§ 17-19-8.1 - Ballots for voters who are blind, visually impaired or disabled.

SECTION 17-19-8.1

   § 17-19-8.1  Ballots for voters who areblind, visually impaired or disabled. – (a) Any voter who is blind or visually impaired or disabled is eligible torequest a special ballot for voting by mail ballot. Special mail ballots areavailable in Braille or tactile format.

   (b) Requests must be made in writing to the local board ofcanvassers where the person is registered to vote at least forty-five (45) daysbefore the election for which the voter is requesting the special ballot. Inaddition, the request will be valid for all elections held during the calendaryear in which the request was received and in which the voter is eligible toparticipate. Applicants must also file the appropriate mail ballot applicationas required by chapter 20 of this title for each election in which they wish toparticipate.

   (c) The office of the secretary of state shall prepare andprovide the appropriate form, which shall be available at local boards and uponrequest from the office of the secretary of state. The voter may also choose tosubmit his or her request in writing without using the form provided, as longas the communication contains all of the required information. The requestshall include the following information:

   (1) The name and registered address of the voter;

   (2) A daytime telephone number;

   (3) An indication of whether this request is for the entirecalendar year or only for the next upcoming election;

   (4) The voter's political party affiliation, if the requestfor a special ballot is also for primaries;

   (5) Indicate the special ballot format.

   (d) All requests received by local boards must be processedand forwarded to the office of the secretary of state within twenty-four (24)hours of receipt. The secretary of state shall maintain a list of all personsrequesting special Braille or tactile mail ballots and must forward a copy ofthe list to the state board of elections at least eighteen (18) days before thedate of any election.

   (e) The state board may adopt rules and regulations for theprocedure for the manual reproduction of voted ballots, when necessary, and thetabulation of Braille and tactile mail ballots.

   (f) The office of the secretary of state shall be responsiblefor the preparation and distribution of special Braille and tactile mailballots. Whenever possible, the secretary of state shall prepare the Braille ortactile mail ballot so that the voted ballot can be read by the tabulationequipment, rather than being manually reproduced by election officials onto amachine readable ballot.

   (g) The office of the secretary of state may adopt rules andregulations setting forth the procedure for the preparations and distributionof the Braille and tactile mail ballots.

   (h) The office of the secretary of state shall prepare andpublish a guide describing the types of ballots available and the manner inwhich each ballot can be voted. This guide shall be revised whenever the typesof ballots available are updated. This guide shall be available in print,Braille, audio, or other accessible formats.

   (i) The office of the secretary of state shall establish aspecial Braille and tactile ballot program for voters who are blind or visuallyimpaired. The office of the secretary of state shall expand the special ballotservice to other voters with disabilities, as feasible, as determined by thesecretary of state, and incorporate other accessible formats as technology andresources allow.

   (j) In accordance with the Help America Vote Act of 2003, thevoting system at each polling place shall be accessible for individuals withdisabilities, including nonvisual accessibility for the blind and visuallyimpaired, in a manner that provides the same opportunity for access andparticipation as for other voters.