16-442.01. Accessible voting technology; recommendations; certification; applicability
A. On completion of the certification process pursuant to this section and section 16-442, the secretary of state shall require that voting systems that are used by entities that are governed by section 16-204, but not including cities and towns with a population of less than twenty thousand persons, provide persons who are blind or visually impaired with access to voting that is equivalent to that provided to persons who are not blind or visually impaired and shall provide an accessible vote by United States mail option for persons who are blind or have a visual impairment.
B. For the purposes of this section:
1. A voting system that provides the voter with the ability to cast and verify by both visual and nonvisual methods all of the selections that were made by that voter is deemed to provide equivalent access.
2. Nonvisual methods for casting and verifying a selection made on a voting system include the use of synthesized speech, braille and other output methods that do not require sight.
C. The secretary of state shall consult with and obtain recommendations regarding voting systems from nonprofit organizations that represent persons who are blind or visually impaired, persons with expertise in accessible software, hardware and other technology, county and local election officials and other persons deemed appropriate by the secretary of state. After receiving recommendations, the secretary of state shall submit to the committee established pursuant to section 16-442 one or more voting systems that provide equivalent access pursuant to this section for possible certification for use in this state.
D. Subsection A of this section applies to voting systems that are purchased or upgraded on or after January 1, 2006.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2009–2022 · leading case:
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
· cites it 12× “¶4 In addition, the legislature enacted A.R.S. § 16-442.01 (2006), 2004 Ariz. Sess.”
McNamara v. Citizens Protecting Tax Payers, 337 P.3d 557 (Ariz. Ct. App. 2014).
· cites it 2× “For example, § 16-442.01 sets forth voting systems criteria designed to guarantee blind and visually impaired voters the opportunity to vote.”
Lake v. Fontes (D. Ariz. 2022).
· cites it 2× “B, every vote cast can be tied to a paper ballot (see A.R.S. §§ 16-442.01; § 16- 25 446(B)(7); 2019 EPM at 80), voting devices are not connected to the Internet (see Doc.”
Lake v. Fontes (D. Ariz. 2022).
· cites it 2× “7 A.R.S. §§ 16-442.01; § 16-446(B)(7); 2019 12 [Elections Procedures Manual] at 80.”
McCarthy v. Scottsdale Unified Sch. Dist. No. 48 (D. Ariz. 2019).
“8 Section 16-442.01, provided that voting systems used in the state “must provide persons 9 who are blind or visually impaired with ‘access to voting that is equivalent to that provided 10 to persons who are not blind or visually impaired.”
— Ariz. Rev. Stat. § 16-442.01(0) — 1 case
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
“¶4 In addition, the legislature enacted A.R.S. § 16-442.01 (2006), 2004 Ariz. Sess.”
— Ariz. Rev. Stat. § 16-442.01(B)(1) — 1 case
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
“¶4 In addition, the legislature enacted A.R.S. § 16-442.01 (2006), 2004 Ariz. Sess.”
— Ariz. Rev. Stat. § 16-442.01(B)(2) — 1 case
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
“¶4 In addition, the legislature enacted A.R.S. § 16-442.01 (2006), 2004 Ariz. Sess.”
— Ariz. Rev. Stat. § 16-442.01(C) — 1 case
Chavez v. Brewer, 214 P.3d 397 (Ariz. Ct. App. 2009).
“¶4 In addition, the legislature enacted A.R.S. § 16-442.01 (2006), 2004 Ariz. Sess.”
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