§ 1-5-706 — Ballot access for voters with a disability - definition

(1) The
secretary of state shall establish procedures to enable a voter with a disability to
independently and privately mark a ballot or use an electronic voting device that
produces a paper record using nonvisual access, low-vision access, or other
assistive technology in order for the voter to vote in a mail ballot election pursuant
to article 7.5 of this title 1. The procedures shall include a method, to be determined
by the secretary of state, by which a voter with a disability may request such a
ballot.

(1.5) In addition to the procedures specified in subsection (1) of this section,
the secretary of state shall establish an electronic transmission system through
which a voter with a disability may request and return a ballot.

(2) (a) A voter with a disability who requests that a ballot and balloting
materials be sent to the voter by electronic transmission may choose electronic
mail delivery or, if offered by the voter's jurisdiction, other electronic means. The
designated election official in each jurisdiction charged with distributing a ballot
and balloting materials shall transmit the ballot and balloting materials to the voter
using the means of transmission chosen by the voter.

(b) If a ballot application from a voter with a disability arrives after the
jurisdiction begins transmitting ballots and balloting materials to voters, the official
charged with distributing a ballot and balloting materials shall transmit them to the
voter within seventy-two hours after the receipt of the application.

(c) A voter with a disability who receives a ballot pursuant to this subsection
(2) may print and return the ballot or may return the ballot by electronic
transmission if the voter affirms the voter is an eligible person in accordance with
subsection (2)(d) of this section. To be valid, a ballot returned by a voter pursuant to
this subsection (2) must include a signed affidavit or a copy of an acceptable form
of identification as defined in section 1-1-104 (19.5) and must be received by the
election official in the applicable jurisdiction before the close of polls on the day of
the election.

(d) As used in this section, eligible person means an individual who,
regardless of any other disability:

(I) Is blind;

(II) Has a visual impairment or perceptual or reading disability that cannot be
improved to give visual function substantially equivalent to that of a person who
has no such impairment or disability and so is unable to read or mark a ballot to
substantially the same degree as a person without an impairment or disability; or

(III) Is otherwise unable, through physical disability, to hold, mark, or
manipulate a ballot or to focus or move the eyes to the extent that would be
normally acceptable for reading or marking a ballot.

Legislative History

Source: L. 2019: Entire section added, (SB 19-202), ch. 327, p. 3038, � 1, effective August 2. L. 2021: (1.5) and (2)(d) added and (2)(c) amended, (SB 21-188), ch. 171, p. 945, � 1, effective September 7.