Assembly Bill No. 545 Elections Access for Voters with Disabilities (Approved on October 10, 2023) 

This assembly bill was introduced by Assembly Member Ting on February 8, 2023. Existing law mandates elections officials to supply each polling place with specified items for an election. This bill seeks to broaden the list of required supplies to encompass specific items intended to assist voters with disabilities. Current law delineates regulations on who may be present in the voting booth area or occupy a voting booth or compartment. Additionally, it permits a voter, upon declaring under oath to a member of the precinct board an inability to mark a ballot, to receive assistance from up to two individuals, as specified.

The bill proposes the removal of the requirement for the voter to issue a declaration under oath before obtaining assistance. In cases where certain polling places are inaccessible, current law allows a voter with a disability to vote outside the polling place by a regular ballot. Where voting a regular ballot outside the polling place is impractical, existing law mandates the provision of sufficient numbers of vote by mail ballots to accommodate voters with disabilities presenting themselves on election day. It also authorizes a voter with a disability to vote a vote by mail ballot in the same manner as a regular ballot outside the polling place.

This bill expands this authority, permitting a voter with a disability to vote by a regular ballot outside any polling place, irrespective of its accessibility. The bill mandates the posting of signage in designated areas indicating the availability of this voting option for voters with disabilities. Additionally, it requires the establishment of a method for a voter with a disability to contact a precinct board member to vote outside the polling place. Elections officials are obliged to include information about this option on the county elections website and in the county voter information guide. As this bill imposes additional responsibilities on local elections officials, it constitutes a state-mandated local program. The California Constitution necessitates the state to reimburse local agencies and school districts for certain state-mandated costs. The bill stipulates that if the Commission on State Mandates determines that it contains state-mandated costs, reimbursement shall be made according to established statutory provisions.