Title of Regulation: 1VAC20-60. Election Administration (adding 1VAC20-60-35).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 4, 2016.

Agency Contact: Brooks C. Braun, Policy Analyst, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8924, or email brooks.braun@elections.virginia.gov.

Summary:

In accordance with § 24.2-310 of the Code of Virginia, the regulation provides instructions to local electoral boards and general registrars to assist localities in complying with the requirements of the Virginians with Disabilities Act (§ 51.5-1 et seq. of the Code of Virginia), the Voting Accessibility for the Elderly and Handicapped Act (52 USC § 20101 et seq.), and the Americans with Disabilities Act relating to public services (42 USC § 12131 et seq.).

1VAC20-60-35. Polling place accessibility assessments.

A. This section applies to (i) the staff or other individuals designated by Virginia's protection and advocacy program designated by the Governor pursuant to § 51.5-39.13 of the Code of Virginia and the Help America Vote Act, (ii) the members of the State Board of Elections, (iii) the Commissioner of Elections, and (iv) individuals designated by the Commissioner to assess the compliance of a polling place with § 24.2-310 C of the Code of Virginia.

B. Individuals identified in subsection A of this section are authorized to access any polling place on or before any election day to conduct activities related to assessing compliance with § 24.2-310 C.

C. When practical, any person observing under this section for the purpose of assessing polling place accessibility shall notify the general registrar at least 24 hours in advance of his intent to assess polling place accessibility.

D. Designated accessibility observers shall be allowed to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.

E. Designated accessibility observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.

F. Designated accessibility observers shall be allowed to wear shirts or name tags identifying themselves as official designated accessibility observers.

G. Election officials, including poll workers, shall facilitate the work of designated accessibility observers in making accessibility assessments.