Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.57 - Requirements for Voting System Accessibility

Current through Reg. 49, No. 28; July 12, 2024
(a) A voting system shall be accessible to
				  voters with physical disabilities including no vision, low vision (visual
				  acuity between 20/70 and 20/200, and/or 30 degree or greater visual-field
				  loss), no hearing, low hearing, limited manual dexterity, limited reach,
				  limited strength, no mobility, low mobility, or any combination of the
				  foregoing (except the combination of no hearing and no vision, see subsection
				  (b) of this section), by providing voters with physical disabilities with a
				  practical and effective means to cast an independent and secret ballot in
				  accordance with each of the following, assessed independently and collectively:
(1) The voting system shall provide a
				  tactile-input or speech-input device, or both; and
(2) The voting system shall provide a method
				  by which voters can confirm any tactile or audio input by having the capability
				  of audio output using synthetic or recorded human speech, which is reasonably
				  phonetically accurate; and
(3) The
				  voting system shall provide a means for a voter to change the voter's selection
				  prior to the voter casting the ballot; and
(4) Any operable controls on the input device
				  that are needed for voters without vision shall be discernable tactilely
				  without actuating the keys. (Note: All the buttons on the device would not have
				  to be discernable tactilely, only those buttons that are actually required for
				  the individual to use the "operation without vision" mode.); and
(5) Any audio and non-audio access approaches
				  shall be able to work both separately and simultaneously; and
(6) If a non-audio access approach is
				  provided, the system shall not require color perception; the system shall use
				  black text or graphics, or both, on white background or white text or graphics,
				  or both, on black background, unless the office of the Secretary of State
				  approves other high-contrast color combinations that do not require color
				  perception; and
(7) Any voting
				  system that requires any visual perception shall offer the election official
				  who programs the system, prior to its being sent to the polling place, the
				  capability to set the font size to a level that can be read by voters with low
				  vision. (Note: Although there is no standard font size for this situation, a
				  san-serif font of 18 points as printed on a standard 8.5 x 11 piece of paper
				  will allow the most universal access.); and
(8) The voting system shall provide audio
				  information, including any audio output using synthetic or recorded human
				  speech or any auditory feedback tones that are important for the use of the
				  audio approach, through at least one mode (e.g., by handset or headset) in
				  enhanced auditory fashion (i.e., increased amplification), and shall provide
				  incremental volume control with output amplification up to a level of at least
				  97 dB SPL, with at least one intermediate step of 89 dB SPL; and
(9) For transmitted voice signals, the voting
				  system shall provide a gain adjustable up to a minimum of 20 dB with at least
				  one intermediate step of 12 dB of gain; and
(10) For the safety of others, if the voting
				  system has the possibility of exceeding 120 dB SPL, then a mechanism shall be
				  included to reset the volume automatically to a safe level after every use
				  (e.g., when handset is replaced) but not before; and
(11) If sound cues and audible information,
				  such as "beeps" are used, there shall be simultaneous corresponding visual cues
				  and information; and
(12) If a
				  non-audio approach is used in conjunction with an audio counterpart, any spoken
				  text shall also be presented on screen, with the exception that any auditory
				  confirmation of a voter's selection as required by subsection (b) of this
				  section shall not be printed in text on the screen (Note: A graphic
				  representation of a ballot with a check, "X," etc. beside a candidate or
				  proposition is allowed.); and
(13)
				  All controls and operable mechanisms shall be operable with one hand, including
				  with a closed fist, and operable without tight grasping, pinching, or twisting
				  of the wrist; and
(14) The force
				  required to operate or activate the controls shall be no greater than 5 lbf
				  (pounds per square foot); and
(15)
				  If a forward approach by a person in a wheelchair to a voting system is
				  necessary, the maximum high-forward reach allowed shall be 48 inches (1220 mm)
				  and the minimum low-forward reach shall be 15 inches (380 mm). If the
				  high-forward reach is over an obstruction, reach and clearances shall be as
				  shown in the figure below or otherwise in accordance with the ADAAG, as written
				  at the time the system is certified for use in the state of Texas; and
Attached
					 Graphic
(16) If
				  a side or parallel approach by a person in a wheelchair to a voting system is
				  necessary, the maximum side reach allowed shall be 54 inches (1370 mm) and the
				  low side reach shall be no less than 9 inches (230 mm) above the floor. If the
				  side reach is over an obstruction, reach and clearances shall be as shown in
				  the figure below or otherwise in accordance with the ADAAG, as written at the
				  time the system is certified for use in the state of Texas; and
Attached
					 Graphic
(17) The
				  highest operable part of controls, dispensers, receptacles, and other operable
				  equipment shall be placed within at least one of the reach ranges outlined in
				  paragraphs (15) and (16) of this subsection.