N.J. Admin. Code § 15:10-6.10

Current through Register Vol. 56, No. 19, October 7, 2024

Section 15:10-6.10 - Reporting by county boards of elections; accessibility waivers

(a) No later than May 15 of every year, each voting accessibility advisory committee, established pursuant to P.L. 1991, c. 429 § 11 (19:8-3.7) , shall report to the Secretary of State and the county board of elections, on the form provided by the Secretary of State, a list of all polling places in the county, specifying any found inaccessible. The committee shall indicate the reasons for inaccessibility, according to guidelines established in the Federal Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and shall consult with the county board of election to determine the efforts made pursuant to P.L. 1991, c. 429 (19:8-3.1 et seq.) to locate alternative polling places or the actions needed to make the existing facilities accessible. Each county board of election shall notify the Secretary of State and the committee of any changes in polling place locations before the next general election, including any changes required due to the alteration of district boundaries.

1. Each county board of elections office is required to complete a "Polling Place Accessibility Checklist" for each polling place located within their jurisdiction. This checklist requires the members of the county boards of elections, and/or members of their Voting Accessibility Advisory Committee, to physically evaluate the accessibility status of parking facilities, exterior and interior routes of travel, ramps and curb ramps, and entrances of each polling place. Evaluations are required to note the accessibility status of each area and to provide comments where needed. Based upon Polling Place Accessibility Checklist evaluations, each county board of elections is required to determine and to note the accessibility of each polling place.

2. In instances where a polling place is determined to be inaccessible and is reported as such, a "Polling Place Accessibility Waiver Request" shall be completed and attached to the inaccessibility polling places accessibility checklist. The Secretary of State is provided authority to grant a waiver, in certain cases, to polling places which have been evaluated as inaccessible. In order for the Secretary of State to consider granting any waivers for inaccessible polling places, affected county boards of elections shall not only complete the required waiver form, they shall also document on this form the measures that their office has undertaken to either make this polling place accessible or to relocate such an inaccessible polling place to an alternate accessible location place. While the completion of a Polling Place Accessibility Waiver Form is required for each inaccessible polling place, such a form does not guarantee that inaccessible places will be granted waiver. Waivers will be granted by the Secretary of State only in those instances when an inaccessible polling place and its affected facilities cannot be made accessible and alternative accessible locations are not available. Only two such waivers shall be granted for such polling place and each waiver shall be one year in duration.

3. A Polling Place Accessibility Report shall be completed by each county board of elections. Such reports shall include:

i. The total number of polling places within each county;

ii. The total number of polling places that have been evaluated using the Secretary of States "Polling Place Accessibility Checklist" and have been found to be either accessible or inaccessible; and

iii. A listing of the reason(s) for any instance(s) of inaccessibility.

N.J. Admin. Code § 15:10-6.10

Amended by 46 N.J.R. 819(a), effective 5/5/2014.

Amended by 48 N.J.R. 808(a), effective 5/16/2016