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Promulgation of guidelines.
(a) The Attorney General of this state, in consultation with the United States Secretary of Health and Human Services, and in accordance with Section 553 of Title 5, United States Code, shall promulgate, within six months of April 8, 1985, guidelines to assure that registration and polling place facilities used for state elections are readily accessible to and usable by handicapped and elderly individuals. Such guidelines at a minimum shall require:
(1) That all polling places shall be located
a. In any building or other facility which is or can be made accessible, by temporary ramp or otherwise, to individuals in wheelchairs on election days for all hours during which said polling places are used for the purpose of a state election; and
b. On the ground level of the building or other facility or at a location within such building or facility as is accessible by elevator; and
(2) That all places of registration shall be located
a. In any building or other facility which is or can be made accessible by temporary ramp or otherwise to individuals in wheelchairs for all hours during which said places of registration are used for the purpose of a state election; and
b. On the ground level of the building or other facility or at a location within such building or facility as is accessible by elevator.
(b) The requirements of subsection (a) of this section shall not apply to registration places located in private residences or to temporary places of registration designated or used by deputy or assistant registrars on a one-time or occasional basis; provided, however, that comparable registration procedures and/or registration places which comply with the guidelines are available to handicapped and elderly individuals.
(c) No provision of this article shall be deemed to constitute legal justification for decreasing, or failing to increase, the number of places provided for voter registration or the number of polling places.
(Acts 1985, No. 85-234, p. 133, §3.)