I would recommend NOT adopting the proposed regulation for the following reasons:

1. The authority of the State Board of Elections to adopt rules and regulations as found in §24.2-103(A) is limited to be “consistent with election laws”.  Obedience to any adopted rule or regulation is expected on the condition that the rule or regulation itself “does not conflict with Virginia or federal law.”  The proposed regulation would be in direct contradiction with §24.2-604 which gives the full authority to the electoral board to permit or deny persons access to a polling place.
    
2. The contradiction listed in number 2 above is emphasized when considering that there is a 2006 opinion from the Virginia Attorney General that the organization that audits accessibility MAY NOT enter a polling place on Election Day without the express written permission of the electoral board.  Yet another strong contradiction in law to the proposed regulation.
    
3. Section B of the proposed regulations would allow the State Board of Elections to grant authority to specific individuals to enter polling places “on or before any election day”.  Arguments 2 and 3 above cover the prohibition to grant such permission on Election Day.  The State Board of Elections would certainly lack the authority to grant access for their agents to non-state or private property – local schools, churches, community centers, fire stations, etc. – on any other day.  The other problem with the proposition is that there is no requirement that the facility used for a polling place meet accessibility requirements except on Election Day.  Thus, any such pre (or even post) Election Day examination would be pointless.
    
4. Section D of the proposed regulations would allow accessibility auditors to take measurements “unless it is disruptive or interferes with the administration of the election” and Section E would allow accessibility auditors to take photos and video “unless it is disruptive or interferes with the administration of the election.”  By the very nature of being unnatural occurrences in a polling place, taking measurements or photos or video WILL most certainly be disruptive and WILL most certainly interfere with the administration of the election!  Such activity would at the least be distracting to election officials and thus detract from their primary duty of facilitating voting.
    
5. Let us keep proper perspective.  As important as accessibility is, providing an appropriate environment for citizens to exercise their franchise is the primary function and goal at a polling place.  Anything that detracts from that should be given serious pause and proper consideration prior to implementation.  This entire proposal is contrary to our primary function and goal.
    
6. It seems that the proper approach for auditing polling places is to ask the General Assembly to clearly incorporate that activity into Virginia election law.
   
   Thank you for your consideration.
    

I recommend NOT to adopt the proposed regulations for the following reasons:

Our Officers of Election have one and only one important function on Election Day.  Conduct the Election by helping and qualifying voters to exercise their right to vote. 

Section B of the Proposal - Under the AG opinion in 24.2 - 604 this may only be done with written permission of the appropriate Electoral Board.  Before Election Day may work, but not on Election Day. 

Section C of the Proposal - What is practical?  These people assessing the polling place could just show up without any prior notification.  General Registrars are extremely busy trying to help their voters exercise their right to vote and get ready to conduct the election.

Sections D & E - Taking measurements and videos and photos will absolutely be disruptive on Election Day for our Officers of Election and our voters.

Section G - Our Officers of Election have enough to do to conduct the Election on Election Day.  Again it comes back to their one and only important function.  They do not have the time to faciliate the work of these accessibility observers.       

Let the General Assembly take up this issue and make this part of Virginia Election Law.

Thank you.