Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities
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Subtitle A of title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ), as amended by section 114, is amended— by redesignating sections 305 and 306 as sections 306 and 307; and by inserting after section 304 the following new section: Each State shall— permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official not less than 30 days before the election; in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph
(A)in accordance with subsection (c); and by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); transmit a validly requested absentee ballot to an individual with a disability— except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and in the case in which the request is received less than 45 days before an election for Federal office— in accordance with State law; and if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication— for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and for the purpose of providing related voting, balloting, and election information to individuals with disabilities. A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. Each State shall establish procedures— to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include— a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. The Attorney General shall approve a waiver request under paragraph
(1)if the Attorney General determines each of the following requirements are met: The comprehensive plan under subparagraph
(D)of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. One or more of the following issues creates an undue hardship for the State: The State's primary election date prohibits the State from complying with subsection (a)(5)(A). The State has suffered a delay in generating ballots due to a legal contest. The State Constitution prohibits the State from complying with such subsection. Except as provided under subparagraph (B), a State that requests a waiver under paragraph
(1)shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. If a State requests a waiver under paragraph
(1)as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. A waiver approved under paragraph
(2)shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph
(1)with respect to such election. In this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. This section shall apply with respect to elections for Federal office held on or after January 1, 2014. . Section 311(b) of such Act ( 42 U.S.C. 15501(b) ) is amended— by striking and at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting ; and ; and by adding at the end the following new paragraph: in the case of the recommendations with respect to section 305, January 1, 2014. . The table of contents of such Act, as amended by section 114(c), is amended— by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and by inserting after the item relating to section 304 the following new item: Sec. 305. Access to voter registration and voting for individuals with disabilities. .
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Sec. 201
Requirements for States to promote access to voter registration and voting for individuals with disabilities
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