Sec. 1101. 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 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a) and section 1044(a), is amended— by redesignating sections 306 and 307 as sections 307 and 308, respectively; and by inserting after section 305 the following new section: Each State shall— ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); 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 within the deadline for the election which is applicable under Federal law; 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); 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, absentee ballot procedures, and in-person voting 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, through the office designated in paragraph (1)— provide information to election officials— on how to set up and operate accessible voting systems; and regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit. Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible 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)(4); 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)(4)(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 securely 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. Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. 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, 2022. . Section 311(b) of such Act ( 52 U.S.C. 21101(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 306, January 1, 2022. . Title III of such Act ( 52 U.S.C. 21081 et seq. ) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. Section 322(a) of such Act, as redesignated by subparagraph (A), is amended by striking section 312 and inserting section 322 . The table of contents of such Act, as amended by section 1031(c) and section 1044(b), is amended— by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and by inserting after the item relating to section 305 the following new item: Sec. 306. Access to voter registration and voting for individuals with disabilities. .
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Sec. 1101
Requirements for States to promote access to voter registration and voting for individuals with disabilities
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