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Code · BILL · 117th Congress · H.R. 5746 (EAH) — 117 HR 5746 EAH: Freedom to Vote: John R. Lewis Act · Sec. 1102

Sec. 1102. Establishment and maintenance of State accessible election websites

1,099 words·~5 min read·/bill/117/hr/5746/eah/section-1102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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), section 1044(a), and section 1101(a), is amended— by redesignating sections 307 and 308 as sections 308 and 309, respectively; and by inserting after section 306 the following: Not later than January 1, 2023, each State shall establish a single election website that is accessible and meets the following requirements: The website shall provide local election officials, poll workers, and volunteers with— guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and online training and resources on— how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and the voting rights and protections for individuals with disabilities and older individuals under State and Federal law.
The website shall provide information about voting, including— the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; how to register to vote and confirm voter registration in the State; the location and operating hours of all polling places in the State; the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed.
The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— update an existing election website to make it fully accessible in accordance with this section; or develop an election website that is fully accessible in accordance with this section. The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section.
The committee shall comprise at least the following individuals: The chief election officials of the four most populous jurisdictions within the State. The chief election officials of the four least populous jurisdictions within the State. Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. Representatives from two older individual advocacy groups, including at least one such representative who is an older individual.
Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites. Representatives from two independent non-governmental voting rights organizations. Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website:
University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ).
State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). State Assistive Technology Act Programs. A visual access advocacy organization. An organization for the deaf. A mental health organization. For purposes of this section, section 305, and section 307:
The term accessible means— in the case of the election website under subsection
(a)or an electronic communication under section 305— that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. The term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office. . Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b), is amended by striking section 306 and inserting sections 306 and 307 . The table of contents of such Act, as amended by section 1031(c), section 1044(b), and section 1101(c), is amended— by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and by inserting after the item relating to section 306 the following new item: Sec. 307. Establishment and maintenance of accessible election websites. .
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