Sec. 1104. Protections for individuals subject to guardianship
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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), section 1044(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended— by redesignating sections 309 and 310 as sections 310 and 311, respectively; and by inserting after section 308 the following: A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process.
This section shall apply with respect to elections for Federal office held on or after January 1, 2024. . Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking and 308 and inserting 308, and 309 . The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended— by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and by inserting after the item relating to section 308 the following new item:
Sec. 309. Protections for individuals subject to guardianship. .
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