Disability Voting Rights Act

I 117TH CONGRESS 1ST SESSION H. R. 775 To amend the Help America Vote Act of 2002 to require States to promote access to voter registration and voting for individuals with disabilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Ms. SCANLON introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to require States to promote access to voter registration and voting for individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Disability Voting 4 Rights Act’’. 5 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 775 IH SEC. 2. REQUIREMENTS FOR STATES TO PROMOTE ACCESS 1 TO VOTER REGISTRATION AND VOTING FOR 2 INDIVIDUALS WITH DISABILITIES. 3 (a) REQUIREMENTS.—Subtitle A of title III of the 4 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 5 is amended— 6 (1) by redesignating sections 304 and 305 as 7 sections 305 and 306, respectively; and 8 (2) by inserting after section 303 the following 9 new section: 10 ‘‘SEC. 304. ACCESS TO VOTER REGISTRATION AND VOTING 11 FOR INDIVIDUALS WITH DISABILITIES. 12 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL- 13 LOTS.—Each State shall— 14 ‘‘(1) permit individuals with disabilities to use 15 absentee registration procedures and to vote by ab- 16 sentee ballot in elections for Federal office; 17 ‘‘(2) accept and process, with respect to any 18 election for Federal office, any otherwise valid voter 19 registration application and absentee ballot applica- 20 tion from an individual with a disability if the appli- 21 cation is received by the appropriate State election 22 official within the deadline for the election which is 23 applicable under Federal law; 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 775 IH ‘‘(3) in addition to any other method of reg- 1 istering to vote or applying for an absentee ballot in 2 the State, establish procedures— 3 ‘‘(A) for individuals with disabilities to re- 4 quest by mail and electronically voter registra- 5 tion applications and absentee ballot applica- 6 tions with respect to elections for Federal office 7 in accordance with subsection (c); 8 ‘‘(B) for States to send by mail and elec- 9 tronically (in accordance with the preferred 10 method of transmission designated by the indi- 11 vidual under subparagraph (C)) voter registra- 12 tion applications and absentee ballot applica- 13 tions requested under subparagraph (A) in ac- 14 cordance with subsection (c)); and 15 ‘‘(C) by which such an individual can des- 16 ignate whether the individual prefers that such 17 voter registration application or absentee ballot 18 application be transmitted by mail or electroni- 19 cally; 20 ‘‘(4) in addition to any other method of trans- 21 mitting blank absentee ballots in the State, establish 22 procedures for transmitting by mail and electroni- 23 cally blank absentee ballots to individuals with dis- 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 775 IH abilities with respect to elections for Federal office 1 in accordance with subsection (d); 2 ‘‘(5) transmit a validly requested absentee bal- 3 lot to an individual with a disability— 4 ‘‘(A) except as provided in subsection (e), 5 in the case in which the request is received at 6 least 45 days before an election for Federal of- 7 fice, not later than 45 days before the election; 8 and 9 ‘‘(B) in the case in which the request is re- 10 ceived less than 45 days before an election for 11 Federal office— 12 ‘‘(i) in accordance with State law; and 13 ‘‘(ii) if practicable and as determined 14 appropriate by the State, in a manner that 15 expedites the transmission of such absen- 16 tee ballot; and 17 ‘‘(6) if the State declares or otherwise holds a 18 runoff election for Federal office, establish a written 19 plan that provides absentee ballots are made avail- 20 able to individuals with disabilities in a manner that 21 gives them sufficient time to vote in the runoff elec- 22 tion. 23 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO 24 PROVIDE INFORMATION ON REGISTRATION AND ABSEN- 25 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 775 IH TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS 1 IN STATE.—Each State shall designate a single office 2 which shall be responsible for providing information re- 3 garding voter registration procedures and absentee ballot 4 procedures to be used by individuals with disabilities with 5 respect to elections for Federal office to all individuals 6 with disabilities who wish to register to vote or vote in 7 any jurisdiction in the State. 8 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM- 9 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO 10 REQUEST AND FOR STATES TO SEND VOTER REGISTRA- 11 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA- 12 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING 13 INFORMATION.— 14 ‘‘(1) IN GENERAL.—Each State shall, in addi- 15 tion to the designation of a single State office under 16 subsection (b), designate not less than 1 means of 17 electronic communication— 18 ‘‘(A) for use by individuals with disabilities 19 who wish to register to vote or vote in any ju- 20 risdiction in the State to request voter registra- 21 tion applications and absentee ballot applica- 22 tions under subsection (a)(3); 23 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 775 IH ‘‘(B) for use by States to send voter reg- 1 istration applications and absentee ballot appli- 2 cations requested under such subsection; and 3 ‘‘(C) for the purpose of providing related 4 voting, balloting, and election information to in- 5 dividuals with disabilities. 6 ‘‘(2) CLARIFICATION REGARDING PROVISION OF 7 MULTIPLE MEANS OF ELECTRONIC COMMUNICA- 8 TION.—A State may, in addition to the means of 9 electronic communication so designated, provide 10 multiple means of electronic communication to indi- 11 viduals with disabilities, including a means of elec- 12 tronic communication for the appropriate jurisdic- 13 tion of the State. 14 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF 15 ELECTRONIC COMMUNICATION WITH INFORMA- 16 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC- 17 COMPANY BALLOTING MATERIALS.—Each State shall 18 include a means of electronic communication so des- 19 ignated with all informational and instructional ma- 20 terials that accompany balloting materials sent by 21 the State to individuals with disabilities. 22 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI- 23 CATED.—In the case where an individual with a dis- 24 ability does not designate a preference under sub- 25 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 775 IH section (a)(3)(C), the State shall transmit the voter 1 registration application or absentee ballot application 2 by any delivery method allowable in accordance with 3 applicable State law, or if there is no applicable 4 State law, by mail. 5 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS 6 BY MAIL AND ELECTRONICALLY.— 7 ‘‘(1) IN GENERAL.—Each State shall establish 8 procedures— 9 ‘‘(A) to securely transmit blank absentee 10 ballots by mail and electronically (in accordance 11 with the preferred method of transmission des- 12 ignated by the individual with a disability under 13 subparagraph (B)) to individuals with disabil- 14 ities for an election for Federal office; and 15 ‘‘(B) by which the individual with a dis- 16 ability can designate whether the individual pre- 17 fers that such blank absentee ballot be trans- 18 mitted by mail or electronically. 19 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI- 20 CATED.—In the case where an individual with a dis- 21 ability does not designate a preference under para- 22 graph (1)(B), the State shall transmit the ballot by 23 any delivery method allowable in accordance with ap- 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 775 IH plicable State law, or if there is no applicable State 1 law, by mail. 2 ‘‘(3) APPLICATION OF METHODS TO TRACK DE- 3 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL 4 REQUESTING BALLOT.—Under the procedures estab- 5 lished under paragraph (1), the State shall apply 6 such methods as the State considers appropriate, 7 such as assigning a unique identifier to the ballot, 8 to ensure that if an individual with a disability re- 9 quests the State to transmit a blank absentee ballot 10 to the individual in accordance with this subsection, 11 the voted absentee ballot which is returned by the 12 individual is the same blank absentee ballot which 13 the State transmitted to the individual. 14 ‘‘(e) HARDSHIP EXEMPTION.— 15 ‘‘(1) IN GENERAL.—If the chief State election 16 official determines that the State is unable to meet 17 the requirement under subsection (a)(5)(A) with re- 18 spect to an election for Federal office due to an 19 undue hardship described in paragraph (2)(B), the 20 chief State election official shall request that the At- 21 torney General grant a waiver to the State of the 22 application of such subsection. Such request shall in- 23 clude— 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 775 IH ‘‘(A) a recognition that the purpose of 1 such subsection is to provide individuals with 2 disabilities enough time to vote in an election 3 for Federal office; 4 ‘‘(B) an explanation of the hardship that 5 indicates why the State is unable to transmit 6 such individuals an absentee ballot in accord- 7 ance with such subsection; 8 ‘‘(C) the number of days prior to the elec- 9 tion for Federal office that the State requires 10 absentee ballots be transmitted to such individ- 11 uals; and 12 ‘‘(D) a comprehensive plan to ensure that 13 such individuals are able to receive absentee 14 ballots which they have requested and submit 15 marked absentee ballots to the appropriate 16 State election official in time to have that ballot 17 counted in the election for Federal office, which 18 includes— 19 ‘‘(i) the steps the State will undertake 20 to ensure that such individuals have time 21 to receive, mark, and submit their ballots 22 in time to have those ballots counted in the 23 election; 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 775 IH ‘‘(ii) why the plan provides such indi- 1 viduals sufficient time to vote as a sub- 2 stitute for the requirements under such 3 subsection; and 4 ‘‘(iii) the underlying factual informa- 5 tion which explains how the plan provides 6 such sufficient time to vote as a substitute 7 for such requirements. 8 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 9 Attorney General shall approve a waiver request 10 under paragraph (1) if the Attorney General deter- 11 mines each of the following requirements are met: 12 ‘‘(A) The comprehensive plan under sub- 13 paragraph (D) of such paragraph provides indi- 14 viduals with disabilities sufficient time to re- 15 ceive absentee ballots they have requested and 16 submit marked absentee ballots to the appro- 17 priate State election official in time to have that 18 ballot counted in the election for Federal office. 19 ‘‘(B) One or more of the following issues 20 creates an undue hardship for the State: 21 ‘‘(i) The State’s primary election date 22 prohibits the State from complying with 23 subsection (a)(5)(A). 24 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 775 IH ‘‘(ii) The State has suffered a delay in 1 generating ballots due to a legal contest. 2 ‘‘(iii) The State Constitution prohibits 3 the State from complying with such sub- 4 section. 5 ‘‘(3) TIMING OF WAIVER.— 6 ‘‘(A) IN GENERAL.—Except as provided 7 under subparagraph (B), a State that requests 8 a waiver under paragraph (1) shall submit to 9 the Attorney General the written waiver request 10 not later than 90 days before the date of the 11 election for Federal office with respect to which 12 the request is submitted. The Attorney General 13 shall approve or deny the waiver request not 14 later than 65 days before the date of such elec- 15 tion. 16 ‘‘(B) EXCEPTION.—If a State requests a 17 waiver under paragraph (1) as the result of an 18 undue hardship described in paragraph 19 (2)(B)(ii), the State shall submit to the Attor- 20 ney General the written waiver request as soon 21 as practicable. The Attorney General shall ap- 22 prove or deny the waiver request not later than 23 5 business days after the date on which the re- 24 quest is received. 25 VerDate Sep 11 2014 20:39 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 775 IH ‘‘(4) APPLICATION OF WAIVER.—A waiver ap- 1 proved under paragraph (2) shall only apply with re- 2 spect to the election for Federal office for which the 3 request was submitted. For each subsequent election 4 for Federal office, the Attorney General shall only 5 approve a waiver if the State has submitted a re- 6 quest under paragraph (1) with respect to such elec- 7 tion. 8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec- 9 tion may be construed to allow the marking or casting of 10 ballots over the internet. 11 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 12 In this section, an ‘individual with a disability’ means an 13 individual with an impairment that substantially limits 14 any major life activities and who is otherwise qualified to 15 vote in elections for Federal office. 16 ‘‘(h) EFFECTIVE DATE.—This section shall apply 17 with respect to elections for Federal office held on or after 18 January 1, 2022.’’. 19 (b) CONFORMING AMENDMENT RELATING TO 20 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS- 21 SISTANCE COMMISSION.—Section 311(b) of such Act (52 22 U.S.C. 21101(b)) is amended— 23 (1) by striking ‘‘and’’ at the end of paragraph 24 (2); 25 [Text truncated for display. 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