I 116TH CONGRESS 1ST SESSION H. R. 1573 To amend the Help America Vote Act of 2002 to promote access to voter registration and voting for individuals with disabilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 6, 2019 Ms. SCANLON (for herself and Mr. SARBANES) 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 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 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1573 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; 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 not less than 30 days before the election; 23 ‘‘(3) in addition to any other method of reg- 24 istering to vote or applying for an absentee ballot in 25 the State, establish procedures— 26 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1573 IH ‘‘(A) for individuals with disabilities to re- 1 quest by mail and electronically voter registra- 2 tion applications and absentee ballot applica- 3 tions with respect to elections for Federal office 4 in accordance with subsection (c); 5 ‘‘(B) for States to send by mail and elec- 6 tronically (in accordance with the preferred 7 method of transmission designated by the indi- 8 vidual under subparagraph (C)) voter registra- 9 tion applications and absentee ballot applica- 10 tions requested under subparagraph (A) in ac- 11 cordance with subsection (c); and 12 ‘‘(C) by which such an individual can des- 13 ignate whether the individual prefers that such 14 voter registration application or absentee ballot 15 application be transmitted by mail or electroni- 16 cally; 17 ‘‘(4) in addition to any other method of trans- 18 mitting blank absentee ballots in the State, establish 19 procedures for transmitting by mail and electroni- 20 cally blank absentee ballots to individuals with dis- 21 abilities with respect to elections for Federal office 22 in accordance with subsection (d); 23 ‘‘(5) transmit a validly requested absentee bal- 24 lot to an individual with a disability— 25 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1573 IH ‘‘(A) except as provided in subsection (e), 1 in the case in which the request is received at 2 least 45 days before an election for Federal of- 3 fice, not later than 45 days before the election; 4 and 5 ‘‘(B) in the case in which the request is re- 6 ceived less than 45 days before an election for 7 Federal office— 8 ‘‘(i) in accordance with State law; and 9 ‘‘(ii) if practicable and as determined 10 appropriate by the State, in a manner that 11 expedites the transmission of such absen- 12 tee ballot; and 13 ‘‘(6) if the State declares or otherwise holds a 14 runoff election for Federal office, establish a written 15 plan that provides absentee ballots are made avail- 16 able to individuals with disabilities in a manner that 17 gives them sufficient time to vote in the runoff elec- 18 tion. 19 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO 20 PROVIDE INFORMATION ON REGISTRATION AND ABSEN- 21 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS 22 IN STATE.—Each State shall designate a single office 23 which shall be responsible for providing information re- 24 garding voter registration procedures and absentee ballot 25 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1573 IH procedures to be used by individuals with disabilities with 1 respect to elections for Federal office to all individuals 2 with disabilities who wish to register to vote or vote in 3 any jurisdiction in the State. 4 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM- 5 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO 6 REQUEST AND FOR STATES TO SEND VOTER REGISTRA- 7 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA- 8 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING 9 INFORMATION.— 10 ‘‘(1) IN GENERAL.—Each State shall, in addi- 11 tion to the designation of a single State office under 12 subsection (b), designate not less than 1 means of 13 electronic communication— 14 ‘‘(A) for use by individuals with disabilities 15 who wish to register to vote or vote in any ju- 16 risdiction in the State to request voter registra- 17 tion applications and absentee ballot applica- 18 tions under subsection (a)(3); 19 ‘‘(B) for use by States to send voter reg- 20 istration applications and absentee ballot appli- 21 cations requested under such subsection; and 22 ‘‘(C) for the purpose of providing related 23 voting, balloting, and election information to in- 24 dividuals with disabilities. 25 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1573 IH ‘‘(2) CLARIFICATION REGARDING PROVISION OF 1 MULTIPLE MEANS OF ELECTRONIC COMMUNICA- 2 TION.—A State may, in addition to the means of 3 electronic communication so designated, provide 4 multiple means of electronic communication to indi- 5 viduals with disabilities, including a means of elec- 6 tronic communication for the appropriate jurisdic- 7 tion of the State. 8 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF 9 ELECTRONIC COMMUNICATION WITH INFORMA- 10 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC- 11 COMPANY BALLOTING MATERIALS.—Each State shall 12 include a means of electronic communication so des- 13 ignated with all informational and instructional ma- 14 terials that accompany balloting materials sent by 15 the State to individuals with disabilities. 16 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI- 17 CATED.—In the case where an individual with a dis- 18 ability does not designate a preference under sub- 19 section (a)(3)(C), the State shall transmit the voter 20 registration application or absentee ballot application 21 by any delivery method allowable in accordance with 22 applicable State law, or if there is no applicable 23 State law, by mail. 24 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1573 IH ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS 1 BY MAIL AND ELECTRONICALLY.— 2 ‘‘(1) IN GENERAL.—Each State shall establish 3 procedures— 4 ‘‘(A) to securely transmit blank absentee 5 ballots by mail and electronically (in accordance 6 with the preferred method of transmission des- 7 ignated by the individual with a disability under 8 subparagraph (B)) to individuals with disabil- 9 ities for an election for Federal office; and 10 ‘‘(B) by which the individual with a dis- 11 ability can designate whether the individual pre- 12 fers that such blank absentee ballot be trans- 13 mitted by mail or electronically. 14 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI- 15 CATED.—In the case where an individual with a dis- 16 ability does not designate a preference under para- 17 graph (1)(B), the State shall transmit the ballot by 18 any delivery method allowable in accordance with ap- 19 plicable State law, or if there is no applicable State 20 law, by mail. 21 ‘‘(3) APPLICATION OF METHODS TO TRACK DE- 22 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL 23 REQUESTING BALLOT.—Under the procedures estab- 24 lished under paragraph (1), the State shall apply 25 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1573 IH such methods as the State considers appropriate, 1 such as assigning a unique identifier to the ballot, 2 to ensure that if an individual with a disability re- 3 quests the State to transmit a blank absentee ballot 4 to the individual in accordance with this subsection, 5 the voted absentee ballot which is returned by the 6 individual is the same blank absentee ballot which 7 the State transmitted to the individual. 8 ‘‘(e) HARDSHIP EXEMPTION.— 9 ‘‘(1) IN GENERAL.—If the chief State election 10 official determines that the State is unable to meet 11 the requirement under subsection (a)(5)(A) with re- 12 spect to an election for Federal office due to an 13 undue hardship described in paragraph (2)(B), the 14 chief State election official shall request that the At- 15 torney General grant a waiver to the State of the 16 application of such subsection. Such request shall in- 17 clude— 18 ‘‘(A) a recognition that the purpose of 19 such subsection is to individuals with disabil- 20 ities enough time to vote in an election for Fed- 21 eral office; 22 ‘‘(B) an explanation of the hardship that 23 indicates why the State is unable to transmit 24 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1573 IH such individuals an absentee ballot in accord- 1 ance with such subsection; 2 ‘‘(C) the number of days prior to the elec- 3 tion for Federal office that the State requires 4 absentee ballots be transmitted to such individ- 5 uals; and 6 ‘‘(D) a comprehensive plan to ensure that 7 such individuals are able to receive absentee 8 ballots which they have requested and submit 9 marked absentee ballots to the appropriate 10 State election official in time to have that ballot 11 counted in the election for Federal office, which 12 includes— 13 ‘‘(i) the steps the State will undertake 14 to ensure that such individuals have time 15 to receive, mark, and submit their ballots 16 in time to have those ballots counted in the 17 election; 18 ‘‘(ii) why the plan provides such indi- 19 viduals sufficient time to vote as a sub- 20 stitute for the requirements under such 21 subsection; and 22 ‘‘(iii) the underlying factual informa- 23 tion which explains how the plan provides 24 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1573 IH such sufficient time to vote as a substitute 1 for such requirements. 2 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 3 Attorney General shall approve a waiver request 4 under paragraph (1) if the Attorney General deter- 5 mines each of the following requirements are met: 6 ‘‘(A) The comprehensive plan under sub- 7 paragraph (D) of such paragraph provides indi- 8 viduals with disabilities sufficient time to re- 9 ceive absentee ballots they have requested and 10 submit marked absentee ballots to the appro- 11 priate State election official in time to have that 12 ballot counted in the election for Federal office. 13 ‘‘(B) One or more of the following issues 14 creates an undue hardship for the State: 15 ‘‘(i) The State’s primary election date 16 prohibits the State from complying with 17 subsection (a)(5)(A). 18 ‘‘(ii) The State has suffered a delay in 19 generating ballots due to a legal contest. 20 ‘‘(iii) The State Constitution prohibits 21 the State from complying with such sub- 22 section. 23 ‘‘(3) TIMING OF WAIVER.— 24 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1573 IH ‘‘(A) IN GENERAL.—Except as provided 1 under subparagraph (B), a State that requests 2 a waiver under paragraph (1) shall submit to 3 the Attorney General the written waiver request 4 not later than 90 days before the election for 5 Federal office with respect to which the request 6 is submitted. The Attorney General shall ap- 7 prove or deny the waiver request not later than 8 65 days before such election. 9 ‘‘(B) EXCEPTION.—If a State requests a 10 waiver under paragraph (1) as the result of an 11 undue hardship described in paragraph 12 (2)(B)(ii), the State shall submit to the Attor- 13 ney General the written waiver request as soon 14 as practicable. The Attorney General shall ap- 15 prove or deny the waiver request not later than 16 5 business days after the date on which the re- 17 quest is received. 18 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap- 19 proved under paragraph (2) shall only apply with re- 20 spect to the election for Federal office for which the 21 request was submitted. For each subsequent election 22 for Federal office, the Attorney General shall only 23 approve a waiver if the State has submitted a re- 24 VerDate Sep 11 2014 23:25 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1573.IH H1573 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1573 IH quest under paragraph (1) with respect to such elec- 1 tion. 2 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec- 3 tion may be construed to allow the marking or casting of 4 ballots over the internet. 5 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 6 In this section, an ‘individual with a disability’ means an 7 individual with an impairment that substantially limits 8 any major life activities and who is otherwise qualified to 9 vote in elections for Federal office. 10 ‘‘(h) EFFECTIVE DATE.—This section shall apply 11 with respect to elections for Federal office held on or after 12 January 1, 2020.’’. 13 (b) CONFORMING AMENDMENT RELATING TO 14 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS- 15 SISTANCE COMMISSION.—Section 311(b) of such Act (52 16 U.S.C. 21101(b)) is amended— 17 (1) by striking ‘‘and’’ at the end of paragraph 18 (2); 19 (2) by striking the period at the end of para- 20 graph (3) a [Text truncated for display. 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