Title II — State requirements and payments

S. 3206 · 116th Congress · Jan 16, 2020 · Lineage

II State requirements and payments

201. Establishment and maintenance of State accessible election websites

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.) is amended—

(1)

by redesignating sections 304 and 305 as sections 305 and 306; and

(2)

by inserting after section 303 the following:

“304. Establishment and maintenance of accessible election websites

“(a) In general—Each State shall ensure their election websites are accessible and meet the following requirements:

“(1) Local election officials—The website shall provide local election officials, poll workers, and volunteers with—

“(A) 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

“(B) online training and resources on—

“(i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and

“(ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law.

“(2) Voters—The website shall provide information about voting, including—

“(A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places;

“(B) how to register to vote and confirm voter registration in the State;

“(C) the location and operating hours of all polling places in the State;

“(D) 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;

“(E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals;

“(F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and

“(G) 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.

“(b) Partnership with outside technical organization

“(1) In general—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—

“(A) update an existing election website to make it fully accessible in accordance with this section; or

“(B) develop an election website that is fully accessible in accordance with this section.

“(2) In-house training—Under such partnership, the outside technical organization shall also be required to provide training to in-house personnel of the State or units of local government to maintain and update election websites in an accessible manner.

“(c) State plan

“(1) Development—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.

“(2) Committee membership—The committee shall comprise at least the following individuals:

“(A) The chief election officials of the four most populous jurisdictions within the State.

“(B) The chief election officials of the four least populous jurisdictions within the State.

“(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability.

“(D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual.

“(E) Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites.

“(F) Representatives from two independent non-governmental voting rights organizations.

“(G) 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).

“(d) Partnership To monitor and verify accessibility—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:

“(1) 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)).

“(2) 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.).

“(3) 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).

“(4) 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).

“(5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 796d).

“(6) State Assistive Technology Act Programs.

“(7) A visual access advocacy organization.

“(8) An organization for the deaf.

“(9) A mental health organization.

“(e) Definitions—In this subtitle:

“(1) Accessible—The term accessible means—

“(A) in the case of the election website under subsection (a) or section 225, or an electronic communication under section 307—

“(i) 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;

“(ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and

“(iii) 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

“(B) 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).

“(2) Individual with a disability—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.

“(3) Older individual—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.

“(4) State—The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

“(f) Effective date—This section shall apply on or after January 1, 2021.”

(b)

Clerical amendments— The table of contents of such Act is amended—

(1)

by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and

(2)

by inserting after the item relating to section 303 the following new item:

202. Designation of single State office

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by section 201, is amended—

(1)

by redesignating sections 305 and 306 as sections 306 and 307; and

(2)

by inserting after section 304 the following:

“305. Designation of single State office to provide information for all individuals with disabilities and older individuals in the State

“(a) In general—Each State shall designate a single office which shall be responsible for providing information with respect to Federal elections to all individuals with disabilities or older individuals.

“(b) Responsibilities—Such office shall be responsible for the following:

“(1) Maintaining the accessible State election website as described in section 304.

“(2) Providing information regarding voter registration, absentee ballots, and in-person voting procedures to be used by individuals with disabilities and older individuals with respect to elections for Federal office.

“(3) Regularly auditing polling places to ensure they are accessible, as defined in section 304, and publicly posting the results of such audits no later than 6 months after the completion of the audit.

“(4) Providing information to State and local election officials on how to set up and operate accessible voting systems and information regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices.

“(5) Working with—

“(A) community members with disabilities and disability advocacy groups year round; and

“(B) older individuals and advocacy groups for older individuals year round.

“(6) Integrating information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials.

“(7) Training poll workers on how to make polling places accessible for individuals with disabilities and older individuals.

“(8) Promoting the hiring of individuals with disabilities and older individuals as poll workers and election staff.

“(c) Effective date—This section shall apply on or after January 1, 2021.”

(b)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 304, as added by section 201(b), the following:

203. Transparency regarding changes

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201 and 202, is amended—

(1)

by redesignating sections 306 and 307 as sections 307 and 308; and

(2)

by inserting after section 305 the following:

“306. Transparency regarding changes

“(a) Notice of enacted changes

“(1) In general—If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of the date that is 180 days before the election, the State or political subdivision must provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, containing a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect.

“(2) Format—The public notice described in paragraph (1) shall be provided in a format that is convenient and accessible to individuals with disabilities and older individuals.

“(3) Accessible email and mail notices

“(A) In general—A State or political subdivision shall send out an accessible electronic mail or mail notice to any voter who request to be notified of any changes described in paragraph (1).

“(B) Establishment of process—A State or political subdivision shall establish a process under which a voter may request to be notified of any such changes.

“(4) Deadline for notice—A State or political subdivision shall provide the public notice required under paragraph (1) not later than 7 days after making the change involved.

“(b) Transparency regarding polling place resources

“(1) In general—In order to identify any changes that may impact the right to vote of any individual, prior to the 30th day before the date of an election, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision.

“(2) Information described—The information described in this paragraph with respect to a precinct or polling place is each of the following:

“(A) The name or number of the precinct or polling place.

“(B) In the case of a polling place, the location, including the street address, and confirmation that the polling place is accessible to individuals with disabilities and older individuals.

“(C) The number of voting machines assigned, including the number of voting machines accessible to individuals with disabilities and older individuals and the number of poll workers who have received training on how to set up and operate the accessible voting systems.

“(D) The total number of poll workers officially assigned to the polling place, including the number of such poll workers who have received training to assist individuals with disabilities and older individuals.

“(E) The number of official volunteer poll workers assigned who have received training to assist individuals with disabilities and older individuals.

“(F) In the case of a polling place, the dates and hours of operation.

“(3) Updates in information reported—If a State or political subdivision makes any change in any of the information described in paragraph (2) with respect to which a notice is provided pursuant to paragraph (1), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs.

“(4) Format—The public notice described in paragraph (1) or (3) shall be provided in a format that is reasonably convenient and accessible to individuals with disabilities and older individuals.

“(5) Accessible email and mail notices

“(A) In general—A State or political subdivision shall send out an accessible electronic mail and mail notice to any voter who requests to be notified of any changes described in paragraph (1) and to the 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)).

“(B) Establishment of process—A State or political subdivision shall establish a process under which a voter may request to be notified of any such changes.

“(c) Effective date—This section shall apply with respect to elections for Federal office held on or after January 1, 2021.”

(b)

Clerical amendments— The table of contents of such Act is amended by inserting after the item relating to section 305, as added by section 202(b), the following:

204. Access to absentee registration procedures and no-excuse absentee voting for all voters

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201, 202, and 203, is amended—

(1)

by redesignating sections 307 and 308 as sections 308 and 309; and

(2)

by inserting after section 306 the following:

“307. Access to absentee registration procedures and no-excuse absentee voting for all voters

“(a) In general—Notwithstanding section 6(c) and subparagraph (B) or (D) of section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20505(c); 20507(a)(1)), each State shall—

“(1) permit any eligible voter to use absentee registration procedures and to vote by absentee ballot in elections for Federal office;

“(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from any eligible voter if the application is received by the appropriate State election official not less than 7 days before the election;

“(3) in addition to any other method of registering to vote in the State, establish procedures—

“(A) for States to send voter registration applications to eligible voters in accordance with the eligible voter's preferred method of transmission as designated under subparagraph (B);

“(B) by which an eligible voter may designate whether the eligible voter prefers that such voter registration applications be transmitted by mail or electronically; and

“(C) to allow eligible voters to electronically submit the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(a)(2));

“(4) in addition to any other method of applying for an absentee ballot in the State, establish procedures—

“(A) for States to send absentee ballot applications to eligible voters in accordance with the eligible voter’s preferred method of transmission as designated under subparagraph (B); and

“(B) by which an eligible voter may designate whether the eligible voter prefers that such absentee ballot registration be transmitted by mail or electronically;

“(5) establish procedures to allow eligible voters to establish a permanent absentee voter status until the voter submits an application to terminate their permanent absentee voter status;

“(6) transmit a validly requested absentee ballot to any eligible voter—

“(A) in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and

“(B) in the case in which the request is received less than 45 days before an election for Federal office—

“(i) in accordance with State law; and

“(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and

“(7) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan which provides that absentee ballots are made available to eligible voters in a manner that gives them sufficient time to vote in the runoff election.

“(b) Designation of Means of Electronic Communication for eligible voters To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information

“(1) In general—Each State shall, in addition to the designation of a single State office under section 305, designate not less than 1 means of electronic communication—

“(A) for use by eligible voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under paragraphs (3) and (4), respectively, of subsection (a);

“(B) for use by States to send voter registration applications and absentee ballot applications requested under such paragraphs;

“(C) for the purpose of providing related voting, balloting, and election information to eligible voters; and

“(D) that meets the accessibility requirement as described in subsection (d).

“(2) Clarification regarding provision of multiple means of electronic communication—A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to eligible voters, including a means of electronic communication for the appropriate jurisdiction of the State.

“(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials—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 eligible voters.

“(4) Transmission if no preference indicated—In the case where an eligible voter does not designate a preference under paragraph (3)(B) or (4)(B), respectively, of subsection (a), 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.

“(5) Coordination with States—The Election Assistance Commission shall work with States to ensure the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(a)(2)) is accessible as defined in section 304 and capable of being submitted electronically to State election offices by individuals.

“(c) Transmission and marking of blank absentee ballots by mail and electronically

“(1) In general—Each State shall establish procedures—

“(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the eligible voter under subparagraph (B)) to eligible voters for an election for Federal office; and

“(B) by which the eligible voter may designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically.

“(2) Transmission if no preference indicated—In the case where an eligible voter 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.

“(3) Marking of blank absentee ballots—Each State shall establish procedures to allow voters to securely mark blank absentee ballots through assistive technology for an election for Federal office.

“(4) Application of methods to track delivery to and return of ballot by individual requesting ballot

“(A) In general—Subject to subparagraph (B), under the procedures established under paragraph (1), the State may apply such methods as the State considers appropriate which are in accordance with paragraph (1), such as assigning a unique identifier to the ballot, to ensure that if an eligible voter 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.

“(B) Limitation—In carrying out this paragraph, a State may not adopt a method of tracking absentee ballots which would violate the right of an individual to a private ballot. If a unique identifier is assigned to an absentee ballot, the State must adopt procedures to ensure the identity of the individual remains secret.

“(d) Accessibility requirement for electronic communications—Any electronic communication under this section, including any application, ballot, or instructional material sent electronically, shall be accessible as defined in section 304.

“(e) Rule of construction—Nothing in this section may be construed to allow the casting of ballots over the internet.

“(f) Effective date—This section shall apply with respect to elections for Federal office held on or after January 1, 2021.”

(b)

Conforming amendments—

(1)

Technical amendment— Section 906(a) of the Help America Vote Act of 2002 (52 U.S.C. 21145(a)) is amended, in the matter preceding paragraph (1), by striking “section 303(b)” and inserting “sections 303(b) and 307(a)”.

(2)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 306, as added by section 203(b), the following:

205. Protections for in-person voting for individuals with disabilities and older individuals

(a)

Requirement—

(1)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, and 204, is amended—

(A)

by redesignating sections 308 and 309 as sections 309 and 310; and

(B)

by inserting after section 307 the following:

“308. Access to voting for individuals with disabilities and older individuals

“(a) In general—Each State shall—

“(1) ensure all polling places within the State are accessible, as defined in section 304;

“(2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and

“(3) consider options to establish “mobile polling sites” to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities.

“(b) Clarification—Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals.

“(c) Effective date—This section shall apply with respect to elections for Federal office held on or after January 1, 2021.”

(2)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 307, as added by section 204(b), the following:

(b)

Revisions to Voting Accessibility for the Elderly and Handicapped Act—

(1)

Reports to Election Assistance Commission— Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(c)) is amended—

(A)

in the subsection heading, by striking “Federal Election Commission” and inserting “Election Assistance Commission”;

(B)

in each of paragraphs (1) and (2), by striking “Federal Election Commission” and inserting “Election Assistance Commission”; and

(C)

by striking paragraph (3).

(2)

Conforming amendments relating to references— The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), as amended by paragraph (1), is amended—

(A)

by striking “handicapped and elderly individuals” each place it appears and inserting “individuals with disabilities and older individuals”;

(B)

by striking “handicapped and elderly voters” each place it appears and inserting “individuals with disabilities and older individuals”;

(C)

in section 3(b)(2)(B), by striking “handicapped or elderly voter” and inserting “individual with a disability or older individual”;

(D)

in section 5(b), by striking “handicapped voter” and inserting “individual with a disability”; and

(E)

in section 8—

(i)

by striking paragraphs (1) and (2) and inserting the following:

“(1) accessible has the meaning given that term in section 304 of the Help America Vote Act of 2002, as added by section 101(a) of the Accessible Voting Act of 2020;

“(2) older individual has the meaning given that term in such section 304;”

(ii)

by striking paragraph (4), and inserting the following:

“(4) individual with a disability has the meaning given that term in such section 304; and”

(3)

Short title amendment—

(A)

In general— Section 1 of the “Voting Accessibility for the Elderly and Handicapped Act” (Public Law 98–435; 42 U.S.C. 1973ee note) is amended by striking “for the Elderly and Handicapped” and inserting “for Individuals with Disabilities and Older Individuals”.

(B)

References— Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the “Voting Accessibility for the Elderly and Handicapped Act” shall be deemed to be a reference to the “Voting Accessibility for Individuals with Disabilities and Older Individuals Act”.

(4)

Effective date— The amendments made by this subsection shall take effect on January 1, 2021, and apply to with respect to elections for Federal office held on or after that date.

206. Protections for individuals subject to guardianship

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, 204, and 205, is amended—

(1)

by redesignating sections 309 and 310 as sections 310 and 310A; and

(2)

by inserting after section 308 the following:

“309. Protections for individuals subject to guardianship

“(a) In general—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.

“(b) Effective date—This section shall apply with respect to elections for Federal office held on or after January 1, 2021.”

(b)

Clerical amendments— The table of contents of such Act is amended by inserting after the item relating to section 308, as added by section 205(a)(2), the following:

207. Payments to States for implementation of accessibility requirements

(a)

In general— Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001) is amended by adding at the end the following new part:

“7 Payments to States for implementation of accessibility requirements

“297. Payments to States for implementation of accessibility requirements

“(a) Payments

“(1) In general—The Director of the Office of Accessibility (hereinafter in this section referred to as the “Director”) shall make payments to each eligible State (as described in subsection (c)) in an amount determined under paragraph (2) for each applicable period (as defined in paragraph (3)) beginning on or after October 1, 2020.

“(2) Allocation of funds

“(A) In general—Subject to subparagraph (C), the amount of a payment made to a State for an applicable period shall be equal to the product of—

“(i) the total amount appropriated for requirements payments for the applicable period pursuant to the authorization under subsection (g); and

“(ii) the State allocation percentage for the State (as determined under subparagraph (B)).

“(B) State allocation percentage defined—The “State allocation percentage” for a State is the amount (expressed as a percentage) equal to the quotient of—

“(i) the voting age population of the State (as reported in the most recent decennial census); and

“(ii) the total voting age population of all States (as reported in the most recent decennial census).

“(C) Minimum payment—The amount of any payment made to an eligible State under this section shall not be less than $1,000,000.

“(D) Pro rata reductions—The Director shall make such pro rata reductions to the allocations determined under subparagraph (A) as are necessary to comply with the requirements of subparagraph (C).

“(E) Continuing availability of funds after appropriation—A payment made to a State under this section shall be available to the State without fiscal year limitation.

“(3) Applicable period defined—The applicable period, with respect to a payment under this section, is a period of 2 fiscal years.

“(4) Distribution of funds to units of local government—At least 10 percent of funds allocated to a State under this section shall be distributed to units of local government to develop or upgrade accessible election websites and to share information with the statewide accessible election website as described in section 304.

“(b) Use of funds

“(1) In general—An eligible State shall use a payment under this section to meet the requirements of sections 304 through 309.

“(2) Prohibition on use of funds for separate accessible election websites—Funds under this section may not be used to establish accessible election websites for individuals with disabilities and older individuals under section 304 that are separate from the election websites for the general population. Funds must be used to make existing election websites accessible, or to develop accessible election websites where one does not already exist.

“(c) Requirements for eligibility

“(1) In general—Each State that desires to receive a payment under this section for an applicable period shall submit an application for such payment to the Director at such time and in such manner and containing such information as the Director shall require.

“(2) Contents of application—Each application submitted under paragraph (1) shall include—

“(A) with respect to the requirements under section 304 (relating to accessible election websites)—

“(i) a description of the State plan as developed by the committee of appropriate individuals under subsection (c) of such section;

“(ii) an assurance that the State will work with State and local disability and aging advocates to ensure the election website is accessible to individuals with disabilities and older individuals;

“(iii) a description of how the State will ensure the election website maintains accessibility;

“(iv) a description of how the State will ensure information on the election website is accessible to local election officials; and

“(v) identification of each organization the State is partnering with pursuant to subsection (d) of such section in order to monitor and verify the accessibility of the State election website, including the written support of each such organization;

“(B) with respect to the requirements under sections 305 through 309, a description of how the State will meet such requirements; and

“(C) such other information as the Director determines appropriate to ensure compliance with the requirements of such sections 304 through 309.

“(d) Reports

“(1) Reports by recipients

“(A) In general—Not later than the 6 months after the end of each applicable period for which an eligible State received a payment under this section, the State shall submit a report to the Director on the activities conducted using such payments during the applicable period, and shall include in the report a list of expenditures during such applicable period.

“(B) Inclusion—Each report submitted under subparagraph (A) shall include the number and description of complaints and grievances by individuals alleging their ability to register to vote or vote was unfairly blocked or delayed.

“(2) Report by Director to committees—With respect to each applicable period for which the Director makes payments under this section, the Director shall submit a report on the activities carried out under this section to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration and the Special Committee on Aging of the Senate.

“(e) Standards and guidelines—The Director shall establish standards and guidelines for approved activities supported by payments under this section. Such standards and guidelines shall permit eligible States receiving such a payment to refine or adapt the standards and guidelines for an individual project, where such a refinement or adaptation is made necessary by a local circumstance.

“(f) Definitions—In this section, the terms accessible, individual with a disability, older individual, and State have the meaning given those terms in section 304.

“(g) Authorization of appropriations

“(1) In general—There are authorized to be appropriated to carry out the provisions of this section—

“(A) $100,000,000 for fiscal years 2021 and 2022;

“(B) $100,000,000 for fiscal years 2023 and 2024; and

“(C) $100,000,000 for fiscal years 2025 and 2026.

“(2) Continuing availability of funds after appropriation—A payment made to an eligible State under this section shall be available to the State without fiscal year limitation, but shall only be used for the purposes of this section.

“(h) Relationship to requirements payments—Any payment to a State under this section shall be in addition to any requirements payment under section 251 and shall not be taken into account in determining the amount of such payment under section 252.”

(b)

Clerical amendments— The table of contents of such Act is amended by inserting after the item relating to section 296 the following new item:

208. Technical and conforming amendments relating to issuance of voluntary guidance and enforcement

(a)

Issuance of voluntary guidance by election assistance commission— Section 311 of the Help America Vote Act of 2002 (52 U.S.C. 21101) is amended—

(1)

in subsection (a), by striking “subtitle A” and inserting “subtitles A and B”; and

(2)

in subsection (b)—

(A)

by striking “and” at the end of paragraph (2);

(B)

by striking the period at the end of paragraph (3) and inserting “; and”; and

(C)

by adding at the end the following new paragraph:

“(4) in the case of the recommendations with respect to sections 304 through 309, January 1, 2021.”

(3)

by adding at the end the following new subsection:

“(d) Coordination with Office of Accessibility—The Commission shall coordinate with the Election Assistance Commission Office of Accessibility established under section 223 in adopting recommendations with respect to sections 304 through 309.”

(b)

Enforcement— Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, and 303” and inserting “subtitle A of title III”.