Title II — Access to Voting for Individuals With Disabilities

“305. Access to voter registration and voting for individuals with disabilities

“(a) Treatment of applications and ballots—Each State shall—

“(1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 306);

“(2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office;

“(3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law;

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

“(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c);

“(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); and

“(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically;

“(5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d);

“(6) transmit a validly requested absentee ballot to an individual with a disability—

“(A) except as provided in subsection (e), 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 that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election.

“(b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State

“(1) In general—Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State.

“(2) Responsibilities—Each State shall, through the office designated in paragraph (1)—

“(A) provide information to election officials—

“(i) on how to set up and operate accessible voting systems; and

“(ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices;

“(B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials;

“(C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals;

“(D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and

“(E) publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit.

“(c) Designation of means of electronic communication for individuals with disabilities 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 subsection (b), designate not less than 1 means of accessible electronic communication—

“(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4);

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

“(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities.

“(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 individuals with disabilities, 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 individuals with disabilities.

“(4) Transmission if no preference indicated—In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), 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.

“(d) Transmission 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 individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and

“(B) by which the individual with a disability can 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 individual with a disability 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) Application of methods to track delivery to and return of ballot by individual requesting ballot—Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability 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.

“(e) Hardship Exemption

“(1) In general—If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(6)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include—

“(A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office;

“(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection;

“(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and

“(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes—

“(i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election;

“(ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and

“(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.

“(2) Approval of waiver request—The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met:

“(A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office.

“(B) One or more of the following issues creates an undue hardship for the State:

“(i) The State's primary election date prohibits the State from complying with subsection (a)(6)(A).

“(ii) The State has suffered a delay in generating ballots due to a legal contest.

“(iii) The State Constitution prohibits the State from complying with such subsection.

“(3) Timing of waiver

“(A) In general—Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election.

“(B) Exception—If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received.

“(4) Application of waiver—A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election.

“(f) Rule of construction—Nothing in this section may be construed to allow a voter's ballot selections to be transmitted over the internet or to allow for the electronic submission of a marked ballot.

“(g) Individual with a disability defined—In this section, an “individual with a disability” means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office.

“(h) Effective date—This section shall apply with respect to elections for Federal office held on or after January 1, 2025.”

“306. Establishment and maintenance of accessible election websites

“(a) In general—Each State shall establish a single election website that is accessible and meets 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—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—

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

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

“(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—For purposes of this section, section 305, and section 307:

“(1) Accessible—The term accessible means—

“(A) in the case of the election website under subsection (a) or an electronic communication under section 305—

“(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, 2025.”

“308. 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, 2025.”

“(c) Return and transfer of certain funds

“(1) Deadline for obligation and expenditure—In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2025 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission.

“(2) Reallocation of transferred amounts

“(A) In general—The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt.

“(B) Covered payment recipients described—In subparagraph (A), a “covered payment recipient” is a State or unit of local government with respect to which—

“(i) amounts were appropriated pursuant to the authority of subsection (a); and

“(ii) no amounts were transferred to the Commission under paragraph (1).”

“(17) Two members appointed by the National Council on Disability.

“(18) Two members appointed by the Assistant Secretary of Health and Human Services for Aging.

“(19) Four members from organizations, whose executive leadership team consists of fifty-one percent of individuals with disabilities, representing the interests of voters with disabilities, of whom—

“(A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and

“(B) two members shall be appointed by the Committee on Health, Education, Labor, and Pensions of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member.

“(20) Four members from organizations representing the interests of older voters, of whom—

“(A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and

“(B) two members shall be appointed by the Special Committee on Aging of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member.”