From: zippy%bklyn.bitnet@cunyvm.cuny.edu (Tzipporah Ben Avraham)
Newsgroups: misc.handicap
Subject: Voting access act for disabled. full text
Date: 9 Sep 92 16:40:38 GMT
Reply-To: zippy%bklyn.bitnet@cunyvm.cuny.edu (Tzipporah Ben Avraham)
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Index Number: 22409

[Forwarded by: Patt Bromberger <patth@tram.com>]

             PUBLIC LAW 98-435 - SEPT. 28, 1984

            VOTING ACCESSIBILITY FOR THE ELDERLY
                     AND HANDICAPPED ACT

98 STAT. 1678  PUBLIC LAW 98-435 - SEPT. 28, 1984

   Public Law 98-435
   98th Congress

                              An Act
Sept 28, 1984  To improve access for handicapped and elderly individuals
   HR1250      to registration facilities and polling places for Federal
               elections.

               Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled.

Voting
Accessibility for the
Elderly and
Handicapped
Act.
42 USC 1973ee

Section 1. This act may be cited as the "Voting Accessibility for
          the Elderly and Handicapped Act".

                         PURPOSE
42 USC 1973ee.

Section 2. It is the intention of Congress in enacting this
Act to promote the fundamental right to vote by improving access
for handicapped and elderly individuals to registration facilities
and polling places for Federal elections.

               SELECTION OF POLLING FACILITIES

42 USC         Section 3. (a) Within each State, except as provided
in subsection (b), each political subdivision responsible for
conducting elections shall assure that all polling places for
Federal elections are accessible to handicapped and elderly voters.
   (b) Subsection (a) shall not apply to a polling place-
          (1) in the case of an emergency, as determined by the chief
election officer of the State; or
          (2) if the chief election officer of the State-
               (A) determines that all potential polling places have
been surveyed and no such accessible place is available, nor is
the political subdivision able to make one temporarily accessible,
in the area involved; and
               (B) assures that any handicapped or elderly voter
assigned to an inaccessible polling place, upon advance request
of such voter (pursuant to procedures established by the chief
election officer of the State)-
              (i) will be assigned to an accessible polling place, or
             (ii) will be provided with an alternate means for casting a
ballot on the day of the election.

Report.
         (c) (1) Not later than December 31 of each even-
numbered year, the chief election officer of each State shall report
to the Federal Election Commission, in a manner to be determined by
the Commission, the number of accessible and inaccessible polling
places in such State on the date of the preceding general Federal
election, and the reasons for any instance of inaccessibility.
          (2) Not later than April 30 of each odd-numbered year,
the Federal Election commission shall compile the information
reported under paragraph (1) and shall transmit that information
to the Congress.

Effective date
           (3) The provisions of this subsection shall only be
effective for a period of 10 years beginning on the date of
enactment of this Act.

            SELECTION OF REGISTRATION FACILITIES

42 USC 1973ee-2
Section 4 (a) Each State or political subdivision responsible for
registration for Federal elections shall provide a reasonable number
of accessible permanent registration facilities.
   (b) Subsection (a) does not apply to any State that has in effect
a system that provides an opportunity for each potential voter to
register by mail or at the residence of the voter.

                REGISTRATION AND VOTING AIDS

42 USC 1973ee-3
Section 5(a)
Each State shall make available registration and voting aids for
Federal elections for handicapped and elderly individuals,
including-
          (1) instructions, printed in large type, conspicuously
displayed at each permanent registration facility and each polling
place and
          (2) information by telecommunications devices for the deaf.

Absentee ballot
         (b) No notarization or medical certification shall
be required of a handicapped voter with respect to an absentee ballot
or an application for such ballot, except that medical certification
may be required when the certification establishes eligibility, under
State law-
          (1) to automatically receive an application or a ballot on
a continuing basis; or
          (2) to apply for an absentee ballot after the deadline has
passed.

Public information  (c) The chief election officer of each State
shall provide public notice, calculated to reach elderly and
handicapped voters, of the availability of aids under this section,
assistance under section 208 of the Voting Rights Act of
1965 (42USC 1973aa-6), and the procedures for voting by absentee
ballot, not later than general public notice of registration and
voting is provided.

                      ENFORCEMENT
42 USC 1973ee-4
Section 6 (a) If a State or political subdivision does not comply
with this Act, the United States Attorney General or person who
is personally aggrieved by the noncompliance  may bring an action
for declaratory or injunctive relief in the appropriate district
court.
   (b) An action may be brought under this section only if the
plaintiff notifies the chief election officer of the State of the
noncompliance and a period of 45 days has elapsed since the date
of notification.
   (c) Notwithstanding any other provisions of law, no award of
attorney fees may be made with respect to an action under this
section, except, in any action brought to enforce the original
judgement of the court.

          RELATIONSHIP TO VOTING RIGHTS ACT OF 1965

42 USC 1973ee-5
Section 7. This Act shall not be construed to impair any right
guaranteed by the Voting Rights Act of 1965 (42 USC 1973 et seq.).

                        DEFINITIONS

42 USC 1973ee-6
                Section 8. As used in this Act, the term-
98 STAT 1680

   (1) "accessible" means accessible to handicapped and elderly
individuals for the purpose of voting or registration, as determined
under guidelines established by the chief election officer of the
State involved;
   (2) "elderly" means 64 years of age or older,
   (3) "Federal election" means a general, special, primary, or runoff
election for the office of President or Vice President, or of Senator
or Representative in, or Delegate or Resident Commissioner to,
the Congress;
   (4) "handicapped" means having a temporary or permanent physical
disability, and
   (5) "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.

                       EFFECTIVE DATE

42 USC 1973ee
Section 9. This Act shall apply with respect to elections taking
place after  December 31, 1985

note         Approved September 28, 1984.

_____________________________

LEGISLATIVE HISTORY - HR 1250:
HOUSE REPORT. No. 98-852 (Comm. on House Administration).
SENATE REPORT No. 98-590 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 130 (1984):
   June 25, considered and passed House
   August 10, considered and passed Senate, amended.
   September 12, House concurred in Senate amendments.