I 

118TH CONGRESS 

2D SESSION H. R. 10149 

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 

NOVEMBER 15, 2024 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disability Voting 

5 Rights Act’’. 


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1 SEC. 2. REQUIREMENTS FOR STATES TO PROMOTE ACCESS 

2 TO VOTER REGISTRATION AND VOTING FOR 

3 INDIVIDUALS WITH DISABILITIES. 

4 (a) REQUIREMENTS.—Subtitle A of title III of the 

5 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 

6 is amended— 

7 (1) by redesignating sections 304 and 305 as 

8 sections 305 and 306, respectively; and 

9 (2) by inserting after section 303 the following 

10 new section: 

11 ‘‘SEC. 304. ACCESS TO VOTER REGISTRATION AND VOTING 

12 FOR INDIVIDUALS WITH DISABILITIES. 

13 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL14 LOTS.—Each State shall— 

15 ‘‘(1) permit individuals with disabilities to use 

16 absentee registration procedures and to vote by ab17 sentee ballot in elections for Federal office; 

18 ‘‘(2) accept and process, with respect to any 

19 election for Federal office, any otherwise valid voter 

20 registration application and absentee ballot applica21 tion from an individual with a disability if the appli22 cation is received by the appropriate State election 

23 official within the deadline for the election which is 

24 applicable under Federal law; 


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1 ‘‘(3) in addition to any other method of reg2 istering to vote or applying for an absentee ballot in 

3 the State, establish procedures— 

4 ‘‘(A) for individuals with disabilities to re5 quest by mail and electronically voter registra6 tion applications and absentee ballot applica7 tions with respect to elections for Federal office 

8 in accordance with subsection (c); 

9 ‘‘(B) for States to send by mail and elec10 tronically (in accordance with the preferred 

11 method of transmission designated by the indi12 vidual under subparagraph (C)) voter registra13 tion applications and absentee ballot applica14 tions requested under subparagraph (A) in ac15 cordance with subsection (c)); and 

16 ‘‘(C) by which such an individual can des17 ignate whether the individual prefers that such 

18 voter registration application or absentee ballot 

19 application be transmitted by mail or electroni20 cally; 

21 ‘‘(4) in addition to any other method of trans22 mitting blank absentee ballots in the State, establish 

23 procedures for transmitting by mail and electroni24 cally blank absentee ballots to individuals with disVerDate Sep 11 2014 02:58 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10149.IH H10149

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1 abilities with respect to elections for Federal office 

2 in accordance with subsection (d); 

3 ‘‘(5) transmit a validly requested absentee bal4 lot to an individual with a disability— 

5 ‘‘(A) except as provided in subsection (e), 

6 in the case in which the request is received at 

7 least 45 days before an election for Federal of8 fice, not later than 45 days before the election; 

9 and 

10 ‘‘(B) in the case in which the request is re11 ceived less than 45 days before an election for 

12 Federal office— 

13 ‘‘(i) in accordance with State law; and 

14 ‘‘(ii) if practicable and as determined 

15 appropriate by the State, in a manner that 

16 expedites the transmission of such absen17 tee ballot; and 

18 ‘‘(6) if the State declares or otherwise holds a 

19 runoff election for Federal office, establish a written 

20 plan that provides absentee ballots are made avail21 able to individuals with disabilities in a manner that 

22 gives them sufficient time to vote in the runoff elec23 tion. 

24 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO

25 PROVIDE INFORMATION ON REGISTRATION AND ABSENVerDate Sep 11 2014 02:58 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H10149.IH H10149

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1 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS

2 IN STATE.—Each State shall designate a single office 

3 which shall be responsible for providing information re4 garding voter registration procedures and absentee ballot 

5 procedures to be used by individuals with disabilities with 

6 respect to elections for Federal office to all individuals 

7 with disabilities who wish to register to vote or vote in 

8 any jurisdiction in the State. 

9 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM10 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

11 REQUEST AND FOR STATES TO SEND VOTER REGISTRA12 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA13 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

14 INFORMATION.— 

15 ‘‘(1) IN GENERAL.—Each State shall, in addi16 tion to the designation of a single State office under 

17 subsection (b), designate not less than 1 means of 

18 electronic communication— 

19 ‘‘(A) for use by individuals with disabilities 

20 who wish to register to vote or vote in any ju21 risdiction in the State to request voter registra22 tion applications and absentee ballot applica23 tions under subsection (a)(3); 


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1 ‘‘(B) for use by States to send voter reg2 istration applications and absentee ballot appli3 cations requested under such subsection; and 

4 ‘‘(C) for the purpose of providing related 

5 voting, balloting, and election information to in6 dividuals with disabilities. 

7 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

8 MULTIPLE MEANS OF ELECTRONIC COMMUNICA9 TION.—A State may, in addition to the means of 

10 electronic communication so designated, provide 

11 multiple means of electronic communication to indi12 viduals with disabilities, including a means of elec13 tronic communication for the appropriate jurisdic14 tion of the State. 

15 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

16 ELECTRONIC COMMUNICATION WITH INFORMA17 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC18 COMPANY BALLOTING MATERIALS.—Each State shall 

19 include a means of electronic communication so des20 ignated with all informational and instructional ma21 terials that accompany balloting materials sent by 

22 the State to individuals with disabilities. 

23 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI24 CATED.—In the case where an individual with a dis25 ability does not designate a preference under subVerDate Sep 11 2014 02:58 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H10149.IH H10149

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1 section (a)(3)(C), the State shall transmit the voter 

2 registration application or absentee ballot application 

3 by any delivery method allowable in accordance with 

4 applicable State law, or if there is no applicable 

5 State law, by mail. 

6 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

7 BY MAIL AND ELECTRONICALLY.— 

8 ‘‘(1) IN GENERAL.—Each State shall establish 

9 procedures— 

10 ‘‘(A) to securely transmit blank absentee 

11 ballots by mail and electronically (in accordance 

12 with the preferred method of transmission des13 ignated by the individual with a disability under 

14 subparagraph (B)) to individuals with disabil15 ities for an election for Federal office; and 

16 ‘‘(B) by which the individual with a dis17 ability can designate whether the individual pre18 fers that such blank absentee ballot be trans19 mitted by mail or electronically. 

20 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI21 CATED.—In the case where an individual with a dis22 ability does not designate a preference under para23 graph (1)(B), the State shall transmit the ballot by 

24 any delivery method allowable in accordance with apVerDate Sep 11 2014 02:58 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H10149.IH H10149

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1 plicable State law, or if there is no applicable State 

2 law, by mail. 

3 ‘‘(3) APPLICATION OF METHODS TO TRACK DE4 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

5 REQUESTING BALLOT.—Under the procedures estab6 lished under paragraph (1), the State shall apply 

7 such methods as the State considers appropriate, 

8 such as assigning a unique identifier to the ballot, 

9 to ensure that if an individual with a disability re10 quests the State to transmit a blank absentee ballot 

11 to the individual in accordance with this subsection, 

12 the voted absentee ballot which is returned by the 

13 individual is the same blank absentee ballot which 

14 the State transmitted to the individual. 

15 ‘‘(e) HARDSHIP EXEMPTION.— 

16 ‘‘(1) IN GENERAL.—If the chief State election 

17 official determines that the State is unable to meet 

18 the requirement under subsection (a)(5)(A) with re19 spect to an election for Federal office due to an 

20 undue hardship described in paragraph (2)(B), the 

21 chief State election official shall request that the At22 torney General grant a waiver to the State of the 

23 application of such subsection. Such request shall in24 clude— 


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1 ‘‘(A) a recognition that the purpose of 

2 such subsection is to provide individuals with 

3 disabilities enough time to vote in an election 

4 for Federal office; 

5 ‘‘(B) an explanation of the hardship that 

6 indicates why the State is unable to transmit 

7 such individuals an absentee ballot in accord8 ance with such subsection; 

9 ‘‘(C) the number of days prior to the elec10 tion for Federal office that the State requires 

11 absentee ballots be transmitted to such individ12 uals; and 

13 ‘‘(D) a comprehensive plan to ensure that 

14 such individuals are able to receive absentee 

15 ballots which they have requested and submit 

16 marked absentee ballots to the appropriate 

17 State election official in time to have that ballot 

18 counted in the election for Federal office, which 

19 includes— 

20 ‘‘(i) the steps the State will undertake 

21 to ensure that such individuals have time 

22 to receive, mark, and submit their ballots 

23 in time to have those ballots counted in the 

24 election; 


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1 ‘‘(ii) why the plan provides such indi2 viduals sufficient time to vote as a sub3 stitute for the requirements under such 

4 subsection; and 

5 ‘‘(iii) the underlying factual informa6 tion which explains how the plan provides 

7 such sufficient time to vote as a substitute 

8 for such requirements. 

9 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

10 Attorney General shall approve a waiver request 

11 under paragraph (1) if the Attorney General deter12 mines each of the following requirements are met: 

13 ‘‘(A) The comprehensive plan under sub14 paragraph (D) of such paragraph provides indi15 viduals with disabilities sufficient time to re16 ceive absentee ballots they have requested and 

17 submit marked absentee ballots to the appro18 priate State election official in time to have that 

19 ballot counted in the election for Federal office. 

20 ‘‘(B) One or more of the following issues 

21 creates an undue hardship for the State: 

22 ‘‘(i) The State’s primary election date 

23 prohibits the State from complying with 

24 subsection (a)(5)(A). 


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1 ‘‘(ii) The State has suffered a delay in 

2 generating ballots due to a legal contest. 

3 ‘‘(iii) The State Constitution prohibits 

4 the State from complying with such sub5 section. 

6 ‘‘(3) TIMING OF WAIVER.— 

7 ‘‘(A) IN GENERAL.—Except as provided 

8 under subparagraph (B), a State that requests 

9 a waiver under paragraph (1) shall submit to 

10 the Attorney General the written waiver request 

11 not later than 90 days before the date of the 

12 election for Federal office with respect to which 

13 the request is submitted. The Attorney General 

14 shall approve or deny the waiver request not 

15 later than 65 days before the date of such elec16 tion. 

17 ‘‘(B) EXCEPTION.—If a State requests a 

18 waiver under paragraph (1) as the result of an 

19 undue hardship described in paragraph 

20 (2)(B)(ii), the State shall submit to the Attor21 ney General the written waiver request as soon 

22 as practicable. The Attorney General shall ap23 prove or deny the waiver request not later than 

24 5 business days after the date on which the re25 quest is received. 


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1 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap2 proved under paragraph (2) shall only apply with re3 spect to the election for Federal office for which the 

4 request was submitted. For each subsequent election 

5 for Federal office, the Attorney General shall only 

6 approve a waiver if the State has submitted a re7 quest under paragraph (1) with respect to such elec8 tion. 

9 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to allow the marking or casting of 

11 ballots over the internet. 

12 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 

13 In this section, an ‘individual with a disability’ means an 

14 individual with an impairment that substantially limits 

15 any major life activities and who is otherwise qualified to 

16 vote in elections for Federal office. 

17 ‘‘(h) EFFECTIVE DATE.—This section shall apply 

18 with respect to elections for Federal office held on or after 

19 January 1, 2025.’’. 

20 (b) CONFORMING AMENDMENT RELATING TO

21 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS22 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

23 U.S.C. 21101(b)) is amended— 

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (2); 


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1 (2) by striking the period at the end of para2 graph (3) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) in the case of the recommendations with 

6 respect to section 304, January 1, 2025.’’. 

7 (c) CONFORMING AMENDMENT RELATING TO EN8 FORCEMENT.—Section 401 of such Act of (52 U.S.C. 

9 21111) is amended by striking ‘‘and 303’’ and inserting 

10 ‘‘303, and 304’’. 

11 (d) CLERICAL AMENDMENTS.—The table of contents 

12 of such Act is amended— 

13 (1) by redesignating the items relating to sec14 tions 304 and 305 as relating to sections 305 and 

15 306, respectively; and 

16 (2) by inserting after the item relating to sec17 tion 303 the following new item: 

‘‘Sec. 304. Access to voter registration and voting for individuals with disabilities.’’. 

18 SEC. 3. EXPANSION AND REAUTHORIZATION OF GRANT 

19 PROGRAM TO ASSURE VOTING ACCESS FOR 

20 INDIVIDUALS WITH DISABILITIES. 

21 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

22 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

23 amended by striking paragraphs (1) and (2) and inserting 

24 the following: 


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1 ‘‘(1) making absentee voting and voting at 

2 home accessible to individuals with the full range of 

3 disabilities (including impairments involving vision, 

4 hearing, mobility, or dexterity) through the imple5 mentation of accessible absentee voting systems that 

6 work in conjunction with assistive technologies for 

7 which individuals have access at their homes, inde8 pendent living centers, or other facilities; 

9 ‘‘(2) making polling places, including the path 

10 of travel, entrances, exits, and voting areas of each 

11 polling facility, accessible to individuals with disabil12 ities, including the blind and visually impaired, in a 

13 manner that provides the same opportunity for ac14 cess and participation (including privacy and inde15 pendence) as for other voters; and 

16 ‘‘(3) providing solutions to problems of access 

17 to voting and elections for individuals with disabil18 ities that are universally designed and provide the 

19 same opportunities for individuals with and without 

20 disabilities.’’. 

21 (b) REAUTHORIZATION.—Section 264(a) of such Act 

22 (52 U.S.C. 21024(a)) is amended by adding at the end 

23 the following new paragraph: 


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1 ‘‘(4) For fiscal year 2025 and each succeeding 

2 fiscal year, such sums as may be necessary to carry 

3 out this part.’’. 

4 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

5 264 of such Act (52 U.S.C. 21024) is amended— 

6 (1) in subsection (b), by striking ‘‘Any 

7 amounts’’ and inserting ‘‘Except as provided in sub8 section (c), any amounts’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

12 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND13 ITURE.—In the case of any amounts appropriated 

14 pursuant to the authority of subsection (a) for a 

15 payment to a State or unit of local government for 

16 fiscal year 2025 or any succeeding fiscal year, any 

17 portion of such amounts which have not been obli18 gated or expended by the State or unit of local gov19 ernment prior to the expiration of the 4-year period 

20 which begins on the date the State or unit of local 

21 government first received the amounts shall be 

22 transferred to the Commission. 

23 ‘‘(2) REALLOCATION OF TRANSFERRED

24 AMOUNTS.— 


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1 ‘‘(A) IN GENERAL.—The Commission shall 

2 use the amounts transferred under paragraph 

3 (1) to make payments on a pro rata basis to 

4 each covered payment recipient described in 

5 subparagraph (B), which may obligate and ex6 pend such payment for the purposes described 

7 in section 261(b) during the 1-year period 

8 which begins on the date of receipt. 

9 ‘‘(B) COVERED PAYMENT RECIPIENTS DE10 SCRIBED.—In subparagraph (A), a ‘covered 

11 payment recipient’ is a State or unit of local 

12 government with respect to which— 

13 ‘‘(i) amounts were appropriated pur14 suant to the authority of subsection (a); 

15 and 

16 ‘‘(ii) no amounts were transferred to 

17 the Commission under paragraph (1).’’. 

Æ 


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