I 
117TH CONGRESS 
1ST SESSION 
H. R. 775 
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 
FEBRUARY 3, 2021 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disability Voting 
Rights Act’’. 
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SEC. 2. REQUIREMENTS FOR STATES TO PROMOTE ACCESS 
TO VOTER REGISTRATION AND VOTING FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 
is amended— 
(1) by redesignating sections 304 and 305 as 
sections 305 and 306, respectively; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. ACCESS TO VOTER REGISTRATION AND VOTING 
FOR INDIVIDUALS WITH DISABILITIES. 
‘‘(a) TREATMENT
OF
APPLICATIONS
AND
BAL-
LOTS.—Each State shall— 
‘‘(1) permit individuals with disabilities to use 
absentee registration procedures and to vote by ab-
sentee 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 applica-
tion from an individual with a disability if the appli-
cation is received by the appropriate State election 
official within the deadline for the election which is 
applicable under Federal law; 
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‘‘(3) in addition to any other method of reg-
istering to vote or applying for an absentee ballot in 
the State, establish procedures— 
‘‘(A) for individuals with disabilities to re-
quest by mail and electronically voter registra-
tion applications and absentee ballot applica-
tions with respect to elections for Federal office 
in accordance with subsection (c); 
‘‘(B) for States to send by mail and elec-
tronically (in accordance with the preferred 
method of transmission designated by the indi-
vidual under subparagraph (C)) voter registra-
tion applications and absentee ballot applica-
tions requested under subparagraph (A) in ac-
cordance with subsection (c)); and 
‘‘(C) by which such an individual can des-
ignate whether the individual prefers that such 
voter registration application or absentee ballot 
application be transmitted by mail or electroni-
cally; 
‘‘(4) in addition to any other method of trans-
mitting blank absentee ballots in the State, establish 
procedures for transmitting by mail and electroni-
cally blank absentee ballots to individuals with dis-
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abilities with respect to elections for Federal office 
in accordance with subsection (d); 
‘‘(5) transmit a validly requested absentee bal-
lot 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 of-
fice, not later than 45 days before the election; 
and 
‘‘(B) in the case in which the request is re-
ceived 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 absen-
tee ballot; and 
‘‘(6) if the State declares or otherwise holds a 
runoff election for Federal office, establish a written 
plan that provides absentee ballots are made avail-
able to individuals with disabilities in a manner that 
gives them sufficient time to vote in the runoff elec-
tion. 
‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO 
PROVIDE INFORMATION ON REGISTRATION AND ABSEN-
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TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS 
IN STATE.—Each State shall designate a single office 
which shall be responsible for providing information re-
garding voter registration procedures and absentee ballot 
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. 
‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM-
MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO 
REQUEST AND FOR STATES TO SEND VOTER REGISTRA-
TION APPLICATIONS AND ABSENTEE BALLOT APPLICA-
TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING 
INFORMATION.— 
‘‘(1) IN GENERAL.—Each State shall, in addi-
tion to the designation of a single State office under 
subsection (b), designate not less than 1 means of 
electronic communication— 
‘‘(A) for use by individuals with disabilities 
who wish to register to vote or vote in any ju-
risdiction in the State to request voter registra-
tion applications and absentee ballot applica-
tions under subsection (a)(3); 
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‘‘(B) for use by States to send voter reg-
istration applications and absentee ballot appli-
cations requested under such subsection; and 
‘‘(C) for the purpose of providing related 
voting, balloting, and election information to in-
dividuals with disabilities. 
‘‘(2) CLARIFICATION REGARDING PROVISION OF 
MULTIPLE
MEANS
OF
ELECTRONIC
COMMUNICA-
TION.—A State may, in addition to the means of 
electronic communication so designated, provide 
multiple means of electronic communication to indi-
viduals with disabilities, including a means of elec-
tronic communication for the appropriate jurisdic-
tion of the State. 
‘‘(3) INCLUSION
OF
DESIGNATED
MEANS
OF 
ELECTRONIC
COMMUNICATION
WITH
INFORMA-
TIONAL AND INSTRUCTIONAL MATERIALS THAT AC-
COMPANY BALLOTING MATERIALS.—Each State shall 
include a means of electronic communication so des-
ignated with all informational and instructional ma-
terials that accompany balloting materials sent by 
the State to individuals with disabilities. 
‘‘(4) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under sub-
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section (a)(3)(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 des-
ignated by the individual with a disability under 
subparagraph (B)) to individuals with disabil-
ities for an election for Federal office; and 
‘‘(B) by which the individual with a dis-
ability can designate whether the individual pre-
fers that such blank absentee ballot be trans-
mitted by mail or electronically. 
‘‘(2) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under para-
graph (1)(B), the State shall transmit the ballot by 
any delivery method allowable in accordance with ap-
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plicable State law, or if there is no applicable State 
law, by mail. 
‘‘(3) APPLICATION OF METHODS TO TRACK DE-
LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL 
REQUESTING BALLOT.—Under the procedures estab-
lished 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 re-
quests 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)(5)(A) with re-
spect 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 At-
torney General grant a waiver to the State of the 
application of such subsection. Such request shall in-
clude— 
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‘‘(A) a recognition that the purpose of 
such subsection is to provide 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 accord-
ance with such subsection; 
‘‘(C) the number of days prior to the elec-
tion for Federal office that the State requires 
absentee ballots be transmitted to such individ-
uals; 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; 
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‘‘(ii) why the plan provides such indi-
viduals sufficient time to vote as a sub-
stitute for the requirements under such 
subsection; and 
‘‘(iii) the underlying factual informa-
tion 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 deter-
mines each of the following requirements are met: 
‘‘(A) The comprehensive plan under sub-
paragraph (D) of such paragraph provides indi-
viduals with disabilities sufficient time to re-
ceive absentee ballots they have requested and 
submit marked absentee ballots to the appro-
priate 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)(5)(A). 
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‘‘(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 sub-
section. 
‘‘(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 date of 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 the date of such elec-
tion. 
‘‘(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 Attor-
ney General the written waiver request as soon 
as practicable. The Attorney General shall ap-
prove or deny the waiver request not later than 
5 business days after the date on which the re-
quest is received. 
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