Disability Voting Rights Act
Bill: H.R.775 | Sponsor: Rep. Scanlon, Mary Gay (D-PA)
Policy area: Government Operations and Politics

Summary:
Disability Voting Rights Act
This bill requires each state to allow individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in federal elections.
The bill requires each state to
Further, each state must transmit a validly requested absentee ballot to an individual with a disability within 45 days of an election. However, the bill establishes a procedure for a state to apply to the Department of Justice for a waiver of this requirement.
The bill also permanently reauthorizes and expands a program under which the Department of Health and Human Services makes payments to eligible states and units of local government to assure voting access for individuals with disabilities.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disability Voting Rights Act''.

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 Ballots.--Each State shall--
            ``(1) permit individuals with disabilities 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 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;
            ``(3) 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;
            ``(4) 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);
            ``(5) 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
            ``(6) 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 All Disabled Voters in 
State.--Each State shall designate a single office which shall be 
responsible for providing information regarding 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 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 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)(3);
                    ``(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)(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 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)(5)(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 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 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)(5)(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 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 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 the marking or casting of ballots over the internet.
    ``(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, 2022.''.
    (b) Conforming Amendment Relating to Issuance of Voluntary Guidance 
by Election Assistance Commission.--Section 311(b) of such Act (52 
U.S.C. 21101(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 304, January 1, 2022.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act of (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (d) 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:

``Sec. 304. Access to voter registration and voting for individuals 
                            with disabilities.''.

SEC. 3. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING 
              ACCESS FOR INDIVIDUALS WITH DISABILITIES.

    (a) Purposes of Payments.--Section 261(b) of the Help America Vote 
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) 
and (2) and inserting the following:
            ``(1) making absentee voting and voting at home accessible 
        to individuals with the full range of disabilities (including 
        impairments involving vision, hearing, mobility, or dexterity) 
        through the implementation of accessible absentee voting 
        systems that work in conjunction with assistive technologies 
        for which individuals have access at their homes, independent 
        living centers, or other facilities;
            ``(2) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the 
        blind and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            ``(3) providing solutions to problems of access to voting 
        and elections for individuals with disabilities that are 
        universally designed and provide the same opportunities for 
        individuals with and without disabilities.''.
    (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 
21024(a)) is amended by adding at the end the following new paragraph:
            ``(4) For fiscal year 2022 and each succeeding fiscal year, 
        such sums as may be necessary to carry out this part.''.
    (c) Period of Availability of Funds.--Section 264 of such Act (52 
U.S.C. 21024) is amended--
            (1) in subsection (b), by striking ``Any amounts'' and 
        inserting ``Except as provided in subsection (c), any 
        amounts''; and
            (2) by adding at the end the following new subsection:
    ``(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 2022 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).''.
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