An act to improve access for handicapped and elderly individuals to registration facilities and polling places for Federal elections.
PL 98-435 (H.R.1250), enacted 09/28/1984

98 STAT. 1678 
PUBLIC LAW 98-435—SEPT. 28, 1984 
Public Law 98-435 
98th Congress 
Sept. 28, 1984 
[H.R. 1250] 
Voting 
Accessibility for 
the Elderly and 
Handicapped 
Act. 
42 u s e 1973ee 
note. 
42 u s e 1973ee. 
42 use 
1973ee-l. 
Report. 
An Act 
Effective date. 
To improve access for handicapjaed and elderly individuals 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, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Voting Accessibility for 
the Elderly and Handicapped Act". 
PURPOSE 
SEC. 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 O F POLLING FACILITIES 
SEC. 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 ac-
cessible, in the area involved; and 
(B) assures that any handicapped or elderly voter as-
signed to an inaccessible polling place, upon advance re-
quest 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 alternative means for 
casting a ballot on the day of the election. 
(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 Commis-
sion, 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. 
(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. 
PUBLIC LAW 98-435—SEPT. 28, 1984 
98 STAT. 1679 
SELECTION OF REGISTRATION FACILITIES 
SEC. 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 such voter. 
42 use 
1973ee-2. 
REGISTRATION AND VOTING AIDS 
SEC. 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. 
(b) No notarization or medical certification shall be required of a 
handicapped voter with respect to an absentee ballot or an applica-
tion for such ballot, except that medical certification may be re-
quired 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. 
(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 (42 U.S.C. 1973aa-6), and the 
procedures for voting by absentee ballot, not later than general 
public notice of registration and voting is provided. 
42 use 
1973ee-3. 
Absentee ballot. 
Public 
information. 
ENFORCEMENT 
SEC. 6. (a) If a State or political subdivision does not comply with 
this Act, the United States Attorney General or a 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 noncom-
pliance £ind a period of 45 days has elapsed since the date of 
notification. 
(c) Notwithstanding any other provision 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 judg-
ment of the court. 
42 use 
1973ee-4. 
RELATIONSHIP TO VOTING RIGHTS ACT OF 1965 
SEC. 7. This Act shall not be construed to impair any right 
guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). 
DEFINITIONS 
SEC. 8. As used in this Act, the term— 
42 use 
1973ee-5. 
42 use 
1973ee-6. 
98 STAT. 1680 
PUBLIC LAW 98-435—SEPT. 28, 1984 
(1) "accessible" means accessible to handicapped and elderly 
individuals for the purpose of voting or registration, as deter-
mined under guidelines established by the chief election officer 
of the State involved; 
(2) "elderly" means 65 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 Commis-
sioner 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 possesssion of the United States. 
EFFECTIVE DATE 
42 use I973ee 
SEC. 9. This Act shall apply with respect to elections taking place 
note. 
after December 31,1985. 
Approved September 28,1984. . 
LEGISLATIVE HISTORY—H.R. 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. 
Aug. 10, considered and passed Senate, amended. 
Sept. 12, House concurred in Senate amendments.