[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7755 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7755
To amend the Help America Vote Act of 2002 to increase voting
accessibility for individuals with disabilities and older individuals,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2020
Ms. Scanlon (for herself and Mr. Raskin) 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 increase voting
accessibility for individuals with disabilities and older individuals,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accessible Voting
Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
TITLE I--ELECTION ASSISTANCE COMMISSION OFFICE OF ACCESSIBILITY
Sec. 101. Establishment of the Election Assistance Commission Office of
Accessibility.
Sec. 102. National Resource Center on Accessible Voting.
Sec. 103. Establishment of national voter accessibility website.
TITLE II--STATE REQUIREMENTS AND PAYMENTS
Sec. 201. Establishment and maintenance of State accessible election
websites.
Sec. 202. Designation of single State office.
Sec. 203. Transparency regarding changes.
Sec. 204. Access to absentee registration procedures and no-excuse
absentee voting for all voters.
Sec. 205. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 206. Protections for individuals subject to guardianship.
Sec. 207. Payments to States for implementation of accessibility
requirements.
Sec. 208. Technical and conforming amendments relating to issuance of
voluntary guidance and enforcement.
TITLE III--FEDERAL ASSISTANCE
Sec. 301. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities and older individuals.
Sec. 302. Appointments to EAC Board of Advisors.
Sec. 303. Removal of limitation on use of funds for participation of
protection and advocacy systems in
litigation related to election-related
disability access.
Sec. 304. Funding for protection and advocacy systems.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Since its founding, America has steadily worked to
ensure the right to vote for all through State law, Federal
law, and constitutional amendments.
(2) Almost a quarter of the electorate will be 65 years old
or older in 2020.
(3) Of the 37,000,000 voting age individuals with
disabilities in America, an estimated 14,300,000 citizens with
disabilities reported voting in the November 2018 election.
(4) Older individuals who have been lifelong voters and who
now find it difficult to leave their home often cannot vote in
person.
(5) Despite Federal laws requiring fully accessible voting
places, barriers to vote for people with disabilities and older
individuals still exist.
(6) In 2016 only 40 percent of polling places were
architecturally accessible and only 45 percent of voting booths
were accessible.
(7) Combining deficiencies in architectural and voting
booth access, only 17 percent of polling places could be
considered fully accessible in 2016.
(8) People with disabilities voted at a rate of 4.7 percent
less than non-disabled individuals in 2016.
(9) In 2017, the Native American Voting Rights Coalition
found that the distance needed to travel to polling locations
and drop off boxes for absentee ballots greatly affected the
ability of Native Americans to cast ballots.
(10) The National Congress of American Indians found that
the turnout rate for Native Americans and Alaska Native
registered voters is between 5 to 14 percent lower than turnout
rates of other racial and ethnic groups.
(11) According to the United States Census Bureau, there
are nearly 26,000,000 individuals in the United States with
limited English proficiency and more than 66,000,000 who speak
a language other than English at home. Americans with limited
English proficiency can face challenges when attempting to
register to vote and cast a ballot.
(12) A strong legislative focus on the needs of older
individuals, individuals with disabilities, Native Americans,
Alaska Natives, and individuals with limited proficiency in the
English language is necessary to remove obstacles to vote and
ensure they can exercise their right to vote.
(b) Purpose.--The purpose of this Act is to improve access for
older individuals, individuals with disabilities, Native Americans,
Alaska Natives, and individuals with limited proficiency in the English
language to register to vote and to cast a ballot by--
(1) providing States and local governments with resources
to improve accessibility when registering to vote, voting by
absentee, and casting a ballot in person; and
(2) expanding Federal oversight and support to ensure
greater accessibility to State voting systems.
TITLE I--ELECTION ASSISTANCE COMMISSION OFFICE OF ACCESSIBILITY
SEC. 101. ESTABLISHMENT OF THE ELECTION ASSISTANCE COMMISSION OFFICE OF
ACCESSIBILITY.
(a) In General.--Subtitle A of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20921) is amended by adding at the end the
following new part:
``PART 4--ELECTION ASSISTANCE COMMISSION OFFICE OF ACCESSIBILITY
``SEC. 223. ELECTION ASSISTANCE COMMISSION OFFICE OF ACCESSIBILITY.
``(a) Establishment.--There is hereby established the Election
Assistance Commission Office of Accessibility (hereinafter in this part
referred to as the `Office of Accessibility').
``(b) Duties.--The Office of Accessibility shall--
``(1) serve as the effective and visible advocate on behalf
of voters with access needs, including older individuals,
individuals with disabilities, Native Americans, Alaska Native
citizens, and individuals with limited proficiency in the
English language--
``(A) within the Election Assistance Commission and
with other departments and agencies of the Federal
Government regarding all Federal policies affecting
such individuals; and
``(B) in the States to promote the enhanced
accessibility of voting systems and compliance with
this Act and other Federal law and regulations;
``(2) ensure State and local election officials are taking
steps to maintain voting systems that meet Department of
Justice accessibility standards;
``(3) if the Director of the Office of Accessibility finds
that a State has not taken steps to meet such standards, refer
the finding to the Department of Justice for enforcement;
``(4) evaluate State proposals to expand voter
accessibility in order to meet the requirements of sections 304
through 309;
``(5) ensure State and local governments meet the
requirements of sections 304 through 309 (relating to
accessible election websites and other accessibility
requirements), including through referral to the Attorney
General for action under section 401 as appropriate;
``(6) administer and evaluate payments to States for the
establishment and maintenance of accessible election websites
under section 297;
``(7) establish and operate the National Resource Center on
Accessible Voting under section 224;
``(8) establish the national voter accessibility website
under section 225;
``(9) collect and disseminate information related to
challenges experienced by older individuals, individuals with
disabilities, Native Americans, Alaska Natives, and individuals
with limited proficiency in the English language when
registering to vote or casting a ballot; and
``(10) recommend policies and priorities to improve the
accessibility of State voter registration systems, voting
systems, the casting of ballots, and the application for and
casting of absentee ballots.
``(c) Objectives.--The Office of Accessibility shall have the
following primary objectives:
``(1) Educating State and local election officials on the
challenges faced by older individuals, individuals with
disabilities, Native Americans, Alaska Natives, and individuals
with limited proficiency in the English language when voting,
and teaching evidence-based strategies for overcoming those
challenges.
``(2) Educating State and local election officials
regarding the needs of individuals with disabilities and older
individuals.
``(3) Providing educational resources in plain language to
older individuals and individuals with disabilities on their
rights and resources when registering to vote and voting.
``(4) Providing translated educational resources for Native
Americans, Alaska Natives, and individuals with limited
proficiency in the English language on their rights and
resources when registering to vote and voting.
``(5) Studying potential improvements and providing
strategies that State and local election officials may
implement, and encouraging the enactment of State or local laws
as necessary for such implementation, with the goal of--
``(A) ensuring that individuals with disabilities
and older individuals are provided the opportunity to
cast a private and independent ballot in person in an
election for Federal office, including--
``(i) strategies to reduce adversely long
wait times for casting ballots;
``(ii) alternative options to cast a ballot
on the day of an election, such as providing
the option to cast a ballot outside of the
polling place or from a vehicle;
``(iii) strategies and criteria to create
expedited voting lines for those needing such
service; or
``(iv) the ability for an individual who
cannot physically wait in line to exit the line
without losing their place;
``(B) ensuring that individuals with disabilities
and older individuals are provided the opportunity to
cast a private and independent absentee ballot,
including--
``(i) ensuring the process for requesting
and securing an absentee ballot is accessible
to individuals with disabilities and older
individuals;
``(ii) ensuring the process for submitting
an absentee ballot is accessible to individuals
with disabilities and older individuals; and
``(iii) ensuring the process for marking an
absentee ballot is accessible to individuals
with disabilities and older individuals; and
``(C) implementing policies that encourage more
individuals with disabilities and older individuals to
serve as poll workers.
``(6) Promoting research into the use of accessible ballot
marking devices and educating State and local election
officials on the secure use of accessible ballot marking
devices.
``(d) Director of Accessibility.--
``(1) In general.--The Office of Accessibility shall be
headed by a Director of Accessibility (referred to in this part
as the `Director') who shall be appointed by the Executive
Director of the Election Assistance Commission.
``(2) Term of service for the director.--The Director shall
serve for a term of 4 years. The term of the first individual
appointed to the position of Director shall end on January 3,
2025, and the term of each individual appointed for a full term
to the position of Director thereafter shall end on January 3
of each fourth year thereafter.
``(3) Procedure for appointment.--
``(A) In general.--On the date that is 6 months
prior to the date on which a vacancy is scheduled to
occur in the position of the Director or the date on
which the Director submits a Letter of Resignation, the
Election Assistance Commission Standards Board and
Election Assistance Commission Board of Advisors under
part 2 of this subtitle (hereafter in this part
referred to as the `Standards Board' and the `Board of
Advisors', respectively), shall each appoint a search
committee to recommend at least three nominees for the
position.
``(B) Requiring consideration of nominees.--The
Executive Director of the Election Assistance
Commission shall consider the nominees recommended by
the Standards Board and the Board of Advisors in
appointing the Director.
``(4) Procedure for reappointment.--
``(A) In general.--The Director may be reappointed
for one or more additional full terms if the Standards
Board and the Board of Advisors recommends such
reappointment.
``(B) Timing of recommendation.--The Standards
Board and the Board of Advisors may recommend such
reappointment for an additional term before the date on
which the current term of the Director expires, but not
more than 3 months before such date.
``(5) Continuation in office.--An individual serving in the
position of Director at the end of the term of the individual
as Director may continue to serve until a successor is
appointed.
``(e) Deputy Director.--
``(1) In general.--There shall be a Deputy Director of the
Office who shall--
``(A) be appointed by the Director;
``(B) perform such duties as may be assigned by the
Director; and
``(C) during the absence or incapacity of the
Director or during a vacancy in that office, act as the
Director.
``(2) Term.--The term of an individual appointed to the
position of Deputy Director shall end on the date on which the
term of the Director appointing the Deputy Director ends.
``(3) Continuation in office.--An individual serving in the
position of Deputy Director at the end of the term of the
individual as Deputy Director may continue to serve until a
successor is appointed.
``(f) Other Staff.--Subject to rules prescribed by the Commission,
the Director may appoint and fix the pay of such additional personnel
as the Director considers appropriate.
``(g) Reports to Congress.--Not later than 2 years after the date
of enactment of this part, and every 2 years thereafter, the Director
shall submit to Congress a report describing the activities carried out
under this part during the period since the last report was submitted
under this subsection.
``(h) Definitions.--In this part, the term `accessible',
`individual with a disability', `older individual', and `State' have
the meaning given those terms in section 304.
``(i) Authorization.--There are authorized to be appropriated to
the Office of Accessibility to carry out the provisions of this part
$500,000 for each of fiscal years 2021 and 2022 and such sums as may be
necessary for each succeeding year.''.
(b) Conforming Amendments.--
(1) Conforming amendment to duties of eac.--Section 202 of
the Help America Vote Act of 2002 (52 U.S.C. 20922) is
amended--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) establishing the Election Assistance Commission
Office of Accessibility under section 223.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 222
the following new items:
``PART 4--Election Assistance Commission Office of Accessibility
``Sec. 223. Election Assistance Commission Office of Accessibility.''.
SEC. 102. NATIONAL RESOURCE CENTER ON ACCESSIBLE VOTING.
(a) In General.--Part 4 of subtitle A of title II of the Help
America Vote Act of 2002, as added by section 101, is amended by adding
at the end the following new section:
``SEC. 224. NATIONAL RESOURCE CENTER ON ACCESSIBLE VOTING.
``(a) In General.--Not later than January 1, 2021, the Office of
Accessibility shall, directly or by grant or contract with eligible
entities described in subsection (d), establish and operate a National
Resource Center on Accessible Voting (in this section referred to as
the `Center').
``(b) Activities.--In order to address the unique challenges faced
by older individuals, individuals with disabilities, Native Americans,
Alaska Natives, and individuals with limited proficiency in the English
language, the Center shall provide State and local election officials,
poll workers, and volunteers with the information and technical
assistance needed to effectively provide accessible voting, and ensure
that individuals with disabilities and older individuals are given an
equivalent opportunity to vote, including with privacy and
independence.
``(c) Objectives.--The Center shall assist the Office of
Accessibility in carrying out the primary objectives of the Office as
described in section 223(c).
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant or
contract under this subsection, an entity shall--
``(A) submit an application to the Office of
Accessibility at such time, in such manner, and
containing such information as the Office of
Accessibility may reasonably require; and
``(B) meet the criteria described in paragraph (2).
``(2) Criteria described.--The criteria described in this
paragraph, with respect to an entity, are that the entity--
``(A) has demonstrated expertise in working with
organizations or individuals on issues affecting
individuals with disabilities and older individuals;
``(B) has documented experience in providing
training and technical assistance on a national basis
or a formal relationship with an organization that has
such experience;
``(C) partners with an organization that has
demonstrated expertise in election security; and
``(D) meets such other criteria as determined
appropriate by the Office of Accessibility.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not less than $5,000,000 for
fiscal year 2021 and each succeeding fiscal year. Amounts appropriated
under the preceding sentence shall remain available until expended.
``(f) Operating Standards and Reporting Requirements.--The Office
of Accessibility shall develop and issue operating standards and
reporting requirements for the Center.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 223, as added
by section 101(b)(2), the following new item:
``Sec. 224. National Resource Center on Accessible Voting.''.
SEC. 103. ESTABLISHMENT OF NATIONAL VOTER ACCESSIBILITY WEBSITE.
(a) Purpose.--The purpose of this section is to create an
accessible national website to provide support and information to State
and local election officials, individuals with disabilities, and older
individuals.
(b) Establishment.--Part 4 of subtitle A of title II of the Help
America Vote Act of 2002, as added by section 101 and amended by
section 102, is amended by adding at the end the following new section:
``SEC. 225. ESTABLISHMENT OF NATIONAL VOTER ACCESSIBILITY WEBSITE.
``(a) In General.--The Office of Accessibility shall work with
State and local election officials to collect data and administer a
public national voter accessibility website to--
``(1) ensure individuals with disabilities and older
individuals are provided easy access to clear and
understandable voter information for each State, including--
``(A) a link to each State accessible election
website as described in section 304;
``(B) information on voting timelines for each
State, including deadlines to--
``(i) register to vote;
``(ii) update voter registration
information;
``(iii) submit an application to run for
elected office;
``(iv) apply for an absentee ballot; and
``(v) submit an absentee ballot; and
``(C) a plain language description of the voting
laws of each State, including information on--
``(i) voter identification requirements;
``(ii) how to register to vote, update
registration info, and confirm an individual is
registered to vote in the State;
``(iii) the location and operating hours of
polling places and the accessibility of polling
places;
``(iv) the availability of aid or
assistance for individuals with disabilities
and older individuals to cast their vote in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters at polling
places;
``(v) the availability of aid or assistance
from State and local agencies for individuals
with disabilities or older individuals who are
not able to travel to the polling place;
``(vi) how to contact State, local, and
Federal officials with complaints or grievances
if individuals with disabilities and older
individuals feel their ability to register to
vote or vote has been blocked or delayed; and
``(vii) access to aging and disability
support resources in the State, including--
``(I) protection and advocacy
systems (as defined in section 102 of
the Developmental Disabilities
Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15002)); and
``(II) information on how to obtain
transportation to the polls from State
or local agencies; and
``(2) provide a description of resources for local election
officials to use in providing guidance to poll workers in order
to ensure that polling places are accessible for individuals
with disabilities and older individuals in a manner that
provides the same opportunity for access and participation
(including privacy and independence) as for other voters.
``(b) Database.--
``(1) In general.--The Office of Accessibility shall
maintain a database of complaints or grievances from
individuals who feel their ability to register to vote or vote
has been blocked or delayed, and the outcome of their
complaints (as reported by States pursuant to section 297(d)).
``(2) Public availability.--The Office of Accessibility
shall make such complaints and a description of the outcomes of
such complaints available to the public, while maintaining the
anonymity of any individual who submits a complaint.
``(3) Referral of complaints to department of justice.--The
Office of Accessibility shall refer any complaints or
grievances which violate Federal law to the Department of
Justice.
``(c) Definitions.--In this section, the terms `accessible',
`individual with a disability', `older individual', and `State' have
the meaning given those terms in section 304.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 224, as added
by section 102(b), the following new item:
``Sec. 225. Establishment of national voter accessibility website.''.
TITLE II--STATE REQUIREMENTS AND PAYMENTS
SEC. 201. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION
WEBSITES.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21018 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following:
``SEC. 304. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION
WEBSITES.
``(a) In General.--Each State shall ensure their election websites
are accessible and meet the following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are
accessible for individuals with disabilities and older
individuals in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and
participation of individuals with disabilities
and older individuals in elections for public
office; and
``(ii) the voting rights and protections
for individuals with disabilities and older
individuals under State and Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places
within the State, including outreach programs to inform
individuals about the availability of accessible
polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all
polling places in the State;
``(D) the availability of aid or assistance for
individuals with disabilities and older individuals to
cast their vote in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters at
polling places;
``(E) the availability of transportation aid or
assistance to the polling place for individuals with
disabilities or older individuals;
``(F) the rights and protections under State and
Federal law for individuals with disabilities and older
individuals to participate in elections; and
``(G) how to contact State, local, and Federal
officials with complaints or grievances if individuals
with disabilities, older individuals, Native Americans,
Alaska Natives, and individuals with limited
proficiency in the English language feel their ability
to register to vote or vote has been blocked or
delayed.
``(b) Partnership With Outside Technical Organization.--
``(1) In general.--The chief State election official of
each State, through the committee of appropriate individuals
under subsection (c)(2), shall partner with an outside
technical organization with demonstrated experience in
establishing accessible and easy to use accessible election
websites to--
``(A) update an existing election website to make
it fully accessible in accordance with this section; or
``(B) develop an election website that is fully
accessible in accordance with this section.
``(2) In-house training.--Under such partnership, the
outside technical organization shall also be required to
provide training to in-house personnel of the State or units of
local government to maintain and update election websites in an
accessible manner.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State plan
that describes how the State and local governments will meet
the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the four most
populous jurisdictions within the State.
``(B) The chief election officials of the four
least populous jurisdictions within the State.
``(C) Representatives from two disability advocacy
groups, including at least one such representative who
is an individual with a disability.
``(D) Representatives from two older individual
advocacy groups, including at least one such
representative who is an older individual.
``(E) Representatives from two independent non-
governmental organizations with expertise in
establishing and maintaining accessible websites.
``(F) Representatives from two independent non-
governmental voting rights organizations.
``(G) Representatives from State protection and
advocacy systems as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
``(d) Partnership To Monitor and Verify Accessibility.--The chief
State election official of each eligible State, through the committee
of appropriate individuals under subsection (c)(2), shall partner with
at least two of the following organizations to monitor and verify the
accessibility of the election website and the completeness of the
election information and the accuracy of the disability information
provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services designated under
section 151(a) of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15061(a)).
``(2) Centers for Independent Living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) A State Council on Developmental Disabilities
described in section 125 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
``(4) State protection and advocacy systems as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29 U.S.C.
796d).
``(6) State Assistive Technology Act Programs.
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--In this subtitle:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under
subsection (a) or section 225, or an electronic
communication under section 307--
``(i) that the functions and content of the
website or electronic communication, including
all text, visual, and aural content, are as
accessible to people with disabilities as to
those without disabilities;
``(ii) that the functions and content of
the website or electronic communication are
accessible to individuals with limited
proficiency in the English language; and
``(iii) that the website or electronic
communication meets, at a minimum, conformance
to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a
polling place), that the facility is readily accessible
to and usable by individuals with disabilities and
older individuals, as determined under the 2010 ADA
Standards for Accessible Design adopted by the
Department of Justice (or any successor standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102), and who is otherwise qualified to vote
in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal office.
``(4) State.--The term `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.
``(f) Effective Date.--This section shall apply on or after January
1, 2021.''.
(b) 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. Establishment and maintenance of accessible election
websites.''.
SEC. 202. DESIGNATION OF SINGLE STATE OFFICE.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21018 et seq.), as amended by section 201, is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following:
``SEC. 305. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION
FOR ALL INDIVIDUALS WITH DISABILITIES AND OLDER
INDIVIDUALS IN THE STATE.
``(a) In General.--Each State shall designate a single office which
shall be responsible for providing information with respect to Federal
elections to all individuals with disabilities or older individuals.
``(b) Responsibilities.--Such office shall be responsible for the
following:
``(1) Maintaining the accessible State election website as
described in section 304.
``(2) Providing information regarding voter registration,
absentee ballots, and in-person voting procedures to be used by
individuals with disabilities and older individuals with
respect to elections for Federal office.
``(3) Regularly auditing polling places to ensure they are
accessible, as defined in section 304, and publicly posting the
results of such audits no later than 6 months after the
completion of the audit.
``(4) Providing information to State and local election
officials on how to set up and operate accessible voting
systems and information regarding the accessibility of voting
procedures, including guidance on compatibility with assistive
technologies such as screen readers and ballot marking devices.
``(5) Working with--
``(A) community members with disabilities and
disability advocacy groups year round; and
``(B) older individuals and advocacy groups for
older individuals year round.
``(6) Integrating information on accessibility,
accommodations, disability, and older individuals into regular
training materials for poll workers and election administration
officials.
``(7) Training poll workers on how to make polling places
accessible for individuals with disabilities and older
individuals.
``(8) Promoting the hiring of individuals with disabilities
and older individuals as poll workers and election staff.
``(c) Effective Date.--This section shall apply on or after January
1, 2021.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 304, as added
by section 201(b), the following:
``Sec. 305. Designation of single State office to provide information
for all individuals with disabilities and
older individuals in the State.''.
SEC. 203. TRANSPARENCY REGARDING CHANGES.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21018 et seq.), as amended by sections 201 and 202, is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308; and
(2) by inserting after section 305 the following:
``SEC. 306. TRANSPARENCY REGARDING CHANGES.
``(a) Notice of Enacted Changes.--
``(1) In general.--If a State or political subdivision
makes any change in any prerequisite to voting or standard,
practice, or procedure with respect to voting in any election
for Federal office that will result in the prerequisite,
standard, practice, or procedure being different from that
which was in effect as of the date that is 180 days before the
election, the State or political subdivision must provide
reasonable public notice in such State or political subdivision
and on the accessible State election website as described in
section 304, containing a concise description of the change,
including the difference between the changed prerequisite,
standard, practice, or procedure and the prerequisite,
standard, practice, or procedure which was previously in
effect.
``(2) Format.--The public notice described in paragraph (1)
shall be provided in a format that is convenient and accessible
to individuals with disabilities and older individuals.
``(3) Accessible email and mail notices.--
``(A) In general.--A State or political subdivision
shall send out an accessible electronic mail or mail
notice to any voter who request to be notified of any
changes described in paragraph (1).
``(B) Establishment of process.--A State or
political subdivision shall establish a process under
which a voter may request to be notified of any such
changes.
``(4) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 7 days after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any individual, prior to the
30th day before the date of an election, each State or
political subdivision with responsibility for allocating
registered voters, voting machines, and official poll workers
to particular precincts and polling places shall provide
reasonable public notice in such State or political subdivision
and on the accessible State election website as described in
section 304, of the information described in paragraph (2) for
precincts and polling places within such State or political
subdivision.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number of the precinct or polling
place.
``(B) In the case of a polling place, the location,
including the street address, and confirmation that the
polling place is accessible to individuals with
disabilities and older individuals.
``(C) The number of voting machines assigned,
including the number of voting machines accessible to
individuals with disabilities and older individuals and
the number of poll workers who have received training
on how to set up and operate the accessible voting
systems.
``(D) The total number of poll workers officially
assigned to the polling place, including the number of
such poll workers who have received training to assist
individuals with disabilities and older individuals.
``(E) The number of official volunteer poll workers
assigned who have received training to assist
individuals with disabilities and older individuals.
``(F) In the case of a polling place, the dates and
hours of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2) with respect to which a
notice is provided pursuant to paragraph (1), the State or
political subdivision shall provide reasonable public notice in
such State or political subdivision and on the accessible State
election website as described in section 304, of the change in
the information not later than 48 hours after the change occurs
or, if the change occurs fewer than 48 hours before the date of
the election for Federal office, as soon as practicable after
the change occurs.
``(4) Format.--The public notice described in paragraph (1)
or (3) shall be provided in a format that is reasonably
convenient and accessible to individuals with disabilities and
older individuals.
``(5) Accessible email and mail notices.--
``(A) In general.--A State or political subdivision
shall send out an accessible electronic mail and mail
notice to any voter who requests to be notified of any
changes described in paragraph (1) and to the State
protection and advocacy systems (as defined in section
102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002)).
``(B) Establishment of process.--A State or
political subdivision shall establish a process under
which a voter may request to be notified of any such
changes.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2021.''.
(b) Clerical Amendments.--The table of contents of such Act is
amended by inserting after the item relating to section 305, as added
by section 202(b), the following:
``Sec. 306. Transparency regarding changes.''.
SEC. 204. ACCESS TO ABSENTEE REGISTRATION PROCEDURES AND NO-EXCUSE
ABSENTEE VOTING FOR ALL VOTERS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21018 et seq.), as amended by sections 201, 202, and 203, is
amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309; and
(2) by inserting after section 306 the following:
``SEC. 307. ACCESS TO ABSENTEE REGISTRATION PROCEDURES AND NO-EXCUSE
ABSENTEE VOTING FOR ALL VOTERS.
``(a) In General.--Notwithstanding section 6(c) and subparagraph
(B) or (D) of section 8(a)(1) of the National Voter Registration Act of
1993 (52 U.S.C. 20505(c); 20507(a)(1)), each State shall--
``(1) permit any eligible voter 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 any eligible
voter if the application is received by the appropriate State
election official not less than 7 days before the election;
``(3) in addition to any other method of registering to
vote in the State, establish procedures--
``(A) for States to send voter registration
applications to eligible voters in accordance with the
eligible voter's preferred method of transmission as
designated under subparagraph (B);
``(B) by which an eligible voter may designate
whether the eligible voter prefers that such voter
registration applications be transmitted by mail or
electronically; and
``(C) to allow eligible voters to electronically
submit the mail voter registration application form
prescribed under section 9(a)(2) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(a)(2));
``(4) in addition to any other method of applying for an
absentee ballot in the State, establish procedures--
``(A) for States to send absentee ballot
applications to eligible voters in accordance with the
eligible voter's preferred method of transmission as
designated under subparagraph (B); and
``(B) by which an eligible voter may designate
whether the eligible voter prefers that such absentee
ballot registration be transmitted by mail or
electronically;
``(5) establish procedures to allow eligible voters to
establish a permanent absentee voter status until the voter
submits an application to terminate their permanent absentee
voter status;
``(6) transmit a validly requested absentee ballot to any
eligible voter--
``(A) 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
``(7) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan which
provides that absentee ballots are made available to eligible
voters in a manner that gives them sufficient time to vote in
the runoff election.
``(b) Designation of Means of Electronic Communication for Eligible
Voters 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 section 305,
designate not less than 1 means of electronic communication--
``(A) for use by eligible voters who wish to
register to vote or vote in any jurisdiction in the
State to request voter registration applications and
absentee ballot applications under paragraphs (3) and
(4) , respectively, of subsection (a);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such paragraphs;
``(C) for the purpose of providing related voting,
balloting, and election information to eligible voters;
and
``(D) that meets the accessibility requirement as
described in subsection (d).
``(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 eligible voters,
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 eligible voters.
``(4) Transmission if no preference indicated.--In the case
where an eligible voter does not designate a preference under
paragraph (3)(B) or (4)(B), respectively, of subsection (a),
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.
``(5) Coordination with states.--The Election Assistance
Commission shall work with States to ensure the mail voter
registration application form prescribed under section 9(a)(2)
of the National Voter Registration Act of 1993 (52 U.S.C.
20508(a)(2)) is accessible as defined in section 304 and
capable of being submitted electronically to State election
offices by individuals.
``(c) Transmission and Marking 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
eligible voter under subparagraph (B)) to eligible
voters for an election for Federal office; and
``(B) by which the eligible voter may 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 eligible voter 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) Marking of blank absentee ballots.--Each State shall
establish procedures to allow voters to securely mark blank
absentee ballots through assistive technology for an election
for Federal office.
``(4) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--
``(A) In general.--Subject to subparagraph (B),
under the procedures established under paragraph (1),
the State may apply such methods as the State considers
appropriate which are in accordance with paragraph (1),
such as assigning a unique identifier to the ballot, to
ensure that if an eligible voter 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.
``(B) Limitation.--In carrying out this paragraph,
a State may not adopt a method of tracking absentee
ballots which would violate the right of an individual
to a private ballot. If a unique identifier is assigned
to an absentee ballot, the State must adopt procedures
to ensure the identity of the individual remains
secret.
``(d) Accessibility Requirement for Electronic Communications.--Any
electronic communication under this section, including any application,
ballot, or instructional material sent electronically, shall be
accessible as defined in section 304.
``(e) Rule of Construction.--Nothing in this section may be
construed to allow the casting of ballots over the internet.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2021.''.
(b) Conforming Amendments.--
(1) Technical amendment.--Section 906(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21145(a)) is amended, in
the matter preceding paragraph (1), by striking ``section
303(b)'' and inserting ``sections 303(b) and 307(a)''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 306,
as added by section 203(b), the following:
``Sec. 307. Access to absentee registration procedures and no-excuse
absentee voting for all voters.''.
SEC. 205. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.
(a) Requirement.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21018 et seq.), as amended by sections 201,
202, 203, and 204, is amended--
(A) by redesignating sections 308 and 309 as
sections 309 and 310; and
(B) by inserting after section 307 the following:
``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND
OLDER INDIVIDUALS.
``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 304;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in person
in an election for Federal office, such as the option to cast a
ballot outside of the polling place or from a vehicle, or
providing an expedited voting line; and
``(3) consider options to establish `mobile polling sites'
to allow election officials or volunteers to travel to long-
term care facilities and assist residents who request
assistance in casting a ballot in order to maintain the privacy
and independence of voters in these facilities.
``(b) Clarification.--Nothing in this section may be construed to
alter the requirements under Federal law that all polling places for
Federal elections are accessible to individuals with disabilities and
older individuals.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2021.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 307,
as added by section 204(b), the following:
``Sec. 308. Access to voting for individuals with disabilities and
older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly
individuals'' each place it appears and inserting
``individuals with disabilities and older
individuals'';
(B) by striking ``handicapped and elderly voters''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking
``handicapped or elderly voter'' and inserting
``individual with a disability or older individual'';
(D) in section 5(b), by striking ``handicapped
voter'' and inserting ``individual with a disability'';
and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and
inserting the following:
``(1) `accessible' has the meaning given that term in
section 304 of the Help America Vote Act of 2002, as added by
section 101(a) of the Accessible Voting Act of 2020;
``(2) `older individual' has the meaning given that term in
such section 304;''; and
(ii) by striking paragraph (4), and
inserting the following:
``(4) `individual with a disability' has the meaning given
that term in such section 304; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the ``Voting
Accessibility for the Elderly and Handicapped Act''
(Public Law 98-435; 42 U.S.C. 1973ee note) is amended
by striking ``for the Elderly and Handicapped'' and
inserting ``for Individuals with Disabilities and Older
Individuals''.
(B) References.--Any reference in any other
provision of law, regulation, document, paper, or other
record of the United States to the ``Voting
Accessibility for the Elderly and Handicapped Act''
shall be deemed to be a reference to the ``Voting
Accessibility for Individuals with Disabilities and
Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2021, and apply to with respect
to elections for Federal office held on or after that date.
SEC. 206. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, 204, and
205, is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 310A; and
(2) by inserting after section 308 the following:
``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
``(a) In General.--A State shall not determine that an individual
lacks the capacity to vote in an election for Federal office on the
ground that the individual is subject to guardianship, unless a court
of competent jurisdiction issues a court order finding by clear and
convincing evidence that the individual cannot communicate, with or
without accommodations, a desire to participate in the voting process.
``(b) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2021.''.
(b) Clerical Amendments.--The table of contents of such Act is
amended by inserting after the item relating to section 308, as added
by section 205(a)(2), the following:
``Sec. 309. Protections for individuals subject to guardianship.''.
SEC. 207. PAYMENTS TO STATES FOR IMPLEMENTATION OF ACCESSIBILITY
REQUIREMENTS.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001) is amended by adding at the end the
following new part:
``PART 7--PAYMENTS TO STATES FOR IMPLEMENTATION OF ACCESSIBILITY
REQUIREMENTS
``SEC. 297. PAYMENTS TO STATES FOR IMPLEMENTATION OF ACCESSIBILITY
REQUIREMENTS.
``(a) Payments.--
``(1) In general.--The Director of the Office of
Accessibility (hereinafter in this section referred to as the
`Director') shall make payments to each eligible State (as
described in subsection (c)) in an amount determined under
paragraph (2) for each applicable period (as defined in
paragraph (3)) beginning on or after October 1, 2020.
``(2) Allocation of funds.--
``(A) In general.--Subject to subparagraph (C), the
amount of a payment made to a State for an applicable
period shall be equal to the product of--
``(i) the total amount appropriated for
requirements payments for the applicable period
pursuant to the authorization under subsection
(g); and
``(ii) the State allocation percentage for
the State (as determined under subparagraph
(B)).
``(B) State allocation percentage defined.--The
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(i) the voting age population of the
State (as reported in the most recent decennial
census); and
``(ii) the total voting age population of
all States (as reported in the most recent
decennial census).
``(C) Minimum payment.--The amount of any payment
made to an eligible State under this section shall not
be less than $1,000,000.
``(D) Pro rata reductions.--The Director shall make
such pro rata reductions to the allocations determined
under subparagraph (A) as are necessary to comply with
the requirements of subparagraph (C).
``(E) Continuing availability of funds after
appropriation.--A payment made to a State under this
section shall be available to the State without fiscal
year limitation.
``(3) Applicable period defined.--The `applicable period',
with respect to a payment under this section, is a period of 2
fiscal years.
``(4) Distribution of funds to units of local government.--
At least 10 percent of funds allocated to a State under this
section shall be distributed to units of local government to
develop or upgrade accessible election websites and to share
information with the statewide accessible election website as
described in section 304.
``(b) Use of Funds.--
``(1) In general.--An eligible State shall use a payment
under this section to meet the requirements of sections 304
through 309.
``(2) Prohibition on use of funds for separate accessible
election websites.--Funds under this section may not be used to
establish accessible election websites for individuals with
disabilities and older individuals under section 304 that are
separate from the election websites for the general population.
Funds must be used to make existing election websites
accessible, or to develop accessible election websites where
one does not already exist.
``(c) Requirements for Eligibility.--
``(1) In general.--Each State that desires to receive a
payment under this section for an applicable period shall
submit an application for such payment to the Director at such
time and in such manner and containing such information as the
Director shall require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall include--
``(A) with respect to the requirements under
section 304 (relating to accessible election
websites)--
``(i) a description of the State plan as
developed by the committee of appropriate
individuals under subsection (c) of such
section;
``(ii) an assurance that the State will
work with State and local disability and aging
advocates to ensure the election website is
accessible to individuals with disabilities and
older individuals;
``(iii) a description of how the State will
ensure the election website maintains
accessibility;
``(iv) a description of how the State will
ensure information on the election website is
accessible to local election officials; and
``(v) identification of each organization
the State is partnering with pursuant to
subsection (d) of such section in order to
monitor and verify the accessibility of the
State election website, including the written
support of each such organization;
``(B) with respect to the requirements under
sections 305 through 309, a description of how the
State will meet such requirements; and
``(C) such other information as the Director
determines appropriate to ensure compliance with the
requirements of such sections 304 through 309.
``(d) Reports.--
``(1) Reports by recipients.--
``(A) In general.--Not later than the 6 months
after the end of each applicable period for which an
eligible State received a payment under this section,
the State shall submit a report to the Director on the
activities conducted using such payments during the
applicable period, and shall include in the report a
list of expenditures during such applicable period.
``(B) Inclusion.--Each report submitted under
subparagraph (A) shall include the number and
description of complaints and grievances by individuals
alleging their ability to register to vote or vote was
unfairly blocked or delayed.
``(2) Report by director to committees.--With respect to
each applicable period for which the Director makes payments
under this section, the Director shall submit a report on the
activities carried out under this section to the Committee on
House Administration of the House of Representatives and the
Committee on Rules and Administration and the Special Committee
on Aging of the Senate.
``(e) Standards and Guidelines.--The Director shall establish
standards and guidelines for approved activities supported by payments
under this section. Such standards and guidelines shall permit eligible
States receiving such a payment to refine or adapt the standards and
guidelines for an individual project, where such a refinement or
adaptation is made necessary by a local circumstance.
``(f) Definitions.--In this section, the terms `accessible',
`individual with a disability', `older individual', and `State' have
the meaning given those terms in section 304.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out the provisions of this section--
``(A) $100,000,000 for fiscal years 2021 and 2022;
``(B) $100,000,000 for fiscal years 2023 and 2024;
and
``(C) $100,000,000 for fiscal years 2025 and 2026.
``(2) Continuing availability of funds after
appropriation.--A payment made to an eligible State under this
section shall be available to the State without fiscal year
limitation, but shall only be used for the purposes of this
section.
``(h) Relationship to Requirements Payments.--Any payment to a
State under this section shall be in addition to any requirements
payment under section 251 and shall not be taken into account in
determining the amount of such payment under section 252.''.
(b) Clerical Amendments.--The table of contents of such Act is
amended by inserting after the item relating to section 296 the
following new item:
``PART 7--Payments to States for Implementation of Accessibility
Requirements
``Sec. 297. Payments to States for implementation of accessibility
requirements.''.
SEC. 208. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO ISSUANCE OF
VOLUNTARY GUIDANCE AND ENFORCEMENT.
(a) Issuance of Voluntary Guidance by Election Assistance
Commission.--Section 311 of the Help America Vote Act of 2002 (52
U.S.C. 21101) is amended--
(1) in subsection (a), by striking ``subtitle A'' and
inserting ``subtitles A and B''; and
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
sections 304 through 309, January 1, 2021.''; and
(3) by adding at the end the following new subsection:
``(d) Coordination With Office of Accessibility.--The Commission
shall coordinate with the Election Assistance Commission Office of
Accessibility established under section 223 in adopting recommendations
with respect to sections 304 through 309.''.
(b) Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is
amended by striking ``sections 301, 302, and 303'' and inserting
``subtitle A of title III''.
TITLE III--FEDERAL ASSISTANCE
SEC. 301. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES AND OLDER
INDIVIDUALS.
(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 in an individual's
place of residence accessible to individuals with the full
range of disabilities (including impairments involving vision,
hearing, mobility, cognition, 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, long-term care facilities, or other facilities in a
manner that provides the same opportunity for access and
participation (including privacy and independence) as for other
voters;
``(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 2021 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 (b), 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 2021 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).''.
SEC. 302. APPOINTMENTS TO EAC BOARD OF ADVISORS.
(a) In General.--Section 214(a) of the Help America Vote Act of
2002 (52 U.S.C. 20944(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``37'' and inserting ``49''; and
(2) by adding at the end the following new paragraphs:
``(17) Two members appointed by the National Council on
Disability.
``(18) Two members appointed by the Assistant Secretary of
Health and Human Services for Aging.
``(19) Four members from organizations, whose executive
leadership team consists of fifty-one percent of individuals
with disabilities, representing the interests of voters with
disabilities, of whom--
``(A) two members shall be appointed by the
Committee on Education and Labor of the House of
Representatives, of whom one shall be appointed by the
chair and one shall be appointed by the ranking
minority member; and
``(B) two members shall be appointed by the
Committee on Health, Education, Labor, and Pensions of
the Senate, of whom one shall be appointed by the chair
and one shall be appointed by the ranking minority
member.
``(20) Four members from organizations representing the
interests of older voters, of whom--
``(A) two members shall be appointed by the
Committee on Education and Labor of the House of
Representatives, of whom one shall be appointed by the
chair and one shall be appointed by the ranking
minority member; and
``(B) two members shall be appointed by the Special
Committee on Aging of the Senate, of whom one shall be
appointed by the chair and one shall be appointed by
the ranking minority member.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2021.
SEC. 303. REMOVAL OF LIMITATION ON USE OF FUNDS FOR PARTICIPATION OF
PROTECTION AND ADVOCACY SYSTEMS IN LITIGATION RELATED TO
ELECTION-RELATED DISABILITY ACCESS.
Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C.
21062(a)) is amended by striking ``; except that'' and all that follows
and inserting a period.
SEC. 304. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.
(a) Inclusion of System Serving American Indian Consortium.--
Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C.
21061(a)) is amended by striking ``of each State'' and inserting ``of
each State and the eligible system serving the American Indian
consortium (within the meaning of section 509(c)(1)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''.
(b) Grant Amount.--Section 291(b) of the Help America Vote Act of
2002 (52 U.S.C. 21061(b)) is amended--
(1) by striking ``as set forth in subsections (c)(3)'' and
inserting ``as set forth in subsections (c)(1)(B) (regardless
of the fiscal year), (c)(3)''; and
(2) by striking ``except that'' and all that follows and
inserting ``except that the amount of the grants to systems
referred to in subsection (c)(3)(B) of that section shall not
be less than $70,000 and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) of that
section shall not be less than $35,000.''.
(c) Definition.--Section 291 of the Help America Vote Act of 2002
(52 U.S.C. 21061) is amended by adding at the end the following:
``(d) State.--In this section, the term `State' means--
``(1) a State as defined in section 901; and
``(2) the Commonwealth of the Northern Mariana Islands.''.
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