,i #aafth ,,congress #ast ,session ,h4 ,r4 #aegc ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjai,ms4 ,scanlon 7for herself and ,mr4 ,sarbanes7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to promote access to voter registration and voting for individuals with disabilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,disability ,voting ,rights ,act4 #b4 ,requirements for ,states to promote access to voter registration and voting for individuals with disabilities 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating sections #cjd and #cje as sections #cje and #cjf2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,access to voter registration and voting for individuals with disabilities 7a7 ,treatment of applications and ballots ,each ,state shall-- 7#a7 permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for ,federal office2 7#b7 accept and process1 with respect to any election for ,federal office1 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 not less than #cj days before the election2 7#c7 in addition to any other method of registering to vote or applying for an absentee ballot in the ,state1 establish procedures-- 7,a7 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 7c72 7,b7 for ,states to send by mail and electronically 7in accordance with the preferred method of transmission designated by the individual under subparagraph 7,c77 voter registration applications and absentee ballot applications requested under subparagraph 7,a7 in accordance with subsection 7c72 and 7,c7 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 electronically2 7#d7 in addition to any other method of transmitting blank absentee ballots in the ,state1 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 7d72 7#e7 transmit a validly requested absentee ballot to an individual with a disability-- 7,a7 except as provided in subsection 7e71 in the case in which the request is received at least #de days before an election for ,federal office1 not later than #de days before the election2 and 7,b7 in the case in which the request is received less than #de days before an election for ,federal office-- 7i7 in accordance with ,state law2 and 7ii7 if practicable and as determined appropriate by the ,state1 in a manner that expedites the transmission of such absentee ballot2 and 7#f7 if the ,state declares or otherwise holds a runoff election for ,federal office1 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 election4 7b7 ,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 ,state4 7c7 ,designation of ,means of ,electronic ,communication for ,individuals with ,disabilities ,to ,request and for ,states ,to ,send ,voter ,registration ,applications and ,absentee ,ballot ,applications1 and for ,other ,purposes ,related to ,voting ,information 7#a7 ,in general ,each ,state shall1 in addition to the designation of a single ,state office under subsection 7b71 designate not less than #a means of electronic communication-- 7,a7 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 7a77#c72 7,b7 for use by ,states to send voter registration applications and absentee ballot applications requested under such subsection2 and 7,c7 for the purpose of providing related voting1 balloting1 and election information to individuals with disabilities4 7#b7 ,clarification regarding provision of multiple means of electronic communication ,a ,state may1 in addition to the means of electronic communication so designated1 provide multiple means of electronic communication to individuals with disabilities1 including a means of electronic communication for the appropriate jurisdiction of the ,state4 7#c7 ,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 disabilities4 7#d7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under subsection 7a77#c77;,c71 the ,state shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7d7 ,transmission of blank absentee ballots by mail and electronically 7#a7 ,in general ,each ,state shall establish procedures-- 7,a7 to securely transmit blank absentee ballots by mail and electronically 7in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph 7,b77 to individuals with disabilities for an election for ,federal office2 and 7,b7 by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically4 7#b7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under paragraph 7#a77;,b71 the ,state shall transmit the ballot by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7#c7 ,application of methods to track delivery to and return of ballot by individual requesting ballot ,under the procedures established under paragraph 7#a71 the ,state shall apply such methods as the ,state considers appropriate1 such as assigning a unique identifier to the ballot1 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 subsection1 the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the ,state transmitted to the individual4 7e7 ,hardship ,exemption 7#a7 ,in general ,if the chief ,state election official determines that the ,state is unable to meet the requirement under subsection 7a77#e77;,a7 with respect to an election for ,federal office due to an undue hardship described in paragraph 7#b77;,b71 the chief ,state election official shall request that the ,attorney ,general grant a waiver to the ,state of the application of such subsection4 ,such request shall include-- 7,a7 a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for ,federal office2 7,b7 an explanation of the hardship that indicates why the ,state is unable to transmit such individuals an absentee ballot in accordance with such subsection2 7,c7 the number of days prior to the election for ,federal office that the ,state requires absentee ballots be transmitted to such individuals2 and 7,d7 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 office1 which includes-- 7i7 the steps the ,state will undertake to ensure that such individuals have time to receive1 mark1 and submit their ballots in time to have those ballots counted in the election2 7ii7 why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection2 and 7iii7 the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements4 7#b7 ,approval of waiver request ,the ,attorney ,general shall approve a waiver request under paragraph 7#a7 if the ,attorney ,general determines each of the following requirements are met3 7,a7 ,the comprehensive plan under subparagraph 7,d7 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 office4 7,b7 ,one or more of the following issues creates an undue hardship for the ,state3 7i7 ,the ,state's primary election date prohibits the ,state from complying with subsection 7a77#e77;,a74 7ii7 ,the ,state has suffered a delay in generating ballots due to a legal contest4 7iii7 ,the ,state ,constitution prohibits the ,state from complying with such subsection4 7#c7 ,timing of waiver 7,a7 ,in general ,except as provided under subparagraph 7,b71 a ,state that requests a waiver under paragraph 7#a7 shall submit to the ,attorney ,general the written waiver request not later than #ij days before the election for ,federal office with respect to which the request is submitted4 ,the ,attorney ,general shall approve or deny the waiver request not later than #fe days before such election4 7,b7 ,exception ,if a ,state requests a waiver under paragraph 7#a7 as the result of an undue hardship described in paragraph 7#b77;,b77ii71 the ,state shall submit to the ,attorney ,general the written waiver request as soon as practicable4 ,the ,attorney ,general shall approve or deny the waiver request not later than #e business days after the date on which the request is received4 7#d7 ,application of waiver ,a waiver approved under paragraph 7#b7 shall only apply with respect to the election for ,federal office for which the request was submitted4 ,for each subsequent election for ,federal office1 the ,attorney ,general shall only approve a waiver if the ,state has submitted a request under paragraph 7#a7 with respect to such election4 7f7 ,rule of construction ,nothing in this section may be construed to allow the marking or casting of ballots over the internet4 7g7 ,individual with a disability defined ,in this section1 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 office4 7h7 ,effective date ,this section shall apply with respect to elections for ,federal office held on or after ,january #a1 #bjbj4 4 7b7 ,conforming amendment relating to issuance of voluntary guidance by election assistance commission ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#b72 7#b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 in the case of the recommendations with respect to section #cjd1 ,january #a1 #bjbj4 4 7c7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 and #cjc and inserting subtitle ,a of title ,,iii4 7d7 ,clerical amendment ,the table of contents of such ,act is amended-- 7#a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf2 and 7#b7 by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjd4 ,access to voter registration and voting for individuals with disabilities4 4 #c4 ,expansion and reauthorization of grant program to assure voting access for individuals with disabilities 7a7 ,purposes of payments ,section #bfa7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajba7;b77 is amended by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 making absentee voting and voting at home accessible to individuals with the full range of disabilities 7including impairments involving vision1 hearing1 mobility1 or dexterity7 through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes1 independent living centers1 or other facilities2 7#b7 making polling places1 including the path of travel1 entrances1 exits1 and voting areas of each polling facility1 accessible to individuals with disabilities1 including the blind and visually impaired1 in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 and 7#c7 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 disabilities4 4 7b7 ,reauthorization ,section #bfd7;a7 of such ,act 7#eb ,u4,s4,c4 #bajbd7;a77 is amended by adding at the end the following new paragraph3 7#d7 ,for fiscal year #bjbj and each succeeding fiscal year1 such sums as may be necessary to carry out this part4 4 7c7 ,period of availability of funds ,section #bfd of such ,act 7#eb ,u4,s4,c4 #bajbd7 is amended-- 7#a7 in subsection 7b71 by striking ,any amounts and inserting ,except as provided in subsection 7b71 any amounts2 and 7#b7 by adding at the end the following new subsection3 7c7 ,return and transfer of certain funds 7#a7 ,deadline for obligation and expenditure ,in the case of any amounts appropriated pursuant to the authority of subsection 7a7 for a payment to a ,state or unit of local government for fiscal year #bjbj or any succeeding fiscal year1 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 #d-year period which begins on the date the ,state or unit of local government first received the amounts shall be transferred to the ,commission4 7#b7 ,reallocation of transferred amounts 7,a7 ,in general ,the ,commission shall use the amounts transferred under paragraph 7#a7 to make payments on a pro rata basis to each covered payment recipient described in subparagraph 7,b71 which may obligate and expend such payment for the purposes described in section #bfa7;b7 during the #a-year period which begins on the date of receipt4 7,b7 ,covered payment recipients described ,in subparagraph 7,a71 a covered payment recipient is a ,state or unit of local government with respect to which-- 7i7 amounts were appropriated pursuant to the authority of subsection 7a72 and 7ii7 no amounts were transferred to the ,commission under paragraph 7#a74 4