[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1470 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1470

     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 SENATE OF THE UNITED STATES

                             April 29, 2021

   Mr. Casey (for himself, Ms. Klobuchar, Mr. Wyden, Mr. Brown, Ms. 
 Duckworth, Mr. Blumenthal, and Mr. Merkley) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             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 2021''.
    (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 voter 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. Study and report on accessible voting options.
Sec. 303. Appointments to EAC Board of Advisors.
Sec. 304. Removal of limitation on use of funds for participation of 
                            protection and advocacy systems in 
                            litigation related to election-related 
                            disability access.
Sec. 305. 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) identification of barriers to in-
                        person voting and strategies for remediating 
                        architectural, attitudinal, transportation, and 
                        other barriers to accessible in-person voting;
                            ``(ii) strategies to reduce adversely long 
                        wait times for casting ballots;
                            ``(iii) 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;
                            ``(iv) strategies and criteria to create 
                        expedited voting lines for those needing such 
                        service; or
                            ``(v) 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, including permitting shorter 
                shifts to accommodate individuals who cannot work a 
                full Election Day.
            ``(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, 
        2026, 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 2022 and 2023 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, 2023, 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 older individuals, individuals with disabilities, Native 
Americans, Alaska Natives, and individuals with limited proficiency in 
the English language are given an equivalent opportunity to vote, 
including with privacy and independence. The Center shall also identify 
barriers to accessible voting among these populations and propose 
solutions that States and localities can adopt.
    ``(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 2022 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) recent changes in State and Federal voting 
                procedures that impact individuals with disabilities or 
                older individuals;
                    ``(G) the rights and protections under State and 
                Federal law for individuals with disabilities and older 
                individuals to participate in elections; and
                    ``(H) 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, 2023.''.
    (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, 2023.''.
    (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, 2023.''.
    (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 VOTER 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 VOTER 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--
                    ``(A) request and utilize absentee ballot 
                procedures for elections for Federal office; and
                    ``(B) 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 from any eligible voter if the application is 
        received by the appropriate State election official not less 
        than 21 days before the election;
            ``(3) accept and process, with respect to any election for 
        Federal office, any otherwise valid 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;
            ``(4) 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));
            ``(5) 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);
                    ``(B) by which an eligible voter may designate 
                whether the eligible voter prefers that such absentee 
                ballot requests be transmitted and submitted by mail or 
                electronically; and
                    ``(C) under which, not later than 7 days after the 
                appropriate State or local election official has 
                approved or rejected an absentee ballot application, 
                the official shall provide the individual a notice of 
                the disposition of the application, and in the case of 
                rejection of the application provide the individual 
                with the reason for rejection and options to correct or 
                update their application;
            ``(6) 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;
            ``(7) 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
            ``(8) 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, 2023.''.
    (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) Requirement.--
            ``(1) In general.--Each State shall--
                    ``(A) ensure all polling places within the State 
                are accessible, as defined in section 304;
                    ``(B) that voter drop boxes are accessible for 
                use--
                            ``(i) by individuals with disabilities, as 
                        determined in consultation with the 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)) of the State;
                            ``(ii) by individuals with limited 
                        proficiency in the English language; and
                            ``(iii) by homeless individuals (as defined 
                        in section 103 of the McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 11302)) of the State;
                    ``(C) 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
                    ``(D) 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.
            ``(2) Rule of construction.--If a State provides a drop box 
        under this section on the grounds of or inside of a building or 
        facility which serves as a polling place for an election for 
        Federal office, nothing in this subsection may be construed to 
        waive any requirements regarding the accessibility of such 
        polling place for the use of individuals with disabilities or 
        individuals with limited proficiency in the English language.
    ``(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, 2023.''.
            (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 2021;
            ``(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, 2023, 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, 2023.''.
    (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, 2021.
            ``(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 2022 and 2023;
                    ``(B) $100,000,000 for fiscal years 2024 and 2025; 
                and
                    ``(C) $100,000,000 for fiscal years 2026 and 2027.
            ``(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, 2022.''; 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 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 (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 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).''.

SEC. 302. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

    (a) Study and Report.--The Election Assistance Commission (in this 
section referred to as the ``Commission''), in coordination with the 
Access Board and the Cybersecurity and Infrastructure Security Agency, 
shall make grants to not fewer than 3 eligible entities to study, test, 
and develop accessible and secure remote voting systems and voting, 
verification, and casting devices to enhance the accessibility of 
voting and verification for individuals with disabilities.
    (b) Eligibility.--An entity is eligible to receive a grant under 
this section if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            (1) certifications that the entity shall specifically 
        investigate enhanced methods or devices, including 
        nonelectronic devices, that will assist such individuals and 
        voters in marking voter-verified paper ballots and presenting 
        or transmitting the information printed or marked on such 
        ballots back to such individuals and voters, and casting such 
        ballots;
            (2) a certification that the entity shall complete the 
        activities carried out with the grant not later than January 1, 
        2024; and
            (3) such other information and certifications as the 
        Commission may require.
    (c) Availability of Technology.--Any technology developed with the 
grants made under this section shall be treated as non-proprietary and 
shall be made available to the public, including to manufacturers of 
voting systems.
    (d) Coordination With Grants for Technology Improvements.--The 
Commission shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271 of the Help America Vote Act of 2002 (52 
U.S.C. 21041), to the extent that the Director and Commission determine 
necessary to provide for the advancement of accessible voting 
technology.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $30,000,000, to remain 
available until expended.

SEC. 303. 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, 2022.

SEC. 304. 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. 305. 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.''.
                                 <all>