Overview
Title
To amend the Help America Vote Act of 2002 to increase voting accessibility for individuals with disabilities and older individuals, and for other purposes.
ELI5 AI
The bill wants to make it easier for people with disabilities and older folks to vote by helping set up better websites and voting places, but some worry about how much it might cost and if there’s enough time to get everything done.
Summary AI
H.R. 7389, also known as the “Accessible Voting Act of 2024,” aims to amend the Help America Vote Act of 2002 to make voting more accessible for individuals with disabilities and older individuals. The bill proposes establishing an Office of Accessibility within the Election Assistance Commission, creating accessible election websites, and providing grants for ensuring voting places are accessible. It requires states to allow no-excuse absentee voting and mandates safeguards for individuals under guardianship. The bill emphasizes improving voting access through federal oversight and financial support to states and local governments.
Published
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AnalysisAI
The "Accessible Voting Act of 2024," as proposed by the United States Congress, aims to amend the Help America Vote Act of 2002 by enhancing voting accessibility. This bill intends to make significant strides in ensuring that individuals with disabilities, older individuals, Native Americans, Alaska Natives, and those with limited English proficiency can participate in elections without undue barriers. It proposes measures to establish new offices, create accessible voting resources, and provide federal assistance to states for implementing accessibility improvements.
Summary of Significant Issues
A key concern raised by the bill is the lack of defined fiscal caps for appropriations, particularly in the section establishing the Election Assistance Commission Office of Accessibility. This could lead to uncontrolled spending, creating financial uncertainties. Furthermore, the requirement for states to build accessible election websites might impose significant financial and logistical pressures without guaranteed federal backing, potentially straining state budgets.
Another point of contention is the minimum payment clause in the bill, which ensures each state receives at least $1,000,000 for accessibility improvements. This approach could be seen as wasteful, especially for states with smaller populations that may not require such substantial funding.
Overall, the bill mandates extensive accessibility improvements across several domains but falls short on specifying funding mechanisms, casting doubt on the feasibility of its implementation. Moreover, the timeline set for several provisions to take effect by January 1, 2025, might not allow sufficient time for states to comply effectively, risking rushed and incomplete implementations.
Impact on the Public
Broadly, the bill holds the potential to significantly improve voting accessibility for populations that have historically faced voting challenges. By addressing physical, informational, and procedural barriers, it could empower millions of people who otherwise might struggle to exercise their democratic rights. The emphasis on accessible websites and voting systems could also modernize the overall voting experience, making it more user-friendly and inclusive for everyone.
Impact on Specific Stakeholders
Individuals with Disabilities and Older Individuals: These groups are at the center of the bill. Enhanced accessibility measures could dramatically improve their voting experience by ensuring polling places and voting processes cater to their needs. However, the successful implementation of such measures depends on careful execution at state and federal levels.
State Governments: States might feel the pressure of implementing these measures within the specified timeframe, especially absent specific federal funding support to aid their efforts. Smaller states or those with limited resources might find the unfunded mandates challenging to fulfill, leading to potential disparities in accessibility improvements nationwide.
Election Officials and Polling Workers: They will need to adapt to new systems and protocols mandated by the bill. The training and resources provided through state and federal programs could ease this transition, but it might also require a significant time investment to ensure thorough understanding and compliance with new regulations.
Advocacy Groups: Organizations advocating for the rights of individuals with disabilities and older voters may view the bill positively, as it addresses long-standing issues regarding electoral access and participation. However, they might also need to monitor the legislation's implementation closely to ensure its effectiveness and accountability.
In conclusion, while the "Accessible Voting Act of 2024" sets forth a promising vision to enhance voting accessibility nationwide, its practical implications are heavily dependent on the detailing of funding sources and realistic timelines. Bridging these gaps will be crucial to ensure that the bill achieves its commendable intentions without imposing undue burdens on states or diluting its anticipated impact.
Financial Assessment
The Accessible Voting Act of 2024 introduces several provisions relevant to financial allocations and spending, with the goal of improving voting accessibility for individuals with disabilities and older individuals. The following commentary explores these financial references and the related issues.
Financial Allocations and Spending
Office of Accessibility Appropriations: The bill authorizes appropriations of $500,000 for each of fiscal years 2025 and 2026, with provisions for necessary funds in subsequent years. This funding relates to the establishment and operations of the newly created Election Assistance Commission Office of Accessibility. However, concerns arise due to the lack of a specific fiscal cap for future appropriations, which could potentially lead to uncontrolled expenditure.
National Resource Center on Accessible Voting: An appropriation of not less than $5,000,000 annually starting in fiscal year 2025 is designated for this center. While the expenditure aims to address unique voting challenges, the bill lacks specific metrics or outcomes to justify this allocation, potentially leading to inefficiencies.
State Payments for Accessibility Requirements: The bill outlines payments to states, with a total of $100,000,000 allocated for fiscal years 2025 and 2026, and similar amounts for subsequent two-year periods up to 2030. Each state's share is based on its voting age population, with a minimum payment of $1,000,000 per state. This provision could lead to unequal distribution, particularly affecting states with smaller populations, and might also be seen as wasteful.
Study and Report on Accessible Voting Options: An appropriation of $30,000,000 is authorized for studying and developing accessible and secure voting systems. The funding's intended improvement of voting access through new technologies must be balanced with accountability measures to prevent wasteful spending.
Issues and Concerns
The financial allocations in the bill relate to several identified issues, primarily concerning the implementation, distribution, and oversight of funds:
Unfunded Mandates: Section 201 requires states to establish accessible websites without providing federal funding or assistance, posing potential financial burdens.
Oversight and Accountability: The bill lacks specific oversight mechanisms to ensure funds, especially those for state payments and grant expansions, are spent effectively. This absence could result in wasteful expenditures and inefficiencies.
Implementation Feasibility: Concerns regarding the practicality of implementing the financial allocations by the strict deadline of January 1, 2025, may lead to rushed or incomplete compliance, thus affecting the effectiveness of the allocated funds.
Overall, while the bill proposes significant financial resources to enhance voting accessibility, careful attention to accountability, oversight, and equitable distribution is crucial to achieving the intended outcomes efficiently.
Issues
The lack of a specific fiscal cap for authorized appropriations in the 'Election Assistance Commission Office of Accessibility' (Section 101) could lead to uncontrolled expenditure, raising financial concerns about unchecked future spending.
The requirement for all States to establish accessible election websites and related procedures in Section 201 imposes significant financial and logistical burdens without providing federal funding or assistance, potentially leading to unfunded mandates and financial strains on States.
The provision for pro rata reductions and a minimum payment of $1,000,000 to each State in Section 297 could lead to unequal distribution and be perceived as wasteful, particularly for States with smaller populations.
The bill mandates extensive accessibility improvements and oversight mechanisms but does not adequately specify funding sources, raising concerns about feasibility and practicality of implementation across various sections, including Sections 204, 205, and 206.
The establishment of a 'National Resource Center on Accessible Voting' with a minimum annual appropriation of $5,000,000, as outlined in Section 102, lacks specific metrics or outcomes to justify this expenditure, raising concerns about potential financial inefficiencies.
The broad language and lack of specifics in several sections, such as the scope of duties for the Office of Accessibility in Section 101 and requirements for State accessible election websites in Section 201, could lead to misinterpretations and inconsistencies in application, resulting in legal and procedural challenges.
The provisions to expand and reauthorize grant programs and provide funds to States for accessibility improvements in Sections 301 and 302 do not specify an oversight mechanism, leading to potential wasteful spending.
The timeline for implementing numerous requirements by January 1, 2025, specified across multiple sections, including Sections 202, 204, and 205, might not provide sufficient time for compliance, leading to rushed or incomplete implementations.
There is a lack of explicitly defined performance measures or accountability mechanisms to evaluate the effectiveness of the Office of Accessibility and other initiatives, making it difficult to assess the utility of the funds spent, as pointed out in several sections, including Sections 101 and 224.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Accessible Voting Act of 2024 outlines various measures to ensure accessible voting for all, including establishing a special office and websites to support accessible voting, providing absentee voting options, and protection measures for disabled and older individuals. The Act also includes grants and studies to improve voting access, with detailed state requirements and federal assistance programs to aid in implementing these accessibility features.
2. Findings; purpose Read Opens in new tab
Summary AI
Congress recognizes ongoing challenges in voting access for groups such as older individuals, those with disabilities, Native Americans, and people with limited English skills, despite existing laws. This Act aims to improve their voting access by providing resources to enhance election accessibility and increasing federal oversight.
101. Establishment of the Election Assistance Commission Office of Accessibility Read Opens in new tab
Summary AI
The section establishes the Election Assistance Commission Office of Accessibility, which advocates for voters with access needs, such as individuals with disabilities and older adults, to improve voting accessibility and compliance with federal standards. It outlines the duties of the office, which include promoting accessible voting systems, evaluating state proposals for voter accessibility, and providing educational resources, and describes the roles of the Director and Deputy Director of Accessibility.
Money References
- “(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 2025 and 2026 and such sums as may be necessary for each succeeding year.”
223. Election Assistance Commission Office of Accessibility Read Opens in new tab
Summary AI
The Election Assistance Commission Office of Accessibility is established to advocate for and improve voting accessibility for individuals with disabilities, older adults, Native Americans, Alaska Natives, and those with limited English proficiency. It aims to educate election officials, ensure compliance with accessibility standards, provide educational resources, evaluate State proposals, and recommend policies to enhance voters' experience, while being overseen by a Director appointed every four years.
Money References
- (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 2025 and 2026 and such sums as may be necessary for each succeeding year.
102. National Resource Center on Accessible Voting Read Opens in new tab
Summary AI
The section establishes the National Resource Center on Accessible Voting to help ensure that older individuals, people with disabilities, Native Americans, Alaska Natives, and those with limited English proficiency can vote independently and privately. It outlines that the Center will provide information and assistance to election officials and workers, identify voting barriers, involves partnerships with organizations experienced in these areas, and authorizes funding of at least $5 million annually starting from 2025.
Money References
- “(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 2025 and each succeeding fiscal year.
224. National Resource Center on Accessible Voting Read Opens in new tab
Summary AI
The section requires the establishment of a National Resource Center on Accessible Voting by the Office of Accessibility by January 1, 2025, to help ensure that older individuals, people with disabilities, Native Americans, Alaska Natives, and those with limited English proficiency can vote easily and privately. It mandates the Center to provide assistance and resources to election officials and identifies eligible entities for grants based on expertise, experience, and certain partnerships, with a minimum of $5 million authorized annually for funding.
Money References
- (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 2025 and each succeeding fiscal year.
103. Establishment of national voter accessibility website Read Opens in new tab
Summary AI
The section establishes a national website to help individuals with disabilities and older people access voter information easily. The website will also provide resources for local election officials to ensure polling places are accessible, maintain a database of voter complaints, and ensure the anonymity of individuals who submit complaints.
225. Establishment of national voter accessibility website Read Opens in new tab
Summary AI
The bill section outlines the creation of a national voter accessibility website managed by the Office of Accessibility. This website will provide accessible voting information tailored for individuals with disabilities and older voters, offer details on state voting laws, and host a database of voting complaints, with outcomes of these complaints made public while keeping the complainants anonymous.
201. Establishment and maintenance of State accessible election websites Read Opens in new tab
Summary AI
The section outlines requirements for each state to create accessible election websites that provide information and support for local election officials and voters, especially individuals with disabilities and older voters. It mandates partnerships with technical organizations to ensure websites are easy to use, establishes a committee to develop a state plan, and involves monitoring for accessibility through collaborations with various advocacy groups, with all provisions taking effect from January 1, 2025.
304. Establishment and maintenance of accessible election websites Read Opens in new tab
Summary AI
Each state must ensure that their election websites are accessible to people with disabilities and older individuals, providing necessary information and resources for voting. States are required to partner with technical organizations and various advocacy groups to create, maintain, and monitor these accessible websites, which must comply with web accessibility standards.
202. Designation of single State office Read Opens in new tab
Summary AI
The section requires each state to designate a single office responsible for providing information about federal elections to individuals with disabilities and older individuals. This office must maintain an accessible election website, provide voting information, audit polling places for accessibility, assist election officials with accessible voting systems, include accessibility information in training, and promote hiring individuals with disabilities and older individuals as poll workers. This requirement takes effect on January 1, 2025.
305. Designation of single State office to provide information for all individuals with disabilities and older individuals in the State Read Opens in new tab
Summary AI
The section requires each state to create a single office that gives information about voting in federal elections to people with disabilities and older people. This office will maintain an accessible election website, provide voter information, audit polling places for accessibility, help set up accessible voting systems, work with advocacy groups, integrate accessibility into training, train poll workers, and encourage hiring individuals with disabilities and older people as election staff, starting January 1, 2025.
203. Transparency regarding changes Read Opens in new tab
Summary AI
The section requires States or political subdivisions to give public notice if they make voting-related changes within 180 days before a federal election, detailing any differences in voting procedures or polling place resources. This notice must be accessible to people with disabilities and older individuals and provided by electronic or mail updates when requested, with specific deadlines for posting these changes to help ensure transparency and accessibility in the electoral process.
306. Transparency regarding changes Read Opens in new tab
Summary AI
The section focuses on transparency regarding voting changes and polling place resources. It requires states or political subdivisions to publicly disclose changes to voting processes at least 180 days before a Federal election, including updates to polling place resources, ensuring that information is accessible to voters, individuals with disabilities, and older people.
204. Access to absentee voter registration procedures and no-excuse absentee voting for all voters Read Opens in new tab
Summary AI
The bill section outlines new rules for absentee voting in federal elections, requiring states to let all eligible voters register and vote by absentee ballot without needing an excuse. It also mandates states to offer electronic options for requesting and submitting registration and ballot applications, ensures accessible communication methods, and prohibits online voting. These changes take effect for elections held on or after January 1, 2025.
307. Access to absentee voter registration procedures and no-excuse absentee voting for all voters Read Opens in new tab
Summary AI
Each state must allow eligible voters to register and vote absentee without an excuse by providing electronic and mail options for absentee ballots and voter registrations. The section sets guidelines for securely transmitting and tracking absentee ballots while ensuring these processes are accessible and protecting voter privacy.
205. Protections for in-person voting for individuals with disabilities and older individuals Read Opens in new tab
Summary AI
The section amends election laws to improve voting access for individuals with disabilities and older people by ensuring polling places and voter drop boxes are accessible, reducing wait times, and allowing for mobile polling at long-term care facilities. It includes updates to terminology throughout related legislation and ensures these changes take effect for federal elections beginning January 1, 2025.
308. Access to voting for individuals with disabilities and older individuals Read Opens in new tab
Summary AI
Each state must ensure polling places and voter drop boxes are accessible for individuals with disabilities, those with limited English proficiency, and homeless individuals. Additionally, states should address long wait times and consider mobile polling sites to assist residents in long-term care facilities, starting with elections held on or after January 1, 2025.
206. Protections for individuals subject to guardianship Read Opens in new tab
Summary AI
In this bill section, it is stated that a state cannot decide a person cannot vote in a federal election just because they are under guardianship, unless a court clearly shows the person cannot express a wish to vote, even with help. This rule will begin applying to elections from January 1, 2025.
309. Protections for individuals subject to guardianship Read Opens in new tab
Summary AI
A State cannot decide that a person cannot vote in a Federal election just because they have a guardian, unless a court order clearly shows the person cannot express the wish to vote, even with help. This rule starts for elections on or after January 1, 2025.
207. Payments to States for implementation of accessibility requirements Read Opens in new tab
Summary AI
The bill amends the Help America Vote Act of 2002 to authorize payments to states to improve accessibility for voters with disabilities and older voters, ensuring that election websites are accessible to everyone and not separate for these groups. States must apply for these funds, use them as specified, and submit reports on their spending and activities, while the Director sets guidelines and submits reports to relevant congressional committees.
Money References
- “(C) MINIMUM PAYMENT.—The amount of any payment made to an eligible State under this section shall not be less than $1,000,000.
- — “(1) IN GENERAL.—There are authorized to be appropriated to carry out the provisions of this section— “(A) $100,000,000 for fiscal years 2025 and 2026; “(B) $100,000,000 for fiscal years 2027 and 2028; and “(C) $100,000,000 for fiscal years 2029 and 2030. “
297. Payments to States for implementation of accessibility requirements Read Opens in new tab
Summary AI
The bill section describes how funds will be allocated to states to improve accessibility for voters with disabilities and older individuals, requiring states to use the money to make existing election websites accessible and to collaborate with disability and aging advocates. It outlines the application process for states to receive payments, mandates at least 10% of funds go towards local government improvements, specifies reporting requirements for states and the Director, and authorizes appropriations of $100 million for each two-year period from 2025 to 2030.
Money References
- — (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.
- (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 2025 and 2026; (B) $100,000,000 for fiscal years 2027 and 2028; and (C) $100,000,000 for fiscal years 2029 and 2030.
208. Technical and conforming amendments relating to issuance of voluntary guidance and enforcement Read Opens in new tab
Summary AI
The section outlines changes to the Help America Vote Act of 2002, including updates to issue voluntary guidance and recommendations by the Election Assistance Commission, and revises enforcement provisions by specifying relevant sections for guidance and coordination with the Office of Accessibility.
301. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities and older individuals Read Opens in new tab
Summary AI
The section expands and continues funding for a program to ensure voting access for people with disabilities and older individuals by making absentee voting and polling places more accessible, and allocating necessary funds each year. It also sets rules for unused funds, requiring them to be returned and reallocated to other states or local governments that can use them within a year.
302. Study and report on accessible voting options Read Opens in new tab
Summary AI
The section mandates the Election Assistance Commission to provide grants to at least three eligible entities to study and develop secure, accessible remote voting technology for individuals with disabilities, ensuring the technology is non-proprietary and publicly available. The entities must complete their work by January 2026, and $30 million is authorized for these activities, which should be coordinated with existing research efforts to improve voting technology.
Money References
- (e) Authorization of appropriations.—There is authorized to be appropriated to carry out subsection (a) $30,000,000, to remain available until expended.
303. Appointments to EAC Board of Advisors Read Opens in new tab
Summary AI
The section amends the Help America Vote Act of 2002 to increase the number of members on the Election Assistance Commission Board of Advisors from 37 to 49. It includes new appointments by the National Council on Disability, Assistant Secretary of Health and Human Services for Aging, and several congressional committees, focusing on representing voters with disabilities and older voters. These changes will take effect on January 1, 2025.
304. Removal of limitation on use of funds for participation of protection and advocacy systems in litigation related to election-related disability access Read Opens in new tab
Summary AI
The section removes restrictions on the use of funds for protection and advocacy groups to engage in lawsuits concerning election-related disability access, by amending the Help America Vote Act of 2002.