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

S. 3748, known as the "Accessible Voting Act of 2024", wants to make voting easier for people with disabilities and older folks by improving things like voting websites and polling places, and making sure everyone has a fair chance to vote.

Summary AI

S. 3748, also known as the “Accessible Voting Act of 2024”, aims to enhance voting accessibility for individuals with disabilities and older individuals in the United States. The bill proposes amendments to the Help America Vote Act of 2002 to establish an Election Assistance Commission Office of Accessibility. This office would oversee improvements such as creating accessible state election websites, establishing a national resource center on voting accessibility, and ensuring all polling places accommodate individuals with disabilities and older citizens. Additionally, it mandates that individuals with disabilities and older individuals have equal opportunities to vote in person and by absentee ballot, with protections for those under guardianship.

Published

2024-02-07
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-02-07
Package ID: BILLS-118s3748is

Bill Statistics

Size

Sections:
27
Words:
13,814
Pages:
67
Sentences:
275

Language

Nouns: 3,940
Verbs: 1,057
Adjectives: 790
Adverbs: 96
Numbers: 654
Entities: 748

Complexity

Average Token Length:
4.38
Average Sentence Length:
50.23
Token Entropy:
5.54
Readability (ARI):
27.79

AnalysisAI

The bill under consideration, S. 3748, introduced in the 118th Congress, seeks to amend the Help America Vote Act of 2002. The primary aim of this legislative proposal is to improve voting accessibility for individuals with disabilities, older individuals, and other marginalized groups, such as Native Americans and persons with limited English proficiency. By establishing new systems, guidelines, and funding mechanisms, the bill endeavors to enhance the voting experience for millions of Americans who may face challenges in accessing the electoral process.

General Summary

The Accessible Voting Act of 2024 introduces several key components aimed at enhancing electoral accessibility. It establishes the Election Assistance Commission Office of Accessibility and a National Resource Center on Accessible Voting. Additionally, it mandates the creation of accessible election websites at both the state and national levels. The bill outlines measures for improving absentee voting and ensuring polling sites are accessible, offering protections for in-person voting, and addressing the needs of individuals under guardianship. Furthermore, it proposes substantial federal funding to support these initiatives, spread over several years.

Significant Issues

Several issues arise from this bill that merit close examination:

  • Unclear Funding Caps: The bill authorizes substantial federal spending but lacks clear caps or limitations. For instance, annual appropriations of $500,000 for the Office of Accessibility and a minimum of $5,000,000 for the National Resource Center on Accessible Voting are stipulated without outlining upper limits. This open-ended funding can lead to potential misuse or inefficient allocation of resources.

  • Complexity and Ambiguity: The legislative language is complex and largely dependent on future guidelines, which may lead to different interpretations and inconsistent implementation across various states. Accessibility definitions and compliance requirements are especially intricate.

  • Implementation Timelines: The timelines for implementing provisions are potentially too tight, particularly given the legislative and technical changes required. This could pressure states to rush compliance efforts, which may compromise the effectiveness of these initiatives.

  • Vague Accountability Measures: There is a noticeable absence of penalties or enforcement mechanisms for states failing to meet the outlined requirements after receiving payments, which might undermine the bill’s intent to ensure accessibility.

Impact on the Public

Broadly, the bill aims to enhance the democratic engagement of historically underrepresented groups by eliminating barriers to voting. Should the bill be effectively executed, it could significantly elevate public confidence in the accessibility and fairness of the electoral process. However, the potential for uneven implementation across states due to varying interpretations and resource capabilities could limit its universal impact.

Impact on Specific Stakeholders

For individuals with disabilities and older voters, this bill promises greater ease and privacy in participating in elections. It seeks to empower these groups with better access to voter registration and polling places, thus facilitating their involvement in democratic governance.

State governments may face challenges adhering to the new federal requirements, especially where funding, technical expertise, or administrative capacity may be lacking. Election officials will need to navigate an expanded set of responsibilities, potentially requiring new partnerships and training programs.

Federal agencies, through meaningful oversight and funding management, have both opportunities and responsibilities. They can significantly influence the success of this initiative by providing guidance and resources to ensure the states meet high standards of accessibility.

In summary, while the bill’s vision to expand accessibility in voting is commendable, its success hinges on clear implementation guidelines, consistent funding accountability, and effective collaboration between federal agencies and state governments.

Financial Assessment

In examining the financial aspects of the “Accessible Voting Act of 2024,” it is vital to note the planned expenditures and their implications based on the bill's text and the identified issues.

Financial Allocations and Spending

The bill outlines several financial allocations intended to enhance voting accessibility for individuals with disabilities and older individuals:

  1. Election Assistance Commission Office of Accessibility: The legislation authorizes $500,000 annually for fiscal years 2025 and 2026, with provision for unspecified additional funds in future years. This funding aims to support the establishment and operation of the new Office of Accessibility, which will advocate for voting access improvements and work with various government entities to ensure compliance with accessibility standards.

  2. National Resource Center on Accessible Voting: The bill provides at least $5,000,000 annually starting in fiscal year 2025. This funding will support the Center's efforts to provide technical assistance and resources to ensure accessible voting options are available nationwide.

  3. Payments to States for Accessibility Requirements: The bill allocates $100,000,000 for varying periods covering fiscal years 2025 through 2030, with payments specifically designed to assist states in making voting websites and procedures more accessible.

  4. Study and Report on Accessible Voting Options: The bill authorizes $30,000,000 for grants to study and develop accessible voting systems, encouraging advancements in this area.

Issues Related to Financial Provisions

Several concerns arise from the financial provisions in the bill, as highlighted in the identified issues:

  • Unspecified Future Funding: The authorization of further funds beyond the specified amounts, without an upper limit, presents concerns about unchecked future expenditures. This lack of specific caps could lead to potential financial inefficiencies and vulnerabilities (Issues 1 and 5).

  • Ambiguity in Grant Distribution: The bill lacks specific criteria and guidelines for allocating grants and evaluating their effectiveness. This absence may lead to an uneven distribution of resources and potential favoritism in partnering with organizations, which could undermine the equitable implementation of accessibility improvements (Issues 3 and 9).

  • Lack of Accountability Measures: There is no clear system of penalties or consequences for states that fail to meet the accessibility requirements after receiving funding. This omission could weaken the bill's impact by allowing non-compliance without repercussion, which poses a risk of misuse of the allocated financial resources (Issue 5).

Overall, while the bill allocates significant funding to improve voting accessibility, it raises potential issues related to financial oversight, equitable distribution, and accountability. Addressing these concerns could ensure that the allocated funds effectively contribute to the intended improvements in voting accessibility for individuals with disabilities and older individuals.

Issues

  • The bill provides substantial funding without clear caps or limitations, potentially leading to unchecked future expenditures. This is evident in sections such as 101 and 102, where the appropriations are specified as $500,000 annually without a clear upper limit and $5,000,000 annually, respectively. Such vague funding parameters can lead to financial vulnerabilities for wasteful spending.

  • The language throughout the bill regarding accessibility and compliance is complex and heavily reliant on future amendments and guidelines, which can create ambiguity in interpretations and implementation. Sections 101, 102, and 103 have language that may be considered overly complex for a wider audience, possibly leading to misunderstandings.

  • There is an absence of specific criteria and guidelines for the distribution of grants and the monitoring of their effectiveness in sections 102, 224, and 297. This lack of clarity can lead to inequitable allocation of funds and inefficient use of resources, creating opportunities for favoritism or conflicts of interest.

  • The timelines prescribed in the bill for the implementation of various provisions, such as in sections 307, 309, and 302, may not provide enough time for comprehensive compliance, particularly given the legislative and technical adjustments required from the states. This could result in rushed or incomplete implementations that compromise the intended impact of the bill.

  • The bill does not specify penalties or consequences for states that fail to meet the accessibility requirements after receiving payments, as seen in section 297. This lack of accountability could undermine the bill's effectiveness in ensuring voting access for individuals with disabilities and older individuals.

  • The requirement to consider 'mobile polling sites' in section 308 and the option for multiple electronic communication methods in section 307 may not adequately address concerns about security, privacy, and logistical complexities. This can lead to potential inconsistencies in how these solutions are implemented across different states.

  • There are no explicit definitions or examples for terms such as 'accessible' in section 304, which can lead to confusion and varied interpretations across different states, potentially resulting in inconsistent application of accessibility measures.

  • Concerns about overlapping duties with existing entities and procedural complexities arise in sections 101 and 223 regarding the roles of the Director and Deputy Director, potentially leading to inefficient bureaucracy and slowing down necessary appointments and processes.

  • The bill allows potential favoritism in selecting organizations for partnerships and grants without detailed selection criteria, as noted in sections 102 and 224. This could lead to biased or unequal support for certain organizations over others based on subjective interpretations.

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, where the Election Assistance Commission (EAC) will issue voluntary guidance related to sections 304 through 309 by January 1, 2025, and must coordinate with the Office of Accessibility. It also updates enforcement references in the Act to include all of subtitle A of title III.

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.