Page:United States Statutes at Large Volume 98 Part 2.djvu/518

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1678

PUBLIC LAW 98-435—SEPT. 28, 1984

Public Law 98-435 98th Congress An Act Sept. 28, 1984 [H.R. 1250] Voting Accessibility for the Elderly and Handicapped Act. 42 USC 1973ee note.

To improve access for handicapjaed and elderly individuals to registration facilities and polling places for Federal elections.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Voting Accessibility for the Elderly and Handicapped Act". PURPOSE

42 USC 1973ee.

SEC. 2. It is the intention of Congress in enacting this Act to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections. S ELECTION O F POLLING FACILITIES

42 USC 1973ee-l.

Report.

Effective date.

SEC. 3. (a) Within each State, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters. (b) Subsection (a) shall not apply to a polling place— (1) in the case of an emergency, as determined by the chief election officer of the State; or (2) if the chief election officer of the State— (A) determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and (B) assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter (pursuant to procedures established by the chief election officer of the State)— (i) will be assigned to an accessible polling place, or (ii) will be provided with an alternative means for casting a ballot on the day of the election. (c)(1) Not later than December 31 of each even-numbered year, the chief election officer of each State shall report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places in such State on the date of the preceding general Federal election, and the reasons for any instance of inaccessibility. (2) Not later than April 30 of each odd-numbered year, the Federal Election Commission shall compile the information reported under paragraph (1) and shall transmit that information to the Congress. (3) The provisions of this subsection shall only be effective for a period of 10 years beginning on the date of enactment of this Act.