52 U.S.C. § 20104 — Registration and voting aids

Page 27 TITLE 52—VOTING AND ELECTIONS § 20104 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–435, § 9, Sept. 28, 1984, 98 Stat. 1680, provided that: ‘‘This Act [enacting this chapter] shall apply with respect to elections taking place after December 31, 1985.’’ § 20102. Selection of polling facilities (a) Accessibility to all polling places as responsi- bility of each political subdivision Within each State, except as provided in sub- section (b), each political subdivision respon- sible for conducting elections shall assure that all polling places for Federal elections are acces- sible to handicapped and elderly voters. (b) Exception Subsection (a) shall not apply to a polling place— (1) in the case of an emergency, as deter- mined 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 ac- cessible place is available, nor is the polit- ical subdivision able to make one tempo- rarily accessible, in the area involved; and (B) assures that any handicapped or elder- ly 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 poll- ing place, or (ii) will be provided with an alternative means for casting a ballot on the day of the election. (c) Report to Federal Election Commission (1) Not later than December 31 of each even- numbered year, the chief election officer of each State shall report to the Federal Election Com- mission, in a manner to be determined by the Commission, the number of accessible and inac- cessible 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-num- bered year, the Federal Election Commission shall compile the information reported under paragraph (1) and shall transmit that informa- tion to the Congress. (3) The provisions of this subsection shall only be effective for a period of 10 years beginning on September 28, 1984. (Pub. L. 98–435, § 3, Sept. 28, 1984, 98 Stat. 1678.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. § 20103. Selection of registration facilities (a) Each State or political subdivision respon- sible for registration for Federal elections shall provide a reasonable number of accessible per- manent registration facilities. (b) Subsection (a) does not apply to any State that has in effect a system that provides an op- portunity for each potential voter to register by mail or at the residence of such voter. (Pub. L. 98–435, § 4, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. § 20104. Registration and voting aids (a) Printed instructions; telecommunications de- vices for the deaf Each State shall make available registration and voting aids for Federal elections for handi- capped and elderly individuals, including— (1) instructions, printed in large type, con- spicuously displayed at each permanent reg- istration facility and each polling place; and (2) information by telecommunications de- vices for the deaf. (b) Medical certification No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligi- bility, under State law— (1) to automatically receive an application or a ballot on a continuing basis; or (2) to apply for an absentee ballot after the deadline has passed. (c) Notice of availability of aids The chief election officer of each State shall provide public notice, calculated to reach elder- ly and handicapped voters, of the availability of aids under this section, assistance under section 10508 of this title, and the procedures for voting by absentee ballot, not later than general public notice of registration and voting is provided. (Pub. L. 98–435, § 5, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. Page 28 TITLE 52—VOTING AND ELECTIONS § 20105 1 So in original. Probably should be ‘‘possession’’. § 20105. Enforcement (a) Action for declaratory or injunctive relief If a State or political subdivision does not comply with this chapter, the United States At- torney General or a person who is personally ag- grieved by the noncompliance may bring an ac- tion for declaratory or injunctive relief in the appropriate district court. (b) Prerequisite notice of noncompliance An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) Attorney fees Notwithstanding any other provision of law, no award of attorney fees may be made with re- spect to an action under this section, except in any action brought to enforce the original judg- ment of the court. (Pub. L. 98–435, § 6, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. § 20106. Relationship to Voting Rights Act of 1965 This chapter shall not be construed to impair any right guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]. (Pub. L. 98–435, § 7, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in text, is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classi- fied generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ee–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. § 20107. Definitions As used in this chapter, the term— (1) ‘‘accessible’’ means accessible to handi- capped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election of- ficer of the State involved; (2) ‘‘elderly’’ means 65 years of age or older; (3) ‘‘Federal election’’ means a general, spe- cial, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) ‘‘handicapped’’ means having a tem- porary or permanent physical disability; and (5) ‘‘State’’ means a State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, and any territory or possesssion 1 of the United States. (Pub. L. 98–435, § 8, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. CHAPTER 203—REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOT- ERS AND OVERSEAS VOTERS IN ELEC- TIONS FOR FEDERAL OFFICE Sec. 20301. Federal responsibilities. 20301a. Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act. 20302. State responsibilities. 20303. Federal write-in absentee ballot in general elections for Federal office for absent uni- formed services voters and overseas voters. 20304. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. 20305. Federal Voting Assistance Program Improve- ments. 20306. Prohibition of refusal of applications on grounds of early submission. 20307. Enforcement. 20308. Reporting requirements. 20309. Effect on certain other laws. 20310. Definitions. 20311. Technology pilot program. Editorial Notes PRIOR PROVISIONS Provisions similar to this chapter were contained in subchapters I–D and I–E (1973cc et seq. and 1973dd et seq.) of chapter 20 of title 42 prior to repeal by Pub. L. 99–410 and then in subchapter I–G (1973ff et seq.) of chapter 20 of title 42 prior to editorial reclassification and renumbering as this chapter. § 20301. Federal responsibilities (a) Presidential designee The President shall designate the head of an executive department to have primary responsi- bility for Federal functions under this chapter. (b) Duties of Presidential designee The Presidential designee shall—