52 U.S.C. § 20101 — Congressional declaration of purpose

Page 26 TITLE 52—VOTING AND ELECTIONS § 20101 cy, and the United States Postal Service, shall take all practical steps to establish procedures to enable a com- prehensive end-to-end ballot tracking system for all ab- sentee ballots cast by military and other eligible over- seas voters under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq. Within 200 days of the date of this order, the Secretary of Defense shall submit a report to the Assistant to the President for Domestic Policy with a strategic plan for estab- lishing the aforementioned tracking system. (d) The head of each agency with overseas employees shall designate an employee to be responsible for co- ordinating with the Federal Voting Assistance Pro- gram, including to promote voter registration and vot- ing services available to the agency’s overseas employ- ees. The Director of the Office of Management and Budget may issue guidance to assist agencies in mak- ing such designations. SEC. 9. Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody. (a) The Attorney General shall establish procedures, consistent with applicable law, to provide educational materials related to voter registration and voting and, to the extent practicable, to facilitate voter registration, for all eligible individ- uals in the custody of the Federal Bureau of Prisons. Such educational materials shall be incorporated into the reentry planning procedures required under section 4042(a)(7) of title 18, United States Code. The edu- cational materials should also notify individuals leav- ing Federal custody of the restrictions, if any, on their ability to vote under the laws of the State where the individual resides and, if any such restrictions exist, the point at which the individual’s rights will be re- stored under applicable State law. (b) The Attorney General shall establish procedures, consistent with applicable law, to ensure the United States Marshals Service includes language in intergov- ernmental agreements and jail contracts to require the jails to provide educational materials related to voter registration and voting, and to facilitate voting by mail, to the extent practicable and appropriate. (c) The Attorney General shall establish procedures, consistent with applicable law, for coordinating with the Probation and Pretrial Services Office of the Ad- ministrative Office of the United States Courts to pro- vide educational materials related to voter registration and voting to all eligible individuals under the super- vision of the Probation and Pretrial Services Office, and to facilitate voter registration and voting by such individuals. (d) The Attorney General shall take appropriate steps, consistent with applicable law, to support for- merly incarcerated individuals in obtaining a means of identification that satisfies State voter identification laws, including as required by 18 U.S.C. 4042(a)(6)(B). SEC. 10. Establishing a Native American Voting Rights Steering Group. (a) There is hereby established an Inter- agency Steering Group on Native American Voting Rights (Steering Group) coordinated by the Domestic Policy Council. (b) The Steering Group shall be chaired by the Assist- ant to the President for Domestic Policy and shall in- clude the Attorney General, the Secretary of the Inte- rior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs or their des- ignees. The Chair may invite the participation of the heads or senior representatives of other agencies, as the Chair determines to be helpful to complete the work of the Steering Group. The Steering Group shall consult with agencies not represented on the Steering Group to facilitate the sharing of information and best practices, as appropriate and consistent with applicable law. (c) The Steering Group shall engage in meaningful and robust consultation with Tribal Nations and Native leaders to inform the Steering Group regarding con- cerns and potential areas of focus for the report de- scribed in subsection (d) of this section, and to assist the Steering Group in developing that report. (d) The Steering Group shall study best practices for protecting voting rights of Native Americans and shall produce a report within 1 year of the date of this order outlining recommendations for providing such protec- tion, consistent with applicable law, including rec- ommendations for: (i) increasing voter outreach, education, registration, and turnout in Native American communities; increas- ing voting access for Native American communities (including increasing accessibility for voters with dis- abilities); and mitigating internet accessibility issues that may hinder voter registration and ballot access in Native American communities; (ii) increasing language access and assistance for Na- tive American voters, including evaluating existing best practices; (iii) mitigating barriers to voting for Native Ameri- cans by analyzing and providing guidance on how to fa- cilitate the use of Tribal government identification cards as valid voter identification in Federal, State, local, Tribal, and territorial elections; (iv) facilitating collaboration among local election officials, Native American communities, and Tribal election offices; and (v) addressing other areas identified during the con- sultation process. (e) The Department of the Interior shall provide ad- ministrative support for the Steering Group to the ex- tent permitted by law. SEC. 11. Definition. Except as otherwise defined in sec- tion 6 of this order, ‘‘agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. CHAPTER 201—VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED Sec. 20101. Congressional declaration of purpose. 20102. Selection of polling facilities. 20103. Selection of registration facilities. 20104. Registration and voting aids. 20105. Enforcement. 20106. Relationship to Voting Rights Act of 1965. 20107. Definitions. § 20101. Congressional declaration of purpose It is the intention of Congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections. (Pub. L. 98–435, § 2, Sept. 28, 1984, 98 Stat. 1678.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. 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.