Accessible Voting Act of 2026

This provision establishes a new Election Assistance Commission (EAC) Office of Accessibility. This office is tasked with advocating for voters with access needs, ensuring states meet Department of Justice accessibility standards, evaluating state proposals, administering payments, and operating a National Resource Center and a national voter accessibility website. It also collects data on voting challenges and recommends policies to improve accessibility.

This provision mandates the EAC Office of Accessibility to create and maintain a public national voter accessibility website. The website will provide clear, understandable voting information for each state, including links to state accessible election websites, voting timelines, state-specific voting laws, voter identification requirements, polling place accessibility, available assistance, and complaint procedures. It will also host a database of voter complaints and their outcomes, with federal law violations referred to the Department of Justice.

This provision requires each state to establish and maintain election websites that are fully accessible, meeting WCAG 2.0 Level AA standards. These websites must provide guidance and training for local election officials and poll workers on accessibility, as well as comprehensive voting information for the public, including polling place accessibility, registration details, and voter rights. States must partner with outside technical organizations for development and training, and form a committee (including disability and older individual advocates) to develop a state plan. They must also partner with specific advocacy organizations to monitor and verify website accessibility.

This provision mandates that all states permit no-excuse absentee voting for federal elections. It requires states to accept voter registration applications up to 21 days before an election and absentee ballot applications up to 7 days before. States must establish procedures for sending and receiving voter registration and absentee ballot applications electronically, allowing voters to designate their preferred transmission method (mail or electronic). It also allows for permanent absentee voter status, sets deadlines for ballot transmission, and requires accessible electronic communication and secure marking of blank absentee ballots via assistive technology. The bill explicitly prohibits casting ballots over the internet.

This provision requires all polling places within a state to be accessible according to ADA standards and mandates that voter drop boxes also be accessible for individuals with disabilities, limited English proficiency, and homeless individuals. States must consider procedures to address long wait times at polling places, such as providing alternative options to cast a ballot (e.g., outside the polling place or from a vehicle) or expedited voting lines. It also encourages states to consider 'mobile polling sites' for long-term care facilities to assist residents in voting privately and independently. Additionally, the section renames and updates the 'Voting Accessibility for the Elderly and Handicapped Act' to align with modern terminology and HAVA definitions.

This provision prohibits states from determining that an individual lacks the capacity to vote solely because they are subject to guardianship. Instead, a court of competent jurisdiction must issue a specific order, based on clear and convincing evidence, finding that the individual cannot communicate (with or without accommodations) a desire to participate in the voting process. This sets a higher legal standard for disenfranchising individuals under guardianship.

This provision authorizes the Director of the EAC Office of Accessibility to make payments to eligible states to help them implement the new accessibility requirements (HAVA sections 304 through 309). Funds are allocated based on voting age population, with a minimum payment of $1,000,000 per state. At least 10% of these funds must be distributed to local governments for accessible election websites. States must submit applications detailing their plans and partnerships. The bill authorizes $100,000,000 for fiscal years 2027-2028, 2029-2030, and 2031-2032, with funds available without fiscal year limitation.

This provision expands the purposes of an existing grant program (HAVA Part 6) to assure voting access for individuals with disabilities and older individuals. The expanded purposes now explicitly include making absentee voting and voting in one's residence accessible through assistive technologies, making all polling places (including paths of travel, entrances, exits, and voting areas) accessible, and providing universally designed solutions. The program is reauthorized for 'such sums as may be necessary' for fiscal year 2027 and each succeeding fiscal year. It also adds a mechanism for unobligated funds to be returned to the EAC after 4 years and reallocated to compliant states.

This provision directs the EAC, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency (CISA), to make grants to at least three eligible entities. These grants are for studying, testing, and developing accessible and secure remote voting systems and devices, including non-electronic options, to enhance voting and verification for individuals with disabilities. The goal is to assist in marking voter-verified paper ballots and transmitting information back to voters. All technology developed must be non-proprietary and publicly available. Activities must be completed by January 1, 2028, with $30,000,000 authorized for this purpose.

This provision amends the Help America Vote Act of 2002 to remove a previous limitation on the use of funds by Protection and Advocacy (P&A) systems. Previously, P&A systems were restricted in using federal funds for litigation related to election-related disability access. This amendment removes that restriction, allowing P&A systems to use their funds for such litigation.