Establishment of the Election Assistance Commission Office of Accessibility

(a) In general Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921) is amended by adding at the end the following new part: 4 Election Assistance Commission Office of Accessibility 223. Election Assistance Commission Office of Accessibility (a) Establishment There is hereby established the Election Assistance Commission Office of Accessibility (hereinafter in this part referred to as the Office of Accessibility). (b) Duties The Office of Accessibility shall— (1) serve as the effective and visible advocate on behalf of voters with access needs, including older individuals, individuals with disabilities, Native Americans, Alaska Native citizens, and individuals with limited proficiency in the English language— (A) within the Election Assistance Commission and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals; and (B) in the States to promote the enhanced accessibility of voting systems and compliance with this Act and other Federal law and regulations; (2) ensure State and local election officials are taking steps to obtain, deploy, and maintain voting systems that meet Department of Justice accessibility standards; (3) if the Director of the Office of Accessibility finds that a State has not taken steps to meet such standards, refer the finding to the Department of Justice for enforcement; (4) evaluate State proposals to expand voter accessibility in order to meet the requirements of sections 304 through 309; (5) ensure State and local governments meet the requirements of sections 304 through 309 (relating to accessible election websites and other accessibility requirements), including through referral to the Attorney General for action under section 401 as appropriate; (6) administer and evaluate payments to States for the establishment and maintenance of accessible election websites under section 297; (7) establish and operate the National Resource Center on Accessible Voting under section 224; (8) establish the national voter accessibility website under section 225; (9) collect and disseminate information related to challenges experienced by older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language when registering to vote or casting a ballot; and (10) recommend policies and priorities to improve the accessibility of State voter registration systems, voting systems, the casting of ballots, and the application for and casting of absentee, remote, and vote by mail ballots. (c) Objectives The Office of Accessibility shall have the following primary objectives: (1) Educating State and local election officials on the challenges faced by older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language when voting, and teaching evidence-based strategies for overcoming those challenges. (2) Educating State and local election officials regarding the needs of individuals with disabilities and older individuals. (3) Providing educational resources in plain language to older individuals and individuals with disabilities on their rights and resources when registering to vote and voting. (4) Providing translated educational resources for Native Americans, Alaska Natives, and individuals with limited proficiency in the English language on their rights and resources when registering to vote and voting. (5) Studying potential improvements and providing strategies that State and local election officials may implement, and encouraging the enactment of State or local laws as necessary for such implementation, with the goal of— (A) ensuring that individuals with disabilities and older individuals are provided the opportunity to cast a private and independent ballot in person in an election for Federal office, including— (i) identification of barriers to in-person voting and strategies for remediating architectural, attitudinal, transportation, technological, and other barriers to accessible in-person voting; (ii) strategies to reduce adversely long wait times for casting ballots; (iii) alternative options to cast a ballot on the day of an election, such as providing the option to cast a ballot outside of the polling place or from a vehicle; (iv) strategies and criteria to create expedited voting lines for those needing such service; or (v) the ability for an individual who cannot physically wait in line to exit the line without losing their place; (B) ensuring that individuals with disabilities and older individuals are provided the opportunity to cast a private and independent absentee ballot, including— (i) ensuring the process for requesting and securing an absentee ballot is accessible to individuals with disabilities and older individuals; (ii) ensuring the process for submitting an absentee ballot is accessible to individuals with disabilities and older individuals; and (iii) ensuring the process for marking an absentee ballot is accessible to individuals with disabilities and older individuals; and (C) implementing policies that encourage more individuals with disabilities and older individuals to serve as poll workers, including permitting shorter shifts to accommodate individuals who cannot work a full Election Day. (6) Promoting research into the use of accessible ballot marking devices and educating State and local election officials on the secure use of accessible ballot marking devices. (d) Director of accessibility (1) In general The Office of Accessibility shall be headed by a Director of Accessibility (referred to in this part as the Director) who shall be appointed by the Executive Director of the Election Assistance Commission. (2) Term of service for the director The Director shall serve for a term of 4 years. The term of the first individual appointed to the position of Director shall end on January 3, 2028, and the term of each individual appointed for a full term to the position of Director thereafter shall end on January 3 of each fourth year thereafter. (3) Procedure for appointment (A) In general On the date that is 6 months prior to the date on which a vacancy is scheduled to occur in the position of the Director or the date on which the Director submits a Letter of Resignation, the Election Assistance Commission Standards Board and Election Assistance Commission Board of Advisors under part 2 of this subtitle (hereafter in this part referred to as the Standards Board and the Board of Advisors, respectively), shall each appoint a search committee to recommend at least three nominees for the position. (B) Requiring consideration of nominees The Executive Director of the Election Assistance Commission shall consider the nominees recommended by the Standards Board and the Board of Advisors in appointing the Director. (4) Procedure for reappointment (A) In general The Director may be reappointed for one or more additional full terms if the Standards Board and the Board of Advisors recommends such reappointment. (B) Timing of recommendation The Standards Board and the Board of Advisors may recommend such reappointment for an additional term before the date on which the current term of the Director expires, but not more than 3 months before such date. (5) Continuation in office An individual serving in the position of Director at the end of the term of the individual as Director may continue to serve until a successor is appointed. (e) Deputy director (1) In general There shall be a Deputy Director of the Office who shall— (A) be appointed by the Director; (B) perform such duties as may be assigned by the Director; and (C) during the absence or incapacity of the Director or during a vacancy in that office, act as the Director. (2) Term The term of an individual appointed to the position of Deputy Director shall end on the date on which the term of the Director appointing the Deputy Director ends. (3) Continuation in office An individual serving in the position of Deputy Director at the end of the term of the individual as Deputy Director may continue to serve until a successor is appointed. (f) Other staff Subject to rules prescribed by the Commission, the Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (g) Reports to Congress Not later than 2 years after the date of enactment of this part, and every 2 years thereafter, the Director shall submit to Congress a report describing the activities carried out under this part during the period since the last report was submitted under this subsection. (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 2027 and 2028 and such sums as may be necessary for each succeeding year.. (b) Conforming amendments (1) Conforming amendment to duties of EAC Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting; and; and (C) by adding at the end the following new paragraph: (7) establishing the Election Assistance Commission Office of Accessibility under section 223.. (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 222 the following new items: PART 4—Election Assistance Commission Office of Accessibility Sec. 223. Election Assistance Commission Office of Accessibility..