Protections for individuals subject to guardianship

(a) In general Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, 204, and 205, is amended— (1) by redesignating sections 309 and 310 as sections 310 and 310A; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship (a) In general A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2027.. (b) Clerical amendments The table of contents of such Act is amended by inserting after the item relating to section 308, as added by section 205(a)(2), the following: Sec. 309. Protections for individuals subject to guardianship..