Protections for individuals subject to guardianship

(a) In general Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 131(a), section 201(a), section 202(a), and section 203(a)(1), is amended— (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; 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) Voluntary guidance Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 201(b) and as amended by sections 202 and 203, is amended by striking and 308 and inserting 308, and 309. (c) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(c), section 202(c), and section 203(a)(3), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Protections for individuals subject to guardianship..