52 U.S.C. § 20102 — Selection of polling facilities
submitted 42 years ago by Pub. L. 98-435 to r/title-52-VOTING-AND-ELECTIONS · 294 words · no verdicts yet
Each local government that runs federal elections must make its polling places accessible to handicapped and elderly voters. There are limited exceptions for emergencies or when no accessible site can be found. States must report accessibility numbers to the Federal Election Commission every two years, for ten years starting in 1984.
(a) Accessibility to all polling places as responsibility of each political subdivision — Within each state, except as allowed in (b), every political subdivision responsible for running elections must make sure all its federal-election polling places are accessible to handicapped and elderly voters.
(b) Exception — (a) doesn't apply to a polling place: (1) during an emergency, as decided by the state's chief election officer; or (2) if the chief election officer determines that every possible polling place has been surveyed, none is accessible, and none can be made temporarily accessible in that area — as long as the state guarantees that any handicapped or elderly voter assigned to that inaccessible place, if they ask in advance under state procedures, either (i) gets reassigned to an accessible polling place, or (ii) gets another way to cast a ballot on election day.
(c) Report to Federal Election Commission — (1) By December 31 of each even-numbered year, each state's chief election officer must report to the Federal Election Commission, in whatever format the Commission sets, how many polling places were accessible and inaccessible in that state as of the last general federal election, and why any were inaccessible. (2) By April 30 of each odd-numbered year, the Commission must compile that information and send it to Congress. (3) This reporting requirement lasts only for a 10-year period beginning September 28, 1984.
Within each State, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters.
Subsection (a) shall not apply to a polling place—
in the case of an emergency, as determined by the chief election officer of the State; or
if the chief election officer of the State—
determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and
assures that any handicapped or elderly 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)—
will be assigned to an accessible polling place, or
will be provided with an alternative means for casting a ballot on the day of the election.
Not later than December 31 of each even-numbered year, the chief election officer of each State shall report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places in such State on the date of the preceding general Federal election, and the reasons for any instance of inaccessibility.
Not later than April 30 of each odd-numbered year, the Federal Election Commission shall compile the information reported under paragraph (1) and shall transmit that information to the Congress.
The provisions of this subsection shall only be effective for a period of 10 years beginning on September 28, 1984.
Source credit: (Pub. L. 98–435, § 3, Sept. 28, 1984, 98 Stat. 1678.)
- 1984Enacted · Pub. L. 98-435 · 98 Stat. 1678
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-435 on 1984-09-28.
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