§20102 — Title 52 Voting and Elections | U.S. Code

Summary

Local election officials in each State must make polling places for federal elections usable by people with disabilities and older voters. Two exceptions are allowed: when the State’s chief election officer declares an emergency, or when the chief officer finds no accessible site in the area and it can’t be made temporarily accessible. In that second case, the chief officer must, if a voter asks in advance, assign that voter to an accessible location or give another way to vote that same day. By December 31 of every even-numbered year, the State chief election officer must tell the Federal Election Commission how many polling places were accessible and how many were not on the date of the previous general federal election, and explain why any were inaccessible. The FEC must compile those reports and send them to Congress by April 30 of each odd-numbered year. Those reporting rules were effective only for 10 years beginning on September 28, 1984.

Title 52, §20102

Voting and Elections — Source: USLM XML via OLRC

(a)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.

(b)Subsection (a) shall not apply to a polling place—

(1)in the case of an emergency, as determined by the chief election officer of the State; or

(2)if the chief election officer of the State—

(A)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

(B)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)—

(i)will be assigned to an accessible polling place, or

(ii)will be provided with an alternative means for casting a ballot on the day of the election.

(c)(1)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.

(2)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.

(3)The provisions of this subsection shall only be effective for a period of 10 years beginning on September 28, 1984.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973ee–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title.

§20102 Selection of Polling Facilities