52 U.S.C. § 20102

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 20102 - Selection of polling facilities

(a) Accessibility to all polling places as responsibility of each political subdivision

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) Exception

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) Report to Federal Election Commission

(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.

52 U.S.C. § 20102

Pub. L. 98-435, §3, Sept. 28, 1984, 98 Stat. 1678.

EDITORIAL NOTES

CODIFICATIONSection 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 DATESection 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.

Federal election

"Federal election" means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

State

"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possesssion 1 of the United States.1 So in original. Probably should be "possession".

accessible

"accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election officer of the State involved;

elderly

"elderly" means 65 years of age or older;

handicapped

"handicapped" means having a temporary or permanent physical disability; and