H.R. 8078 — Voter Empowerment Act of 2026

This section redesignates sections 306 and 307 of subtitle A of title III of the Help America Vote Act of 2002 (HAVA) as sections 307 and 308, respectively, inserts new section 306 after section 305 to require states to ensure access to voter registration and absentee ballots for individuals with disabilities in federal elections, and directs the Election Assistance Commission to adopt voluntary guidance on the new requirements by January 1, 2027. New HAVA section 306(a) requires each state to (1) ensure electronic absentee registration forms, ballot applications, and ballots are accessible (as defined in redesignated section 307); (2) permit individuals with disabilities to register to vote and vote absentee; (3) accept and process valid applications from such individuals if received within applicable federal deadlines; (4) establish procedures for such individuals to request, and states to send by mail or electronically per designated preference, voter registration and absentee ballot applications; (5) establish procedures to transmit blank absentee ballots by mail or electronically; (6) transmit validly requested absentee ballots no later than 45 days before the election if requested at least 45 days prior (or per state law, expedited if practicable, if requested later); and (7) for federal runoff elections, establish a plan ensuring absentee ballots are available to such individuals with sufficient time to vote. New HAVA section 306(b) requires each state to designate a single office to provide information on voter registration, absentee ballot, and in-person voting procedures to individuals with disabilities, including responsibilities to inform election officials on accessible systems, integrate accessibility into poll worker training, train poll workers on polling place accessibility, promote hiring individuals with disabilities as poll workers, and post polling place accessibility audit results within six months of completion. New HAVA section 306(c) requires each state to designate at least one accessible means of electronic communication for individuals with disabilities to request and receive voter registration and absentee ballot applications and related voting information (and permits states to provide multiple such means).

This section requires each state to establish and maintain a single accessible election website under the Help America Vote Act of 2002. The website must provide (1) local election officials, poll workers, and volunteers with guidance on polling place accessibility for individuals with disabilities and older individuals and online training and resources on promoting their access, participation, and legal protections; and (2) voters with information on polling place accessibility and outreach, voter registration and confirmation, polling locations and hours, voting aid and assistance, transportation aid, legal rights and protections, and complaint contacts for individuals with disabilities, older individuals, Native Americans, Alaska Natives, and limited English proficiency. This section further requires the chief state election official to (1) partner with an outside technical organization to update or develop the website; (2) develop a state plan through a committee comprising chief election officials from the four most and least populous jurisdictions, representatives from disability and older individual advocacy groups, nongovernmental organizations expert in accessible websites and voting rights, and state protection and advocacy systems; and (3) partner with at least two organizations—including university centers for excellence in developmental disabilities, centers for independent living, statewide independent living councils, state councils on developmental disabilities, or others—to monitor and verify the website's accessibility, information completeness, and disability-related accuracy.

This section amends the Help America Vote Act of 2002 to add a new section 308 requiring each state to (1) ensure all polling places for federal elections are accessible, as defined in HAVA section 307; (2) consider procedures to address long wait times by offering individuals with disabilities and older individuals alternate in-person voting options (e.g., casting ballots from a vehicle or via expedited lines); and (3) consider mobile polling sites to assist residents of long-term care facilities—effective for elections held on or after January 1, 2029. It also revises the Voting Accessibility for the Elderly and Handicapped Act (VAEH Act) to (1) redirect state biennial reports on accessible and inaccessible polling places from the Federal Election Commission to the Election Assistance Commission and eliminate the prior 10-year sunset (i.e., making reporting permanent after expiring in 1994); (2) replace outdated terminology ("handicapped and elderly voters") with "individuals with disabilities and older individuals" throughout and cross-reference HAVA definitions; and (3) change the short title to "Voting Accessibility for Individuals with Disabilities and Older Individuals Act," with conforming references—effective January 1, 2029. (As background, the VAEH Act requires political subdivisions to make federal election polling places accessible to voters with disabilities and older individuals, subject to limited exceptions for emergencies or lack of feasible locations.)

This section amends the Help America Vote Act of 2002 to establish a new section 309 prohibiting states from denying an individual the capacity to vote in a federal election solely because the individual is subject to guardianship, unless a court of competent jurisdiction finds by clear and convincing evidence that the individual cannot communicate—with or without accommodations—a desire to participate in the voting process. The requirement applies to federal elections held on or after January 1, 2027; redesignates existing sections 309 and 310 as sections 310 and 311, respectively; updates the Election Assistance Commission's voluntary guidance deadlines under section 321(b)(4) to include the new section 309; and makes conforming amendments to the table of contents.

This section expands the authorized uses of grants under the Help America Vote Act of 2002 to assure voting access for individuals with disabilities (i.e., payments to states and eligible local governments) by (1) adding accessibility for absentee and at-home voting via systems compatible with assistive technologies for voters with vision, hearing, mobility, or dexterity impairments; (2) retaining requirements for accessible polling places, including paths of travel, entrances, exits, and voting areas; and (3) replacing voter information, outreach, and training with universally designed solutions providing equal access opportunities for voters with and without disabilities. The section reauthorizes the program for FY2027 and each succeeding fiscal year at such sums as necessary. The section further establishes, for funds appropriated for FY2027 and thereafter, a four-year period for obligation and expenditure beginning on the date of receipt—with any unspent amounts transferred to the Election Assistance Commission for pro rata reallocation to other eligible recipients that fully expended prior funds, who may then spend the reallocated amounts within one year for the same purposes.

This section increases the size of the Election Assistance Commission (EAC) Board of Advisors—which provides advice to the EAC on election administration and voluntary voting system guidelines—to 49 members (from 37) by adding 12 new members appointed as follows: (1) two members appointed by the National Council on Disability; (2) two members appointed by the Assistant Secretary of Health and Human Services for Aging; (3) four members from organizations whose executive leadership consists of at least 51% individuals with disabilities, representing voters with disabilities (two appointed by the House Committee on Education and the Workforce, one each by the chair and ranking minority member, and two by the Senate Committee on Health, Education, Labor, and Pensions, one each); and (4) four members from organizations representing older voters (two appointed by the House Committee on Education and the Workforce, one each, and two by the Senate Special Committee on Aging, one each). The changes take effect on January 1, 2027.

This section directs the Election Assistance Commission (EAC) to make grants, subject to appropriations, to eligible states—including the District of Columbia and U.S. territories—for pilot programs enabling individuals with disabilities to register to vote and request and receive absentee ballots privately and independently at their residences using electronic means (i.e., internet and telephones with assistive devices). The first grants support pilots for federal elections in 2027 (or, at a state's option, other public office elections in 2027), with grantee states required to report to the EAC on the programs within 90 days after the last election in the grant year.

This section directs the Comptroller General of the United States to conduct an analysis after each regularly scheduled general election for federal office on voting access for individuals with disabilities, covering (1) accessibility efforts and usage of polling places in houses of worship or other facilities exempt from Americans with Disabilities Act requirements; (2) federal assistance from the Election Assistance Commission, Department of Justice, or other agencies to state and local officials; (3) issues with accessible voting machines, including location, malfunctions, and privacy; (4) processes for tracking compliance and addressing complaints; (5) poll worker training on assisting voters with disabilities and related legal requirements; (6) training on operating accessible voting machines; (7) barriers for individuals with developmental or psychiatric disabilities and adequacy of poll worker training; and (8) employment of individuals with disabilities at polling sites. The Comptroller General must submit a report on the analysis, including recommendations on best practices to address accessibility and privacy barriers, to the House and Senate Committees on Administration and Rules and Administration and the House and Senate Committees on Appropriations within nine months after the election.

This section adds §613 to chapter 29 of title 18, United States Code, to prohibit voter caging and other questionable challenges to voter registration or eligibility in federal elections. It (1) defines "voter caging document" (nonforwardable mail returned undelivered to a registered voter's address, or certain other documents not returned unless at least two federal election cycles have passed), "voter caging list" (list compiled from such documents), and "unverified match list" (list matching voter data to ineligible persons without a signature, photograph, or unique identifier); (2) prohibits state or local election officials from preventing registration or voting, or permitting formal challenges, based on such evidence or non-material errors or omissions under 52 U.S.C. 10101(a)(2)(B), unless corroborated by independent evidence of ineligibility; (3) requires non-official challengers to provide written documentation of personal knowledge and a sworn good faith factual basis (excluding challenges based on race, ethnicity, or national origin), and bars such challenges on Election Day or less than 10 days before the election (unless the individual registered less than 20 days prior); (4) imposes criminal penalties of a fine, imprisonment for up to 1 year, or both, for each knowing violation intended to disqualify eligible voters; and (5) states that the provision does not affect the National Voter Registration Act of 1993 or the Voting Rights Act of 1965. This section also makes a conforming amendment to the table of sections for chapter 29.

This section directs the Election Assistance Commission to develop and publish, not later than 180 days after enactment, recommendations for best practices to deter violations of the federal prohibition against voter caging (18 U.S.C. 613)—including posting information at polling places and voter registration agencies, training poll workers and election officials, and educational measures—for states (including the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands). The section further amends the provisional ballot information requirements under the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) by adding a new subparagraph (H) requiring states to provide voters with written information on the voter caging prohibition and how to report violations. (As background, provisional ballots allow individuals whose names do not appear on voter lists or whose eligibility is challenged to cast a ballot subject to later verification under state law; affected states may use existing voter registration procedures to meet voter notification requirements.)

This section amends the civil voter intimidation prohibition (52 U.S.C. 10101(b)) to additionally bar, within 60 days before a federal election (i.e., general, primary, run-off, or special election for President, Vice President, Presidential elector, Senator, Representative, or Delegate/Commissioner), (1) knowingly communicating materially false information about the time, place, or manner of the election or voter qualifications/restrictions (including penalties, registration status, or eligibility) with intent to mislead voters or suppress votes; (2) knowingly communicating materially false statements about candidate endorsements with intent to suppress votes; and (3) intentionally hindering, interfering with, or preventing voting, voter registration, or aiding others in doing so. It authorizes a private right of action for preventive relief (including injunctions) against violations of these new prohibitions, with discretionary attorney's fees for prevailing parties. This section further amends the criminal voter intimidation statute (18 U.S.C. 594)—which previously applied to any election held solely or in part for electing federal candidates and carried penalties of a fine or up to one year imprisonment—by limiting its scope to general, primary, run-off, or special federal elections; and by adding criminal penalties of up to a $100,000 fine or five years' imprisonment for (1) deceptive false statements about election time/place or voter qualifications/restrictions within 60 days before such an election and (2) intentionally hindering, interfering with, or preventing voting or registration.

This section requires the Attorney General, upon receiving a credible report of materially false information violating new prohibitions under 52 U.S.C. 10101(b)(2) and (3) (as added by section 402(a)) where state and local election officials have not adequately corrected it, to communicate accurate, objective, and nonpartisan information to the public to correct it, using means designed to reach affected persons. It directs the Attorney General to publish written procedures and standards for such corrective actions within 180 days of enactment, including election-timed deadlines developed in consultation with the Election Assistance Commission, state and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. It authorizes appropriations of such sums as necessary to carry out this title.

This section directs the Attorney General to submit to Congress, not later than 180 days after each general election for federal office, a report compiling all allegations received of deceptive practices under 52 U.S.C. 10101(b)(2)-(4) (as added by section 402(a)) relating to that election and any primary, run-off, or special election for federal office held in the prior two years. The report must describe for each allegation (1) its details, including the geographic location and demographic characteristics (i.e., racial, ethnic, and language minority-group composition) of targeted persons; (2) investigation status; (3) corrective actions under section 403(a); (4) referrals to other agencies; (5) related civil actions under 52 U.S.C. 10101(c)(2) (as added by section 402(b)); and (6) related criminal prosecutions under 18 U.S.C. 594 (as amended by section 402(c)). The Attorney General must exclude protected information (e.g., grand jury material under Federal Rule of Criminal Procedure 6(e), privileged information, details of ongoing investigations or sealed proceedings) and make the report publicly available online upon submission to Congress.

This section sets forth 13 congressional findings concerning the disenfranchisement of individuals with criminal convictions in federal elections, including variations across states (e.g., no disenfranchisement in Maine and Vermont; lifetime bans in 11 states); an estimated 5.2 million U.S. citizens affected in 2020 (1 in 44 adults, with 75% on probation, parole, or post-sentence and 2.2 million having completed sentences); and disproportionate impacts on racial and ethnic minorities (e.g., 6% of voting-age African Americans or 1.8 million and 2% of Latinos or 560,000).

This section prohibits denial or abridgment of a U.S. citizen's right to vote in any federal election due to a criminal conviction, except for individuals serving a felony sentence in a correctional institution or facility at the time of the election. (Thus, it restores federal voting rights for individuals on probation, parole, or post-sentence who are disenfranchised under current state laws.)

This section establishes enforcement mechanisms for violations of this title. It authorizes the Attorney General to obtain declaratory or injunctive relief in a civil action. It further provides a private right of action for aggrieved persons who, after providing written notice to the state chief election official, may obtain such relief if the violation is not corrected within 90 days (or 20 days if the violation occurred within 120 days before a federal election); no notice is required if the violation occurred within 30 days before a federal election.

This section requires each state to notify in writing any individual convicted of a state criminal offense that the individual has the right to vote in federal elections under the Democracy Restoration Act of 2026 and may register to vote, and to provide necessary voter registration materials. For felony convictions, states must provide notification on the date the individual is sentenced to probation only or released from state custody (other than to another state's or federal custody for a felony); for misdemeanor convictions, notification must occur on the sentencing date. This section further requires the federal government to provide equivalent notification and materials to individuals convicted of federal criminal offenses, with felony notifications delivered by the Assistant Director for the Office of Probation and Pretrial Services upon probation sentencing or by the Director of the Bureau of Prisons during the six months before release through the release date, and misdemeanor notifications delivered on the sentencing date.

This section establishes definitions for purposes of this title, including (1) "correctional institution or facility" as any prison, penitentiary, jail, or similar confinement facility for persons convicted of offenses (publicly or privately operated), excluding residential community treatment centers; (2) "election" as a general, special, primary, or runoff election; a political party convention or caucus to nominate candidates; a primary for national convention delegates; or a presidential preference primary; (3) "Federal office" as the offices of President, Vice President, Senator, Representative, Delegate, or Resident Commissioner; and (4) "probation" as court-imposed probation (federal, state, or local) with or without conditions on movement, damages payment, reporting, or supervision.

This section provides that nothing in this title prohibits states from enacting laws affording the right to vote in federal elections on terms less restrictive than those established by this title. The section further specifies that the rights and remedies established by this title are in addition to other rights and remedies provided by law and do not supersede, restrict, or limit the Voting Rights Act of 1965 or the National Voter Registration Act of 1993.

This section conditions the receipt or use of federal funds by states, units of local government, or other persons to construct or improve prisons, jails, or other places of incarceration on the recipient maintaining a program that notifies each U.S. citizen incarcerated in its jurisdiction, upon release, of that individual's rights under section 503.

This section replaces the audit capacity requirement under the Help America Vote Act of 2002 (HAVA) for voting systems used in federal elections—previously requiring a permanent paper record with manual audit capacity—with a paper ballot requirement mandating individual, durable, voter-verified paper ballots marked by hand or a nontabulating ballot marking device (with voter option to mark by hand). (As background, HAVA establishes minimum standards for voting systems to ensure accuracy, accessibility, and auditability in federal elections.) These ballots must be verified and correctable by the voter before casting, preserved as the official record without linking to the voter, protected from post-verification changes, manually counted in any recount or audit, and treated as the true record over electronic tallies in case of inconsistencies (except where paper ballots are shown by clear and convincing evidence to be sufficiently compromised to potentially change results, in which case state law governs without exclusive reliance on electronic tallies); the requirements apply to all ballots, including those of absent uniformed services voters, overseas voters, and other absentee voters. The section also (1) clarifies that HAVA's alternative language accessibility requirements apply to these paper ballots and (2) makes conforming amendments to HAVA's general voter verification requirements by adding cross-references to the new paper ballot and accessibility provisions.

This section revises accessibility requirements for voting systems under the Help America Vote Act of 2002 (HAVA) to (1) ensure individuals with disabilities vote privately and independently to produce a voter-verified paper ballot; (2) provide at least one equipped voting system for disabilities (i.e., nonvisual/enhanced visual access for the blind/visually impaired and nonmanual/enhanced manual access for the mobility/dexterity impaired) at each polling place; and (3) allow private, independent verification and casting of the paper ballot without manual handling. It establishes a new grant program under HAVA requiring the Election Assistance Commission (EAC), in coordination with the Access Board and Cybersecurity and Infrastructure Security Agency, to award grants to at least three eligible entities to study, test, and develop accessible and secure remote voting systems and verification/casting devices, with activities completed by January 1, 2029, technology made non-proprietary and publicly available (including to voting system manufacturers), and coordination with EAC research grants under HAVA section 271; authorizes $10 million for the grants, to remain available until expended; and makes conforming redesignations and clerical amendments. It requires the EAC to apply the same accessibility standards for paper ballot verification in voluntary guidance as for accessible voting systems. It permits protection and advocacy systems to use HAVA funds for litigation related to election-related disability access by striking the prohibition in current law (52 U.S.C. 21062(a)).

This section establishes durability and readability requirements for voter-verified paper ballots used in federal elections under the Help America Vote Act of 2002 (HAVA). It requires all such ballots to be marked or printed on durable paper—defined as capable of withstanding multiple hand counts and recounts without compromising integrity and retaining markings for a 22-month retention period—and ballots completed via ballot marking devices to be readable by voters without assistance (except eyeglasses or similar) and by optical character recognition devices or disability-equipped devices.

This section directs the Election Assistance Commission to conduct a study on optimal ballot designs—including paper, electronic, and digital ballots—for elections for public office to minimize voter confusion and errors and to submit a report to Congress by January 1, 2027.

This section establishes printing requirements for paper ballots used in elections for federal office, mandating that such ballots be printed in the United States on paper manufactured in the United States. (Thus, states and jurisdictions must source paper ballots domestically to comply with Help America Vote Act (HAVA) voting system standards.)

This section revises the effective date provisions of HAVA §301 (52 U.S.C. 21081(d)) to delay applicability of certain voting system requirements newly imposed by the Voter Confidence and Increased Accessibility Act of 2026. (As background, HAVA §301 requires voting systems used in federal elections to meet standards including voter-verifiable paper audit trails, error correction, overvote notifications, accessibility, and durable paper ballots.) In general, the new requirements apply to voting systems used in federal elections held in 2028 or any succeeding year, except as provided below. (1) For jurisdictions that used voter-verifiable paper record printers attached to DRE machines or other noncompliant paper-producing systems for the November 2026 federal general election and will continue using them before 2030, three specified requirements—(a) production of voter-verified paper ballots, (b) access to verification from and nonmanual casting of durable paper ballots, and (c) ballot durability and readability standards—apply instead beginning with 2030 federal elections. During this delay period, polling places in such jurisdictions must offer all eligible voters hand-marked pre-printed paper ballots (treated as regular ballots, not provisional), provide marking supplies, limit voter wait times to the lesser of 30 minutes or the average for non-paper voters, post prominent notices of the option, and train officials on these obligations (with violations deemed HAVA noncompliance). (2) For jurisdictions using nontabulating ballot marking devices that automatically deposit ballots into privacy sleeves, the requirement for nonmanual casting of durable paper ballots applies beginning with 2030 federal elections (from 2028).

This section amends the Help America Vote Act of 2002 to require, for elections on or after January 1, 2027, (1) statewide counting of provisional ballots—regardless of the precinct or polling place where cast—by the election official of the voter's jurisdiction of registration for each election in which the voter is eligible; and (2) establishment by each state of uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (Provisional ballots allow individuals declaring themselves registered and eligible to vote when their name is not on the polling place list or eligibility is challenged, with counting after state or local verification.) It makes a conforming amendment to preserve existing state flexibility until the new requirements take effect.

This section establishes early voting requirements under the Help America Vote Act of 2002 (HAVA) by adding a new section 310, requiring states to allow individuals to vote in federal elections during a period of at least 15 consecutive days (including weekends) prior to election day (or earlier at state option) through election day, with each polling place open no less than 10 hours per day under uniform hours (including some time before 9:00 a.m. and after 5:00 p.m. local time), located near public transportation where practicable, and available in rural areas to maximize access. It further requires states to begin processing and scanning early ballots at least 14 days before election day (without tabulating results before polls close), directs the Election Assistance Commission (EAC) to issue nondiscriminatory standards for early voting administration (permitting deviations for unforeseen circumstances such as natural disasters), and applies these requirements to the November 2028 federal general election and succeeding elections. This section also amends EAC deadlines for adopting voluntary guidance on HAVA requirements by adding a new paragraph (5) requiring guidance on sections added by the Voter Empowerment Act of 2026 (except as provided in paragraph (4)) no later than June 30, 2026. It makes conforming section redesignations and clerical amendments to the HAVA table of contents.

This section adds a new section 311 to subtitle A of title III of the Help America Vote Act of 2002 (HAVA) to promote voting by mail in federal elections. Section 311(a) requires states to make absentee ballots uniformly available to all eligible voters without additional eligibility conditions; prohibits requirements for identification (except a voter signature or affirmation) to obtain a ballot, or for notarization or witness signatures to obtain or cast a ballot; and permits reasonable deadlines for requesting and returning ballots. It preserves identification requirements for first-time voters registering by mail under HAVA sec. 303(b). Section 311(b) conditions any state signature verification requirement for accepting absentee ballots on due process protections, including (1) notice by mail, phone, text, and email of signature discrepancies, missing signatures, or other defects (excluding deadline failures), with a 10-day cure period allowing voters to resolve issues in person, by phone, or electronically; and (2) determinations of discrepancies made by at least two election officials.

This section requires each state to implement an absentee ballot tracking program for elections for Federal office beginning with the regularly scheduled general election in November 2028, under which state or local election officials must track and confirm receipt of absentee ballots and make that information—including whether the ballot was accepted and reasons for any rejection—available online to the voter (or via toll-free telephone number if no website exists). Separately, this section authorizes the Election Assistance Commission to make a one-time payment to each state to reimburse costs of establishing the program (including costs incurred prior to enactment), not to exceed $3,000 multiplied by the number of jurisdictions in the state responsible for operating it, and authorizes appropriations for such payments for FY2027 and each succeeding fiscal year (with funds remaining available until expended). (As background, the Help America Vote Act of 2002 sets minimum standards for voting systems and processes in federal elections. Thus, the tracking program enables absentee voters to verify ballot receipt and status.)

This section requires the U.S. Postal Service to indicate on envelopes of absentee ballots (i.e., mail-transmitted ballots for federal elections, excluding those under 39 U.S.C. §3406) both that the ballot was carried by the Postal Service and the mailing date, using a postmark or otherwise, for elections occurring on or after January 1, 2027. This section further requires state and local election officials, for federal election ballot mail destined domestically or internationally, to (1) affix Postal Service Tag 191 (or successor) to trays or sacks; (2) use the Official Election Mail logo on mail pieces; and (3) ensure visibility of any ballot service type identifier on intelligent mail barcodes—effective for elections occurring on or after January 1, 2027. (Thus, these measures facilitate USPS identification, prioritization, and tracking of election mail.)

This section amends the Help America Vote Act of 2002 to require state or local election officials to provide self-sealing return envelopes with prepaid postage—consistent with USPS regulations—for any voter registration application, absentee ballot application, or blank absentee ballot transmitted by mail (excluding materials for absent military and overseas voters under UOCAVA), with states deemed compliant if making reasonable efforts; the requirement takes effect 90 days after enactment, though jurisdictions must immediately arrange USPS payments. It also amends postal laws to require the USPS to carry such materials for federal elections at first-class mail service standards regardless of prepaid postage class (also excluding UOCAVA voters).

This section revises state reporting requirements under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) concerning absentee ballots for absent uniformed services voters (i.e., military members and families) and overseas voters in regularly scheduled general elections for federal office. It requires (1) a pre-election report due not later than 55 days before the election—certifying to the Attorney General, Election Assistance Commission, and Presidential designee (and publicly available) that ballots are or will be available for transmission by 45 days before the election, with information from each local election-administering unit; (2) a second pre-election report due not later than 43 days before the election—certifying transmission by 45 days before the election to all qualified voters whose requests were received at least 45 days before, including total requests received and ballots transmitted from each local unit; and (3) a post-election report due not later than 90 days after the election—on the combined numbers of ballots transmitted, returned, and cast, submitted through the state (for local units) and publicly available. All reports use forms prescribed jointly by the Attorney General and Election Assistance Commission.

This section revises the enforcement provisions of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—which facilitates absentee voting by members of the uniformed services and U.S. citizens abroad—as follows: (1) authorizes the Attorney General, in civil actions for violations, to seek civil penalties against states of up to $110,000 per violation for a first violation or $220,000 for any subsequent violation; (2) establishes a private right of action allowing aggrieved persons to sue for declaratory or injunctive relief; and (3) designates the state as the only necessary defendant in such actions, barring defenses based on delegation of duties to local officials. The amendments apply to violations alleged on or after the date of enactment.

This section revises absentee ballot transmission requirements under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—which ensures voting access for absent uniformed services voters (i.e., military members and families) and overseas voters in federal elections—by (1) repealing the Election Assistance Commission's authority to waive state noncompliance with the requirement to transmit validly requested absentee ballots not later than 45 days before the election (or the preceding weekday if the 45th day is a weekend or holiday, provided the request is received by then); (2) requiring states that fail to meet the 45-day deadline to transmit such ballots by express delivery (or electronically if the voter designated that method under UOCAVA), with the state responsible for costs; and (3) if transmission occurs fewer than 40 days before the election, requiring states to enable express return of the ballot (except by notifying certain uniformed services voters of existing collection procedures for regularly scheduled general federal elections).

This section revises section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, 52 U.S.C. 20306)—which previously prohibited states from refusing early-submitted voter registration or absentee ballot applications from absent uniformed services voters—to instead require states to transmit absentee ballots for each subsequent federal election through the next regularly scheduled general election for federal office (including runoffs) to absent uniformed services voters and overseas voters who submit an official Federal Post Card Application (FPCA, prescribed under UOCAVA section 101) requesting such coverage. The requirement does not apply after the voter notifies the state of a desire to cancel registration or after the state determines the voter has registered elsewhere or is otherwise ineligible. The section also prohibits states from refusing otherwise valid applications (including the FPCA) from such voters due to submission before the date states accept applications from non-UOCAVA absentee voters. The amendments apply to applications submitted on or after the date of enactment.

This section establishes a guarantee of residency for spouses and dependents of absent uniformed services voters described in subparagraphs (A) or (B) of section 107(1) for voting in any federal, state, or local election. Such spouses and dependents shall not, solely due to the service member's absence and regardless of accompaniment or intent to return, (1) be deemed to have lost residence or domicile in that state, (2) be deemed to have acquired residence or domicile in another state, or (3) be deemed a resident of another state.

This section amends the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to require states to transmit blank absentee ballots electronically to qualified individuals who request them, in the same manner and under the same terms as for absent uniformed services voters and overseas voters under UOCAVA section 102(f) (except no marked ballots may be returned electronically), effective for the November 2028 regularly scheduled general election for federal office and each succeeding such election. It defines qualified individuals as otherwise eligible federal voters who meet one of the following conditions—excluding absent uniformed services voters and overseas voters: (1) previously requested but did not receive an absentee ballot at least two days before the election; (2) reside in an area with a state-declared emergency or public health emergency within five days of the election due to natural disaster (including severe weather) or infectious disease, without prior absentee request; (3) expect to be absent from their jurisdiction on election day due to professional or volunteer service responding to such emergency; (4) are hospitalized or expect to be on election day; or (5) have a disability (as defined in the Americans with Disabilities Act) and reside in a state without secure and accessible remote ballot marking (self-certification permitted). Such ballots must comply with Voting Rights Act section 203 language minority requirements (52 U.S.C. 10503) and Rehabilitation Act section 508 disability access standards for electronic and information technology (29 U.S.C. 794d; i.e., comparable access for individuals with disabilities unless unduly burdensome, with alternatives provided). States may not transmit ballots without the individual's signed electronic affirmation of eligibility, intent to vote only once, and perjury acknowledgment; must treat such ballots as qualifying for free postage under 39 U.S.C. 3406; and may not refuse otherwise valid returned ballots solely due to lack of notarization or witness signature, or restrictions on paper or envelope type (including weight and size). The section makes compliance a state duty under UOCAVA section 102(a) and includes conforming clerical amendments to the table of contents.

This section establishes a grant program administered by the Election Assistance Commission (EAC) under which all states that apply and meet eligibility requirements receive formula grants—allocated pro rata based on each state's voting age population—for recruiting and training individuals to serve as poll workers in elections for public office. Grantees must use the EAC's manual on successful poll worker recruiting, training, and retention practices as an interactive training tool; develop programs with input from adult learning experts; and ensure the manual covers culturally competent methods to serve voters with limited English proficiency, diverse backgrounds, disabilities, or based on gender, sexual orientation, or gender identity. Applications must describe proposed activities, assure funds supplement (not supplant) other resources, commit to reporting the number of poll workers recruited and trained, and include other EAC-required information. Grantees must report to the EAC on activities within 6 months after the final grant; the EAC must report to Congress within 1 year, including recommendations. Appropriations for the program remain available until expended, with no more than 3% available for EAC administrative expenses.

This section defines the term "State" for purposes of this title to include the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

This section amends enforcement provisions of the Help America Vote Act of 2002 (HAVA), which establishes minimum uniform and nondiscriminatory standards for voting systems and administration in federal elections (52 U.S.C. 21111), as follows: (1) designates the existing authority for the Attorney General to bring civil actions as subsection (a); (2) adds subsection (b) authorizing any aggrieved person to file a written, signed, notarized complaint with the Attorney General for title III violations (e.g., denial of voter-verified paper ballots or accurate ballot counting), requiring the Attorney General to respond within the same or shorter deadlines as state procedures under HAVA section 402 and to notify the relevant state entity; (3) adds subsection (c) authorizing such persons to file private actions under 42 U.S.C. 1983 to enforce subtitle A of title III; and (4) adds subsection (d) clarifying that the amendments do not affect state-based administrative complaint procedures. The amendments apply to violations in federal elections held in 2027 or later.

This section prohibits a chief State election administration official (i.e., the highest state official responsible for administering federal elections) from taking an active part in political management or a political campaign for any federal election the official oversees, effective for elections held after December 2026. Active part includes (1) holding any position with or participating in decision-making of a candidate's authorized committee; (2) using official authority or influence to interfere with or affect the election result; (3) soliciting, accepting, or receiving contributions for a federal candidate; and (4) other acts prohibited for certain federal employees under 5 U.S.C. §7323(b)(2)-(3) (excluding running for office). An exception applies if the official or an immediate family member (i.e., parent, child, sibling, spouse, parent-in-law) is a candidate, provided the official recuses from all responsibilities for administering that election and the replacement supervisor does not report to the official.

This section provides that, if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, remain unaffected.