AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

Federal and Delaware law protect the right to vote and the rights of individuals with disabilities to have equal access to voting places and public facilities. Nonetheless, recent information suggests that a substantial number of polling places in Delaware are either inaccessible to persons with disabilities or lack accessible parking, infringing on the right of all eligible persons to vote in this State. This substitute, like House Bill No. 293, requires that the Department of Elections ensure that polling places selected for elections are accessible to voters with disabilities and elderly voters. This substitute adds a provision that in addition to being accessible, the accessibility features are available to voters in any election. Like House Bill No. 293, this substitute allows certain exceptions for states of emergency, or for circumstances in which no accessible polling place in a particular polling area is available and the Election Commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request. This substitute limits the states of emergency that would allow an exception to natural disasters or other emergencies that render a polling place unsafe or unusable. This substitute also adds a provision allowing any person with information that the Department has not complied with this section to file an administrative complaint with the Department.