SB 1136 - This act creates various new provisions relating to voting accessibility for persons with disabilities.PRESUMPTION OF COMPETENCE TO VOTE (Section 115.134)
The act creates a presumption that individuals are competent to vote, regardless of his or her guardianship or conservatorship status. A person shall be deemed mentally incapacitated for purposes of voting, if, during the course of any proceedings establishing a guardian or conservator, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and a conservator or guardian for the person or the estate is appointed. If such a finding is made, the court shall forward its order and determination to the Secretary of State and the election authority in the person's jurisdiction.
VOTER REGISTRATION (Sections 115.133, 115.155, and 115.161)
The act stipulates that persons with disabilities under a conservatorship or guardianship are entitled to register to vote, provided that a court order has not made findings of fact by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process and the individual is not otherwise disqualified from voting.
Persons with disabilities who are otherwise qualified to vote may complete a voter registration form with reasonable accommodations, as needed.
Furthermore, a person shall not be disqualified from voting due to any of the following:
· Signing a voter registration form with a mark;
· Completing a voter registration form with the assistance of another person; or
· Completing a voter registration form with reasonable accommodations.
ACCESSIBLE VOTING MACHINES (Section 115.226)
Under federal law, all voting systems used in federal elections are required to be accessible for individuals with disabilities by meeting a specific set of criteria listed under the federal Help America Vote Act. This act requires the same machines to be used in all elections, including municipal elections.
This act is identical to SB 182 (2023) and certain provisions in SB 98 (2023).
This act is effective January 1, 2025.
SCOTT SVAGERA