Political Party Liability for Accessibility Requirements

Under current law, the general assembly, the secretary of state, and each political party must ensure that it remains an option for a candidate in the state to access the ballot through the caucus process or any future alternative process that is accessible to persons with disabilities. a political party must also ensure that any person, upon request, is able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform or alternative means of participation. The failure of any political party to make a reasonable effort to comply with these accessibility requirements constitutes discrimination on the basis of disability in a place of public accommodation.

The bill clarifies that these duties are duties of the state political party and only a person who is otherwise eligible pursuant to statute to participate in a precinct caucus or a party assembly may request video conferencing or another alternative means of participation. The bill also clarifies that a person who is subjected to a violation of a state political party's duties regarding these accessibility requirements may file suit only against the state central committee of the political party holding the caucus or assembly . An individual, including a member of the central committee of the political party or a volunteer for a political party, or a local political party may not be held liable for a violation of the state political party's duties regarding these accessibility requirements. Upon a finding of a violation of these accessibility requirements, a court may require compliance with the applicable accessibility requirement and either actual monetary damages or a statutory fine of $3,500 for each violation.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)