Political Party Liability for Accessibility Requirements

Under current law, a political party must 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 act clarifies that 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 act also clarifies that a person who is subjected to a violation of a political party's duties regarding these accessibility requirements may file suit only against the 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, may not be held liable for a violation of 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: This summary applies to this bill as enacted.)