41-1421. Voting rights; definitions

A. A citizen of the United States who is a resident of this state, who is qualified to become an elector as prescribed by the terms of section 16-101 and who is otherwise qualified by law to vote at any election by or in this state or any county, city, town, school district or other political subdivision of this state is entitled to and shall be allowed to vote at those elections without discrimination because of race, color, religion, sex, ancestry or national origin.

B. A qualified individual with a disability shall not be excluded from voting or be discriminated in voting under this section by reason of the disability.

C. This state or any county, city, town, school district or other political subdivision of this state that makes reasonable modifications to rules, policies or practices, removes architectural and communication barriers and provides auxiliary aids and services to persons with disabilities has complied with this article.

D. Compliance with title II of the Americans with disabilities act (42 United States Code sections 12131 through 12134) and its implementing regulations and the voter accessibility for the elderly and the handicapped act (42 United States Code sections 1977ee through 1977ee-6) is deemed in compliance with this article.

E. For the purposes of this section:

1. " Disability" means, with respect to an individual, any of the following:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.

(b) A record of such a physical or mental impairment.

(c) Being regarded as having such a physical or mental impairment.

2. " Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural and communication barriers or the provision of auxiliary aids and services, meets the eligibility requirements prescribed in subsection A of this section.