[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3557 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3557

To amend the Help America Vote Act of 2002 to require States to permit 
  individuals to register to vote at polling places on the date of an 
  election, to cast ballots at designated polling places prior to the 
date of an election, and to obtain absentee ballots for an election for 
                  any reason, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

   Mr. Hastings of Florida introduced the following bill; which was 
 referred to the Committee on House Administration, and in addition to 
 the Committees on Government Reform and Education and the Workforce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Help America Vote Act of 2002 to require States to permit 
  individuals to register to vote at polling places on the date of an 
  election, to cast ballots at designated polling places prior to the 
date of an election, and to obtain absentee ballots for an election for 
                  any reason, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Outreach and Turnout Expansion 
Act of 2005''.

       TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS

SEC. 101. SAME-DAY VOTER REGISTRATION.

    (a) In General.--Section 303 of the Help America Vote Act of 2002 
(42 U.S.C. 15483) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Permitting Voter Registration on Date of Election.--
            ``(1) In general.--At each polling place in a State at 
        which ballots are cast in an election for Federal office, an 
        individual may register to vote on the date of the election, 
        and may cast a vote at the polling place in the election, if 
        the individual--
                    ``(A) completes an application for voter 
                registration in accordance with the requirements of 
                this Act and other applicable law; and
                    ``(B) executes a written affirmation before an 
                election official at the polling place stating that the 
                individual is eligible to register to vote in the 
                jurisdiction in which the individual desires to vote 
                and has not already voted in the election.
            ``(2) Transmittal of completed applications to state 
        election official.--An appropriate official at a polling place 
        shall transmit any voter registration application accepted 
        under this subsection to the appropriate State election 
        official at the time the official at the polling place 
        transmits the ballots cast at the polling place to the 
        official.
            ``(3) Notice to individuals filing voter registration 
        applications after deadline.--If an individual's application 
        for voter registration prior to the date of an election is 
        received by the appropriate election official after the 
        deadline for receipt of applications with respect to the 
        election under State law, the official shall transmit a notice 
        to the individual stating that the application was received 
        after the deadline and that the individual may register to vote 
        at the polling place on the date of the election in accordance 
        with this subsection.
            ``(4) Requirements under national voter registration act of 
        1993.--In carrying out this subsection, a polling place in a 
        State shall meet the requirements applicable to a voter 
        registration agency designated by the State under section 
        7(a)(2) of the National Voter Registration Act of 1993 (42 
        U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and 
        (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg-
        5(a)(6)(B)) shall not apply with respect to any of the voter 
        registration forms distributed by the polling place pursuant to 
        this subsection.''.
    (b) Inclusion in Voting Information Requirements.--Section 
302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended--
            (1) in subparagraph (E), by inserting ``and the right to 
        register to vote at the polling place on the date of an 
        election and vote in that election'' after ``provisional 
        ballot'';
            (2) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G); and
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) instructions for individuals registering to 
                vote at the polling place under section 303(d);''.
    (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 
15483(e)), as redesignated by subsection (a), is amended by adding at 
the end the following new paragraph:
            ``(3) Requirement for voter registration on date of 
        election.--Each State and jurisdiction shall be required to 
        comply with the requirements of subsection (d) on and after 
        January 1, 2006.''.

SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION; 
              PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY 
              REASON.

    (a) In General.--The Help America Vote Act of 2002 is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING.

    ``(a) Requiring Jurisdictions to Establish Early Voting Sites.--
            ``(1) In general.--Each jurisdiction in a State which 
        administers an election for Federal office shall designate 
        early voting sites within the jurisdiction to serve as polling 
        places for the election prior to the date of the election, and 
        shall permit any individual who is registered to vote in the 
        election and eligible to cast a ballot at any polling place 
        within the jurisdiction to cast the ballot at the site.
            ``(2) Treatment of ballots cast at sites.--After a ballot 
        is cast for an election at an early voting site under this 
        subsection, the ballot shall be held and tabulated by the 
        jurisdiction in the same manner as an absentee ballot cast for 
        the election.
            ``(3) Period of operation.--The jurisdiction shall operate 
        the early voting sites designated under this subsection for an 
        election during such period as it considers appropriate, except 
        that--
                    ``(A) the period may not begin later than the 22nd 
                day before the date of the election or the date on 
                which the ballots for the election are available to be 
                cast (whichever occurs later); and
                    ``(B) at least 2 of the days during the period 
                shall be weekend days.
            ``(4) Conditions for designation and distribution of 
        sites.--The number of early voting sites of a jurisdiction and 
        the location of such sites within the jurisdiction shall be 
        determined by the jurisdiction, subject to the following 
        conditions:
                    ``(A) To the greatest extent practicable, the 
                jurisdiction shall designate sites which are also 
                designated as voter registration agencies under section 
                7 the National Voter Registration Act of 1993 (42 
                U.S.C. 1973gg-5).
                    ``(B) The aggregate number of voting systems used 
                in all such sites in the jurisdiction may not be less 
                than 25 percent of the total number of voting systems 
                which will be used in all polling places in the 
                jurisdiction on the date of the election.
                    ``(C) At least one of the sites selected, and the 
                voting system used at such site, shall be accessible 
                for individuals with disabilities (including the blind 
                and visually impaired).
                    ``(D) The geographic distribution of the sites 
                shall reflect the geographic distribution of the voting 
                age population of the jurisdiction.
                    ``(E) In establishing sites, the jurisdiction shall 
                comply with the applicable requirements of the Voting 
                Rights Act of 1965 (42 U.S.C. 1973 et seq.).
    ``(b) Permitting Voters to Obtain Absentee Ballots for Any 
Reason.--No State election official may require an individual who 
requests an absentee ballot for an election to provide a reason for the 
request, or to otherwise provide any proof of the individual's need for 
an absentee ballot, as a condition of obtaining the ballot.''.
    (b) Conforming Amendments.--
            (1) Deadline for adoption of voluntary guidance by election 
        assistance commission.--Section 311(b) of such Act (42 U.S.C. 
        15501(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) in the case of recommendations with respect to 
        section 304, January 1, 2006.''.
            (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) 
        is amended by striking ``and 303'' and inserting ``303, and 
        304''.
    (c) Clerical Amendment.--The table of sections for subtitle A of 
title III of such Act is amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as items relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``304. Promoting early and absentee voting.''.

SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO 
              COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION 
              APPLICATIONS.

    Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(b)(4)(B)) is amended to read as follows:
                    ``(B) Incomplete forms.--If an applicant for voter 
                registration with respect to an election fails to 
                answer any of the questions included on the mail voter 
                registration form pursuant to subparagraph (A), or 
                otherwise fails to provide any information required to 
                be provided on the form, the registrar shall--
                            ``(i) notify the applicant of the failure 
                        and of the opportunity for the applicant to 
                        register to vote at the polling place on the 
                        date of the election in accordance with 
                        subsection (d); and
                            ``(ii) if the form was received by the 
                        registrar within the deadline under State law 
                        for the receipt of voter registration 
                        applications with respect to the election, 
                        provide the applicant with an opportunity to 
                        complete the form in a timely manner to allow 
                        for the completion of the registration form 
                        prior to the election.''.

SEC. 104. ADDITIONAL FUNDING.

    Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15407(a)) is amended--
            (1) in paragraph (1), by striking ``$1,400,000,000'' and 
        inserting ``$1,405,000,000'';
            (2) in paragraph (2), by striking ``$1,000,000,000'' and 
        inserting ``$1,005,000,000''; and
            (3) in paragraph (3), by striking ``$600,000,000'' and 
        inserting ``$605,000,000''.

SEC. 105. EFFECTIVE DATE.

    The amendments made by this title shall take effect as if included 
in the enactment of the Help America Vote Act of 2002.

              TITLE II--REMOVING OTHER BARRIERS TO VOTING

SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR 
              PURPOSES OF FEDERAL EMPLOYMENT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) many Americans do not vote on Election Day because of 
        conflicting work schedules;
            (2) Federal, State, and local governments should share the 
        responsibility for increasing voter turnout on Election Day;
            (3) States should establish Election Day as a legal public 
        holiday in each year and should provide full paid leave for 
        State government employees on Election Day; and
            (4) the treatment of Election Day in the same manner as 
        Veterans Day for purposes of laws relating to Federal 
        employment will lead to increased voter turnout and will 
        increase the availability of poll workers and suitable polling 
        places.
    (b) Treatment of Election Day in Same Manner as Veterans Day for 
Purposes of Federal Employment.--For purposes of any law relating to 
Federal employment, the Tuesday next after the first Monday in November 
in 2006 and each even-numbered year thereafter shall be treated in the 
same manner as November 11.

SEC. 202. VOTING LEAVE.

    (a) In General.--Each employee of an employer may take up to 2 
hours of leave (or up to 3 hours of leave, in the case of an employee 
whose workplace is further than 25 miles from the polling place at 
which the employee is eligible to cast a ballot under State law) in 
order to vote on any workday on which an election for Federal office is 
held.
    (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other 
provision of law, leave granted under this subsection may be unpaid 
leave or paid leave.
    (c) Duties of Employee.--An employee taking leave under this 
subsection shall make a reasonable effort to schedule the leave so as 
not to disrupt unduly the operations of the employer, shall provide 
such notice prior to taking leave as is practicable, and shall make a 
reasonable effort to vote.
    (d) No Loss of Benefits.--The taking of leave under this subsection 
shall not result in the loss of any employment benefit accrued prior to 
the date on which the leave commenced.
    (e) Prohibited Acts.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the taking of or 
        the attempt to take any leave provided under this subsection.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against any 
        individual for--
                    (A) opposing any practice made unlawful by this 
                subsection;
                    (B) filing any charge, or instituting or causing to 
                be instituted any proceeding, under or related to this 
                subsection;
                    (C) giving or preparing to give any information in 
                connection with any inquiry or proceeding relating to 
                any leave provided under this subsection; or
                    (D) testifying or preparing to testify in any 
                inquiry or proceeding relating to any leave provided 
                under this subsection.
    (f) Investigative Authority.--The Secretary of Labor shall have 
investigative authority with respect to the provisions of this 
subsection in the same manner and under the same terms and conditions 
as the investigative authority provided under section 106 of the Family 
and Medical Leave Act of 1993, and the requirements of section 106 of 
such Act shall apply to employers under this subsection in the same 
manner as such requirements apply to employers under section 106 of 
such Act.
    (g) Enforcement.--The provisions of section 107 of the Family and 
Medical Leave Act of 1993 shall apply with respect to the enforcement 
of the requirements of this subsection in the same manner and under the 
same terms and conditions as such provisions apply with respect to the 
enforcement of the requirements of title I of such Act.
    (h) Employer Defined.--In this section, the term ``employer'' means 
any person engaged in commerce or in any industry or activity affecting 
commerce who employs 25 or more employees during a calendar year, and 
includes any person who acts, directly or indirectly, in the interest 
of an employer to any of the employees of such employer and any 
successor in interest of an employer. In the previous sentence, the 
terms ``commerce'' and ``industry or activity affecting commerce'' have 
the meaning given such terms in section 101(1) of the Family and 
Medical Leave Act of 1993.
    (i) Nondiscrimination.--The implementation and enforcement of this 
section shall be in compliance with the Voting Rights Act of 1965.
    (j) Effective Date.--This section shall apply with respect to 
elections occurring after January 2006.

SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS 
              AND VOTING MATERIALS.

    It is the sense of Congress that the distribution of sample 
ballots, information on voting, and other voter education materials 
will help to prevent errors by voters at the polls and to reduce the 
rates of spoiled ballots, and Congress encourages States and other 
jurisdictions which administer elections to distribute these materials 
to registered voters prior to elections.
                                 <all>