[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 50 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                 H. R. 50

 To amend the Help America Vote Act of 2002 to promote early voting in 
elections for Federal office and to prevent unreasonable waiting times 
  for voters at polling places used in such elections, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

     Mr. George Miller of California (for himself and Mr. Clyburn) 
 introduced the following bill; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to promote early voting in 
elections for Federal office and to prevent unreasonable waiting times 
  for voters at polling places used in such elections, 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 ``Streamlined and Improved Methods at 
Polling Locations and Early (SIMPLE) Voting Act of 2013''.

SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING 
              TIMES FOR VOTERS IN FEDERAL ELECTIONS.

    (a) Requirements for States.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
                    (A) by redesignating sections 304 and 305 as 
                sections 306 and 307; and
                    (B) by inserting after section 303 the following 
                new sections:

``SEC. 304. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an 
election for Federal office on each day occurring during the 15-day 
period which ends on the second day immediately preceding the date of 
the election, in the same manner as voting is allowed on such date.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting prior to the date of a Federal election pursuant to 
subsection (a) shall--
            ``(1) allow such voting for not less than 10 hours on each 
        day; and
            ``(2) have uniform hours each day for which such voting 
        occurs.
    ``(c) Location of Polling Places Near Public Transportation.--To 
the greatest extent practicable, a State shall ensure that each polling 
place which allows voting prior to the date of a Federal election 
pursuant to subsection (a) is located within reasonable walking 
distance of a stop on a public transportation route.
    ``(d) Standards.--
            ``(1) In general.--The Commission shall issue standards for 
        the administration of voting prior to the date scheduled for a 
        Federal election. Such standards shall include the 
        nondiscriminatory geographic placement of polling places at 
        which such voting occurs.
            ``(2) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon providing adequate public notice, to 
        deviate from any requirement in the case of unforeseen 
        circumstances such as a natural disaster, terrorist attack, or 
        a change in voter turnout.
    ``(e) Effective Date.--This section shall apply with respect to 
elections held on or after January 1, 2014.

``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.

    ``(a) Preventing Unreasonable Waiting Times.--
            ``(1) In general.--Each State shall provide a sufficient 
        number of voting systems, poll workers, and other election 
        resources (including physical resources) at a polling place 
        used in any election for Federal office, including a polling 
        place at which individuals may cast ballots prior to the date 
        of the election, to ensure--
                    ``(A) a fair and equitable waiting time for all 
                voters in the State; and
                    ``(B) that no individual will be required to wait 
                longer than one hour to cast a ballot at the polling 
                place.
            ``(2) Criteria.--In determining the number of voting 
        systems, poll workers, and other election resources provided at 
        a polling place for purposes of paragraph (1), the State shall 
        take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered 
                since the most recent Federal election.
                    ``(E) Census data for the population served by the 
                polling place, such as the proportion of the voting-age 
                population who are under 25 years of age or who are 
                naturalized citizens.
                    ``(F) The needs and numbers of voters with 
                disabilities and voters with limited English 
                proficiency.
                    ``(G) The type of voting systems used.
                    ``(H) The length and complexity of initiatives, 
                referenda, and other questions on the ballot.
                    ``(I) Such other factors, including relevant 
                demographic factors relating to the population served 
                by the polling place, as the State considers 
                appropriate.
            ``(3) Guidelines.--Not later than 180 days after the date 
        of the enactment of this section, the Commission shall 
        establish and publish guidelines to assist States in meeting 
        the requirements of this subsection.
            ``(4) Rule of construction.--Nothing in this subsection may 
        be construed to authorize a State to meet the requirements of 
        this subsection by closing any polling place, prohibiting an 
        individual from entering a line at a polling place, or refusing 
        to permit an individual who has arrived at a polling place 
        prior to closing time from voting at the polling place.
    ``(b) Development and Implementation of Contingency Plans.--
            ``(1) In general.--Each State shall develop, and implement 
        to the greatest extent practicable, a contingency plan under 
        which the State shall provide additional poll workers, 
        machines, ballots, and other equipment and supplies (as the 
        case may be) on the date of the election to any polling place 
        used in an election for Federal office, including a polling 
        place at which individuals may cast ballots prior to the date 
        of the election, at which waiting times exceed one hour.
            ``(2) Approval of plan by commission.--The State shall 
        ensure that the contingency plan developed under paragraph (1) 
        is approved by the Commission prior to the date of the election 
        involved, in accordance with such procedures as the Commission 
        may establish.
    ``(c) Effective Date.--This section shall apply with respect to 
elections held on or after January 1, 2014.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the items relating to sections 
                304 and 305 as relating to sections 306 and 307; and
                    (B) by inserting after the item relating to section 
                303 the following new items:

``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
    (b) Report by Election Assistance Commission.--Not later than June 
30 of each odd-numbered year, the Election Assistance Commission shall 
submit to Congress a report assessing the impact of sections 304 and 
305 of the Help America Vote Act of 2002 (as added by subsection (a)) 
on the administration of elections for Federal office during the 
preceding 2-year period, and shall include in the report such 
recommendations as the Commission considers appropriate.
    (c) No Effect on Authority of State To Provide for Longer Periods 
of Early Voting or Greater Amount of Resources at Polling Places.--
Nothing in this section or in any amendment made by this section may be 
construed to prohibit a State, with respect to any election for Federal 
office--
            (1) from providing (in an equitable and nondiscriminatory 
        manner) a longer period for early voting than the minimum 
        period required under section 304 of the Help America Vote Act 
        of 2002 (as added by subsection (a)); or
            (2) from providing (in an equitable and nondiscriminatory 
        manner) a greater number of systems, poll workers, and other 
        election resources at any polling place than the minimum number 
        required under section 305 of such Act (as added by subsection 
        (a)).

SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF 
              UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(42 U.S.C. 15482) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Statewide Counting of Provisional Ballots.--
            ``(1) In general.--For purposes of subsection (a)(4), 
        notwithstanding the precinct or polling place at which a 
        provisional ballot is cast within the State, the appropriate 
        election official shall count each vote on such ballot for each 
        election in which the individual who cast such ballot is 
        eligible to vote.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2014.
    ``(e) Uniform and Nondiscriminatory Standards.--
            ``(1) In general.--Consistent with the requirements of this 
        section, each State shall establish uniform and 
        nondiscriminatory standards for the issuance, handling, and 
        counting of provisional ballots.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2014.''.
    (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C. 
15482(f)), as redesignated by subsection (a), is amended by striking 
``Each State'' and inserting ``Except as provided in subsections (d)(2) 
and (e)(2), each State''.

SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO 
              ENFORCE HELP AMERICA VOTE ACT OF 2002.

    (a) Availability of Civil Penalties and Private Rights of Action.--
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is 
amended to read as follows:

``SEC. 401. ENFORCEMENT.

    ``(a) Action by Attorney General.--
            ``(1) In general.--The Attorney General may bring a civil 
        action against any State or jurisdiction in an appropriate 
        United States District Court for such declaratory and 
        injunctive relief (including a temporary restraining order, a 
        permanent or temporary injunction, or other order) as may be 
        necessary to carry out the requirements of subtitle A of title 
        III.
            ``(2) Assessment of civil money penalty.--In a civil action 
        brought under paragraph (1), if the court finds that the State 
        or jurisdiction violated any provision of subtitle A of title 
        III, it may, to vindicate the public interest, assess a civil 
        penalty against the State or jurisdiction--
                    ``(A) in an amount not to exceed $110,000 for each 
                such violation, in the case of a first violation; or
                    ``(B) in an amount not to exceed $220,000 for each 
                such violation, for any subsequent violation.
            ``(3) Intervention.--Upon timely application, a person 
        aggrieved by a violation of subtitle A of title III with 
        respect to which a civil action is commenced under paragraph 
        (1) may intervene in such action, and may obtain such 
        appropriate relief as the person could obtain in a civil action 
        under subsection (b) with respect to that violation, along with 
        costs and a reasonable attorney fee.
            ``(4) Report to congress.--Not later than December 31 of 
        each year, the Attorney General shall submit to Congress an 
        annual report on any civil action brought under paragraph (1) 
        during the preceding year.
    ``(b) Private Right of Action.--
            ``(1) Availability.--A person who is aggrieved by a State's 
        or jurisdiction's violation of subtitle A of title III may 
        bring a civil action in an appropriate United States District 
        Court for such declaratory or injunctive relief as may be 
        necessary to carry out the requirements of such subtitle.
            ``(2) Costs and attorney fees.--The court may award to a 
        person aggrieved by a violation of subtitle A of title III who 
        prevails in an action brought under paragraph (1) the costs of 
        the action, including a reasonable attorney fee.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 401 to read as 
follows:

``Sec. 401. Enforcement.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations alleged to have occurred on or after 
the date of the enactment of this Act.
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