[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4668 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4668

  To amend the Help America Vote Act of 2002 to ensure that voters in 
  elections for Federal office do not wait in long lines in order to 
                                 vote.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2020

 Mr. Wyden (for himself, Mr. Merkley, and Mrs. Gillibrand) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Help America Vote Act of 2002 to ensure that voters in 
  elections for Federal office do not wait in long lines in order to 
                                 vote.

    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 ``People Over Long Lines Act (POLL 
Act)''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote for all Americans is fundamental and 
        rules for voting and election administration should protect the 
        right to vote and promote voter participation.
            (2) It is the responsibility of the State and Federal 
        Governments to ensure that every eligible citizen is able to 
        register to vote and to cast a ballot.
            (3) There continues to be an alarming movement to erect 
        barriers to make it more difficult for Americans to participate 
        in our Nation's democratic process. The Nation has witnessed 
        unprecedented efforts to turn back the clock and erect barriers 
        to voting for communities of color, which have faced historic 
        and continuing discrimination, as well as disabled, young, 
        elderly, and low-income Americans.
            (4) One way voting in communities of color has been 
        suppressed is through long waits at polling locations. Studies 
        have shown a number of contributing factors, including the 
        drastic reduction of early voting days, poor allocation of 
        resources to certain communities, cuts to election funding, and 
        a reduction of polling locations.
            (5) A 2019 study led by economist Keith Chen of the 
        University of California, Los Angeles, matched anonymous 
        location data from 10,000,000 smartphones to 93,000 polling 
        places to create the most extensive map to date of voter wait 
        times across the United States. The results showed one very 
        clear disparity: voters in predominantly Black neighborhoods 
        waited 29 percent longer, on average, than those in White 
        neighborhoods. They were also about 74 percent more likely to 
        wait for more than half an hour.
            (6) Waiting in long lines discourages people from voting, 
        undermines confidence in the electoral system, and imposes 
        economic costs on voters.
            (7) Long lines are estimated to have deterred between 
        500,000 and 700,000 people from casting their ballot in 2012.
            (8) These problems led to the creation of the bipartisan 
        Presidential Commission on Election Administration, which 
        issued a 2014 report that set forth a standard: ``No citizen 
        should have to wait more than 30 minutes to vote.''.
            (9) Despite the work of the Presidential Commission on 
        Election Administration, long lines continue, particularly in 
        communities of color where racial discrimination in voting is a 
        clear and persistent problem.
            (10) In the Arizona 2016 Presidential primary, in one 
        Maricopa County polling place for mostly Latino voters, some 
        waited for 4 hours or more in the 80-degree heat to cast their 
        ballots. For the 2016 general election, 3 people collapsed 
        while waiting to vote in an hours-long line in Georgia, and a 
        line to vote in Cincinnati, Ohio was a half-mile long.
            (11) According to a nationwide study, in 2016, roughly 3 
        percent of people standing in line at voting locations left 
        before they could vote as a result of long lines.
            (12) The disenfranchisement that long lines create for 
        voters is not limited to that one election. Research suggests 
        that for each hour would-be voters wait, their probability of 
        voting in the next election drops by 1 percentage point.
            (13) Congress has the authority under article I, section 4 
        of the Constitution of the United States to enact laws 
        governing the time, place, and manner of Federal elections.
            (14) Congress also has authority under section 2 of the 
        15th Amendment to enforce the right of citizens of the United 
        States to vote, which shall not be denied or abridged by the 
        United States, by legislation.

SEC. 3. PREVENTING UNREASONABLE VOTER WAITING TIMES.

    (a) State Plans Required.--Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 20901 et seq.) 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. UNREASONABLE VOTER WAITING TIMES.

    ``(a) State Plans.--
            ``(1) In general.--Not later than 60 days before each 
        election for Federal office, each State shall make public 
        (including through the website of the State on which election 
        information is normally published) and submit to the Commission 
        a written plan which meets the public notice and comment 
        requirements of paragraph (2) and describes the measures it is 
        implementing to ensure, to the greatest extent possible, an 
        equitable waiting time for all voters in the State, and a 
        waiting time of less than 30 minutes at any polling place in 
        the election.
            ``(2) Public notice comment requirement.--The public notice 
        and comment requirements of this paragraph are met if--
                    ``(A) not later than 30 days prior to the 
                submission of the plan to the Commission, the State 
                made a preliminary version of the plan available for 
                public inspection and comment;
                    ``(B) the State publishes notice that the 
                preliminary version of the plan is so available; and
                    ``(C) the State took the public comments made 
                regarding the preliminary version of the plan into 
                account in preparing the plan which was submitted to 
                the Commission under paragraph (1).
    ``(b) Prohibition on Unreasonable Voter Waiting Times.--Each State 
shall ensure that no person voting in an election for Federal office 
shall wait for more than 30 minutes at any polling place for purposes 
of casting a vote in such election.
    ``(c) Remedial Plans for States With Excessive Voter Wait Times.--
            ``(1) Review of voter wait times.--After each election for 
        Federal office, the Commission shall review voter waiting times 
        for each jurisdiction for which voting in such election took 
        place and make publicly available a report on its findings.
            ``(2) State remedial plans.--
                    ``(A) Remedial plans.--Notwithstanding section 209, 
                each jurisdiction for which the Commission, after the 
                review conducted under paragraph (1), determines that a 
                substantial number of voters waited more than 60 
                minutes to cast a vote, or in which there were 
                substantial violations of the standards established 
                under section 299, shall comply with a State remedial 
                plan established by the Commission to provide for the 
                effective allocation of resources to administer 
                elections for Federal office held in the State and to 
                reduce the waiting time of voters.
                    ``(B) Coordination with attorney general and 
                states.--Each remedial plan established by the 
                Commission shall provide for coordination between the 
                Commission, the Attorney General, and the State 
                involved to monitor the compliance of the State with 
                the remedial plan during the period leading up to the 
                election and on the date of the election and to respond 
                to serious delays in the ability of voters to cast 
                their ballots at polling places.
                    ``(C) Termination.--A jurisdiction shall not be 
                required to comply with a State remedial plan required 
                under subparagraph (A) if the Commission determines 
                that the voter waiting times were less than 60 minutes 
                for 2 consecutive regularly scheduled general elections 
                for Federal office.
            ``(3) Jurisdiction defined.--For purposes of this 
        subsection, the term `jurisdiction' has the meaning given the 
        term `registrar's jurisdiction' in section 8(j) of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
            ``(4) Standards.--Not later than 180 days after the date of 
        the enactment of this section, the Commission shall establish 
        standards for conducting the review under paragraph (1) and for 
        establishing remedial plans under paragraph (2)(A).
            ``(5) Appropriations.--In addition to other amounts 
        authorized to be appropriated to the Commission, there are 
        authorized to be appropriated for each of the fiscal years 2021 
        through 2031, $5,000,000 for each such year for the Commission 
        to carry out this subsection.
    ``(d) Emergency Ballots.--
            ``(1) In general.--In the event of a failure of voting 
        equipment or other circumstance at a polling place that causes 
        an unreasonable delay, any individual who is waiting at the 
        polling place to cast a ballot in an election for Federal 
        office at the time of the failure shall be advised immediately 
        of the individual's right to use an emergency paper ballot, and 
        upon request shall be provided with such an emergency paper 
        ballot for the election and the supplies necessary to mark the 
        ballot.
            ``(2) Ballot requirements.--Any emergency paper ballot 
        provided under paragraph (1) shall--
                    ``(A) include the names of each candidate for each 
                Federal office for which voting occurs at such polling 
                place; and
                    ``(B) be available in each language for which other 
                ballots provided at the polling place are available.
            ``(3) Disposition of ballot.--Any emergency paper ballot 
        which is cast by an individual under this subsection shall be 
        counted in the same manner as a regular ballot, unless the 
        individual casting the ballot would have otherwise been 
        required to cast a provisional ballot in the absence of the 
        delay, in which case that ballot shall be treated in the same 
        manner as a provisional ballot.''.
    (b) Private Right of Action.--Title IV of the Help America Vote Act 
of 2002 (52 U.S.C. 21111 et seq.) is amended by adding at the end the 
following new section:

``SEC. 403. PRIVATE RIGHT OF ACTION FOR UNREASONABLE VOTER WAITING 
              TIME.

    ``(a) In General.--In the case of a violation of section 304(b), 
section 402 shall not apply and any person who is aggrieved by such 
violation may commence a civil action in any appropriate district court 
of the United States for relief.
    ``(b) Relief.--In any civil action commenced under subsection (a):
            ``(1) In general.--If the court finds a violation of 
        section 304(a), the court shall assess a civil penalty equal to 
        the sum of--
                    ``(A) $50; plus
                    ``(B) an additional $50 for each additional hour 
                the person waited at the polling place to cast a vote.
            ``(2) Special rule.--If the court determines that the 
        violation was due to an intentional action to suppress votes or 
        was made with reckless disregard of the requirements of section 
        304--
                    ``(A) paragraph (1)(A) shall be applied by 
                substituting `$650' for `$50'; and
                    ``(B) paragraph (1)(B) shall be applied by 
                substituting `$150' for `$50'.''.
    (c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 
20922) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) carrying out the duties described in section 
        304(c);''.
    (d) Clerical Amendments.--The table of contents of the Help America 
Vote Act of 2002 is amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306, and by inserting after 
        the item relating to section 303 the following new item:

``Sec. 304. Unreasonable voter waiting times.'';
        and
            (2) by inserting after the item relating to section 402 the 
        following new item:

``Sec. 403. Private right of action for unreasonable voter waiting 
                            time.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION 
              RESOURCES.

    (a) Minimum Requirements.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end 
        the following new subtitle:

                 ``Subtitle C--Additional Requirements

``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Each State shall provide for the minimum 
required number of voting systems, poll workers, and other election 
resources (including all other physical resources) for each voting site 
on the day of any Federal election and on any days during which such 
State allows early voting for a Federal election in accordance with the 
standards determined under section 299.
    ``(b) Voting Site.--For purposes of this section and section 299, 
the term `voting site' means a polling location, except that in the 
case of any polling location that serves more than 1 precinct, such 
term shall mean a precinct.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after September 15, 2021.''.
            (2) Conforming amendment.--Section 401 of the Help America 
        Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 
        303'' and inserting ``303, and subtitle C''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        III the following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Minimum required voting systems and poll workers.''.
    (b) Standards.--
            (1) In general.--Title II of the Help America Vote Act of 
        2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end 
        the following new subtitle:

                  ``Subtitle E--Guidance and Standards

``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING 
              SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Not later than February 1, 2021, the Attorney 
General, to the maximum extent practicable in coordination with the 
Commission, shall issue standards regarding the minimum number of 
voting systems, poll workers, and other election resources (including 
all other physical resources) required under section 321 on the day of 
any Federal election and on any days during which early voting is 
allowed for a Federal election.
    ``(b) Distribution.--
            ``(1) In general.--The standards described in subsection 
        (a) shall provide for a uniform and nondiscriminatory 
        distribution of such systems, workers, and other resources, and 
        shall take into account, among other factors, the following 
        with respect to any voting site (as defined in section 321(b)):
                    ``(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 such 
                voting site.
                    ``(F) The educational levels and socio-economic 
                factors of the population served by such voting site.
                    ``(G) The needs and numbers of disabled voters and 
                voters with limited English proficiency.
                    ``(H) The type of voting systems used.
            ``(2) No factor dispositive.--The standards shall provide 
        that any distribution of such systems shall take into account 
        the totality of all relevant factors, and no single factor 
        shall be dispositive under the standards.
            ``(3) Purpose.--To the extent possible, the standards shall 
        provide for a distribution of voting systems, poll workers, and 
        other election resources, with the goals of--
                    ``(A) ensuring an equal waiting time for all voters 
                in the State; and
                    ``(B) preventing a waiting time of over 30 minutes 
                at any polling place.
            ``(4) Special rule regarding electronic poll books.--
        Notwithstanding paragraphs (1), (2), and (3), in the case of 
        any voting site that uses an electronic poll book, the 
        standards described in subsection (a) shall require at least 1 
        paper poll book (containing identical information to the 
        information in the electronic poll book) for each such 
        electronic poll book used at such voting site.
    ``(c) Deviation.--The standards described in subsection (a) shall 
permit States, upon giving reasonable public notice, to deviate from 
any allocation requirements in the case of unforeseen circumstances 
such as a natural disaster or terrorist attack.''.
            (2) Conforming amendment.--Section 202 of such Act (52 
        U.S.C. 20922), as amended by section 3(c), is amended--
                    (A) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) carrying out the duties described in subtitle E;''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        II the following:

                  ``Subtitle E--Guidance and Standards

``Sec. 299. Standards for establishing the minimum required voting 
                            systems and poll workers.''.

SEC. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              ADMINISTRATION OFFICIALS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 
319 the following new section:

 ``campaign activities by chief state election administration officials

    ``Sec. 319A.  (a) Prohibition.--It shall be unlawful for a chief 
State election administration official to take an active part in 
political management or in a political campaign with respect to any 
election for Federal office over which such official has supervisory 
authority.
    ``(b) Chief State Election Administration Official.--The term 
`chief State election administration official' means the highest State 
official with responsibility for the administration of Federal 
elections under State law.
    ``(c) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) serving as a member of an authorized committee of a 
        candidate for Federal office;
            ``(2) the use of official authority or influence for the 
        purpose of interfering with or affecting the result of an 
        election for Federal office;
            ``(3) the solicitation, acceptance, or receipt of a 
        contribution from any person on behalf of a candidate for 
        Federal office; and
            ``(4) any other act which would be prohibited under 
        paragraph (2) or (3) of section 7323(b) of title 5, United 
        States Code, if taken by an individual to whom such paragraph 
        applies (other than any prohibition on running for public 
        office).
    ``(d) Exception in Case of Recusal From Administration of Elections 
Involving Election Official or Immediate Family Member.--
            ``(1) In general.--This section does not apply to a chief 
        State election administration official with respect to an 
        election for Federal office in which such official or an 
        immediate family member of the official is a candidate, but 
        only if--
                    ``(A) such official recuses himself or herself from 
                all of the official's responsibilities for the 
                administration of such election; and
                    ``(B) the official who assumes responsibility for 
                supervising the administration of the election does not 
                report directly to such official.
            ``(2) Immediate family member defined.--In paragraph (1), 
        the term `immediate family member' means, with respect to a 
        candidate, a father, mother, son, daughter, brother, sister, 
        husband, wife, father-in-law, or mother-in-law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to elections for Federal office held after September 
15, 2021.

SEC. 6. PAYMENTS TO STATES TO PREVENT UNREASONABLE WAIT TIMES AND 
              PROMOTE WELL-RUN ELECTIONS.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end 
the following:

   ``PART VII--PAYMENTS FOR PREVENTING UNREASONABLE VOTER WAIT TIMES

``SEC. 297. PAYMENTS TO STATES.

    ``(a) In General.--The Commission shall make a payment to each 
eligible State. Such payments shall be made not later than 30 days 
after the date of enactment of this part.
    ``(b) Eligible State.--For purposes of this section, a State is an 
eligible State if such State has filed with the Commission a State plan 
covering the fiscal year in which the State describes how it intends to 
use the funds provided under this section.
    ``(c) Use of Funds.--An eligible State shall use the payment 
received under this part to meet the requirements of section 304 and 
321.
    ``(d) Amount of Payment.--
            ``(1) In general.--The amount of payment made to a State 
        under this section shall be the minimum payment amount 
        described in paragraph (2) plus the voting age population 
        proportion amount described in paragraph (3).
            ``(2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, or the United States Virgin 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            ``(3) Voting age population proportion amount.--The voting 
        age population proportion amount described in this paragraph is 
        the product of--
                    ``(A) the aggregate amount made available for 
                payments under this section minus the total of all of 
                the minimum payment amounts determined under paragraph 
                (2); and
                    ``(B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            ``(4) Voting age population proportion defined.--The term 
        `voting age population proportion' means, with respect to a 
        State, the amount equal to the quotient of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for payments under this section $500,000 for each fiscal year.
            ``(2) Availability.--Any amounts appropriated pursuant to 
        the authority of paragraph (1) shall remain available without 
        fiscal year limitation until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 296 the 
following:

   ``PART VII--Payments for Preventing Unreasonable Voter Wait Times

``Sec. 297. Payments to States.''.
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