[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 955 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 955

To amend the Help America Vote Act of 2002 to reduce waiting times for 
                      voters in Federal elections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2019

  Mr. Merkley 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 reduce waiting times for 
                      voters in Federal elections.

    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 ``Polling Place Protection Act of 
2019''.

SEC. 2. 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 (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating sections 304 as section 307; 
                and
                    (B) by inserting after section 303 the following 
                new section:

``SEC. 304. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.

    ``(a) Preventing Unreasonable Waiting Times.--
            ``(1) In general.--Each State and jurisdiction which is 
        responsible for administering elections for Federal office 
        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 reasonably uniform ratio of election staff 
                and voting systems to registered voters in the 
                jurisdiction;
                    ``(B) a reasonably uniform and geographic 
                distribution of polling places to ensure that all 
                voters in a jurisdiction have equal access to polling 
                places;
                    ``(C) a fair and equitable waiting time for all 
                voters in the State; and
                    ``(D) that no individual will be required to wait 
                longer than 30 minutes 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 jurisdiction 
        shall take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past and similar 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) Complaints received during and following 
                prior elections about long wait times or other problems 
                voters experienced at polling places in the 
                jurisdiction, including whether and in which ways 
                polling places worked to remedy such complaints.
                    ``(J) Such other factors, if available, including 
                relevant demographic factors relating to the population 
                served by the polling place determined by the State or 
                jurisdiction.
            ``(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 and 
        jurisdictions in meeting the requirements of this subsection.
            ``(4) Rule of construction.--Nothing in this subsection may 
        be construed to authorize a State or jurisdiction 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 Election Administration 
Plans, Including Contingency Plans.--
            ``(1) In general.--Each jurisdiction which administers 
        elections for Federal office shall develop, and implement to 
        the greatest extent practicable, an election administration 
        plan for each election for Federal office, in accordance with 
        applicable Federal and State law. Such election administration 
        plan shall include a contingency plan under which the 
        jurisdiction 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 30 minutes. Each such contingency 
        plan shall also include a provision by which the jurisdiction 
        shall extend the closing time for the polling place in the case 
        where there is a delay in the timely opening or operation of a 
        polling place or when voters have waited more than 30 minutes 
        to cast a ballot. Such extended poll hours shall be 
        commensurate with the total time of the delayed opening or 
        operation of the polling place and for the total period of time 
        exceeding 30 minutes that voters had to wait in order to cast a 
        ballot at the polling place from the time of arrival.
            ``(2) Approval of plan by commission.--Notwithstanding 
        section 209, 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 the date that is 180 days after the date of 
enactment of this section.''.
            (2) Enforcement; private right of action for unreasonable 
        waiting times for voters.--
                    (A) In general.--Section 401 of the Help America 
                Vote Act of 2002 (52 U.S.C. 21111) is amended--
                            (i) by striking the section heading and 
                        inserting the following: ``enforcement'';
                            (ii) by striking ``The Attorney General'' 
                        and inserting ``(a) In General.--The Attorney 
                        General'';
                            (iii) in subsection (a), as added by 
                        subparagraph (B), by striking ``and 303'' and 
                        inserting ``303, and 304''; and
                            (iv) by adding at the end the following new 
                        subsection:
    ``(b) Private Right of Action.--
            ``(1) Availability.--A person who is aggrieved by a State's 
        or jurisdiction's violation of section 304, relating to 
        preventing unreasonable waiting times for voter, 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 section.
            ``(2) Costs and attorney fees.--The court may award to a 
        person aggrieved by a violation of section 304 who prevails in 
        an action brought under paragraph (1) the costs of the action, 
        including a reasonable attorney fee.
    ``(c) Extension of Polling Hours.--A United States District Court 
may extend the hours for a polling location in any action brought under 
subsection (a) or (b) to enforce the provisions of such section 304.''.
                    (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.''.
            (3) Conforming amendment relating to rulemaking 
        authority.--Section 209 of such Act (52 U.S.C. 20929) is 
        amended by striking ``The Commission'' and inserting ``Except 
        as provided in section 304(b)(2), the Commission''.
            (4) Clerical amendments.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                304 as relating to section 307; and
                    (B) by inserting after the item relating to section 
                303 the following new item:

``Sec. 304. 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 section 304 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 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 304 
of such Act (as added by subsection (a)).
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