[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 957 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 957

    To amend the Help America Vote Act of 2002 to establish minimum 
                     requirements for early voting.


_______________________________________________________________________


                   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 establish minimum 
                     requirements for early voting.

    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 ``Early Voting Act''.

SEC. 2. ESTABLISHING MINIMUM REQUIREMENTS FOR EARLY VOTING.

    (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 section 304 as section 307; 
                and
                    (B) by inserting after section 303 the following 
                new section:

``SEC. 304. EARLY VOTING.

    ``(a) In General.--Each State and jurisdiction which is responsible 
for administering elections for Federal office shall allow individuals 
to vote in an election for Federal office on each day occurring during 
the 15-day period which ends on the Friday immediately preceding the 
date of the election, in the same manner as voting is allowed on such 
date.
    ``(b) Minimum Early Voting Requirements.--
            ``(1) Minimum number of early voting locations based on 
        voting population.--
                    ``(A) In general.--Each jurisdiction shall have at 
                least the applicable number of polling places specified 
                under subparagraph (B) open for early voting pursuant 
                to subsection (a) and in accordance with the 
                requirements under paragraphs (2) and (3).
                    ``(B) Minimum applicable number of voting systems 
                specified.--For purposes of subparagraph (A), the 
                applicable number of polling places specified in this 
                subparagraph is--
                            ``(i) in the case of a jurisdiction that 
                        has (as of the 60th day prior to an election 
                        for Federal office, if available, or if not 
                        available, as reported in the most recent 
                        decennial census) a voting age population 
                        greater than 100,000, 2; and
                            ``(ii) in the case of a jurisdiction that 
                        has (as of such date, if available, or if not 
                        available, as reported in the most recent 
                        decennial census) a voting age population equal 
                        to or less than 100,000, 1.
            ``(2) Minimum number of early voting locations per 
        county.--Each jurisdiction shall ensure that each county within 
        the jurisdiction has more than 1 polling location.
            ``(3) Other requirements.--Each polling place which allows 
        voting prior to the date of a Federal election pursuant to 
        subsection (a) shall--
                    ``(A) allow such voting for not less than 10 hours 
                on each day; and
                    ``(B) 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 or jurisdiction 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 no more than \1/2\ mile of a stop on a 
public transportation route.
    ``(d) Standards.--
            ``(1) In general.--Notwithstanding section 209, 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--
                    ``(A) subject to subparagraph (B), permit States 
                and jurisdictions, 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; and
                    ``(B) include minimum standards for States and 
                jurisdictions with respect to polling locations in case 
                of such unforseen circumstances.
    ``(e) 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.--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 304''.
            (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(d), the Commission''.
            (4) Clerical amendments.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the items 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. Early voting.''.
            (5) Authorization of funding.--Section 257(a) of the Help 
        America Vote Act of 2002 (52 U.S.C. 21007(a)) is amended by 
        adding at the end the following new paragraph:
            ``(5) For fiscal year 2019 and subsequent fiscal years, 
        such sums as are necessary for purposes of making requirements 
        payments to States to carry out the activities described in 
        section 304.''.
    (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.--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 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)).
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