[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S135-S136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 149. A bill to change the date for regularly scheduled Federal 
elections and establish polling place hours; to the Committee on Rules 
and Administration.
  Mr. KOHL. Mr. President, today I rise to introduce the Weekend Voting 
Act. This legislation will change the day for Congressional and 
Presidential elections from the first Tuesday in November to the first 
weekend in November. This legislation is nearly identical to 
legislation that I first proposed in 1997.
  We have recently completed the most serious business of our 
democracy--a Presidential election in which millions and millions of 
citizens demonstrated an enormous amount of enthusiasm. We all want 
every eligible voter to participate and cast a vote. But recent 
experience has shown us that unneeded obstacles are placed preventing 
citizens from exercising their franchise. The debacle of defective 
ballots and voting methods in Florida in the 2000 election galvanized 
Congress into passing major election reform legislation. The Help 
America Vote Act, which was enacted into law in 2002, was an important 
step forward in establishing minimum standards for States in the 
administration of Federal elections and in providing funds to replace 
outdated voting systems and improve election administration. However, 
there is much that still needs to be done.
  With more and more voters seeking to cast their ballots on Election 
Day, we need to build on the movement which already exists to make it 
easier for Americans to cast their ballots by providing alternatives to 
voting on just one election day. Twenty-eight States, including my own 
State of Wisconsin, now permit any registered voter to vote by absentee 
ballot. These states constitute nearly half of the voting age citizens 
of the United States. Thirty-one States permit in-person early voting 
at election offices or at other satellite locations. The State of 
Oregon now conducts statewide elections completely by mail. These 
innovations are critical if we are to conduct fair elections for it has 
become unreasonable to expect that a Nation of 300 million people can 
line up at the same time and cast their ballots at the same time. If we 
continue to try to do so, we will encounter even more reports of broken 
machines and long lines in the rain and registration errors that create 
barriers to voting.
  That is why I have been a long-time advocate of moving our Federal 
election day from the first Tuesday after the first Monday in November 
to the first weekend in November. Holding our Federal elections on a 
weekend will create more opportunities for voters to cast their ballots 
and will help end the gridlock at the polling places which threaten to 
undermine our elections.
  Under this bill, polls would be open nationwide for a uniform period 
of time from 10 a.m. Saturday eastern time to 6 p.m. Sunday eastern 
time. Polls in all time zones would in the 48 contiguous states also 
open and close at this time. Election officials would be permitted to 
close polls during the overnight hours if they determine it would be 
inefficient to keep them open. Because the polls would be open on both 
Saturday and Sunday, they also would not interfere with religious 
observances.
  Keeping polls open the same hours across the continental United 
States, also addresses the challenge of keeping results on one side of 
the country, or even a state, from influencing voting in places where 
polls are still open. Moving elections to the weekend will expand the 
pool of buildings available for polling stations and people available 
to work at the polls, addressing the critical shortage of poll workers.
  Most important, weekend voting has the potential to increase voter 
turnout by giving all voters ample opportunity to get to the polls 
without creating a national holiday. There is already evidence that 
holding elections on a non-working day can increase voter turnout. In 
one survey of 44 democracies, 29 held elections on holidays or weekends 
and in all these cases voter turnout surpassed our country's voter 
participation rates.
  In 2001, the National Commission on Federal Election Reform 
recommended that we move our Federal election day to a national 
holiday, in particular Veterans Day. As expected, the proposal was not 
well received among veterans and I do not endorse such a move, but I 
share the Commission's goal of moving election day to a non-working 
day.
  Since the mid 19th century, election day has been on the first 
Tuesday of November. Ironically, this date was selected because it was 
convenient for voters. Tuesdays were traditionally court day, and land 
owning voters were often coming to town anyway.
  Just as the original selection of our national voting day was done 
for voter convenience, we must adapt to the changes in our society to 
make voting easier for the regular family. We have outgrown our Tuesday 
voting day tradition, a tradition better left behind to a bygone horse 
and buggy era. In today's America, 60 percent of all households have 
two working adults. Since most polls in the United States are open only 
12 hours on a Tuesday, generally from 7 a.m. to 7 or 8 p.m., voters 
often have only one or two hours to vote. As we've seen in recent 
elections, long lines in many polling places have kept some voters 
waiting much longer than one or two hours. If voters have children, and 
are dropping them off at day care, or if they have a long work commute, 
there is just not enough time in a workday to vote.
  With long lines and chaotic polling places becoming the unacceptable 
norm in many communities, we have an obligation to reform how our 
Nation votes. If we are to grant all Americans an equal opportunity to 
participate in the electoral process, and to elect our representatives 
in this great democracy, then we must be willing to reexamine all 
aspects of voting in America. Changing our election day to a weekend 
may seem like a change of great magnitude. Given the stakes--the 
integrity of future elections and full participation by as many 
Americans as possible--I hope my colleagues will recognize it as a 
commonsense proposal whose time has come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 149

       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 ``Weekend Voting Act''.

     SEC. 2. CHANGE IN CONGRESSIONAL ELECTION DAY TO SATURDAY AND 
                   SUNDAY.

       Section 25 of the Revised Statutes (2 U.S.C. 7) is amended 
     to read as follows:

[[Page S136]]

       ``Sec. 25. The first Saturday and Sunday after the first 
     Friday in November, in every even numbered year, are 
     established as the days for the election, in each of the 
     States and Territories of the United States, of 
     Representatives and Delegates to the Congress commencing on 
     the 3d day of January thereafter.''.

     SEC. 3. CHANGE IN PRESIDENTIAL ELECTION DAY TO SATURDAY AND 
                   SUNDAY.

       Section 1 of title 3, United States Code, is amended by 
     striking ``Tuesday next after the first Monday'' and 
     inserting ``first Saturday and Sunday after the first 
     Friday''.

     SEC. 4. POLLING PLACE HOURS.

       (a) In General.--
       (1) Presidential general election.--Chapter 1 of title 3, 
     United States Code, is amended--
       (A) by redesignating section 1 as section 1A; and
       (B) by inserting before section 1A the following:

     ``Sec. 1. Polling place hours

       ``(a) Definitions.--In this section:
       ``(1) Continental united states.--The term `continental 
     United States' means a State (other than Alaska and Hawaii) 
     and the District of Columbia.
       ``(2) Presidential general election.--The term 
     `Presidential general election' means the election for 
     electors of President and Vice President.
       ``(b) Polling Place Hours.--
       ``(1) Polling places in the continental united states.--
     Each polling place in the continental United States shall be 
     open, with respect to a Presidential general election, 
     beginning on Saturday at 10:00 a.m. eastern standard time and 
     ending on Sunday at 6:00 p.m. eastern standard time.
       ``(2) Polling places outside the continental united 
     states.--Each polling place not located in the continental 
     United States shall be open, with respect to a Presidential 
     general election, beginning on Saturday at 10:00 a.m. local 
     time and ending on Sunday at 6:00 p.m. local time.
       ``(3) Early closing.--A polling place may close between the 
     hours of 10:00 p.m. local time on Saturday and 6:00 a.m. 
     local time on Sunday as provided by the law of the State in 
     which the polling place is located.''.
       (2) Congressional general election.--Section 25 of the 
     Revised Statutes of the United States (2 U.S.C. 7) is 
     amended--
       (A) by redesignating section 25 as section 25A; and
       (B) by inserting before section 25A the following:

     ``SEC. 25. POLLING PLACE HOURS.

       ``(a) Definitions.--In this section:
       ``(1) Continental united states.--The term `continental 
     United States' means a State (other than Alaska and Hawaii) 
     and the District of Columbia.
       ``(2) Congressional general election.--The term 
     `congressional general election' means the general election 
     for the office of Senator or Representative in, or Delegate 
     or Resident Commissioner to, the Congress.
       ``(b) Polling Place Hours.--
       ``(1) Polling places inside the continental united 
     states.--Each polling place in the continental United States 
     shall be open, with respect to a congressional general 
     election, beginning on Saturday at 10:00 a.m. eastern 
     standard time and ending on Sunday at 6:00 p.m. eastern 
     standard time.
       ``(2) Polling places outside the continental united 
     states.--Each polling place not located in the continental 
     United States shall be open, with respect to a congressional 
     general election, beginning on Saturday at 10:00 a.m. local 
     time and ending on Sunday at 6:00 p.m. local time.
       ``(3) Early closing.--A polling place may close between the 
     hours of 10:00 p.m. local time on Saturday and 6:00 a.m. 
     local time on Sunday as provided by the law of the State in 
     which the polling place is located.''.
       (b) Conforming Amendments.--
       (1) The table of sections for chapter 1 of title 3, United 
     States Code, is amended by striking the item relating to 
     section 1 and inserting the following:

``1. Polling place hours.
``1A. Time of appointing electors.''.
       (2) Sections 871(b) and 1751(f) of title 18, United States 
     Code, are each amended by striking ``title 3, United States 
     Code, sections 1 and 2'' and inserting ``sections 1A and 2 of 
     title 3''.
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