[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1123-S1125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4419. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``People Over Long Lines Act''
or the ``POLL Act''.
SEC. 2. 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 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. 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 Election
Assistance Commission (hereinafter in this section referred
to as 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, including for voters with disabilities,
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.--Each jurisdiction for which the
Commission, after the review conducted under paragraph (1),
determines that a substantial number of voters, including
voters with disabilities, 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 Attorney General 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.--Each remedial plan established by the
Attorney General 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
[[Page S1124]]
date of the election and to respond to serious delays in the
ability of voters, including voters with disabilities, 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 Attorney General shall
establish standards for conducting the review under paragraph
(1) and for establishing remedial plans under paragraph
(2)(A).
``(5) Role of civil rights division and commission.--The
Attorney General shall carry out this section acting through
the Civil Rights Division of the Department of Justice and in
consultation with the Commission.
``(6) 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
2026 through 2035, $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
305(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 305(b), 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; plus
``(C) reasonable attorney fees, including litigation
expenses, and costs.
``(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 305--
``(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
305(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 305 and
306 as relating to sections 306 and 307, and by inserting
after the item relating to section 304 the following new
item:
``Sec. 305. 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 apply with respect to elections held on or after the
expiration of the 180-day period which begins on the date of
the enactment of this Act.
SEC. 3. 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) Definitions.--For purposes of this section and
section 299--
``(1) the term `voting site' means a polling location; and
``(2) the term `voting system' means the total combination
of mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required
to program, control, and support the equipment) that is used
at a voting site--
``(A) to check the official list of eligible voters for
purposes of confirming that an individual is eligible to cast
a vote at the site;
``(B) to cast and count votes; and
``(C) to maintain and produce any audit trail information.
``(c) Effective Date.--Each State shall be required to
comply with the requirements of this section on and after
January 1, 2028.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (52 U.S.C. 21111) is amended by striking
``and 304'' and inserting ``304, 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 6 months after the date
of the enactment of the POLL Act, the Attorney General,
acting through the Civil Rights Division of the Department of
Justice and in consultation 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, including the effects
of State laws on the availability of such systems and
resources for use by local election officials, 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 all of the information
necessary to confirm that an individual is eligible to cast a
vote at the site) 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 2(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:
[[Page S1125]]
``(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. 4. 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 January 1, 2028.
SEC. 5. 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
sections 305 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 $500,000,000 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.''.
______