[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 50 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 50
To amend the Help America Vote Act of 2002 to promote early voting in
elections for Federal office and to prevent unreasonable waiting times
for voters at polling places used in such elections, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. George Miller of California (for himself and Mr. Clyburn)
introduced the following bill; which was referred to the Committee on
House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to promote early voting in
elections for Federal office and to prevent unreasonable waiting times
for voters at polling places used in such elections, and for other
purposes.
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 ``Streamlined and Improved Methods at
Polling Locations and Early (SIMPLE) Voting Act of 2013''.
SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR 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 (42 U.S.C. 15481 et seq.) is amended--
(A) by redesignating sections 304 and 305 as
sections 306 and 307; and
(B) by inserting after section 303 the following
new sections:
``SEC. 304. EARLY VOTING.
``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends on the second day immediately preceding the date of
the election, in the same manner as voting is allowed on such date.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for not less than 10 hours on each
day; and
``(2) 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 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 a stop on a public transportation route.
``(d) Standards.--
``(1) In general.--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 permit States, 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.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.
``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.
``(a) Preventing Unreasonable Waiting Times.--
``(1) In general.--Each State 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 fair and equitable waiting time for all
voters in the State; and
``(B) that no individual will be required to wait
longer than one hour 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 State shall
take into account the following factors:
``(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 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) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(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 in meeting
the requirements of this subsection.
``(4) Rule of construction.--Nothing in this subsection may
be construed to authorize a State 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 Contingency Plans.--
``(1) In general.--Each State shall develop, and implement
to the greatest extent practicable, a contingency plan under
which the State 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 one hour.
``(2) Approval of plan by commission.--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 January 1, 2014.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections
304 and 305 as relating to sections 306 and 307; and
(B) by inserting after the item relating to section
303 the following new items:
``Sec. 304. Early voting.
``Sec. 305. 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 sections 304 and
305 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--
(1) 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)); or
(2) 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 305 of such Act (as added by subsection
(a)).
SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF
UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(42 U.S.C. 15482) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.''.
(b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO
ENFORCE HELP AMERICA VOTE ACT OF 2002.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is
amended to read as follows:
``SEC. 401. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring a civil
action against any State or jurisdiction in an appropriate
United States District Court for such declaratory and
injunctive relief (including a temporary restraining order, a
permanent or temporary injunction, or other order) as may be
necessary to carry out the requirements of subtitle A of title
III.
``(2) Assessment of civil money penalty.--In a civil action
brought under paragraph (1), if the court finds that the State
or jurisdiction violated any provision of subtitle A of title
III, it may, to vindicate the public interest, assess a civil
penalty against the State or jurisdiction--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Intervention.--Upon timely application, a person
aggrieved by a violation of subtitle A of title III with
respect to which a civil action is commenced under paragraph
(1) may intervene in such action, and may obtain such
appropriate relief as the person could obtain in a civil action
under subsection (b) with respect to that violation, along with
costs and a reasonable attorney fee.
``(4) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--
``(1) Availability.--A person who is aggrieved by a State's
or jurisdiction's violation of subtitle A of title III 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 subtitle.
``(2) Costs and attorney fees.--The court may award to a
person aggrieved by a violation of subtitle A of title III who
prevails in an action brought under paragraph (1) the costs of
the action, including a reasonable attorney fee.''.
(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.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.
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