S. 58 — Introduced in Senate

II 113th CONGRESS 1st Session S. 58 IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Mrs. Boxer 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 ensure that voters in elections for Federal office do not wait in long lines in order to vote. 1. Short title This Act may be cited as the Lines Interfere with National Elections Act of 2013 or the LINE Act of 2013. 2. 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 (42 U.S.C. 15481 et seq.) is amended by adding at the end the following new subtitle: C Additional requirements 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) Voting Site For purposes of this section and section 299, the term voting site means a polling location, except that in the case of any polling location which serves more than 1 precinct, such term shall mean a precinct. (c) Effective date Each State shall be required to comply with the requirements of this section on and after September 15, 2014. . (2) Conforming amendment Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended by striking and 303 and inserting 303, 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 (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new subtitle: E Guidance and standards 299. Standards for establishing the minimum required voting systems and poll workers (a) In General Not later than January 1, 2014, the Attorney General, to the maximum extent practicable in coordination 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, 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 1 hour at any polling place. (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 unforseen circumstances such as a natural disaster or terrorist attack. . (2) Conforming amendment Section 202 of such Act (42 U.S.C. 15322) is amended— (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (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. . 3. Requirements for jurisdictions with substantial voter wait times (a) Remedial plans for States with excessive wait times (1) In general The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.) is amended by adding at the end the following new title: X Remedial plans for States with excessive wait times 1001. Remedial plans for States with excessive wait times (a) In general Each jurisdiction for which the Attorney General, to the maximum extent practicable in coordination with the Commission, determines that a substantial number of voters waited more than 90 minutes to cast a vote in the election for Federal office held on November 6, 2012, or any election for Federal office held on or after such date, shall comply with a State remedial plan established under this section in accordance with subsection (b). (b) State remedial plans The Attorney General, to the maximum extent practicable in coordination with the Commission, shall establish for each State or jurisdiction which is required to comply with this section a State remedial plan to minimize the waiting times of voters in the State or jurisdiction. (c) Jurisdiction defined For purposes of this section, 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)). (d) Federal register notice Not later than March 1 of the year following the year in which an election for Federal office is held, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall publish in the Federal Register a list of States and jurisdictions that are required to comply with a State remedial plan under this section. (e) State remedial plan certification Not later than September 1 of the year following the year in which the Attorney General publishes in the Federal Register a list described in subsection (d), the governor of each State included on the list shall submit to the Attorney General a letter certifying that the State has made a good faith effort to comply with the State remedial plan established for the State under this section. . (2) Conforming amendment Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511), as amended by section 2(a)(2), is amended by striking and subtitle C and inserting subtitle C, and title X. (3) Clerical amendment The table of contents of such Act is amended by adding at the end the following: Title X—Remedial plans for States with excessive voter wait times Sec. 1001. Remedial plans for States with excessive voter wait times. . (b) Effective Date The amendments made by this section shall take effect on the date of enactment of this Act.