,,ii #aafth ,,congress #b;d ,session ,s4 #dffh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjbj ,mr4 ,wyden 7for himself1 ,mr4 ,merkley1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to ensure that voters in elections for ,federal office do not wait in long lines in order to vote4 #a4 ,short title ,this ,act may be cited as the ,people ,over ,long ,lines ,act 7,,poll ,act74 #b4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote for all ,americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation4 7#b7 ,it is the responsibility of the ,state and ,federal ,governments to ensure that every eligible citizen is able to register to vote and to cast a ballot4 7#c7 ,there continues to be an alarming movement to erect barriers to make it more difficult for ,americans to participate in our ,nation's democratic process4 ,the ,nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color1 which have faced historic and continuing discrimination1 as well as disabled1 young1 elderly1 and low-income ,americans4 7#d7 ,one way voting in communities of color has been suppressed is through long waits at polling locations4 ,studies have shown a number of contributing factors1 including the drastic reduction of early voting days1 poor allocation of resources to certain communities1 cuts to election funding1 and a reduction of polling locations4 7#e7 ,a #bjai study led by economist ,keith ,chen of the ,university of ,california1 ,los ,angeles1 matched anonymous location data from #aj1jjj1jjj smartphones to #ic1jjj polling places to create the most extensive map to date of voter wait times across the ,united ,states4 ,the results showed one very clear disparity3 voters in predominantly ,black neighborhoods waited #bi percent longer1 on average1 than those in ,white neighborhoods4 ,they were also about #gd percent more likely to wait for more than half an hour4 7#f7 ,waiting in long lines discourages people from voting1 undermines confidence in the electoral system1 and imposes economic costs on voters4 7#g7 ,long lines are estimated to have deterred between #ejj1jjj and #gjj1jjj people from casting their ballot in #bjab4 7#h7 ,these problems led to the creation of the bipartisan ,presidential ,commission on ,election ,administration1 which issued a #bjad report that set forth a standard3 ,no citizen should have to wait more than #cj minutes to vote44 7#i7 ,despite the work of the ,presidential ,commission on ,election ,administration1 long lines continue1 particularly in communities of color where racial discrimination in voting is a clear and persistent problem4 7#aj7 ,in the ,arizona #bjaf ,presidential primary1 in one ,maricopa ,county polling place for mostly ,latino voters1 some waited for #d hours or more in the #hj-;degree heat to cast their ballots4 ,for the #bjaf general election1 #c people collapsed while waiting to vote in an hours-long line in ,georgia1 and a line to vote in ,cincinnati1 ,ohio was a half-mile long4 7#aa7 ,according to a nationwide study1 in #bjaf1 roughly #c percent of people standing in line at voting locations left before they could vote as a result of long lines4 7#ab7 ,the disenfranchisement that long lines create for voters is not limited to that one election4 ,research suggests that for each hour would-be voters wait1 their probability of voting in the next election drops by #a percentage point4 7#ac7 ,congress has the authority under article ,i1 section #d of the ,constitution of the ,united ,states to enact laws governing the time1 place1 and manner of ,federal elections4 7#ad7 ,congress also has authority under section #b of the #aeth ,amendment to enforce the right of citizens of the ,united ,states to vote1 which shall not be denied or abridged by the ,united ,states1 by legislation4 #c4 ,preventing unreasonable voter waiting times 7a7 ,state plans required ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq47 is amended-- 7#a7 by redesignating sections #cjd and #cje as sections #cje and #cjf2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,unreasonable voter waiting times 7a7 ,state plans 7#a7 ,in general ,not later than #fj days before each election for ,federal office1 each ,state shall make public 7including through the website of the ,state on which election information is normally published7 and submit to the ,commission a written plan which meets the public notice and comment requirements of paragraph 7#b7 and describes the measures it is implementing to ensure1 to the greatest extent possible1 an equitable waiting time for all voters in the ,state1 and a waiting time of less than #cj minutes at any polling place in the election4 7#b7 ,public notice comment requirement ,the public notice and comment requirements of this paragraph are met if-- 7,a7 not later than #cj days prior to the submission of the plan to the ,commission1 the ,state made a preliminary version of the plan available for public inspection and comment2 7,b7 the ,state publishes notice that the preliminary version of the plan is so available2 and 7,c7 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 7#a74 7b7 ,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 #cj minutes at any polling place for purposes of casting a vote in such election4 7c7 ,remedial plans for states with excessive voter wait times 7#a7 ,review of voter wait times ,after each election for ,federal office1 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 findings4 7#b7 ,state remedial plans 7,a7 ,remedial plans ,notwithstanding section #bji1 each jurisdiction for which the ,commission1 after the review conducted under paragraph 7#a71 determines that a substantial number of voters waited more than #fj minutes to cast a vote1 or in which there were substantial violations of the standards established under section #bii1 shall comply with a ,state remedial plan established by the ,commission 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 voters4 7,b7 ,coordination with attorney general and states ,each remedial plan established by the ,commission shall provide for coordination between the ,commission1 the ,attorney ,general1 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 date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places4 7,c7 ,termination ,a jurisdiction shall not be required to comply with a ,state remedial plan required under subparagraph 7,a7 if the ,commission determines that the voter waiting times were less than #fj minutes for #b consecutive regularly scheduled general elections for ,federal office4 7#c7 ,jurisdiction defined ,for purposes of this subsection1 the term jurisdiction has the meaning given the term registrar's jurisdiction in section #h7;j7 of the ,national ,voter ,registration ,act of #aiic 7#db ,u4,s4,c4 #aigc;gg-#f7;j774 7#d7 ,standards ,not later than #ahj days after the date of the enactment of this section1 the ,commission shall establish standards for conducting the review under paragraph 7#a7 and for establishing remedial plans under paragraph 7#b77;,a74 7#e7 ,appropriations ,in addition to other amounts authorized to be appropriated to the ,commission1 there are authorized to be appropriated for each of the fiscal years #bjba through #bjca1 #e1jjj1jjj for each such year for the ,commission to carry out this subsection4 7d7 ,emergency ballots 7#a7 ,in general ,in the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay1 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 ballot1 and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot4 7#b7 ,ballot requirements ,any emergency paper ballot provided under paragraph 7#a7 shall-- 7,a7 include the names of each candidate for each ,federal office for which voting occurs at such polling place2 and 7,b7 be available in each language for which other ballots provided at the polling place are available4 7#c7 ,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 ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay1 in which case that ballot shall be treated in the same manner as a provisional ballot4 4 7b7 ,private right of action ,title ,,iv of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa et seq47 is amended by adding at the end the following new section3 #djc4 ,private right of action for unreasonable voter waiting time 7a7 ,in general ,in the case of a violation of section #cjd7;b71 section #djb 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 relief4 7b7 ,relief ,in any civil action commenced under subsection 7a73 7#a7 ,in general ,if the court finds a violation of section #cjd7;a71 the court shall assess a civil penalty equal to the sum of-- 7,a7 #ej2 plus 7,b7 an additional #ej for each additional hour the person waited at the polling place to cast a vote4 7#b7 ,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 #cjd-- 7,a7 paragraph 7#a77;,a7 shall be applied by substituting #fej for #ej2 and 7,b7 paragraph 7#a77;,b7 shall be applied by substituting #aej for #ej4 4 7c7 ,conforming amendment ,section #bjb of such ,act 7#eb ,u4,s4,c4 #bjibb7 is amended-- 7#a7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 carrying out the duties described in section #cjd7;c72 4 7d7 ,clerical amendments ,the table of contents of the ,help ,america ,vote ,act of #bjjb is amended-- 7#a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf1 and by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjd4 ,unreasonable voter waiting times4 2 and 7#b7 by inserting after the item relating to section #djb the following new item3 ,sec4 #djc4 ,private right of action for unreasonable voter waiting time4 4 7e7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #d4 ,minimum required voting systems1 poll workers1 and election resources 7a7 ,minimum ,requirements 7#a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by adding at the end the following new subtitle3 ,c ,additional requirements #cba4 ,minimum required voting systems and poll workers 7a7 ,in ,general ,each ,state shall provide for the minimum required number of voting systems1 poll workers1 and other election resources 7including all other physical resources7 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 #bii4 7b7 ,voting ,site ,for purposes of this section and section #bii1 the term voting site means a polling location1 except that in the case of any polling location that serves more than #a precinct1 such term shall mean a precinct4 7c7 ,effective date ,each ,state shall be required to comply with the requirements of this section on and after ,september #ae1 #bjba4 4 7#b7 ,conforming amendment ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa7 is amended by striking and #cjc and inserting #cjc1 and subtitle ,c4 7#c7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,iii the following3 ,subtitle ,c--,additional ,requirements ,sec4 #cba4 ,minimum required voting systems and poll workers4 4 7b7 ,standards 7#a7 ,in general ,title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiba et seq47 is amended by adding at the end the following new subtitle3 ,e ,guidance and standards #bii4 ,standards for establishing the minimum required voting systems and poll workers 7a7 ,in ,general ,not later than ,february #a1 #bjba1 the ,attorney ,general1 to the maximum extent practicable in coordination with the ,commission1 shall issue standards regarding the minimum number of voting systems1 poll workers1 and other election resources 7including all other physical resources7 required under section #cba on the day of any ,federal election and on any days during which early voting is allowed for a ,federal election4 7b7 ,distribution 7#a7 ,in general ,the standards described in subsection 7a7 shall provide for a uniform and nondiscriminatory distribution of such systems1 workers1 and other resources1 and shall take into account1 among other factors1 the following with respect to any voting site 7as defined in section #cba7;b773 7,a7 ,the voting-age population4 7,b7 ,voter turnout in past elections4 7,c7 ,the number of voters registered4 7,d7 ,the number of voters who have registered since the most recent ,federal election4 7,e7 ,census data for the population served by such voting site4 7,f7 ,the educational levels and socio-economic factors of the population served by such voting site4 7,g7 ,the needs and numbers of disabled voters and voters with limited ,english proficiency4 7,h7 ,the type of voting systems used4 7#b7 ,no factor dispositive ,the standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors1 and no single factor shall be dispositive under the standards4 7#c7 ,purpose ,to the extent possible1 the standards shall provide for a distribution of voting systems1 poll workers1 and other election resources1 with the goals of-- 7,a7 ensuring an equal waiting time for all voters in the ,state2 and 7,b7 preventing a waiting time of over #cj minutes at any polling place4 7#d7 ,special rule regarding electronic poll books ,notwithstanding paragraphs 7#a71 7#b71 and 7#c71 in the case of any voting site that uses an electronic poll book1 the standards described in subsection 7a7 shall require at least #a paper poll book 7containing identical information to the information in the electronic poll book7 for each such electronic poll book used at such voting site4 7c7 ,deviation ,the standards described in subsection 7a7 shall permit ,states1 upon giving reasonable public notice1 to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack4 4 7#b7 ,conforming amendment ,section #bjb of such ,act 7#eb ,u4,s4,c4 #bjibb71 as amended by section #c7;c71 is amended-- 7,a7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 carrying out the duties described in subtitle ,e2 4 7#c7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,ii the following3 ,subtitle ,e--,guidance and ,standards ,sec4 #bii4 ,standards for establishing the minimum required voting systems and poll workers4 4 #e4 ,prohibition on campaign activities by chief ,state election administration officials 7a7 ,in ,general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after section #cai the following new section3 #cai;,a4 ,campaign activities by chief ,state election administration officials 7a7 ,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 authority4 7b7 ,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 law4 7c7 ,active part in political management or in a political campaign ,the term active part in political management or in a political campaign means-- 7#a7 serving as a member of an authorized committee of a candidate for ,federal office2 7#b7 the use of official authority or influence for the purpose of interfering with or affecting the result of an election for ,federal office2 7#c7 the solicitation1 acceptance1 or receipt of a contribution from any person on behalf of a candidate for ,federal office2 and 7#d7 any other act which would be prohibited under paragraph 7#b7 or 7#c7 of section #gcbc7;b7 of title #e1 ,united ,states ,code1 if taken by an individual to whom such paragraph applies 7other than any prohibition on running for public office74 7d7 ,exception in case of recusal from administration of elections involving election official or immediate family member 7#a7 ,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 candidate1 but only if-- 7,a7 such official recuses himself or herself from all of the official's responsibilities for the administration of such election2 and 7,b7 the official who assumes responsibility for supervising the administration of the election does not report directly to such official4 7#b7 ,immediate family member defined ,in paragraph 7#a71 the term immediate family member means1 with respect to a candidate1 a father1 mother1 son1 daughter1 brother1 sister1 husband1 wife1 father-in-law1 or mother-in-law4 4 7b7 ,effective ,date ,the amendments made by subsection 7a7 shall apply with respect to elections for ,federal office held after ,september #ae1 #bjba4 #f4 ,payments to ,states to prevent unreasonable wait times and promote well-run elections 7a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is amended by adding at the end the following3 ,,vii ,payments for preventing unreasonable voter wait times #big4 ,payments to ,states 7a7 ,in general ,the ,commission shall make a payment to each eligible ,state4 ,such payments shall be made not later than #cj days after the date of enactment of this part4 7b7 ,eligible ,state ,for purposes of this section1 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 section4 7c7 ,use of funds ,an eligible ,state shall use the payment received under this part to meet the requirements of section #cjd and #cba4 7d7 ,amount of payment 7#a7 ,in general ,the amount of payment made to a ,state under this section shall be the minimum payment amount described in paragraph 7#b7 plus the voting age population proportion amount described in paragraph 7#c74 7#b7 ,minimum payment amount ,the minimum payment amount described in this paragraph is-- 7,a7 in the case of any of the several ,states or the ,district of ,columbia1 one-half of #a percent of the aggregate amount made available for payments under this section2 and 7,b7 in the case of the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 or the ,united ,states ,virgin ,islands1 one-tenth of #a percent of such aggregate amount4 7#c7 ,voting age population proportion amount ,the voting age population proportion amount described in this paragraph is the product of-- 7,a7 the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph 7#b72 and 7,b7 the voting age population proportion for the ,state 7as defined in paragraph 7#d774 7#d7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to a ,state1 the amount equal to the quotient of-- 7,a7 the voting age population of the ,state 7as reported in the most recent decennial census72 and 7,b7 the total voting age population of all ,states 7as reported in the most recent decennial census74 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated for payments under this section #ejj1jjj for each fiscal year4 7#b7 ,availability ,any amounts appropriated pursuant to the authority of paragraph 7#a7 shall remain available without fiscal year limitation until expended4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #bif the following3 ,,part ,,vii--,payments for preventing unreasonable voter wait times ,sec4 #big4 ,payments to ,states4 4