HR 4911
POLL Act
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Bill overview
The POLL Act aims to improve voting access and administration in federal elections by addressing long wait times at polling places. It requires states to ensure voters wait no more than 30 minutes, establishes a private right of action for voters experiencing excessive delays, and directs the Election Assistance Commission to provide payments to states to prevent unreasonable wait times. The bill also mandates minimum standards for voting systems, poll workers, and election resources, and prohibits state election officials from actively participating in political campaigns related to federal elections.
Key provisions
- Requires states to ensure voters wait no more than 30 minutes at polling places for federal elections.
- Establishes a private right of action for voters experiencing excessive wait times.
- Directs the Election Assistance Commission to make payments to states to prevent unreasonable waiting times.
- Sets minimum requirements for voting systems, poll workers, and election resources at polling locations.
- Prohibits state election officials from engaging in political campaign activities related to federal elections.
- Requires states to submit plans to the Commission outlining measures to prevent long wait times.
- Establishes a review process by the Commission to assess voter waiting times after each election.
- Allows for remedial plans for states with excessive wait times, coordinated by the Attorney General.
Who is affected
- State and Federal Governments
- Eligible Voters
- Election Officials
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 1st Session
H. R. 4911
IN THE HOUSE OF REPRESENTATIVES
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, and for other purposes.
This Act may be cited as the People Over Long Lines Act POLL Act
or the
.
Congress makes the following findings:
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 participation.
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 ballot.
There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation’s democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans.
One way voting in communities of color has been suppressed is through long waits at polling locations. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations.
A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smart phones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour.
Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters.
Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012.
These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: No citizen should have to wait more than 30 minutes to vote.
.
Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem.
In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Ohio was a half-mile long.
According to a nationwide study, in 2016, roughly 3 percent of people standing in line at voting locations left before they could vote as a result of long lines.
The disenfranchisement that long lines create for voters is not limited to that one election. Research suggests that for each hour would-be voters wait, their probability of voting in the next election drops by 1 percentage point.
Congress has the authority under article I, section 4 of the Constitution of the United States to enact laws governing the time, place, and manner of Federal elections.
Congress also has authority under section 2 of the 15th Amendment to enforce the right of citizens of the United States to vote, which shall not be denied or abridged by the United States, by legislation.
by redesignating sections 305 and 306 as sections 306 and 307; and
by inserting after section 304 the following new section:
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 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.
The public notice and comment requirements of this paragraph are met if—
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;
the State publishes notice that the preliminary version of the plan is so available; and
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).
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.
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.
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.
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)).
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).
In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2025 through 2034, $5,000,000 for each such year for the Commission to carry out this subsection.
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.
Any emergency paper ballot provided under paragraph (1) shall—
include the names of each candidate for each Federal office for which voting occurs at such polling place; and
be available in each language for which other ballots provided at the polling place are available.
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.
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:
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.
In any civil action commenced under subsection (a):
If the court finds a violation of section 305(b), the court shall assess a civil penalty equal to the sum of—
$50; plus
an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus
reasonable attorney fees, including litigation expenses, and costs.
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—
paragraph (1)(A) shall be applied by substituting $650
for $50
; and
paragraph (1)(B) shall be applied by substituting $150
for $50
.
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
by inserting after paragraph (4) the following new paragraph:
carrying out the duties described in section 305(c);
The table of contents of the Help America Vote Act of 2002 is amended—
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:
and
by inserting after the item relating to section 402 the following new item:
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.
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:
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.
For purposes of this section and section 299—
the term voting site means a polling location; and
to cast and count votes; and
to maintain and produce any audit trail information.
and 303and inserting
303, and subtitle C.
The table of contents of such Act is amended by adding at the end of the items relating to title III the following:
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:
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)):
The voting-age population.
Voter turnout in past elections.
The number of voters registered.
The number of voters who have registered since the most recent Federal election.
Census data for the population served by such voting site.
The educational levels and socio-economic factors of the population served by such voting site.
The needs and numbers of disabled voters and voters with limited English proficiency.
The type of voting systems used.
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.
To the extent possible, the standards shall provide for a distribution of voting systems, poll workers, and other election resources, with the goals of—
ensuring an equal waiting time for all voters in the State; and
preventing a waiting time of over 30 minutes at any polling place.
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.
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.
by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and
by inserting after paragraph (4) the following new paragraph:
The table of contents of such Act is amended by adding at the end of the items relating to title II the following:
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:
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.
The term chief State election administration official means the highest State official with responsibility for the administration of Federal elections under State law.
The term active part in political management or in a political campaign means—
serving as a member of an authorized committee of a candidate for Federal office;
the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office;
the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and
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).
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—
such official recuses himself or herself from all of the official’s responsibilities for the administration of such election; and
the official who assumes responsibility for supervising the administration of the election does not report directly to such official.
The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2027.
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:
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.
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.
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).
The minimum payment amount described in this paragraph is—
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
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.
The voting age population proportion amount described in this paragraph is the product of—
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
the voting age population proportion for the State (as defined in paragraph (4)).
The term voting age population proportion means, with respect to a State, the amount equal to the quotient of—
the voting age population of the State (as reported in the most recent decennial census); and
the total voting age population of all States (as reported in the most recent decennial census).
There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year.
Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.
The table of contents of such Act is amended by inserting after the item relating to section 296 the following: