[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1295 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1295
To amend the Help America Vote Act of 2002 to allow individuals to vote
in an election for Federal office during an early voting period which
occurs prior to the date of the election, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Goldman of New York 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 allow individuals to vote
in an election for Federal office during an early voting period which
occurs prior to the date of the election, 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 ``Early Voting Act''.
SEC. 2. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--Each State shall
allow individuals to vote in an election for Federal office during an
early voting period which occurs prior to the date of the election, in
a manner that allows the individual to receive, complete, and cast
their ballot in-person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period
required under this subsection with respect to an
election shall consist of a period of consecutive days
(including weekends) which begins on the 15th day
before the date of the election (or, at the option of
the State, on a day prior to the 15th day before the
date of the election) and ends no earlier than the
second day before the date of the election.
``(B) Hours for early voting.--Each polling place
which allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10
hours on each day during the period;
``(ii) have uniform hours each day for
which such voting occurs; and
``(iii) allow such voting to be held for
some period of time prior to 9:00 a.m (local
time) and some period of time after 5:00 p.m.
(local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible
individuals to vote during an early voting period that
ensures voters are provided the greatest opportunity to
cast ballots ahead of election day and which includes
at least one consecutive Saturday and Sunday; and
``(C) each polling place which allows voting during
an early voting period under subparagraph (B) shall
allow such voting--
``(i) during the election office's regular
business hours; and
``(ii) for a period of not less than 8
hours on Saturdays and Sundays included in the
early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction
described in subparagraph (B), paragraph (1)(B) shall
not apply so long as all eligible individuals in the
jurisdiction have the opportunity to vote--
``(i) at each polling place which allows
voting during the early voting period described
in paragraph (1)(A)--
``(I) during the election office's
regular business hours; and
``(II) for a period of not less
than 8 hours on at least one Saturday
and at least one Sunday included in the
early voting period; or
``(ii) at one or more polling places in the
county in which such jurisdiction is located
that allows voting during the early voting
period described in paragraph (1)(A) in
accordance with the requirements under
paragraph (1)(B).
``(B) Jurisdiction described.--A jurisdiction is
described in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters
at the time of the most recent prior election
for Federal office; and
``(ii) consists of a geographic area that
is smaller than the jurisdiction of the county
in which such jurisdiction is located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional
temporary voting sites which provide voters more
opportunities to cast their ballots but which do not
meet the requirements of this subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for
the polling location on any day of the early voting
period; or
``(C) to limit a State or jurisdiction from
offering early voting on the Monday before election
day.
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that polling places which allow voting
during an early voting period under subsection (b) will
be located in such rural areas; and
``(B) ensure that such polling places are located
in communities which will provide the greatest
opportunity for residents of rural areas to vote during
the early voting period.
``(3) College campuses.--In the case of a jurisdiction that
includes an institution of higher education, the State or
jurisdiction shall--
``(A) ensure that an appropriate number (not less
than one) of polling places which allow voting during
the early voting period under subsection (b) will be
located on each branch campus of the institution of
higher education; and
``(B) ensure that such polling places provide the
greatest opportunity for residents of the jurisdiction
to vote.
``(d) Standards.--Not later than June 30, 2024, the Commission
shall issue voluntary standards for the administration of voting during
voting periods which occur prior to the date of a Federal election.
Subject to subsection (c), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at which such
voting occurs.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a State
or jurisdiction may begin processing and scanning ballots cast
during in-person early voting for tabulation after such date if
the date on which the State or jurisdiction begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State or jurisdiction to tabulate
ballots in an election before the closing of the polls
on the date of the election unless such tabulation is a
necessary component of preprocessing in the State or
jurisdiction and is performed in accordance with
existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 304, June 30, 2024.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Early voting.''.
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