II 

116TH CONGRESS 

1ST SESSION S. 955 

To amend the Help America Vote Act of 2002 to reduce waiting times 

for voters in Federal elections. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2019 

Mr. MERKLEY 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 reduce 

waiting times for voters in Federal elections. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Polling Place Protec5 tion Act of 2019’’. 

6 SEC. 2. REDUCING WAITING TIMES FOR VOTERS IN FED7 ERAL ELECTIONS. 

8 (a) REQUIREMENTS FOR STATES.— 


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1 (1) IN GENERAL.—Subtitle A of title III of the 

2 Help America Vote Act of 2002 (52 U.S.C. 21081 

3 et seq.) is amended— 

4 (A) by redesignating sections 304 as sec5 tion 307; and 

6 (B) by inserting after section 303 the fol7 lowing new section: 

8 ‘‘SEC. 304. PREVENTING UNREASONABLE WAITING TIMES 

9 FOR VOTERS. 

10 ‘‘(a) PREVENTING UNREASONABLE WAITING

11 TIMES.— 

12 ‘‘(1) IN GENERAL.—Each State and jurisdiction 

13 which is responsible for administering elections for 

14 Federal office shall provide a sufficient number of 

15 voting systems, poll workers, and other election re16 sources, including physical resources, at a polling 

17 place used in any election for Federal office, includ18 ing a polling place at which individuals may cast bal19 lots prior to the date of the election, to ensure— 

20 ‘‘(A) a reasonably uniform ratio of election 

21 staff and voting systems to registered voters in 

22 the jurisdiction; 

23 ‘‘(B) a reasonably uniform and geographic 

24 distribution of polling places to ensure that all 


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1 voters in a jurisdiction have equal access to 

2 polling places; 

3 ‘‘(C) a fair and equitable waiting time for 

4 all voters in the State; and 

5 ‘‘(D) that no individual will be required to 

6 wait longer than 30 minutes to cast a ballot at 

7 the polling place. 

8 ‘‘(2) CRITERIA.—In determining the number of 

9 voting systems, poll workers, and other election re10 sources provided at a polling place for purposes of 

11 paragraph (1), the jurisdiction shall take into ac12 count the following factors: 

13 ‘‘(A) The voting age population. 

14 ‘‘(B) Voter turnout in past and similar 

15 elections. 

16 ‘‘(C) The number of voters registered. 

17 ‘‘(D) The number of voters who have reg18 istered since the most recent Federal election. 

19 ‘‘(E) Census data for the population served 

20 by the polling place, such as the proportion of 

21 the voting age population who are under 25 

22 years of age or who are naturalized citizens. 

23 ‘‘(F) The needs and numbers of voters 

24 with disabilities and voters with limited English 

25 proficiency. 


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1 ‘‘(G) The type of voting systems used. 

2 ‘‘(H) The length and complexity of initia3 tives, referenda, and other questions on the bal4 lot. 

5 ‘‘(I) Complaints received during and fol6 lowing prior elections about long wait times or 

7 other problems voters experienced at polling 

8 places in the jurisdiction, including whether and 

9 in which ways polling places worked to remedy 

10 such complaints. 

11 ‘‘(J) Such other factors, if available, in12 cluding relevant demographic factors relating to 

13 the population served by the polling place deter14 mined by the State or jurisdiction. 

15 ‘‘(3) GUIDELINES.—Not later than 180 days 

16 after the date of the enactment of this section, the 

17 Commission shall establish and publish guidelines to 

18 assist States and jurisdictions in meeting the re19 quirements of this subsection. 

20 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection may be construed to authorize a 

22 State or jurisdiction to meet the requirements of this 

23 subsection by closing any polling place, prohibiting 

24 an individual from entering a line at a polling place, 

25 or refusing to permit an individual who has arrived 


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1 at a polling place prior to closing time from voting 

2 at the polling place. 

3 ‘‘(b) DEVELOPMENT AND IMPLEMENTATION OF

4 ELECTION ADMINISTRATION PLANS, INCLUDING CONTIN5 GENCY PLANS.— 

6 ‘‘(1) IN GENERAL.—Each jurisdiction which ad7 ministers elections for Federal office shall develop, 

8 and implement to the greatest extent practicable, an 

9 election administration plan for each election for 

10 Federal office, in accordance with applicable Federal 

11 and State law. Such election administration plan 

12 shall include a contingency plan under which the ju13 risdiction shall provide additional poll workers, ma14 chines, ballots, and other equipment and supplies (as 

15 the case may be) on the date of the election to any 

16 polling place used in an election for Federal office, 

17 including a polling place at which individuals may 

18 cast ballots prior to the date of the election, at 

19 which waiting times exceed 30 minutes. Each such 

20 contingency plan shall also include a provision by 

21 which the jurisdiction shall extend the closing time 

22 for the polling place in the case where there is a 

23 delay in the timely opening or operation of a polling 

24 place or when voters have waited more than 30 min25 utes to cast a ballot. Such extended poll hours shall 


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1 be commensurate with the total time of the delayed 

2 opening or operation of the polling place and for the 

3 total period of time exceeding 30 minutes that voters 

4 had to wait in order to cast a ballot at the polling 

5 place from the time of arrival. 

6 ‘‘(2) APPROVAL OF PLAN BY COMMISSION.— 

7 Notwithstanding section 209, the State shall ensure 

8 that the contingency plan developed under para9 graph (1) is approved by the Commission prior to 

10 the date of the election involved, in accordance with 

11 such procedures as the Commission may establish. 

12 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

13 with respect to elections held on or after the date that 

14 is 180 days after the date of enactment of this section.’’. 

15 (2) ENFORCEMENT; PRIVATE RIGHT OF ACTION

16 FOR UNREASONABLE WAITING TIMES FOR VOT17 ERS.— 

18 (A) IN GENERAL.—Section 401 of the 

19 Help America Vote Act of 2002 (52 U.S.C. 

20 21111) is amended— 

21 (i) by striking the section heading and 

22 inserting the following: ‘‘ENFORCE23 MENT’’; 


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1 (ii) by striking ‘‘The Attorney Gen2 eral’’ and inserting ‘‘(a) IN GENERAL.— 

3 The Attorney General’’; 

4 (iii) in subsection (a), as added by 

5 subparagraph (B), by striking ‘‘and 303’’ 

6 and inserting ‘‘303, and 304’’; and 

7 (iv) by adding at the end the following 

8 new subsection: 

9 ‘‘(b) PRIVATE RIGHT OF ACTION.— 

10 ‘‘(1) AVAILABILITY.—A person who is aggrieved 

11 by a State’s or jurisdiction’s violation of section 304, 

12 relating to preventing unreasonable waiting times for 

13 voter, may bring a civil action in an appropriate 

14 United States District Court for such declaratory or 

15 injunctive relief as may be necessary to carry out the 

16 requirements of such section. 

17 ‘‘(2) COSTS AND ATTORNEY FEES.—The court 

18 may award to a person aggrieved by a violation of 

19 section 304 who prevails in an action brought under 

20 paragraph (1) the costs of the action, including a 

21 reasonable attorney fee. 

22 ‘‘(c) EXTENSION OF POLLING HOURS.—A United 

23 States District Court may extend the hours for a polling 

24 location in any action brought under subsection (a) or (b) 

25 to enforce the provisions of such section 304.’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 contents of such Act is amended by amending 

3 the item relating to section 401 to read as fol4 lows: 

‘‘Sec. 401. Enforcement.’’. 

5 (3) CONFORMING AMENDMENT RELATING TO

6 RULEMAKING AUTHORITY.—Section 209 of such Act 

7 (52 U.S.C. 20929) is amended by striking ‘‘The 

8 Commission’’ and inserting ‘‘Except as provided in 

9 section 304(b)(2), the Commission’’. 

10 (4) CLERICAL AMENDMENTS.—The table of 

11 contents of such Act is amended— 

12 (A) by redesignating the item relating to 

13 section 304 as relating to section 307; and 

14 (B) by inserting after the item relating to 

15 section 303 the following new item: 

‘‘Sec. 304. Preventing unreasonable waiting times for voters.’’. 

16 (b) REPORT BY ELECTION ASSISTANCE COMMIS17 SION.—Not later than June 30 of each odd-numbered 

18 year, the Election Assistance Commission shall submit to 

19 Congress a report assessing the impact of section 304 of 

20 the Help America Vote Act of 2002 (as added by sub21 section (a)) on the administration of elections for Federal 

22 office during the preceding 2-year period, and shall include 

23 in the report such recommendations as the Commission 

24 considers appropriate. 


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1 (c) NO EFFECT ON AUTHORITY OF STATE TO PRO2 VIDE FOR LONGER PERIODS OF EARLY VOTING OR

3 GREATER AMOUNT OF RESOURCES AT POLLING

4 PLACES.—Nothing in this section or in any amendment 

5 made by this section may be construed to prohibit a State, 

6 with respect to any election for Federal office from pro7 viding (in an equitable and nondiscriminatory manner) a 

8 greater number of systems, poll workers, and other elec9 tion resources at any polling place than the minimum 

10 number required under section 304 of such Act (as added 

11 by subsection (a)). 

Æ 


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