I 

109TH CONGRESS 

1ST SESSION H. R. 3557 

To amend the Help America Vote Act of 2002 to require States to permit 

individuals to register to vote at polling places on the date of an election, 

to cast ballots at designated polling places prior to the date of an 

election, and to obtain absentee ballots for an election for any reason, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. HASTINGS of Florida introduced the following bill; which was referred to 

the Committee on House Administration, and in addition to the Committees on Government Reform and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Help America Vote Act of 2002 to require 

States to permit individuals to register to vote at polling 

places on the date of an election, to cast ballots at 

designated polling places prior to the date of an election, 

and to obtain absentee ballots for an election for any 

reason, and for other purposes. 

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

2 This Act may be cited as the ‘‘Voter Outreach and 

3 Turnout Expansion Act of 2005’’. 

4 TITLE I—EXPANSION OF ELEC5 TION ADMINISTRATION RE6 QUIREMENTS 

7 SEC. 101. SAME-DAY VOTER REGISTRATION. 

8 (a) IN GENERAL.—Section 303 of the Help America 

9 Vote Act of 2002 (42 U.S.C. 15483) is amended— 

10 (1) by redesignating subsection (d) as sub11 section (e); and 

12 (2) by inserting after subsection (c) the fol13 lowing new subsection: 

14 ‘‘(d) PERMITTING VOTER REGISTRATION ON DATE

15 OF ELECTION.— 

16 ‘‘(1) IN GENERAL.—At each polling place in a 

17 State at which ballots are cast in an election for 

18 Federal office, an individual may register to vote on 

19 the date of the election, and may cast a vote at the 

20 polling place in the election, if the individual— 

21 ‘‘(A) completes an application for voter 

22 registration in accordance with the require23 ments of this Act and other applicable law; and 

24 ‘‘(B) executes a written affirmation before 

25 an election official at the polling place stating 

26 that the individual is eligible to register to vote 
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1 in the jurisdiction in which the individual de2 sires to vote and has not already voted in the 

3 election. 

4 ‘‘(2) TRANSMITTAL OF COMPLETED APPLICA5 TIONS TO STATE ELECTION OFFICIAL.—An appro6 priate official at a polling place shall transmit any 

7 voter registration application accepted under this 

8 subsection to the appropriate State election official 

9 at the time the official at the polling place transmits 

10 the ballots cast at the polling place to the official. 

11 ‘‘(3) NOTICE TO INDIVIDUALS FILING VOTER

12 REGISTRATION APPLICATIONS AFTER DEADLINE.—If 

13 an individual’s application for voter registration 

14 prior to the date of an election is received by the ap15 propriate election official after the deadline for re16 ceipt of applications with respect to the election 

17 under State law, the official shall transmit a notice 

18 to the individual stating that the application was re19 ceived after the deadline and that the individual may 

20 register to vote at the polling place on the date of 

21 the election in accordance with this subsection. 

22 ‘‘(4) REQUIREMENTS UNDER NATIONAL VOTER

23 REGISTRATION ACT OF 1993.—In carrying out this 

24 subsection, a polling place in a State shall meet the 

25 requirements applicable to a voter registration agen-
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1 cy designated by the State under section 7(a)(2) of 

2 the National Voter Registration Act of 1993 (42 

3 U.S.C. 1973gg–5(a)(2)), except that clauses (i), (ii), 

4 and (iii) of section 7(a)(6)(B) of such Act (42 

5 U.S.C. 1973gg–5(a)(6)(B)) shall not apply with re6 spect to any of the voter registration forms distrib7 uted by the polling place pursuant to this sub8 section.’’. 

9 (b) INCLUSION IN VOTING INFORMATION REQUIRE10 MENTS.—Section 302(b)(2) of such Act (42 U.S.C. 

11 14582(b)(2)) is amended— 

12 (1) in subparagraph (E), by inserting ‘‘and the 

13 right to register to vote at the polling place on the 

14 date of an election and vote in that election’’ after 

15 ‘‘provisional ballot’’; 

16 (2) by redesignating subparagraphs (E) and 

17 (F) as subparagraphs (F) and (G); and 

18 (3) by inserting after subparagraph (D) the fol19 lowing new subparagraph: 

20 ‘‘(E) instructions for individuals reg21 istering to vote at the polling place under sec22 tion 303(d);’’. 

23 (c) EFFECTIVE DATE.—Section 303(e) of such Act 

24 (42 U.S.C. 15483(e)), as redesignated by subsection (a), 
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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(3) REQUIREMENT FOR VOTER REGISTRATION

4 ON DATE OF ELECTION.—Each State and jurisdic5 tion shall be required to comply with the require6 ments of subsection (d) on and after January 1, 

7 2006.’’. 

8 SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR 

9 TO ELECTION; PERMITTING VOTERS TO OB10 TAIN ABSENTEE BALLOTS FOR ANY REASON. 

11 (a) IN GENERAL.—The Help America Vote Act of 

12 2002 is amended— 

13 (1) by redesignating sections 304 and 305 as 

14 sections 305 and 306; and 

15 (2) by inserting after section 303 the following 

16 new section: 

17 ‘‘SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING. 

18 ‘‘(a) REQUIRING JURISDICTIONS TO ESTABLISH

19 EARLY VOTING SITES.— 

20 ‘‘(1) IN GENERAL.—Each jurisdiction in a 

21 State which administers an election for Federal of22 fice shall designate early voting sites within the ju23 risdiction to serve as polling places for the election 

24 prior to the date of the election, and shall permit 

25 any individual who is registered to vote in the elec-
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1 tion and eligible to cast a ballot at any polling place 

2 within the jurisdiction to cast the ballot at the site. 

3 ‘‘(2) TREATMENT OF BALLOTS CAST AT

4 SITES.—After a ballot is cast for an election at an 

5 early voting site under this subsection, the ballot 

6 shall be held and tabulated by the jurisdiction in the 

7 same manner as an absentee ballot cast for the elec8 tion. 

9 ‘‘(3) PERIOD OF OPERATION.—The jurisdiction 

10 shall operate the early voting sites designated under 

11 this subsection for an election during such period as 

12 it considers appropriate, except that— 

13 ‘‘(A) the period may not begin later than 

14 the 22nd day before the date of the election or 

15 the date on which the ballots for the election 

16 are available to be cast (whichever occurs later); 

17 and 

18 ‘‘(B) at least 2 of the days during the pe19 riod shall be weekend days. 

20 ‘‘(4) CONDITIONS FOR DESIGNATION AND DIS21 TRIBUTION OF SITES.—The number of early voting 

22 sites of a jurisdiction and the location of such sites 

23 within the jurisdiction shall be determined by the ju24 risdiction, subject to the following conditions: 
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1 ‘‘(A) To the greatest extent practicable, 

2 the jurisdiction shall designate sites which are 

3 also designated as voter registration agencies 

4 under section 7 the National Voter Registration 

5 Act of 1993 (42 U.S.C. 1973gg–5). 

6 ‘‘(B) The aggregate number of voting sys7 tems used in all such sites in the jurisdiction 

8 may not be less than 25 percent of the total 

9 number of voting systems which will be used in 

10 all polling places in the jurisdiction on the date 

11 of the election. 

12 ‘‘(C) At least one of the sites selected, and 

13 the voting system used at such site, shall be ac14 cessible for individuals with disabilities (includ15 ing the blind and visually impaired). 

16 ‘‘(D) The geographic distribution of the 

17 sites shall reflect the geographic distribution of 

18 the voting age population of the jurisdiction. 

19 ‘‘(E) In establishing sites, the jurisdiction 

20 shall comply with the applicable requirements of 

21 the Voting Rights Act of 1965 (42 U.S.C. 1973 

22 et seq.). 

23 ‘‘(b) PERMITTING VOTERS TO OBTAIN ABSENTEE

24 BALLOTS FOR ANY REASON.—No State election official 

25 may require an individual who requests an absentee ballot 
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1 for an election to provide a reason for the request, or to 

2 otherwise provide any proof of the individual’s need for 

3 an absentee ballot, as a condition of obtaining the ballot.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) DEADLINE FOR ADOPTION OF VOLUNTARY

6 GUIDANCE BY ELECTION ASSISTANCE COMMIS7 SION.—Section 311(b) of such Act (42 U.S.C. 

8 15501(b)) is amended— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (2); 

11 (B) by striking the period at the end of 

12 paragraph (3) and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(4) in the case of recommendations with re16 spect to section 304, January 1, 2006.’’. 

17 (2) ENFORCEMENT.—Section 401 of such Act 

18 (42 U.S.C. 15511) is amended by striking ‘‘and 

19 303’’ and inserting ‘‘303, and 304’’. 

20 (c) CLERICAL AMENDMENT.—The table of sections 

21 for subtitle A of title III of such Act is amended— 

22 (1) by redesignating the items relating to sec23 tions 304 and 305 as items relating to sections 305 

24 and 306; and 
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1 (2) by inserting after the item relating to sec2 tion 303 the following new item: 

‘‘304. Promoting early and absentee voting.’’. 

3 SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT IN4 DIVIDUALS TO COMPLETE INCOMPLETE 

5 MAIL-IN VOTER REGISTRATION APPLICA6 TIONS. 

7 Section 303(b)(4)(B) of the Help America Vote Act 

8 of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read 

9 as follows: 

10 ‘‘(B) INCOMPLETE FORMS.—If an appli11 cant for voter registration with respect to an 

12 election fails to answer any of the questions in13 cluded on the mail voter registration form pur14 suant to subparagraph (A), or otherwise fails to 

15 provide any information required to be provided 

16 on the form, the registrar shall— 

17 ‘‘(i) notify the applicant of the failure 

18 and of the opportunity for the applicant to 

19 register to vote at the polling place on the 

20 date of the election in accordance with sub21 section (d); and 

22 ‘‘(ii) if the form was received by the 

23 registrar within the deadline under State 

24 law for the receipt of voter registration ap25 plications with respect to the election, pro-
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1 vide the applicant with an opportunity to 

2 complete the form in a timely manner to 

3 allow for the completion of the registration 

4 form prior to the election.’’. 

5 SEC. 104. ADDITIONAL FUNDING. 

6 Section 257(a) of the Help America Vote Act of 2002 

7 (42 U.S.C. 15407(a)) is amended— 

8 (1) in paragraph (1), by striking 

9 ‘‘$1,400,000,000’’ and inserting ‘‘$1,405,000,000’’; 

10 (2) in paragraph (2), by striking 

11 ‘‘$1,000,000,000’’ and inserting ‘‘$1,005,000,000’’; 

12 and 

13 (3) in paragraph (3), by striking 

14 ‘‘$600,000,000’’ and inserting ‘‘$605,000,000’’. 

15 SEC. 105. EFFECTIVE DATE. 

16 The amendments made by this title shall take effect 

17 as if included in the enactment of the Help America Vote 

18 Act of 2002. 

19 TITLE II—REMOVING OTHER 

20 BARRIERS TO VOTING 

21 SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER 

22 AS VETERANS DAY FOR PURPOSES OF FED23 ERAL EMPLOYMENT. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 
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1 (1) many Americans do not vote on Election 

2 Day because of conflicting work schedules; 

3 (2) Federal, State, and local governments 

4 should share the responsibility for increasing voter 

5 turnout on Election Day; 

6 (3) States should establish Election Day as a 

7 legal public holiday in each year and should provide 

8 full paid leave for State government employees on 

9 Election Day; and 

10 (4) the treatment of Election Day in the same 

11 manner as Veterans Day for purposes of laws relat12 ing to Federal employment will lead to increased 

13 voter turnout and will increase the availability of poll 

14 workers and suitable polling places. 

15 (b) TREATMENT OF ELECTION DAY IN SAME MAN16 NER AS VETERANS DAY FOR PURPOSES OF FEDERAL EM17 PLOYMENT.—For purposes of any law relating to Federal 

18 employment, the Tuesday next after the first Monday in 

19 November in 2006 and each even-numbered year there20 after shall be treated in the same manner as November 

21 11. 

22 SEC. 202. VOTING LEAVE. 

23 (a) IN GENERAL.—Each employee of an employer 

24 may take up to 2 hours of leave (or up to 3 hours of leave, 

25 in the case of an employee whose workplace is further than 
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1 25 miles from the polling place at which the employee is 

2 eligible to cast a ballot under State law) in order to vote 

3 on any workday on which an election for Federal office 

4 is held. 

5 (b) UNPAID OR PAID LEAVE PERMITTED.—Notwith6 standing any other provision of law, leave granted under 

7 this subsection may be unpaid leave or paid leave. 

8 (c) DUTIES OF EMPLOYEE.—An employee taking 

9 leave under this subsection shall make a reasonable effort 

10 to schedule the leave so as not to disrupt unduly the oper11 ations of the employer, shall provide such notice prior to 

12 taking leave as is practicable, and shall make a reasonable 

13 effort to vote. 

14 (d) NO LOSS OF BENEFITS.—The taking of leave 

15 under this subsection shall not result in the loss of any 

16 employment benefit accrued prior to the date on which the 

17 leave commenced. 

18 (e) PROHIBITED ACTS.— 

19 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

20 for any employer to interfere with, restrain, or deny 

21 the taking of or the attempt to take any leave pro22 vided under this subsection. 

23 (2) DISCRIMINATION.—It shall be unlawful for 

24 any employer to discharge or in any other manner 

25 discriminate against any individual for— 
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1 (A) opposing any practice made unlawful 

2 by this subsection; 

3 (B) filing any charge, or instituting or 

4 causing to be instituted any proceeding, under 

5 or related to this subsection; 

6 (C) giving or preparing to give any infor7 mation in connection with any inquiry or pro8 ceeding relating to any leave provided under 

9 this subsection; or 

10 (D) testifying or preparing to testify in 

11 any inquiry or proceeding relating to any leave 

12 provided under this subsection. 

13 (f) INVESTIGATIVE AUTHORITY.—The Secretary of 

14 Labor shall have investigative authority with respect to the 

15 provisions of this subsection in the same manner and 

16 under the same terms and conditions as the investigative 

17 authority provided under section 106 of the Family and 

18 Medical Leave Act of 1993, and the requirements of sec19 tion 106 of such Act shall apply to employers under this 

20 subsection in the same manner as such requirements apply 

21 to employers under section 106 of such Act. 

22 (g) ENFORCEMENT.—The provisions of section 107 

23 of the Family and Medical Leave Act of 1993 shall apply 

24 with respect to the enforcement of the requirements of this 

25 subsection in the same manner and under the same terms 
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1 and conditions as such provisions apply with respect to 

2 the enforcement of the requirements of title I of such Act. 

3 (h) EMPLOYER DEFINED.—In this section, the term 

4 ‘‘employer’’ means any person engaged in commerce or in 

5 any industry or activity affecting commerce who employs 

6 25 or more employees during a calendar year, and includes 

7 any person who acts, directly or indirectly, in the interest 

8 of an employer to any of the employees of such employer 

9 and any successor in interest of an employer. In the pre10 vious sentence, the terms ‘‘commerce’’ and ‘‘industry or 

11 activity affecting commerce’’ have the meaning given such 

12 terms in section 101(1) of the Family and Medical Leave 

13 Act of 1993. 

14 (i) NONDISCRIMINATION.—The implementation and 

15 enforcement of this section shall be in compliance with the 

16 Voting Rights Act of 1965. 

17 (j) EFFECTIVE DATE.—This section shall apply with 

18 respect to elections occurring after January 2006. 

19 SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION 

20 OF SAMPLE BALLOTS AND VOTING MATE21 RIALS. 

22 It is the sense of Congress that the distribution of 

23 sample ballots, information on voting, and other voter edu24 cation materials will help to prevent errors by voters at 

25 the polls and to reduce the rates of spoiled ballots, and 
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1 Congress encourages States and other jurisdictions which 

2 administer elections to distribute these materials to reg3 istered voters prior to elections. 

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