I 

113TH CONGRESS 

1ST SESSION H. R. 50 

To amend the Help America Vote Act of 2002 to promote early voting 

in elections for Federal office and to prevent unreasonable waiting times 

for voters at polling places used in such elections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Mr. GEORGE MILLER of California (for himself and Mr. CLYBURN) 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 promote 

early voting in elections for Federal office and to prevent 

unreasonable waiting times for voters at polling places 

used in such elections, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Streamlined and Im5 proved Methods at Polling Locations and Early (SIM6 PLE) Voting Act of 2013’’. 


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1 SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND 

2 FOR REDUCING WAITING TIMES FOR VOTERS 

3 IN FEDERAL ELECTIONS. 

4 (a) REQUIREMENTS FOR STATES.— 

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

6 Help America Vote Act of 2002 (42 U.S.C. 15481 

7 et seq.) is amended— 

8 (A) by redesignating sections 304 and 305 

9 as sections 306 and 307; and 

10 (B) by inserting after section 303 the fol11 lowing new sections: 

12 ‘‘SEC. 304. EARLY VOTING. 

13 ‘‘(a) IN GENERAL.—Each State shall allow individ14 uals to vote in an election for Federal office on each day 

15 occurring during the 15-day period which ends on the sec16 ond day immediately preceding the date of the election, 

17 in the same manner as voting is allowed on such date. 

18 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

19 Each polling place which allows voting prior to the date 

20 of a Federal election pursuant to subsection (a) shall— 

21 ‘‘(1) allow such voting for not less than 10 

22 hours on each day; and 

23 ‘‘(2) have uniform hours each day for which 

24 such voting occurs. 

25 ‘‘(c) LOCATION OF POLLING PLACES NEAR PUBLIC

26 TRANSPORTATION.—To the greatest extent practicable, a 


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1 State shall ensure that each polling place which allows vot2 ing prior to the date of a Federal election pursuant to 

3 subsection (a) is located within reasonable walking dis4 tance of a stop on a public transportation route. 

5 ‘‘(d) STANDARDS.— 

6 ‘‘(1) IN GENERAL.—The Commission shall issue 

7 standards for the administration of voting prior to 

8 the date scheduled for a Federal election. Such 

9 standards shall include the nondiscriminatory geo10 graphic placement of polling places at which such 

11 voting occurs. 

12 ‘‘(2) DEVIATION.—The standards described in 

13 paragraph (1) shall permit States, upon providing 

14 adequate public notice, to deviate from any require15 ment in the case of unforeseen circumstances such 

16 as a natural disaster, terrorist attack, or a change 

17 in voter turnout. 

18 ‘‘(e) EFFECTIVE DATE.—This section shall apply 

19 with respect to elections held on or after January 1, 2014. 

20 ‘‘SEC. 305. PREVENTING UNREASONABLE WAITING TIMES 

21 FOR VOTERS. 

22 ‘‘(a) PREVENTING UNREASONABLE WAITING

23 TIMES.— 

24 ‘‘(1) IN GENERAL.—Each State shall provide a 

25 sufficient number of voting systems, poll workers, 


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1 and other election resources (including physical re2 sources) at a polling place used in any election for 

3 Federal office, including a polling place at which in4 dividuals may cast ballots prior to the date of the 

5 election, to ensure— 

6 ‘‘(A) a fair and equitable waiting time for 

7 all voters in the State; and 

8 ‘‘(B) that no individual will be required to 

9 wait longer than one hour to cast a ballot at the 

10 polling place. 

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

12 voting systems, poll workers, and other election re13 sources provided at a polling place for purposes of 

14 paragraph (1), the State shall take into account the 

15 following factors: 

16 ‘‘(A) The voting age population. 

17 ‘‘(B) Voter turnout in past elections. 

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

19 ‘‘(D) The number of voters who have reg20 istered since the most recent Federal election. 

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

22 by the polling place, such as the proportion of 

23 the voting-age population who are under 25 

24 years of age or who are naturalized citizens. 


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

2 with disabilities and voters with limited English 

3 proficiency. 

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

5 ‘‘(H) The length and complexity of initia6 tives, referenda, and other questions on the bal7 lot. 

8 ‘‘(I) Such other factors, including relevant 

9 demographic factors relating to the population 

10 served by the polling place, as the State con11 siders appropriate. 

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

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

14 Commission shall establish and publish guidelines to 

15 assist States in meeting the requirements of this 

16 subsection. 

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

18 this subsection may be construed to authorize a 

19 State to meet the requirements of this subsection by 

20 closing any polling place, prohibiting an individual 

21 from entering a line at a polling place, or refusing 

22 to permit an individual who has arrived at a polling 

23 place prior to closing time from voting at the polling 

24 place. 


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1 ‘‘(b) DEVELOPMENT AND IMPLEMENTATION OF CON2 TINGENCY PLANS.— 

3 ‘‘(1) IN GENERAL.—Each State shall develop, 

4 and implement to the greatest extent practicable, a 

5 contingency plan under which the State shall provide 

6 additional poll workers, machines, ballots, and other 

7 equipment and supplies (as the case may be) on the 

8 date of the election to any polling place used in an 

9 election for Federal office, including a polling place 

10 at which individuals may cast ballots prior to the 

11 date of the election, at which waiting times exceed 

12 one hour. 

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

14 The State shall ensure that the contingency plan de15 veloped under paragraph (1) is approved by the 

16 Commission prior to the date of the election in17 volved, in accordance with such procedures as the 

18 Commission may establish. 

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

20 with respect to elections held on or after January 1, 

21 2014.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents of such Act is amended— 


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1 (A) by redesignating the items relating to 

2 sections 304 and 305 as relating to sections 

3 306 and 307; and 

4 (B) by inserting after the item relating to 

5 section 303 the following new items: 

‘‘Sec. 304. Early voting. 

‘‘Sec. 305. Preventing unreasonable waiting times for voters.’’. 

6 (b) REPORT BY ELECTION ASSISTANCE COMMIS7 SION.—Not later than June 30 of each odd-numbered 

8 year, the Election Assistance Commission shall submit to 

9 Congress a report assessing the impact of sections 304 

10 and 305 of the Help America Vote Act of 2002 (as added 

11 by subsection (a)) on the administration of elections for 

12 Federal office during the preceding 2-year period, and 

13 shall include in the report such recommendations as the 

14 Commission considers appropriate. 

15 (c) NO EFFECT ON AUTHORITY OF STATE TO PRO16 VIDE FOR LONGER PERIODS OF EARLY VOTING OR

17 GREATER AMOUNT OF RESOURCES AT POLLING

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

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

20 with respect to any election for Federal office— 

21 (1) from providing (in an equitable and non22 discriminatory manner) a longer period for early vot23 ing than the minimum period required under section 


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1 304 of the Help America Vote Act of 2002 (as 

2 added by subsection (a)); or 

3 (2) from providing (in an equitable and non4 discriminatory manner) a greater number of sys5 tems, poll workers, and other election resources at 

6 any polling place than the minimum number re7 quired under section 305 of such Act (as added by 

8 subsection (a)). 

9 SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BAL10 LOTS; ESTABLISHMENT OF UNIFORM AND 

11 NONDISCRIMINATORY STANDARDS. 

12 (a) IN GENERAL.—Section 302 of the Help America 

13 Vote Act of 2002 (42 U.S.C. 15482) is amended— 

14 (1) by redesignating subsection (d) as sub15 section (f); and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsections: 

18 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL19 LOTS.— 

20 ‘‘(1) IN GENERAL.—For purposes of subsection 

21 (a)(4), notwithstanding the precinct or polling place 

22 at which a provisional ballot is cast within the State, 

23 the appropriate election official shall count each vote 

24 on such ballot for each election in which the indi25 vidual who cast such ballot is eligible to vote. 


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1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

2 apply with respect to elections held on or after Janu3 ary 1, 2014. 

4 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND5 ARDS.— 

6 ‘‘(1) IN GENERAL.—Consistent with the re7 quirements of this section, each State shall establish 

8 uniform and nondiscriminatory standards for the 

9 issuance, handling, and counting of provisional bal10 lots. 

11 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

12 apply with respect to elections held on or after Janu13 ary 1, 2014.’’. 

14 (b) CONFORMING AMENDMENT.—Section 302(f) of 

15 such Act (42 U.S.C. 15482(f)), as redesignated by sub16 section (a), is amended by striking ‘‘Each State’’ and in17 serting ‘‘Except as provided in subsections (d)(2) and 

18 (e)(2), each State’’. 

19 SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE 

20 RIGHTS OF ACTION TO ENFORCE HELP 

21 AMERICA VOTE ACT OF 2002. 

22 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI23 VATE RIGHTS OF ACTION.—Section 401 of the Help 

24 America Vote Act of 2002 (42 U.S.C. 15511) is amended 

25 to read as follows: 


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1 ‘‘SEC. 401. ENFORCEMENT. 

2 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

3 ‘‘(1) IN GENERAL.—The Attorney General may 

4 bring a civil action against any State or jurisdiction 

5 in an appropriate United States District Court for 

6 such declaratory and injunctive relief (including a 

7 temporary restraining order, a permanent or tem8 porary injunction, or other order) as may be nec9 essary to carry out the requirements of subtitle A of 

10 title III. 

11 ‘‘(2) ASSESSMENT OF CIVIL MONEY PEN12 ALTY.—In a civil action brought under paragraph 

13 (1), if the court finds that the State or jurisdiction 

14 violated any provision of subtitle A of title III, it 

15 may, to vindicate the public interest, assess a civil 

16 penalty against the State or jurisdiction— 

17 ‘‘(A) in an amount not to exceed $110,000 

18 for each such violation, in the case of a first 

19 violation; or 

20 ‘‘(B) in an amount not to exceed $220,000 

21 for each such violation, for any subsequent vio22 lation. 

23 ‘‘(3) INTERVENTION.—Upon timely application, 

24 a person aggrieved by a violation of subtitle A of 

25 title III with respect to which a civil action is com26 menced under paragraph (1) may intervene in such 


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1 action, and may obtain such appropriate relief as the 

2 person could obtain in a civil action under subsection 

3 (b) with respect to that violation, along with costs 

4 and a reasonable attorney fee. 

5 ‘‘(4) REPORT TO CONGRESS.—Not later than 

6 December 31 of each year, the Attorney General 

7 shall submit to Congress an annual report on any 

8 civil action brought under paragraph (1) during the 

9 preceding year. 

10 ‘‘(b) PRIVATE RIGHT OF ACTION.— 

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

12 by a State’s or jurisdiction’s violation of subtitle A 

13 of title III 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 subtitle. 

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

18 may award to a person aggrieved by a violation of 

19 subtitle A of title III who prevails in an action 

20 brought under paragraph (1) the costs of the action, 

21 including a reasonable attorney fee.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 of such Act is amended by amending the item relating to 

24 section 401 to read as follows: 

‘‘Sec. 401. Enforcement.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to violations alleged 

3 to have occurred on or after the date of the enactment 

4 of this Act. 

Æ 


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