Early Voting Act

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. 1. Short title This Act may be cited as the Early Voting Act 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. (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 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) (1) by striking and (2) by striking the period at the end of paragraph (3) and inserting ; 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 and 303 303, 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. .

Summary: Early Voting Act This bill expands early in-person voting. The bill generally requires each state to allow individuals to vote in federal elections during an early voting period of at least 15 days. This requirement does not apply to jurisdictions that send a mail-in ballot to every registered voter. Further, states and jurisdictions must ensure that polling places are accessible by public transportation, located in rural areas, and located on each branch campus of an institution of higher education. The Election Assistance Commission must issue certain voluntary standards for early voting, including the nondiscriminatory geographic placement of polling places. Finally, states and jurisdictions must begin processing and scanning ballots cast during the early voting period at least 14 days prior to election day. However, states and jurisdictions cannot tabulate ballots before the polls close on election day unless the tabulation is necessary and performed in accordance with existing state law.