tion and eligible to cast a ballot at any polling place 
within the jurisdiction to cast the ballot at the site. 
‘‘(2) TREATMENT
OF
BALLOTS
CAST
AT 
SITES.—After a ballot is cast for an election at an 
early voting site under this subsection, the ballot 
shall be held and tabulated by the jurisdiction in the 
same manner as an absentee ballot cast for the elec-
tion. 
‘‘(3) PERIOD OF OPERATION.—The jurisdiction 
shall operate the early voting sites designated under 
this subsection for an election during such period as 
it considers appropriate, except that— 
‘‘(A) the period may not begin later than 
the 22nd day before the date of the election or 
the date on which the ballots for the election 
are available to be cast (whichever occurs later); 
and 
‘‘(B) at least 2 of the days during the pe-
riod shall be weekend days. 
‘‘(4) CONDITIONS FOR DESIGNATION AND DIS-
TRIBUTION OF SITES.—The number of early voting 
sites of a jurisdiction and the location of such sites 
within the jurisdiction shall be determined by the ju-
risdiction, subject to the following conditions:
‘‘(A) To the greatest extent practicable, 
the jurisdiction shall designate sites which are 
also designated as voter registration agencies 
under section 7 the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg–5). 
‘‘(B) The aggregate number of voting sys-
tems used in all such sites in the jurisdiction 
may not be less than 25 percent of the total 
number of voting systems which will be used in 
all polling places in the jurisdiction on the date 
of the election. 
‘‘(C) At least one of the sites selected, and 
the voting system used at such site, shall be ac-
cessible for individuals with disabilities (includ-
ing the blind and visually impaired). 
‘‘(D) The geographic distribution of the 
sites shall reflect the geographic distribution of 
the voting age population of the jurisdiction. 
‘‘(E) In establishing sites, the jurisdiction 
shall comply with the applicable requirements of 
the Voting Rights Act of 1965 (42 U.S.C. 1973 
et seq.). 
‘‘(b) PERMITTING VOTERS TO OBTAIN ABSENTEE 
BALLOTS FOR ANY REASON.—No State election official 
may require an individual who requests an absentee ballot
for an election to provide a reason for the request, or to 
otherwise provide any proof of the individual’s need for 
an absentee ballot, as a condition of obtaining the ballot.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DEADLINE FOR ADOPTION OF VOLUNTARY 
GUIDANCE
BY
ELECTION
ASSISTANCE
COMMIS-
SION.—Section 311(b) of such Act (42 U.S.C. 
15501(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of recommendations with re-
spect to section 304, January 1, 2006.’’. 
(2) ENFORCEMENT.—Section 401 of such Act 
(42 U.S.C. 15511) is amended by striking ‘‘and 
303’’ and inserting ‘‘303, and 304’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subtitle A of title III of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 304 and 305 as items relating to sections 305 
and 306; and
(2) by inserting after the item relating to sec-
tion 303 the following new item: 
‘‘304. Promoting early and absentee voting.’’. 
SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT IN-
DIVIDUALS 
TO 
COMPLETE 
INCOMPLETE 
MAIL-IN 
VOTER 
REGISTRATION 
APPLICA-
TIONS. 
Section 303(b)(4)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read 
as follows: 
‘‘(B) INCOMPLETE
FORMS.—If an appli-
cant for voter registration with respect to an 
election fails to answer any of the questions in-
cluded on the mail voter registration form pur-
suant to subparagraph (A), or otherwise fails to 
provide any information required to be provided 
on the form, the registrar shall— 
‘‘(i) notify the applicant of the failure 
and of the opportunity for the applicant to 
register to vote at the polling place on the 
date of the election in accordance with sub-
section (d); and 
‘‘(ii) if the form was received by the 
registrar within the deadline under State 
law for the receipt of voter registration ap-
plications with respect to the election, pro-
vide the applicant with an opportunity to 
complete the form in a timely manner to 
allow for the completion of the registration 
form prior to the election.’’. 
SEC. 104. ADDITIONAL FUNDING. 
Section 257(a) of the Help America Vote Act of 2002 
(42 U.S.C. 15407(a)) is amended— 
(1) 
in 
paragraph 
(1), 
by 
striking 
‘‘$1,400,000,000’’ and inserting ‘‘$1,405,000,000’’; 
(2) 
in 
paragraph 
(2), 
by 
striking 
‘‘$1,000,000,000’’ and inserting ‘‘$1,005,000,000’’; 
and 
(3) 
in 
paragraph 
(3), 
by 
striking 
‘‘$600,000,000’’ and inserting ‘‘$605,000,000’’. 
SEC. 105. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
as if included in the enactment of the Help America Vote 
Act of 2002. 
TITLE II—REMOVING OTHER 
BARRIERS TO VOTING 
SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER 
AS VETERANS DAY FOR PURPOSES OF FED-
ERAL EMPLOYMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) many Americans do not vote on Election 
Day because of conflicting work schedules; 
(2) Federal, State, and local governments 
should share the responsibility for increasing voter 
turnout on Election Day; 
(3) States should establish Election Day as a 
legal public holiday in each year and should provide 
full paid leave for State government employees on 
Election Day; and 
(4) the treatment of Election Day in the same 
manner as Veterans Day for purposes of laws relat-
ing to Federal employment will lead to increased 
voter turnout and will increase the availability of poll 
workers and suitable polling places. 
(b) TREATMENT OF ELECTION DAY IN SAME MAN-
NER AS VETERANS DAY FOR PURPOSES OF FEDERAL EM-
PLOYMENT.—For purposes of any law relating to Federal 
employment, the Tuesday next after the first Monday in 
November in 2006 and each even-numbered year there-
after shall be treated in the same manner as November 
11. 
SEC. 202. VOTING LEAVE. 
(a) IN GENERAL.—Each employee of an employer 
may take up to 2 hours of leave (or up to 3 hours of leave, 
in the case of an employee whose workplace is further than
25 miles from the polling place at which the employee is 
eligible to cast a ballot under State law) in order to vote 
on any workday on which an election for Federal office 
is held. 
(b) UNPAID OR PAID LEAVE PERMITTED.—Notwith-
standing any other provision of law, leave granted under 
this subsection may be unpaid leave or paid leave. 
(c) DUTIES
OF EMPLOYEE.—An employee taking 
leave under this subsection shall make a reasonable effort 
to schedule the leave so as not to disrupt unduly the oper-
ations of the employer, shall provide such notice prior to 
taking leave as is practicable, and shall make a reasonable 
effort to vote. 
(d) NO LOSS OF BENEFITS.—The taking of leave 
under this subsection shall not result in the loss of any 
employment benefit accrued prior to the date on which the 
leave commenced. 
(e) PROHIBITED ACTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
the taking of or the attempt to take any leave pro-
vided under this subsection. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against any individual for—
(A) opposing any practice made unlawful 
by this subsection; 
(B) filing any charge, or instituting or 
causing to be instituted any proceeding, under 
or related to this subsection; 
(C) giving or preparing to give any infor-
mation in connection with any inquiry or pro-
ceeding relating to any leave provided under 
this subsection; or 
(D) testifying or preparing to testify in 
any inquiry or proceeding relating to any leave 
provided under this subsection. 
(f) INVESTIGATIVE AUTHORITY.—The Secretary of 
Labor shall have investigative authority with respect to the 
provisions of this subsection in the same manner and 
under the same terms and conditions as the investigative 
authority provided under section 106 of the Family and 
Medical Leave Act of 1993, and the requirements of sec-
tion 106 of such Act shall apply to employers under this 
subsection in the same manner as such requirements apply 
to employers under section 106 of such Act. 
(g) ENFORCEMENT.—The provisions of section 107 
of the Family and Medical Leave Act of 1993 shall apply 
with respect to the enforcement of the requirements of this 
subsection in the same manner and under the same terms
and conditions as such provisions apply with respect to 
the enforcement of the requirements of title I of such Act. 
(h) EMPLOYER DEFINED.—In this section, the term 
‘‘employer’’ means any person engaged in commerce or in 
any industry or activity affecting commerce who employs 
25 or more employees during a calendar year, and includes 
any person who acts, directly or indirectly, in the interest 
of an employer to any of the employees of such employer 
and any successor in interest of an employer. In the pre-
vious sentence, the terms ‘‘commerce’’ and ‘‘industry or 
activity affecting commerce’’ have the meaning given such 
terms in section 101(1) of the Family and Medical Leave 
Act of 1993. 
(i) NONDISCRIMINATION.—The implementation and 
enforcement of this section shall be in compliance with the 
Voting Rights Act of 1965. 
(j) EFFECTIVE DATE.—This section shall apply with 
respect to elections occurring after January 2006. 
SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION 
OF SAMPLE BALLOTS AND VOTING MATE-
RIALS. 
It is the sense of Congress that the distribution of 
sample ballots, information on voting, and other voter edu-
cation materials will help to prevent errors by voters at 
the polls and to reduce the rates of spoiled ballots, and
Congress encourages States and other jurisdictions which 
administer elections to distribute these materials to reg-
istered voters prior to elections. 
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