304 of the Help America Vote Act of 2002 (as 
added by subsection (a)); or 
(2) from providing (in an equitable and non-
discriminatory manner) a greater number of sys-
tems, poll workers, and other election resources at 
any polling place than the minimum number re-
quired under section 305 of such Act (as added by 
subsection (a)). 
SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BAL-
LOTS; ESTABLISHMENT OF UNIFORM AND 
NONDISCRIMINATORY STANDARDS. 
(a) IN GENERAL.—Section 302 of the Help America 
Vote Act of 2002 (52 U.S.C. 21082) is amended— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(4), notwithstanding the precinct or polling place 
at which a provisional ballot is cast within the State, 
the appropriate election official shall count each vote 
on such ballot for each election in which the indi-
vidual who cast such ballot is eligible to vote. 
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‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2020. 
‘‘(e) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of this section, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2018.’’. 
(b) CONFORMING AMENDMENT.—Section 302(f) of 
such Act (52 U.S.C. 21082(f)), as redesignated by sub-
section (a), is amended by striking ‘‘Each State’’ and in-
serting ‘‘Except as provided in subsections (d)(2) and 
(e)(2), each State’’. 
SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE 
RIGHTS 
OF 
ACTION 
TO 
ENFORCE 
HELP 
AMERICA VOTE ACT OF 2002. 
(a) AVAILABILITY OF CIVIL PENALTIES AND PRI-
VATE RIGHTS
OF ACTION.—Section 401 of the Help 
America Vote Act of 2002 (52 U.S.C. 21111) is amended 
to read as follows: 
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‘‘SEC. 401. ENFORCEMENT. 
‘‘(a) ACTION BY ATTORNEY GENERAL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring a civil action against any State or jurisdiction 
in an appropriate United States District Court for 
such declaratory and injunctive relief (including a 
temporary restraining order, a permanent or tem-
porary injunction, or other order) as may be nec-
essary to carry out the requirements of subtitle A of 
title III. 
‘‘(2) ASSESSMENT
OF
CIVIL
MONEY
PEN-
ALTY.—In a civil action brought under paragraph 
(1), if the court finds that the State or jurisdiction 
violated any provision of subtitle A of title III, it 
may, to vindicate the public interest, assess a civil 
penalty against the State or jurisdiction— 
‘‘(A) in an amount not to exceed $110,000 
for each such violation, in the case of a first 
violation; or 
‘‘(B) in an amount not to exceed $220,000 
for each such violation, for any subsequent vio-
lation. 
‘‘(3) INTERVENTION.—Upon timely application, 
a person aggrieved by a violation of subtitle A of 
title III with respect to which a civil action is com-
menced under paragraph (1) may intervene in such 
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action, and may obtain such appropriate relief as the 
person could obtain in a civil action under subsection 
(b) with respect to that violation, along with costs 
and a reasonable attorney fee. 
‘‘(4) REPORT TO CONGRESS.—Not later than 
December 31 of each year, the Attorney General 
shall submit to Congress an annual report on any 
civil action brought under paragraph (1) during the 
preceding year. 
‘‘(b) PRIVATE RIGHT OF ACTION.— 
‘‘(1) AVAILABILITY.—A person who is aggrieved 
by a State’s or jurisdiction’s violation of subtitle A 
of title III may bring a civil action in an appropriate 
United States District Court for such declaratory or 
injunctive relief as may be necessary to carry out the 
requirements of such subtitle. 
‘‘(2) COSTS AND ATTORNEY FEES.—The court 
may award to a person aggrieved by a violation of 
subtitle A of title III who prevails in an action 
brought under paragraph (1) the costs of the action, 
including a reasonable attorney fee.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 401 to read as follows: 
‘‘Sec. 401. Enforcement.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations alleged 
to have occurred on or after the date of the enactment 
of this Act. 
Æ 
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