Expanding Access to Early Voting Act of 2021
Bill: H.R.640 | Sponsor: Rep. Brown, Anthony G. (D-MD)
Policy area: Government Operations and Politics

Summary:
Expanding Access to Early Voting Act of 2021
This bill expands early in-person voting.
Specifically, the bill requires each state to allow individuals to vote in federal elections during an early voting period of at least 15 days.
Further, states must ensure that polling places are accessible by public transportation and located in rural areas.
The Election Assistance Commission must issue certain standards for early voting, including the nondiscriminatory geographic placement of polling places.
Finally, states must begin processing and scanning ballots cast during the early voting period at least 14 days prior to election day. However, states cannot tabulate ballots before the polls close on election day.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Access to Early Voting Act 
of 2021''.

SEC. 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.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. EARLY VOTING.

    ``(a) Requiring Voting Prior to Date of Election.--
            ``(1) In general.--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 the 
        same manner as voting is allowed on such date.
            ``(2) 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 on the date of the election.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting during an early voting period under subsection (a) 
shall--
            ``(1) allow such voting for no less than 10 hours on each 
        day;
            ``(2) have uniform hours each day for which such voting 
        occurs; and
            ``(3) 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).
    ``(c) Location of Polling Places.--
            ``(1) Proximity to public transportation.--To the greatest 
        extent practicable, a State shall ensure that each polling 
        place which allows voting during an early voting period under 
        subsection (a) is located within walking distance of a stop on 
        a public transportation route.
            ``(2) Availability in rural areas.--The State shall ensure 
        that polling places which allow voting during an early voting 
        period under subsection (a) will be located in rural areas of 
        the State, and shall 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.
    ``(d) Standards.--
            ``(1) In general.--The Commission shall issue standards for 
        the administration of voting prior to the day scheduled for a 
        Federal election. Such standards shall include the 
        nondiscriminatory geographic placement of polling places at 
        which such voting occurs.
            ``(2) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon providing adequate public notice, to 
        deviate from any requirement in the case of unforeseen 
        circumstances such as a natural disaster, terrorist attack, or 
        a change in voter turnout.
    ``(e) Ballot Processing and Scanning Requirements.--
            ``(1) In general.--The State shall begin processing and 
        scanning ballots cast during early voting for tabulation at 
        least 14 days prior to the date of the election involved.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed to permit a State to tabulate ballots in an election 
        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 2022 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)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; 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, 2022.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``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.''.
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