Sec. 2. Findings

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Congress finds the following: Congress has the authority under article 1, section 4 of the Constitution of the United States to enact laws governing the time, place, and manner of Federal elections. Congress has the authority under section 2 of the 15th Amendment to enforce the right of citizens of the United States to vote, which shall not be denied or abridged by the United States, by legislation. Section 1 of the 14th Amendment guarantees due process of law and equal protection of the laws.

The right to vote is the foundation of American democracy. Voting provides the citizenry with a vital check on their elected officials and grants people the political power necessary to exercise and defend the rights guaranteed by the United States Constitution. As Dr. Martin Luther King Jr. explained in a speech delivered on May 17, 1957, So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind—it is made up for me.

I cannot live as a democratic citizen, observing the laws I have helped to enact—I can only submit to the edict of others . The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. Multiple studies have shown that voters of all races are more likely to wait in line to vote longer in counties with higher population density, and Latino and Black voters disproportionately live in these areas.

One way voting in communities of color has been suppressed is through long waits at polling locations. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard:

No citizen should have to wait more than 30 minutes to vote . Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections.

The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. American Indian and Alaska Native voters face unique obstacles in a vote-by-mail system. Tribal communities in rural areas often do not have traditional residential mailing addresses and have limited access to transportation. Tribal members have distant rural post offices, slow mail routes, limited numbers of post office operation, and too few post office boxes.

As a result, rural Tribal communities require distinct voting accommodations to ensure participation in a vote-by-mail system. The Cybersecurity and Infrastructure Security Agency Elections Infrastructure Government Coordinating Council and Sector Coordinating Councils Joint COVID Working Group designated ballot drop boxes are a secure and convenient means for votes to return their mail ballot. The Cybersecurity and Infrastructure Security Agency Elections Infrastructure Government Coordinating Council and Sector Coordinating Councils Joint COVID Working Group says best practices require one drop box for every 15,000 voters and no more than 50 miles in between drop boxes in rural areas.