Sec. 1201. Early voting
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Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended— by redesignating sections 310 and 311 as sections 311 and 312, respectively; and by inserting after section 309 the following new section: Each election jurisdiction 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.
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. Each polling place which allows voting during an early voting period under subparagraph
(A)shall— allow such voting for no less than 10 hours on each day during the period; have uniform hours each day for which such voting occurs; and 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). In the case of a jurisdiction that sends every registered voter a ballot by mail— paragraph
(1)shall not apply; 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 each polling place which allows voting during an early voting period under subparagraph
(B)shall allow such voting— during the election office’s regular business hours; and for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. 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— at each polling place which allows voting during the early voting period described in paragraph (1)(A)— during the election office’s regular business hours; and 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 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). A jurisdiction is described in this subparagraph if such jurisdiction— had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. Nothing in this subsection shall be construed— 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; 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 to limit a State or jurisdiction from offering early voting on the Monday before Election Day. To the greatest extent practicable, each State and jurisdiction shall— ensure that there are an appropriate number of polling places which allow voting during an early voting period; and ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. 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. In the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— ensure that an appropriate number of polling places (not less than one) which allow voting during an early voting period under subsection
(b)will be located in such rural areas; and 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. In the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection (b)(2) or a small jurisdiction described in subsection (b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— ensure that an appropriate number of polling places (not less than one) which allow voting during the early voting period under subsection
(b)will be located on the physical campus of each such institution, including each such branch campus; and ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. Not later than June 30, 2022, 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. 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. Nothing in this subsection shall be construed— 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 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. 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. . Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b), is amended— by striking and at the end of paragraph (3); by striking the period at the end of paragraph
(4)and inserting ; and ; and by adding at the end the following new paragraph: except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote: John R. Lewis Act , June 30, 2022. . The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended— by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and by inserting after the item relating to section 309 the following new item: Sec. 310. Early voting. .
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