Sec. 1607. Ensuring equitable and efficient operation of polling places

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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), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended— by redesignating sections 315 and 316 as sections 316 and 317, respectively; and by inserting after section 314 the following new section: Each State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— a fair and equitable waiting time for all voters in the State or jurisdiction; and that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place.

In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: The voting age population. Voter turnout in past elections. The number of voters registered. The number of voters who have registered since the most recent Federal election. Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens.

The needs and numbers of voters with disabilities and voters with limited English proficiency. The type of voting systems used. The length and complexity of initiatives, referenda, and other questions on the ballot. Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. Nothing in this subsection may be construed— to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or to limit the use of mobile voting centers.

Except as provided in subparagraph

(B)and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. Subparagraph

(A)does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. Paragraph

(1)does not apply in the case of a polling place— whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. This section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection. . Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1201, is amended— by striking and at the end of paragraph (4); by redesignating paragraph

(5)as paragraph (6); in paragraph (6), as so redesignated, by striking paragraph

(4)and inserting paragraph

(4)or

(5); and by inserting after paragraph

(4)the following new paragraph: in the case of the recommendations with respect to section 315, 180 days after the date of the enactment of such section; and . 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), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended— by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and by inserting after the item relating to section 314 the following new item: Sec. 315. Ensuring equitable and efficient operation of polling places. . The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1).

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52 USC 21081
52 USC 21101(b)

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Sec. 1607

Ensuring equitable and efficient operation of polling places

Cite52 USC 21081

Cite52 USC 21101(b)

Cites 2Cited by 0 across 0 sources