Sec. 7. On-campus polling locations
969 words·~4 min read·
/bill/118/hr/5293/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term campus — means a geographic site of an institution of higher education that is permanent in nature and offers courses in educational or training programs which are available for students to attend in person; and includes main campuses, branch campuses, and additional locations in the United States. The term institution of higher education has the meaning given that term in subsections
(a)and
(b)of section 101 and subsections
(b)and
(c)of section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) , 1001(b), 1002(b), 1002(c)). The term State means each of the several States and the District of Columbia. Each State shall ensure that polling places for each election for Federal office (referred to in this section as a Federal election ) are made available, on the date of a Federal election, on— each campus of any State public institution of higher education in the State, except any such campus for which the State has received a waiver under subsection (e); and each campus of any other institution of higher education in the State for which the State has received the institution’s written permission to have a polling place on campus. Not less than 90 days before the State's deadline for certifying polling place locations in advance of each Federal election, the State shall request in writing permission to place a polling place for a Federal election, to be available on the date of that election, on the campus of each institution of higher education that is not a State public institution of higher education— for the next Federal election; or for a longer period of time, as agreed to by the State and the institution of higher education. For each institution of higher education that is not a State public institution of higher education and that does not give written permission as described in subsection
(c)for placement of a polling place on the institution's campus, the State shall implement alternative procedures to ensure voting is accessible to youth on that campus who are age 18 and over. Such procedures may include— offering free shuttles for such youth to other nearby polling locations; making available on the campus absentee voting drop boxes for such youth; or offering an on-campus early voting option or a mobile unit on the campus for early voting or election day voting for such youth. The Attorney General may, upon the request of a State, waive the requirement under subsection (b)(1) with respect to a Federal election for a campus described in such paragraph for which the State, in accordance with the guidance under paragraph (3)— determines is an unsuitable polling location in the State for that Federal election; and agrees to require alternative procedures at such campus to ensure voting in Federal elections is accessible to youth who are age 18 and over for that Federal election. To request a waiver under paragraph
(1)with respect to a Federal election and for a campus described in subsection (b)(1), a State shall submit an application to the Attorney General that includes information on the alternative procedures the State will require the State public institution of higher education to implement with respect to that Federal election for that campus to ensure voting is accessible to youth who are age 18 and over. Such procedures may include— offering free shuttles for such youth to other polling locations; making available on the campus absentee voting drop boxes for such youth; or offering an on-campus early voting option or a mobile unit on the campus for early voting or election day voting for such youth. Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidance on the administration of this section, including guidance on the coverage under this section of campuses and institutions of higher education, as defined in subsection (a), acceptable reasons for allowing a waiver under this subsection, and alternative procedures described in paragraph (2), with respect to a campus described in subsection (b)(1). Such guidance shall include considerations of issues relating to the accessibility of the campus, including— the inability to modify the physical attributes of the campus to make the campus accessible for voting; the proximity of the campus to local population centers; the ability of youth age 18 and over who are from historically disadvantaged communities to access the campus; the ability of the institution of higher education to comply with other Federal or State laws relating to Federal elections at that campus location; and the number of students enrolled at the institution of higher education in the year of the relevant Federal election. The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. If the violation is not corrected within 90 days after receipt of a notice under subparagraph (A), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of a Federal election, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. If the violation occurred within 30 days before the date of a Federal election, the aggrieved person need not provide notice to the chief election official of the State under subparagraph
(A)before bringing a civil action under subparagraph (B). The court, in an action under this section, shall allow the plaintiff, if the prevailing party, to recover from the defendant reasonable attorneys’ and expert witness fees and other costs of the action.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 7
On-campus polling locations
Cites 1Cited by 0 across 0 sources