Sec. 1405. 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 131(a), section 201(a), section 202(a), section 203(a)(1), section 204(a), section 801(a), section 901(a), section 902(a), section 903(b), and section 904(a), is amended— by redesignating sections 314 and 315 as sections 316 and 317, respectively; and by inserting after section 313 the following new section: Each State shall 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; 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 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 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.
Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. This subsection shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection, without regard to whether or not the Commission has established and published guidelines under paragraph (4). 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. . The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(c), section 902(c), section 903(b), and section 904(a), is amended— by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and by inserting after the item relating to section 313 the following new item: Sec. 314. Ensuring equitable and efficient operation of polling places. .
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Sec. 1405
Ensuring equitable and efficient operation of polling places
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