Overview

Title

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote, and for other purposes.

ELI5 AI

The "People Over Long Lines Act" is a plan to help people vote in federal elections without waiting too long at polling places. It wants to make sure voters don't wait more than 30 minutes by giving money to states to improve and monitor the voting process, and it also seeks to keep election workers fair by stopping them from working on political campaigns they might oversee.

Summary AI

S. 3517, also known as the "People Over Long Lines Act" or the "POLL Act," aims to amend the Help America Vote Act of 2002 by ensuring that voters in federal elections do not experience long wait times at polling places. The bill requires states to develop plans to keep waiting times under 30 minutes and sets up a system for monitoring and improving voter wait times, especially in communities where long waits have been problematic. The legislation also provides mechanisms for emergency paper ballots if voting equipment fails and introduces penalties for violations, including a private right of action for voters affected by unreasonable wait times. Additionally, the bill prohibits state election officials from engaging in political campaigns for federal elections they oversee and provides funding to help states meet these requirements.

Published

2023-12-14
Congress: 118
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2023-12-14
Package ID: BILLS-118s3517is

Bill Statistics

Size

Sections:
12
Words:
4,745
Pages:
22
Sentences:
109

Language

Nouns: 1,326
Verbs: 368
Adjectives: 306
Adverbs: 38
Numbers: 237
Entities: 274

Complexity

Average Token Length:
4.11
Average Sentence Length:
43.53
Token Entropy:
5.46
Readability (ARI):
23.16

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "People Over Long Lines Act" or "POLL Act," aims to amend the Help America Vote Act of 2002. The bill's central goal is to ensure that voters in federal elections do not experience long wait times, ideally capping waits at 30 minutes. It mandates states to publish plans detailing how they will manage polling place efficiencies and sets up systems of accountability and potential legal recourse for voters facing unreasonable delays. Additionally, it aims to distribute federal financial assistance to states for these initiatives and prohibits chief state election officials from participating in political campaigns for federal elections they oversee.

Summary of Significant Issues

One significant issue is the ambitious requirement for states to guarantee no voter waits longer than 30 minutes, which might pose logistical and financial challenges. The bill authorizes substantial funding for strategies to reduce voter wait times but lacks detailed guidelines on how these funds should be used or overseen, posing a risk of unaccountable or inefficient spending. Furthermore, it introduces the potential for numerous lawsuits because of its provisions on private rights of action for wait time violations, leading to possible litigation costs without clear enforcement priorities.

Additionally, the bill's payment formula for distributing federal funds favors states over territories, potentially leading to perceptions of unfairness. The text is criticized for relying on outdated studies, which might weaken its argument about current voting challenges and discrimination faced by certain communities.

Provisions regarding the prohibition of campaign activities by election officials lack clarity in enforcement, potentially causing legal challenges and inconsistent applications.

Impact on the Public and Stakeholders

The bill, if enacted, could significantly impact voters, particularly by attempting to ensure quicker access to voting in federal elections. For the general public, this might mean reduced wait times and improved accessibility, particularly benefitting communities historically facing longer polling lines, such as communities of color and those with disabilities.

However, state governments may face negative impacts due to the logistics and costs associated with implementing these mandates. The requirements might place additional strain on already tight state budgets or require reallocation of resources away from other areas.

Election officials are specifically targeted by the bill's prohibition on campaign activities, which could enhance public trust in unbiased election oversight. Yet, without clear enforcement mechanisms, election officials might face legal uncertainties.

The territories, receiving a smaller portion of the funding compared to states, might perceive the allocation as unfair and inadequate to address their voting challenges.

Conclusion

Overall, the POLL Act proposes a solution to a significant issue facing American voters: lengthy waits at polling stations. While the intentions of the bill are commendable, aiming to promote fair access to voting, it raises questions about logistical feasibility and equitable allocation of resources. Its impact will largely depend on how effectively its measures are implemented and overseen, with the potential to both improve voter experiences and pose new challenges for states and election officials if not thoughtfully executed.

Financial Assessment

The "People Over Long Lines Act" (POLL Act), identified as S. 3517, includes several financial provisions aimed at reducing voter wait times and improving election management in federal elections. Below is an analysis of the financial elements included in the bill:

Summary of Financial Provisions

The bill authorizes and allocates funding to several key areas to address voter wait times and election administration:

  1. Annual Funding for the Election Assistance Commission: The Act authorizes the appropriation of $5,000,000 annually from 2024 to 2033 to the Election Assistance Commission. This funding is intended to support the implementation of measures to decrease voter wait times.

  2. Civil Penalties for Violations: In cases where a court finds a violation of unreasonable voter wait times, a civil penalty is assessed. This penalty comprises $50 plus an additional $50 for each hour a person waits beyond the prescribed limit, alongside reasonable attorney fees. When the violation is intentional or reckless, these amounts increase to $650 and $150 respectively.

  3. Payments to States: The Act allocates $500,000,000 for each fiscal year to assist states in preventing unreasonable wait times. This funding is distributed based on a formula that considers both a minimum payment amount and the voting-age population proportion, which may create disparities between states and territories.

Relation to Identified Issues

  1. Potential Wasteful Spending: One issue raised concerns the lack of specific guidelines on how the $5,000,000 annual funding should be utilized by the Election Assistance Commission. Without clear accountability or assessment measures, there's a risk that funds may not be spent effectively, potentially leading to wasteful expenditure. This aligns with concerns about a lack of specific guidance leading to unaccountable spending by the states.

  2. Civil Penalties and Litigation Costs: The provisions for civil penalties tied to excessive wait times may prompt numerous lawsuits, potentially imposing significant legal costs on states. The potential for excessive litigation is compounded by ambiguities in enforcement priorities, raising the concern of financial strain on state resources due to inconsistent interpretations of "unreasonable wait times."

  3. Disparities in Payments to States vs. Territories: The funding distribution formula, which grants only one-tenth of 1 percent to territories, raises fairness concerns. This allocation method may inequitably favor states over territories, resulting in inadequate financial support for territories to effectively manage voter wait times.

  4. Resource Allocation without Clear Calculations: While the bill introduces requirements for adequate voting systems and resources, it lacks detailed guidelines on calculating these needs and securing adequate funding. Consequently, states might encounter financial strain and uneven implementation, further exacerbating disparities in voter experience across different jurisdictions.

Conclusion

The POLL Act's financial allocations are designed to reduce voter wait times and enhance election administration, but they also present potential challenges. The effectiveness of these financial provisions largely depends on further clarification of funding guidelines, ensuring equitable distribution, and addressing issues identified with legal enforcement. Addressing these concerns could better align financial allocations with the desired outcomes of efficient and fair electoral processes.

Issues

  • The requirement for each state to ensure that no voter waits more than 30 minutes, as outlined in Section 3, might be seen as overly ambitious and could lead to logistical and financial challenges for states. Without specific guidance on fund allocation, this could result in unaccountable or wasteful spending.

  • The bill authorizes $5,000,000 annually from 2024 to 2033 for the Election Assistance Commission in Section 3 and 304 to address voter waiting times. However, the lack of specific measures and accountability mechanisms for how these funds should be used or assessed for effectiveness could lead to potentially excessive and inefficient expenditure.

  • The section on private right of action in Section 403 presents potential legal challenges, as the provision allows significant penalties for waiting time violations without clear guidelines on enforcement priorities, which could lead to a large number of lawsuits and litigation costs for states.

  • Section 4 introduces requirements for minimum voting systems and poll workers but lacks clear guidelines on calculation and funding, leading to potential financial strain and uneven implementation across states, thereby creating disparities in voter experience.

  • The bill in Section 6 proposes a payment formula for states to reduce wait times that appears to disproportionately favor states over territories, as territories receive only one-tenth of 1 percent of the funds while states get a larger share, raising fairness concerns.

  • The reliance on outdated studies in Section 2 could affect the credibility of the findings regarding voting challenges faced by communities of color and other marginalized groups, potentially undermining the bill's effectiveness in addressing current voting inequalities.

  • Section 5 addresses prohibiting campaign activities by election officials, yet lacks clarity on enforcing these prohibitions and defining 'use of official authority or influence,' potentially leading to legal challenges and inconsistent application.

  • In Section 319A, the exception clause for election officials' recusal lacks detailed procedures, which may lead to inconsistent application and challenges related to transparency and accountability in election oversight.

  • Ambiguities in defining terms such as 'serious delay' in Section 304 and 'appropriate district court' in Section 403 could lead to inconsistent interpretations, impacting fair and uniform application of the law.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The People Over Long Lines Act, also known as the POLL Act, is introduced as a short title for this legislative bill.

2. Findings Read Opens in new tab

Summary AI

Congress finds that voting is a fundamental right, but many Americans face barriers that make it difficult to participate in elections. These barriers include long wait times at polling places, especially affecting communities of color, which discourage voting and lead to lower participation rates.

3. Preventing unreasonable voter waiting times Read Opens in new tab

Summary AI

The bill aims to reduce voter waiting times at polling places to 30 minutes or less by requiring states to create and publicly share plans for efficient voting, with special attention to voters with disabilities. States that fail to meet these standards must follow remedial plans, and individuals can file lawsuits if they experience unreasonable delays, potentially receiving compensation.

Money References

  • , there are authorized to be appropriated for each of the fiscal years 2024 through 2033, $5,000,000 for each such year for the Commission to carry out this subsection.
  • the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum ofβ€” β€œ(A) $50; plus β€œ(B) an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus β€œ(C) reasonable attorney fees, including litigation expenses, and costs.
  • β€œ(2) SPECIAL RULE.β€”If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304β€” β€œ(A) paragraph (1)(A) shall be applied by substituting β€˜$650’ for β€˜$50’; and β€œ(B) paragraph (1(B) shall be applied by substituting β€˜$150’ for β€˜$50’.”.

304. Unreasonable voter waiting times Read Opens in new tab

Summary AI

The section outlines measures to ensure that voters do not wait more than 30 minutes at polling places during federal elections. It requires states to create plans to manage wait times, allows for emergency paper ballots if delays occur, and establishes guidelines for reviewing and addressing excessive wait times, with provisions for federal oversight and coordination to reduce wait times for future elections.

Money References

  • , there are authorized to be appropriated for each of the fiscal years 2024 through 2033, $5,000,000 for each such year for the Commission to carry out this subsection.

403. Private right of action for unreasonable voter waiting time Read Opens in new tab

Summary AI

In this section, individuals who experience long waiting times at polling places due to violations of election rules can file a lawsuit to seek compensation. If the court finds that the delay was intentional or reckless, higher penalties and fees are imposed to deter such actions.

Money References

  • (b) Relief.β€”In any civil action commenced under subsection (a): (1) IN GENERAL.β€”If the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum ofβ€” (A) $50; plus (B) an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus (C) reasonable attorney fees, including litigation expenses, and costs.
  • (2) SPECIAL RULE.β€”If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304β€” (A) paragraph (1)(A) shall be applied by substituting β€œ$650” for β€œ$50”; and (B) paragraph (1(B) shall be applied by substituting β€œ$150” for β€œ$50”.

4. Minimum required voting systems, poll workers, and election resources Read Opens in new tab

Summary AI

The bill requires each state to have enough voting systems, poll workers, and resources at every voting site for federal elections, starting January 1, 2025. It mandates the Attorney General to set standards for these resources, ensuring fair distribution and minimizing wait times, with special rules for sites using electronic poll books, and allowing exceptions in emergencies.

321. Minimum required voting systems and poll workers Read Opens in new tab

Summary AI

The section requires each state to ensure they have the minimum necessary number of voting systems, poll workers, and other voting resources at each location for federal elections and early voting days, as per certain standards. States must comply with these rules starting January 1, 2025, and a "voting system" includes all equipment and software used for voter verification, vote casting and counting, and audit trails.

299. Standards for establishing the minimum required voting systems and poll workers Read Opens in new tab

Summary AI

The section outlines standards to be created by the Attorney General for the minimum number of voting systems, poll workers, and other resources needed for federal elections, ensuring they are distributed fairly based on various factors like population and voter registration. It also aims to keep voter wait times under 30 minutes, with special rules for sites using electronic poll books, and allows for adjustments in emergencies like natural disasters.

5. Prohibition on campaign activities by chief State election administration officials Read Opens in new tab

Summary AI

The bill introduces a new section to prohibit chief State election administration officials from engaging in political campaign activities for federal elections they oversee. However, an exception is made if the official recuses themselves when they or a family member are candidates, provided their replacement does not report directly to them; this rule will apply to federal elections from January 1, 2025, onward.

319A. Campaign activities by chief State election administration officials Read Opens in new tab

Summary AI

The section prohibits the top state election officials from participating in political campaigns or using their power to influence federal elections. However, if they or their immediate family members are running for office, they can avoid these restrictions by stepping away from managing the election, provided their replacement does not report directly to them.

6. Payments to States to prevent unreasonable wait times and promote well-run elections Read Opens in new tab

Summary AI

The section details a new part of the Help America Vote Act that provides funds to states to reduce voter wait times and improve election efficiency. Each eligible state can receive payments based on a fixed minimum amount and a portion calculated by its voting-age population, with up to $500 million authorized annually for these payments.

Money References

  • β€” β€œ(1) IN GENERAL.β€”There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year.

297. Payments to States Read Opens in new tab

Summary AI

The section outlines how the Commission will distribute funds to states that qualify by submitting a plan explaining their use of the funds, primarily to meet certain regulatory requirements. The amount each state receives includes a base amount and an additional sum based on the state's voting-age population, with total funding of $500 million available annually until all funds are spent.

Money References

  • β€” (1) IN GENERAL.β€”There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year.