FITZPATRICK. Madam Speaker, on rollcall No. 4, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
Stated against:
Mr. LARSON of Connecticut. Madam Speaker, on January 3, 2013--I was
not present for rollcall vote 4. If I had been present for this vote, I
would have voted: ``Nay'' on rollcall vote 4.
Motion to Commit
Mr. GEORGE MILLER of California. Madam Speaker, I have a motion to
commit at the desk.
The SPEAKER pro tempore (Mrs. Emerson). The Clerk will report the
motion.
The Clerk read as follows:
Mr. George Miller of California moves that the resolution
(H. Res. 5) be committed to a select committee composed of
the Majority Leader and the Minority Leader with instructions
to report it forthwith back to the House with the following
amendment:
At the end of the resolution, add the following new
sections:
SEC. 6. TO SHORTEN VOTING LINES AND PROTECT EARLY VOTING
OPPORTUNITIES.
Not later than January 31, 2013, the Speaker shall,
pursuant to clause 2(b) of rule XVIII, declare the House
resolved into the Committee of the Whole House on the state
of the Union for consideration of a bill consisting of the
text specified in section 8 of this resolution, to amend the
Help America Vote Act of 2002 to promote early voting in
elections for Federal office and to prevent unreasonable
waiting times for voters at polling places used in such
elections, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chair and ranking minority
member of the Committee on House Administration. After
general debate the bill shall be considered for amendment
under the five-minute rule. All points of order against
provisions in the bill are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions. If the Committee of
the Whole rises and reports that it has come to no resolution
on the bill, then on the next legislative day the House
shall, immediately after the third daily order of business
under clause 1 of rule XIV, resolve into the Committee of the
Whole for further consideration of the bill.
Sec. 7. Clause 1(c) of rule XIX shall not apply to the
consideration of the bill specified in section 8 of this
resolution.
Sec. 8. The text referred to in section 6 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined and Improved
Methods at Polling Locations and Early (SIMPLE) Voting Act of
2013''.
SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR
REDUCING WAITING TIMES FOR VOTERS IN FEDERAL
ELECTIONS.
(a) Requirements for States.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is
amended--
(A) by redesignating sections 304 and 305 as sections 306
and 307; and
(B) by inserting after section 303 the following new
sections:
``SEC. 304. EARLY VOTING.
``(a) In General.--Each State shall allow individuals to
vote in an election for Federal office on each day occurring
during the 15-day period which ends on the second day
immediately preceding the date of the election, in the same
manner as voting is allowed on such date.
``(b) Minimum Early Voting Requirements.--Each polling
place which allows voting prior to the date of a Federal
election pursuant to subsection (a) shall--
``(1) allow such voting for not less than 10 hours on each
day; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public
Transportation.--To the greatest extent practicable, a State
shall ensure that each polling place which allows voting
prior to the date of a Federal election pursuant to
subsection (a) is located within reasonable walking distance
of a stop on a public transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the date scheduled for
a Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice,
to deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack,
or a change in voter turnout.
``(e) Effective Date.--This section shall apply with
respect to elections held on or after January 1, 2014.
``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.
``(a) Preventing Unreasonable Waiting Times.--
``(1) In general.--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) a fair and equitable waiting time for all voters in
the State; and
``(B) that no individual will be required to wait longer
than one hour to cast a ballot at the polling place.
``(2) Criteria.--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:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered since the
most recent Federal election.
``(E) 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.
``(F) The needs and numbers of voters with disabilities and
voters with limited English proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives, referenda,
and other questions on the ballot.
``(I) Such other factors, including relevant demographic
factors relating to the population served by the polling
place, as the State considers appropriate.
``(3) Guidelines.--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.
``(4) Rule of construction.--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.
``(b) Development and Implementation of Contingency
Plans.--
``(1) In general.--Each State shall develop, and implement
to the greatest extent practicable, a contingency plan under
which the State shall provide additional poll workers,
machines, ballots, and other equipment and supplies (as the
case may be) on the date of the election to any polling place
used in an election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, at which waiting times exceed one hour.
``(2) Approval of plan by commission.--The State shall
ensure that the contingency plan developed under paragraph
(1) is approved by the Commission prior to the date of the
election involved, in accordance with such procedures as the
Commission may establish.
[[Page H21]]
``(c) Effective Date.--This section shall apply with
respect to elections held on or after January 1, 2014.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections 304 and
305 as relating to sections 306 and 307; and
(B) by inserting after the item relating to section 303 the
following new items:
``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
(b) Report by Election Assistance Commission.--Not later
than June 30 of each odd-numbered year, the Election
Assistance Commission shall submit to Congress a report
assessing the impact of sections 304 and 305 of the Help
America Vote Act of 2002 (as added by subsection (a)) on the
administration of elections for Federal office during the
preceding 2-year period, and shall include in the report such
recommendations as the Commission considers appropriate.
(c) No Effect on Authority of State to Provide for Longer
Periods of Early Voting or Greater Amount of Resources at
Polling Places.--Nothing in this section or in any amendment
made by this section may be construed to prohibit a State,
with respect to any election for Federal office--
(1) from providing (in an equitable and nondiscriminatory
manner) a longer period for early voting than the minimum
period required under section 304 of the Help America Vote
Act of 2002 (as added by subsection (a)); or
(2) from providing (in an equitable and nondiscriminatory
manner) a greater number of systems, poll workers, and other
election resources at any polling place than the minimum
number required under section 305 of such Act (as added by
subsection (a)).
SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY
STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act
of 2002 (42 U.S.C. 15482) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for
each election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.''.
(b) Conforming Amendment.--Section 302(f) of such Act (42
U.S.C. 15482(f)), as redesignated by subsection (a), is
amended by striking ``Each State'' and inserting ``Except as
provided in subsections (d)(2) and (e)(2), each State''.
SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF
ACTION TO ENFORCE HELP AMERICA VOTE ACT OF
2002.
(a) Availability of Civil Penalties and Private Rights of
Action.--Section 401 of the Help America Vote Act of 2002 (42
U.S.C. 15511) is amended to read as follows:
``SEC. 401. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring a civil
action against any State or jurisdiction in an appropriate
United States District Court for such declaratory and
injunctive relief (including a temporary restraining order, a
permanent or temporary injunction, or other order) as may be
necessary to carry out the requirements of subtitle A of
title III.
``(2) Assessment of civil money penalty.--In a civil action
brought under paragraph (1), if the court finds that the
State or jurisdiction violated any provision of subtitle A of
title III, it may, to vindicate the public interest, assess a
civil penalty against the State or jurisdiction--
``(A) in an amount not to exceed $110,000 for each such
violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each such
violation, for any subsequent violation.
``(3) Intervention.--Upon timely application, a person
aggrieved by a violation of subtitle A of title III with
respect to which a civil action is commenced under paragraph
(1) may intervene in such action, and may obtain such
appropriate relief as the person could obtain in a civil
action under subsection (b) with respect to that violation,
along with costs and a reasonable attorney fee.
``(4) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--
``(1) Availability.--A person who is aggrieved by a State's
or jurisdiction's violation of subtitle A of title III may
bring a civil action in an appropriate United States District
Court for such declaratory or injunctive relief as may be
necessary to carry out the requirements of such subtitle.
``(2) Costs and attorney fees.--The court may award to a
person aggrieved by a violation of subtitle A of title III
who prevails in an action brought under paragraph (1) the
costs of the action, including a reasonable attorney fee.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by amending the item relating to section 401 to
read as follows:
``Sec. 401. Enforcement.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to violations alleged to have
occurred on or after the date of the enactment of this Act.
Mr. GEORGE MILLER of California (during the reading). Madam Speaker,
I ask unanimous consent to dispense with the reading of the motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to commit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to commit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. GEORGE MILLER of California. Madam Speaker, I demand a recorded
vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--yeas 194,
nays 229, not voting 6, as follows:
[Roll No. 5]
YEAS--194
Andrews
Barber
Barrow
Bass
Beatty
Becerra
Bera
Bishop (GA)
Bishop (NY)
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Swalwell (CA)
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NAYS--229
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
[[Page H22]]
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--6
Eshoo
McIntyre
Mulvaney
Pittenger
Speier
Takano
{time} 1639
Messrs. McHENRY and JOYCE changed their vote from ``yea'' to ``nay.''
Mrs. NEGRETE McLEOD changed her vote from ``nay'' to ``yea.''
So the motion to commit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. TANAKO. Mr. Speaker, during rollcall vote No. 5, on the Motion to
commit, I was unavoidably detained. Had I been present, I would have
voted ``yea.''
Stated for:
Mr. PITTENGER. Mr. Speaker, on rollcall No. 5, I was unavoidably
detained. Had I been present, I would have voted ``nay.''
The SPEAKER pro tempore (Mr. Latham). The question is on the
resolution.
