Summary
# EARLY VOTING ACT - PLAIN ENGLISH TRANSLATION
## WHAT THIS BILL DOES
This bill requires every state to allow people to vote in federal elections (elections for Congress and President) during an early voting period that happens before election day. Voters would be able to go to a polling place in person, get a ballot, fill it out and cast it during this early period. The bill changes the Help America Vote Act of 2002 to add these early voting requirements.
## WHO IT AFFECTS
- All state and local election officials
- Voters who want to cast ballots before election day
- Election offices that run polling places
- Jurisdictions that use mail-in voting for all registered voters
- Small jurisdictions with fewer than 3,000 registered voters
- Rural areas and college campuses within election jurisdictions
## KEY PROVISIONS
- States must allow voters to vote in person during an early voting period starting either 15 days before the election or earlier, and ending no earlier than 2 days before the election (Sec. 304(b)(1)(A))
- Polling places during early voting must stay open at least 10 hours each day with uniform hours, and must have some hours before 9:00 a.m. and some hours after 5:00 p.m. local time (Sec. 304(b)(1)(B))
- Jurisdictions that mail ballots to all registered voters must offer early voting that includes at least one full Saturday and Sunday, with at least 8 hours available on those weekend days (Sec. 304(b)(2))
- To the greatest extent possible, polling places during early voting must be located within walking distance of public transportation stops and in rural areas and college campuses (Sec. 304(c))
- States may begin processing and scanning early voting ballots starting 14 days before the election, but cannot announce results before polls close on election day (Sec. 304(e))
## WHAT CHANGES
States will need to create early voting periods lasting roughly two weeks before each federal election. Polling places must offer specific hours including early morning and evening times. States with mail-in voting systems face different requirements focused on weekend access. Small jurisdictions with fewer than 3,000 registered voters can use modified rules. Election officials must place early voting locations thoughtfully near transportation, in rural communities and on college campuses.
## IMPORTANT DEFINITIONS
- **Federal office**: elections for Congress and President (stated in bill text)
- **Early voting period**: consecutive days including weekends occurring before the election date when voters can vote in person (stated in bill text)
- **Vote-by-mail jurisdiction**: a jurisdiction that sends every registered voter a ballot by mail (stated in bill text)
- **Rural area**: Not defined in bill text
- **College campus**: referenced but not formally defined in bill text
## EFFECTIVE DATE
This section applies starting with the general election for federal office in November 2024 and all federal elections after that (Sec. 304(f))
I
118TH CONGRESS
1ST SESSION H. R. 1295
To amend the Help America Vote Act of 2002 to allow individuals to vote
in an election for Federal office during an early voting period which
occurs prior to the date of the election, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. GOLDMAN of New York introduced the following bill; which was referred
to the Committee on House Administration
A BILL
To amend the Help America Vote Act of 2002 to allow
individuals to vote in an election for Federal office during
an early voting period which occurs prior to the date
of the election, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Early Voting Act’’.
4
SEC. 2. EARLY VOTING.
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(a) REQUIREMENTS.—Subtitle A of title III of the
6
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.)
7
is amended—
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•HR 1295 IH
(1) by redesignating sections 304 and 305 as
1
sections 305 and 306; and
2
(2) by inserting after section 303 the following
3
new section:
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‘‘SEC. 304. EARLY VOTING.
5
‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC-
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TION.—Each State shall allow individuals to vote in an
7
election for Federal office during an early voting period
8
which occurs prior to the date of the election, in a manner
9
that allows the individual to receive, complete, and cast
10
their ballot in-person.
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‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—
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‘‘(1) IN GENERAL.—
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‘‘(A) LENGTH OF PERIOD.—The early vot-
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ing period required under this subsection with
15
respect to an election shall consist of a period
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of consecutive days (including weekends) which
17
begins on the 15th day before the date of the
18
election (or, at the option of the State, on a day
19
prior to the 15th day before the date of the
20
election) and ends no earlier than the second
21
day before the date of the election.
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‘‘(B) HOURS FOR EARLY VOTING.—Each
23
polling place which allows voting during an
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early voting period under subparagraph (A)
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shall—
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‘‘(i) allow such voting for no less than
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10 hours on each day during the period;
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‘‘(ii) have uniform hours each day for
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which such voting occurs; and
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‘‘(iii) allow such voting to be held for
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some period of time prior to 9:00 a.m
8
(local time) and some period of time after
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5:00 p.m. (local time).
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‘‘(2) REQUIREMENTS FOR VOTE-BY-MAIL JURIS-
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DICTIONS.—In the case of a jurisdiction that sends
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every registered voter a ballot by mail—
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‘‘(A) paragraph (1) shall not apply;
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‘‘(B) such jurisdiction shall allow eligible
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individuals to vote during an early voting period
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that ensures voters are provided the greatest
17
opportunity to cast ballots ahead of election day
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and which includes at least one consecutive Sat-
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urday and Sunday; and
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‘‘(C) each polling place which allows voting
21
during an early voting period under subpara-
22
graph (B) shall allow such voting—
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‘‘(i) during the election office’s reg-
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ular business hours; and
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•HR 1295 IH
‘‘(ii) for a period of not less than 8
1
hours on Saturdays and Sundays included
2
in the early voting period.
3
‘‘(3) REQUIREMENTS
FOR
SMALL
JURISDIC-
4
TIONS.—
5
‘‘(A) IN GENERAL.—In the case of a juris-
6
diction described in subparagraph (B), para-
7
graph (1)(B) shall not apply so long as all eligi-
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ble individuals in the jurisdiction have the op-
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portunity to vote—
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‘‘(i) at each polling place which allows
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voting during the early voting period de-
12
scribed in paragraph (1)(A)—
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‘‘(I) during the election office’s
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regular business hours; and
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‘‘(II) for a period of not less than
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8 hours on at least one Saturday and
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at least one Sunday included in the
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early voting period; or
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‘‘(ii) at one or more polling places in
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the county in which such jurisdiction is lo-
21
cated that allows voting during the early
22
voting period described in paragraph
23
(1)(A) in accordance with the requirements
24
under paragraph (1)(B).
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‘‘(B) JURISDICTION DESCRIBED.—A juris-
1
diction is described in this subparagraph if such
2
jurisdiction—
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‘‘(i) had less than 3,000 registered
4
voters at the time of the most recent prior
5
election for Federal office; and
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‘‘(ii) consists of a geographic area
7
that is smaller than the jurisdiction of the
8
county in which such jurisdiction is lo-
9
cated.
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‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
11
this subsection shall be construed—
12
‘‘(A) to limit the availability of additional
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temporary voting sites which provide voters
14
more opportunities to cast their ballots but
15
which do not meet the requirements of this sub-
16
section;
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‘‘(B) to limit a polling place from being
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open for additional hours outside of the uniform
19
hours set for the polling location on any day of
20
the early voting period; or
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‘‘(C) to limit a State or jurisdiction from
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offering early voting on the Monday before elec-
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tion day.
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‘‘(c) LOCATION OF POLLING PLACES.—
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‘‘(1)
PROXIMITY
TO
PUBLIC
TRANSPOR-
1
TATION.—To the greatest extent practicable, each
2
State and jurisdiction shall ensure that each polling
3
place which allows voting during an early voting pe-
4
riod under subsection (b) is located within walking
5
distance of a stop on a public transportation route.
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‘‘(2) AVAILABILITY IN RURAL AREAS.—In the
7
case of a jurisdiction that includes a rural area, the
8
State or jurisdiction shall—
9
‘‘(A) ensure that polling places which allow
10
voting during an early voting period under sub-
11
section (b) will be located in such rural areas;
12
and
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‘‘(B) ensure that such polling places are lo-
14
cated in communities which will provide the
15
greatest opportunity for residents of rural areas
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to vote during the early voting period.
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‘‘(3) COLLEGE CAMPUSES.—In the case of a ju-
18
risdiction that includes an institution of higher edu-
19
cation, the State or jurisdiction shall—
20
‘‘(A) ensure that an appropriate number
21
(not less than one) of polling places which allow
22
voting during the early voting period under sub-
23
section (b) will be located on each branch cam-
24
pus of the institution of higher education; and
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•HR 1295 IH
‘‘(B) ensure that such polling places pro-
1
vide the greatest opportunity for residents of
2
the jurisdiction to vote.
3
‘‘(d) STANDARDS.—Not later than June 30, 2024,
4
the Commission shall issue voluntary standards for the ad-
5
ministration of voting during voting periods which occur
6
prior to the date of a Federal election. Subject to sub-
7
section (c), such voluntary standards shall include the
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nondiscriminatory geographic placement of polling places
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at which such voting occurs.
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‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE-
11
MENTS.—
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‘‘(1) IN GENERAL.—Each State or jurisdiction
13
shall begin processing and scanning ballots cast dur-
14
ing in-person early voting for tabulation not later
15
than the date that is 14 days prior to the date of
16
the election involved, except that a State or jurisdic-
17
tion may begin processing and scanning ballots cast
18
during in-person early voting for tabulation after
19
such date if the date on which the State or jurisdic-
20
tion begins such processing and scanning ensures, to
21
the greatest extent practical, that ballots cast before
22
the date of the election are processed and scanned
23
before the date of the election.
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‘‘(2) LIMITATION.—Nothing in this subsection
1
shall be construed—
2
‘‘(A) to permit a State or jurisdiction to
3
tabulate ballots in an election before the closing
4
of the polls on the date of the election unless
5
such tabulation is a necessary component of
6
preprocessing in the State or jurisdiction and is
7
performed in accordance with existing State
8
law; or
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‘‘(B) to permit an official to make public
10
any results of tabulation and processing before
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the closing of the polls on the date of the elec-
12
tion.
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‘‘(f) EFFECTIVE DATE.—This section shall apply
14
with respect to the regularly scheduled general election for
15
Federal office held in November 2024 and each succeeding
16
election for Federal office.’’.
17
(b)
CONFORMING
AMENDMENT
RELATING
TO
18
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
19
SISTANCE COMMISSION.—Section 311(b) of such Act (52
20
U.S.C. 21101(b)) is amended—
21
(1) by striking ‘‘and’’ at the end of paragraph
22
(2);
23
(2) by striking the period at the end of para-
24
graph (3) and inserting ‘‘; and’’; and
25
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•HR 1295 IH
(3) by adding at the end the following new
1
paragraph:
2
‘‘(4) in the case of the recommendations with
3
respect to section 304, June 30, 2024.’’.
4
(c) CONFORMING AMENDMENT RELATING TO EN-
5
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111)
6
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and
7
304’’.
8
(d) CLERICAL AMENDMENT.—The table of contents
9
of such Act is amended—
10
(1) by redesignating the items relating to sec-
11
tions 304 and 305 as relating to sections 305 and
12
306; and
13
(2) by inserting after the item relating to sec-
14
tion 303 the following new item:
15
‘‘Sec. 304. Early voting.’’.
Æ
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