POLL Act
- Sponsor
- Rep. Williams, Nikema [D-GA-5]
- Committees
- Committee on House Administration (primary)
- Last action
- Aug 5, 2025
Bottom line
The POLL Act aims to reduce voter wait times and enhance equitable access to federal elections through federal standards, funding, and enforcement mechanisms, while also addressing potential conflicts of interest for top election administrators.
What it actually does
This bill, known as the People Over Long Lines Act (POLL Act), amends the Help America Vote Act of 2002 to mandate that no voter in a federal election waits more than 30 minutes to cast a ballot. It requires states to submit plans to achieve this goal, establishes federal standards for minimum voting resources, prohibits chief state election officials from active political campaigning in elections they supervise, and authorizes $500 million annually in payments to states to help meet these requirements.
Proponents argue
Proponents argue that the bill is essential to protect the fundamental right to vote, address documented racial disparities in voter wait times, and strengthen democratic participation by removing barriers that disproportionately affect communities of color, disabled, young, elderly, and low-income Americans. They contend that federal intervention and funding are necessary to ensure consistent and equitable election administration nationwide.
Opponents contend
Opponents may contend that the bill represents an undue federal intrusion into state election administration, which is traditionally managed at the state and local levels. They might raise concerns about the administrative burden on states, the potential for the private right of action to lead to excessive litigation against election officials, and the possibility that the federal funding, while substantial, may not fully cover all compliance costs.
The bill is relatively short and clearly structured, making it accessible for an informed reader to evaluate its provisions within a reasonable timeframe.
Section 3(a), new Section 305(a) of HAVA
State Plans for Equitable and Timely Voting
This provision requires each state to publicly disclose and submit a written plan to the Election Assistance Commission (EAC) 60 days before each federal election. The plan must detail measures to ensure equitable waiting times for all voters, including those with disabilities, and aim for a waiting time of less than 30 minutes at any polling place. States must also provide public notice and allow for comments on a preliminary version of their plan.
Supporters argue
Proponents argue this provision fosters proactive planning and transparency, ensuring states are held accountable for addressing voter wait times before elections occur.
Critics contend
Opponents may argue this adds an unnecessary layer of bureaucracy and administrative burden on state election officials, potentially diverting resources from direct election operations.
Tradeoffs
This provision balances the desire for federal oversight and accountability with concerns about state autonomy and administrative burden.
Section 3(a), new Section 305(b) of HAVA
Prohibition on Unreasonable Voter Waiting Times
This section establishes a clear federal standard: no person voting in an election for Federal office shall wait for more than 30 minutes at any polling place to cast a vote. This sets a direct, measurable benchmark for election administration.
Section 3(a), new Section 305(c) of HAVA
Remedial Plans for Jurisdictions with Excessive Wait Times
After each federal election, the EAC must review voter waiting times and report its findings. If the Commission determines that a jurisdiction had a substantial number of voters waiting over 60 minutes or violated resource standards, the Attorney General will establish a remedial plan for that jurisdiction. These plans aim to improve resource allocation and reduce wait times, with coordination between the EAC, Attorney General, and the state. A jurisdiction can exit the remedial plan if wait times are below 60 minutes for two consecutive general elections. $5 million is authorized annually for the EAC to carry out these duties.
Section 3(b), new Section 403 of HAVA
Private Right of Action for Unreasonable Voter Waiting Time
This section creates a private right of action, allowing any person aggrieved by a violation of the 30-minute wait time standard (Section 305(b)) to file a civil action in federal court. If a violation is found, the court must assess a civil penalty of $50, plus an additional $50 for each additional hour waited, along with reasonable attorney fees and costs. If the violation is determined to be intentional or made with reckless disregard, the penalties increase to $650 plus $150 for each additional hour.
Section 4(a)(1), new Section 321 of HAVA
Minimum Required Voting Systems and Poll Workers
This section mandates that each state must provide a minimum required number of voting systems, poll workers, and other election resources (including physical resources) for every voting site on federal election days and during early voting periods. These minimums are to be determined by standards issued by the Attorney General under new Section 299. This requirement becomes effective on January 1, 2027.
Section 4(b)(1), new Section 299 of HAVA
Standards for Minimum Required Voting Systems and Poll Workers
Within six months of the POLL Act's enactment, the Attorney General (through the Civil Rights Division and in consultation with the EAC) must issue standards for the minimum number of voting systems, poll workers, and other election resources. These standards must ensure uniform and nondiscriminatory distribution, considering factors like voting-age population, past turnout, registered voters, census data, educational levels, socio-economic factors, and the needs of disabled and limited English proficient voters. The goal is to ensure equal waiting times and prevent waits over 30 minutes. A special rule requires at least one paper poll book for each electronic poll book used at a voting site.
Section 5(a), new Section 319A of the Federal Election Campaign Act of 1971
Prohibition on Campaign Activities by Chief State Election Administration Officials
This section makes it unlawful for a chief State election administration official (the highest state official responsible for federal elections) to actively participate in political management or campaigns for any federal election they supervise. 'Active part' includes serving on a candidate committee, using official authority to influence an election, or soliciting contributions. An exception is made if the official or an immediate family member is a candidate, provided the official recuses themselves from all administrative responsibilities for that election and the supervising official does not report directly to them. This takes effect January 1, 2027.
Section 6(a), new Part VII, Section 297 of HAVA
Payments to States to Prevent Unreasonable Wait Times
This section authorizes $500,000,000 to be appropriated annually for payments to eligible states. States qualify by filing a plan with the EAC describing how they will use the funds to meet the requirements of Section 305 (unreasonable voter waiting times) and Section 321 (minimum required voting systems and poll workers). Payments are allocated based on a minimum amount for each state/territory plus a proportion of the state's voting-age population. Funds remain available until expended.
The bill amends Title III of the Help America Vote Act of 2002 (HAVA), specifically noting that it is 'as amended by section 2(a) of the COCOA Act of 2024'.
Section 3(a)
Why it matters:This is standard legislative practice to build upon existing statutory frameworks and incorporate prior amendments, rather than restating the entire amended text.
Case for: Streamlines legislative drafting and ensures consistency with the current state of law.
Case against: Requires readers to consult external legal documents to fully grasp the complete statutory context being modified.
Estimated impact: The full scope of the amendments to HAVA's Title III, particularly regarding the numbering of sections, depends on the content of the COCOA Act.
The term 'jurisdiction' for purposes of remedial plans is defined by reference to 'registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
Section 3(a), new Section 305(c)(3) of HAVA
Why it matters:This is standard legislative practice to maintain consistency in definitions across related federal election laws.
Case for: Ensures legal consistency and avoids redundant definitions, leveraging existing legal frameworks.
Case against: Requires additional legal research for a reader to fully understand which specific governmental entities are subject to the remedial plan provisions.
Estimated impact: Clarifies the specific governmental units (e.g., counties, cities) that would be subject to federal remedial plans for excessive voter wait times.
The bill establishes different effective dates for various key provisions: 180 days after enactment for the unreasonable voter waiting times provisions (Sec. 3), January 1, 2027, for the minimum required voting systems and poll workers (Sec. 4), and January 1, 2027, for the prohibition on campaign activities by chief state election administration officials (Sec. 5).
Section 3(e), Section 4(a)(1) (new Section 321(c)), Section 5(b)
Why it matters:This allows for a phased implementation approach, giving states and agencies varying amounts of time to prepare for different sets of requirements, which is a common legislative practice for complex bills.
Case for: Provides reasonable lead time for states and officials to adapt to new regulations and secure necessary resources, promoting smoother implementation.
Case against: The dispersed nature of effective dates could lead to confusion or oversight regarding when specific provisions become legally binding.
Estimated impact: Determines the timeline for when states must comply with the new federal mandates and when the new prohibitions and enforcement mechanisms take effect.