; and (B) be available in each language for which other ballots provided at the polling place are available. (3) Disposition of ballot Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot. . (b) Private right of action Title IV of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 et seq. ) is amended by adding at the end the following new section: 403. Private right of action for unreasonable voter waiting time (a) In general In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. (b) Relief In any civil action commenced under subsection (a): (1) In general If the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum of— (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 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 304— (A) paragraph (1)(A) shall be applied by substituting $650 for $50 ; and (B) paragraph (1(B) shall be applied by substituting $150 for $50 . . (c) Conforming amendment Section 202 of such Act ( 52 U.S.C. 20922 ) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: (5) carrying out the duties described in section 304(c)