American Confidence in Elections Act or the ACE Act
This bill addresses election administration and security, campaign finance, and other related provisions.
Specifically, the bill directs the Election Assistance Commission's (EAC's) Standards Board and Local Leadership Council to issue voluntary considerations for states about various aspects of election administration.
Additionally, the bill
The bill also establishes the Twentieth Amendment Section Four Panel, which must recommend to Congress model legislation to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election.
The bill makes changes to campaign finance, including by (1) repealing limits on coordinated party expenditures, and (2) prohibiting federal funds from being used to make payments in support of a congressional election campaign. It also makes changes to the Federal Election Commission.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4563 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4563
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, equipping States with tools for,
and establishing voluntary considerations to support effective State
administration of Federal elections, improving election administration
in the District of Columbia, improving the effectiveness of military
voting programs, enhancing election security, and protecting political
speech, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Mr. Steil (for himself, Mr. Tiffany, Mr. Gimenez, Mr. Wittman, Mr.
Carey, Ms. Tenney, Mr. Valadao, Mr. Bost, Mr. Van Orden, Mr. Graves of
Louisiana, Mr. Reschenthaler, Mr. Grothman, Mr. Smith of New Jersey,
Mr. Guest, Mr. Calvert, Mr. Ellzey, Mrs. Boebert, Ms. Greene of
Georgia, Mr. Timmons, Mr. LaTurner, Mr. Lawler, Mr. Griffith, Mr.
Bucshon, Mr. Collins, Mr. Mooney, Mr. Fry, Mr. D'Esposito, Mr. Cline,
Mr. Johnson of Louisiana, Ms. Lee of Florida, Mrs. Bice, Mr. Johnson of
South Dakota, Mr. Amodei, Ms. Stefanik, Mr. Moran, Mr. Buchanan, Mr.
Hudson, Mr. Loudermilk, Mr. Thompson of Pennsylvania, Mr. Murphy, Mr.
Carter of Georgia, Mrs. Hinson, Mr. Scalise, Mr. DesJarlais, Mr.
Edwards, Mr. Latta, Mr. Kustoff, Mr. Stauber, Mrs. Houchin, Mr. Moylan,
Mr. LaLota, Mr. Jackson of Texas, Mr. C. Scott Franklin of Florida, Mr.
Alford, Mr. Graves of Missouri, Mr. Crenshaw, Ms. Mace, Mr. Moolenaar,
Ms. Foxx, Mr. Gooden of Texas, Mr. Tony Gonzales of Texas, Mr. Hill,
Mrs. Rodgers of Washington, Mrs. Harshbarger, Mr. Smucker, Mr.
Wenstrup, Mr. Rouzer, Mr. LaMalfa, Mr. Williams of Texas, Mr. Pfluger,
Mr. McCarthy, Mr. Balderson, Mrs. McClain, Mr. Babin, Mr. Mike Garcia
of California, Mr. Cole, Mrs. Wagner, Ms. Granger, Mr. Fleischmann, Mr.
Strong, Mr. Baird, Mr. Crawford, Mr. McClintock, Mrs. Miller of West
Virginia, Mr. Miller of Ohio, Mrs. Miller of Illinois, Mr. Moore of
Alabama, Mr. Feenstra, Mr. Mills, Mr. Carl, Mr. Austin Scott of
Georgia, Mr. Langworthy, Mr. Zinke, Mr. Kelly of Pennsylvania, Mr.
Aderholt, Mr. Carter of Texas, Mr. Newhouse, Mrs. Fischbach, Mr. Bean
of Florida, Mrs. Miller-Meeks, and Mr. Westerman) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on the Judiciary,
Ways and Means, Science, Space, and Technology, Intelligence (Permanent
Select), Homeland Security, Education and the Workforce, Financial
Services, Oversight and Accountability, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, equipping States with tools for,
and establishing voluntary considerations to support effective State
administration of Federal elections, improving election administration
in the District of Columbia, improving the effectiveness of military
voting programs, enhancing election security, and protecting political
speech, and for other purposes.
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 ``American Confidence in Elections
Act'' or the ``ACE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. General findings.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to State Administration of Federal
Elections
Sec. 101. Findings Relating to State Administration of Federal
Elections.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Election integrity voluntary considerations and Federal forum
for State information sharing.
Subtitle C--Requirements to Promote Integrity in Election
Administration
Sec. 121. Ensuring only eligible American citizens may participate in
Federal elections.
Sec. 122. State reporting requirements with respect to voter list
maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools
for State use.
Sec. 125. Mandatory provision of identification for certain voters not
voting in person.
Sec. 126. Confirming access for Congressional election observers.
Sec. 127. Use of requirements payments for post-election audits.
Sec. 128. Increase in threshold for requiring information reporting
with respect to certain payees.
Sec. 129. Voluntary guidelines with respect to nonvoting election
technology.
Sec. 130. Status reports by National Institute of Standards and
Technology.
Sec. 131. 501(c)(3) organizations prohibited from providing direct or
indirect funding for election
administration.
Sec. 132. Federal agency involvement in voter registration activities.
Sec. 133. Prohibition on use of Federal funds for election
administration in States that permit ballot
harvesting.
Sec. 134. Clarification with respect to Federal election record-keeping
requirement.
Sec. 135. Clarification of rules with respect to hiring of election
workers.
Sec. 136. State assistance in assigning mailing addresses with respect
to Tribal Governments.
Sec. 137. State defined.
Sec. 138. Voter registration for applicants without driver's license or
social security number.
Sec. 139. GAO study on domestic manufacturing and assembly of voting
equipment.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
Sec. 141. Short title.
Sec. 142. Statement of congressional authority; findings.
Sec. 143. Requirements for elections in District of Columbia.
Sec. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022.
Sec. 145. Effective date.
Subtitle E--Administration of the Election Assistance Commission
Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election
Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the
Election Assistance Commission.
Sec. 154. General requirements for payments made by Election Assistance
Commission.
Sec. 155. Executive Board of the Standards Board authority to enter
into contracts.
Sec. 156. Election Assistance Commission primary role in election
administration assistance.
Sec. 157. Clarification of the duties of the Election Assistance
Commission.
Sec. 158. Election Assistance Commission powers.
Sec. 159. Membership of the Local Leadership Council.
Sec. 160. Rule of construction.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
Sec. 161. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Sec. 162. Prohibiting providing assistance to foreign nationals in
making contributions or donations in
connection with elections.
Sec. 163. Prohibition on contributions by foreign nationals to certain
tax-exempt entities.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
TITLE II--MILITARY VOTING ADMINISTRATION
Sec. 200. Short title.
Subtitle A--Findings Relating to Military Voting
Sec. 201. Findings relating to military voting.
Subtitle B--GAO Analysis on Military Voting Access
Sec. 211. Government Accountability Office report on implementation of
Uniformed and Overseas Citizens Absentee
Voting Act and improving access to voter
registration information and assistance for
absent uniformed services voters.
TITLE III--FIRST AMENDMENT PROTECTION ACT
Sec. 300. Short title.
Subtitle A--Protecting Political Speech and Freedom of Association
Part 1--Protecting Political Speech
Sec. 301. Findings.
Sec. 302. Repeal of limits on coordinated political party expenditures.
Sec. 303. Repeal of limit on aggregate contributions by individuals.
Sec. 304. Equalization of contribution limits to State and national
political party committees.
Sec. 305. Expansion of permissible Federal election activity by State
and local political parties.
Sec. 306. Participation in joint fundraising activities by multiple
political committees.
Part 2--Protecting Freedom of Association
Sec. 307. Findings.
Sec. 308. Protecting privacy of donors to tax-exempt organizations.
Sec. 309. Reporting requirements for tax-exempt organizations.
Sec. 310. Maintenance of standards for determining eligibility of
section 501(c)(4) organizations.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
Sec. 311. Prohibiting use of Federal funds for payments in support of
congressional campaigns.
Subtitle C--Registration and Reporting Requirements
Sec. 321. Electronic filing of electioneering communication reports.
Sec. 322. Increased qualifying threshold and establishing purpose for
political committees.
Sec. 323. Increased threshold with respect to independent expenditure
reporting requirement.
Sec. 324. Increased qualifying threshold with respect to candidates.
Sec. 325. Repeal requirement of persons making independent expenditures
to report identification of certain donors.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
Sec. 331. Increased threshold for exemption of certain amounts as
contributions.
Sec. 332. Exemption of uncompensated internet communications from
treatment as contribution or expenditure.
Sec. 333. Media exemption.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
Sec. 341. Prohibition on issuance of regulations on Political
Contributions.
Subtitle F--Miscellaneous Provisions
Sec. 351. Permanent extension of fines for qualified disclosure
requirement violations.
Sec. 352. Permitting political committees to make disbursements by
methods other than check.
Sec. 353. Designation of individual authorized to make campaign
committee disbursements in event of death
of candidate.
Sec. 354. Prohibiting aiding or abetting making of contributions in
name of another.
Sec. 355. Unanimous consent of Commission members required for
Commission to refuse to defend actions
brought against Commission.
Sec. 356. Federal Election Commission member pay.
Sec. 357. Uniform statute of limitations for proceedings to enforce
Federal Election Campaign Act of 1971.
Sec. 358. Theft from political committee as a Federal crime.
Sec. 359. Repeal of obsolete provisions of law.
Sec. 360. Deadline for promulgation of proposed regulations.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
Sec. 401. Short title.
Sec. 402. Reports to Congress on foreign threats to elections.
Sec. 403. Rule of construction.
Subtitle B--Cybersecurity for Election Systems
Sec. 411. Cybersecurity advisories relating to election systems.
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities
in election equipment.
Sec. 413. Duty of Secretary of Homeland Security to notify State and
local officials of election cybersecurity
incidents.
TITLE V--CONGRESSIONAL REDISTRICTING
Sec. 501. Sense of Congress on authority to establish maps of
congressional districts.
Sec. 502. Authority for Speaker of the House to join certain civil
actions relating to apportionment.
Sec. 503. Census Monitoring Board.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
Sec. 601. Termination of the Disinformation Governance Board.
Sec. 602. Prohibition on funding similar board or similar activities.
TITLE VII--SEVERABILITY
Sec. 701. Severability.
SEC. 3. GENERAL FINDINGS.
Congress finds the following:
(1) According to article 1, section 4 of the Constitution
of the United States, the States have the primary role in
establishing ``(t)he Times, Places and Manners of holding
Elections for Senators and Representatives'', while Congress
has a purely secondary role in this space and must restrain
itself from acting improperly and unconstitutionally.
(2) Federal election legislation should never be the first
step and must never impose burdensome, unfunded Federal
mandates on State and local elections officials. When Congress
does speak, it must devote its efforts only to resolving highly
significant and substantial deficiencies to ensure the
integrity of our elections. State legislatures are the primary
venues to establish rules for governing elections and correct
most issues.
(3) All eligible American voters who wish to participate
must have the opportunity to vote, and all lawful votes must be
counted.
(4) States must balance appropriate election administration
structures and systems with accessible access to the ballot
box.
(5) Political speech is protected speech.
(6) The First Amendment protects the right of all Americans
to state their political views and donate money to the
candidates, causes, and organizations of their choice without
fear of retribution.
(7) Redistricting decisions are best made at the State
level.
(8) States must maintain the flexibility to determine the
best redistricting processes for the particular needs of their
citizens.
(9) Congress has independent authority under the
Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments to ensure elections are conducted without
unlawful discrimination.
(10) The Civil Rights Act and the Voting Rights Act, which
are not anchored in article 1, section 4 of the Constitution,
have seen much success since their passage in 1964 and 1965,
and Congress should continue to exercise its constitutional
authority in this space as appropriate.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to State Administration of Federal
Elections
SEC. 101. FINDINGS RELATING TO STATE ADMINISTRATION OF FEDERAL
ELECTIONS.
(a) Sense of Congress.--It is the sense of Congress that
constitutional scholar Robert Natelson has done invaluable work with
respect to the history and understanding of the Elections Clause.
(b) Findings.--Congress finds the following:
(1) The Constitution reserves to the States the primary
authority and the duty to set election legislation and
administer elections--the ``times, places, and manner of
holding of elections''--and Congress' power in this space is
purely secondary to the States' power and is to be employed
only in the direst of circumstances. History, precedent, the
Framers' words, debates concerning ratification, the Supreme
Court, and the Constitution itself make it exceedingly clear
that Congress' power over elections is not unfettered.
(2) The Framing Generation grappled with the failure of the
Articles of Confederation, which provided for only a weak
national government incapable of preserving the Union. Under
the Articles, the States had exclusive authority over Federal
elections held within their territory; but, given the
difficulties the national government had experienced with State
cooperation (e.g., the failure of Rhode Island to send
delegates to the Confederation Congress), the Federalists,
including Alexander Hamilton, were concerned with the
possibility that the States, in an effort to destroy the
Federal government, simply might not hold elections or that an
emergency, such as an invasion or insurrection, might prevent
the operation of a State's government, leaving the Congress
without Members and the Federal government unable to respond.
(3) Quite plainly, Alexander Hamilton, a leading Federalist
and proponent of our Constitution, understood the Elections
Clause as serving only as a sort of emergency fail-safe, not as
a cudgel used to nationalize our elections process. Writing as
Publius to the people of New York, Hamilton further expounds on
the correct understanding of the Elections Clause: ``T[he]
natural order of the subject leads us to consider, in this
place, that provision of the Constitution which authorizes the
national legislature to regulate, in the last resort, the
election of its own members.''. Alexander Hamilton (writing as
Publius), Federalist no. 59, Concerning the Power of Congress
to Regulate the Election of Members, N.Y. PACKET (Fri., Feb.
22, 1788).
(4) When questioned at the States' constitutional ratifying
conventions with respect to this provision, the Federalists
confirmed this understanding of a constitutionally limited,
secondary congressional power under article 1, section 4.
(``[C]onvention delegate James McHenry added that the risk to
the federal government [without a fail-safe provision] might
not arise from state malice: An insurrection or rebellion might
prevent a state legislature from administering an election.'');
(``An occasion may arise when the exercise of this ultimate
power of Congress may be necessary . . . if a state should be
involved in war, and its legislature could not assemble, (as
was the case of South Carolina and occasionally of some other
states, during the [Revolutionary] war).''); (``Sir, let it be
remembered that this power can only operate in a case of
necessity, after the factious or listless disposition of a
particular state has rendered an interference essential to the
salvation of the general government.''). See Robert G.
Natelson, The Original Scope of the Congressional Power to
Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov.
2010).
(5) John Jay made similar claims in New York. And, as
constitutional scholar Robert Natelson notes in his invaluable
article, The Original Scope of the Congressional Power to
Regulate Elections, ``Alexander Contee Hanson, a member of
Congress whose pamphlet supporting the Constitution proved
popular, stated flatly that Congress would exercise its times,
places, and manner authority only in cases of invasion,
legislative neglect or obstinate refusal to pass election laws
[providing for the election of Members of Congress], or if a
state crafted its election laws with a `sinister purpose' or to
injure the general government.'' Cementing his point, Hanson
goes further to decree, ``The exercise of this power must at
all times be so very invidious, that congress will not venture
upon it without some very cogent and substantial reason.''.
Alexander Contee Hanson (writing as Astrides), Remarks on the
Proposed Plan: 31 January, reprinted in John P. Kaminski,
Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries
on the Constitution, public and private 18 December 1787 to 31
January 1788, 522-26 (1984).
(6) In fact, had the alternate view of the Elections Clause
been accepted at the time of the Constitution's drafting--that
is, that it offers Congress unfettered power over Federal
elections--it is likely that the Constitution would not have
been ratified or that an amendment to this language would have
been required.
(7) Indeed, at least seven of the original 13 States--over
half and enough to prevent the Constitution from being
ratified--expressed specific concerns with the language of the
Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph
Gales (ed.) (1834). However, ``[l]eading Federalists . . .''
assured them ``. . . that, even without amendment, the
[Elections] Clause should be construed as limited to
emergencies''. Three States, New York, North Carolina, and
Rhode Island, specifically made their ratification contingent
on this understanding being made express. Ratification of the
Constitution by the State of New York (July 26, 1788) (``Under
these impressions and declaring that the rights aforesaid
cannot be abridged or violated, and the Explanations aforesaid
are consistent with the said Constitution, And in confidence
that the Amendments which have been proposed to the said
Constitution will receive early and mature Consideration: We
the said Delegates, in the Name and in [sic] the behalf of the
People of the State of New York Do by these presents Assent to
and Ratify the said Constitution. In full Confidence . . . that
the Congress will not make or alter any Regulation in this
State respecting the times places and manner of holding
Elections for Senators or Representatives unless the
Legislature of this State shall neglect or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same, and that in those cases such
power will only be exercised until the Legislature of this
State shall make provision in the Premises''); Ratification of
the Constitution by the State of North Carolina (Nov. 21, 1789)
(``That Congress shall not alter, modify, or interfere in the
times, places, or manner of holding elections for senators and
representatives, or either of them, except when the legislature
of any state shall neglect, refuse or be disabled by invasion
or rebellion, to prescribe the same.''); Ratification of the
Constitution by the State of Rhode Island (May 29, 1790)
(``Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the
explanations aforesaid, are consistent with the said
constitution, and in confidence that the amendments hereafter
mentioned, will receive an early and mature consideration, and
conformably to the fifth article of said constitution, speedily
become a part thereof; We the said delegates, in the name, and
in [sic] the behalf of the People, of the State of Rhode-Island
and Providence-Plantations, do by these Presents, assent to,
and ratify the said Constitution. In full confidence . . . That
the Congress will not make or alter any regulation in this
State, respecting the times, places and manner of holding
elections for senators and representatives, unless the
legislature of this state shall neglect, or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same; and that [i]n those cases, such
power will only be exercised, until the legislature of this
State shall make provision in the Premises[.]'').
(8) Congress finds that the Framers designed and the
ratifying States understood the Elections Clause to serve
solely as a protective backstop to ensure the preservation of
the Federal Government, not as a font of limitless power for
Congress to wrest control of Federal elections from the States.
(9) This understanding was also reinforced by debate during
the first Congress that convened under the Constitution where
Representative Aedanus Burke proposed a constitutional
amendment to limit the Times, Places and Manner Clause to
emergencies. Although the amendment failed, those on both sides
of the Burke amendment debate already understood the Elections
Clause to limit Federal elections power to emergencies.
(10) History clearly shows that even in the first Congress
that convened under the Constitution, it was acknowledged and
understood through the debates that ensued over the Elections
Clause provision that Congress' control over elections is
limited.
(11) Similarly, proponent Representative Smith of South
Carolina also believed the original text of the Elections
Clause already limited the Federal Government's power over
Federal elections to emergencies and so thought there would be
no harm in supporting an amendment to make that language
express. Annals of Congress 801 (1789) Joseph Gales Edition. A
Century of Lawmaking for a New Nation: U.S. Congressional
Documents and Debates, 1774-1875 (loc.gov). So, even the
records of the First Congress reflect a recognition of the
emergency nature of congressional power over Federal elections.
(12) Similarly, the Supreme Court has supported this
understanding. In Smiley v. Holm, the Court held that article
1, section 4 of the Constitution reserved to the States the
primary ``. . . authority to provide a complete code for
congressional elections, not only as to times and places, but
in relation to notices, registration, supervision of voting,
protection of voters, prevention of fraud and corrupt
practices, counting of votes, duties of inspectors and
canvassers, and making and publication of election returns; in
short, to enact the numerous requirements as to procedure and
safeguards which experience shows are necessary in order to
enforce the fundamental right involved. And these requirements
would be nugatory if they did not have appropriate sanctions in
the definition of offenses and punishments. All this is
comprised in the subject of `times, places and manner of
holding elections', and involves lawmaking in its essential
features and most important aspect.''. Smiley v. Holm, 285 U.S.
355, 366 (1932).
(13) This holding is consistent with the understanding of
the Elections Clause since the framing of the Constitution. The
Smiley Court also held that while Congress maintains the
authority to ``. . . supplement these state regulations or [to]
substitute its own[]'', such authority remains merely ``a
general supervisory power over the whole subject.''. Id.
(14) More recently, the Court noted in Arizona v. Inter-
Tribal Council of Ariz., Inc. that ``[t]his grant of
congressional power [that is, the fail-safe provision in the
Elections Clause] was the Framers' insurance against the
possibility that a State would refuse to provide for the
election of representatives to the Federal Congress.''. Arizona
v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9
(2013). The Court explained that the Elections Clause ``. . .
imposes [upon the States] the duty . . . to prescribe the time,
place, and manner of electing Representatives and
Senators[.]''. Id. at 8. And, while, as the Court noted,
``[t]he power of Congress over the `Times, Places, and Manner'
of congressional elections is paramount, and may be exercised
at any time, and to any extent which it deems expedient; and so
far as it is exercised, and no farther, the regulations
effected supersede those of the State which are inconsistent
therewith[]'', Id. at 9, the Inter-Tribal Court explained,
quoting extensively from the Federalist no. 59, that it was
clear that the congressional fail-safe included in the
Elections Clause was intended for the sorts of governmental
self-preservation discussed here: ``[E]very government ought to
contain in itself the means of its own preservation[.]'';
``[A]n exclusive power of regulating elections for the national
government, in the hands of the State legislatures, would leave
the existence of the Union entirely at their mercy. They could
at any moment annihilate it by neglecting to provide for the
choice of persons to administer its affairs.''. Id. at 8.
(15) It is clear in every respect that the congressional
fail-safe described in the Elections Clause vests purely
secondary authority over Federal elections in the Federal
legislative branch and that the primary authority rests with
the States. Congressional authority is intended to be, and as a
matter of constitutional fact is, limited to addressing the
worst imaginable issues, such as invasion or other matters that
might lead to a State not electing representatives to
constitute the two Houses of Congress. Congress' authority has
never extended to the day-to-day authority over the ``Times,
Places and Manner of Election'' that the Constitution clearly
reserves to the States.
(16) Congress must act within the bounds of its
constitutional authority when enacting legislation concerning
the administration of our Nation's elections.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Voluntarily Offered Tools for
Election Reforms by States Act'' or the ``VOTERS Act''.
SEC. 112. FINDINGS.
Congress finds the following:
(1) The United States Constitution reserves to the states
the primary duty and authority to establish election law and to
administer of Federal elections. See article I, section 4,
clause 1 of the Constitution of the United States.
(2) Under America's decentralized election system, there is
not a one-size-fits-all approach to how elections are
administered.
(3) Each State should be afforded the flexibility to
implement election administration processes and procedures that
are most beneficial in meeting the needs of its voters and
ensuring that its elections are free, fair, and secure.
(4) The Federal government is in a position to provide
States with voluntary tools to improve election integrity and
voter confidence, as well as removing Federal impediments that
hinder State efforts.
(5) The Election Assistance Commission (EAC) was
established to assist States in the administration of Federal
elections. One of its core missions is to serve as a
clearinghouse for election administration information and to
provide a forum for States to discuss and exchange ideas on
issues related to the administration of Federal elections,
including practices, processes, and procedures.
(6) The EAC's Standards Board and Local Leadership Council
are advisory boards with State and local election official
membership from all fifty States and territories and are best
suited to develop voluntary considerations for various election
administration practices, processes, and procedures.
SEC. 113. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS AND FEDERAL FORUM
FOR STATE INFORMATION SHARING.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD AND
LOCAL LEADERSHIP COUNCIL WITH RESPECT TO ELECTION
ADMINISTRATION.
``(a) In General.--The Standards Board and the Local Leadership
Council of the Commission shall draw from experiences in their home
jurisdictions and information voluntarily provided by and between
States and their political subdivisions on the effectiveness or
ineffectiveness of election administration policies and release
voluntary considerations with respect to the administration of an
election for Federal office.
``(b) Matters To Consider.--In releasing the voluntary
considerations under subsection (a), the Standards Board and the Local
Leadership Council shall examine and consolidate information provided
by States and release considerations with respect to each of the
following categories:
``(1) The process for the administration of ballots
delivered by mail, including--
``(A) deadlines for the return and receipt of such
ballots to the appropriate election official;
``(B) the design of such ballots, including the
envelopes used to deliver the ballots;
``(C) the process for requesting and tracking the
return of such ballots;
``(D) the processing of such ballots upon receipt
by the appropriate election official, including the
schedule for counting the ballots and the reporting of
the unofficial results of such counting; and
``(E) voter identity verification procedures,
including signature matching or verification.
``(2) The signature verification procedures used to verify
the identity of voters in an election, which shall include an
evaluation of human and machine methods of signature
verification, an assessment of the training provided to
individuals tasked to carry out such verification procedures,
and the proposal of other less subjective methods of confirming
the identity of a voter such as requiring the identification
number of a valid government-issued photo identification or the
last four digits of the voter's social security number to be
provided along with the voter's signature.
``(3) The processes used to carry out maintenance of the
official list of persons registered to vote in each State.
``(4) Rules and requirements with respect to the access
provided to election observers.
``(5) The processes used to ensure the timely and accurate
reporting of the unofficial results of ballot counting in each
polling place in a State and the reporting of the unofficial
results of such counting.
``(6) The methods used to recruit poll workers and
designate the location of polling places during a pandemic,
natural disaster, or other emergency.
``(7) The education of the public with respect to the
certification and testing of voting machines and related
nonvoting election technology (as defined in section 298C of
the Help America Vote Act of 2002) prior to the use of such
machines and technology in an election for Federal office,
including education with respect to--
``(A) how such machines and technology are tested
for accuracy, logic, and security; and
``(B) the connectivity to the public internet of
such machines and technology.
``(8) The processes and procedures used to carry out a
post-election audit.
``(9) The processes and procedures used to ensure a secure
chain of custody with respect to ballots and election
equipment.
``(10) Public education, access, and citizen oversight and
input with respect to the certification and testing of voter
machines prior to Federal elections.
``(11) The conduct of independent post-election audits.
``(12) Transparency in the election and voting process.
``(13) Accountability measures to ensure compliance by
election administrators with applicable law.
``(c) Release of Voluntary Considerations.--
``(1) Deadline for release.--Not later than 12 months after
the date of the enactment of the ACE Act, the Standards Board
shall release voluntary considerations with respect to each of
the categories described in subsection (b).
``(2) Transmission and notification requirements.--Not
later than 15 days after the date the Standards Board releases
voluntary considerations with respect to a category described
in subsection (b), the Commission shall--
``(A) transmit the considerations to the chief
State election official of each State and the elected
leadership of the legislature of each State, including
the elected leadership of any committee of the
legislature of a State with jurisdiction with respect
to elections;
``(B) make the considerations available on a
publicly accessible Government website; and
``(C) notify and transmit the considerations to the
chair and ranking minority member of the Committee on
House Administration of the House of Representatives,
the chair and ranking minority member of the Committee
on Rules and Administration of the Senate, and the
chairs and ranking minority members of other relevant
committees of Congress.
``(d) Use of Requirements Payments for Implementation of Voluntary
Considerations.--A State may use a requirements payment provided under
this Act or any other Federal funds made available to the State by the
Commission for the purposes of election administration to implement any
of the voluntary considerations released under subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed--
``(1) to require compliance with the voluntary
considerations released under subsection (a), including as a
condition of the receipt of Federal funds; or
``(2) to treat the lack of compliance with such
considerations as a violation of the Voting Rights Act of 1965
or the Civil Rights Act of 1964 or to treat compliance with
such considerations as a defense against an alleged violation
of either such Act.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 247 as
relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Release of voluntary considerations by Standards Board with
respect to election administration.''.
Subtitle C--Requirements to Promote Integrity in Election
Administration
SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN
FEDERAL ELECTIONS.
(a) Short Title.--This section may be cited as the ``Non-Citizens:
Outlawed from Voting in Our Trusted Elections Act of 2023'' or the ``NO
VOTE for Non-Citizens Act of 2023''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Every eligible American citizen who wishes to
cast a ballot in a Federal election must be permitted
to do so according to law, and their ballot must be
examined according to law, and, if it meets all lawful
requirements, counted.
(B) Congress has long required States to maintain
Federal voter registration lists in a manner that
promotes voter confidence.
(C) The changes included herein are not intended to
be an expansion of Federal power but rather a
clarification of State authority.
(D) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(E) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(F) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(G) Since the Constitution prohibits non-citizens
from voting in Federal elections, such ineligible
persons must not be permitted to be placed on Federal
voter registration lists.
(H) Improper placement of an ineligible non-citizen
on a Federal voter registration list leads to--
(i) confusion on the part of the ineligible
person with respect to their ineligibility to
cast a ballot; and
(ii) an increased likelihood that human
error will permit ineligible persons to cast
ballots in Federal elections.
(I) State officials have confirmed that poorly
maintained voter registration lists lead to ineligible
persons casting ballots in Federal elections.
(J) A former Broward County, Florida, elections
supervisor has confirmed that ineligible non-voters
were able to cast ballots in previous elections and
that she was not able to locate as many as 2,040
ballots during the 2018 midterm recount.
(K) This clarification of State authority to
maintain Federal voter registration lists to ensure
non-citizens are not included on such lists will
promote voter confidence in election processes and
outcomes.
(L) Congress has the authority to ensure that no
Federal elections funding is used to support States
that permit non-citizens to cast ballots in any
election.
(M) Federal courts and executive agencies have much
of the information States may need to maintain their
Federal voter registration lists, and those entities
should make that information accessible to State
election authorities.
(N) It is important to clarify the penalty for any
violation of law that allows a non-citizen to cast a
ballot in a Federal election.
(O) To protect the confidence of voters in Federal
elections, it is important to implement the policy
described herein.
(2) Sense of congress.--It is the sense of Congress that--
(A) many States have not adequately met the
requirements concerning the removal of ineligible
persons from State voter registration rolls pursuant to
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and should strive to audit and
update their voter registration rolls on a routine
basis;
(B) allowing non-citizens to cast ballots in
American elections weakens our electoral system,
directly and indirectly impacts Federal policy and
funding decisions and candidate choice through the
election of State and local officials, dilutes the
value of citizenship, and sows distrust in our
elections system;
(C) even if a State has the sovereign authority, no
State should permit non-citizens to cast ballots in
State or local elections;
(D) States should use all information available to
them to maintain Federal voter registration lists and
should inform Congress if such data is insufficient;
and
(E) Congress may take further action in the future
to address this problem.
(c) Clarifying Authority of States To Remove Noncitizens From
Voting Rolls.--
(1) Authority under regular removal programs.--Section
8(a)(4) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the registrant's status as a noncitizen of
the United States; or''.
(2) Conforming amendment relating to ongoing removal.--
Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i))
is amended by striking ``(4)(A)'' and inserting ``(4)(A) or
(B)''.
(d) Requirement To Maintain Separate State Voter Registration List
for Noncitizens.--Section 8(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20507(a)) is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of a State that allows individuals who
are not citizens of the United States to vote in elections for
public office in the State or any local jurisdiction of the
State, ensure that the name of any registrant who is not a
citizen of the United States is maintained on a voter
registration list that is separate from the official list of
eligible voters with respect to registrants who are citizens of
the United States.''.
(e) Requirements for Ballots for State or Local Jurisdictions That
Allow Noncitizen Voting.--Section 301(a)(1) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the
following new subparagraph:
``(D) In the case of a State or local jurisdiction
that allows individuals who are not citizens of the
United States to vote in elections for public office in
the State or local jurisdiction, the ballot used for
the casting of votes by a noncitizen in such State or
local jurisdiction may only include the candidates for
the elections for public office in the State or local
jurisdiction for which the noncitizen is permitted to
vote.''.
(f) Reduction in Payments for Election Administration to States or
Local Jurisdictions That Allow Noncitizen Voting.--
(1) In general.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end
the following new section:
``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT
ALLOW NONCITIZEN VOTING.
``(a) In General.--Notwithstanding any other provision of this Act,
the amount of a payment under this Act to any State or local
jurisdiction that allows individuals who are not citizens of the United
States to vote in elections for public office in the State or local
jurisdiction shall be reduced by 30 percent.
``(b) Prohibition on Use of Funds for Certain Election
Administration Activities.--Notwithstanding any other provision of law,
no Federal funds may be used to implement the requirements of section
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(7)) (as added by section 121(d) of the American Confidence in
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the
American Confidence in Elections Act) in a State or local jurisdiction
that allows individuals who are not citizens of the United States to
vote in elections for public office in the State or local
jurisdiction.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 907. Reduction in payments to States or local jurisdictions that
allow noncitizen voting.''.
(g) Promoting Provision of Information by Federal Entities.--
(1) In general.--
(A) Requirement.--Each entity of the Federal
government which maintains information which is
relevant to the status of an individual as a registered
voter in elections for Federal office in a State shall,
upon the request of an election official of the State,
provide that information to the election official.
(B) Prohibiting fees.--The head of an entity
described in subparagraph (A) may not charge a fee for
responding to an election official's request under such
subparagraph.
(2) Policies and procedures.--Consistent with section
3506(g) of title 44, United States Code, an entity of the
Federal government shall carry out this subsection in
accordance with policies and procedures which will ensure that
the information is provided securely, accurately, and in a
timely basis.
(3) Conforming amendment relating to coverage under privacy
act.--Section 552a(b) of title 5, United States Code, is
amended--
(A) by striking ``or'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(13) to an election official of a State in accordance
with section 121(h) of the American Confidence in Elections
Act.''.
(h) Ensuring Provision of Information to State Election Officials
on Individuals Recused From Jury Service on Grounds of
Noncitizenship.--
(1) Requirement described.--If a United States district
court recuses an individual from serving on a jury on the
grounds that the individual is not a citizen of the United
States, the court shall transmit a notice of the individual's
recusal--
(A) to the chief State election official of the
State in which the individual resides; and
(B) to the Attorney General.
(2) Definitions.--For purposes of this subsection--
(A) the ``chief State election official'' of a
State is the individual designated by the State under
section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act; and
(B) the term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of
2002 (52 U.S.C. 21141), as amended by section 138.
(i) Prohibition on Voting by Noncitizens in Federal Elections.--
(1) In general.--Section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following new
subsection:
``(b) Prohibition on Voting by Aliens.--
``(1) In general.--It shall be unlawful for any alien to
vote in any election in violation of section 611 of title 18,
United States Code.
``(2) Penalties.--Any person who violates this subsection
shall be fined under title 18, United States Code, imprisoned
not more than 1 year, or both.''.
(2) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to elections
held after the date of the enactment of this Act.
SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST
MAINTENANCE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) in subsection (i), by adding at the end the following:
``(3) The records maintained pursuant to paragraph (1) shall
include lists of the names and addresses of all registrants in a State
who were inactive according to the criteria described in subsection
(d)(1)(B) and the length of time each such registrant has been inactive
according to such criteria.
``(4) Nothing in this subsection may be construed to waive the
requirement that a State make the records maintained pursuant to
paragraph (1) publically available, without regard to whether or not
the records are maintained in whole or in part, or were provided to the
State or a political subdivision of the State, by a nongovernmental
organization or other private entity.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection:
``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance
Commission a report that includes, with respect to such State during
the preceding 2-year period, the total number of--
``(1) registrants who were inactive according to the
criteria described in subsection (d)(1)(B) and the length of
time each such registrant has been inactive according to such
criteria;
``(2) registrants who voted in at least one of the prior 2
consecutive general elections for Federal office;
``(3) registrants removed from the list of official voters
in the State pursuant to subsection (d)(1)(B);
``(4) notices sent to registrants pursuant to subsection
(d)(2); and
``(5) registrants who received a notice described in
paragraph (4) who responded to such notice.''.
SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.
(a) Short Title.--This section may be cited as the ``State
Instruction Inclusion Act''.
(b) In General.--Section 6(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20505(a)) is amended--
(1) in paragraph (1), by inserting ``, except that a State
may, in addition to the criteria stated in section 9(b),
require that an applicant provide proof that the applicant is a
citizen of the United States'' after ``elections for Federal
office''; and
(2) in paragraph (2), by inserting ``and such form may
include a requirement that the applicant provide proof that the
applicant is a citizen of the United States'' after ``elections
for Federal office''.
SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS
FOR STATE USE.
(a) Short Title.--This section may be cited as the ``Citizen Vote
Protection Act''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Photo voter identification programs established
by the States should be administered without unlawful
discrimination and with an eye toward balancing
appropriate access to the ballot box with election
integrity and voter confidence goals.
(B) As confirmed by the bipartisan Commission on
Federal Election Reform (commonly known as the Carter-
Baker Commission), ``[v]oters in nearly 100 democracies
use a photo identification card without fear of
infringement of their rights''.
(C) As confirmed by the Carter-Baker Commission,
``[t]he right to vote is a vital component of U.S.
citizenship and all States should use their best
efforts to obtain proof of citizenship before
registering voters.''.
(D) The Carter-Baker Commission was correct in its
2005 report when it recommended that the REAL ID Act be
``modestly adapted for voting purposes to indicate on
the front or back whether the individual is a U.S.
citizen.''.
(E) Congress acknowledges the important work
completed by the Carter-Baker Commission and, by
amending the REAL ID Act, resolves the concerns in the
Commission's report that ``[t]he REAL ID Act does not
require that the card indicates citizenship, but that
would need to be done if the card is to be used for
voting purposes''.
(F) Photographic voter identification is important
for ensuring voter confidence in election processes and
outcomes.
(G) Requiring photographic voter identification is
well within States' constitutional competence,
including pursuant to the Qualifications Clause of the
Constitution of the United States (article I, section
2, clause 2), the Presidential Electors Clause of the
Constitution (article II, section 1, clause 2), and the
Seventeenth Amendment.
(H) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(I) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(J) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(2) Sense of congress.--It is the sense of Congress that--
(A) the States should implement the substance of
the recommendation of the Carter-Baker Commission that,
``[t]o ensure that persons presenting themselves at the
polling place are the ones on the registration list,
the Commission recommends that states [encourage]
voters to use the REAL ID card, which was mandated in a
law signed by the President in May 2005''; and
(B) a standard State photo identification document,
when required for voting purposes, should be available
at no cost.
(c) REAL ID Act Amendment.--
(1) Amendment.--Section 202(b) of the Real ID Act of 2005
(49 U.S.C. 30301 note) is amended by adding at the end the
following new paragraph:
``(10) If the person is a citizen of the United States, an
indication of that citizenship, except that no other
information may be included with respect to the immigration
status of the person.''.
(2) Applicability.--The amendment made by this subsection
shall be effective January 1, 2026, and shall apply with
respect to any driver's license or identification card issued
by a State on and after such date.
(d) Rule of Construction.--Nothing in this section or in any
amendment made by this section may be construed to establish or mandate
the use of a national identification card or to authorize any office of
the executive branch to establish or mandate the use of a national
identification card.
SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS NOT
VOTING IN PERSON.
(a) Requiring Voters To Provide Identification.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS
WHO VOTE BY MAIL.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions that States
must follow with respect to the administration of voting by mail
because article I, section 8, clause 7 of the Constitution of the
United States and other enumerated powers grant Congress the power to
regulate the operations of the United States Postal Service.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote in Certain Cases.--
``(1) Individuals requesting a ballot to vote by mail.--
Notwithstanding any other provision of law, the appropriate
State or local election official may not provide an individual
a ballot to vote by mail for an election for Federal office in
a case in which the individual requested such ballot other than
in person from the appropriate State or local election official
of the State at a State designated elections office unless the
individual submits with the application for the ballot a copy
of an identification described in paragraph (3).
``(2) Individuals voting by mail in certain cases.--
``(A) In general.--Notwithstanding any other
provision of law, in a case in which the appropriate
State or local election official provides an individual
a ballot to vote by mail for an election for Federal
office without requiring such individual to submit a
separate application or request to receive such ballot
for each such election, the election official may not
accept the voted ballot unless the individual submits
with the voted ballot a copy of an identification
described in paragraph (3).
``(B) Fail-safe voting.--An individual who desires
to vote other than in person but who does not meet the
requirements of subparagraph (A) may cast such a ballot
other than in person and the ballot shall be counted as
a provisional ballot in accordance with section 302(a).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual--
``(A) a current and valid photo identification of
the individual;
``(B) a copy of a current utility bill, bank
statement, government check, paycheck, or other
government document that shows the name and address of
the individual;
``(C) a valid driver's license or an identification
card issued by a State or the identification number for
such driver's license or identification card issued by
a State;
``(D) the last 4 digits of the individual's social
security number; or
``(E) such other documentation issued by a Federal,
State, or local government that provides the same or
more identifying information as required by
subparagraphs (A) through (D) such that the election
official is reasonably certain as to the identity of
the individual.
``(c) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(d) Rule of Construction.--Nothing in this section may be
construed as prohibiting a State from imposing identification
requirements to request a ballot to vote by mail or cast a vote by mail
that are more stringent than the requirements under this section.
``(e) Effective Date.--This section shall take effect on January 1,
2025.''.
(b) Conforming Amendments Relating to Existing Identification
Requirements.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or otherwise not in person at an elections
office or voter registration agency of the State''.
(2) Exceptions.--Section 303(b)(3) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(3)) is amended--
(A) in subparagraph (A), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''; and
(B) in subparagraph (B)(i), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''.
(3) Expansion of types of identification permitted.--
Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (I), by striking ``or'' at
the end; and
(ii) by adding at the end the following new
subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual; or''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following:
``Sec. 304. Mandatory provision of identification for certain voters
who vote by mail.''.
SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Short Title.--This section may be cited as the ``Confirmation
of Congressional Observer Access Act of 2023'' or the ``COCOA Act of
2023''.
(b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
(1) The Constitution delegates to each of House of the
Congress the authority to ``be the Judge of the Elections,
Returns and Qualifications of its own Members''.
(2) While, in general, Congress shall respect the
determination of State authorities with respect to the election
of members to each House, each House of Congress serves as the
final arbiter over any contest to the seating of any putative
Member-elect or Senator-elect.
(3) These election contest procedures are contained in the
precedents of each House of Congress. Further, for the House of
Representatives the procedures exist under the Federal
Contested Elections Act.
(4) In the post-Civil War modern era, more than 100
election contests have been filed with the House of
Representatives.
(5) For decades, Congress has appointed and sent out
official congressional observers to watch the administration of
congressional elections in the States and territories.
(6) These observers serve to permit Congress to develop its
own factual record in preparation for eventual contests and for
other reasons.
(7) This section and the amendments made by this section do
not establish any new authorities or procedures but are
provided simply to permit a convenient statutory reference for
existing Congressional authority and activity.
(c) Confirming Requirement That States Provide Access.--Title III
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 125(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to require that States allow access to designated
Congressional election observers to observe the election administration
procedures in an election for Federal office because the authority
granted to Congress under article I, section 5 of the Constitution of
the United States gives each House of Congress the power to be the
judge of the elections, returns and qualifications of its own Members.
``(b) Requiring States To Provide Access.--A State shall provide
each individual who is a designated Congressional election observer for
an election with full access to clearly observe all of the elements of
the administration procedures with respect to such election, including
but not limited to in all areas of polling places and other facilities
where ballots in the election are processed, tabulated, cast,
canvassed, and certified, in all areas where voter registration
activities occur before such election, and in any other such place
where election administration procedures to prepare for the election or
carry out any post-election recounts take place. No designated
Congressional election observer may handle ballots, elections equipment
(voting or non-voting), advocate for a position or candidate, take any
action to reduce ballot secrecy or otherwise violate the privacy of a
voter, or otherwise interfere with the elections administration
process.
``(c) Designated Congressional Election Observer Described.--In
this section, a `designated Congressional election observer' is an
individual who is designated in writing by the chair or ranking
minority member of the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration of the
Senate, or the successor committee in either House of Congress to
gather information with respect to an election, including in the event
that the election is contested in the House of Representatives or the
Senate and for other purposes permitted by article 1, section 5 of the
Constitution of the United States.''.
(d) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by
striking ``and 304'' and inserting ``304, and 305''.
(e) Clerical Amendment.--The table of contents of such Act, as
amended by section 125(d), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following:
``Sec. 305. Confirming access for Congressional election observers.''.
SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION AUDITS.
(a) Permitting Use of Payments for Audits.--Section 251(b)(1) of
the Help America Vote Act of 2002 (52 U.S.C. 21001(b)(1)) is amended by
inserting ``, including to conduct and publish an audit of the
effectiveness and accuracy of the voting systems, nonvoting election
technology (as defined in section 298C), election procedures, and
outcomes used to carry out an election for Federal office in the State
and the performance of the State and local election officials who
carried out the election, but only if the audit meets the requirements
of paragraph (4)'' after ``requirements of title III''.
(b) Requirements for Audits.--Section 251(b) of such Act (52 U.S.C.
21001(b)) is amended by adding at the end the following new paragraph:
``(4) Requirements for audits conducted with requirements
payments.--An audit described in paragraph (1) meets the
requirements of this paragraph if--
``(A) no individual who participates in conducting
the audit is an employee or contractor of an office of
the State or local government which is responsible for
the administration of elections for Federal office or
of a subsidiary or affiliate of such an office; or
``(B) the audit includes an examination of
compliance with established processes for voter
registration, voter check-in, voting, tabulation,
canvassing, post-election proceedings (such as recounts
and recanvasses), and reporting of results.''.
(c) Sense of Congress Regarding Timing of Audits.--It is the sense
of Congress that post-election audits of the effectiveness and accuracy
of the voting systems, election procedures, and outcomes used to carry
out an election for Federal office in a State and the performance of
the State and local election officials who carried out the election are
most effective when the audits are completed before the expiration of
the period during which persons are authorized under State law to
challenge the results of the election.
SEC. 128. INCREASE IN THRESHOLD FOR REQUIRING INFORMATION REPORTING
WITH RESPECT TO CERTAIN PAYEES.
(a) In General.--Sections 6041(a) of the Internal Revenue Code of
1986 is amended by striking ``$600'' and inserting ``$5,000''.
(b) Inflation Adjustment.--Section 6041 of such Code is amended by
adding at the end the following new subsection:
``(h) Inflation Adjustment.--In the case of any calendar year after
2024, the dollar amount in subsection (a) shall be increased by an
amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $100,
such increase shall be rounded to the nearest multiple of $100.''.
(c) Application to Reporting on Remuneration for Services and
Direct Sales.--Section 6041A of such Code is amended--
(1) in subsection (a)(2), by striking ``is $600 or more''
and inserting ``equals or exceeds the dollar amount in effect
for such calendar year under section 6041(a)'', and
(2) in subsection (b)(1)(B), by striking ``is $5,000 or
more'' and inserting ``equals or exceeds the dollar amount in
effect for such calendar year under section 6041(a)''.
(d) Application to Backup Withholding.--Section 3406(b)(6) of such
Code is amended--
(1) by striking ``$600'' in subparagraph (A) and inserting
``the dollar amount in effect for such calendar year under
section 6041(a)'', and
(2) by striking ``only where aggregate for calendar year is
$600 or more'' in the heading and inserting ``only if in excess
of threshold''.
(e) Conforming Amendments.--
(1) The heading of section 6041(a) of such Code is amended
by striking ``of $600 or More'' and inserting ``Exceeding
Threshold''.
(2) Section 6041(a) of such Code is amended by striking
``taxable year'' and inserting ``calendar year''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to payments made after December 31, 2023.
SEC. 129. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION
TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Protect
American Voters Act''.
(b) Adoption of Voluntary Guidelines by Election Assistance
Commission.--
(1) Adoption of guidelines.--Title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations of the Standards Board and the
Local Leadership Council of the Commission under section 298A.
``(b) Review.--The Commission shall review the guidelines adopted
under this subtitle not less frequently than once every 4 years, and
may adopt revisions to the guidelines as it considers appropriate.
``(c) Process for Adoption.--The adoption of the voluntary
guidelines under this subtitle shall be carried out by the Commission
in a manner that provides for each of the following:
``(1) Publication of notice of the proposed guidelines in
the Federal Register.
``(2) An opportunity for public comment on the proposed
guidelines.
``(3) An opportunity for a public hearing on the record.
``(4) Publication of the final recommendations in the
Federal Register.
``(d) Deadline for Initial Set of Guidelines.--The Commission shall
adopt the initial set of voluntary guidelines under this section not
later than December 31, 2025.
``SEC. 298A. ROLE OF STANDARDS BOARD AND LOCAL LEADERSHIP COUNCIL.
``(a) Duties.--The Standards Board and the Local Leadership Council
of the Commission shall assist the Commission in the adoption of
voluntary guidelines under section 298, including by providing the
Commission with recommendations on appropriate standards for the use of
nonvoting election technology, including standards to ensure the
security and accuracy, and promote the usability, of such technology,
and by conducting a review of existing State programs with respect to
the testing of nonvoting election technology.
``(b) Sources of Assistance.--
``(1) Certain members of technical guidelines development
committee.--The following members of the Technical Guidelines
Development Committee under section 221 shall assist the
Standards Board and the Local Leadership Council in carrying
out their duties under this section:
``(A) The Director of the National Institute of
Standards and Technology.
``(B) The representative of the American National
Standards Institute.
``(C) The representative of the Institute of
Electrical and Electronics Engineers.
``(D) The 4 members of the Technical Guidelines
Development Committee appointed under subsection
(c)(1)(E) of such section as the other individuals with
technical and scientific expertise relating to voting
systems and voting equipment.
``(2) Detailee from cisa.--The Executive Board of the
Standards Board may request the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security to provide a detailee to assist the Standards
Board in carrying out its duties under this section, so long as
such detailee has no involvement in the drafting of any of the
voluntary guidelines.
``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.
``A State may use funds provided under any law for activities to
improve the administration of elections for Federal office, including
to enhance election technology and make election security improvements,
to obtain nonvoting election technology which is in compliance with the
voluntary guidelines adopted under section 298 or to upgrade nonvoting
election technology so that the technology is in compliance with such
guidelines, and may, notwithstanding any other provision of law, use
any unobligated grant funding provided to the State by the Election
Assistance Commission from amounts appropriated under the heading
`Independent Agencies--Election Assistance Commission--Election
Security Grants' in title V of division C of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) for the purposes of
enhancing election technology and making election security improvements
until December 31, 2024.
``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' means
technology used in the administration of elections for Federal office
which is not used directly in the casting, counting, tabulating, or
collecting of ballots or votes, including each of the following:
``(1) Electronic pollbooks or other systems used to check
in voters at a polling place or verify a voter's
identification.
``(2) Election result reporting systems.
``(3) Electronic ballot delivery systems.
``(4) Online voter registration systems.
``(5) Polling place location search systems.
``(6) Sample ballot portals.
``(7) Signature systems.
``(8) Such other technology as may be recommended for
treatment as nonvoting election technology as the Standards
Board may recommend.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board and Local Leadership Council.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
(c) Treatment of Technology Used in Most Recent Election.--Any
nonvoting election technology, as defined in section 298C of the Help
America Vote Act of 2002 (as added by subsection (a)(1)), which a State
used in the most recent election for Federal office held in the State
prior to the date of the enactment of this Act shall be deemed to be in
compliance with the voluntary guidelines on the use of such technology
which are adopted by the Election Assistance Commission under section
298 of such Act (as added by subsection (a)(1)).
SEC. 130. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971)
is amended by adding at the end the following new subsection:
``(e) Status Reports by National Institute of Standards and
Technology.--Not later than 60 days after the end of each fiscal year
(beginning with 2025), the Director of the National Institute of
Standards and Technology shall submit to Congress a status report
describing--
``(1) the extent to which the Director carried out the
Director's responsibilities under this Act during the fiscal
year, including the responsibilities imposed under this section
and the responsibilities imposed with respect to the Technical
Guidelines Development Committee under section 222, together
with the Director's best estimate of when the Director will
completely carry out any responsibility which was not carried
out completely during the fiscal year; and
``(2) the extent to which the Director carried out any
projects requested by the Commission during the fiscal year,
together with the Director's best estimate of when the Director
will complete any such project which the Director did not
complete during the fiscal year.''.
SEC. 131. 501(C)(3) ORGANIZATIONS PROHIBITED FROM PROVIDING DIRECT OR
INDIRECT FUNDING FOR ELECTION ADMINISTRATION.
(a) Short Title.--This section may be cited as the ``End
Zuckerbucks Act of 2023''.
(b) In General.--Section 501(c)(3) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``and which does not participate'' and
inserting ``which does not participate'', and
(2) by striking the period at the end and inserting ``and
which does not provide direct funding to any State or unit of
local government for the purpose of the administration of
elections for public office or any funding to any State or unit
of local government in a case in which it is reasonable to
expect such funding will be used for the purpose of the
administration of elections for public office (except with
respect to the donation of space to a State or unit of local
government to be used as a polling place in an election for
public office).''.
(c) Effective Date.--The amendments made by this section shall
apply to funding provided in taxable years beginning after December 31,
2025.
SEC. 132. FEDERAL AGENCY INVOLVEMENT IN VOTER REGISTRATION ACTIVITIES.
(a) Short Title.--This section may be cited as the ``Promoting Free
and Fair Elections Act of 2023''.
(b) Clarification of Federal Agency Involvement in Voter
Registration Activities.--Executive Order 14019 (86 Fed. Reg. 13623;
relating to promoting access to voting) shall have no force or effect,
and any contract or arrangement entered into by an agency to carry out
activities pursuant to sections 3 and 4 of such Executive Order shall
be abrogated.
(c) Agreements With Nongovernmental Organizations.--None of the
funds made available for the salaries and expenses of an agency may be
used to solicit or enter into an agreement with a nongovernmental
organization to conduct voter registration or voter mobilization
activities, including registering voters or providing any person with
voter registration materials, absentee or vote-by-mail ballot
applications, voting instructions, or candidate-related information, on
the property or website of the agency.
(d) Report on Prior Voter Registration and Mobilization
Activities.--Not later than 30 days after the date of enactment of this
Act, the head of each agency shall submit to the appropriate
congressional committees a report describing the activities carried out
by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86
Fed. Reg. 13623).
(e) Prohibiting Voter Registration and Mobilization in Federal
Work-Study Programs.--Section 443(b)(1) of the Higher Education Act of
1965 (20 U.S.C. 1087-53(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) does not involve registering or mobilizing
voters on or off the campus of the institution; and''.
(f) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502(1) of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Rules and Administration of
the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on House Administration of the
House of Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
SEC. 133. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION
ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.
(a) Short Title.--This section may be cited as the ``No Federal
Funds for Ballot Harvesting Act''.
(b) Findings.--Congress finds that--
(1) the right to vote is a fundamental right of citizens of
the United States, as described by the Constitution of the
United States;
(2) the Committee on House Administration of the House of
Representatives, which is charged with investigating election
irregularities, received reports through its official Election
Observer Program for the 2018 general election and the 2020
general election, as well as from other stakeholders, that
individuals other than voters themselves were depositing large
amounts of absentee ballots at polling places throughout
California and other States, a practice colloquially known as
``ballot harvesting'';
(3) the practice of ballot harvesting creates significant
vulnerabilities in the chain-of-custody of ballots because
individuals collecting ballots are not required to be
registered voters and are not required to identify themselves
at a voter's home, and the State does not track how many
ballots are harvested in an election;
(4) in North Carolina, a congressional election was
invalidated due to fraud associated with ballot harvesting
committed by a political operative, and it is unlikely such
activity would have been detected were it not for the
prohibition against ballot harvesting in the State;
(5) ballot harvesting invites electioneering activity at
home and weakens States' long-standing voter protection
procedures, which remain in place at polling locations,
creating the possibility of undue influence over voters by
political operatives and other bad actors; and
(6) the Supreme Court of the United States has affirmed
State authority to restrict ballot harvesting (Brnovich v.
Democratic National Committee, 141 S. Ct. 2321 (2021)).
(c) Prohibition on Federal Funds for Election Administration for
States Allowing Collection and Transmission of Ballots by Certain Third
Parties.--
(1) In general.--The Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) is amended by adding at the end the
following new section:
``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION
FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF
BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be used to administer any election for Federal office
in a State unless the State has in effect a law that prohibits an
individual from the knowing collection and transmission of a ballot in
an election for Federal office that was mailed to another person, other
than an individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(b) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 908. Prohibition on Federal funds for election administration
for States allowing collection and
transmission of ballots by certain third
parties.''.
SEC. 134. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING
REQUIREMENT.
Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is
amended--
(1) by inserting ``including records and papers of
envelopes used to deliver voted ballots by mail and scanned,
electronically preserved records of envelopes used to deliver
blank ballots or absentee ballot requests or used for any
purpose other than delivering voted ballots, ballots, ballot
images, chain of custody records, cast vote records, logic and
accuracy test results and equipment certification, and other
materials related to the Federal election that would be
essential for conducting a post-election audit'' after
``requisite to voting in such election,''; and
(2) by inserting after ``shall devolve upon such
custodian.'' the following: ``Such records and papers shall be
considered public records available for reasonable public
inspection, including at a minimum, as defined the law of the
State in which the election is held, the candidates appearing
on the ballot in the election, political parties whose
candidates appeared on the ballot in the election, and any
individuals authorized to observe the election.''
SEC. 135. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION
WORKERS.
(a) Preferences for Veterans and Individuals With Disabilities.--
(1) Preferences.--In hiring election workers to administer
an election in a State or local jurisdiction, the State or
local jurisdiction may give preference to individuals who are
veterans or individuals with a disability.
(2) Individual with a disability defined.--In this
subsection, an ``individual with a disability'' means an
individual with an impairment that substantially limits any
major life activities.
(b) Preference and Waiver of Residency Requirement for Spouses and
Dependents of Absent Military Voters.--
(1) Sense of congress.--It is the sense of Congress that,
in hiring election workers to administer an election in a State
or local jurisdiction, the State or local jurisdiction--
(A) should give preference to an individual who is
a nonresident military spouse or dependent; and
(B) should not refuse to hire such an individual as
an election worker solely on the grounds that the
individual does not maintain a place of residence in
the State or local jurisdiction.
(2) Inclusion of information election assistance commission
clearinghouse.--The Federal Election Commission shall include
in any clearinghouse it maintains of procedures adopted by
States with respect to the administration of Federal elections
information on the procedures under which States hire
nonresident military spouses or dependents as election workers,
as described in paragraph (1).
(3) Nonresident military spouse or dependent defined.--In
this subsection, a ``nonresident military spouse or dependent''
means an individual who is an absent uniformed services voter
under section 107(1)(C) of the Uniformed and Overseas Citizen
Absentee Voting Act (52 U.S.C. 20310(1)(C)).
SEC. 136. STATE ASSISTANCE IN ASSIGNING MAILING ADDRESSES WITH RESPECT
TO TRIBAL GOVERNMENTS.
(a) In General.--Upon request from a Tribal Government, the
appropriate State executives of the State concerned shall assist the
Tribal Government to assign a mailing address to each home and
residence of the Tribal Government in the State that does not have a
mailing address assigned to such home or residence and shall ensure
that the State records include any such mailing address assigned and
any mailing address previously assigned by such Tribal Government.
(b) Definitions.--In this section:
(1) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
(4) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
SEC. 137. STATE DEFINED.
(a) Application to Commonwealth of Northern Mariana Islands.--
Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is
amended by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands''.
(b) Conforming Amendments.--Such Act is further amended as follows:
(1) The second sentence of section 213(a)(2) (52 U.S.C.
20943(a)(2)) is amended by striking ``and American Samoa'' and
inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
(2) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by
striking ``or the United States Virgin Islands'' and inserting
``the United States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands''.
SEC. 138. VOTER REGISTRATION FOR APPLICANTS WITHOUT DRIVER'S LICENSE OR
SOCIAL SECURITY NUMBER.
(a) In General.--Section 303(a)(5)(A) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(5)(A)) is amended--
(1) in clause (i), by striking ``Except as provided in
clause (ii), notwithstanding any other provision of law, an
application'' and inserting ``An application'';
(2) in clause (i)(II), by striking ``(other than an
applicant to whom clause (ii) applies)''; and
(3) by amending clause (ii) to read as follows:
``(ii) Special rule for applicants without
driver's license or social security number.--If
an applicant for voter registration for an
election for Federal office has not been issued
a current and valid driver's license or a
social security number, the State shall assign
the applicant a temporary number which shall be
valid to identify the applicant for the
purposes of voter registration only during the
period that begins on the date the temporary
number is assigned and ends 30 days after the
date that the applicant receives a current and
valid driver's license or a social security
number. If the applicant fails to provide a
driver's license number or the last 4 digits of
the social security number (as the case may be)
to the State during the 30-day period that
begins on the date the applicant receives such
driver's license or social security number, the
applicant's application for voter registration
with respect to which the temporary number was
assigned may not be accepted or processed by
the State.''.
SEC. 139. GAO STUDY ON DOMESTIC MANUFACTURING AND ASSEMBLY OF VOTING
EQUIPMENT.
(a) Study Required.--The Comptroller General of the United States
shall carry out a study on the feasability and requirements for all
voting equipment used in elections for Federal office to be
manufactured and assembled in the United States, which shall include an
assessment of the importance of maintaining a secure supply chain for
such voting equipment.
(b) Submittal.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit a report
containing the results of the study carried out under subsection (a)
to--
(1) the appropriate congressional committees;
(2) the chief State election official of each State;
(3) the Election Assistance Commission; and
(4) the National Institute of Standards and Technology.
(c) Sense of Congress.--It is the sense of Congress that it is in
the national interest of the United States that equipment used for
voting in American elections be developed, programmed, manufactured,
and assembled within the United States under the authority of United
States persons.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``American Confidence in
Elections: District of Columbia Election Integrity and Voter Confidence
Act''.
SEC. 142. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.
(a) Statement of Congressional Authority.--Congress finds that it
has the authority to establish the terms and conditions for the
administration of elections for public office in the District of
Columbia--
(1) pursuant to article I, section 8, clause 17 of the
Constitution of the United States, which grants Congress the
exclusive power to enact legislation with respect to the seat
of the government of the United States;
(2) with recognition of the Residence Act of 1790, which
Congress passed pursuant to the above authority and which
established the City of Washington in the District of Columbia
as the seat of the government of the United States;
(3) pursuant to article I, section 8, clause 18 of the
Constitution of the United States, which grants Congress the
authority to ``make all Laws which shall be necessary and
proper for carrying into Execution'' its enumerated powers; and
(4) under other enumerated powers granted to Congress.
(b) Findings.--Congress finds the following:
(1) Voter identification requirements in the District of
Columbia are some of the weakest in the country. Currently,
voters in the District of Columbia are required only to provide
proof of residence the first time they vote and are never asked
to provide anything again.
(2) In the 2012 general election, the District of Columbia
was wholly unprepared for early voters. Several polling
locations featured only one or two voting machines. As a
result, some voters waited in line for hours while others
waited for hours only to be turned away as the polls closed.
(3) Following the 2012 general election, the executive
director of the D.C. Board of Elections testified that missteps
had taken place during the election. Voters complained that
some precincts weren't accessible for the disabled, while
poorly trained employees ran sites elsewhere in the District.
In other cases, voters were provided with ballots that were not
correct for their addresses, allowing them to vote in races in
other districts.
(4) In the District of Columbia's 2014 April Democratic
primary, voters had to wait several hours after polls closed
before receiving meaningful election returns because of
problems with voting machines that led to an unusually lengthy
and chaotic tabulation process.
(5) In the aftermath of that primary, while the District of
Columbia originally blamed a handful of voting machines for
late election results, the executive director later clarified
that the issue came from a broad computer network failure. As a
result, on election night, ballots did not begin to be counted
until 10:00 p.m. The executive director said ``on election
night, polling officials never really did determine the problem
. . .''. All this occurred despite record low turnout for the
primary.
(6) Before the 2014 midterm election, the executive
director hoped that ballot counting would be done before
midnight but could not offer any promises based on the District
of Columbia's previous history.
(7) Following the 2014 midterm election, the Office of the
District of Columbia Auditor performed an audit of the election
and found the following:
(A) 23 of 89 precincts visited did not have the
minimum number of poll workers designated in city
election procedures. In total, 168 workers did not come
to work as scheduled, and others that were not trained
to perform certain functions had to take on new jobs.
(B) 37 of the 89 precincts inspected featured
polling places not fully accessible to disabled voters.
Some issues included missing or inoperable doorbells to
alert poll workers that a wheelchair-bound voter needed
assistance, as well as a lack of accessible parking
spaces and entrances.
(C) 57 of the 89 precincts featured election and
non-election equipment issues affecting a wide range of
the Election Day technology--including paper ballot
readers, electronic poll books and touch-screen voting
machines.
(8) In 2016, the Office of the District of Columbia Auditor
released a report titled ``The District of Columbia Voter File:
Compliance with Law and Best Practices'', which included the
following:
(A) In 2015, the Board of Elections, as required
under District law, sent out written notices to 260,000
inactive voters through the U.S. Postal Service in an
attempt to maintain accurate voter registration rolls.
38,179, or almost fifteen percent of those postcards,
were returned as undeliverable.
(B) The Office of the Auditor took a sample of
thirty-three decedents who had died between January of
2011 and December of 2014. The audit found that all of
the thirty-three decedents were still on the District's
voter registration rolls.
(C) The District of Columbia is a member of the
Electronic Registration Information Center (ERIC).
According to ERIC, 13,651 voters were registered in the
District of Columbia and another jurisdiction. The D.C.
Board of Elections contacted every voter with a
duplicate registration. 6,000 voters confirmed they now
resided outside the District of Columbia and the other
7,651 or 56 percent of voters with a duplicate
registration did not respond.
(9) The District of Columbia allows for same-day
registration and automatic voter registration. In 2018, the
District of Columbia implemented an Automatic Voter
Registration program through the Department of Motor Vehicles
(DMV). Now, any DMV application automatically serves as an
application to register to vote or update registration records,
unless the applicant affirmatively opts out of this
registration option.
(10) In 2020, voting in the District of Columbia for the
June primary election was fraught with problems. Some voters
waited in line for hours, and thousands of voters who requested
absentee mail-in ballots never received them. As a result, the
District of Columbia allowed voters that never received their
absentee ballot to cast their ballots via unsecured email.
During the Committee on House Administration and Committee on
Oversight and Accountability joint hearing titled ``American
Confidence in Elections: The Path to Election Integrity in the
District of Columbia'', witnesses called by Republicans and
Democrats both agreed that casting a ballot via unsecured email
raised serious security and voter identification concerns.
(11) In 2020, the District of Columbia Board of Elections
mailed every registered voter a ballot for the general
election. Voters were still permitted to vote in-person. The
Board mailed 421,791 ballots, and 48,018 of them were
undeliverable, more than eleven percent. This is a rate more
than eight times higher than the national average.
(12) Even after mailing every registered voter a ballot in
the 2020 general election, the District of Columbia had lower
voter turnout rates than states like Florida, Ohio, and
Georgia. In 2020, the District of Columbia reported a roughly
64 percent turnout while Florida reported 77 percent, Ohio
reported roughly 74 percent, and Georgia reported 66 percent.
(13) In 2022, the District of Columbia Board of Elections
mailed every registered voter a ballot for the midterm primary
election. Voters were still allowed to vote in person. The
Board mailed 402,323 ballots, and 65,398 ballots, or about
sixteen percent, were undeliverable. This is an increase of
17,380 in undeliverable ballots between the 2020 general
election and the 2022 primary election.
(14) In 2022, the District of Columbia Board of Elections
mailed every registered voter a ballot for the November general
election. Voters were still allowed to vote in person. The
Board mailed 508,543 ballots, and 87,921 were undeliverable.
The rate of undeliverable ballots mailed out for the general
election in 2022 was seventeen percent, an increase of about
six basis points from the 2020 election. In addition, the
District of Columbia mailed over 500 voters an incorrect
ballot. At the time of the 2022 election, the COVID-19 pandemic
was largely over, allowing voters to vote in person without
issue, unlike during the 2020 election.
(15) Despite mailing every registered voter a ballot in the
2022 midterm election, the District of Columbia had far lower
voter turnout rates than states like Florida, Georgia, and
Ohio. In 2022, the District of Columbia reported roughly 40
percent turnout while Florida reported 54 percent, Ohio
reported 52 percent, and Georgia reported roughly 57 percent.
(16) The Local Resident Voting Rights Amendment Act of 2022
allows noncitizen green-card holders and illegal aliens to cast
a ballot in local races, as long as the non-citizen voter is at
least eighteen years of age and has resided in the District of
Columbia for thirty days. The law will take effect in 2024.
Estimates as to the number of non-citizens of voting age living
in the District of Columbia range from 21,000 to 42,000,
potentially half of whom are illegal aliens. Even according to
the low estimates, there are more than enough non-citizens of
voting age living in the District of Columbia to impact
election outcomes in some wards.
(17) On February 9, 2023, the U.S. House of
Representatives, by a vote of 260 to 162, passed H.J. Res. 24,
disapproving the Local Resident Voting Rights Amendment Act of
2022 under the District of Columbia Home Rule Act.
SEC. 143. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.
(a) Requirements Described.--Title III of the Help America Vote Act
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle C--Requirements for Elections in District of Columbia
``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.
``Congress finds that it has the authority to establish the terms
and conditions for the administration of elections for public office in
the District of Columbia--
``(1) under article I, section 8, clause 17 of the
Constitution of the United States, which grants Congress the
exclusive power to enact legislation with respect to the seat
of the government of the United States; and
``(2) under other enumerated powers granted to Congress.
``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter Identification
Act'.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote.--
``(1) Individuals voting in person.--A District of Columbia
election official may not provide a ballot for a District of
Columbia election to an individual who desires to vote in
person unless the individual presents to the official an
identification described in paragraph (3).
``(2) Individuals voting other than in person.--A District
of Columbia election official may not provide a ballot for a
District of Columbia election to an individual who desires to
vote other than in person unless the individual submits with
the application for the ballot a copy of an identification
described in paragraph (3).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual,
any of the following:
``(A) A current and valid motor vehicle license
issued by the District of Columbia or any other current
and valid photo identification of the individual which
is issued by the District of Columbia or the
identification number for such motor vehicle license or
photo identification.
``(B) A current and valid United States passport, a
current and valid military photo identification, or any
other current and valid photo identification of the
individual which is issued by the Federal government.
``(C) Any current and valid photo identification of
the individual which is issued by a Tribal Government.
``(D) A student photo identification issued by a
secondary school (as such term is defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or an institution of higher
education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
``(E) The last 4 digits of the individual's social
security number.
``(4) Ensuring proof of residence.--If an individual
presents or submits an identification described in paragraph
(3) which does not include the address of the individual's
residence, the District of Columbia election official may not
provide a ballot to the individual unless the individual
presents or submits a document or other written information
from a third party which--
``(A) provides the address of the individual's
residence; and
``(B) such document or other written information is
of sufficient validity such that the election official
is reasonably certain as to the identity of the
individual.
``(c) Provision of Identification Without Cost to Indigent
Individuals.--If the District of Columbia charges an individual a fee
for an identification described in subsection (b)(3) and the individual
provides an attestation that the individual is unable to afford the
fee, the District of Columbia shall provide the identification to the
individual at no cost.
``(d) Special Rule With Respect to Sincerely Held Religious
Beliefs.--In the case of an individual who is unable to comply with the
requirements of subsection (b) due to sincerely held religious beliefs,
the District of Columbia shall provide such individual with an
alternative identification that shall be deemed to meet the
requirements of an identification described in subsection (b)(3).
``(e) Designation of District of Columbia Agency To Provide Copies
of Identification.--The Mayor of the District of Columbia shall
designate an agency of the District of Columbia government to provide
an individual with a copy of an identification described in subsection
(b)(3) at no cost to the individual for the purposes of meeting the
requirement under subsection (b)(2).
``(f) Inclusion of Photos in Poll Books.--
``(1) Methods for obtaining photos.--
``(A) Provision of photos by offices of district of
columbia government.--If any office of the District of
Columbia government has a photograph or digital image
of the likeness of an individual who is eligible to
vote in a District of Columbia election, the office, in
consultation with the chief election official of the
District of Columbia, shall provide access to the
photograph or digital image to the chief election
official of the District of Columbia.
``(B) Taking of photos at polling place.--If a
photograph or digital image of an individual who votes
in person at a polling place is not included in the
poll book which contains the name of the individuals
who are eligible to vote in the District of Columbia
election and which is used by election officials to
provide ballots to such eligible individuals, the
appropriate election official shall take a photograph
of the individual and provide access to the photograph
to the chief election official of the District of
Columbia.
``(C) Copies of photos provided by individuals not
voting in person.--The election official who receives a
copy of an identification described in subsection
(b)(3) which is submitted by an individual who desires
to vote other than in person at a polling place shall
provide access to the copy of the identification to the
chief election official of the District of Columbia.
``(2) Inclusion in poll books.--The chief election official
of the District of Columbia shall ensure that a photograph,
digital image, or copy of an identification for which access is
provided under paragraph (1) is included in the poll book which
contains the name of the individuals who are eligible to vote
in the District of Columbia election and which is used by
election officials to provide ballots to such eligible
individuals.
``(3) Protection of privacy of voters.--The appropriate
election officials of the District of Columbia shall ensure
that any photograph, digital image, or copy of an
identification which is included in a poll book under this
subsection is not used for any purpose other than the
administration of District of Columbia elections and is not
provided or otherwise made available to any other person except
as may be necessary to carry out that purpose.
``(g) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(h) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter List Maintenance
Act'.
``(b) Annual List Maintenance.--
``(1) Requirements.--
``(A) In general.--The District of Columbia shall
carry out annually a program to remove ineligible
persons from the official list of persons registered to
vote in the District of Columbia, as required by
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and pursuant to the procedures
described in subparagraph (B).
``(B) Removal from voter rolls.--In the case of a
registrant from the official list of eligible voters in
District of Columbia elections who has failed to vote
in a District of Columbia election during a period of
two consecutive years, the District of Columbia shall
send to such registrant a notice described in section
8(d)(2) of the National Voter Registration Act of 1993
(52 U.S.C. 20507(d)(2)) and shall remove the registrant
from the official list of eligible voters in District
of Columbia elections if--
``(i) the registrant fails to respond to
such notice; and
``(ii) the registrant has not voted or
appeared to vote in a District of Columbia
election during the period beginning the date
such notice is sent and ending the later of 4
years after the date such notice is sent or
after two consecutive District of Columbia
general elections have been held.
``(2) Timing.--In the case of a year during which a
regularly scheduled District of Columbia election is held, the
District of Columbia shall carry out the program described in
paragraph (1) not later than 90 days prior to the date of the
election.
``(c) Prohibiting Same-Day Registration.--The District of Columbia
may not permit an individual to vote in a District of Columbia election
unless, not later than 30 days prior to the date of the election, the
individual is duly registered to vote in the election.
``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN
THIRD PARTIES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Election Fraud Prevention
Act'.
``(b) In General.--The District of Columbia may not permit an
individual to knowingly collect and transmit a ballot in a District of
Columbia election that was mailed to another person, other than an
individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(c) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.
``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Timely Reporting of
Election Results Act'.
``(b) Time for Processing Ballots and Reporting Results.--The
District of Columbia shall begin processing ballots received by mail in
a District of Columbia election as soon as such ballots are received
and shall ensure that the results of such District of Columbia election
are reported to the public not later than 12 hours after the closing of
polls on the date of the election, but in no case shall such ballots be
tabulated or such results be reported earlier than the closing of polls
on the date of the election.
``(c) Requirement To Publish Number of Voted Ballots on Election
Day.--The District of Columbia shall, as soon as practicable after the
closing of polls on the date of a District of Columbia election, make
available on a publicly accessible website the total number of voted
ballots in the possession of election officials in the District of
Columbia as of the time of the closing of polls on the date of such
election, which shall include, as of such time--
``(1) the number of voted ballots delivered by mail;
``(2) the number of ballots requested for such election by
individuals who are entitled to vote by absentee ballot under
the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.); and
``(3) the number of voted ballots for such election
received from individuals who are entitled to vote by absentee
ballot under the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.), including from
individuals who, under such Act, voted by absentee ballot
without requesting such a ballot.
``(d) Requirements To Ensure Bipartisan Election Administration
Activity.--With respect to a District of Columbia election, District of
Columbia election officials shall ensure that all activities are
carried out in a bipartisan manner, which shall include a requirement
that, in the case of an election worker who enters a room which
contains ballots, voting equipment, or non-voting equipment as any part
of the election worker's duties to carry out such election, the
election worker is accompanied by an individual registered to vote with
respect to a different political party than such election worker, as
determined pursuant to the voting registration records of the District
of Columbia.
``SEC. 326. BAN ON NONCITIZEN VOTING.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Citizen Voter Act'.
``(b) Ban on Noncitizen Voting.--No individual may vote in a
District of Columbia election unless the individual is a citizen of the
United States.
``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Provisional Ballot Reform
Act'.
``(b) In General.--Except as provided in subsection (c), the
District of Columbia shall permit an individual to cast a provisional
ballot pursuant to section 302 if--
``(1) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but the name of the
individual does not appear on the official list of eligible
voters for the polling place or an election official asserts
that the individual is not eligible to vote; or
``(2) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but does not provide an
identification required under section 322, except that the
individual's provisional ballot shall not be counted in the
election unless the individual provides such identification to
the chief State election official of the District of Columbia
not later than 5:00 pm on the second day which begins after the
date of the election.
``(c) Requirements With Respect to Counting Provisional Ballots in
Certain Cases.--If the name of an individual who is a registered voter
in the District of Columbia and eligible to vote in a District of
Columbia election appears on the official list of eligible voters for a
polling place in the District of Columbia, such individual may cast a
provisional ballot pursuant to section 302 for such election at a
polling place other than the polling place with respect to which the
name of the individual appears on the official list of eligible voters,
except that the individual's provisional ballot shall not be counted in
the election unless the individual demonstrates pursuant to the
requirements under section 302 that the individual is a registered
voter in the jurisdiction of the polling place at which the individual
cast such ballot.
``SEC. 328. MANDATORY POST-ELECTION AUDITS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mandatory Post-Election
Audits Act'.
``(b) Requirement for Post-Election Audits.--
``(1) Requirement.--Not later than 30 days after each
District of Columbia election, the District of Columbia shall
conduct and publish an audit of the effectiveness and accuracy
of the voting systems, nonvoting election technology (as
defined in section 298C), election procedures, and outcomes
used to carry out the election and the performance of the
election officials who carried out the election, but in no case
shall such audit be completed later than 2 business days before
the deadline to file an election contest under the laws of the
District of Columbia.
``(2) Independence of auditor.--No individual who
participates in conducting the audit required under this
section may be an employee or contractor of an office of the
District of Columbia which is responsible for the
administration of District of Columbia elections or of a
subsidiary or affiliate of such an office.
``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Public Observation of
Election Procedures Act'.
``(b) Designated Representatives of Candidates, Political Parties,
and Committees Affiliated With Ballot Initiatives.--
``(1) Authority to observe procedures.--An individual who
is not a District of Columbia election official may observe
election procedures carried out in a District of Columbia
election, as described in paragraph (2), if the individual is
designated to observe such procedures by a candidate in the
election, a political party, or a committee affiliated with a
ballot initiative or referendum in the election.
``(2) Authority and procedures described.--The authority of
an individual to observe election procedures pursuant to this
subsection is as follows:
``(A) The individual may serve as a poll watcher to
observe the casting and tabulation of ballots at a
polling place on the date of the election or on any day
prior to the date of the election on which ballots are
cast at early voting sites, and may challenge the
casting or tabulation of any such ballot.
``(B) The individual may serve as a poll watcher to
observe the canvassing and processing of absentee or
other mail-in ballots, including the procedures for
verification of signed certificates of transmission
under section 330(c)(2).
``(C) The individual may observe the recount of the
results of the election at any location at which the
recount is held, and may challenge the tabulation of
any ballot tabulated pursuant to the recount.
``(3) Provision of credentials.--The chief State election
official of the District of Columbia shall provide each
individual who is authorized to observe election procedures
under paragraph (1) with appropriate credentials to enable the
individual to observe such procedures.
``(4) Exception for candidates and law enforcement
officers.--An individual may not serve as a poll watcher under
subparagraph (A) or (B) of paragraph (2), and the chief State
election official of the District of Columbia may not provide
the individual with credentials to enable the individual to
serve as a poll watcher under such subparagraph, if the
individual is a candidate in the election or a law enforcement
officer.
``(c) Other Individuals.--
``(1) Petition for observer credentials.--In addition to
the individuals described in subsection (b), any individual,
including an individual representing or affiliated with a
domestic or international organization, may petition the chief
State election official of the District of Columbia to provide
the individual with credentials to observe election procedures
carried out in a District of Columbia election, as described in
subsection (b).
``(2) Authority described.--If the chief State election
official provides an individual with credentials under
paragraph (1), the individual shall have the same authority to
observe election procedures carried out in the election as an
individual described in subsection (b), except that the
individual may not challenge the casting, tabulation,
canvassing, or processing of any ballot in the election.
``(3) Exception for candidates and law enforcement
officers.--The chief State election official of the District of
Columbia may not provide an individual who is a candidate in
the election or a law enforcement officer with credentials to
serve as a poll watcher, as described in subparagraph (A) or
(B) of subsection (b)(2).
``(d) Authority of Members of Public To Observe Testing of
Equipment.--In addition to the authority of individuals to observe
procedures under subsections (b) and (c), any member of the public may
observe the testing of election equipment by election officials prior
to the date of the election.
``(e) Prohibiting Limits on Ability To View Procedures.--An
election official may not obstruct the ability of an individual who is
authorized to observe an election procedure under this section to view
the procedure as it is being carried out.
``(f) Prohibition Against Certain Restrictions.--An election
official may not require that an individual who observes election
procedures under this section stays more than 3 feet away from the
procedure as it is being carried out.
``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mail Balloting Reform
Act'.
``(b) Prohibiting Transmission of Unsolicited Ballots.--The
District of Columbia may not transmit an absentee or other mail-in
ballot for a District of Columbia election to any individual who does
not request the District of Columbia to transmit the ballot.
``(c) Signature Verification.--
``(1) Inclusion of certificate with ballot.--The District
of Columbia shall include with each absentee or other mail-in
ballot transmitted for a District of Columbia election a
certificate of transmission which may be signed by the
individual for whom the ballot is transmitted.
``(2) Requiring verification for ballot to be counted.--
Except as provided in subsection (d), the District of Columbia
may not accept an absentee or other mail-in ballot for a
District of Columbia election unless--
``(A) the individual for whom the ballot was
transmitted--
``(i) signs and dates the certificate of
transmission included with the ballot under
paragraph (1); and
``(ii) includes the signed certification
with the ballot and the date on such
certification is accurate and in no case later
than the date of the election; and
``(B) the individual's signature on the ballot
matches the signature of the individual on the official
list of registered voters in the District of Columbia
or other official record or document used by the
District of Columbia to verify the signatures of
voters.
``(d) Notice and Opportunity To Cure.--
``(1) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election and the
appropriate District of Columbia election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the District of Columbia or other official
record or document used by the District of Columbia to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such ballot,
shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
the individual on the official list of
registered voters in the District of Columbia
or other official record or document used by
the District of Columbia to verify the
signatures of voters; and
``(ii) if such discrepancy is not cured
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual of the discrepancy, such ballot
will not be counted; and
``(B) cure such discrepancy and count the ballot
if, prior to the expiration of the 48-hour period
described in subparagraph (A)(ii), the individual
provides the official with information to cure such
discrepancy, either in person, by telephone, or by
electronic methods.
``(2) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election without a
signature on the ballot or the certificate of transmission
included with the ballot under subsection (c)(1) or submits an
absentee ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the appropriate
District of Columbia election official, prior to making a final
determination as to the validity of the ballot, shall--
``(A) make a good faith effort to immediately
notify the individual either by mail, telephone, or (if
available) text message and electronic mail that--
``(i) the ballot or certificate of
transmission did not include a signature or has
some other defect; and
``(ii) if the individual does not provide
the missing signature or cure the other defect
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual that the ballot or certificate
of transmission did not include a signature or
has some other defect, such ballot will not be
counted; and
``(B) count the ballot if, prior to the expiration
of the 48-hour period described in subparagraph
(A)(ii), the individual provides the official with the
missing signature on a form proscribed by the District
of Columbia or cures the other defect.
This paragraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(e) Deadline for Acceptance.--
``(1) Deadline.--Except as provided in paragraph (2), the
District of Columbia may not accept an absentee or other mail-
in ballot for a District of Columbia election which is received
by the appropriate election official following the close of
polls on Election Day.
``(2) Exception for absent military and overseas voters.--
Paragraph (1) does not apply to a ballot cast by an individual
who is entitled to vote by absentee ballot under the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).
``(3) Rule of construction.--Nothing in this subsection may
be construed as prohibiting the District of Columbia from
accepting an absentee or other mail-in ballot for a District of
Columbia election that is delivered in person by the voter to
an election official at an appropriate polling place or the
District of Columbia Board of Elections if such ballot is
received by the election official by the deadline described in
paragraph (1).
``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Ballot Security Act'.
``(b) Requirements.--With respect to a District of Columbia
election, the District of Columbia may not use a drop box to accept a
voted absentee or other mail-in ballot for any such election unless--
``(1) any such drop box is located inside a District of
Columbia government building or facility;
``(2) the District of Columbia provides for the security of
any such drop box through 24-hour remote or electronic
surveillance; and
``(3) the District of Columbia Board of Elections collects
any ballot deposited in any such drop box each day after 5:00
p.m. (local time) during the period of the election.
``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO
FEDERAL ELECTIONS.
``With respect to an election for Federal office in the District of
Columbia, to the extent that there is any inconsistency with the
requirements of this subtitle and the requirements of subtitle A, the
requirements of this subtitle shall apply.
``SEC. 333. PROHIBITING THE USE OF RANKED CHOICE VOTING.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia One Vote One Choice Act'.
``(b) Prohibition.--The District of Columbia may not carry out a
District of Columbia election using a system of ranked choice voting
under which each voter shall rank the candidates for the office in the
order of the voter's preference.
``SEC. 334. EARLY VOTING.
``(a) Requiring Early Voting.--
``(1) In general.--The District of Columbia shall allow
individuals to vote in person in a District of Columbia
election during an early voting period which occurs prior to
the date of the election, in the same manner as in person
voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to a District of Columbia
election shall consist of not more than 10 days during the
period of consecutive days (including weekends) which begins on
the 14th day before the date of the election and ends on the
date of the election.
``(b) Polling Place Requirements.--Each polling place which allows
voting during an early voting period under subsection (a) shall have
the same hours for each day on which such voting occurs as the polling
place has on the date of the election.
``SEC. 335. DISTRICT OF COLUMBIA ELECTION DEFINED.
``In this subtitle, the term `District of Columbia election' means
any election for public office in the District of Columbia, including
an election for Federal office, and any ballot initiative or
referendum.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking the period at the end
and inserting the following: ``, and the requirements of subtitle C
with respect to the District of Columbia.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Requirements for Elections in District of Columbia
``Sec. 321. Statement of Congressional authority; findings.
``Sec. 322. Requirements for photo identification.
``Sec. 323. Requirements for voter registration.
``Sec. 324. Ban on collection and transmission of ballots by
certain third parties.
``Sec. 325. Timely processing and reporting of results.
``Sec. 326. Ban on noncitizen voting.
``Sec. 327. Requirements with respect to provisional ballots.
``Sec. 328. Mandatory post-election audits.
``Sec. 329. Public observation of election procedures.
``Sec. 330. Requirements for voting by mail-in ballot.
``Sec. 331. Requirements with respect to use of drop boxes.
``Sec. 332. Special rule with respect to application of
requirements to Federal elections.
``Sec. 333. Prohibiting the use of ranked choice voting.
``Sec. 334. Early voting.
``Sec. 335. District of Columbia election defined.
SEC. 144. REPEAL OF LOCAL RESIDENT VOTING RIGHTS AMENDMENT ACT OF 2022.
The Local Resident Voting Rights Amendment Act of 2022 (D.C. Law
24-242) is repealed, and any provision of law amended or repealed by
such Act shall be restored or revived as if such Act had not been
enacted into law.
SEC. 145. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
District of Columbia elections held on or after January 1, 2024. For
purposes of this section, the term ``District of Columbia election''
has the meaning given such term in section 333 of the Help America Vote
Act of 2002, as added by section 143(a).
Subtitle E--Administration of the Election Assistance Commission
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Positioning the Election
Assistance Commission for the Future Act of 2023''.
SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION
ASSISTANCE COMMISSION.
Congress finds the following:
(1) The Election Assistance Commission best serves the
American people when operating within its core statutory
functions, including serving as a clearinghouse for information
on election administration, providing grants, and testing and
certifying election equipment.
(2) The American people are best served when Federal agency
election assistance is offered by a single agency with
expertise in this space. The Election Assistance Commission,
composed of four election experts from different political
parties, is best situated among the Federal government agencies
to offer assistance services to citizens and to guide other
Federal agencies that have responsibilities in the elections
space. The Commission is also best suited to determine the
timing of the issuance of any advisories and to disburse all
appropriated election grant funding.
(3) To this end, Congress finds that the Election
Assistance Commission should be viewed as the lead Federal
government agency on all election administration matters, and
other Federal agencies operating in this space should look to
the Commission for guidance, direction, and support on election
administration-related issues.
SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE
ELECTION ASSISTANCE COMMISSION.
(a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional
personnel'' and inserting ``of not more than 55 full-time equivalent
employees to carry out the duties and responsibilities under this Act
and the additional duties and responsibilities required under the
American Confidence in Elections Act''.
(b) Funding.--Section 210 of the Help America Vote Act of 2002 (52
U.S.C. 20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2024
through 2026''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)'' and inserting ``(but not to exceed $25,000,000 for
each such year)''.
(c) Prohibition on Certain Use of Funds.--
(1) Prohibition.--None of the funds authorized to be
appropriated or otherwise made available under subsection (b)
may be obligated or expended for the operation of an advisory
committee established by the Election Assistance Commission
pursuant to and in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2), except with
respect to the operation of the Local Leadership Council.
(2) No effect on entities established by help america vote
act of 2002.--Paragraph (1) does not apply with respect to the
operation of any entity established by the Help America Vote
Act of 2002, including the Election Assistance Commission
Standards Board, the Election Assistance Commission Board of
Advisors, and the Technical Guidelines Development Committee.
(d) Requirements With Respect to Compensation of Members of the
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52
U.S.C. 20923(d)) is amended--
(1) in paragraph (1), by striking ``at the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code'' and
inserting ``at an annual rate of basic pay equal to the lesser
of the amount of $176,300, as adjusted under section 5318 of
title 5, United States Code, in the same manner as the annual
rate of pay for positions at each level of the Executive
Schedule, or 90 percent of the annual rate of pay for a member
of the Federal Election Commission (but in no case lower than
the rate applicable for the pay period occurring on the date of
the enactment of the ACE Act)'';
(2) in paragraph (2), by striking ``No member appointed''
and inserting ``Except as provided in paragraph (3), no member
appointed''; and
(3) by adding at the end the following new paragraph:
``(3) Supplemental employment and compensation.--An
individual serving a term of service on the Commission shall be
permitted to hold a position at an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) if--
``(A) the General Counsel of the Election
Assistance Commission determines that such position
does not create a conflict of interest with the
individual's position as a sitting member of the
Commission and grants the individual approval to hold
the position; and
``(B) the annual rate of compensation received by
the individual from such institution is not greater
than the amount equal to 49.9% of the annual rate of
basic pay paid to the individual under paragraph
(1).''.
(e) Office of Inspector General.--Section 204 of the Help America
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the
following new subsection:
``(f) Office of Inspector General.--In consultation with the Office
of the Inspector General of the Commission, the Commission shall
establish annually a budget and a number of full-time equivalent
employees for the Office of the Inspector General which will ensure
that the Office has sufficient funding and personnel to carry out the
duties and responsibilities under section 404 of title 5, United States
Code.''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2025.
SEC. 154. GENERAL REQUIREMENTS FOR PAYMENTS MADE BY ELECTION ASSISTANCE
COMMISSION.
(a) Exclusive Authority of Election Assistance Commission To Make
Election Administration Payments to States.--No entity of the Federal
Government other than the Election Assistance Commission may make any
payment to a State for purposes of administering elections for Federal
office, including obtaining election and voting equipment and
infrastructure (including software), enhancing election and voting
technology, and making election and voting security improvements,
including with respect to cybersecurity and infrastructure (including
software).
(b) Prohibiting Use of Payments for Get-Out-the-Vote-Activity;
Other Requirements for Payments Made by Commission.--Subtitle D of
title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.)
is amended by adding at the end the following new part:
``PART 7--GENERAL REQUIREMENTS FOR PAYMENTS
``SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT-THE-VOTE-ACTIVITY.
``(a) Prohibition.--No payment made to a State or unit of local
government by the Commission under this Act or any other Act or any
other Federal funds made available to a State or unit of local
government may be used for get-out-the-vote activity.
``(b) Definition.--In this section, the term `get-out-the-vote
activity' means, with respect to a payment made to a State or unit of
local government, any activity which, at the time the payment is made,
is treated as get-out-the-vote-activity under the Federal Election
Campaign Act of 1971 and the regulations promulgated by the Federal
Election Commission to carry out such Act, or similar activity which is
targeted, or may be reasonably assumed to be targeted, at particular
voters and groups of voters on the basis of political affiliation,
their expected votes, their place of residence, or some other
demographic factor.''.
(c) Requiring Disclaimer in Communications.--Part 7 of subtitle D
of title II of such Act, as added by subsection (b), is amended by
adding at the end the following new section:
``SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE
DISCLAIMER.
``(a) Requirement.--If a State or unit of local government
disseminates a public communication which was developed or disseminated
in whole or in part with a payment made to the State or a unit of local
government by the Commission under this Act or any other Act, the State
or unit of local government shall ensure that the communication
includes, in a clear and conspicuous manner, the following statement:
`Paid for using Federal taxpayer funds pursuant to the Help America
Vote Act'.
``(b) Clear and Conspicuous Manner Described.--A statement required
under subsection (a) shall be considered to be in a clear and
conspicuous manner if the statement meets the following requirements:
``(1) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(A) appears in letters at least as legible as the
majority of the text in the communication;
``(B) is contained in a printed box set apart from
the other contents of the communication; and
``(C) is printed with a reasonable degree of color
contrast between the background and the printed
statement.
``(2) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible and
intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(3) Video communications.--In the case of a video
communication, the statement--
``(A) is included at either the beginning or the
end of the communication; and
``(B) is made in a written format that meets the
requirements of subparagraphs (A) and (C) of paragraph
(1) and appears for at least 4 seconds.
``(4) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in paragraph (1), (2),
or (3).
``(c) Public Communication.--In this section, the term `public
communication' means a communication relating to the administration of
an election for Federal office by means of any broadcast, cable, or
satellite communication, internet communication, newspaper, magazine,
outdoor advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public advertising.
``SEC. 297B. GUIDANCE ON USE OF PAYMENTS.
``(a) Requiring Establishment and Publication on Guidance.--The
Commission shall establish and publish clear guidance on the
permissible use of any payments made by the Commission to States and
units of local government under this Act or any other Act.
``(b) Requirements for Guidance.--The guidance established under
this section shall meet the following requirements:
``(1) The guidance shall be consistent for all States and
units of local government.
``(2) The guidance shall be available to the public.
``(3) If the Commission revises any previously established
and published guidance under this section, the revision may not
take effect until after the next regularly scheduled general
election for Federal office, and the Commission shall provide
and publish its reasons for the revision.
``(c) Application of Guidance to Audits.--If the Commission
conducts any audit of the use of a payment to a State or unit of local
government, it shall base the audit on the compliance of the State or
unit of local government with the applicable guidance under this
section and the applicable requirements of this Act.
``(d) Uniform Terms for Reports.--In cooperation and consultation
with States, the Commission shall establish a set of uniform terms for
States and units of local government to use for any reports submitted
to the Commission on the use of payments made by the Commission under
this Act or any other Act.''.
(d) Clerical Amendment.--The table of contents of such Act is
amended by inserting at the end of the items relating to subtitle D of
title II the following:
``Part 7--General Requirements for Payments
``Sec. 297. Prohibiting use of payments for get-out-the-vote-activity.
``Sec. 297A. Requiring communications funded by payments to include
disclaimer.
``Sec. 297B. Guidance on use of payments.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to payments made on or after the date
that is 30 days after the date of the enactment of this Act.
SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER
INTO CONTRACTS.
Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C.
20943(c)) is amended by adding at the end the following new paragraph:
``(5) Authority to enter into contracts.--The Executive
Board of the Standards Board may, using amounts already made
available to the Commission, enter into contracts to employ and
retain no more than 2 individuals to enable the Standards Board
to discharge its duties with respect to the examination and
release of voluntary considerations with respect to the
administration of elections for Federal offices by the States
under section 247, except that--
``(A) no more than 1 individual from the same
political party may be employed under such contracts at
the same time;
``(B) the authority to enter into such contracts
shall end on the earlier of the date of the release of
the considerations or December 31, 2025; and
``(C) no additional funds may be appropriated to
the Commission for the purposes of carrying out this
paragraph.''.
SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION
ADMINISTRATION ASSISTANCE.
(a) In General.--Except as provided in any other provision of law,
the Election Assistance Commission shall, with respect to any other
entity of the Federal Government, have primary jurisdiction to address
issues with respect to the administration of elections for Federal
office.
(b) Exclusive Authority of Election Assistance Commission To
Develop Voluntary Guidelines With Respect to Voting Systems and
Nonvoting Technology.--No entity of the Federal Government other than
the Election Assistance Commission may develop, adopt, issue, or
oversee voluntary guidelines with respect to voting systems and any
related nonvoting election technology, as defined in section 298C of
the Help America Vote Act of 2002 (as added by section 129(b)) that are
used in elections for Federal office.
SEC. 157. CLARIFICATION OF THE DUTIES OF THE ELECTION ASSISTANCE
COMMISSION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922)
is amended--
(1) by striking ``The Commission shall serve'' and
inserting the following:
``(a) In General.--The Commission shall serve'';
(2) in paragraph (1), by striking ``including the
maintenance of a clearinghouse of information on the
experiences of State and local governments in implementing the
guidelines and in operating voting systems in general'' and
inserting ``including, in cooperation with and for the benefit
of the States and their political subdivisions, the maintenance
and operation of a Federal forum for the States and their
political subdivisions to discuss with other States and their
political subdivisions their experiences with election
administration processes, equipment, operations, training, and
scheduling, as well as any other useful information relating to
State administration of elections for Federal office (as
described in subsection (b))'';
(3) in paragraph (2), by inserting ``, including any
related nonvoting election technology, as defined in section
298C of the Help America Vote Act of 2002'' after ``hardware
and software''; and
(4) by adding at the end the following new subsections:
``(b) Federal Forum for Discussion of Election Administration
Experiences.--
``(1) Membership.--The membership of the Federal forum
described in paragraph (1) of subsection (a) shall be comprised
of the membership of the Standards Board and of the Local
Leadership Council.
``(2) Maintenance of clearinghouse.--As part of such
Federal forum, the Commission shall, on behalf of and for the
benefit of the States and their political subdivisions,
maintain and operation a national clearinghouse of relevant
information developed by or provided to the Federal forum with
respect to State administration of elections for Federal
office. The Commission may also include other information
related to election administration that it considers useful to
State and local election administrators who administer
elections for Federal office, except that the Commission may
not endorse a private third party, the information provided or
published by a private third party, or use such information in
a way that suggests that the information was created or
endorsed by the Commission.
``(c) Special Rule With Respect to Prioritization of Duties.--The
Commission shall--
``(1) prioritize carrying out the duties described in
paragraphs (1), (2), and (4) of subsection (a);
``(2) retain personnel qualified to assist the Commission
in carrying out such duties; and
``(3) prioritize such duties in all budget requests.''.
SEC. 158. ELECTION ASSISTANCE COMMISSION POWERS.
Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 20925)
is amended by adding at the end the following new subsection:
``(f) Concurrent Transmissions to Congress.--
``(1) Budget estimate or request.--Whenever the Commission
submits any budget estimate or request to the President or the
Director of the Office of Management and Budget, the Commission
shall concurrently transmit a copy of such estimate or request
to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate.
``(2) Legislative recommendation, testimony, or comments.--
Whenever the Commission submits any legislative recommendation,
testimony, or comments on legislation requested by Congress or
by any Member of Congress to the President or the Office of
Management and Budget, it shall concurrently transmit a copy
thereof to Congress or to the Member of Congress involved (as
the case may be). No officer or agency of the United States
shall have any authority to require the Commission to submit
its legislative recommendations, testimony, or comments on
legislation to any office or agency of the United States for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to the Congress or
Member of Congress under the previous sentence.''.
SEC. 159. MEMBERSHIP OF THE LOCAL LEADERSHIP COUNCIL.
Subtitle C of title II of the Help America Vote Act of 2002 (52
U.S.C. 20981 et seq.) is amended by adding at the end the following new
section:
``SEC. 248. MEMBERSHIP OF THE LOCAL LEADERSHIP COUNCIL.
``In appointing members of the Local Leadership Council, the
Commission shall ensure that members who represent the same State are
not of the same political affiliation in their professional capacities
and should reflect the goal of soliciting diverse opinions and
ideas.''.
SEC. 160. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed as providing the Election Assistance Commission with
additional regulatory authority, other than the regulatory authority
required to carry out the requirements and duties under this subtitle
and the amendments made by this subtitle.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) Short Title.--This section may be cited as the ``American
Confidence in Elections: Keeping Foreign Money out of Ballot Measures
Act''.
(b) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
``(a) Prohibition.--It shall be unlawful for a foreign national,
directly or indirectly, to make a contribution as such term is defined
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to
make an express or implied promise to make a contribution or donation,
in connection with a State or local ballot initiative or referendum.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $250,000, imprisoned for not more than 5 years, or
both.
``(c) Foreign National Defined.--In this section, the term `foreign
national' has the meaning given such term in section 319(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).''.
(c) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Foreign nationals making certain political contributions.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to contributions and donations made on or after the date
of the enactment of this Act.
SEC. 162. PROHIBITING PROVIDING ASSISTANCE TO FOREIGN NATIONALS IN
MAKING CONTRIBUTIONS OR DONATIONS IN CONNECTION WITH
ELECTIONS.
(a) Prohibition.--Section 319(a) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(C), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a person to knowingly help or assist a foreign
national in violating this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to contributions and donations made on or after the date
of the enactment of this Act.
SEC. 163. PROHIBITION ON CONTRIBUTIONS BY FOREIGN NATIONALS TO CERTAIN
TAX-EXEMPT ENTITIES.
(a) In General.--Section 319(a)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(a)(1)), as amended by section 162(a), is
amended--
(1) in subparagraph (C), by adding ``or'' at the end;
(2) by adding at the end the following new subparagraph:
``(D) a contribution or donation of money or other
thing of value to an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code if
the organization makes or expects to make a
contribution to a political committee during the 4-year
period which begins on the date that the foreign
national made such contribution or donation to the
organization; or''.
(b) Rule of Construction Regarding Privacy of Donor Information.--
Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the
end the following new subsection:
``(c) Rule of Construction.--Nothing in paragraph (1)(D) of
subsection (a) may be construed to permit the collection, submission,
or disclosure of any information in violation of the Speech Privacy Act
of 2023.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contributions made on or after the date of the
enactment of this Act.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Solving an Overlooked Loophole
in Votes for Executives (SOLVE) Act''.
SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.
(a) Establishment.--There is established the ``Twentieth Amendment
Section Four Panel'' (in this section referred to as the ``Panel'').
(b) Membership.--
(1) In general.--The Panel shall be composed of 6
constitutional experts, of whom--
(A) 1 shall be appointed by the majority leader of
the Senate;
(B) 1 shall be appointed by the minority leader of
the Senate;
(C) 1 shall be appointed jointly by the majority
and minority leader of the Senate;
(D) 1 shall be appointed by the Speaker of the
House of Representatives;
(E) 1 shall be appointed by minority leader of the
House of Representatives; and
(F) 1 shall be appointed jointly by the Speaker of
the House of Representatives and the minority leader of
the House of Representatives.
(2) Date.--The appointments of the members of the Panel
shall be made not later than 180 days after the date of
enactment of this Act.
(3) Vacancy.--Any vacancy occurring in the membership of
the Panel shall be filled in the same manner in which the
original appointment was made.
(4) Chairperson and vice chairperson.--The Panel shall
select a Chairperson and Vice Chairperson from among the
members of the Panel.
(c) Purpose.--The purpose of the Panel shall be to recommend to
Congress model legislation, which shall provide for an appropriate
process, pursuant to section 4 of the Twentieth Amendment to the United
States Constitution, to resolve any vacancy created by the death of a
candidate in a contingent presidential or vice-presidential election.
(d) Reports.--
(1) Initial report.--Not later than 1 year after the date
on which all of the appointments have been made under
subsection (b)(2), the Panel shall submit to Congress an
interim report containing the Panel's findings, conclusions,
and recommendations.
(2) Final report.--Not later than 6 months after the
submission of the interim report under paragraph (1), the Panel
shall submit to Congress a final report containing the Panel's
findings, conclusions, and recommendations.
(e) Meetings; Information.--
(1) In general.--Meetings of the Panel shall be held at the
Law Library of Congress.
(2) Information.--The Panel may secure from the Law Library
of Congress such information as the Panel considers necessary
to carry out the provisions of this section.
(f) Funds.--
(1) Compensation of members.--Members of the Panel shall
receive no compensation.
(2) Other funding.--No amounts shall be appropriated for
the purposes of this section, except for any amounts strictly
necessary for the Law Library of Congress to execute its
responsibilities under subsection (e).
(g) Termination.--
(1) In general.--The panel established under subsection (a)
shall terminate 90 days after the date on which the panel
submits the final report required under subsection (d)(2).
(2) Records.--Upon termination of the panel, all of its
records shall become the records of the Secretary of the Senate
and the Clerk of the House of Representatives.
TITLE II--MILITARY VOTING ADMINISTRATION
SEC. 200. SHORT TITLE.
This title may be cited as the ``American Confidence in Elections:
Military Voting Rights Study Act of 2023''.
Subtitle A--Findings Relating to Military Voting
SEC. 201. FINDINGS RELATING TO MILITARY VOTING.
Congress finds the following:
(1) Participation in the voting process by Americans who
serve in the Armed Forces is vital to the future of the
Republic; however, due to the realities of service around the
globe and despite many best efforts, the Nation has not always
lived up to its commitment to servicemembers that their vote be
counted.
(2) The Military and Overseas Empowerment (MOVE) Act made
great progress in solving problems with voting that many
servicemembers faced. Yet, for many, it is still difficult to
exercise the franchise, with many ballots not reaching State
elections officials until after the deadline, negating their
voice. After 14 years, Congress must address the remaining
issues.
(3) Congress finds that it is a moral imperative of
national importance that every eligible American servicemember
has the opportunity to cast a ballot in each election and, not
only that such ballot be received in time to be counted, but
that it actually be counted according to law.
Subtitle B--GAO Analysis on Military Voting Access
SEC. 211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON IMPLEMENTATION OF
UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT AND
IMPROVING ACCESS TO VOTER REGISTRATION INFORMATION AND
ASSISTANCE FOR ABSENT UNIFORMED SERVICES VOTERS.
(a) In General.--The Comptroller General of the United States shall
conduct--
(1) an analysis of the effectiveness of the Federal
Government in carrying out its responsibilities under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.) to promote access to voting for absent uniformed
services voters; and
(2) a study on means for improving access to voter
registration information and assistance for members of the
Armed Forces and their family members.
(b) Elements.--
(1) Analysis.--The analysis required by subsection (a)(1)
shall include analysis of the following:
(A) Data and information pertaining to the
transmission of ballots to absent unformed services
voters.
(B) Data and information pertaining to the methods
of transmission of voted ballots from absent uniformed
services voters, including the efficacy and security of
such methods.
(C) Data and information pertaining to the
treatment by election officials of voted ballots
transmitted by absent uniformed services voters,
including--
(i) the rate at which such ballots are
counted in elections;
(ii) the rate at which such ballots are
rejected in elections; and
(iii) the reasons for such rejections.
(D) An analysis of the effectiveness of the
assistance provided to absent uniformed services voters
by Voting Assistance Officers of the Federal Voting
Assistance Program of the Department of Defense.
(E) A review of the extent of coordination between
Voting Assistance Officers and State and local election
officials.
(F) Information regarding such other issues
relating to the ability of absent uniformed services
voters to register to vote, vote, and have their
ballots counted in elections for Federal office.
(G) Data and information pertaining to--
(i) the awareness of members of the Armed
Forces and their family members of the
requirement under section 1566a of title 10,
United States Code, that the Secretaries of the
military departments provide voter registration
information and assistance; and
(ii) whether members of the Armed Forces
and their family members received such
information and assistance at the times
required by subsection (c) of that section.
(2) Study.--The study required by subsection (a)(2) shall
include the following:
(A) An assessment of potential actions to be
undertaken by the Secretary of each military department
to increase access to voter registration information
and assistance for members of the Armed Forces and
their family members.
(B) An estimate of the costs and requirements to
fully meet the needs of members of the Armed Forces for
access to voter registration information and
assistance.
(c) Methods.--In conducting the analysis and study required by
subsection (a), the Comptroller General shall, in cooperation and
consultation with the Secretaries of the military departments--
(1) use existing information from available government and
other public sources; and
(2) acquire, through the Comptroller General's own
investigations, interviews, and analysis, such other
information as the Comptroller General requires to conduct the
analysis and study.
(d) Report Required.--Not later than September 30, 2025, the
Comptroller General shall submit to the Committee on Rules and
Administration of the Senate and the Committee on House Administration
of the House of Representatives a report on the analysis and study
required by subsection (a).
(e) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given that term in
section 107 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20310).
(2) Family member.--The term ``family member'', with
respect to a member of the Armed Forces, means a spouse and
other dependent (as defined in section 1072 of title 10, United
States Code) of the member.
TITLE III--FIRST AMENDMENT PROTECTION ACT
SEC. 300. SHORT TITLE.
This title may be cited as the ``First Amendment Protection Act''.
Subtitle A--Protecting Political Speech and Freedom of Association
PART 1--PROTECTING POLITICAL SPEECH
SEC. 301. FINDINGS.
Congress finds the following:
(1) The structure of the Constitution and its amendments
represents the radical idea that any sovereign power exercised
by the Federal government flows either directly from the people
or through the States they established to govern themselves. In
the words of the Ninth and Tenth Amendments, ``[t]he
enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people.'' ``The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.''.
(2) Among the many freedoms it protects, the First
Amendment prevents Congress from making any law abridging the
freedom of speech, the right of the people peaceably to
assemble, or the right of the people to petition the Government
for the redress of grievances.
(3) Any proposed Federal action concerning freedom of
speech, protest, or petition must start with an analysis of the
First Amendment. Congress must ask whether the proposed action
would abridge these freedoms, and any uncertainty must be
determined in favor of fewer restrictions on speech.
(4) In particular, political speech, uttered in the
furtherance of self-government, must raise an even higher bar
to congressional abridgement. The mechanisms and media used to
offer political speech must realize the same protections.
(5) As the Supreme Court has recognized, the Constitution
grants Congress only a very narrow interest in the regulation
of political speech, the prevention of corruption or the
appearance of corruption. Buckley v. Valeo, 424 U.S. 1, 25-26
(1976); Federal Election Commission v. National Conservative
Political Action Commission, 470 U.S. 480, 497 (1985); Citizens
United v. Federal Election Commission, 558 U.S. 310, 359
(2010); McCutcheon v. Federal Election Commission, 572 U.S.
185, 207 (2014); Cruz v. Federal Election Commission, 142 S.Ct.
1638, 1652 (2022).
(6) In order to uphold and effectuate the Constitution, any
Federal statute that goes beyond this interest must be
repealed, and Congress must exercise its article 1 authorities
to do so.
SEC. 302. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Repeal of Limits.--Section 315(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``may make expenditures'' and
inserting ``may make expenditures, including
coordinated expenditures,'', and
(B) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), (4), and (5).
(b) Clarifying Treatment of Certain Party Communications as
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C.
30116(d)), as amended by subsection (a), is amended by adding at the
end the following new paragraph:
``(2) For purposes of this subsection, a communication shall be
treated as a coordinated expenditure in connection with the campaign of
a candidate only if the public communication is paid for by a committee
of a political party or its agent, refers to a clearly identified House
or Senate candidate, and is publicly distributed or otherwise publicly
disseminated in the clearly identified candidate's jurisdiction.''.
(c) Conforming Amendment Relating to Indexing.--Section 315(c) of
such Act (52 U.S.C. 30116(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 303. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.
(a) Findings.--Congress finds that the Supreme Court of the United
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the
biennial aggregate limits under section 315(a)(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be
unconstitutional.
(b) Repeal.--Section 315(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
(c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C.
30116(c)) is amended by striking ``(a)(3),'' each place it appears in
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).
SEC. 304. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL
POLITICAL PARTY COMMITTEES.
(a) In General.--Section 315(a)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
(1) in subparagraph (B), by striking ``a national political
party'' and inserting ``a national or State political party'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Contributions by Multicandidate Political Committees.--
(1) In general.--Section 315(a)(2)(B) of such Act (52
U.S.C. 30116(a)(2)(B)) is amended by striking ``a national
political party'' and inserting ``a national or State political
party''.
(2) Price index adjustment.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) In any calendar year after 2024--
``(i) a limitation established by subsection (a)(2) shall
be increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(B) in paragraph (2)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for purposes of subsection (a)(2), calendar
year 2024.''.
(c) Acceptance of Additional Amounts for Certain Accounts.--
(1) Permitting acceptance of additional amounts in same
manner as national parties.--Section 315(a) of such Act (52
U.S.C. 30116(a)) is amended--
(A) in paragraph (1)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''; and
(B) in paragraph (2)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''.
(2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C.
30116(a)(9)) is amended by striking ``national committee of a
political party'' each place it appears in subparagraphs (A),
(B), and (C) and inserting ``committee of a national or State
political party''.
(3) State party convention accounts described.--Section
315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at
the end the following new paragraph:
``(10) An account described in this paragraph is a separate,
segregated account of a political committee established and maintained
by a State committee of a political party which is used solely to
defray--
``(A) expenses incurred with respect to carrying out State
party nominating activities or other party-building
conventions;
``(B) expenses incurred with respect to providing for the
attendance of delegates at a presidential nominating
convention, but only to the extent that such expenses are not
paid for from the account described in paragraph (9)(A); or
``(C) expenses incurred with respect to carrying out local,
county, or district conventions or proceedings to elect
delegates to a State party convention.''.
(d) Clarification of Indexing of Amounts To Ensure Equalization of
Party Contribution Limits.--For purposes of applying section 315(c) of
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions
to political committees established and maintained by a State political
party, the amendments made by this section shall be considered to have
been included in section 307 of the Bipartisan Campaign Reform Act of
2002 (Public Law 107-55; 116 Stat. 102).
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 305. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE
AND LOCAL POLITICAL PARTIES.
(a) Expansion of Permissible Use of Funds Not Subject to
Contribution Limits or Source Prohibitions by State and Local Political
Parties for Federal Election Activity.--Section 323(b)(2) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is
amended to read as follows:
``(2) Applicability.--Notwithstanding section 301(20), for
purposes of paragraph (1), an amount that is expended or
disbursed by a State, district, or local committee of a
political party shall be considered to be expended or disbursed
for Federal election activity only if the committee coordinated
the expenditure or disbursement of the amount with a candidate
for election for Federal office or an authorized committee of a
candidate for election for Federal office.''.
(b) Conforming Amendments.--
(1) Fundraising costs.--Section 323(c) of such Act (52
U.S.C. 30125(c)) is amended by adding at the end the following
new sentence: ``In the case of a person described in subsection
(b), the previous sentence applies only if the amount was spent
by such person in coordination with a candidate for election
for Federal office or an authorized committee of a candidate
for election for Federal office, as determined pursuant to
regulations promulgated by the Commission for the purpose of
determining whether a political party communication is
coordinated with a candidate, a candidate's authorized
committee, or an agent thereof.''.
(2) Appearance of federal candidates or officeholders at
fundraising events.--Section 323(e)(3) of such Act (52 U.S.C.
30125(e)(3)) is amended by striking ``subsection (b)(2)(C)''
and inserting ``subsection (b)''.
SEC. 306. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE
POLITICAL COMMITTEES.
(a) Findings.--Congress finds the following:
(1) While Federal law permits the Federal Election
Commission to engage in certain ``gap-filling'' activities as
it administers the Federal Election Campaign Act of 1971, the
regulations promulgated by the Federal Election Commission to
govern joint fundraising activities of multiple political
committees are not tied specifically to any particular
provision of the Act, and while these regulations generally
duplicate the provisions of the Act, they also impose
additional and unnecessary burdens on political committees
which seek to engage in joint fundraising activities, such as a
requirement for written agreements between the participating
committees.
(2) It is therefore not necessary at this time to direct
the Federal Election Commission to repeal the existing
regulations which govern joint fundraising activities of
multiple political committees, as some political committees may
have reasons for following the provisions of such regulations
which impose additional and unnecessary burdens on these
activities.
(b) Criteria for Participation in Joint Fundraising Activities.--
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102) is amended by adding at the end the following new subsection:
``(j) Criteria for Participation in Joint Fundraising Activities by
Multiple Political Committees.--
``(1) Criteria described.--Two or more political committees
as defined in this Act may participate in joint fundraising
activities in accordance with the following criteria:
``(A) The costs of the activities shall be
allocated among and paid for by the participating
committees on the basis of the allocation among the
participating committees of the contributions received
as a result of the activities.
``(B) Notwithstanding subparagraph (A), a
participating committee may make a payment (in whole or
in part) for the portion of the costs of the activities
which is allocated to another participating committee,
and the amount of any such payment shall be treated as
a contribution made by the committee to the other
participating committee.
``(C) The provisions of section 315(a)(8) regarding
the treatment of contributions to a candidate which are
earmarked or otherwise directed through an intermediary
or conduit shall apply to contributions made by a
person to a participating committee which are allocated
by the committee to another participating committee.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit two or more political committees from
participating in joint fundraising activities by designating or
establishing a separate, joint committee subject to the
registration and reporting requirements of this Act or by
publishing a joint fundraising notice.''.
PART 2--PROTECTING FREEDOM OF ASSOCIATION
SEC. 307. FINDINGS.
Congress finds the following:
(1) The First Amendment of the United States Constitution
provides that ``[C]ongress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.'' See U.S.
Const. Amend. I.
(2) The Supreme Court has held that the First Amendment's
protections apply with equal force to States and localities as
it does to the Federal government. See Gitlow v. New York, 268
U.S. 652 (1925).
(3) The Supreme Court has held that ``implicit in the right
to engage in activities protected by the First Amendment [lies]
a corresponding right to associate with others.''Roberts v.
United States Jaycees, 468 U.S. 609, 622 (1984). This is
commonly understood as the right of association. It furthers
``a wide variety of political, social, economic, educational,
religious, and cultural ends,'' and ``is especially important
in preserving political and cultural diversity and in shielding
dissident expression from suppression by the majority.'' Id.
(4) In NAACP v. Alabama ex rel. Patterson, 357 U.S. 449
(1958), the Supreme Court held the First Amendment's freedom of
association protected the National Association for the
Advancement of Colored People from compelled disclosure of its
members. This was because ``on past occasions revelation of the
identity of its rank-and-file members has exposed these members
to economic reprisal, loss of employment, threat of physical
coercion, and other manifestations of public hostility. Under
these circumstances . . . it [is] apparent that compelled
disclosure of petitioner's Alabama membership is likely to
affect adversely the ability of petitioner and its members to
pursue their collective effort to foster beliefs which they
admittedly have the right to advocate, in that it may induce
members to withdraw from the Association and dissuade others
from joining it because of fear of exposure of their beliefs
shown through their associations and of the consequences of
this exposure.'' Id. at 462-463.
(5) The First Amendment's freedom of association has been
protected and strengthened by the Supreme Court for over sixty
years. See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449
(1958); Shelton v. Tucker, 364 U.S. 479 (1960); Bates v. Little
Rock, 361 U.S. 516 (1960); Healy v. James, 408 U.S. 169 (1972);
Elrod v. Burns, 427 U.S. 347 (1976); Roberts v. United States
Jaycees, 468 U.S. 609, 622 (1984); Boy Scouts of America v.
Dale, 530 U.S. 640 (2000); Americans for Prosperity Foundation
v. Bonta, 141 S. Ct. 2373 (2021).
(6) Most recently, in Americans for Prosperity Foundation
v. Bonta, 141 S. Ct. 2373 (2021), a California law required
Americans for Prosperity Foundation and the Thomas Moore Law
Center to disclose the names, contribution amounts, and
addresses of their major donors. Id. at 2380. The Supreme Court
held this substantial intrusion into the group's donors was
unconstitutional. Id. at 2389. While Attorney General Bonta
argued these disclosures were needed so California could
prevent wrongdoing by charitable organizations, there was ``not
a single, concrete instance in which pre-investigation
collection of [this information] did anything to advance the
Attorney General's investigative, regulatory or enforcement
efforts.'' Id. at 2386. Similarly, California's need for this
information before initiating an investigation was highly
questionable as it was only one of three states to impose this
requirement and did not seriously enforce it until 2010. Id. at
2387.
(7) In short, Americans for Prosperity Foundation and NAACP
both stand for the proposition that compelled disclosure of an
organization's members can violate an organization's freedom of
association. This is because effective advocacy of both public
and private points of view, particularly controversial ones, is
undeniably enhanced by group association and there is a vital
relationship between freedom to associate and privacy in one's
associations . . . See Id. at 2382 citing NAACP v. Alabama ex
rel. Patterson, 357 U.S. 449, 460-462.
(8) Unfortunately, the First Amendment's freedom of
association protections are under constant attack. Recently,
there have been efforts to enlarge the size of the Supreme
Court because of disagreement with some of its rulings and
personal disagreement with some of the justices.
(9) On April 9, 2021, the President issued Executive Order
14023 that created the Presidential Commission on the Supreme
Court (the Commission). Under section 3(iii) of that Executive
Order, the Commission was tasked with providing ``[a]n analysis
of the principal arguments in the contemporary public debate
for and against Supreme Court reform, including an appraisal of
the merits and legality of particular reform proposals.''.
(10) In December 2021, the Commission released its final
report. On the issue of adding justices to the Supreme Court,
the Commission concluded ``[m]irroring the broader public
debate, there is profound disagreement among Commissioners on
this issue.''.
(11) Unfortunately, even though the President's Commission
would not endorse adding the number of justices on the Supreme
Court, some in Congress still believe it is necessary. See, for
example, H.R. 3422, the Judiciary Act of 2023 that would add
four associate justices to the Supreme Court.
(12) Because of this political uncertainty and the
importance that donors in all organizations, no matter their
party affiliation, are protected from having their membership
disclosed and threats of reprisal that would follow, it is
important that Congress statutorily codifies the Supreme
Court's holdings in NAACP v. Alabama ex rel. Patterson and
Americans for Prosperity Foundation v. Bonta.
(13) Government targeting of tax-exempt organizations
because of disagreement with their political views is sadly not
a hypothetical problem. From 2010 through 2013, the Internal
Revenue Service (IRS) intentionally discriminated against
conservative organizations seeking tax-exempt status with words
like ``patriot'' or ``Tea Party'' in their names.
(14) After years of litigation, in October 2017, the IRS
signed a consent decree in Federal court and admitted to
targeting conservative organizations from 2010 through 2013.
The IRS confessed that ``its treatment of [conservative
organizations] during the tax-exempt determinations process,
including screening their applications based on their names or
policy positions, subjecting those applications to heightened
scrutiny and inordinate delays, and demanding of some
Plaintiffs' information that TIGTA [U.S. Treasury Inspector
General, Tax Administration] determined was unnecessary to the
agency's determination of their tax-exempt status, was
wrong.''.
(15) It is antithetical to the First Amendment that the IRS
or any Federal government agency would ever be used to target
an organization because of its political beliefs, or who its
donors might be. As such, these organizations need to be
protected to prevent events like what transpired at the IRS
between 2010 and 2013.
SEC. 308. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Speech Privacy
Act of 2023''.
(b) Restrictions on Collection of Donor Information.--
(1) Restrictions.--An entity of the Federal government may
not collect or require the submission of information on the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6033 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to collect or require
the submission of the information, but only to the
extent permitted by the lawful order of such court or
administrative body.
(c) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal government may
not disclose to the public information revealing the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6104 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to disclose the
information, but only to the extent permitted by the
lawful order of such court or administrative body.
(E) An entity which discloses the information as
authorized by the organization.
(d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in
section 501(c) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code. Nothing in this subsection
may be construed to treat a political organization under section 527 of
such Code as a tax-exempt organization for purposes of this section.
(e) Penalties.--It shall be unlawful for any officer or employee of
the United States, or any former officer or employee, willfully to
disclose to any person, except as authorized in this section, any
information revealing the identification of any donor to a tax-exempt
organization. Any violation of this section shall be a felony
punishable upon conviction by a fine in any amount not exceeding
$250,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any
officer or employee of the United States, he shall, in addition to any
other punishment, be dismissed from office or discharged from
employment upon conviction for such offense.
SEC. 309. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Don't
Weaponize the IRS Act''.
(b) Organizations Exempt From Reporting.--
(1) Gross receipts threshold.--Clause (ii) of section
6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$50,000''.
(2) Organizations described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting a semicolon, and
(C) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(c) Clarification of Application to Section 527 Organizations.--
(1) In general.--Paragraph (1) of section 6033(g) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``This section'' and inserting
``Except as otherwise provided by this subsection, this
section'', and
(B) by striking ``for the taxable year.'' and
inserting ``for the taxable year in the same manner as
to an organization exempt from taxation under section
501(a).''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(d) Reporting of Names and Addresses of Contributors.--
(1) In general.--Paragraph (1) of section 6033(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Except as provided in subsections (b)(5) and
(g)(2)(B), such annual return shall not be required to include
the names and addresses of contributors to the organization.''.
(2) Application to section 527 organizations.--Paragraph
(2) of section 6033(g) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 310. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF
SECTION 501(C)(4) ORGANIZATIONS.
(a) In General.--The Department of the Treasury, including the
Internal Revenue Service, may not issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to determine
whether an organization is operated exclusively for the promotion of
social welfare for purposes of section 501(c)(4) of the Internal
Revenue Code of 1986 (including the proposed regulations published at
78 Fed. Reg. 71535 (November 29, 2013)).
(b) Application of Current Standards and Definitions.--The standard
and definitions as in effect on January 1, 2010, which are used to make
determinations described in subsection (b) shall apply after the date
of the enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on, before, or
after such date.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
SEC. 311. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF
CONGRESSIONAL CAMPAIGNS.
No Federal funds, including amounts attributable to the collection
of fines and penalties, may be used to make any payment in support of a
campaign for election for the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the Congress.
Subtitle C--Registration and Reporting Requirements
SEC. 321. ELECTRONIC FILING OF ELECTIONEERING COMMUNICATION REPORTS.
Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes
electioneering communications'' after ``expenditures''.
SEC. 322. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR
POLITICAL COMMITTEES.
(a) In General.--Section 301(4) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) any committee, club, association, or other
group of persons, including any local committee of a
political party, which receives contributions
aggregating in excess of $25,000 during a calendar year
or which makes expenditures aggregating in excess of
$25,000 during a calendar year and which is under the
control of a candidate or has the major purpose of
nominating or electing a candidate; or
``(B) any separate segregated fund established
under the provisions of section 316(b).''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is
amended by adding at the end the following new paragraph:
``(27) Major purpose of nominating or electing a
candidate.--The term `major purpose of nominating or electing a
candidate' means, with respect to a group of persons described
in paragraph (4)(A)--
``(A) a group whose central organizational purpose
is to expressly advocate for the nomination, election,
or defeat of a candidate; or
``(B) a group for which the majority of its
spending throughout its lifetime of existence has been
on contributions, expenditures, or independent
expenditures.''.
(c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section
304(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) In any calendar year after 2024--
``(i) a threshold established by sections 301(4)(A) or
301(4)(C) shall be increased by the percent difference
determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) for purposes of sections 301(4)(A) and
301(4)(C), calendar year 2024.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 323. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE
REPORTING REQUIREMENT.
(a) In General.--Section 304(c)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and
inserting ``$1,000''.
(b) Price Index Adjustment for Independent Expenditure Reporting
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(c), is
amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(F) In any calendar year after 2024--
``(i) a threshold established by section 304(c)(1) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) for purposes of section 304(c)(1), calendar
year 2024.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 324. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.
(a) Increase in Threshold.--Section 301(2) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking
``$5,000'' each place it appears and inserting ``$10,000''.
(b) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(c), and 323(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) In any calendar year after 2024--
``(i) a threshold established by sections 301(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) for purposes of sections 301(2), calendar
year 2024.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 325. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES
TO REPORT IDENTIFICATION OF CERTAIN DONORS.
(a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
(b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C.
30104(c)(1)) is amended by striking ``the information required under
subsection (b)(3)(A) for all contributions received by such person''
and inserting ``the information required under paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to independent expenditures made on or after the
date of the enactment of this Act.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
SEC. 331. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS
CONTRIBUTIONS.
(a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii))
is amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is
amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(c) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(c), 323(b), and 324(b) is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(H) In any calendar year after 2024--
``(i) the exemption amounts established by section
301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) for purposes of sections 301(8)(B)(ii) or
301(8)(B)(iv), calendar year 2024.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 332. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM
TREATMENT AS CONTRIBUTION OR EXPENDITURE.
(a) Exemptions.--
(1) Exemption from treatment as contribution.--Section
301(8)(B) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(B)) is amended--
(A) by striking ``and'' at the end of clause
(xiii);
(B) by striking the period at the end of clause
(xiv) and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) any payment by any person in producing and
disseminating any information or communication on the internet,
internet platform or other internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other internet-enabled
application, whether coordinated or not.''.
(2) Exemption from treatment as expenditure.--Section
301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xi) any cost incurred by any person in producing and
disseminating any information or communication on the internet,
internet platform or other internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other internet-enabled
application.''.
(b) Application to Definition of Public Communications.--Section
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the
end the following: ``In the previous sentence, the terms `public
communication' and `general public political advertising' do not
include communications disseminated over the internet or via an
internet platform or other internet-enabled application, unless the
communication or advertising is disseminated for a fee on another
person's website, platform or other internet-enabled application.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 333. MEDIA EXEMPTION.
(a) Expansion of Exemption to Additional Forms of Media.--Section
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(9)(B)(i)) is amended to read as follows:
``(i) any news story, commentary, or editorial
distributed through the facilities of any broadcasting,
cable, satellite, or internet-based station,
programmer, operator or producer; newspaper, magazine,
or other periodical publisher; electronic publisher,
platform, or application; book publisher; or filmmaker
or film producer, distributor or exhibitor, unless such
facilities are owned or controlled by any political
party, political committee, or candidate;''.
(b) Application to Contributions.--Section 301(8)(B) of such Act
(52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended--
(1) by redesignating clauses (i) through (xv) as clauses
(ii) through (xvi); and
(2) by inserting before clause (ii) (as so redesignated)
the following new clause:
``(i) any payment for any news story, commentary,
or editorial distributed through the facilities of any
broadcasting, cable, satellite, or internet-based
station, programmer, operator or producer; newspaper,
magazine, or other periodical publisher; electronic
publisher, platform, or application; book publisher; or
filmmaker or film producer, distributor or
exhibitor.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS.
(a) Findings.--Congress finds the following:
(1) From 2010 through 2013, the Internal Revenue Service
targeted conservative organizations seeking tax-exempt status.
The result of this targeting was obvious--to discourage
conservative organizations and individuals associated with them
from engaging in the 2012 presidential election after an
incredibly successful 2010 midterm election.
(2) In response to this treatment, a large number of
conservative organizations sued the Internal Revenue Service.
In 2017, a settlement was reached and the Internal Revenue
Service was required to issue an apology for its actions.
(3) Congress quickly recognized that the Internal Revenue
Service was not the only government agency that could question
or threaten the tax-exempt status of disfavored political
groups. The Securities and Exchange Commission, an independent
government agency, also enjoys some regulatory power in this
area.
(4) Beginning in 2015, Congress has included in every
appropriations bill that has funded the Securities and Exchange
Commission, an appropriations rider prohibiting the agency from
using any of the funds made available to ``finalize, issue, or
implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax
exempt organizations, or dues paid to trade associations.'' See
Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong.
Sec. 1 (2015); Consolidated Appropriations Act, 2017, H.R.
244, 115th Cong. Sec. 1 (2017); Consolidated Appropriations
Act, 2018, H.R. 1625, 115th Cong. Sec. 2 (2018); Consolidated
Appropriations Act, 2019, H.J. Res. 31, 116th Cong. Sec. 1
(2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th
Cong. Sec. 1 (2019); Consolidated Appropriations Act, 2021,
H.R. 133, 116th Cong. Sec. 2 (2020); Consolidated
Appropriations Act 2022, H.R. 2471, 117th Cong. Sec. 2 (2022);
Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong.
Sec. 2 (2022).
(5) This prohibition is too important to be subject to
yearly renewal. Instead, it must be enacted into permanent law
so political organizations of both political parties can rest
assured the Securities and Exchange Commission will not target
them.
(b) Prohibition.--The Securities and Exchange Commission may not
finalize, issue, or implement any rule, regulation, or order regarding
the disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
Subtitle F--Miscellaneous Provisions
SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE
REQUIREMENT VIOLATIONS.
Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that
end on or before December 31, 2023''.
SEC. 352. PERMITTING POLITICAL COMMITTEES TO MAKE DISBURSEMENTS BY
METHODS OTHER THAN CHECK.
Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on
such accounts in accordance with this section'' and inserting ``except
from such accounts''.
SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN
COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102), as amended by section 306(b), is amended by
adding at the end the following new subsection:
``(k)(1) Each candidate may, with respect to each authorized
committee of the candidate, designate an individual who shall be
responsible for disbursing funds in the accounts of the committee in
the event of the death of the candidate, and may also designate another
individual to carry out the responsibilities of the designated
individual under this subsection in the event of the death or
incapacity of the designated individual or the unwillingness of the
designated individual to carry out the responsibilities.
``(2) In order to designate an individual under this subsection,
the candidate shall file with the Commission a signed written statement
(in a standardized form developed by the Commission, and including any
applicable supporting documentation, including a will or trust
document) that contains the name and address of the individual and the
name of the authorized committee for which the designation shall apply,
and that may contain the candidate's instructions regarding the lawful
disbursement of the funds involved by the individual. At any time after
filing the statement, the candidate may revoke the designation of an
individual by filing with the Commission a signed written statement of
revocation (in a standardized form developed by the Commission).
``(3)(A) Upon the death of a candidate who has designated an
individual for purposes of paragraph (1), funds in the accounts of each
authorized committee of the candidate may be disbursed only under the
direction and in accordance with the instructions of such individual,
subject to the terms and conditions applicable to the disbursement of
such funds under this Act or any other applicable Federal or State law
(other than any provision of State law which authorizes any person
other than such individual to direct the disbursement of such funds).
``(B) Subparagraph (A) does not apply with respect to an authorized
committee if, at the time of the candidate's death, the authorized
committee has a treasurer or a designated agent of the treasurer as
described in section 302(a), unless the treasurer or designated agent
is incapacitated or cannot be reached by the authorized committee.
``(C) Nothing in this paragraph may be construed to grant any
authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement of funds
as provided in such paragraph, or may be construed to affect the
responsibility of the treasurer of an authorized committee for which
funds are disbursed in accordance with such paragraph to file reports
of the disbursements of such funds under section 304(a).''.
(b) Inclusion of Designation in Statement of Organization of
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of an authorized committee of a candidate
who has designated an individual under section 302(k)
(including a second individual designated to carry out the
responsibilities of that individual under such section in the
event of that individual's death or incapacity or unwillingness
to carry out the responsibilities) to disburse funds from the
accounts of the committee in the event of the death of the
candidate, a copy of the statement filed by the candidate with
the Commission under such section (as well as a copy of any
subsequent statement of revocation filed by the candidate with
the Commission under such section).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to authorized campaign committees which are
designated under section 302(e)(1) of the Federal Election Campaign Act
of 1971 before, on, or after the date of the enactment of this Act.
SEC. 354. PROHIBITING AIDING OR ABETTING MAKING OF CONTRIBUTIONS IN
NAME OF ANOTHER.
Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30122) is amended by adding at the end the following new sentence: ``No
person shall knowingly direct, help, or assist any person in making a
contribution in the name of another person.''.
SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR
COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST
COMMISSION.
(a) Unanimous Consent.--Section 307 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end
the following new subsection:
``(f)(1) Except as provided in paragraph (2), the Commission shall
defend each action brought against the Commission under this Act or
chapter 95 and 96 of the Internal Revenue Code of 1986--
``(A) through the general counsel, as provided in
subsection (a)(6);
``(B) by appointing counsel as provided in section
306(f)(4); or
``(C) by referral to the Attorney General in the case of a
criminal action.
``(2) The Commission may refuse to defend an action brought against
the Commission pursuant to the unanimous vote of its Members.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions brought on or after the date of the
enactment of this Act.
SEC. 356. FEDERAL ELECTION COMMISSION MEMBER PAY.
Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(a)(4)) is amended--
(1) by striking ``(4) Members'' and inserting ``(4)(A)
Except as provided in subparagraph (B), members'';
(2) by striking ``equivalent to the compensation paid at
level IV of the Executive Schedule (5 U.S.C. 5315)'' and
inserting ``at an annual rate of basic pay of $186,300, as
adjusted under section 5318 of title 5, United States Code, in
the same manner as the annual rate of pay for positions at each
level of the Executive Schedule, which may not be varied or
suspended by executive action''; and
(3) by adding at the end the following:
``(B) A member who serves on the Commission after the expiration of
the member's term because the member's successor has not taken office
may not receive any increase in compensation under this subsection for
any pay period occurring after the expiration of the 4-year period
which begins on the date of the expiration of the member's term. A
member shall no longer be subject to the previous sentence if the
member is appointed to a new term and takes office pursuant to that
appointment.
``(C) A member shall be permitted to hold a position at an
institution of higher education (as such term is defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)) if--
``(i) the General Counsel of the Commission determines that
such position does not create a conflict of interest with the
member's position as a sitting member of the Commission and
grants the member approval to hold the position; and
``(ii) the annual rate of compensation received by the
individual from such institution is not greater than the amount
equal to 49.9% of the annual rate of basic pay paid to the
member under this paragraph.''.
SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) 5-Year Limitation.--Section 406(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) No person shall be subject to a civil penalty for any
violation of title III of this Act unless the proceeding is initiated
in accordance with section 309 not later than 5 years after the date on
which the violation occurred.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 358. THEFT FROM POLITICAL COMMITTEE AS A FEDERAL CRIME.
(a) Federal Crime.--Chapter 29 of title 18, United States Code, as
amended by section 161(b), is amended by adding at the end the
following new section:
``Sec. 613. Theft from political committee
``(a) In General.--It shall be unlawful to remove, without
appropriate authorization, any funds or any other item of value from an
account maintained for the benefit of a candidate for Federal office or
the candidate's political committee (as such term is defined in section
301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)).
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $250,000, imprisoned for not more than 5 years, or
both.''.
(b) Clerical Amendment.--The table of sections for chapter 28 of
title 18, United States Code, is amended by adding at the end the
following new item:
``613. Theft from political committee.''.
SEC. 359. REPEAL OF OBSOLETE PROVISIONS OF LAW.
(a) Provisions Held Unconstitutional.--
(1) Membership of secretary of senate and clerk of house on
federal election commission.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking ``the Secretary of the Senate and the Clerk
of the House of Representatives or their designees, ex officio
and without the right to vote, and''.
(2) Choice of independent or coordinated expenditures by
political parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(A) by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4);
(B) in paragraph (4), as so redesignated, by
striking ``paragraphs (2), (3), and (4)'' and inserting
``paragraphs (2) and (3)''; and
(C) in paragraph (1), by striking ``paragraphs (2),
(3), and (4)'' and inserting ``paragraphs (2) and
(3)''.
(3) Prohibiting contributions by minors.--The Federal
Election Campaign Act of 1971 is amended by striking section
324 (52 U.S.C. 30126).
(4) Increase in contribution limits for candidates in
response to personal fund expenditures by opponents.--
(A) House candidates.--The Federal Election
Campaign Act of 1971 is amended by striking section
315A (52 U.S.C. 30117).
(B) Senate candidates.--Section 315 of such Act (52
U.S.C. 30116) is amended--
(i) by striking subsection (i); and
(ii) by redesignating subsection (j) as
subsection (i).
(C) Conforming amendment relating to
notification.--Section 304(a)(6) of such Act (52 U.S.C.
30104(a)(6)) is amended--
(i) by striking subparagraphs (B), (C), and
(D); and
(ii) by redesignating subparagraph (E) as
subparagraph (D).
(D) Conforming amendment relating to definitions.--
Section 301(25) of such Act (52 U.S.C. 30101(25)) is
amended by striking ``For purposes of sections 315(i)
and 315A and paragraph (26), the term'' and inserting
``The term''.
(E) Other conforming amendment.--Section 315(a)(1)
of such Act (52 U.S.C. 30116(a)(1)) is amended by
striking ``Except as provided in subsection (i) and
section 315A, no person'' and inserting ``No person''.
(5) Electioneering communications and independent
expenditures by corporations and labor organizations.--Section
316 of such Act (52 U.S.C. 30117) is amended--
(A) in subsection (b)(1), by striking ``or for any
applicable electioneering communication''; and
(B) by striking subsection (c).
(6) Limitation on repayment of personal loans.--Section 315
of such Act (52 U.S.C. 30116) is amended by striking subsection
(i), as redesignated by paragraph (4)(B)(ii).
(b) Provisions Relating to Use of Presidential Election Campaign
Fund for Party Nominating Conventions.--Section 9008 of the Internal
Revenue Code of 1986 is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c), (d), (e), (f), (g), and
(h).
(c) Technical Correction.--Sections 307 and 309 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each
amended by striking ``subpena'' each place it appears and inserting
``subpoena''.
SEC. 360. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Federal Election Commission shall publish in the Federal
Register proposed regulations to carry out this title and the
amendments made by this title.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
SEC. 401. SHORT TITLE.
This title may be cited as the ``Election Security Assistance
Act''.
SEC. 402. REPORTS TO CONGRESS ON FOREIGN THREATS TO ELECTIONS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, and 30 days after the end of each fiscal year thereafter,
the Secretary of Homeland Security and the Director of National
Intelligence, in coordination with the heads of the appropriate Federal
entities, shall submit a joint report to the appropriate congressional
committees and the chief State election official of each State on
foreign threats to elections in the United States, including physical
and cybersecurity threats.
(b) Voluntary Participation by States.--The Secretary shall solicit
and consider voluntary comments from all State election agencies.
Participation by an election agency in the report under this section
shall be voluntary and at the discretion of the State.
(c) Appropriate Federal Entities.--In this section, the term
``appropriate Federal entities'' means--
(1) the Department of Commerce, including the National
Institute of Standards and Technology;
(2) the Department of Defense;
(3) the Department of Homeland Security, including the
component of the Department that reports to the Under Secretary
responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department;
(4) the Department of Justice, including the Federal Bureau
of Investigation;
(5) the Election Assistance Commission; and
(6) the Office of the Director of National Intelligence,
the National Security Agency, and such other elements of the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) as the Director of
National Intelligence determines are appropriate.
(d) Other Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Rules and Administration, the
Committee on Homeland Security and Governmental
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on House Administration, the
Committee on Homeland Security, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives;
(2) the term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act;
(3) the term ``election agency'' means any component of a
State or any component of a unit of local government of a State
that is responsible for administering Federal elections;
(4) the term ``Secretary'' means the Secretary of Homeland
Security; and
(5) the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 403. RULE OF CONSTRUCTION.
Nothing in this title may be construed as authorizing the Secretary
of Homeland Security to carry out the administration of an election for
Federal office.
Subtitle B--Cybersecurity for Election Systems
SEC. 411. CYBERSECURITY ADVISORIES RELATING TO ELECTION SYSTEMS.
(a) Cybersecurity Advisories.--
(1) In general.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security (in this subtitle referred to as the ``Director'')
shall collaborate with the Election Assistance Commission (in
this subtitle referred to as the ``Commission'') to determine
if an advisory relating to the cybersecurity of election
systems used in the administration of elections for Federal
office or the cybersecurity of elections for Federal office
generally is necessary. If such a determination is made in the
affirmative, the Director shall collaborate with the Commission
in the preparation of such an advisory.
(2) Prohibition.--The Director may not issue an advisory
described in paragraph (1) unless the Commission has provided
input relating thereto.
(b) Notification.--If the Director issues an advisory described in
subsection (a), the Director, in collaboration with the Commission,
shall provide to appropriate State election officials and vendors of
covered voting systems notification relating thereto.
SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSECURITY VULNERABILITIES
IN ELECTION EQUIPMENT.
(a) Process for Covered Voting Systems.--
(1) In general.--The Director and the Commission (in
consultation with the Technical Guidelines Development
Committee and the Standards Board of the Commission), shall
jointly establish a voluntary process to test for and monitor
covered voting systems for cybersecurity vulnerabilities. Such
process shall include the following:
(A) Mitigation strategies and other remedies.
(B) Notice to the Commission and appropriate
entities of the results of testing conducted pursuant
to such process.
(2) Implementation.--The Director shall implement the
process established under paragraph (1) at the request of the
Commission.
(b) Labeling for Voting Systems.--The Commission (in consultation
with the Technical Guidelines Development Committee and the Standards
Board of the Commission), shall establish a process to provide for the
deployment of appropriate labeling available through the website of the
Commission to indicate that covered voting systems passed the most
recent cybersecurity testing pursuant to the process established under
subsection (a).
(c) Rules of Construction.--The process established under
subsection (a), including the results of any testing carried out
pursuant to this section, shall not affect--
(1) the certification status of equipment used in the
administration of an election for Federal office under the Help
America Vote Act of 2002; or
(2) the authority of the Commission to so certify such
equipment under such Act.
(d) Exclusive Authority of Election Assistance Commission With
Respect to Guidelines and Certification of Covered Voting Systems.--No
entity of the Federal Government other than the Election Assistance
Commission may issue guidelines with respect to the minimum standards
for the testing, certification, decertification, and recertification of
covered voting systems.
(e) Definition.--In this section, the term ``covered voting
systems'' means equipment used in the administration of an election for
Federal office that is certified in accordance with versions of
Voluntary Voting System Guidelines under the Help America Vote Act of
2002, and includes any related nonvoting election technology, as
defined in section 298C of the Help America Vote Act of 2002, as added
by section 129(b).
SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND
LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.
(a) Duty To Share Information With Department of Homeland
Security.--If a Federal entity receives information about an election
cybersecurity incident, the Federal entity shall promptly share that
information with the Department of Homeland Security, unless the head
of the entity (or a Senate-confirmed official designated by the head)
makes a specific determination in writing that there is good cause to
withhold the particular information.
(b) Response To Receipt of Information by Secretary of Homeland
Security.--
(1) In general.--Upon receiving information about an
election cybersecurity incident under subsection (a), the
Secretary of Homeland Security, in consultation with the
Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall
promptly (but in no case later than 96 hours after receiving
the information) review the information and make a
determination whether each of the following apply:
(A) There is credible evidence that the incident
occurred.
(B) There is a basis to believe that the incident
resulted, could have resulted, or could result in voter
information systems or voter tabulation systems being
altered or otherwise affected.
(2) Duty to notify state and local officials.--
(A) Duty described.--If the Secretary makes a
determination under paragraph (1) that subparagraphs
(A) and (B) of such paragraph apply with respect to an
election cybersecurity incident, not later than 96
hours after making the determination, the Secretary
shall provide a notification of the incident to each of
the following:
(i) The chief executive of the State
involved.
(ii) The State election official of the
State involved.
(iii) The local election official of the
election agency involved.
(B) Treatment of classified information.--
(i) Efforts to avoid inclusion of
classified information.--In preparing a
notification provided under this paragraph to
an individual described in clause (i), (ii), or
(iii) of subparagraph (A), the Secretary shall
attempt to avoid the inclusion of classified
information.
(ii) Providing guidance to state and local
officials.--To the extent that a notification
provided under this paragraph to an individual
described in clause (i), (ii), or (iii) of
subparagraph (A) includes classified
information, the Secretary (in consultation
with the Attorney General and the Director of
National Intelligence) shall indicate in the
notification which information is classified.
(3) Exception.--
(A) In general.--If the Secretary, in consultation
with the Attorney General and the Director of National
Intelligence, makes a determination that it is not
possible to provide a notification under paragraph (1)
with respect to an election cybersecurity incident
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall not provide the notification under such
paragraph.
(B) Ongoing review.--Not later than 30 days after
making a determination under subparagraph (A) and every
30 days thereafter, the Secretary shall review the
determination. If, after reviewing the determination,
the Secretary makes a revised determination that it is
possible to provide a notification under paragraph (2)
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall provide the notification under
paragraph (2) not later than 96 hours after making such
revised determination.
(4) Coordination with election assistance commission.--The
Secretary shall make determinations and provide notifications
under this subsection in the same manner, and subject to the
same terms and conditions relating to the role of the Election
Assistance Commission, in which the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security makes determinations as to the
necessity of an advisory and the issuance of an advisory under
section 411(a) and the provision of notification under section
411(b).
(c) Definitions.--In this section, the following definitions apply:
(1) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(2) Election cybersecurity incident.--The term ``election
cybersecurity incident'' means an occurrence that actually or
imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system of election infrastructure (including a
vote tabulation system), or actually or imminently jeopardizes,
without lawful authority, such an information system of
election infrastructure.
(3) Federal election.--The term ``Federal election'' means
any election (as defined in section 301(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal
office (as defined in section 301(3) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(3))).
(4) Federal entity.--The term ``Federal entity'' means any
agency (as defined in section 551 of title 5, United States
Code).
(5) Local election official.--The term ``local election
official'' means the chief election official of a component of
a unit of local government of a State that is responsible for
administering Federal elections.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141), as amended by section 138.
(8) State election official.--The term ``State election
official'' means--
(A) the chief State election official of a State
designated under section 10 of the National Voter
Registration Act of 1993 (52 U.S.C. 20509); or
(B) in the case of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United
States Virgin Islands, a chief State election official
designated by the State for purposes of this Act.
(d) Effective Date.--This section shall apply with respect to
information about an election cybersecurity incident which is received
on or after the date of the enactment of this Act.
TITLE V--CONGRESSIONAL REDISTRICTING
SEC. 501. SENSE OF CONGRESS ON AUTHORITY TO ESTABLISH MAPS OF
CONGRESSIONAL DISTRICTS.
It is the sense of Congress that, while Congress is authorized
under the Constitution of the United States to ensure that
congressional redistricting is carried out in a manner consistent with
the Constitution, only a State has the authority to establish maps of
the congressional districts of the State and to determine the
procedures and criteria used to establish such maps.
SEC. 502. AUTHORITY FOR SPEAKER OF THE HOUSE TO JOIN CERTAIN CIVIL
ACTIONS RELATING TO APPORTIONMENT.
The Speaker of the House of Representatives or the Speaker's
designee or designees may commence or join in a civil action, for and
on behalf of the House of Representatives, under any applicable law, to
prevent the use of any statistical method, in connection with the
decennial census, to determine the population for purposes of the
apportionment or redistricting of Members in Congress. It shall be the
duty of the Office of the General Counsel of the House of
Representatives to represent the House in such civil action, according
to the directions of the Speaker. The Office of the General Counsel of
the House of Representatives may employ the services of outside counsel
and other experts for this purpose.
SEC. 503. CENSUS MONITORING BOARD.
(a) Short Title.--This section may be cited as the ``Citizen Census
Monitoring Board Permanent Authorization Act of 2023''.
(b) Findings.--Congress finds the following:
(1) The 2020 decennial census of population was conducted
amongst unique and difficult circumstances which have caused
many of its results to be questioned as regards their accuracy
and legality.
(2) Privacy limitations prevent the decennial census from
being a transparent process, therefore limiting the ability of
the public and even Congress or the courts from effectively
monitoring the entire census process.
(3) Only an independent bipartisan Board with the same
access to data and documentation as the Bureau of the Census
itself can effectively monitor the decennial census process.
(4) Therefore, in order to achieve these goals, the
Congress finds that a bipartisan Census Monitoring Board should
be established.
(c) Establishment.--There shall be established a board to be known
as the Census Monitoring Board (in this section referred to as the
``Board'').
(d) Duties.--The function of the Board shall be to review all
aspects of the preparation and implementation, data and results, and
all post-enumeration activities and procedures, of the 2020 decennial
census of population under section 141 of title 13, United States Code
(including all dress rehearsals and other simulations of a census in
preparation therefor), and observe and monitor all aspects of the
preparation and implementation of the 2030 decennial census and each
decennial census thereafter (including all dress rehearsals and other
simulations of a census in preparation therefor).
(e) Members.--
(1) In general.--The Board shall be composed of 6 members,
appointed as follows:
(A) One individual appointed by the majority leader
of the Senate.
(B) Two individuals appointed by the Speaker of the
House of Representatives.
(C) One individual appointed by the minority leader
of the Senate.
(D) Two individuals appointed by the minority
leader of the House of Representatives.
(2) Appointment.--Each member of the Board shall be
appointed within 60 days after the date of the enactment of
this Act. A vacancy in the Board shall be filled in the manner
in which the original appointment was made. Members of the
Board's terms shall expire when the Houses of Congress are
reorganized, except that a member shall continue to serve as a
member until their replacement is appointed.
(3) Compensation.--Members shall not be entitled to any pay
by reason of their service on the Board, but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(4) Bipartisan.--The Board shall be bipartisan and each
party's appointees shall caucus separately and elect a co-chair
from each caucus.
(5) Meetings.--The Board shall meet at the call of either
co-chair.
(6) Quorum.--A quorum shall consist of four members of the
Board.
(7) Regulations.--The Board may promulgate any regulations
necessary to carry out its duties.
(f) Executive Directors.--
(1) In general.--Each caucus of the Board shall have an
executive director who shall be appointed by the members of the
two most numerous caucuses, each of whom shall be paid at a
rate not to exceed level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(2) Staff and services.--
(A) In general.--Subject to such rules as the Board
may prescribe, each executive director--
(i) may appoint and fix the pay of such
additional personnel as that executive director
considers appropriate; and
(ii) may procure temporary and intermittent
services under section 3109(b) of title 5,
United States Code, but at rates for
individuals not to exceed the daily equivalent
of the maximum annual rate of pay payable for
grade GS-15 of the General Schedule.
(B) Board rules.--Such rules shall include
provisions to ensure an equitable division or sharing
of resources, as appropriate, between the respective
staff of the Board.
(3) Board staff.--The staff of the Board shall be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
shall be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates).
(4) Facilities.--The Administrator of the General Services
Administration, in coordination with the Secretary of Commerce,
shall locate suitable office space for the operation of the
Board in the headquarters of the Bureau of the Census in
Suitland, Maryland. The facilities shall serve as the
headquarters of the Board and shall include all necessary
equipment and incidentals required for the proper functioning
of the Board.
(g) Other Authorities.--
(1) Hearings.--For the purpose of carrying out its duties,
the Board may hold such hearings (at the call of either co-
chair) and undertake such other activities as the Board
determines to be necessary to carry out its duties.
(2) Access to information.--
(A) In general.--Each co-chair of the Board and any
Board staff who may be designated by the Board under
this subparagraph shall be granted access to any data,
files, information, or other matters maintained by the
Bureau of the Census (or received by it in the course
of conducting a decennial census of population) which
they may request, subject to such regulations as the
Board may prescribe in consultation with the Secretary
of Commerce. No information may be withheld pursuant to
title 13, United States Code, and all members of the
Board and Board staff shall be sworn to protect the
confidentiality and privilege of all data and
information protected by such title.
(B) Agency information.--The Board or the co-chairs
acting jointly may secure directly from any other
Federal agency, including the White House, all
information that the Board considers necessary to
enable the Board to carry out its duties. Upon request
of the Board or both co-chairs, the head of that agency
(or other person duly designated for purposes of this
paragraph) shall furnish that information to the Board.
(3) Regulations.--The Board shall prescribe regulations
under which any member of the Board or of its staff, and any
person whose services are procured under subsection
(e)(2)(A)(ii), who gains access to any information or other
matter pursuant to this subsection shall, to the extent that
any provisions of section 9 or section 214 of title 13, United
States Code, would apply with respect to such matter in the
case of an employee of the Department of Commerce, be subject
to such provisions.
(4) Detail authority.--Upon the request of the Board, the
head of any Federal agency is authorized to detail, without
reimbursement, any of the personnel of such agency to the Board
to assist the Board in carrying out its duties. Any such detail
of a Federal employee under this paragraph shall not interrupt
or otherwise affect the civil service status or privileges of
the employee.
(5) Technical assistance.--Upon the request of the Board,
the head of a Federal agency shall provide such technical
assistance to the Board as the Board determines to be necessary
to carry out its duties.
(6) Use of mails.--The Board may use the United States
mails in the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in section
3215 of title 39, United States Code.
(7) Support services.--Upon request of the Board, the
Administrator of General Services shall provide to the Board on
a reimbursable basis such administrative support services as
the Board may request.
(8) Printing costs.--For purposes of costs relating to
printing and binding, including the cost of personnel detailed
from the Government Publishing Office, the Board shall be
deemed to be a committee of the Congress.
(h) Reports.--
(1) 2020 census.--The Board shall transmit to the
Congress--
(A) interim reports, with the first such report due
by April 1, 2024;
(B) additional reports, the first of which shall be
due by February 1, 2025, the second of which shall be
due by April 1, 2025, and subsequent reports at least
semiannually thereafter;
(C) a final report on the 2020 Census shall be due
by September 1, 2025; and
(D) any other reports which the Board or either co-
chair considers appropriate.
(2) Subsequent censuses.--With respect to the 2030
decennial census of population and each decennial census
thereafter, the Board shall transmit to Congress--
(A) an interim report due not later than September
1 of the second year following the year in which a
decennial census occurs;
(B) a final report not later than September 1 of
the third year following the year in which a decennial
census occurs; and
(C) any other reports which the Board or either co-
chair considers appropriate.
(3) Final report contents.--A final report under paragraph
(1)(C) or (2)(B) shall contain a detailed statement of the
findings and conclusions of the Board with respect to the
matters described in subsection (c).
(4) Report contents.--In addition to any matter otherwise
required under this subsection, each such report shall address,
with respect to the period covered by such report--
(A) the degree to which efforts of the Bureau of
the Census to prepare to conduct the decennial census--
(i) shall achieve maximum possible accuracy
at every level of geography;
(ii) shall be taken by means of an
enumeration process designed to count every
individual possible;
(iii) shall be free from political bias and
arbitrary decisions; and
(iv) comply with all legal and
constitutional requirements; and
(B) efforts by the Bureau of the Census intended to
contribute to enumeration improvement, specifically in
connection with--
(i) computer modernization and the
appropriate use of automation;
(ii) address list development;
(iii) outreach and promotion efforts at all
levels designed to maximize response rates,
especially among groups that have historically
been undercounted (including measures
undertaken in conjunction with local government
and community and other groups);
(iv) establishment and operation of field
offices; and
(v) efforts relating to the recruitment,
hiring, and training of enumerators.
(5) Availability of data and information.--Any data or
other information obtained by the Board under this section
shall be made available to any committee or subcommittee of
Congress of appropriate jurisdiction upon request of the chair
or ranking minority member of such committee or subcommittee.
No such committee or subcommittee, or member thereof, shall
disclose any information obtained under this paragraph which is
submitted to it on a confidential basis unless the full
committee determines that the withholding of that information
is contrary to the national interest.
(6) Use of contractors.--The Board shall study and submit
to Congress, as part of its first report under paragraph
(1)(A), its findings and recommendations as to the feasibility
and desirability of using postal personnel or private
contractors to help carry out the decennial census.
(i) Accuracy of Census.--To the extent practicable, members of the
Board shall work to promote the most accurate and complete decennial
census possible by using their positions to publicize the need for full
and timely responses to decennial census questionnaires.
(j) Limitation on Board Members and Staff.--
(1) In general.--No individual described in paragraph (2)
may--
(A) be appointed or serve as a member of the Board
or as a member of the staff of the Board; or
(B) enter into any contract with the Board.
(2) Individuals covered.--An individual described in this
paragraph is any individual who is serving or who has ever
served--
(A) as the Director of the Census; or
(B) with any committee or subcommittee of either
House of Congress having jurisdiction over any aspect
of the decennial census as--
(i) a Member of Congress; or
(ii) a congressional employee.
(k) Exception for Use of Information.--Section 9(a) of title 13,
United States Code, is amended in the matter before paragraph (1)--
(1) by striking ``or section 210'' and inserting ``,
section 210'';
(2) by striking ``1998 or'' and inserting ``1998,''; and
(3) by striking ``1997'' and inserting ``, or section 502
of the ACE Act''.
(l) Authorization of Appropriations.--There is authorized to be
appropriated $7,500,000 for fiscal year 2024 and each fiscal year
thereafter to carry out this section.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
SEC. 601. TERMINATION OF THE DISINFORMATION GOVERNANCE BOARD.
The Disinformation Governance Board of the Department of Homeland
Security is hereby terminated.
SEC. 602. PROHIBITION ON FUNDING SIMILAR BOARD OR SIMILAR ACTIVITIES.
No Federal funds authorized to be appropriated or otherwise made
available may be used to establish any other entity that is
substantially similar to the Disinformation Governance Board terminated
by section 601 or to carry out activities that are substantially
similar to the Disinformation Governance Board terminated by section
601.
TITLE VII--SEVERABILITY
SEC. 701. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, and the application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
<all>
Reported (Amended) by the Committee on House Administration. H. Rept. 118-978, Part I.
Committee on the Judiciary discharged.
Committee on the Judiciary discharged.
Committee on Ways and Means discharged.
Committee on Ways and Means discharged.
Committee on Science, Space, and Technology discharged.
Committee on Science, Space, and Technology discharged.
Committee on Intelligence (Permanent) discharged.
Committee on Intelligence (Permanent) discharged.
Committee on Homeland Security discharged.
Committee on Homeland Security discharged.
Committee on Education and the Workforce discharged.
Committee on Education and the Workforce discharged.
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Committee on Financial Services discharged.
Committee on Financial Services discharged.
Committee on Oversight and Accountability discharged.
Committee on Oversight and Accountability discharged.
Committee on Rules discharged.
Committee on Rules discharged.
Placed on the Union Calendar, Calendar No. 825.