Freedom to Vote Act
This bill addresses voter registration and voting access, election integrity and security, redistricting, and campaign finance.
Specifically, the bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls.
Next, the bill establishes Election Day as a federal holiday.
The bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence.
The bill establishes certain federal criminal offenses related to voting. In particular, the bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote.
Additionally, the bill sets forth provisions related to election security, including by requiring states to conduct post-election audits for federal elections.
The bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting.
The bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosure of campaign-related fundraising and spending, requiring additional disclaimers regarding certain political advertising, and establishing an alternative campaign funding system for certain federal offices.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1
To expand Americans' access to the ballot box and reduce the influence
of big money in politics, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2023
Ms. Klobuchar (for herself, Mr. Merkley, Mr. Kaine, Mr. King, Mr.
Manchin, Mr. Padilla, Mr. Tester, Mr. Warnock, Mr. Schumer, Ms.
Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms.
Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Cortez
Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mrs.
Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr.
Kelly, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Murphy, Mrs. Murray,
Mr. Ossoff, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz,
Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr.
Warner, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on Rules and Administration
_______________________________________________________________________
A BILL
To expand Americans' access to the ballot box and reduce the influence
of big money in politics, 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 ``Freedom to Vote Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Voter Access.
(2) Division B--Election Integrity.
(3) Division C--Civic Participation and Empowerment.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
Sec. 5. Severability.
DIVISION A--VOTER ACCESS
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Automatic Voter Registration
Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.
Part 2--Election Day as Legal Public Holiday
Sec. 1011. Election day as legal public holiday.
Part 3--Promoting Internet Registration
Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more
than last 4 digits of social security
number.
Sec. 1026. Application of rules to certain exempt States.
Sec. 1027. Report on data collection relating to online voter
registration systems.
Sec. 1028. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1029. Effective date.
Part 4--Same-Day Voter Registration
Sec. 1031. Same-day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Part 5--Streamline Voter Registration Information, Access, and Privacy
Sec. 1041. Authorizing the dissemination of voter registration
information displays following
naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 1044. Requiring States to establish and operate voter privacy
programs.
Part 6--Funding Support to States for Compliance
Sec. 1051. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 1102. Establishment and maintenance of State accessible election
websites.
Sec. 1103. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1106. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1107. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Early Voting
Sec. 1201. Early voting.
Subtitle D--Voting by Mail
Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted
ballots in elections for Federal office.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
Sec. 1401. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent
elections.
Sec. 1405. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas
Voter Empowerment Act amendments related to
the Federal write-in absentee ballot.
Sec. 1407. Treatment of postcard registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.
Subtitle F--Enhancement of Enforcement
Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
Part 1--Promoting Voter Access
Sec. 1601. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1602. Applicability to Commonwealth of the Northern Mariana
Islands.
Sec. 1603. Elimination of 14-day time period between general election
and runoff election for Federal elections
in the Virgin Islands and Guam.
Sec. 1604. Application of Federal election administration laws to
territories of the United States.
Sec. 1605. Application of Federal voter protection laws to territories
of the United States.
Sec. 1606. Ensuring equitable and efficient operation of polling
places.
Sec. 1607. Prohibiting States from restricting curbside voting.
Part 2--Improvements in Operation of Election Assistance Commission
Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Part 3--Miscellaneous Provisions
Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter
registration.
Sec. 1624. Clarification of exemption for States which do not collect
telephone information.
Subtitle H--Democracy Restoration
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.
Subtitle I--Voter Identification and Allowable Alternatives
Sec. 1801. Requirements for voter identification.
Subtitle J--Voter List Maintenance Procedures
Part 1--Voter Caging Prohibited
Sec. 1901. Voter caging prohibited.
Part 2--Saving Eligible Voters From Voter Purging
Sec. 1911. Conditions for removal of voters from list of registered
voters.
Subtitle K--Severability
Sec. 1921. Severability.
DIVISION B--ELECTION INTEGRITY
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
Sec. 2001. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 2002. Establishment of best practices.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
Sec. 3001. Restrictions on removal of local election administrators in
administration of elections for Federal
office.
Subtitle B--Increased Protections for Election Workers
Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvass, and
certification efforts a crime.
Subtitle D--Protection of Election Records and Election Infrastructure
Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.
Subtitle E--Judicial Protection of the Right To Vote and Non-Partisan
Vote Tabulation
Part 1--Right To Vote Act
Sec. 3401. Short title.
Sec. 3402. Undue burdens on the ability to vote in elections for
Federal office prohibited.
Sec. 3403. Judicial review.
Sec. 3404. Definitions.
Sec. 3405. Rules of construction.
Sec. 3406. Severability.
Sec. 3407. Effective date.
Part 2--Clarifying Jurisdiction Over Election Disputes
Sec. 3411. Findings.
Sec. 3412. Clarifying authority of United States district courts to
hear cases.
Sec. 3413. Effective date.
Subtitle F--Poll Worker Recruitment and Training
Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.
Subtitle G--Preventing Poll Observer Interference
Sec. 3601. Protections for voters on Election Day.
Subtitle H--Preventing Restrictions on Food and Beverages
Sec. 3701. Short title; findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages
at polling stations.
Subtitle I--Establishing Duty To Report Foreign Election Interference
Sec. 3801. Findings relating to illicit money undermining our
democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance
system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.
Sec. 3903. Accessibility and ballot verification for individuals with
disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Subtitle K--Provisional Ballots
Sec. 3911. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
TITLE IV--VOTING SYSTEM SECURITY
Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and
remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Use of political party headquarters building fund for
technology or cybersecurity-related
purposes.
Sec. 4007. Severability.
DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT
TITLE V--NONPARTISAN REDISTRICTING REFORM
Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
Sec. 6001. Short title.
Sec. 6002. Findings.
Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 6003. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 6004. Study and report on illicit foreign money in Federal
elections.
Sec. 6005. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Sec. 6006. Disbursements and activities subject to foreign money ban.
Sec. 6007. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 6015. Sense of Congress regarding implementation.
Sec. 6016. Effective date.
Part 3--Other Administrative Reforms
Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
Sec. 6023. Effective date.
Subtitle B--Honest Ads
Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online
communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 6110. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle C--Spotlight Act
Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of
certain organizations.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Subtitle B--Restoring Integrity to America's Elections
Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Official exercising the responsibilities of the general
counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under
the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding To Promote Democracy
Part 1--Payments and Allocations to States
Sec. 8001. Democracy Advancement and Innovation Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in
elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of Democracy Advancement and Innovation.
Part 2--State Election Assistance and Innovation Trust Fund
Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.
Part 3--General Provisions
Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.
Subtitle B--Elections for House of Representatives
Sec. 8101. Short title.
Part 1--Optional Democracy Credit Program
Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.
Part 2--Optional Small Dollar Financing of Elections for House of
Representatives
Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 8114. Deadline for regulations; effective date.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for childcare and other personal use
services as authorized campaign
expenditure.
Subtitle D--Empowering Small Dollar Donations
Sec. 8301. Permitting political party committees to provide enhanced
support for House candidates through use of
separate small dollar accounts.
Subtitle E--Severability
Sec. 8401. Severability.
SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.
Congress finds that the Constitution of the United States grants
explicit and broad authority to protect the right to vote, to regulate
elections for Federal office, to prevent and remedy discrimination in
voting, and to defend the Nation's democratic process. Congress enacts
the Freedom to Vote Act pursuant to this broad authority, including but
not limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section 4,
clause 1. The Supreme Court has affirmed that the ``substantive
scope'' of the Elections Clause is ``broad''; that ``Times,
Places, and Manner'' are ``comprehensive words which embrace
authority to provide for a complete code for congressional
elections''; and ``[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''. Arizona v. Inter Tribal Council of
Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and
citations omitted). Indeed, ``Congress has plenary and
paramount jurisdiction over the whole subject'' of
congressional elections, Ex parte Siebold, 100 U.S. (10 Otto)
371, 388 (1879), and this power ``may be exercised as and when
Congress sees fit'', and ``so far as it extends and conflicts
with the regulations of the State, necessarily supersedes
them''. Id. at 384. Among other things, Congress finds that the
Elections Clause was intended to ``vindicate the people's right
to equality of representation in the House''. Wesberry v.
Sanders, 376 U.S. 1, 16 (1964), and to address partisan
gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United States,
to fulfill the promise of article IV, section 4, of the
Constitution, which states: ``The United States shall guarantee
to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is clear given
that Federal courts have not enforced this clause because they
understood that its enforcement is committed to Congress by the
Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to legislate
to enforce the provisions of the Fourteenth Amendment,
including its protections of the right to vote and the
democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd. of
Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979);
see United States v. Classic, 313 U.S. 299 (1941) (``Obviously
included within the right to choose, secured by the
Constitution, is the right of qualified voters within a State
to cast their ballots and have them counted . . .''). As the
Supreme Court has repeatedly affirmed, the right to vote is
``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S.
356, 370 (1886). Section 2 of the Fourteenth Amendment also
protects the right to vote, granting Congress additional
authority to reduce a State's representation in Congress when
the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively onerous
voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a citizen's
vote just as effectively as by wholly prohibiting the free
exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533,
555 (1964). Congress finds that the right of suffrage has been
so diluted and debased by means of gerrymandering of districts.
Congress finds that it has authority pursuant to section 5 of
the Fourteenth Amendment to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and the
democratic process pursuant to both section 5 of the Fourteenth
Amendment, which grants equal protection of the laws, and
section 2 of the Fifteenth Amendment, which explicitly bars
denial or abridgment of the right to vote on account of race,
color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting restrictions,
redistricting, and other electoral practices and processes
continue to disproportionately impact communities of color in
the United States and do so as a result of both intentional
racial discrimination, structural racism, and the ongoing
structural socioeconomic effects of historical racial
discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face intimidation
at the polls, are more likely to be disenfranchised by voter
purges, and are disproportionately burdened by excessively
onerous voter identification and other voter restrictions.
Research shows that communities of color are more likely to
face nearly every barrier to voting than their white
counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2022, according to the Sentencing
Project, an estimated 4,600,000 Americans could not vote due to
a felony conviction. One in 19 African Americans of voting age
is disenfranchised, a rate 3.5 times greater than that of non-
African Americans. In eight States--Alabama, Arizona, Florida,
Kentucky, Mississippi, South Dakota, Tennessee, and Virginia--
more than one in ten African Americans is disenfranchised,
nearly twice the national average for African Americans.
Congress finds that felony disenfranchisement was one of the
tools of intentional racial discrimination during the Jim Crow
era. Congress further finds that current racial disparities in
felony disenfranchisement are linked to this history of voter
suppression, structural racism in the criminal justice system,
and ongoing effects of historical discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on account
of sex, age, or ability to pay a poll tax or other tax pursuant
to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions and other restrictions to the franchise burden
voters on account of their ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses, age
restrictions on mail voting, and similar practices burden the
right to vote on account of age.
SEC. 4. STANDARDS FOR JUDICIAL REVIEW.
(a) In General.--For any action brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act or any
amendment made by this Act or any rule or regulation promulgated under
this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit. These courts, and
the Supreme Court of the United States on a writ of certiorari
(if such writ is issued), shall have exclusive jurisdiction to
hear such actions.
(2) The party filing the action shall concurrently deliver
a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(b) Clarifying Scope of Jurisdiction.--If an action at the time of
its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or any amendment made by
this Act or any rule or regulation promulgated under this Act, the
district court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be conducted
pursuant to subsection (a).
(c) Intervention by Members of Congress.--In any action described
in subsection (a), any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) or
Senate shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding the
constitutionality of the provision. To avoid duplication of efforts and
reduce the burdens placed on the parties to the action, the court in
any such action may make such orders as it considers necessary,
including orders to require interveners taking similar positions to
file joint papers or to be represented by a single attorney at oral
argument.
SEC. 5. 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.
DIVISION A--VOTER ACCESS
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2023''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the ability of all eligible citizens of the United
States to access and exercise their constitutional right to
vote in a free, fair, and timely manner must be vigilantly
enhanced, protected, and maintained; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2023''.
PART 1--AUTOMATIC VOTER REGISTRATION
SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic Voter
Registration Act of 2023''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and
Federal governments to ensure that every eligible
citizen is registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
for Federal office and disproportionate impacts on
young people, persons with disabilities, and racial and
ethnic minorities; and
(D) voter registration systems must be updated with
21st century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government to ensure that all eligible citizens are
registered to vote in elections for Federal office;
(B) to enable the State governments to register all
eligible citizens to vote with accurate, cost-
efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended by inserting after section 5 the following new
section:
``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY.
``(a) Definitions.--In this section--
``(1) Applicable agency.--The term `applicable agency'
means, with respect to a State, the State motor vehicle
authority responsible for motor vehicle driver's licenses under
State law.
``(2) Applicable transaction.--The term `applicable
transaction' means--
``(A) an application to an applicable agency for a
motor vehicle driver's license; and
``(B) any other service or assistance (including
for a change of address) provided by an applicable
agency.
``(3) Automatic registration.--The term `automatic
registration' means a system that registers an individual to
vote and updates existing registrations, in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
the applicable agency to election officials of the State so
that, unless the individual affirmatively declines to be
registered or to update any voter registration, the individual
will be registered to vote in such elections.
``(4) Eligible individual.--The term `eligible individual'
means, with respect to an election for Federal office, an
individual who is otherwise qualified to vote in that election.
``(5) Register to vote.--The term `register to vote'
includes updating an individual's existing voter registration.
``(b) Establishment.--
``(1) In general.--The chief State election official of
each State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this section.
``(2) Registration of voters based on new agency records.--
``(A) In general.--The chief State election
official shall--
``(i) subject to subparagraph (B), ensure
that each eligible individual who completes an
applicable transaction and does not decline to
register to vote is registered to vote--
``(I) in the next upcoming election
for Federal office (and subsequent
elections for Federal office), if an
applicable agency transmits information
under subsection (c)(1)(E) with respect
to the individual not later than the
applicable date; and
``(II) in subsequent elections for
Federal office, if an applicable agency
transmits such information with respect
to such individual after the applicable
date; and
``(ii) not later than 60 days after the
receipt of such information with respect to an
individual, send written notice to the
individual, in addition to other means of
notice established by this section, of the
individual's voter registration status.
``(B) Applicable date.--For purposes of this
subsection, the term `applicable date' means, with
respect to any election for Federal office, the later
of--
``(i) the date that is 28 days before the
date of the election; or
``(ii) the last day of the period provided
by State law for registration with respect to
such election.
``(C) Clarification.--Nothing in this subsection
shall prevent the chief State election official from
registering an eligible individual to vote for the next
upcoming election for Federal office in the State even
if an applicable agency transmits information under
subsection (c)(1)(E) with respect to the individual
after the applicable date.
``(3) Treatment of individuals under 18 years of age.--A
State may not refuse to treat an individual as an eligible
individual for purposes of this section on the grounds that the
individual is less than 18 years of age at the time an
applicable agency receives information with respect to the
individual, so long as the individual is at least 16 years of
age at such time. Nothing in the previous sentence may be
construed to require a State to permit an individual who is
under 18 years of age at the time of an election for Federal
office to vote in the election.
``(c) Applicable Agency Responsibilities.--
``(1) Instructions on automatic registration for agencies
collecting citizenship information.--
``(A) In general.--Except as otherwise provided in
this section, in the case of any applicable transaction
for which an applicable agency (in the normal course of
its operations) requests individuals to affirm United
States citizenship (either directly or as part of the
overall application for service or assistance or
enrollment), the applicable agency shall inform each
such individual who is a citizen of the United States
of the following:
``(i) Unless that individual declines to
register to vote, or is found ineligible to
vote, the individual will be registered to vote
or, if applicable, the individual's
registration will be updated.
``(ii) The substantive qualifications of an
elector in the State as listed in the mail
voter registration application form for
elections for Federal office prescribed
pursuant to section 9, the consequences of
false registration, and how the individual
should decline to register if the individual
does not meet all those qualifications.
``(iii) In the case of a State in which
affiliation or enrollment with a political
party is required in order to participate in an
election to select the party's candidate in an
election for Federal office, the requirement
that the individual must affiliate or enroll
with a political party in order to participate
in such an election.
``(iv) Voter registration is voluntary, and
neither registering nor declining to register
to vote will in any way affect the availability
of services or benefits, nor be used for other
purposes.
``(B) Individuals with limited english
proficiency.--In the case in which the individual is a
member of a group that constitutes 3 percent or more of
the overall population within the State served by the
applicable agency as measured by the United States
Census and are limited English proficient, the
information described in clauses (i) through (iv) of
subparagraph (A) shall be provided in a language
understood by the individual.
``(C) Clarification on procedures for ineligible
voters.--An applicable agency shall not provide an
individual who did not affirm United States
citizenship, or for whom the agency has conclusive
documentary evidence obtained through its normal course
of operations that the individual is not a United
States citizen, the opportunity to register to vote
under subparagraph (A).
``(D) Opportunity to decline registration
required.--Except as otherwise provided in this
section, each applicable agency shall ensure that each
applicable transaction described in subparagraph (A)
with an eligible individual cannot be completed until
the individual is given the opportunity to decline to
be registered to vote. In the case where the individual
is a member of a group that constitutes 3 percent or
more of the overall population within the State served
by the applicable agency as measured by the United
States Census and are limited English proficient, such
opportunity shall be given in a language understood by
the individual.
``(E) Information transmittal.--Not later than 10
days after an applicable transaction with an eligible
individual, if the individual did not decline to be
registered to vote, the applicable agency shall
electronically transmit to the appropriate State
election official the following information with
respect to the individual:
``(i) The individual's given name(s) and
surname(s).
``(ii) The individual's date of birth.
``(iii) The individual's residential
address.
``(iv) Information showing that the
individual is a citizen of the United States.
``(v) The date on which information
pertaining to that individual was collected or
last updated.
``(vi) If available, the individual's
signature in electronic form.
``(vii) In the case of a State in which
affiliation or enrollment with a political
party is required in order to participate in an
election to select the party's candidate in an
election for Federal office, information
regarding the individual's affiliation or
enrollment with a political party, but only if
the individual provides such information.
``(viii) Any additional information listed
in the mail voter registration application form
for elections for Federal office prescribed
pursuant to section 9, including any valid
driver's license number or the last 4 digits of
the individual's social security number, if the
individual provided such information.
``(F) Provision of information regarding
participation in primary elections.--In the case of a
State in which affiliation or enrollment with a
political party is required in order to participate in
an election to select the party's candidate in an
election for Federal office, if the information
transmitted under subparagraph (E) with respect to an
individual does not include information regarding the
individual's affiliation or enrollment with a political
party, the chief State election official shall--
``(i) notify the individual that such
affiliation or enrollment is required to
participate in primary elections; and
``(ii) provide an opportunity for the
individual to update their registration with a
party affiliation or enrollment.
``(G) Clarification.--Nothing in this section shall
be read to require an applicable agency to transmit to
an election official the information described in
subparagraph (E) for an individual who is ineligible to
vote in elections for Federal office in the State,
except to the extent required to pre-register citizens
between 16 and 18 years of age.
``(2) Alternate procedure for certain other applicable
agencies.--With each applicable transaction for which an
applicable agency in the normal course of its operations does
not request individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance), the applicable agency shall--
``(A) complete the requirements of section 5;
``(B) ensure that each applicant's transaction with
the applicable agency cannot be completed until the
applicant has indicated whether the applicant wishes to
register to vote or declines to register to vote in
elections for Federal office held in the State; and
``(C) for each individual who wishes to register to
vote, transmit that individual's information in
accordance with subsection (c)(1)(E), unless the
applicable agency has conclusive documentary evidence
obtained through its normal course of operations that
the individual is not a United States citizen.
``(3) Required availability of automatic registration
opportunity with each application for service or assistance.--
Each applicable agency shall offer each eligible individual,
with each applicable transaction, the opportunity to register
to vote as prescribed by this section without regard to whether
the individual previously declined a registration opportunity.
``(d) Voter Protection.--
``(1) Applicable agencies' protection of information.--
Nothing in this section authorizes an applicable agency to
collect, retain, transmit, or publicly disclose any of the
following, except as necessary to comply with title III of the
Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
``(A) An individual's decision to decline to
register to vote or not to register to vote.
``(B) An individual's decision not to affirm his or
her citizenship.
``(C) Any information that an applicable agency
transmits pursuant to subsection (c)(1)(E), except in
pursuing the agency's ordinary course of business.
``(2) Election officials' protection of information.--
``(A) Public disclosure prohibited.--
``(i) In general.--Subject to clause (ii),
with respect to any individual for whom any
State election official receives information
from an applicable agency, the State election
official shall not publicly disclose any of the
following:
``(I) Any information not necessary
to voter registration.
``(II) Any voter information
otherwise shielded from disclosure
under State law or section 8(a).
``(III) Any portion of the
individual's social security number.
``(IV) Any portion of the
individual's motor vehicle driver's
license number.
``(V) The individual's signature.
``(VI) The individual's telephone
number.
``(VII) The individual's email
address.
``(ii) Special rule for individuals
registered to vote.--The prohibition on public
disclosure under clause (i) shall not apply
with respect to the telephone number or email
address of any individual for whom any State
election official receives information from the
applicable agency and who, on the basis of such
information, is registered to vote in the State
under this section.
``(e) Miscellaneous Provisions.--
``(1) Accessibility of registration services.--Each
applicable agency shall ensure that the services it provides
under this section are made available to individuals with
disabilities to the same extent as services are made available
to all other individuals.
``(2) Transmission through secure third party permitted.--
Nothing in this section or in the Automatic Voter Registration
Act of 2023 shall be construed to prevent an applicable agency
from contracting with a third party to assist the agency in
meeting the information transmittal requirements of this
section, so long as the data transmittal complies with the
applicable requirements of this section and such Act, including
provisions relating privacy and security.
``(3) Nonpartisan, nondiscriminatory provision of
services.--The services made available by applicable agencies
under this section shall be made in a manner consistent with
paragraphs (4), (5), and (6)(C) of section 7(a).
``(4) Notices.--Each State may send notices under this
section via electronic mail if the individual has provided an
electronic mail address and consented to electronic mail
communications for election-related materials. All notices sent
pursuant to this section that require a response must offer the
individual notified the opportunity to respond at no cost to
the individual.
``(5) Registration at other state offices permitted.--
Nothing in this section may be construed to prohibit a State
from offering voter registration services described in this
section at offices of the State other than the State motor
vehicle authority.
``(f) Applicability.--
``(1) In general.--This section shall not apply to an
exempt State.
``(2) Exempt state defined.--The term `exempt State' means
a State that, under law that is in effect continuously on and
after the date of enactment of this section, either--
``(A) has no voter registration requirement for any
voter in the State with respect to a Federal election;
or
``(B) operates a system of automatic registration
at the motor vehicle authority of the State or a
Permanent Dividend Fund of the State under which an
individual is provided the opportunity to decline
registration during the transaction or by way of a
notice sent by mail or electronically after the
transaction.''.
(b) Conforming Amendments.--
(1) Section 4(a) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(a)) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new
paragraph:
``(2) by application made simultaneously with an
application for a motor vehicle driver's license pursuant to
section 5A;''.
(2) Section 4(b) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(b)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``States.--This Act'' and inserting
``States.--
``(1) In general.--Except as provided in paragraph (2),
this Act''; and
(C) by adding at the end the following new
paragraph:
``(2) Application of automatic registration requirements.--
Section 5A shall apply to a State described in paragraph (1),
unless the State is an exempt State as defined in subsection
(f)(2) of such section.''.
(3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is
amended by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
``(B) in the case of registration under section 5A,
within the period provided in section 5A(b)(2);''.
SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall
not be prosecuted under any Federal or State law, adversely affected in
any civil adjudication concerning immigration status or naturalization,
or subject to an allegation in any legal proceeding that the individual
is not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote.
(2) The individual is not eligible to vote in elections for
Federal office but was registered to vote due to individual or
agency error.
(3) The individual was automatically registered to vote at
an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration.
(b) Limits on Use of Automatic Registration.--The automatic
registration (within the meaning of section 5A of the National Voter
Registration Act of 1993) of any individual or the fact that an
individual declined the opportunity to register to vote or did not make
an affirmation of citizenship (including through automatic
registration) may not be used as evidence against that individual in
any State or Federal law enforcement proceeding or any civil
adjudication concerning immigration status or naturalization, and an
individual's lack of knowledge or willfulness of such registration may
be demonstrated by the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsection (a) or
(b) may be construed to prohibit or restrict any action under color of
law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration (within
the meaning of section 5A of the National Voter Registration
Act of 1993) by any individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Election Officials' Protection of Information.--
(1) Voter record changes.--Each State shall maintain for
not less than 2 years and shall make available for public
inspection (and, where available, photocopying at a reasonable
cost), including in electronic form and through electronic
methods, all records of changes to voter records, including
removals, the reasons for removals, and updates.
(2) Database management standards.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Institute of Standards and Technology, in consultation
with State and local election officials and the Commission,
shall, after providing the public with notice and the
opportunity to comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request; and
(D) ensure that the standards developed pursuant to
this paragraph are maintained and updated in a manner
that reflects innovations and best practices in the
security of database management.
(3) Security policy.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Director of the
National Institute of Standards and Technology shall,
after providing the public with notice and the
opportunity to comment, publish privacy and security
standards for voter registration information not later
than 45 days after the deadline for public notice and
comment. The standards shall require the chief State
election official of each State to adopt a policy that
shall specify--
(i) each class of users who shall have
authorized access to the computerized statewide
voter registration list, specifying for each
class the permission and levels of access to be
granted, and setting forth other safeguards to
protect the privacy, security, and accuracy of
the information on the list; and
(ii) security safeguards to protect
personal information transmitted through the
information transmittal processes of section
5A(b) of the National Voter Registration Act of
1993, any telephone interface, the maintenance
of the voter registration database, and any
audit procedure to track access to the system.
(B) Maintenance and updating.--The Director of the
National Institute of Standards and Technology shall
ensure that the standards developed pursuant to this
paragraph are maintained and updated in a manner that
reflects innovations and best practices in the privacy
and security of voter registration information.
(4) State compliance with national standards.--
(A) Certification.--The chief State election
official of the State shall annually file with the
Commission a statement certifying to the Director of
the National Institute of Standards and Technology that
the State is in compliance with the standards referred
to in paragraphs (2) and (3). A State may meet the
requirement of the previous sentence by filing with the
Commission a statement that reads as follows: ``_____
hereby certifies that it is in compliance with the
standards referred to in paragraphs (2) and (3) of
section 1003(d) of the Automatic Voter Registration Act
of 2023.'' (with the blank to be filled in with the
name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this part for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years, the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(e) Restrictions on Use of Information.--No person acting under
color of law may discriminate against any individual based on, or use
for any purpose other than voter registration, election administration,
juror selection, or enforcement relating to election crimes, any of the
following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 5A of the
National Voter Registration Act of 1993.
(3) An individual's voter registration status.
(f) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this part or the
amendments made by this part shall not be used for commercial purposes.
Nothing in this subsection may be construed to prohibit the
transmission, exchange, or dissemination of information for political
purposes, including the support of campaigns for election for Federal,
State, or local public office or the activities of political committees
(including committees of political parties) under the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
SEC. 1004. PAYMENTS AND GRANTS.
(a) In General.--The Commission shall make grants to each eligible
State to assist the State in implementing the requirements of this part
and the amendments made by this part (or, in the case of an exempt
State, in implementing its existing automatic voter registration
program or expanding its automatic voter registration program in a
manner consistent with the requirements of this part) with respect to
the offices of the State motor vehicle authority and any other offices
of the State at which the State offers voter registration services as
described in this part and the amendments made by this part.
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities that are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between applicable agencies (as defined in section 5A of the
National Voter Registration Act of 1993) and the appropriate
State election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of enactment of this
Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Exempt State.--For purposes of this section, the term ``exempt
State'' has the meaning given that term in section 5A of the National
Voter Registration Act of 1993, and also includes a State in which,
under law that is in effect continuously on and after the date of
enactment of the National Voter Registration Act of 1993, there is no
voter registration requirement for any voter in the State with respect
to an election for Federal office.
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $3,000,000,000 for fiscal year 2024; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 1005. MISCELLANEOUS PROVISIONS.
(a) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this part in the same manner as such section applies to such Act.
(b) Relation to Other Laws.--Except as provided, nothing in this
part or the amendments made by this part may be construed to authorize
or require conduct prohibited under, or to supersede, restrict, or
limit the application of any of the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.) (other than section 5A thereof).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 1006. DEFINITIONS.
In this part, the following definitions apply:
(1) 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.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 1007. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall apply on and after January
1, 2025.
(b) Waiver.--If a State certifies to the Commission not later than
January 1, 2025, that the State will not meet the deadline described in
subsection (a) because it would be impracticable to do so and includes
in the certification the reasons for the failure to meet such deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2025'' were a reference to ``January 1,
2027''.
PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY
SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.
(a) In General.--Section 6103(a) of title 5, United States Code, is
amended by inserting after the item relating to Columbus Day, the
following:
``Election Day, the Tuesday next after the first Monday in November
in each even-numbered year.''.
(b) Conforming Amendment.--Section 241(b) of the Help America Vote
Act of 2002 (52 U.S.C. 20981(b)) is amended--
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (19) as
paragraphs (10) through (18), respectively.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the regularly scheduled general elections for
Federal office held in November 2024 or any succeeding year.
PART 3--PROMOTING INTERNET REGISTRATION
SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
Each State, acting through the chief State election official, shall
ensure that the following services are available to the public at any
time on the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements under paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraphs (A) and (B), ensure that the
individual is registered to vote in the State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements under paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an
individual under this section, the appropriate State or
local election official shall provide the individual a
notice confirming the State's receipt of the
application and providing instructions on how the
individual may check the status of the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) though the
online submission process and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(2) Notice of disposition.--
``(A) In general.--Not later than 7 days after the
date on which the appropriate State or local election
official approves or rejects an application submitted
by an individual under this section, the official shall
provide the individual a notice of the disposition of
the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) by regular mail
and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A State shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal, State, or
local law governing the treatment of registered voters in the State or
the administration of elections for public office in the State, a State
shall treat a registered voter who registered to vote online in
accordance with this section in the same manner as the State treats a
registered voter who registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(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 online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) 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
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)), as amended by section 1002(b)(3), is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 28 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later
than 7 days after the appropriate State or
local election official has accepted or
rejected updated information submitted by an
individual under this paragraph, the official
shall send the individual a notice of the
disposition of the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail and--
``(I) in the case of an individual
who has requested that the State
provide voter registration and voting
information through electronic mail, by
electronic mail; and
``(II) at the option of the
individual, by text message.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
statewide voter registration list using such online method,''.
SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
Email Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) in paragraph (4)--
(i) by redesignating clauses (i), (ii), and
(iii) as subparagraphs (A), (B), and (C),
respectively; and
(ii) in subparagraph (C), as so
redesignated, by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) that the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52 U.S.C.
20508) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election for Federal office involved,
shall provide the individual with information on how to obtain
the following information by electronic means:
``(A)(i) If the individual is assigned to vote in
the election at a specific polling place--
``(I) the name and address of the polling
place; and
``(II) the hours of operation for the
polling place.
``(ii) If the individual is not assigned to vote in
the election at a specific polling place--
``(I) the name and address of locations at
which the individual is eligible to vote; and
``(II) the hours of operation for those
locations.
``(B) A description of any identification or other
information the individual may be required to present
at the polling place or a location described in
subparagraph (A)(ii)(I) to vote in the election.''.
SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION
TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE
THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER.
(a) Form Included With Application for Motor Vehicle Driver's
License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the
semicolon at the end and inserting the following: ``, and to the extent
that the application requires the applicant to provide a social
security number, may not require the applicant to provide more than the
last 4 digits of such number;''.
(b) National Mail Voter Registration Form.--Section 9(b)(1) of such
Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the
end and inserting the following: ``, and to the extent that the form
requires the applicant to provide a social security number, the form
may not require the applicant to provide more than the last 4 digits of
such number;''.
SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.
Section 4 of the National Voter Registration Act of 1993 (52 U.S.C.
20503) is amended by adding at the end the following new subsection:
``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions shall apply to
a State described in paragraph (2) thereof:
``(1) Section 6A (as added by section 1021(a) of the Voter
Registration Modernization Act of 2023).
``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of
the Voter Registration Modernization Act of 2023).
``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of
Voter Registration Modernization Act of 2023), but only to the
extent such provision relates to section 6A.
``(4) Section 8(j) (as added by section 1024 of the Voter
Registration Modernization Act of 2023), but only to the extent
such provision relates to section 6A.''.
SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER
REGISTRATION SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on local, State, and
Federal personally identifiable information data collections efforts
related to online voter registration systems, the cybersecurity
resources necessary to defend such efforts from online attacks, and the
impact of a potential data breach of local, State, or Federal online
voter registration systems.
SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS
APPLICATION FOR ABSENTEE BALLOT.
Section 5(c) of the National Voter Registration Act of 1993 (52
U.S.C. 20504(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election for
Federal office held in the State and in each subsequent
election for Federal office held in the State.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) In the case of an individual who is treated as having
applied for an absentee ballot in the next election for Federal office
held in the State and in each subsequent election for Federal office
held in the State under paragraph (2)(F), such treatment shall remain
effective until the earlier of such time as--
``(i) the individual is no longer registered to vote in the
State; or
``(ii) the individual provides an affirmative written
notice revoking such treatment.
``(B) The treatment of an individual as having applied for an
absentee ballot in the next election for Federal office held in the
State and in each subsequent election for Federal office held in the
State under paragraph (2)(F) shall not be revoked on the basis that the
individual has not voted in an election''.
SEC. 1029. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made by section
1024) shall apply with respect to the regularly scheduled general
election for Federal office held in November 2024 and each succeeding
election for Federal office.
(b) Waiver.--If a State certifies to the Election Assistance
Commission not later than 180 days after the date of enactment of this
Act that the State will not meet the deadline described in subsection
(a) because it would be impracticable to do so and includes in the
certification the reasons for the failure to meet such deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``the regularly scheduled general election for Federal
office held in November 2024'' were a reference to ``January 1, 2026''.
PART 4--SAME-DAY VOTER REGISTRATION
SEC. 1031. SAME-DAY REGISTRATION.
(a) In General.--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, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME-DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of enactment of this
section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Ensuring Availability of Forms.--The State shall ensure that
each polling place has copies of any forms an individual may be
required to complete in order to register to vote or revise the
individual's voter registration information under this section.
``(d) Effective Date.--
``(1) In general.--Subject to paragraph (2), each State
shall be required to comply with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2024 and for any
subsequent election for Federal office.
``(2) Special rules for elections before november 2026.--
``(A) Elections prior to november 2026 general
election.--A State shall be deemed to be in compliance
with the requirements of this section for the regularly
scheduled general election for Federal office occurring
in November 2024 and subsequent elections for Federal
office occurring before the regularly scheduled general
election for Federal office in November 2026 if at
least 1 location for each 15,000 registered voters in
each jurisdiction in the State meets such requirements,
and such location is reasonably located to serve voting
populations equitably across the jurisdiction.
``(B) November 2026 general election.--If a State
certifies to the Election Assistance Commission not
later than November 3, 2026, that the State will not be
in compliance with the requirements of this section for
the regularly scheduled general election for Federal
office occurring in November 2026 because it would be
impracticable to do so and includes in the
certification the reasons for the failure to meet such
requirements, the State shall be deemed to be in
compliance with the requirements of this section for
such election if at least one location for each 15,000
registered voters in each jurisdiction in the State
meets such requirements, and such location is
reasonably located to serve voting populations
equitably across the jurisdiction.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendments.--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, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same-day registration.''.
SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT
WITH TIMING OF LEGAL PUBLIC HOLIDAYS.
(a) In General.--Section 8(a)(1) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days''
each place it appears and inserting ``28 days''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections held in 2024 or any succeeding year.
PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY
SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION
INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES.
(a) Authorization.--The Secretary of Homeland Security shall
establish a process for authorizing the chief State election official
of a State to disseminate voter registration information at the
conclusion of any naturalization ceremony conducted by the Department
of Homeland Security, its constituent agencies, or the Federal
judiciary.
(b) No Effect on Other Authority.--Nothing in this section shall be
construed to imply that a Federal agency cannot provide voter
registration services beyond those minimally required herein, or to
imply that agencies not named may not distribute voter registration
information or provide voter registration services up to the limits of
their statutory and funding authority.
(c) Designated Voter Registration Agencies.--In any State or other
location in which a Federal agency is designated as a voter
registration agency under section 7(a)(3)(B)(ii) of the National Voter
Registration Act, the voter registration responsibilities incurred
through such designation shall supersede the requirements described in
this section.
SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN
LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING
AND MORTGAGE APPLICATIONS.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(2) Director.--The term ``Director'' means the Director of
the Bureau.
(3) Federal rental assistance.--The term ``Federal rental
assistance'' means rental assistance provided under--
(A) any covered housing program, as defined in
section 41411(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12491(a));
(B) title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), including voucher assistance under
section 542 of such title (42 U.S.C. 1490r);
(C) the Housing Trust Fund program under section
1338 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4588); or
(D) subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.).
(4) Federally backed multifamily mortgage loan.--The term
``federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed
principally for the occupancy of 5 or more families,
including any such secured loan, the proceeds of which
are used to prepay or pay off an existing loan secured
by the same property; and
(B) is made in whole or in part, or insured,
guaranteed, supplemented, or assisted in any way, by
any officer or agency of the Federal Government or
under or in connection with a housing or urban
development program administered by the Secretary of
Housing and Urban Development or a housing or related
program administered by any other such officer or
agency, or is purchased or securitized by the Federal
Home Loan Mortgage Corporation or the Federal National
Mortgage Association.
(5) Owner.--The term ``owner'' has the meaning given the
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(6) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(7) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan that is secured by a first or
subordinate lien on residential real property, including
individual units of condominiums and cooperatives, designed
principally for the occupancy of from 1 to 4 families.
(b) Uniform Statement.--
(1) Development.--The Director, after consultation with the
Election Assistance Commission, shall develop a uniform
statement designed to provide recipients of the statement
pursuant to this section with information on how the recipient
can register to vote and the voting rights of the recipient
under law.
(2) Responsibilities.--In developing the uniform statement,
the Director shall be responsible for--
(A) establishing the format of the statement;
(B) consumer research and testing of the statement;
and
(C) consulting with and obtaining from the Election
Assistance Commission the content regarding voter
rights and registration issues needed to ensure the
statement complies with the requirements of paragraph
(1).
(3) Languages.--
(A) In general.--The uniform statement required
under paragraph (1) shall be developed and made
available in English and in each of the 10 languages
most commonly spoken by individuals with limited
English proficiency, as determined by the Director
using information published by the Director of the
Bureau of the Census.
(B) Publication.--The Director shall make all
translated versions of the uniform statement required
under paragraph (1) publicly available in a centralized
location on the website of the Bureau.
(c) Leases and Vouchers for Federally Assisted Rental Housing.--
Each Federal agency administering a Federal rental assistance program
shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (b) to each
lessee of a dwelling unit in public housing administered by the
agency--
(A) together with the lease for the dwelling unit,
at the same time the lease is signed by the lessee; and
(B) together with any income verification form, at
the same time the form is provided to the lessee;
(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13) of
such section 8(o), to provide a copy of the uniform statement
developed pursuant to subsection (b) to each assisted family or
individual--
(A) together with the voucher for the assistance,
at the time the voucher is issued for the family or
individual; and
(B) together with any income verification form, at
the time the voucher is provided to the applicant or
assisted family or individual; and
(3) each owner of a dwelling unit assisted with Federal
rental assistance to provide a copy of the uniform statement
developed pursuant to subsection (b) to the lessee of the
dwelling unit--
(A) together with the lease for such dwelling unit,
at the same time the lease is signed by the lessee; and
(B) together with any income verification form, at
the same time the form is provided to the applicant or
tenant.
(d) Applications for Residential Mortgage Loans.--The Director
shall require each creditor (within the meaning of such term as used in
section 1026.2(a)(17) of title 12, Code of Federal Regulations) that
receives an application (within the meaning of such term as used in
section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to
provide a copy of the uniform statement developed pursuant to
subsection (b) in written form to the applicant for the residential
mortgage loan not later than 5 business days after the date of the
application.
(e) Federally Backed Multifamily Mortgage Loans.--The head of the
Federal agency insuring, guaranteeing, supplementing, or assisting a
federally backed multifamily mortgage loan, or the Director of the
Federal Housing Finance Agency in the case of a federally backed
multifamily mortgage loan that is purchased or securitized by the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association, shall require the owner of the property secured by the
federally backed multifamily mortgage loan to provide a copy of the
uniform statement developed pursuant to subsection (b) in written form
to each lessee of a dwelling unit assisted by that loan at the time the
lease is signed by the lessee.
(f) Optional Completion of Voter Registration.--Nothing in this
section may be construed to require any individual to complete a voter
registration form.
(g) Regulations.--The head of a Federal agency administering a
Federal rental assistance program, the head of the Federal agency
insuring, guaranteeing, supplementing, or assisting a federally backed
multifamily mortgage loan, the Director of the Federal Housing Finance
Agency, and the Director may issue such regulations as may be necessary
to carry out this section.
(h) No Effect on Other Authority.--Nothing in this section shall be
construed to imply that a Federal agency cannot provide voter
registration services beyond those minimally required herein, or to
imply that agencies not named may not distribute voter registration
information or provide voter registration services up to the limits of
their statutory and funding authority.
(i) Designated Voter Registration Agencies.--In any State or other
location in which a Federal agency is designated as a voter
registration agency under section 7(a)(3)(B)(ii) of the National Voter
Registration Act, the voter registration responsibilities incurred
through such designation shall supersede the requirements described in
this section.
SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1024,
is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18 Years of
Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the individual
is under 18 years of age at the time the individual submits the
application, so long as the individual is at least 16 years of
age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to permit
an individual who is under 18 years of age at the time of an
election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2024.
SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY
PROGRAMS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 1031(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. VOTER PRIVACY PROGRAMS.
``(a) In General.--Each State shall establish and operate a privacy
program to enable victims of domestic violence, dating violence,
stalking, sexual assault, and trafficking to have personally
identifiable information that State or local election officials
maintain with respect to an individual voter registration status for
purposes of elections for Federal office in the State, including
addresses, be kept confidential.
``(b) Notice.--Each State shall notify residents of that State of
the information that State and local election officials maintain with
respect to an individual voter registration status for purposes of
elections for Federal office in the State, how that information is
shared or sold and with whom, what information is automatically kept
confidential, what information is needed to access voter information
online, and the privacy programs that are available.
``(c) Public Availability.--Each State shall make information about
the program established under subsection (a) available on a publicly
accessible website.
``(d) Definitions.--In this section:
``(1) The terms `dating violence', `domestic violence',
`sexual assault', and `stalking' have the meanings given those
terms in section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291).
``(2) The term `trafficking' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(e) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on and after
January 1, 2025.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Voter privacy programs.''.
PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE
SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of
2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise provided
in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--
Notwithstanding paragraph (3), a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2023, including the
requirements of the National Voter Registration Act of 1993
that are imposed pursuant to the amendments made to such Act by
the Voter Registration Modernization Act of 2023.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2024 and each succeeding fiscal year.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a)
and section 1044(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) ensure that absentee registration forms, absentee
ballot applications, and absentee ballots that are available
electronically are accessible (as defined in section 307);
``(2) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(3) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official within the deadline for the
election which is applicable under Federal law;
``(4) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c));
and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(5) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d); and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for Voters With
Disabilities in State.--
``(1) In general.--Each State shall designate a single
office that shall be responsible for providing information
regarding voter registration procedures, absentee ballot
procedures, and in-person voting procedures to be used by
individuals with disabilities with respect to elections for
Federal office to all individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State.
``(2) Responsibilities.--Each State shall, through the
office designated under paragraph (1)--
``(A) provide information to election officials--
``(i) on how to set up and operate
accessible voting systems; and
``(ii) regarding the accessibility of
voting procedures, including guidance on
compatibility with assistive technologies such
as screen readers and ballot marking devices;
``(B) integrate information on accessibility,
accommodations, disability, and older individuals into
regular training materials for poll workers and
election administration officials;
``(C) train poll workers on how to make polling
places accessible for individuals with disabilities and
older individuals;
``(D) promote the hiring of individuals with
disabilities and older individuals as poll workers and
election staff; and
``(E) publicly post the results of any audits to
determine the accessibility of polling places not later
than 6 months after the completion of the audit.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of accessible electronic
communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(4);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
in which an individual with a disability does not designate a
preference under subsection (a)(4)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots
by mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot envelope, to ensure
that if an individual with a disability requests the State to
transmit a blank absentee ballot to the individual in
accordance with this subsection, the voted absentee ballot that
is returned by the individual is the same blank absentee ballot
that the State transmitted to the individual.
``(e) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2024.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 306, January 1, 2024.''.
(2) Redesignation.--
(A) In general.--Title III of such Act (52 U.S.C.
21081 et seq.) is amended by redesignating sections 311
and 312 as sections 321 and 322, respectively.
(B) Conforming amendment.--Section 321(a) of such
Act, as redesignated by subparagraph (A), is amended by
striking ``section 312'' and inserting ``section 322''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c) and section 1044(b), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION
WEBSITES.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), and section 1101(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(2) by inserting after section 306 the following:
``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION
WEBSITES.
``(a) In General.--Not later than January 1, 2025, each State shall
establish a single election website that is accessible and meets the
following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are
accessible for individuals with disabilities and older
individuals in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and
participation of individuals with disabilities
and older individuals in elections for public
office; and
``(ii) the voting rights and protections
for individuals with disabilities and older
individuals under State and Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places
within the State, including outreach programs to inform
individuals about the availability of accessible
polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all
polling places in the State;
``(D) the availability of aid or assistance for
individuals with disabilities and older individuals to
cast their vote in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters at
polling places;
``(E) the availability of transportation aid or
assistance to the polling place for individuals with
disabilities or older individuals;
``(F) the rights and protections under State and
Federal law for individuals with disabilities and older
individuals to participate in elections; and
``(G) how to contact State, local, and Federal
officials with complaints or grievances if individuals
with disabilities, older individuals, Native Americans,
Alaska Natives, and individuals with limited
proficiency in the English language feel their ability
to register to vote or vote has been blocked or
delayed.
``(b) Partnership With Outside Technical Organization.--The chief
State election official of each State, through the committee of
appropriate individuals under subsection (c)(2), shall partner with an
outside technical organization with demonstrated experience in
establishing accessible and easy to use accessible election websites
to--
``(1) update an existing election website of the State to
make the website fully accessible in accordance with this
section; or
``(2) develop an election website of the State that is
fully accessible in accordance with this section.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State plan
that describes how the State and local governments will meet
the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the 4 most
populous jurisdictions within the State.
``(B) The chief election officials of the 4 least
populous jurisdictions within the State.
``(C) Representatives from 2 disability advocacy
groups, including not fewer than 1 such representative
who is an individual with a disability.
``(D) Representatives from 2 older individual
advocacy groups, including not fewer than 1 such
representative who is an older individual.
``(E) Representatives from 2 independent non-
governmental organizations with expertise in
establishing and maintaining accessible websites.
``(F) Representatives from 2 independent non-
governmental voting rights organizations.
``(G) Representatives from State protection and
advocacy systems, as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
``(d) Partnership To Monitor and Verify Accessibility.--The chief
State election official of each eligible State, through the committee
of appropriate individuals established under subsection (c)(2), shall
partner with not fewer than 2 of the following organizations to monitor
and verify the accessibility of the election website of the State and
the completeness of the election information and the accuracy of the
disability information provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services established
under subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et
seq.).
``(2) Centers for independent living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) The State Council on Developmental Disabilities
established under section 125 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
``(4) State protection and advocacy systems, as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29 U.S.C.
796d).
``(6) State programs established under the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.).
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--For purposes of this section, section 305, and
section 307:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under
subsection (a) or an electronic communication under
section 305--
``(i) that the functions and content of the
website or electronic communication, including
all text, visual, and aural content, are as
accessible to people with disabilities as to
those without disabilities;
``(ii) that the functions and content of
the website or electronic communication are
accessible to individuals with limited
proficiency in the English language; and
``(iii) that the website or electronic
communication meets, at a minimum, conformance
to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a
polling place), that the facility is readily accessible
to and usable by individuals with disabilities and
older individuals, as determined under the 2010 ADA
Standards for Accessible Design of the Department of
Justice, published on September 15, 2010 (or any
successor standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102), and who is otherwise qualified to vote
in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal office.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b), is amended by
striking ``section 306'' and inserting ``sections 306 and 307''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), and section 1101(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309, respectively; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Establishment and maintenance of accessible election
websites.''.
SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), and
section 1102(a), is amended--
(A) by redesignating sections 308 and 309 as
sections 309 and 310, respectively; and
(B) by inserting after section 307 the following:
``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND
OLDER INDIVIDUALS.
``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 306;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in person
in an election for Federal office, such as the option to cast a
ballot outside of the polling place or from a vehicle, or
providing an expedited voting line; and
``(3) consider options to establish mobile polling sites to
allow election officials or volunteers to travel to long-term
care facilities and assist residents who request assistance in
casting a ballot in order to maintain the privacy and
independence of voters in those facilities.
``(b) Clarification.--Nothing in this section shall be construed to
alter the requirements under Federal law that all polling places for
Federal elections are accessible to individuals with disabilities and
older individuals.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2026.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by section 1102(b), is amended by striking ``and
307'' and inserting ``, 307, and 308''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), and section 1102(c), is amended--
(A) by redesignating the items relating to sections
308 and 309 as relating to sections 309 and 310,
respectively; and
(B) by inserting after the item relating to section
307 the following new item:
``Sec. 308. Access to voting for individuals with disabilities and
older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly
individuals'' each place it appears and inserting
``individuals with disabilities and older
individuals'';
(B) by striking ``handicapped and elderly voters''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking
``handicapped or elderly voter'' and inserting
``individual with a disability or older individual'';
(D) in section 5(b), by striking ``handicapped
voter'' and inserting ``individual with a disability'';
and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and
inserting the following:
``(1) `accessible' has the meaning given that term in
section 307 of the Help America Vote Act of 2002, as added by
section 1102(a) of the Freedom to Vote Act;
``(2) `older individual' has the meaning given that term in
such section 307;''; and
(ii) by striking paragraph (4), and
inserting the following:
``(4) `individual with a disability' has the meaning given
that term in such section 306; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the Voting
Accessibility for the Elderly and Handicapped Act
(Public Law 98-435; 42 U.S.C. 1973ee note) is amended
by striking ``for the Elderly and Handicapped'' and
inserting ``for Individuals with Disabilities and Older
Individuals''.
(B) References.--Any reference in any other
provision of law, regulation, document, paper, or other
record of the United States to the ``Voting
Accessibility for the Elderly and Handicapped Act''
shall be deemed to be a reference to the ``Voting
Accessibility for Individuals with Disabilities and
Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2026, and shall apply with
respect to elections for Federal office held on or after that
date.
SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), and section
1103(a)(1), is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 311, respectively; and
(2) by inserting after section 308 the following:
``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
``(a) In General.--A State shall not determine that an individual
lacks the capacity to vote in an election for Federal office on the
ground that the individual is subject to guardianship, unless a court
of competent jurisdiction issues a court order finding by clear and
convincing evidence that the individual cannot communicate, with or
without accommodations, a desire to participate in the voting process.
``(b) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2024.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102 and 1103, is amended by striking ``and 308'' and
inserting ``308, and 309''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), and section 1103(a)(3), is amended--
(1) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311, respectively; and
(2) by inserting after the item relating to section 308 the
following new item:
``Sec. 309. Protections for individuals subject to guardianship.''.
SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2024 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (c), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2024 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period that begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
SEC. 1106. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO
REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT
RESIDENCES.
(a) Establishment of Pilot Programs.--The Election Assistance
Commission (hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations to carry out this section, make
grants to eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means (including the
internet and telephones utilizing assistive devices) to register to
vote and to request and receive absentee ballots in a manner which
permits such individuals to do so privately and independently at their
own residences.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State during
the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing such
information and assurances as the Commission may require.
(d) Timing.--The Commission shall make the first grants under this
section for pilot programs which will be in effect with respect to
elections for Federal office held in 2024, or, at the option of a
State, with respect to other elections for public office held in the
State in 2024.
(e) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 1107. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS
WITH DISABILITIES.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis after each regularly scheduled general election for
Federal office with respect to the following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges
posed by such facilities; and
(B) the extent to which such facilities are used as
polling places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or other Federal agencies to
help State and local officials improve voting access for
individuals with disabilities during elections for Federal
office.
(3) When accessible voting machines are available at a
polling place, the extent to which such machines--
(A) are located in places that are difficult to
access;
(B) malfunction; or
(C) fail to provide sufficient privacy to ensure
that the ballot of the individual cannot be seen by
another individual.
(4) The process by which Federal, State, and local
governments track compliance with accessibility requirements
related to voting access, including methods to receive and
address complaints.
(5) The extent to which poll workers receive training on
how to assist individuals with disabilities, including the
receipt by such poll workers of information on legal
requirements related to voting rights for individuals with
disabilities.
(6) The extent and effectiveness of training provided to
poll workers on the operation of accessible voting machines.
(7) The extent to which individuals with a developmental or
psychiatric disability experience greater barriers to voting,
and whether poll worker training adequately addresses the needs
of such individuals.
(8) The extent to which State or local governments employ,
or attempt to employ, individuals with disabilities to work at
polling sites.
(b) Report.--
(1) In general.--Not later than 9 months after the date of
a regularly scheduled general election for Federal office, the
Comptroller General shall submit to the appropriate
congressional committees a report with respect to the most
recent regularly scheduled general election for Federal office
that contains the following:
(A) The analysis required by subsection (a).
(B) Recommendations, as appropriate, to promote the
use of best practices used by State and local officials
to address barriers to accessibility and privacy
concerns for individuals with disabilities in elections
for Federal office.
(2) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on House Administration of the
House of Representatives;
(B) the Committee on Rules and Administration of
the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Appropriations of the Senate.
Subtitle C--Early Voting
SEC. 1201. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a), and
section 1104(a), is amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312, respectively; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--Each election
jurisdiction shall allow individuals to vote in an election for Federal
office during an early voting period which occurs prior to the date of
the election, in a manner that allows the individual to receive,
complete, and cast their ballot in person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period
required under this subsection with respect to an
election shall consist of a period of consecutive days
(including weekends) which begins on the 15th day
before the date of the election (or, at the option of
the State, on a day prior to the 15th day before the
date of the election) and ends no earlier than the
second day before the date of the election.
``(B) Hours for early voting.--Each polling place
which allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10
hours on each day during the period;
``(ii) have uniform hours each day for
which such voting occurs; and
``(iii) allow such voting to be held for
some period of time prior to 9:00 a.m. (local
time) and some period of time after 5:00 p.m.
(local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible
individuals to vote during an early voting period that
ensures voters are provided the greatest opportunity to
cast ballots ahead of Election Day and which includes
at least one consecutive Saturday and Sunday; and
``(C) each polling place which allows voting during
an early voting period under subparagraph (B) shall
allow such voting--
``(i) during the election office's regular
business hours; and
``(ii) for a period of not less than 8
hours on Saturdays and Sundays included in the
early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction
described in subparagraph (B), paragraph (1)(B) shall
not apply so long as all eligible individuals in the
jurisdiction have the opportunity to vote--
``(i) at each polling place which allows
voting during the early voting period described
in paragraph (1)(A)--
``(I) during the election office's
regular business hours; and
``(II) for a period of not less
than 8 hours on at least one Saturday
and at least one Sunday included in the
early voting period; or
``(ii) at 1 or more polling places in the
county in which such jurisdiction is located
that allows voting during the early voting
period described in paragraph (1)(A) in
accordance with the requirements under
paragraph (1)(B).
``(B) Jurisdiction described.--A jurisdiction is
described in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters
at the time of the most recent prior election
for Federal office; and
``(ii) consists of a geographic area that
is smaller than the jurisdiction of the county
in which such jurisdiction is located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional
temporary voting sites which provide voters more
opportunities to cast their ballots but which do not
meet the requirements of this subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for
the polling location on any day of the early voting
period; or
``(C) to limit a State or jurisdiction from
offering early voting on the Monday before Election
Day.
``(c) Availability of Polling Places.--To the greatest extent
practicable, each State and jurisdiction shall--
``(1) ensure that there are an appropriate number of
polling places which allow voting during an early voting
period; and
``(2) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(d) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling
places, but not less than 1, that allow voting during
an early voting period under subsection (b) will be
located in such rural areas; and
``(B) ensure that such polling places are located
in communities which will provide the greatest
opportunity for residents of rural areas to vote during
the early voting period.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in subsection (b)(2) or a small
jurisdiction described in subsection (b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling
places, but not less than 1, that allow voting during
the early voting period under subsection (b) will be
located on the physical campus of each such
institution, including each such branch campus; and
``(B) ensure that such polling places provide the
greatest opportunity for residents of the jurisdiction
to vote.
``(e) Standards.--Not later than June 30, 2024, the Commission
shall issue voluntary standards for the administration of voting during
voting periods which occur prior to the date of a Federal election.
Subject to subsection (d), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at which such
voting occurs.
``(f) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a State
or jurisdiction may begin processing and scanning ballots cast
during in-person early voting for tabulation after such date if
the date on which the State or jurisdiction begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State or jurisdiction to tabulate
ballots in an election before the closing of the polls
on the date of the election unless such tabulation is a
necessary component of preprocessing in the State or
jurisdiction and is performed in accordance with
existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(g) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Conforming Amendments Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b) of such Act
(52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b),
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
Freedom to Vote Act, June 30, 2024.''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), and section 1104(c), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312, respectively; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Early voting.''.
Subtitle D--Voting by Mail
SEC. 1301. VOTING BY MAIL.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), and section 1201(a),
is amended--
(A) by redesignating sections 311 and 312 as
sections 312 and 313, respectively; and
(B) by inserting after section 310 the following
new section:
``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State may
not impose any additional conditions or requirements on the
eligibility of the individual to cast the vote in such election
by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining or casting ballot.--A State may
not require an individual to submit any form of
identifying document as a condition of obtaining or
casting an absentee ballot, except that nothing in this
subparagraph may be construed to prevent a State from
requiring--
``(i) the information required to complete
an application for voter registration for an
election for Federal office under section
303(a)(5)(A), provided that a State may not
deny a voter a ballot or the opportunity to
cast it on the grounds that the voter does not
possess a current and valid driver's license
number or a social security number; or
``(ii) a signature of the individual or
similar affirmation as a condition of obtaining
or casting an absentee ballot.
``(B) Prohibiting faulty matching requirements for
identifying information.--A State may not deny a voter
an absentee ballot or reject an absentee ballot cast by
a voter--
``(i) on the grounds that the voter
provided a different form of identifying
information under subparagraph (A) than the
voter originally provided when registering to
vote or when requesting an absentee ballot; or
``(ii) due to an error in, or omission of,
identifying information required by a State
under subparagraph (A), if such error or
omission is not material to an individual's
eligibility to vote under section 2004(a)(2)(B)
of the Revised Statutes (52 U.S.C.
10101(a)(2)(B)).
``(C) Prohibiting requirement to provide
notarization or witness signature as condition of
obtaining or casting ballot.--A State may not require
notarization or witness signature or other formal
authentication (other than voter attestation) as a
condition of obtaining or casting an absentee ballot,
except that nothing in this subparagraph may be
construed to prohibit a State from enforcing a law
which has a witness signature requirement for a ballot
where a voter oath is attested to with a mark rather
than a voter's signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section or to exempt an individual
described in paragraph (5)(A) of section 303(b) from meeting
the requirements of paragraph (5)(B).
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting a mail-in ballot or absentee
ballot submitted by any individual with respect to an
election for Federal office unless the State meets the
due process requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the signature of the individual
on the mail-in ballot or absentee ballot with the
individual's signature on the official list of
registered voters in the State or another official
record or other document used by the State to verify
the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot
or an absentee ballot and the appropriate State or
local 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 State or other official record
or document used by the State to verify the signatures
of voters, such election official, prior to making a
final determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but not later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (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 State or other official record or
document used by the State to verify
the signatures of voters; and
``(II) if such discrepancy is not
cured prior to the expiration of the
third day following the State's
deadline for receiving mail-in ballots
or absentee ballots, such ballot will
not be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the third
day following the State's deadline for
receiving mail-in ballots or absentee ballots,
the individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing
signature or other defect.--If an individual submits a
mail-in ballot or an absentee ballot without a
signature or submits a mail-in ballot or an absentee
ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the
appropriate State or local election official, prior to
making a final determination as to the validity of the
ballot, shall--
``(i) as soon as practical, but not later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) the ballot 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 third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
such ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the third day following the
State's deadline for receiving mail-in ballots
or absentee ballots, the individual provides
the official with the missing signature on a
form proscribed by the State or cures the other
defect.
This subparagraph 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).
``(C) Other requirements.--
``(i) In general.--An election official may
not make a determination that a discrepancy
exists between the signature on a mail-in
ballot or an absentee ballot and the signature
of the individual on the official list of
registered voters in the State or other
official record or other document used by the
State to verify the signatures of voters
unless--
``(I) not fewer than 2 election
officials make the determination;
``(II) each official who makes the
determination has received training in
procedures used to verify signatures;
and
``(III) of the officials who make
the determination, not fewer than 1 is
affiliated with the political party
whose candidate received the most votes
in the most recent statewide election
for Federal office held in the State
and not fewer than 1 is affiliated with
the political party whose candidate
received the second most votes in the
most recent statewide election for
Federal office held in the State.
``(ii) Exception.--Clause (i)(III) shall
not apply to any State in which, under a law
that is in effect continuously on and after the
date of enactment of this section,
determinations regarding signature
discrepancies are made by election officials
who are not affiliated with a political party.
``(3) Report.--
``(A) In general.--Not later than 180 days after
the end of a Federal election cycle, each chief State
election official shall submit to the Commission a
report containing the following information for the
applicable Federal election cycle in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Submission to congress.--Not later than 10
days after receiving a report under subparagraph (A),
the Commission shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means, with respect to any regularly scheduled election
for Federal office, the period beginning on the day
after the date of the preceding regularly scheduled
general election for Federal office and ending on the
date of such regularly scheduled general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot
attempted to be cast in an election for Federal office
by an individual who is not eligible to vote in the
election; or
``(B) to prohibit a State from providing an
individual with more time and more methods for curing a
discrepancy in the individual's signature, providing a
missing signature, or curing any other defect than the
State is required to provide under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an absentee
ballot, each State shall permit an individual to submit an
application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of the
appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the
individual may complete the application and return it
to the official; or
``(B) to request that a paper copy of the
application be transmitted to the individual by mail or
electronic mail so that the individual may complete the
application and return it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible
to vote in an election for Federal office submits an
application for an absentee ballot in the election and
such application is received by the appropriate State
or local election official not later than 13 days
(excluding Saturdays, Sundays, and legal public
holidays) before the date of the election, the election
official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election
day.--If an individual who is eligible to vote in an
election for Federal office submits an application for
an absentee ballot in the election and such application
is received by the appropriate State or local election
official after the date described in subparagraph (A)
but not later than 7 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of
the election, the election official shall, to the
greatest extent practical, ensure that the ballot and
related voting materials are mailed to the individual
within 1 business day of the receipt of the
application.
``(C) Rule of construction.--Nothing in this
paragraph shall preclude a State or local jurisdiction
from allowing for the acceptance and processing of
absentee ballot applications submitted or received
after the date described in subparagraph (B).
``(4) Application for all future elections.--
``(A) In general.--At the option of an individual,
the individual's application to vote by absentee ballot
by mail in an election for Federal office shall be
treated as an application for an absentee ballot by
mail in all subsequent elections for Federal office
held in the State.
``(B) Duration of treatment.--
``(i) In general.--In the case of an
individual who is treated as having applied for
an absentee ballot for all subsequent elections
for Federal office held in the State under
subparagraph (A), such treatment shall remain
effective until the earlier of such time as--
``(I) the individual is no longer
registered to vote in the State; or
``(II) the individual provides an
affirmative written notice revoking
such treatment.
``(ii) Prohibition on revocation based on
failure to vote.--The treatment of an
individual as having applied for an absentee
ballot for all subsequent elections held in the
State under subparagraph (A) shall not be
revoked on the basis that the individual has
not voted in an election.
``(d) Accessibility for Individuals With Disabilities.--Each State
shall ensure that all absentee ballot applications, absentee ballots,
and related voting materials in elections for Federal office are
accessible to individuals with disabilities in a manner that provides
the same opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State or local election official may
not refuse to accept or process a ballot submitted by an
individual by mail with respect to an election for Federal
office in the State on the grounds that the individual did not
meet a deadline for returning the ballot to the appropriate
State or local election official if--
``(A) the ballot is postmarked or otherwise
indicated by the United States Postal Service to have
been mailed on or before the date of the election; and
``(B) the ballot is received by the appropriate
election official prior to the expiration of the 7-day
period which begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 7 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--In addition to
permitting an individual to whom a ballot in an election was provided
under this section to return the ballot to an election official by
mail, each State shall permit the individual to cast the ballot by
delivering the ballot at such times and to such locations as the State
may establish, including--
``(1) permitting the individual to deliver the ballot to a
polling place within the jurisdiction in which the individual
is registered or otherwise eligible to vote on any date on
which voting in the election is held at the polling place; and
``(2) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election official.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation not
later than the date that is 14 days prior to the date of the
election involved, except that a State may begin processing and
scanning ballots cast by mail for tabulation after such date if
the date on which the State begins such processing and scanning
ensures, to the greatest extent practical, that ballots cast
before the date of the election are processed and scanned
before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an
election before the closing of the polls on the date of
the election unless such tabulation is a necessary
component of preprocessing in the State and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(h) Prohibiting Restrictions on Distribution of Absentee Ballot
Applications by Third Parties.--A State may not prohibit any person
from providing an application for an absentee ballot in the election to
any individual who is eligible to vote in the election.
``(i) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to affect
the treatment of any ballot submitted 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.).
``(k) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(2) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c), and
section 1201(c), is amended--
(A) by redesignating the items relating to sections
311 and 312 as relating to sections 312 and 313,
respectively; and
(B) by inserting after the item relating to section
310 the following new item:
``Sec. 311. Promoting ability of voters to vote by mail.''.
(b) Same-Day Processing of Absentee Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the maximum
extent practicable, that any ballot carried by the Postal Service is
processed by and cleared from any postal facility or post office on the
same day that the ballot is received by that facility or post office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``3407. Same-day processing of ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2024.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The Director of the National
Institute of Standards, in consultation with the Election
Assistance Commission, shall develop standards for the use of
alternative methods which could be used in place of signature
verification requirements for purposes of verifying the
identification of an individual voting by mail-in or absentee
ballot in elections for Federal office.
(2) Public notice and comment.--The Director of the
National Institute of Standards shall solicit comments from the
public in the development of standards under paragraph (1).
(3) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Institute
of Standards shall publish the standards developed under
paragraph (1).
SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a), and
section 1301(a), is amended--
(A) by redesignating sections 312 and 313 as
sections 313 and 314, respectively; and
(B) by inserting after section 311 the following
new section:
``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of mail-in ballots and absentee ballots in an
election for Federal office under which the State or local election
official responsible for the receipt of such voted ballots in the
election carries out procedures to track and confirm the receipt of
such ballots, and makes information on the receipt of such ballots
available to the individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election
official responsible for the receipt of voted mail-in
ballots and voted absentee ballots in the election--
``(i) carries out procedures to track and
confirm the receipt of such ballots; and
``(ii) makes information on the receipt of
such ballots available to the individual who
cast the ballot; and
``(C) which meets the requirements of subsection
(c); or
``(2) through the ballot materials tracking service
established under section 1302(b) of the Freedom to Vote Act.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee ballot
shall include information regarding whether the vote cast on
the ballot was accepted, and, in the case of a vote which was
rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under
subparagraph (B), the information provided under the
program shall be available by means of online access
using the internet site of the State or local election
office.
``(B) Use of toll-free telephone number by
officials without internet site.--In the case of a
State or local election official whose office does not
have an internet site, the program shall require the
official to establish a toll-free telephone number that
may be used by an individual who cast an absentee
ballot to obtain the information required under
subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2026 and each succeeding election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is
amended by striking subsection (h) and redesignating subsection
(i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2026, the
Secretary of Homeland Security, in consultation with the Chair
of the Election Assistance Commission, the Postmaster General,
the Director of the General Services Administration, the
Presidential designee, and State election officials, shall
establish a balloting materials tracking service to be used by
State and local jurisdictions to inform voters on the status of
voter registration applications, absentee ballot applications,
absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by
mail, tracking information from the United States
Postal Service and the Presidential designee on
balloting materials sent to the voter and, to the
extent feasible, returned by the voter.
(B) The date on which any request by the voter for
an application for voter registration or an absentee
ballot was received.
(C) The date on which any such requested
application was sent to the voter.
(D) The date on which any such completed
application was received from the voter and the status
of such application.
(E) The date on which any mail-in ballot or
absentee ballot was sent to the voter.
(F) The date on which any mail-in ballot or
absentee ballot was out for delivery to the voter.
(G) The date on which the post office processes the
ballot.
(H) The date on which the returned ballot was out
for delivery to the election office.
(I) Whether such ballot was accepted and counted,
and in the case of any ballot not counted, the reason
why the ballot was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made on
whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Public availability of limited information.--
Information described in subparagraphs (E), (G), and (I) of
paragraph (2) shall be made available to political parties and
voter registration organizations, at cost to cover the expense
of providing such information, for use, in accordance with
State guidelines and procedures, in helping to return or cure
mail-in ballots during any period in which mail-in ballots may
be returned.
(5) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.
(6) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in Establishing
Program.--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--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments for Costs of Program.--In accordance with this
section, the Commission shall make a payment to a State to reimburse
the State for the costs incurred in establishing the absentee ballot
tracking program under section 322(b)(1) (including costs incurred
prior to the date of enactment of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2024 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(d) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), 1044(b), section 1101(c), section 1102(c),
section 1103(a), section 1104(c), section 1201(c), and section 1301(a),
is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``Part 7--Payments To Reimburse States for Costs Incurred in
Establishing Program To Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314, respectively; and
(3) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Absentee ballot tracking program.''.
SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 1301(b), is amended by adding at
the end the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot carried by
the Postal Service, the Postal Service shall indicate on the ballot
envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b), is amended by adding at the end the
following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2024.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), and section 1302(a), is amended--
(A) by redesignating sections 313 and 314 as
sections 314 and 315, respectively; and
(B) by inserting after section 312 the following
new section:
``SEC. 313. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined for
a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode is utilized for any
official ballot relating to an election for Federal office that
is destined for a domestic or international address, ensure the
specific ballot service type identifier for such mail is
visible.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on and after January 1,
2024.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by sections 1102, 1103 and 1104, is amended by
striking ``and 309'' and inserting ``309, and 313''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), and section 1302(a), is
amended--
(A) by redesignating the items relating to sections
313 and 314 as relating to sections 314 and 315; and
(B) by inserting after the item relating to section
312 the following new item:
``Sec. 313. Ballot visibility.''.
SEC. 1304. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end
the following:
``Sec. 3409. Domestic election mail; restriction of operational changes
prior to elections
``(a) Definition.--In this section, the term `election mail'
means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) a blank or completed absentee and other mail-in
ballot application form, and a blank or completed absentee or
other mail-in ballot, relating to an election for Federal
office, and
``(3) other materials relating to an election for Federal
office that are mailed by a State or local election official to
an individual who is registered to vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)), individually or in bulk,
shall be carried in accordance with the service standards established
for first-class mail under section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting materials
covered under section 3406 (relating to the Uniformed and Overseas
Absentee Voting Act)) shall be carried free of postage.
``(d) Restriction of Operational Changes.--During the 120-day
period that ends on the date of an election for Federal office, the
Postal Service may not carry out any new operational change that would
restrict the prompt and reliable delivery of election mail. This
subsection applies to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than for
routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall appoint
an Election Mail Coordinator at each area office and district office to
facilitate relevant information sharing with State, territorial, local,
and Tribal election officials in regards to the mailing of election
mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended by
striking ``sections 3217 and 3403 through 3406'' and inserting
``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end the
following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period that begins on the
date of enactment of this section.
SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a), and
section 1303(b) is amended--
(1) by redesignating sections 314 and 315 as sections 315
and 316, respectively; and
(2) by inserting after section 313 the following new
section:
``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.
``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall provide
in-person, secured, and clearly labeled drop boxes at which individuals
may, at any time during the period described in subsection (b), drop
off voted ballots in an election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The period
described in this subsection is, with respect to an election, the
period that begins on the first day on which the jurisdiction sends
mail-in ballots or absentee ballots (other than ballots for absent
uniformed overseas voters (as defined in section 107(1) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20310(1))) or overseas voters (as defined in section 107(5) of such Act
(52 U.S.C. 20310(5)))) to voters for such election and which ends at
the time the polls close for the election in the jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in
subparagraph (B), each drop box provided under this
section shall be accessible to voters for a reasonable
number of hours each day.
``(B) 24-hour drop boxes.--
``(i) In general.--Of the number of drop
boxes provided in any jurisdiction, not less
than the required number shall be accessible
for 24 hours per day during the period
described in subsection (b).
``(ii) Required number.--The required
number is the greater of--
``(I) 25 percent of the drop boxes
required under subsection (d); or
``(II) 1 drop box.
``(2) Population.--
``(A) In general.--Drop boxes provided under this
section shall be accessible for use--
``(i) by individuals with disabilities, as
determined in consultation with the protection
and advocacy systems (as defined in section 102
of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C.
15002)) of the State;
``(ii) by individuals with limited
proficiency in the English language; and
``(iii) by homeless individuals (as defined
in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302)) within the
State.
``(B) Determination of accessibility for
individuals with disabilities.--For purposes of this
paragraph, drop boxes shall be considered to be
accessible for use by individuals with disabilities if
the drop boxes meet such criteria as the Attorney
General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided
under this section is on the grounds of or inside a
building or facility which serves as a polling place
for an election during the period described in
subsection (b), nothing in this subsection may be
construed to waive any requirements regarding the
accessibility of such polling place for the use of
individuals with disabilities, individuals with limited
proficiency in the English language, or homeless
individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal office
held in November 2026, not less than 1 drop box for every
45,000 registered voters located in the jurisdiction; and
``(2) in the case of the regularly scheduled general
election for Federal office held in November 2026 and each
election for Federal office occurring thereafter, not less than
the greater of--
``(A) 1 drop box for every 45,000 registered voters
located in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were
cast by mail in the jurisdiction in the most recent
general election that includes an election for the
office of President.
In no case shall a jurisdiction have fewer than 1 drop box for
any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a jurisdiction on
the basis of criteria which ensure that the drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a timely
manner.
``(f) Timing of Scanning and Processing of Ballots.--For purposes
of section 311(g) (relating to the timing of the processing and
scanning of ballots for tabulation), a vote cast using a drop box
provided under this section shall be treated in the same manner as a
ballot cast by mail.
``(g) Posting of Information.--On or adjacent to each drop box
provided under this section, the State shall post information on the
requirements that voted absentee ballots must meet in order to be
counted and tabulated in the election.
``(h) Remote Surveillance.--Nothing in this section shall prohibit
a State from providing for the security of drop boxes through remote or
electronic surveillance.
``(i) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(c), section 1302(a), and section 1303(b), is amended--
(1) by redesignating the items relating to sections 314 and
315 as relating to sections 315 and 316, respectively; and
(2) by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 46 days before the election. The
report shall be in a form prescribed by the Attorney General
and shall require the State to certify specific information
about ballot availability from each unit of local government
which will administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before
any election for Federal office held in a State, the
chief State election official of such State shall
submit a report containing the information in
subparagraph (B) to the Attorney General.
``(B) Information reported.--The report under
subparagraph (A) shall consist of the following:
``(i) The total number of absentee ballots
validly requested by absent uniformed services
voters and overseas voters whose requests were
received by the 47th day before the election by
each unit of local government within the State
that will transmit absentee ballots.
``(ii) The total number of ballots
transmitted to such voters by the 46th day
before the election by each unit of local
government within the State that will
administer the election.
``(iii) Specific information about any late
transmitted ballots.
``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A)
shall be in a format prescribed by the Attorney General
in consultation with the chief State election officials
of each State.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Election
Assistance Commission on the combined number of absentee
ballots transmitted to absent uniformed services voters and
overseas voters for the election and the combined number of
such ballots which were returned by such voters and cast in the
election, and shall make such report available to the general
public that same day.''.
SEC. 1402. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20307) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--The Attorney General may bring
civil action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(b) Private Right of Action.--A person who is aggrieved by a
violation of this title may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as may be
necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought
under this section, the only necessary party defendant is the State,
and it shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of enactment of this Act.
SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is
amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (52 U.S.C.
20302(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall
transmit the absentee ballot not later than 46 days
before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) In general.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide
for the return of such ballot by
express delivery.
``(iii) Cost of express delivery.--In any
case in which express delivery is required
under this subparagraph, the cost of such
express delivery--
``(I) shall not be paid by the
voter; and
``(II) if determined appropriate by
the chief State election official, may
be required by the State to be paid by
a local jurisdiction.
``(iv) Exception.--Clause (ii)(II) shall
not apply when an absent uniformed services
voter or overseas voter indicates the
preference to return the late sent absentee
ballot by electronic transmission in a State
that permits return of an absentee ballot by
electronic transmission.
``(v) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of
this provision or to effectuate the purposes of
this Act.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm,
volcanic eruption, landslide, fire, flood, or
explosion), or an act of terrorism prevents the State
from transmitting any absentee ballot by the 46th day
before the election as required by subparagraph (A),
the chief State election official shall notify the
Attorney General as soon as practicable and take all
actions necessary, including seeking any necessary
judicial relief, to ensure that affected absent
uniformed services voters and overseas voters are
provided a reasonable opportunity to receive and return
their absentee ballots in time to be counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a valid
request for an absentee ballot is received less than 47 days
but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot within one
business day of receipt of the request.''.
SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:
``SEC. 104. TREATMENT OF BALLOT REQUESTS.
``(a) In General.--If a State accepts and processes an official
postcard form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the end of the
calendar year following the next regularly scheduled general election
for Federal office, the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Requirement for Revision to Postcard Form.--
(1) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the
form to--
(A) request an absentee ballot for each election
for Federal office held in a State through the end of
the calendar year following the next regularly
scheduled general election for Federal office; or
(B) request an absentee ballot for a specific
election or elections for Federal office held in a
State during the period described in subparagraph (A).
(2) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of enactment of this Act.
SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302), as amended by section 1302, is amended by adding
at the end the following new subsection:
``(i) Guarantee of Residency for Spouses and Dependents of Absent
Members of Uniformed Service.--For the purposes of voting in any
election for any Federal office or any State or local office, a spouse
or dependent of an individual who is an absent uniformed services voter
described in subparagraph (A) or (B) of section 107(1) shall not,
solely by reason of that individual's absence and without regard to
whether or not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY AND OVERSEAS
VOTER EMPOWERMENT ACT AMENDMENTS RELATED TO THE FEDERAL
WRITE-IN ABSENTEE BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by
striking ``general elections'' and inserting ``general, special,
primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (52 U.S.C.
20303) is amended--
(1) in subsection (b)(2)(B), by striking ``general''; and
(2) in the heading thereof, by striking ``general''.
SEC. 1407. TREATMENT OF POSTCARD REGISTRATION REQUESTS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302), as amended by sections 1302 and 1405, is amended
by adding at the end the following new subsection:
``(j) Treatment of Postcard Registrations.--A State shall not
remove any absent uniformed services voter or overseas voter who has
registered to vote using the official postcard form (prescribed under
section 101) from the official list of registered voters except in
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507).''.
SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER DISENFRANCHISEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Presidential designee shall submit to Congress a
report on the impact of widespread mail-in voting on the ability of
active duty military service members to vote, how quickly the votes of
those individuals are counted, and whether higher volumes of mail-in
votes makes it harder for such individuals to vote in elections for
Federal elections.
(b) Presidential Designee.--For purposes of this section, the term
``Presidential designee'' means the individual designated under section
101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301(a)).
SEC. 1409. EFFECTIVE DATE.
Except as provided in section 1402(b) and section 1404(c), the
amendments made by this subtitle shall apply with respect to elections
occurring on or after January 1, 2024.
Subtitle F--Enhancement of Enforcement
SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--Section
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--A person who is
aggrieved by a violation of title III that impairs their ability to
cast a ballot or a provisional ballot, to register or maintain one's
registration to vote, or to vote on a voting system meeting the
requirements of such title, which has occurred, is occurring, or is
about to occur may file a written, signed, and notarized complaint with
the Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section. The
Attorney General shall immediately provide a copy of a complaint filed
under the previous sentence to the entity responsible for administering
the State-based administrative complaint procedures described in
section 402(a) for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b) (including any
individual who seeks to enforce the individual's right to a voter-
verifiable paper ballot, the right to have the voter-verifiable paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2024 or any succeeding year.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) Requirement for precinct-based polling.--
``(A) In general.--If an applicable individual has
been assigned to a polling place that is different than
the polling place that such individual was assigned
with respect to the most recent past election for
Federal office in which the individual was eligible to
vote--
``(i) the appropriate election official
shall, not later than 2 days before the
beginning of an early voting period--
``(I) notify the individual of the
location of the polling place; and
``(II) post a general notice on the
website of the State or jurisdiction,
on social media platforms (if
available), and on signs at the prior
polling place; and
``(ii) if such assignment is made after the
date that is 2 days before the beginning of an
early voting period and the individual appears
on the date of the election at the polling
place to which the individual was previously
assigned, the jurisdiction shall make every
reasonable effort to enable the individual to
vote a ballot on the date of the election
without the use of a provisional ballot.
``(B) Applicable individual.--For purposes of
subparagraph (A), the term `applicable individual'
means, with respect to any election for Federal office,
any individual--
``(i) who is registered to vote in a
jurisdiction for such election and was
registered to vote in such jurisdiction for the
most recent past election for Federal office;
and
``(ii) whose voter registration address has
not changed since such most recent past
election for Federal office.
``(C) Methods of notification.--The appropriate
election official shall notify an individual under
clause (i)(I) of subparagraph (A) by mail, telephone,
and (if available) text message and electronic mail.
``(2) Requirements for vote centers.--In the case of a
jurisdiction in which individuals are not assigned to specific
polling places, not later than 2 days before the beginning of
an early voting period, the appropriate election official shall
notify each individual eligible to vote in such jurisdiction of
the location of all polling places at which the individual may
vote.
``(3) Notice with respect to closed polling places.--
``(A) In general.--If a location which served as a
polling place for an election for Federal office in a
State does not serve as a polling place in the next
election for Federal office held in the State, the
State shall ensure that signs are posted at such
location on the date of the election and during any
early voting period for the election containing the
following information:
``(i) A statement that the location is not
serving as a polling place in the election.
``(ii) The locations serving as polling
places in the election in the jurisdiction
involved.
``(iii) The name and address of any
substitute polling place serving the same
precinct and directions from the former polling
place to the new polling place.
``(iv) Contact information, including a
telephone number and website, for the
appropriate State or local election official
through which an individual may find the
polling place to which the individual is
assigned for the election.
``(B) Internet posting.--Each State which is
required to post signs under subparagraph (A) shall
also provide such information through a website and
through social media (if available).
``(4) Linguistic preference.--The notices required under
this subsection shall comply with the requirements of section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2024.''.
(b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C.
21082(e)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsection (d)(4),
each State''.
SEC. 1602. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by
striking ``and American Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 1603. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION
AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN
ISLANDS AND GUAM.
Section 2 of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands shall each be
represented in Congress by a Delegate to the House of
Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is
amended--
(1) by striking ``(a) The Delegate'' and inserting ``The
Delegate'';
(2) by striking ``on the fourteenth day following such an
election'' in the fourth sentence of subsection (a); and
(3) by striking subsection (b).
SEC. 1604. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO
TERRITORIES OF THE UNITED STATES.
(a) National Voter Registration Act of 1993.--Section 3(4) of the
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended
by striking ``States and the District of Columbia'' and inserting
``States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the 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''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) 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''.
(B) 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''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--Section
90102(c) of title 36, United States Code, 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''.
SEC. 1605. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES
OF THE UNITED STATES.
(a) Intimidation of Voters.--Section 594 of title 18, United States
Code, is amended by striking ``Delegate from the District of Columbia,
or Resident Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(b) Interference by Government Employees.--Section 595 of title 18,
United States Code, is amended by striking ``Delegate from the District
of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18, United
States Code, is amended by striking ``Delegate from the District of
Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
SEC. 1606. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
(a) In General.--
(1) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), section 1302(a), section 1303(b), and section
1305(a), is amended--
(A) by redesignating sections 315 and 316 as
sections 316 and 317, respectively; and
(B) by inserting after section 314 the following
new section:
``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State or jurisdiction shall take
reasonable efforts to provide a sufficient number of voting
systems, poll workers, and other election resources (including
physical resources) at a polling place used in any election for
Federal office, including a polling place at which individuals
may cast ballots prior to the date of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State or jurisdiction; and
``(B) that no individual will be required to wait
longer than 30 minutes to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State or
jurisdiction shall take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by the
polling place, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(I) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to authorize a State or jurisdiction to meet
the requirements of this subsection by closing any
polling place, prohibiting an individual from entering
a line at a polling place, or refusing to permit an
individual who has arrived at a polling place prior to
closing time from voting at the polling place; or
``(B) to limit the use of mobile voting centers.
``(b) Limiting Variations on Number of Hours of Operation of
Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), each State shall
establish hours of operation for all polling places in
the State on the date of any election for Federal
office held in the State such that the polling place
with the greatest number of hours of operation on such
date is not in operation for more than 2 hours longer
than the polling place with the fewest number of hours
of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the
State establishes variations in the hours of operation
of polling places on the basis of the overall
population or the voting age population (as the State
may select) of the unit of local government in which
such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply in
the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local
government in which the polling place is located; or
``(B) which is required pursuant to an order by a
court to extend its hours of operation beyond the hours
otherwise established.
``(c) Ensuring Access to Polling Places for Voters.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place used on the date of the election is
located within walking distance of a stop on a public
transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling
places (not less than one) used on the date of the
election will be located in such rural areas; and
``(B) ensure that such polling places are located
in communities which will provide the greatest
opportunity for residents of rural areas to vote on the
date of the election.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in section 310(b)(2) or a small
jurisdiction described in section 310(b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling
places (not less than one) used on the date of the
election will be located on the physical campus of each
such institution, including each such branch campus;
and
``(B) ensure that such polling places provide the
greatest opportunity for residents of the jurisdiction
to vote.
``(d) Effective Date.--This section shall take effect upon the
expiration of the 180-day period which begins on the date of enactment
of this subsection.''.
(2) Conforming amendments relating to issuance of voluntary
guidance by election assistance commission.--Section 321(b) of
such Act (52 U.S.C. 21101(b)), as redesignated and amended by
section 1101(b) and as amended by sections, 1102, 1103, 1104,
and 1201, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6);
(C) in paragraph (6), as so redesignated, by
striking ``paragraph (4)'' and inserting ``paragraph
(4) or (5)''; and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) in the case of the recommendations with respect to
section 315, 180 days after the date of enactment of such
section; and''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), and section 1305(b), is amended--
(A) by redesignating the items relating to sections
315 and 316 as relating to sections 316 and 317,
respectively; and
(B) by inserting after the item relating to section
314 the following new item:
``Sec. 315. Ensuring equitable and efficient operation of polling
places.''.
(b) Study of Methods To Enforce Fair and Equitable Waiting Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a joint
study of the effectiveness of various methods of enforcing the
requirements of section 315(a) of the Help America Vote Act of
2002, as added by subsection (a), including methods of best
allocating resources to jurisdictions which have had the most
difficulty in providing a fair and equitable waiting time at
polling places to all voters, and to communities of color in
particular.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish and
submit to Congress a report on the study conducted under
paragraph (1).
SEC. 1607. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a),
section 1303(b), section 1305(a), and section 1606(a)(1), is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:
``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside voting
as a method by which individuals may cast ballots in the
election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by such method.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), and section
1606(a)(3), is amended--
(1) by redesignating the items relating to sections 316 and
317 as relating to sections 317 and 318, respectively; and
(2) by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Prohibiting States from restricting curbside voting.''.
PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
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 fiscal year 2024 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than June 30, 2024, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than June 30, 2024, the Commission shall submit to Congress a
report on the review carried out under paragraph (1), and shall
include in the report such recommendations as the Commission
considers appropriate to streamline and improve the procedures
which are the subject of the review.
SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(52 U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of enactment of this Act.
PART 3--MISCELLANEOUS PROVISIONS
SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.
(a) Definition.--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. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election for
Federal office' means a general, special, primary, or runoff election
for the office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following new item:
``Sec. 907. Election for Federal office defined.''.
SEC. 1622. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
title may be construed to authorize or require conduct prohibited under
any of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this title, or any other action taken by any person
under this title, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting Rights Act
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
(c) No Effect on Authority of States To Provide Greater
Opportunities for Voting.--Nothing in this title or the amendments made
by this title may be construed to prohibit any State from enacting any
law which provides greater opportunities for individuals to register to
vote and to vote in elections for Federal office than are provided by
this title and the amendments made by this title.
SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER
REGISTRATION.
To the extent that any provision of this title or any amendment
made by this title imposes a requirement on a State relating to
registering individuals to vote in elections for Federal office, such
provision shall not apply in the case of any State in which, under law
that is in effect continuously on and after the date of enactment of
this Act, there is no voter registration requirement for any voter in
the State with respect to an election for Federal office.
SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT
TELEPHONE INFORMATION.
(a) Amendment to Help America Vote Act of 2002.--Subtitle A of
title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et
seq.), as amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), section 1302(a), section 1303(b), section 1305(a),
section 1606(a)(1), and section 1607(a), is amended--
(1) by redesignating sections 317 and 318 as sections 318
and 319, respectively; and
(2) by inserting after section 316 the following new
section:
``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT
COLLECT TELEPHONE INFORMATION.
``(a) In General.--To the extent that any provision of this title
imposes a requirement on a State or jurisdiction relating to contacting
voters by telephone, such provision shall not apply in the case of any
State which continuously on and after the date of enactment of this
Act, does not collect telephone numbers for voters as part of voter
registration in the State with respect to an election for Federal
office.
``(b) Exception.--Subsection (a) shall not apply in any case in
which the voter has voluntarily provided telephone information.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), section
1606(a)(3), and section 1607(b), is amended--
(1) by redesignating the items relating to sections 317 and
318 as relating to sections 318 and 319, respectively; and
(2) by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Application of certain provisions to States which do not
collect telephone information.''.
Subtitle H--Democracy Restoration
SEC. 1701. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration Act of
2023''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all. In
2020, the District of Columbia re-enfranchised its citizens who
are under the supervision of the Federal Bureau of Prisons.
Twenty-five States disenfranchise certain individuals on felony
probation or parole. During 2023, lawmakers in Minnesota and
New Mexico expanded voting rights to citizens on felony
probation and parole. In 11 States, a conviction for certain
offenses can result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2022, over 4,600,000 citizens of the United States,
or about 1 in 50 adults in the United States, could not vote as
a result of a felony conviction. Of the 4,600,000 citizens
barred from voting then, only 23 percent were in prison or
jail. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 2,200,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. Over 930,000 Floridians who
completed their sentence remain disenfranchised because of a
pay-to-vote requirement that was enacted by Florida lawmakers
in 2019 to undermine the impact of a 2018 ballot initiative
that eliminated the lifetime ban for persons with certain
felony convictions. In 3 States--Alabama, Mississippi, and
Tennessee--more than 8 percent of the total population is
disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Financial restrictions may also
inhibit individuals who have completed their sentences from re-
enfranchisement. Individuals convicted of a Federal offense
often have additional barriers to regaining voting rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
States--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the States that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-American
population, or 1,800,000 African Americans, are disenfranchised
due to a felony conviction. In 9 States--Alabama (16 percent),
Arizona (13 percent), Florida (15 percent), Kentucky (15
percent), Mississippi (16 percent), South Dakota (14 percent),
Tennessee (21 percent), Virginia (16 percent), and Wyoming (36
percent)--more than 1 in 8 African Americans are unable to vote
because of a felony conviction, twice the national average for
African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. Although data on
ethnicity in correctional populations are unevenly reported and
undercounted in some States, a conservative estimate is that at
least 506,000 Latino Americans or 1.7 percent of the voting-age
population are disenfranchised. In 31 States Latinos are
disenfranchised at a higher rate than the general population.
In Arizona and Tennessee over 6 percent of Latino voters are
disenfranchised due to a felony conviction.
(12) Women have been significantly impacted by mass
incarceration since the early 1980s. Approximately 1,000,000
women were disenfranchised in 2022, comprising over 20 percent
of the total disenfranchised population.
(13) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society. Models of
successful re-entry for persons convicted of a crime emphasize
the importance of community ties, feeling vested and
integrated, and prosocial attitudes. Individuals with criminal
convictions who succeed in avoiding recidivism are typically
more likely to see themselves as law-abiding members of the
community. Restoration of voting rights builds those qualities
and facilitates reintegration into the community. That is why
allowing citizens with criminal convictions who are living in a
community to vote is correlated with a lower likelihood of
recidivism. Restoration of voting rights thus reduces violence
and protects public safety.
(14) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(15) The United States is one of the only Western
democracies that permits the permanent denial of voting rights
for individuals with felony convictions.
(16) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions''. (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic precept
of justice ``that punishment for crime should be graduated and
proportioned to [the] offense''. Id. (quoting Weems v. United
States, 217 U.S. 349, 367 (1910)). As the Supreme Court has
long recognized, ``[t]he concept of proportionality is central
to the Eighth Amendment''. (Graham v. Florida, 560 U.S. 48, 59
(2010)). Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to disenfranchisement
and thus violate the bar on cruel and unusual punishments. For
example, a number of States mandate lifetime disenfranchisement
for a single felony conviction or just two felony convictions,
even where the convictions were for non-violent offenses. In
numerous other States, disenfranchisement can last years or
even decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(17) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States or
any State by reason of failure to pay any poll tax or other
tax''. Section 2 of the Twenty-Fourth Amendment gives Congress
the power to enforce this article by appropriate legislation.
Court fines and fees that individuals must pay to have their
voting rights restored constitute an ``other tax'' for purposes
of the Twenty-Fourth Amendment. At least five States explicitly
require the payment of fines and fees before individuals with
felony convictions can have their voting rights restored. More
than 20 other States effectively tie the right to vote to the
payment of fines and fees, by requiring that individuals
complete their probation or parole before their rights are
restored. In these States, the non-payment of fines and fees is
a basis on which probation or parole can be extended. Moreover,
these States sometimes do not record the basis on which an
individual's probation or parole was extended, making it
impossible to determine from the State's records whether non-
payment of fines and fees is the reason that an individual
remains on probation or parole. For these reasons, the only way
to ensure that States do not deny the right to vote based
solely on non-payment of fines and fees is to prevent States
from conditioning voting rights on the completion of probation
or parole.
SEC. 1703. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 1704. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation to
the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2023 and may register to vote in any such election and provide
such individuals with any materials that are necessary to
register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2023 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 1706. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 1707. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit any State from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this subtitle are in addition to all other rights and remedies provided
by law, and neither rights and remedies established by this subtitle
shall supersede, restrict, or limit the application of the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter
Registration Act (52 U.S.C. 20501), or the Help America Vote Act of
2002 (52 U.S.C. 20901 et seq.).
SEC. 1708. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that State, unit of local
government, or person--
(1) is in compliance with section 1703; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen of
the United States is notified, upon release from such
incarceration, of that individual's rights under section 1703.
SEC. 1709. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States voting
in any election for Federal office held on or after the date of
enactment of this Act.
Subtitle I--Voter Identification and Allowable Alternatives
SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.
(a) Requirement To Provide Identification as Condition of Receiving
Ballot.--Section 303 of the Help America Vote Act of 2002 (52 U.S.C.
21083) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
``(c) Voter Identification Requirements.--
``(1) Voter identification requirement defined.--For
purposes of this subsection:
``(A) In general.--The term `voter identification
requirement' means any requirement that an individual
desiring to vote in person in an election for Federal
office present identification as a requirement to
receive or cast a ballot in person in such election.
``(B) Exception.--Such term does not include any
requirement described in subsection (b)(2)(A) as
applied with respect to an individual described in
subsection (b)(1).
``(2) In general.--If a State or local jurisdiction has a
voter identification requirement, the State or local
jurisdiction--
``(A) shall treat any applicable identifying
document as meeting such voter identification
requirement;
``(B) notwithstanding the failure to present an
applicable identifying document, shall treat an
individual desiring to vote in person in an election
for Federal office as meeting such voter identification
requirement if--
``(i) the individual presents the
appropriate State or local election official
with a sworn written statement, signed in the
presence of the official by an adult who has
known the individual for not less than 6 months
under penalty of perjury, attesting to the
individual's identity;
``(ii) the official has known the
individual for at least six months; or
``(iii) in the case of a resident of a
State-licensed care facility, an employee of
the facility confirms the individual's
identity; and
``(C) shall permit any individual desiring to vote
in an election for Federal office who does not present
an applicable identifying document required under
subparagraph (A) or qualify for an exception under
subparagraph (B) to cast a provisional ballot with
respect to the election under section 302(a) in
accordance with paragraph (3).
``(3) Rules for provisional ballot.--
``(A) In general.--An individual may cast a
provisional ballot pursuant to paragraph (2)(C) so long
as the individual presents the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity.
``(B) Prohibition on other requirements.--Except as
otherwise provided this paragraph, a State or local
jurisdiction may not impose any other additional
requirement or condition with respect to the casting of
a provisional ballot by an individual described in
paragraph (2)(C).
``(C) Counting of provisional ballot.--In the case
of a provisional ballot cast pursuant to paragraph
(2)(C), the appropriate State or local election
official shall not make a determination under section
302(a)(4) that the individual is eligible under State
law to vote in the election unless--
``(i) the official determines that the
signature on such statement matches the
signature of such individual on the official
list of registered voters in the State or other
official record or document used by the State
to verify the signatures of voters; or
``(ii) not later than 10 days after casting
the provisional ballot, the individual presents
an applicable identifying document, either in
person or by electronic methods, to the
official and the official confirms the
individual is the person identified on the
applicable identifying document.
``(D) Notice and opportunity to cure discrepancy in
signatures or other defects on provisional ballots.--
``(i) Notice and opportunity to cure
discrepancy in signatures.--If an individual
casts a provisional ballot under this paragraph
and the appropriate State or local 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 State or other
official record or document used by the State
to verify the signatures of voters, such
election official, prior to making a final
determination as to the validity of such
ballot, shall--
``(I) as soon as practical, but not
later than the next business day after
such determination is made, make a good
faith effort to notify the individual
by mail, telephone, and (if available)
text message and electronic mail that--
``(aa) a discrepancy exists
between the signature on such
ballot and the signature of the
individual on the official list
of registered voters in the
State or other official record
or document used by the State
to verify the signatures of
voters; and
``(bb) if such discrepancy
is not cured prior to the
expiration of the third day
following the State's deadline
for receiving mail-in ballots
or absentee ballots, such
ballot will not be counted; and
``(II) cure such discrepancy and
count the ballot if, prior to the
expiration of the third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
the individual provides the official
with information to cure such
discrepancy, either in person, by
telephone, or by electronic methods.
``(ii) Notice and opportunity to cure other
defects.--If an individual casts a provisional
ballot under this paragraph with a defect
which, if left uncured, would cause the ballot
to not be counted, the appropriate State or
local election official, prior to making a
final determination as to the validity of the
ballot, shall--
``(I) as soon as practical, but not
later than the next business day after
such determination is made, make a good
faith effort to notify the individual
by mail, telephone, and (if available)
text message and electronic mail that--
``(aa) the ballot has some
defect; and
``(bb) if the individual
does not cure the other defect
prior to the expiration of the
third day following the State's
deadline for receiving mail-in
ballots or absentee ballots,
such ballot will not be
counted; and
``(II) count the ballot if, prior
to the expiration of the third day
following the State's deadline for
receiving mail-in ballots or absentee
ballots, the individual cures the
defect.
``(E) No exemption.--Notwithstanding section
302(a), States described in section 4(b) of the
National Voter Registration Act of 1993 shall be
required to meet the requirements of paragraph (2)(C).
``(F) Rule of construction.--
``(i) In general.--Nothing in paragraph
(2)(C) or this paragraph shall be construed to
prevent a State from permitting an individual
who provides a sworn statement described in
subparagraph (A) to cast a regular ballot in
lieu of a provisional ballot.
``(ii) Regular ballot.--For purpose of this
subparagraph, the term `regular ballot' means a
ballot which is cast and counted in the same
manner as ballots cast by individuals meeting
the voter identification requirement (and all
other applicable requirements with respect to
voting in the election).
``(4) Development and use of pre-printed version of
statement by commission.--
``(A) In general.--The Commission shall develop
pre-printed versions of the statements described in
paragraphs (2)(B)(i) and (3)(A) which include
appropriate blank spaces for the provision of names and
signatures.
``(B) Providing pre-printed copy of statement.--
Each State and jurisdiction that has a voter
identification requirement shall make copies of the
pre-printed version of the statement developed under
subparagraph (A) available at polling places for use by
individuals voting in person.
``(5) Required provision of identifying documents.--
``(A) In general.--Each State and jurisdiction that
has a voter identification requirement shall--
``(i) for each individual who, on or after
the applicable date, is registered to vote in
such State or jurisdiction in elections for
Federal office, provide the individual with a
government-issued identification that meets the
requirements of this subsection without charge;
``(ii) for each individual who, before the
applicable date, was registered to vote in such
State or jurisdiction in elections for Federal
office but does not otherwise possess an
identifying document, provide the individual
with a government-issued identification that
meets the requirements of this subsection
without charge, so long as the State provides
the individual with reasonable opportunities to
obtain such identification prior to the date of
the election; and
``(iii) for each individual who is provided
with an identification under clause (i) or
clause (ii), provide the individual with such
assistance without charge upon request as may
be necessary to enable the individual to obtain
and process any documentation necessary to
obtain the identification.
``(B) Applicable date.--For purposes of this
paragraph, the term `applicable date' means the later
of--
``(i) January 1, 2024, or
``(ii) the first date after the date of
enactment of this subsection for which the
State or local jurisdiction has in effect a
voter identification requirement.
``(6) Applicable identifying document.--For purposes of
this subsection--
``(A) In general.--The term `applicable identifying
document' means, with respect to any individual, any
document issued to such individual containing the
individual's name.
``(B) Included documents.--The term `applicable
identifying document' shall include any of the
following (so long as such document is not expired, as
indicated by an expiration date included on the
document):
``(i) A valid driver's license or an
identification card issued by a State, the
Federal Government, or a State or federally
recognized Tribal government.
``(ii) A State-issued identification
described in paragraph (4).
``(iii) A valid United States passport or
passport card.
``(iv) A valid employee identification card
issued by--
``(I) any branch, department,
agency, or entity of the United States
Government or of any State,
``(II) any State or federally
recognized Tribal government, or
``(III) any county, municipality,
board, authority, or other political
subdivision of a State.
``(v) A valid student identification card
issued by an institution of higher education,
or a valid high school identification card
issued by a State-accredited high school.
``(vi) A valid military identification card
issued by the United States.
``(vii) A valid gun license or concealed
carry permit.
``(viii) A valid Medicare card or Social
Security card.
``(ix) A valid birth certificate.
``(x) A valid voter registration card.
``(xi) A valid hunting or fishing license
issued by a State.
``(xii) A valid identification card issued
to the individual by the Supplemental Nutrition
Assistance (SNAP) program.
``(xiii) A valid identification card issued
to the individual by the Temporary Assistance
for Needy Families (TANF) program.
``(xiv) A valid identification card issued
to the individual by Medicaid.
``(xv) A valid bank card or valid debit
card.
``(xvi) A valid utility bill issued within
six months of the date of the election.
``(xvii) A valid lease or mortgage document
issued within six months of the date of the
election.
``(xviii) A valid bank statement issued
within six months of the date of the election.
``(xix) A valid health insurance card
issued to the voter.
``(xx) Any other document containing the
individual's name issued by--
``(I) any branch, department,
agency, or entity of the United States
Government or of any State;
``(II) any State or federally
recognized tribal government; or
``(III) any county, municipality,
board, authority, or other political
subdivision of a State.
``(C) Copies and electronic documents accepted.--
The term `applicable identifying document' includes--
``(i) any copy of a document described in
subparagraph (A) or (B); and
``(ii) any document described in
subparagraph (A) or (B) which is presented in
electronic format.''.
(b) Payments to States To Cover Costs of Required Identification
Documents.--
(1) In general.--The Election Assistance Commission shall
make payments to States to cover the costs incurred in
providing identifications under section 303(c)(5) of the Help
America Vote Act of 2002, as amended by this section.
(2) Amount of payment.--The amount of the payment made to a
State under this subsection for any year shall be equal to the
amount of fees which would have been collected by the State
during the year in providing the identifications required under
section 303(c)(5) of such Act if the State had charged the
usual and customary rates for such identifications, as
determined on the basis of information furnished to the
Commission by the State at such time and in such form as the
Commission may require.
(3) Authorization of appropriations.--There are authorized
to be appropriated for payments under this subsection an
aggregate amount of $5,000,000 for fiscal year 2024 and each of
the 4 succeeding fiscal years.
(c) Conforming Amendments.--Section 303(b)(2)(A) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended--
(1) in clause (i), by striking ``in person'' and all that
follows and inserting ``in person, presents to the appropriate
State or local election official an applicable identifying
document (as defined in subsection (c)(6)); or''; and
(2) in clause (ii), by striking ``by mail'' and all that
follows and inserting ``by mail, submits with the ballot an
applicable identifying document (as so defined).''.
(d) Definition.--For the purposes of this section, the term
``State'' means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(e) Effective Date.--Section 303(e) of such Act (52 U.S.C.
21083(d)(2)), as redesignated by subsection (a), is amended by adding
at the end the following new paragraph:
``(3) Voter identification requirements.--Each State and
jurisdiction shall be required to comply with the requirements
of subsection (c) with respect to elections for Federal office
held on or after January 1, 2024.''.
Subtitle J--Voter List Maintenance Procedures
PART 1--VOTER CAGING PROHIBITED
SEC. 1901. VOTER CAGING PROHIBITED.
(a) Definitions.--In this section--
(1) the term ``voter caging document'' means--
(A) a non-forwardable document sent by any person
other than a State or local election official that is
returned to the sender or a third party as undelivered
or undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
(B) any document sent by any person other than a
State or local election official with instructions to
an addressee that the document be returned to the
sender or a third party but is not so returned, despite
an attempt to deliver such document to the address of a
registered voter or applicant;
(2) the term ``voter caging list'' means a list of
individuals compiled from voter caging documents; and
(3) the term ``unverified match list'' means any list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise,
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
(1) a voter caging document or voter caging list;
(2) an unverified match list;
(3) an error or omission on any record or paper relating to
any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004(a)(2)(B) of
the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
(c) Enforcement.--
(1) Civil enforcement.--
(A) In general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to
carry out this section.
(B) Private right of action.--
(i) In general.--A person who is aggrieved
by a violation of this section may provide
written notice of the violation to the chief
election official of the State involved.
(ii) Relief.--Except as provided in clause
(iii), if the violation is not corrected within
90 days after receipt of a notice under clause
(i), or within 20 days after receipt of the
notice if the violation occurred within 120
days before the date of an election for Federal
office, the aggrieved person may, in a civil
action, obtain declaratory or injunctive relief
with respect to the violation.
(iii) Exception.--If the violation occurred
within 30 days before the date of an election
for Federal office, on the date of the
election, or after the date of the election but
prior to the completion of the canvass, the
aggrieved person need not provide notice under
clause (i) before bringing a civil action to
obtain declaratory or injunctive relief with
respect to the violation.
(2) Criminal penalty.--Whoever knowingly challenges the
eligibility of one or more individuals to register or vote or
knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that
one or more eligible voters be disqualified, shall be fined
under title 18, United States Code, or imprisoned not more than
1 year, or both, for each such violation. Each violation shall
be a separate offense.
(d) No Effect on Related Laws.--Nothing in this section is intended
to override the protections of the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING
SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED
VOTERS.
(a) Conditions Described.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8
the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF
REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable Evidence of
Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence, that
the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1),
except as permitted under section 8(d) after a notice described
in paragraph (2) of such section has been sent, the following
factors, or any combination thereof, shall not be treated as
objective and reliable evidence of a registrant's ineligibility
to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to
any election mail, unless the election mail has been
returned as undeliverable.
``(C) The failure of the registrant to take any
other action with respect to voting in any election or
with respect to the registrant's status as a
registrant.
``(3) Removal based on official records.--
``(A) In general.--Nothing in this section shall
prohibit a State from removing a registrant from the
official list of eligible voters in elections for
Federal office if, on the basis of official records
maintained by the State, a State or local election
official knows, on the basis of objective and reliable
evidence, that the registrant has--
``(i) died; or
``(ii) permanently moved out of the State
and is no longer eligible to vote in the State.
``(B) Opportunity to demonstrate eligibility.--The
State shall provide a voter removed from the official
list of eligible voters in elections for Federal office
under this paragraph an opportunity to demonstrate that
the registrant is eligible to vote and be reinstated on
the official list of eligible voters in elections for
Federal office in the State.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a
State removes the name of a registrant from the
official list of eligible voters, the State shall send
notice of the removal to the former registrant, and
shall include in the notice the grounds for the removal
and information on how the former registrant may
contest the removal or be reinstated, including a
telephone number for the appropriate election official.
``(B) Exceptions.--Subparagraph (A) does not apply
in the case of a registrant--
``(i) who sends written confirmation to the
State that the registrant is no longer eligible
to vote in the registrar's jurisdiction in
which the registrant was registered; or
``(ii) who is removed from the official
list of eligible voters by reason of the death
of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters (as
described in section 8(a)(4)), the State shall disseminate a
public notice through such methods as may be reasonable to
reach the general public (including by publishing the notice in
a newspaper of wide circulation and posting the notice on the
websites of the appropriate election officials) that list
maintenance is taking place and that registrants should check
their registration status to ensure no errors or mistakes have
been made. The State shall ensure that the public notice
disseminated under this paragraph is in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.''.
(b) Conditions for Transmission of Notices of Removal.--Section
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end
the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``registrants'' the second place it appears
and inserting ``and subject to section 8A of such Act,
registrants''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
Subtitle K--Severability
SEC. 1921. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title, and the application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
DIVISION B--ELECTION INTEGRITY
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER
REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to
vote
``(a) Prohibition.--It shall be unlawful for any person, whether
acting under color of law or otherwise, to corruptly hinder, interfere
with, or prevent another person from registering to vote or to
corruptly hinder, interfere with, or prevent another person from aiding
another person in registering to vote.
``(b) Attempt.--Any person who attempts to commit any offense
described in subsection (a) shall be subject to the same penalties as
those prescribed for the offense that the person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) 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. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act, except that no person may be found to have
violated section 612 of title 18, United States Code (as added by
subsection (a)), on the basis of any act occurring prior to the date of
the enactment of this Act.
SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall develop and publish
recommendations for best practices for States to use to deter and
prevent violations of section 612 of title 18, United States Code (as
added by section 2001), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or attempting to
register to vote or vote), including practices to provide for the
posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN
ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the fair,
impartial, and uniform administration of Federal elections by
State and local officials.
(2) The Elections Clause was understood from the framing of
the Constitution to contain ``words of great latitude'',
granting Congress broad power over Federal elections and a
plenary right to preempt State regulation in this area. As made
clear at the Constitutional Convention and the State
ratification debates that followed, this grant of congressional
authority was meant to ``insure free and fair elections'',
promote the uniform administration of Federal elections, and
``preserve and restore to the people their equal and sacred
rights of election''.
(3) In the founding debates on the Elections Clause, many
delegates also argued that a broad grant of authority to
Congress over Federal elections was necessary to check any
``abuses that might be made of the discretionary power'' to
regulate the time, place, and manner of elections granted the
States, including attempts at partisan entrenchment,
malapportionment, and the exclusion of political minorities. As
the Supreme Court has recognized, the Elections Clause empowers
Congress to ``protect the elections on which its existence
depends'', Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and
``protect the citizen in the exercise of rights conferred by
the Constitution of the United States essential to the healthy
organization of the government itself'', id. at 666.
(4) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing
Congress to implement ``a complete code for congressional
elections''. Smiley v. Holm, 285 U.S. 355, 366 (1932). The
Elections Clause, unlike, for example, the Commerce Clause, has
been found to grant Congress the authority to compel States to
alter their regulations as to Federal elections, id. at 366-67,
even if these alterations would impose additional costs on the
States to execute or enforce. Association of Community
Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir.
1997).
(5) The phrase ``manner of holding elections'' in the
Elections Clause has been interpreted by the Supreme Court to
authorize Congress to regulate all aspects of the Federal
election process, including ``notices, registration,
supervision of voting, protection of voters, prevention of
fraud and corrupt practices, counting of votes, duties of
inspectors and canvassers, and the making and publication of
election returns''. Smiley v. Holm, 285 U.S. 355, 366 (1932).
(6) The Supreme Court has recognized the broad
``substantive scope'' of the Elections Clause and upheld
Federal laws promulgated thereunder regulating redistricting,
voter registration, campaign finance, primary elections,
recounts, party affiliation rules, and balloting.
(7) The authority of Congress under the Elections Clause
also entails the power to ensure enforcement of its laws
regulating Federal elections. ``[I]f Congress has the power to
make regulations, it must have the power to enforce them.''. Ex
parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has
noted that there can be no question that Congress may impose
additional penalties for offenses committed by State officers
in connection with Federal elections even if they differ from
the penalties prescribed by State law for the same acts. Id. at
387-88.
(8) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government'', Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting .
. . and the election itself from corruption or fraud'', id. at
661-62.
(9) The Elections Clause thus grants Congress the authority
to ensure that the administration of Federal elections is free
of political bias or discrimination and that election officials
are insulated from political influence or other forms of
coercion in discharging their duties in connection with Federal
elections.
(10) In some States, oversight of local election
administrators has been allocated to State Election Boards, or
special commissions formed by those boards, that are appointed
by the prevailing political party in a State, as opposed to
nonpartisan or elected office holders.
(11) In certain newly enacted State policies, these
appointed statewide election administrators have been granted
wide latitude to suspend or remove local election
administrators in cases where the statewide election
administrators identify whatever the State deems to be a
violation. There is no requirement that there be a finding of
intent by the local election administrator to commit the
violation.
(12) Local election administrators across the country can
be suspended or removed according to different standards,
potentially exposing them to different political pressures or
biases that could result in uneven administration of Federal
elections.
(13) The Elections Clause grants Congress the ultimate
authority to ensure that oversight of State and local election
administrators is fair and impartial in order to ensure
equitable and uniform administration of Federal elections.
(b) Restriction.--
(1) Standard for removal of a local election
administrator.--A statewide election administrator may only
suspend, remove, or relieve the duties of a local election
administrator in the State with respect to the administration
of an election for Federal office for inefficiency, neglect of
duty, or malfeasance in office.
(2) Private right of action.--
(A) In general.--Any local election administrator
suspended, removed, or otherwise relieved of duties in
violation of paragraph (1) with respect to the
administration of an election for Federal office or
against whom any proceeding for suspension, removal, or
relief from duty in violation of paragraph (1) with
respect to the administration of an election for
Federal office may be pending, may bring an action in
an appropriate district court of the United States for
declaratory or injunctive relief with respect to the
violation. Any such action shall name as the defendant
the statewide election administrator responsible for
the adverse action. The district court shall, to the
extent practicable, expedite any such proceeding.
(B) Statute of limitations.--Any action brought
under this subsection must be commenced not later than
one year after the date of the suspension, removal,
relief from duties, or commencement of the proceeding
to remove, suspend, or relieve the duties of a local
election administrator with respect to the
administration of an election for Federal office.
(3) Attorney's fees.--In any action or proceeding under
this subsection, the court may allow a prevailing plaintiff,
other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing plaintiff'' means a
plaintiff that substantially prevails pursuant to a judicial or
administrative judgment or order, or an enforceable written
agreement.
(4) Removal of state proceedings to federal court.--A local
election administrator who is subject to an administrative or
judicial proceeding for suspension, removal, or relief from
duty by a statewide election administrator with respect to the
administration of an election for Federal office may remove the
proceeding to an appropriate district court of the United
States. Any order remanding a case to the State court or agency
from which it was removed under this subsection shall be
reviewable by appeal or otherwise.
(5) Right of united states to intervene.--
(A) Notice to attorney general.--Whenever any
administrative or judicial proceeding is brought to
suspend, remove, or relieve the duties of any local
election administrator by a statewide election
administrator with respect to the administration of an
election for Federal office, the statewide election
administrator who initiated such proceeding shall
deliver a copy of the pleadings instituting the
proceeding to the Assistant Attorney General for the
Civil Rights Division of the Department of Justice. The
local election administrator against whom such
proceeding is brought may also deliver such pleadings
to the Assistant Attorney General.
(B) Right to intervene.--The United States may
intervene in any administrative or judicial proceeding
brought to suspend, remove, or relieve the duties of
any local election administrator by a statewide
election administrator with respect to the
administration of an election for Federal office and in
any action initiated pursuant to paragraph (2) or in
any removal pursuant to paragraph (4).
(6) Review.--In reviewing any action brought under this
section, a court of the United States shall not afford any
deference to any State official, administrator, or tribunal
that initiated, approved, adjudicated, or reviewed any
administrative or judicial proceeding to suspend, remove, or
otherwise relieve the duties of a local election administrator.
(c) Reports to the Department of Justice.--
(1) In general.--Not later than 30 days after the
suspension, removal, or relief of the duties of a local
election administrator by a statewide election administrator,
the statewide election administrator shall submit to the
Assistant Attorney General for the Civil Rights Divisions of
the Department of Justice a report that includes the following
information:
(A) A statement that a local election administrator
was suspended, removed, or relieved of their duties.
(B) Information on whether the local election
administrator was determined to be inefficient or to
have engaged in neglect of duty or malfeasance in
office.
(C) A description of the effect that the
suspension, removal, or relief of the duties of the
local election administrator will have on--
(i) the administration of elections and
voters in the election jurisdictions for which
the local election official provided such
duties; and
(ii) the administration of elections and
voters in the State at large.
(D) Demographic information about the local
election official suspended, removed, or relieved and
the jurisdictions for which such election official was
providing the duties suspended, removed, or relieved.
(E) Such other information as requested by the
Assistant Attorney General for the purposes of
determining--
(i) whether such suspension, removal, or
relief of duties was based on unlawful
discrimination; and
(ii) whether such suspension, removal, or
relief of duties was due to inefficiency,
neglect of duty, or malfeasance in office.
(2) Expedited reporting for actions within 30 days of an
election.--
(A) In general.--If a suspension, removal, or
relief of duties of a local administrator described in
paragraph (1) occurs during the period described in
subparagraph (B), the report required under paragraph
(1) shall be submitted not later than 48 hours after
such suspension, removal, or relief of duties.
(B) Period described.--The period described in this
subparagraph is any period which begins 60 days before
the date of an election for Federal office and which
ends 60 days after such election.
(d) Definitions.--In this section, the following definitions apply:
(1) Election.--The term ``election'' has the meaning given
the term in section 301(1) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101(1)).
(2) Federal office.--The term ``Federal office'' has the
meaning given the term in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
(3) Local election administrator.--The term ``local
election administrator'' means, with respect to a local
jurisdiction in a State, the individual or entity responsible
for the administration of elections for Federal office in the
local jurisdiction.
(4) Statewide election administrator.--The term ``statewide
election administrator'' means, with respect to a State--
(A) the individual or entity, including a State
elections board, responsible for the administration of
elections for Federal office in the State on a
statewide basis; or
(B) a statewide legislative or executive entity
with the authority to suspend, remove, or relieve a
local election administrator.
(e) Rule of Construction.--Nothing in this section shall be
construed to grant any additional authority to remove a local elections
administrator beyond any authority provided under the law of the State.
Subtitle B--Increased Protections for Election Workers
SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.
(a) In General.--Section 594 of title 18, United 6 States Code, is
amended--
(1) by striking ``Whoever intimidates'' and inserting the
following:
``(a) In General.--Whoever intimidates''; and
(2) by adding at the end the following new subsection:
``(b) Intimidation of Election Workers.--
``(1) In general.--Whoever intimidates, threatens, coerces,
or attempts to intimidate, threaten, coerce, any election
worker with intent to impede, intimidate, or interfere with
such election worker while engaged in the performance of
official duties, or with intent to retaliate against such
election worker on account of the performance of official
duties shall be fined under this title or imprisoned not more
than one year, or both
``(2) Election worker.--For purposes of paragraph (1), the
term `election worker' means any individual who is an election
official, poll worker, or an election volunteer in connection
with an election for a Federal office.''.
(b) Conforming Amendments.--
(1) The heading of section 594 of title 18, United States
Code, is amended by inserting ``and election workers'' after
``voters''.
(2) The item relating to section 594 in the table of
sections for chapter 29 of title 18, United States Code, is
amended by inserting ``and election workers'' after ``voters''.
SEC. 3102. PROTECTION OF ELECTION WORKERS.
(a) In General.--Section 594(b) of title 18, United States Code, as
amended by section 3101, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Prohibition on publication of personal information.--
Whoever knowingly makes restricted personal information about
an election worker, or a member of the immediate family of that
election worker, publicly available in connection with such
election worker's official duties--
``(A) with the intent to threaten, intimidate, or
incite the commission of a crime of violence against
that election worker, or a member of the immediate
family of that election worker; or
``(B) with the intent and knowledge that the
restricted personal information will be used to
threaten, intimidate, or facilitate the commission of a
crime of violence against that election worker, or a
member of the immediate family of that election worker,
shall be fined under this title, imprisoned not more than 1
year, or both.''.
(b) Definitions.--Paragraph (3) of section 594(b) of title 18,
United States Code, as amended by section 3101 and redesignated by
subsection (a), is amended--
(1) by striking all that precedes ``term'' and inserting
the following:
``(3) Definitions.--For purposes of this subsection--
``(A) Election worker.--The''; and
(2) by adding at the end the following:
``(B) Other terms.--The terms `restricted personal
information', `crime of violence', and `immediate
family' have the respective meanings given such terms
under section 119.''.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 3201. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2023''.
SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5), including by operating a
polling place or ballot box that falsely purports to be an
official location established for such an election by a unit of
government.
``(5) Election described.--An election described in this
paragraph is any general, primary, runoff, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, as amended by sections 3101 and 3102, is amended--
(A) in subsection (a), by striking ``at any
election'' and inserting ``at any general, primary,
runoff, or special election''; and
(B) by adding at the end the following new
subsections:
``(c) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (f), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in subsection
(f).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (f).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(e) Attempt.--Any person who attempts to commit any offense
described in subsection (c)(1) or (d)(1) shall be subject to the same
penalties as those prescribed for the offense that the person attempted
to commit.
``(f) Election Described.--An election described in this subsection
is any general, primary, runoff, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress.''.
(2) Modifications to penalty for voter and election worker
intimidation.--Section 594(a) of title 18, United States Code,
as amended by this Act, is amended by striking ``fined under
this title or imprisoned not more than one year'' and inserting
``fined not more than $100,000, imprisoned for not more than 5
years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 3203. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 3202(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this subtitle.
SEC. 3204. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 3202(a), relating to the general election for Federal
office and any primary, runoff, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 3203(a) in
response to an allegation described in subparagraph
(A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 3202(b), in
connection with an allegation described in subparagraph
(A); and
(F) a description of any criminal prosecution
instituted under subsection (c) or (d) of section 594
of title 18, United States Code, as amended by section
3202(c), in connection with the receipt of an
allegation described in subparagraph (A) by the
Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.
Subsection (c)(2) of section 2004 of the Revised Statutes (52
U.S.C. 10101(b)), as added by section 3202(b), is amended--
(1) by striking ``Any person'' and inserting the following:
``(A) In general.--Any person''; and
(2) by adding at the end the following new subparagraph:
``(B) Intimidation, etc.--
``(i) In general.--A person aggrieved by a
violation of subsection (b)(1) shall include,
without limitation, an officer responsible for
maintaining order and preventing intimidation,
threats, or coercion in or around a location at
which voters may cast their votes.
``(ii) Corrective action.--If the Attorney
General receives a credible report that conduct
that violates or would be reasonably likely to
violate subsection (b)(1) has occurred or is
likely to occur, and if the Attorney General
determines that State and local officials have
not taken adequate steps to promptly
communicate that such conduct would violate
subsection (b)(1) or applicable State or local
laws, the Attorney General shall communicate to
the public, by any means, including by means of
written, electronic, or telephonic
communications, accurate information designed
to convey the unlawfulness of proscribed
conduct under subsection (b)(1) and the
responsibilities of and resources available to
State and local officials to prevent or correct
such violations.''.
SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVASS, AND
CERTIFICATION EFFORTS A CRIME.
Section 12(1) of the National Voter Registration Act (52 U.S.C.
20511) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or
tabulating, canvassing, or certifying voting results;
or''.
Subtitle D--Protection of Election Records and Election Infrastructure
SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION RECORDS.
(a) Finding of Constitutional Authority.--Congress finds as
follows:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the fair,
impartial, and uniform administration of Federal elections by
State and local officials.
(2) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing
Congress to implement ``a complete code for congressional
elections''. Smiley v. Holm, 285 U.S. 355, 366 (1932).
(3) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government'', Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting .
. . and the election itself from corruption or fraud'', id. at
661-62.
(4) The Elections Clause thus grants Congress the authority
to strengthen the protections for Federal election records.
(5) Congress has intervened in the electoral process to
protect the health and legitimacy of federal elections,
including for example, Congress' enactment of the Help America
Vote Act of 2002 as a response to several issues that occurred
during the 2000 Presidential election. See ``The Elections
Clause: Constitutional Interpretation and Congressional
Exercise'', Hearing Before Comm. on House Administration, 117th
Cong. (2021), written testimony of Vice Dean Franita Tolson at
3.
(b) Strengthening of Protections.--Section 301 of the Civil Rights
Act of 1960 (52 U.S.C. 20701) is amended--
(1) by striking ``Every officer'' and inserting the
following:
``(a) In General.--Every officer'';
(2) by striking ``records and papers'' and inserting
``records (including electronic records), papers, and election
equipment'' each place the term appears;
(3) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election equipment'';
(4) by inserting ``(but only under the direct
administrative supervision of an election officer).
Notwithstanding any other provision of this section, the paper
record of a voter's cast ballot shall remain the official
record of the cast ballot for purposes of this title'' after
``upon such custodian'';
(5) by inserting ``, or acts in reckless disregard of,''
after ``fails to comply with''; and
(6) by inserting after subsection (a) the following:
``(b) Election Equipment.--The requirement in subsection (a) to
preserve election equipment shall not be construed to prevent the reuse
of such equipment in any election that takes place within twenty-two
months of a Federal election described in subsection (a), provided that
all electronic records, files, and data from such equipment related to
such Federal election are retained and preserved.
``(c) Guidance.--Not later than 1 year after the date of enactment
of this subsection, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security,
in consultation with the Election Assistance Commission and the
Attorney General, shall issue guidance regarding compliance with
subsections (a) and (b), including minimum standards and best practices
for retaining and preserving records and papers in compliance with
subsection (a). Such guidance shall also include protocols for enabling
the observation of the preservation, security, and transfer of records
and papers described in subsection (a) by the Attorney General and by a
representative of each party, as defined by the Attorney General.''.
(c) Protecting the Integrity of Paper Ballots in Federal
Elections.--
(1) Protocols and conditions for inspection of ballots.--
Not later than 60 days after the date of the enactment of this
Act, the Attorney General, in consultation with the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security and the Election Assistance
Commission, shall promulgate regulations establishing the
election security protocols and conditions, including
appropriate chain of custody and proper preservation practices,
which will apply to the inspection of the paper ballots which
are required to be retained and preserved under section 301 of
the Civil Rights Act of 1960 (52 U.S.C. 20701).
(2) Cause of action for injunctive and declaratory
relief.--The Attorney General may bring an action in an
appropriate district court of the United States for such
declaratory or injunctive relief as may be necessary to ensure
compliance with the regulations promulgated under subsection
(a).
SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JURISDICTION.
(a) Expansion of Scope of Penalties for Interference.--Section 302
of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended--
(1) by inserting ``, or whose reckless disregard of section
301 results in the theft, destruction, concealment, mutilation,
or alteration of,'' after ``or alters''; and
(2) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election equipment''.
(b) Inspection, Reproduction, and Copying.--Section 303 of such Act
(52 U.S.C. 20703) is amended by striking ``record or paper'' each place
it appears and inserting ``record (including electronic record), paper,
or election equipment''.
(c) Nondisclosure.--Section 304 of such Act (52 U.S.C. 20704) is
amended by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election equipment''.
(d) Jurisdiction To Compel Production.--Section 305 of such Act (52
U.S.C. 20705) is amended by striking ``record or paper'' each place it
appears and inserting ``record (including electronic record), paper, or
election equipment''.
SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.)
is amended by adding at the end the following:
``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
``(a) Cause of Action.--The Attorney General, a representative of
the Attorney General, or a candidate in a Federal election described in
section 301 may bring an action in the district court of the United
States for the judicial district in which a record or paper is located,
or in the United States District Court for the District of Columbia, to
compel compliance with the requirements of section 301.
``(b) Duty To Expedite.--It shall be the duty of the court to
advance on the docket, and to expedite to the greatest possible extent
the disposition of, the action and any appeal under this section.''.
Subtitle E--Judicial Protection of the Right To Vote and Non-Partisan
Vote Tabulation
PART 1--RIGHT TO VOTE ACT
SEC. 3401. SHORT TITLE.
This part may be cited as the ``Right to Vote Act''.
SEC. 3402. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR
FEDERAL OFFICE PROHIBITED.
(a) In General.--Every citizen of legal voting age shall have the
right to vote and have one's vote counted in elections for Federal
office free from any burden on the time, place, or manner of voting, as
set forth in subsections (b) and (c).
(b) Retrogression.--A government may not diminish the ability to
vote or to have one's vote counted in an election for Federal office
unless the law, rule, standard, practice, procedure, or other
governmental action causing the diminishment is the least restrictive
means of significantly furthering an important, particularized
government interest.
(c) Substantial Impairment.--
(1) In general.--A government may not substantially impair
the ability of an individual to vote or to have one's vote
counted in an election for Federal office unless the law, rule,
standard, practice, procedure, or other governmental action
causing the impairment significantly furthers an important,
particularized governmental interest.
(2) Substantial impairment.--For purposes of this section,
a substantial impairment is a non-trivial impairment that makes
it more difficult to vote or to have one's vote counted than if
the law, rule, standard, practice, procedure, or other
governmental action had not been adopted or implemented. An
impairment may be substantial even if the voter or other
similarly situated voters are able to vote or to have one's
vote counted notwithstanding the impairment.
SEC. 3403. JUDICIAL REVIEW.
(a) Civil Action.--An action challenging a violation of this part
may be brought by any aggrieved person or the Attorney General in the
district court for the District of Columbia, or the district court for
the district in which the violation took place or where any defendant
resides or does business, at the selection of the plaintiff, to obtain
all appropriate relief, whether declaratory or injunctive, or facial or
as-applied. Process may be served in any district where a defendant
resides, does business, or may be found.
(b) Standards To Be Applied.--A courts adjudicating an action
brought under this part shall apply the following standards:
(1) Retrogression.--
(A) A plaintiff establishes a prima facie case of
retrogression by demonstrating by a preponderance of
the evidence that a rule, standard, practice,
procedure, or other governmental action diminishes the
ability, or otherwise makes it more difficult, to vote,
or have one's vote counted.
(B) If a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the diminishment is necessary
to significantly further an important, particularized
governmental interest.
(C) If the government meets its burden under
subparagraph (B), the challenged rule, standard,
practice, procedure, or other governmental action shall
nonetheless be deemed invalid if the plaintiff
demonstrates by a preponderance of the evidence that
the government could adopt or implement a less-
restrictive means of furthering the particularized
important governmental interest.
(2) Substantial impairment.--
(A) A plaintiff establishes a prima facie case of
substantial impairment by demonstrating by a
preponderance of the evidence that a rule, standard,
practice, procedure, or other governmental action is a
non-trivial impairment of the ability to vote or to
have one's vote counted.
(B) If a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the impairment significantly
furthers an important, particularized governmental
interest.
(c) Duty To Expedite.--It shall be the duty of the court to advance
on the docket and to expedite to the greatest reasonable extent the
disposition of the action and appeal under this section.
(d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by striking ``or section 40302'' and inserting
``section 40302''; and
(2) by striking ``, the court'' and inserting ``, or
section 3402(a) of the Freedom to Vote Act, the court''.
SEC. 3404. DEFINITIONS.
In this part--
(1) the term ``covered entity'' means the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands;
(2) the terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101);
(3) the term ``have one's vote counted'' means all actions
necessary to have a vote included in the appropriate totals of
votes cast with respect to candidates for public office for
which votes are received in an election and reflected in the
certified vote totals by any government responsible for
tallying or certifying the results of elections for Federal
office;
(4) the term ``government'' includes a branch, department,
agency, instrumentality, and official (or other person acting
under color of law) of the United States, of any State, of any
covered entity, or of any political subdivision of any State or
covered entity; and
(5) the term ``vote'' means all actions necessary to make a
vote effective, including registration or other action required
by law as a prerequisite to voting, casting a ballot.
SEC. 3405. RULES OF CONSTRUCTION.
(a) Burdens Not Authorized.--Nothing in this part may be construed
to authorize a government to burden the right to vote in elections for
Federal office.
(b) Other Rights and Remedies.--Nothing in this part shall be
construed to alter any rights existing under a State constitution or
the Constitution of the United States, or to limit any remedies for any
other violations of Federal, State, or local law.
(c) Other Provisions of This Act.--Nothing in this subtitle shall
be construed as affecting section 1703 of this Act (relating to rights
of citizens).
(d) Other Definitions.--The definitions set forth in section 3404
shall apply only to this part and shall not be construed to amend or
interpret any other provision of law.
SEC. 3406. SEVERABILITY.
If any provision of this part or the application of such provision
to any citizen or circumstance is held to be unconstitutional, the
remainder of this part and the application of the provisions of such to
any citizen or circumstance shall not be affected thereby.
SEC. 3407. EFFECTIVE DATE.
(a) Actions Brought for Retrogression.--Subsection (b) of section
3402 shall apply to any law, rule, standard, practice, procedure, or
other governmental action that was not in effect during the November
2022 general election for Federal office but that will be in effect
with respect to elections for Federal office occurring on or after
January 1, 2024, even if such law, rule, standard, practice, procedure,
or other governmental action is already in effect as of the date of the
enactment of this Act.
(b) Actions Brought for Substantial Impairment.--Subsection (c) of
section 3402 shall apply to any law, rule, standard, practice,
procedure, or other governmental action in effect with respect to
elections for Federal office occurring on or after January 1, 2024.
PART 2--CLARIFYING JURISDICTION OVER ELECTION DISPUTES
SEC. 3411. FINDINGS.
In addition to providing for the statutory rights described in part
1, including judicial review under section 3403, Congress makes the
following findings regarding enforcement of constitutional provisions
protecting the right to vote:
(1) It is a priority of Congress to ensure that pending and
future disputes arising under the Fifteenth Amendment or any
other constitutional provisions protecting the right to vote
may be heard in Federal court.
(2) The Fifth Circuit has misconstrued section 1344 of
title 28, United States Code, to deprive Federal courts of
subject matter jurisdiction in certain classes of cases that
implicate voters' constitutional rights, see, e.g., Keyes v.
Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct.
434 (2018); Johnson v. Stevenson, 170 F.2d 108 (5th Cir. 1948).
(3) Section 1344 of such title is also superfluous in light
of other broad grants of Federal jurisdiction. See, e.g.,
section 1331, section 1343(a)(3), and section 1343(a)(4) of
title 28, United States Code.
(4) Congress therefore finds that a repeal of section 1344
is appropriate and that such repeal will ensure that Federal
courts nationwide are empowered to enforce voters'
constitutional rights in Federal elections and State
legislative elections.
SEC. 3412. CLARIFYING AUTHORITY OF UNITED STATES DISTRICT COURTS TO
HEAR CASES.
(a) In General.--Section 1344 of title 28, United States Code, is
repealed.
(b) Continuing Authority of Courts To Hear Cases Under Other
Existing Authority.--Nothing in this part may be construed to affect
the authority of district courts of the United States to exercise
jurisdiction pursuant to existing provisions of law, including sections
1331, 1343(a)(3), and 1343(a)(4) of title 28, United States Code, in
any cases arising under the Constitution, laws, or treaties of the
United States concerning the administration, conduct, or results of an
election for Federal office or state legislative office.
(c) Clerical Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by striking the item relating
to section 1344.
SEC. 3413. EFFECTIVE DATE.
This part and the amendments made by this part shall apply to
actions brought on or after the date of the enactment of this Act and
to actions brought before the date of enactment of this Act which are
pending as of such date.
Subtitle F--Poll Worker Recruitment and Training
SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject to
the availability of appropriations provided to carry out this
section, make a grant to each eligible State for recruiting and
training individuals to serve as poll workers on dates of
elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training, and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as poll workers after
recruitment and training with the funds provided under
this section;
(D) provide assurances that the State will dedicate
poll worker recruitment efforts with respect to--
(i) youth and minors, including by
recruiting at institutions of higher education
and secondary education; and
(ii) diversity, including with respect to
race, ethnicity, and disability; and
(E) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 3502. STATE DEFINED.
In this subtitle, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
Subtitle G--Preventing Poll Observer Interference
SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. VOTER PROTECTION REQUIREMENTS.
``(a) Requirements for Challenges by Persons Other Than Election
Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote in
an election for Federal office or to vote in an election for
Federal office unless that challenge is supported by personal
knowledge with respect to each individual challenged regarding
the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under
penalty of perjury that the challenger has a good faith
factual basis to believe that the individual who is the
subject of the challenge is ineligible to register to
vote or vote in that election, except a challenge which
is based on the race, ethnicity, or national origin of
the individual who is the subject of the challenge may
not be considered to have a good faith factual basis
for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to
vote in an election for Federal office on the date of
the election on grounds that could have been made in
advance of such date; or
``(B) to challenge an individual's eligibility to
register to vote in an election for Federal office or
to vote in an election for Federal office less than 10
days before the election unless the individual
registered to vote less than 20 days before the
election.
``(b) Buffer Rule.--
``(1) In general.--A person who is serving as a poll
observer with respect to an election for Federal office may not
come within 8 feet of--
``(A) a voter or ballot at a polling location
during any period of voting (including any period of
early voting) in such election; or
``(B) a ballot at any time during which the
processing, scanning, tabulating, canvassing, or
certifying voting results is occurring.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to limit the ability of a State or local election
official to require poll observers to maintain a distance
greater than 8 feet.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after January 1, 2024.''.
(b) Conforming Amendment Relating to Voluntary Guidance.--Section
321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated
by section 1101(b) and as amended by sections 1102, 1103, 1104, and
1303, is amended by striking ``and 313'' and inserting ``313, and
303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following:
``Sec. 303A. Voter protection requirements.''.
Subtitle H--Preventing Restrictions on Food and Beverages
SEC. 3701. SHORT TITLE; FINDINGS.
(a) Short Title.--This subtitle may be cited as the ``Voters'
Access to Water Act''.
(b) Findings.--Congress finds the following:
(1) States have a legitimate interest in prohibiting
electioneering at or near polling places, and each State has
some form of restriction on political activities near polling
places when voting is taking place.
(2) In recent elections, voters have waited in unacceptably
long lines to cast their ballot. During the 2018 midterm
election, more than 3,000,000 voters were made to wait longer
than the acceptable threshold for wait times set by the
Presidential Commission on Election Administration, including
many well-documented cases where voters were made to wait for
several hours. A disproportionate number of those who had to
wait long periods were Black or Latino voters, who were more
likely than White voters to wait in the longest lines on
Election Day.
(3) Allowing volunteers to donate food and water to all
people waiting in line at a polling place, regardless of the
voters' political preference and without engaging in
electioneering activities or partisan advocacy, helps ensure
Americans who face long lines at their polling place can still
exercise their constitutional right to vote, without risk of
dehydration, inadequate food, discomfort, and risks to health.
SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES
AT POLLING STATIONS.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a),
section 1303(b), section 1305(a), section 1606(a)(1), section 1607(a),
and section 1624(a) is amended--
(1) by redesignating sections 318 and 319 as sections 319
and 320, respectively; and
(2) by inserting after section 317 the following new
section:
``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND
BEVERAGES AT POLLING STATIONS.
``(a) Prohibition.--Subject to the exception in subsection (b), a
State may not impose any restriction on the donation of food and
nonalcoholic beverages to persons outside of the entrance to the
building where a polling place for a Federal election is located,
provided that such food and nonalcoholic beverages are distributed
without regard to the electoral participation or political preferences
of the recipients.
``(b) Exception.--A State may require persons distributing food and
nonalcoholic beverages outside the entrance to the building where a
polling place for a Federal election is located to refrain from
political or electioneering activity.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after January 1, 2024.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking
``and 303A'' and inserting ``303A, and 317''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), section
1606(a)(3), section 1607(b), and section 1624(b) is amended--
(1) by redesignating the items relating to sections 318 and
319 as relating to sections 319 and 320, respectively; and
(2) by inserting after the item relating to section 317 the
following new item:
``Sec. 318. Prohibiting States from restricting donations of food and
beverages at polling stations.''.
Subtitle I--Establishing Duty To Report Foreign Election Interference
SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.
Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies'', to hide, move, and
launder the dirty money derived from illicit activities such as
trafficking, bribery, exploitation, and embezzlement. Ownership
and control of the finances that run through shell companies
are obscured to regulators and law enforcement because little
information is required and collected when establishing these
entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate, effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Since the Supreme Court's decisions in Citizens United
v. Federal Election Commission, 558 U.S. 310 (2010), billions
of dollars have flowed into super PACs through LLCs whose
funders are anonymous or intentionally obscured. Criminal
investigations have uncovered LLCs that were used to hide
illegal campaign contributions from foreign criminal fugitives,
to advance international influence-buying schemes, and to
conceal contributions from donors who were already under
investigation for bribery and racketeering. Voters have no way
to know the true sources of the money being routed through
these LLCs to influence elections, including whether any of the
funds come from foreign or other illicit sources.
(4) Congress should curb the use of anonymous shell
companies for illicit purposes by requiring United States
companies to disclose their beneficial owners, strengthening
anti-money laundering and counter-terrorism finance laws.
(5) Congress should examine the money laundering and
terrorist financing risks in the real estate market, including
the role of anonymous parties, and review legislation to
address any vulnerabilities identified in this sector.
(6) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anticorruption laws and regulations.
SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at
the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation and
the Commission of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact. The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a candidate shall notify the treasurer or
other designated official of the principal campaign
committee of such candidate of the reportable foreign
contact and provide a summary of the circumstances with
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a
political committee shall notify the treasurer or other
designated official of the committee of the reportable
foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign
contact' means any direct or indirect contact or
communication that--
``(i) is between--
``(I) a candidate, an immediate
family member of the candidate, a
political committee, or any official,
employee, or agent of such committee;
and
``(II) an individual that the
person described in subclause (I)
knows, has reason to know, or
reasonably believes is a covered
foreign national; and
``(ii) the person described in clause
(i)(I) knows, has reason to know, or reasonably
believes involves--
``(I) an offer or other proposal
for a contribution, donation,
expenditure, disbursement, or
solicitation described in section 319;
or
``(II) direct or indirect
coordination or collaboration with, or
a direct or indirect offer or provision
of information or services to or from,
a covered foreign national in
connection with an election.
``(B) Exceptions.--
``(i) Contacts in official capacity as
elected official.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by an elected official or an employee of an
elected official solely in an official capacity
as such an official or employee.
``(ii) Contacts for purposes of enabling
observation of elections by international
observers.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by any person which is made for purposes of
enabling the observation of elections in the
United States by a foreign national or the
observation of elections outside of the United
States by a candidate, political committee, or
any official, employee, or agent of such
committee.
``(iii) Exceptions not applicable if
contacts or communications involve prohibited
disbursements.--A contact or communication by
an elected official or an employee of an
elected official shall not be considered to be
made solely in an official capacity for
purposes of clause (i), and a contact or
communication shall not be considered to be
made for purposes of enabling the observation
of elections for purposes of clause (ii), if
the contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described in
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the
term `covered foreign national' means--
``(I) a foreign principal (as
defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611(b)) that is a government of
a foreign country or a foreign
political party;
``(II) any person who acts as an
agent, representative, employee, or
servant, or any person who acts in any
other capacity at the order, request,
or under the direction or control, of a
foreign principal described in
subclause (I) or of a person any of
whose activities are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in major part by a foreign
principal described in subclause (I);
or
``(III) any person included in the
list of specially designated nationals
and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
authorities relating to the imposition
of sanctions relating to the conduct of
a foreign principal described in
subclause (I).
``(ii) Clarification regarding application
to citizens of the united states.--In the case
of a citizen of the United States, subclause
(II) of clause (i) applies only to the extent
that the person involved acts within the scope
of that person's status as the agent of a
foreign principal described in subclause (I) of
clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the
nature of any contribution, donation, expenditure,
disbursement, or solicitation involved and the nature
of any activity described in subsection
(j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE
SYSTEM.
(a) In General.--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) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents of
such committee (and, in the case of an authorized committee,
the candidate and each immediate family member of the
candidate) to notify the treasurer or other appropriate
designated official of the committee of any reportable foreign
contact (as defined in section 304(j)) not later than 3 days
after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides for
the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report
filed under section 304(a), the treasurer of each
political committee (other than an authorized
committee) shall certify that--
``(i) the committee has in place policies
that meet the requirements of paragraphs (1)
and (2);
``(ii) the committee has designated an
official to monitor compliance with such
policies; and
``(iii) not later than 1 week after the
beginning of any formal or informal affiliation
with the committee, all officials, employees,
and agents of such committee will--
``(I) receive notice of such
policies;
``(II) be informed of the
prohibitions under section 319; and
``(III) sign a certification
affirming their understanding of such
policies and prohibitions.
``(B) Authorized committees.--With respect to an
authorized committee, the candidate shall make the
certification required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after
the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act, each
political committee under the Federal Election Campaign Act of
1971 shall file a certification with the Federal Election
Commission that the committee is in compliance with the
requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 3804. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109(d)(1)) is amended by adding at the end the following new
subparagraphs:
``(E) Any person who knowingly and willfully commits a violation of
subsection (j) or (b)(9) of section 304 or section 302(j) shall be
fined not more than $500,000, imprisoned not more than 5 years, or
both.
``(F) Any person who knowingly and willfully conceals or destroys
any materials relating to a reportable foreign contact (as defined in
section 304(j)) shall be fined not more than $1,000,000, imprisoned not
more than 5 years, or both.''.
SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees a report relating to notifications received by the Federal
Bureau of Investigation under section 304(j)(1) of the Federal Election
Campaign Act of 1971 (as added by section 4902(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a
minimum, the following with respect to notifications described in
subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 3806. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a
national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent
residence, as defined by section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
SEC. 3901. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2023''.
SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verifiable paper ballots.--
``(i) The voting system shall require the
use of an individual, durable, voter-verifiable
paper ballot of the voter's vote selections
that shall be marked by the voter and presented
to the voter for verification before the
voter's ballot is preserved in accordance with
subparagraph (B), and which shall be counted by
hand or other counting device or read by a
ballot tabulation device. For purposes of this
subclause, the term `individual, durable,
voter-verifiable paper ballot' means a paper
ballot marked by the voter by hand or a paper
ballot marked through the use of a
nontabulating ballot marking device or system,
so long as the voter shall have the option at
every in-person voting location to mark by hand
a printed ballot that includes all relevant
contests and candidates.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verifiable paper ballot is preserved in
accordance with subparagraph (B).
``(iii) The voting system shall not
preserve the voter-verifiable paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
selections.
``(iv) The voting system shall prevent,
through mechanical means or through
independently verified protections, the
modification or addition of vote selections on
a printed or marked ballot at any time after
the voter has been provided an opportunity to
correct errors on the ballot pursuant to clause
(ii).
``(B) Preservation as official record.--The
individual, durable, voter-verifiable paper ballot used
in accordance with subparagraph (A) shall constitute
the official ballot and shall be preserved and used as
the official ballot for purposes of any recount or
audit conducted with respect to any election for
Federal office in which the voting system is used.
``(C) Manual counting requirements for recounts and
audits.--
``(i) Each paper ballot used pursuant to
subparagraph (A) shall be suitable for a manual
audit, and such ballots, or at least those
ballots the machine could not count, shall be
counted by hand in any recount or audit
conducted with respect to any election for
Federal office.
``(ii) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verifiable paper ballots used pursuant to
subparagraph (A), the individual, durable,
voter-verifiable paper ballots shall be the
true and correct record of the votes cast.
``(D) Sense of congress.--It is the sense of
Congress that as innovation occurs in the election
infrastructure sector, Congress should ensure that this
Act and other Federal requirements for voting systems
are updated to keep pace with best practices and
recommendations for security and accessibility.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Paragraph (3) of section 301(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as
follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters;
``(ii)(I) ensure that individuals with
disabilities and others are given an equivalent
opportunity to vote, including with privacy and
independence, in a manner that produces a
voter-verifiable paper ballot; and
``(II) satisfy the requirement of clause
(i) through the use at in-person polling
locations of a sufficient number (not less than
one) of voting systems equipped to serve
individuals with and without disabilities,
including nonvisual and enhanced visual
accessibility for the blind and visually
impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity
impaired; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2007, meet the voting system standards for
disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting
system may meet the requirements of subparagraph (A)(i)
and paragraph (2) by--
``(i) allowing the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote tabulation or
auditing;
``(ii) allowing the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;
``(iii) marking ballots that are identical
in size, ink, and paper stock to those ballots
that would either be marked by hand or be
marked by a ballot marking device made
generally available to voters; or
``(iv) combining ballots produced by any
ballot marking devices reserved for individuals
with disabilities with ballots that have either
been marked by voters by hand or marked by
ballot marking devices made generally available
to voters, in a way that prevents
identification of the ballots that were cast
using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of
subparagraph (A)(ii)(II), the sufficient number of
voting systems for any in-person polling location shall
be determined based on guidance from the Attorney
General, in consultation with the Architectural and
Transportation Barriers Compliance Board established
under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.
``(a) Grants To Study and Report.--The Commission, in coordination
with the Access Board and the Cybersecurity and Infrastructure Security
Agency, shall make grants to not fewer than 2 eligible entities to
study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraph (1) and
(2).
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January 1,
2026; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Commission shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Commission
determine necessary to provide for the advancement of accessible voting
technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $10,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible voting options.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verifiable
paper ballots required to be used under this
Act shall be marked or printed on durable
paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verifiable
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision-enhancing devices) and by a
ballot tabulation device or other device equipped for
individuals with disabilities.''.
SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall conduct a
study of the best ways to design ballots used in elections for public
office, including paper ballots and electronic or digital ballots, to
minimize confusion and user errors.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Election Assistance Commission shall submit
to Congress a report on the study conducted under subsection (a).
SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 3904, is further amended by adding at
the end the following new paragraphs:
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters at a polling place
(except as necessary for individuals with disabilities to use
ballot marking devices that meet the accessibility requirements
of paragraph (3)), or upon which votes are cast, tabulated, or
aggregated shall contain, use, or be accessible by any
wireless, power-line, or concealed communication device.
``(9) Prohibiting connection of system to the internet.--No
system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters at a voting place, or upon which votes are
cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.''.
SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State or
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2023 shall apply with respect to voting systems used
for any election for Federal office held in 2024 or any
succeeding year.
``(B) Special rule for jurisdictions using certain
paper record printers or certain systems using or
producing voter-verifiable paper records in 2022.--
``(i) In general.--In the case of a
jurisdiction described in clause (ii), the
requirements of paragraphs (2)(A)(i) and (7) of
subsection (a) (as amended or added by the
Voter Confidence and Increased Accessibility
Act of 2023) shall not apply before the date on
which the jurisdiction replaces the printers or
systems described in clause (ii)(I) for use in
the administration of elections for Federal
office.
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter-verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i) and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2023), for the
administration of the regularly
scheduled general election for Federal
office held in November 2022; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank printed paper ballot which the
individual may mark by hand and which
is not produced by the direct recording
electronic voting machine or other such
system. The official shall provide the
individual with the ballot and the
supplies necessary to mark the ballot,
and shall ensure (to the greatest
extent practicable) that the waiting
period for the individual to cast a
vote is the lesser of 30 minutes or the
average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a
printed blank paper ballot. The notice
shall comply with the requirements of
section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503).
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank printed
paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period beginning on January
1, 2024, and ending on the date on
which the which the jurisdiction
replaces the printers or systems
described in clause (ii)(I) for use in
the administration of elections for
Federal office.
``(C) Delay for certain jurisdictions using voting
systems with wireless communication devices or internet
connections.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2024' were a reference to `the
applicable year', but only with respect to the
following requirements of this section:
``(I) Paragraph (8) of subsection
(a) (relating to prohibition of
wireless communication devices).
``(II) Paragraph (9) of subsection
(a) (relating to prohibition of
connecting systems to the internet).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used a voting system
which is not in compliance with
paragraphs (8) or (9) of subsection (a)
(as amended or added by the Voter
Confidence and Increased Accessibility
Act of 2023) for the administration of
the regularly scheduled general
election for Federal office held in
November 2022;
``(II) which was not able, to all
extent practicable, to comply with
paragraph (8) and (9) of subsection (a)
before January 1, 2024; and
``(III) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as
provided in subclause (II), the term
`applicable year' means 2028.
``(II) Extension.--If a State or
jurisdiction certifies to the
Commission not later than January 1,
2028, that the State or jurisdiction
will not meet the requirements
described in subclauses (I) and (II) of
clause (i) by such date because it
would be impractical to do so and
includes in the certification the
reasons for the failure to meet the
deadline, the term `applicable year'
means 2032.''.
SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1302(c), is amended by adding at the end the following
new part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) which does not meet the requirements
which are first imposed on the State pursuant
to the amendments made by the Voter Confidence
and Increased Accessibility Act of 2023 with a
voting system which--
``(I) does meet such requirements;
and
``(II) in the case of a
grandfathered voting system (as defined
in paragraph (2)), is in compliance
with the most recent voluntary voting
system guidelines; or
``(ii) which does meet such requirements
but which is not in compliance with the most
recent voluntary voting system guidelines with
another system which does meet such
requirements and is in compliance with such
guidelines;
``(B) to carry out voting system security
improvements described in section 298A with respect to
the regularly scheduled general election for Federal
office held in November 2024 and each succeeding
election for Federal office;
``(C) to implement and model best practices for
ballot design, ballot instructions, and the testing of
ballots; and
``(D) to purchase or acquire accessible voting
systems that meet the requirements of paragraph (2) and
paragraph (3)(A)(i) of section 301(a) by the means
described in paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum payment
amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
aggregate amount made available for payments under this
section; and
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such aggregate
amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph is
the product of--
``(A) the aggregate amount made available for
payments under this section minus the total of all of
the minimum payment amounts determined under paragraph
(2); and
``(B) the voting age population proportion for the
State (as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10 percent
of funds received by the State under this section to purchase
accessible voting systems described in subsection (a)(1)(D).
``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure (as defined in section 3908(b)
of the Voter Confidence and Increased Accessibility Act of
2023) which is carried out by a provider of cybersecurity
services under a contract entered into between the chief State
election official and the provider.
``(4) The maintenance of infrastructure used for elections,
including addressing risks and vulnerabilities which are
identified under either of the security risk and vulnerability
assessments described in paragraph (3), except that none of the
funds provided under this part may be used to renovate or
replace a building or facility which is not a primary provider
of information technology services for the administration of
elections, and which is used primarily for purposes other than
the administration of elections for public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure (as so defined) or designates as critical to the
operation of the State's election infrastructure (as so
defined).
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors Described.--For
purposes of this part, a `qualified election infrastructure vendor' is
any person who provides, supports, or maintains, or who seeks to
provide, support, or maintain, election infrastructure (as defined in
section 3908(b) of the Voter Confidence and Increased Accessibility Act
of 2023) on behalf of a State, unit of local government, or election
agency (as defined in section 3908(b) of such Act) who meets the
criteria described in section 3908(b) of such Act.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
298A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to the Committees on Homeland
Security, House Administration, and the Judiciary of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs, the Judiciary, and Rules and Administration of
the Senate, on the activities carried out with the funds provided under
this part.
``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for
grants under this part--
``(1) $2,400,000,000 for fiscal year 2024; and
``(2) $175,000,000 for each of the fiscal years 2026, 2028,
2030, and 2032.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1402(c), is amended by adding at the end
of the items relating to subtitle D of title II the following:
``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
``Sec. 298. Grants for obtaining compliant paper ballot voting
systems and carrying out voting system
security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chair, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 298A of
the Help America Vote Act of 2002 (as added by this Act).
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or
permanent resident of the United States or a
member of the Five Eyes intelligence-sharing
alliance; and
(ii) in the case of any election
infrastructure which is a voting machine,
ensure that such voting machine is assembled in
the United States.
(B) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under part 8 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act), of any sourcing outside the United
States for parts of the election infrastructure.
(C) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under such part 8, the
identification of any entity or individual with a more
than 5 percent ownership interest in the vendor.
(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the cybersecurity best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the supply chain best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(G) The vendor agrees to ensure that it has
personnel policies and practices in place that are
consistent with personnel best practices, including
cybersecurity training and background checks, issued by
the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with data integrity best
practices, including requirements for encrypted
transfers and validation, testing and checking printed
materials for accuracy, and disclosure of quality
control incidents, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(I) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant
under part 8 of subtitle D of title II of the Help
America Vote Act of 2002 (as added by this Act).
(J) The vendor agrees to permit independent
security testing by the Election Assistance Commission
(in accordance with section 231(a) of the Help America
Vote Act of 2002 (52 U.S.C. 20971)) and by the
Secretary of the goods and services provided by the
vendor pursuant to a grant under part 8 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act).
(3) Cybersecurity incident reporting requirements.--
(A) In general.--A vendor meets the requirements of
this paragraph if, upon becoming aware of the
possibility that an election cybersecurity incident has
occurred involving any of the goods and services
provided by the vendor pursuant to a grant under part 8
of subtitle D of title II of the Help America Vote Act
of 2002 (as added by this Act)--
(i) the vendor promptly assesses whether or
not such an incident occurred, and submits a
notification meeting the requirements of
subparagraph (B) to the Secretary and the Chair
of the assessment as soon as practicable (but
in no case later than 3 days after the vendor
first becomes aware of the possibility that the
incident occurred);
(ii) if the incident involves goods or
services provided to an election agency, the
vendor submits a notification meeting the
requirements of subparagraph (B) to the agency
as soon as practicable (but in no case later
than 3 days after the vendor first becomes
aware of the possibility that the incident
occurred), and cooperates with the agency in
providing any other necessary notifications
relating to the incident; and
(iii) the vendor provides all necessary
updates to any notification submitted under
clause (i) or clause (ii).
(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of
subparagraph (A) shall contain the following
information with respect to any election cybersecurity
incident covered by the notification:
(i) The date, time, and time zone when the
election cybersecurity incident began, if
known.
(ii) The date, time, and time zone when the
election cybersecurity incident was detected.
(iii) The date, time, and duration of the
election cybersecurity incident.
(iv) The circumstances of the election
cybersecurity incident, including the specific
election infrastructure systems believed to
have been accessed and information acquired, if
any.
(v) Any planned and implemented technical
measures to respond to and recover from the
incident.
(vi) In the case of any notification which
is an update to a prior notification, any
additional material information relating to the
incident, including technical data, as it
becomes available.
(C) Development of criteria for reporting.--Not
later than 1 year after the date of enactment of this
Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall, in consultation
with the Election Infrastructure Sector Coordinating
Council, develop criteria for incidents which are
required to be reported in accordance with subparagraph
(A).
(4) Definitions.--In this subsection:
(A) Chair.--The term ``Chair'' means the Chair of
the Election Assistance Commission.
(B) Chief state election official.--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.
(C) 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.
(D) Election infrastructure.--The term ``election
infrastructure'' means storage facilities, polling
places, and centralized vote tabulation locations used
to support the administration of elections for public
office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and
other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election
process, and report and display election results), and
other systems used to manage the election process and
to report and display election results on behalf of an
election agency.
(E) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(F) 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).
Subtitle K--Provisional Ballots
SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT
OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Counting of Provisional Ballots.--
``(1) In general.--
``(A) For purposes of subsection (a)(4), if a
provisional ballot is cast within the same county in
which the voter is registered or otherwise eligible to
vote, then notwithstanding the precinct or polling
place at which a provisional ballot is cast within the
county, the appropriate election official of the
jurisdiction in which the individual is registered or
otherwise eligible to vote shall count each vote on
such ballot for each election in which the individual
who cast such ballot is eligible to vote.
``(B) In addition to the requirements under
subsection (a), for each State or political subdivision
that provides voters provisional ballots, challenge
ballots, or affidavit ballots under the State's
applicable law governing the voting processes for those
voters whose eligibility to vote is determined to be
uncertain by election officials, election officials
shall--
``(i) provide clear written instructions
indicating the reason the voter was given a
provisional ballot, the information or
documents the voter needs to prove eligibility,
the location at which the voter must appear to
submit these materials or alternative methods,
including email or facsimile, that the voter
may use to submit these materials, and the
deadline for submitting these materials;
``(ii) provide a verbal translation of any
written instructions to the voter if necessary;
``(iii) permit any voter who votes
provisionally at any polling place on Indian
lands to appear at any polling place or at a
central location for the election board to
submit the documentation or information to
prove eligibility; and
``(iv) notify the voter as to whether the
voter's provisional ballot was counted or
rejected and provide the reason for rejection
if the voter's provisional ballot was rejected
after the voter provided the required
information or documentation on eligibility.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit a State or jurisdiction from counting a
provisional ballot which is cast in a different county within
the State than the county in which the voter is registered or
otherwise eligible to vote.
``(f) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting a provisional ballot submitted
by any individual with respect to an election for
Federal office unless the State meets the due process
requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the individual's signature on
the provisional ballot with the individual's signature
on the official list of registered voters in the State
or another official record or other document used by
the State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a provisional
ballot and the appropriate State or local 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 State or other official record or document used by
the State to verify the signatures of voters, such
election official, prior to making a final
determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (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 State or other official record or
document used by the State to verify
the signatures of voters; and
``(II) if such discrepancy is not
cured prior to the expiration of the
third day following the State's
deadline for receiving mail-in ballots
or absentee ballots, such ballot will
not be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the third
day following the State's deadline for
receiving mail-in ballots or absentee ballots,
the individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing
signature or other defect.--If an individual submits a
provisional ballot without a signature or submits a
provisional ballot with another defect which, if left
uncured, would cause the ballot to not be counted, the
appropriate State or local election official, prior to
making a final determination as to the validity of the
ballot, shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) the ballot 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 third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
such ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the third day following the
State's deadline for receiving mail-in ballots
or absentee ballots, the individual provides
the official with the missing signature on a
form proscribed by the State or cures the other
defect.
``(C) Other requirements.--
``(i) In general.--An election official may
not make a determination that a discrepancy
exists between the signature on a provisional
ballot and the signature of the individual on
the official list of registered voters in the
State or other official record or other
document used by the State to verify the
signatures of voters unless--
``(I) at least 2 election officials
make the determination;
``(II) each official who makes the
determination has received training in
procedures used to verify signatures;
and
``(III) of the officials who make
the determination, at least one is
affiliated with the political party
whose candidate received the most votes
in the most recent statewide election
for Federal office held in the State
and at least one is affiliated with the
political party whose candidate
received the second most votes in the
most recent statewide election for
Federal office held in the State.
``(ii) Exception.--Clause (i)(III) shall
not apply to any State in which, under a law
that is in effect continuously on and after the
date of enactment of this section,
determinations regarding signature
discrepancies are made by election officials
who are not affiliated with a political party.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to the Commission a
report containing the following information for the
applicable Federal election cycle in the State:
``(i) The number of provisional ballots
invalidated due to a discrepancy under this
subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of provisional
ballots determined valid as a result of such
process.
``(B) Submission to congress.--Not later than 10
days after receiving a report under subparagraph (A),
the Commission shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means, with respect to any regularly scheduled election
for Federal office, the period beginning on the day
after the date of the preceding regularly scheduled
general election for Federal office and ending on the
date of such regularly scheduled general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot
attempted to be cast in an election for Federal office
by an individual who is not eligible to vote in the
election; or
``(B) to prohibit a State from providing an
individual with more time and more methods for curing a
discrepancy in the individual's signature, providing a
missing signature, or curing any other defect than the
State is required to provide under this subsection.
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2024.
``(g) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2024.
``(h) Additional Conditions Prohibited.--If an individual in a
State is eligible to cast a provisional ballot as provided under this
section, the State may not impose any additional conditions or
requirements (including conditions or requirements regarding the
timeframe in which a provisional ballot may be cast) on the eligibility
of the individual to cast such provisional ballot.''.
(b) Conforming Amendment.--Section 302(h) of such Act (52 U.S.C.
21082(g)), as amended by section 1601(a) and redesignated by subsection
(a), is amended by striking ``subsection (d)(4)'' and inserting
``subsections (d)(4), (e)(3), and (f)(2)''.
TITLE IV--VOTING SYSTEM SECURITY
SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 3601, is amended by
inserting after section 303A the following new section:
``SEC. 303B. POST-ELECTION AUDITS.
``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome
is not the correct outcome;
``(B) will not change the outcome if the reported
outcome is the correct outcome; and
``(C) involves a manual adjudication of voter
intent from some or all of the ballots validly cast in
the election contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported
outcome' means the outcome of an election contest which
is determined according to the canvass and which will
become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``(B) Correct outcome.--The term `correct outcome'
means the outcome that would be determined by a manual
adjudication of voter intent for all votes validly cast
in the election contest.
``(C) Outcome.--The term `outcome' means the winner
or set of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from electronic
or mechanical tabulation devices, of the ballot choices marked
by voters on each voter-verifiable paper record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of
the voting system used to tabulate votes;
``(B) functions as a sampling frame for conducting
a post-election audit; and
``(C) accounts for all ballots validly cast
regardless of how they were tabulated and includes a
precise description of the manner in which the ballots
are physically stored, including the total number of
physical groups of ballots, the numbering system for
each group, a unique label for each group, and the
number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and
jurisdiction shall administer post-election
audits of the results of all election contests
for Federal office held in the State in
accordance with the requirements of paragraph
(2).
``(ii) Exception.--Clause (i) shall not
apply to any election contest for which the
State or jurisdiction conducts a full recount
through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election
audit conducted under subparagraph (A) corrects the
reported outcome of an election contest, the State or
jurisdiction shall use the results of the manual
adjudication of voter intent conducted as part of the
post-election audit as the official results of the
election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years
after the date of the enactment of this
section, the chief State election official of
the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and
procedures established under clause (i) shall
include the following:
``(I) Rules and procedures for
ensuring the security of ballots and
documenting that prescribed procedures
were followed.
``(II) Rules and procedures for
ensuring the accuracy of ballot
manifests produced by jurisdictions.
``(III) Rules and procedures for
governing the format of ballot
manifests and other data involved in
post-election audits.
``(IV) Methods to ensure that any
cast vote records used in a post-
election audit are those used by the
voting system to tally the results of
the election contest sent to the chief
State election official of the State
and made public.
``(V) Rules and procedures for the
random selection of ballots to be
inspected manually during each audit.
``(VI) Rules and procedures for the
calculations and other methods to be
used in the audit and to determine
whether and when the audit of each
election contest is complete.
``(VII) Rules and procedures for
testing any software used to conduct
post-election audits.
``(B) Public report.--
``(i) In general.--After the completion of
the post-election audit and at least 5 days
before the election contest is certified by the
State, the State shall make public and submit
to the Commission a report on the results of
the audit, together with such information as
necessary to confirm that the audit was
conducted properly.
``(ii) Format of data.--All data published
with the report under clause (i) shall be
published in machine-readable, open data
formats.
``(iii) Protection of anonymity of votes.--
Information and data published by the State
under this subparagraph shall not compromise
the anonymity of votes.
``(iv) Report made available by
commission.--After receiving any report
submitted under clause (i), the Commission
shall make such report available on its
website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each State and jurisdiction
shall be required to comply with the requirements of
this subsection for the first regularly scheduled
election for Federal office occurring in 2034 and for
each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph
(C), if a State certifies to the Election Assistance
Commission not later than the first regularly scheduled
election for Federal office occurring in 2034, that the
State will not meet the deadline described in
subparagraph (A) because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such deadline, subparagraph (A) and
subsection (c)(2) shall be applied to the State by
substituting `2036' for `2034'.
``(C) Additional waiver period.--If a State
certifies to the Election Assistance Commission not
later than the first regularly scheduled election for
Federal office occurring in 2036, that the State will
not meet the deadline described in subparagraph (A)
(after application of subparagraph (B)) because it
would be impracticable to do so and includes in the
certification the reasons for the failure to meet such
deadline, subparagraph (A) and subsection (c)(2) shall
be applied to the State by substituting `2038' for
`2034'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled
elections for Federal office occurring in 2026 and
2028, each State shall administer a post-election audit
of the result of at least one statewide election
contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(B) Post-election audit defined.--In this
subsection, the term `post-election audit' means a
post-election process that involves a manual
adjudication of voter intent from a sample of ballots
validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2030 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2034, each State shall administer a
post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election contest
for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such Act, as
amended by section 3601, is amended by inserting after the item
relating to section 303A the following new item:
``Sec. 303B. Post-election audits.''.
(c) Study on Post-Election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory committee
to study post-election audits and establish best practices for
post-election audit methodologies and procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint individuals
to the advisory committee and secure the representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in
election security;
(C) individuals with experience and expertise in
post-election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
purposes of this subsection.
SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland Security Act of
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election
infrastructure'' before the period at the end.
SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND
REMOTE BALLOT MARKING SYSTEMS.
(a) Inclusion Under Voluntary Voting System Guidelines.--Section
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f);
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission shall
adopt voluntary voting system guidelines that describe functionality,
accessibility, and security principles for the design, development, and
operation of voting systems, electronic poll books, and remote ballot
marking systems.''; and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and Remote
Ballot Marking Systems.--
``(1) Adoption date.--The Commission shall adopt initial
voluntary voting system guidelines for electronic poll books
and remote ballot marking systems not later than 1 year after
the date of the enactment of the Freedom to Vote Act.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems without
modifying the most recently adopted voluntary voting system
guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Electronic poll book.--The term `electronic poll
book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the
software, firmware, and documentation required to program,
control, and support the equipment) that is used--
``(A) to retain the list of registered voters at a
polling location, or vote center, or other location at
which voters cast votes in an election for Federal
office; and
``(B) to identify registered voters who are
eligible to vote in an election.
``(2) Remote ballot marking system.--The term `remote
ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots
outside of a voting center or polling place; and
``(B) allows a voter to receive a blank ballot to
mark electronically, print, and then cast by returning
the printed ballot to the elections office or other
designated location.''.
(b) Providing for Certification of Electronic Poll Books and Remote
Ballot Marking System.--Section 231(a) of the Help America Vote Act of
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and
(2), by inserting ``, electronic poll books, and remote ballot marking
systems'' after ``software''.
SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States To Submit Reports.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 301 the following new section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States To Submit Reports.--Not later than 120 days
before the date of each regularly scheduled general election for
Federal office, the chief State election official of a State shall
submit a report to the Commission containing a detailed voting system
usage plan for each jurisdiction in the State which will administer the
election, including a detailed plan for the usage of electronic poll
books and other equipment and components of such system. If a
jurisdiction acquires and implements a new voting system within the 120
days before the date of the election, it shall notify the chief State
election official of the State, who shall submit to the Commission in a
timely manner an updated report under the preceding sentence.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2024 and each succeeding regularly scheduled general election
for Federal office''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 301 the
following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.
(a) Requirement.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 3904 and section 3906,
is further amended by adding at the end the following new paragraph:
``(10) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2026,
each State shall seek to ensure to the extent
practicable that any voting machine used in such
election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the
date of the regularly scheduled general election for
Federal office occurring in November 2026, each State
shall seek to ensure that any voting machine purchased
or acquired for such election and in any subsequent
election for Federal office is assembled in the United
States.
``(C) Software and code requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2026,
each State shall seek to ensure that any software or
code developed for any voting system purchased or
acquired for such election and in any subsequent
election for Federal office is developed and stored in
the United States.''.
(b) Conforming Amendment Relating to Effective Date.--Section
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section
3907, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(10) and paragraph (2)''.
SEC. 4006. USE OF POLITICAL PARTY HEADQUARTERS BUILDING FUND FOR
TECHNOLOGY OR CYBERSECURITY-RELATED PURPOSES.
(a) Permitting Use of Fund.--Section 315(a)(9)(B) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(9)(B)) is amended by
striking the period at the end and inserting the following: ``, and to
defray technology or cybersecurity-related expenses.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to calendar year 2024 and each succeeding calendar
year.
SEC. 4007. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title, and the application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT
TITLE V--NONPARTISAN REDISTRICTING REFORM
SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the 14th Amendment to the Constitution gives Congress the power
to enact laws to enforce section 2 of such amendment, which
requires Representatives to be apportioned among the several
States according to their number;
(3) the authority granted to Congress under section 5 of
the 14th Amendment to the Constitution gives Congress the power
to enact laws to enforce section 1 of such amendment, including
protections against excessive partisan gerrymandering that
Federal courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority; and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties by
infringing on their First Amendment right to associate freely
and their Fourteenth Amendment right to equal protection of the
laws.
SEC. 5002. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this title
may not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the terms or conditions of this title, or applicable State law.
SEC. 5003. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans To Meet Criteria.--A State may not use a
congressional redistricting plan enacted following the notice of
apportionment transmitted to the President on April 26, 2021, or any
subsequent notice of apportionment, if such plan is not in compliance
with this section, without regard to whether or not the plan was
enacted by the State before, on, or after the effective date of this
title.
(b) Ranked Criteria.--Under the redistricting plan of a State,
there shall be established single-member congressional districts using
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they substantially
equalize total population, without regard to age, citizenship
status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups protected
by such Act are able to elect representatives of choice in
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's population, voting age population, or citizen voting
age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group is a functional
majority with the ability to both nominate candidates
and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (3).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially favoring
or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1), (2), and (3)
of subsection (b) in order to determine whether
reasonable alternatives exist that would result in
materially lower levels of partisan advantage or
disadvantage on a statewide basis. For purposes of this
subparagraph, alternative plans considered may include
both actual plans proposed during the redistricting
process and other plans prepared for purposes of
comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under
section 5006 in which a party asserts a claim that a
State has enacted a redistricting plan which is in
violation of this subsection, a party may file a motion
not later than 30 days after the enactment of the plan
(or, in the case of a plan enacted before the effective
date of this Act, not later than 30 days after the
effective date of this Act) requesting that the court
determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court
shall hold a hearing not later than 15 days after the
date the motion is filed to assess whether a
presumption of such a violation exists.
(B) Assessment.--To conduct the assessment required
under subparagraph (A), the court shall do the
following:
(i) Determine the number of congressional
districts under the plan that would have been
carried by each political party's candidates
for the office of President and the office of
Senator in the 2 most recent general elections
for the office of President and the 2 most
recent general elections for the office of
Senator (other than special general elections)
immediately preceding the enactment of the
plan, except that if a State conducts a primary
election for the office of Senator which is
open to candidates of all political parties,
the primary election shall be used instead of
the general election and the number of
districts carried by a party's candidates for
the office of Senator shall be determined on
the basis of the combined vote share of all
candidates in the election who are affiliated
with such party.
(ii) Determine, for each of the 4 elections
assessed under clause (i), whether the number
of districts that would have been carried by
any party's candidate as determined under
clause (i) results in partisan advantage or
disadvantage in excess of the applicable
threshold described in subparagraph (C). The
degree of partisan advantage or disadvantage
shall be determined by one or more standard
quantitative measures of partisan fairness
that--
(I) use a party's share of the
statewide vote to calculate a
corresponding benchmark share of seats;
and
(II) measure the amount by which
the share of seats the party's
candidate would have won in the
election involved exceeds the benchmark
share of seats.
(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with
respect to a State and a number of seats, the greater
of--
(i) an amount equal to 7 percent of the
number of congressional districts in the State;
or
(ii) one congressional district.
(D) Description of quantitative measures;
prohibiting rounding.--In carrying out this
subsection--
(i) the standard quantitative measures of
partisan fairness used by the court may include
the simplified efficiency gap but may not
include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed
to violate paragraph (1) if, on the basis of at least
one standard quantitative measure of partisan fairness,
it exceeds the applicable threshold described in
subparagraph (C) with respect to 2 or more of the 4
elections assessed under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this
paragraph, the following rules shall apply:
(i) Upon filing of a motion under
subparagraph (A), a State's use of the plan
which is the subject of the motion shall be
automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the
court rules that the plan is presumed under
subparagraph (E) to violate paragraph (1), a
State may not use such plan until and unless
the court which is carrying out the
determination of the effect of the plan under
paragraph (2) determines that, notwithstanding
the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of
a presumption of a violation with respect to a
redistricting plan as determined under this paragraph
shall not affect the determination of the effect or
intent of the plan under this section.
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraphs (1), (2), or (3) of subsection (b),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (3) of
subsection (b), to achieve partisan fairness and comply with subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 5004(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria,
districting principles, or other policies of the State which are not
set forth in this section to justify non-compliance with the
requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the notice
of apportionment transmitted to the President on April 26,
2021, regardless of the date of enactment by the State of the
congressional redistricting plan.
(g) Severability of Criteria.--If any provision of this section, or
the application of any such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this section, and the
application of such provision to any other person or circumstance,
shall not be affected by the holding.
SEC. 5004. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public internet site maintained
under subsection (a)(2);
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External Metrics
Required Prior to Vote.--The entity responsible for developing and
adopting the congressional redistricting plan for a State may not hold
a vote on a proposed redistricting plan, including a vote in a
committee, unless at least 48 hours prior to holding the vote the State
has released a written evaluation that measures each such plan against
external metrics which cover the criteria set forth in section 5003(b),
including the impact of the plan on the ability of members of a class
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) to elect candidates of choice, the degree to which the plan
preserves or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of section 5003(b)
and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 5005. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including
any extension to the deadline provided in accordance
with State law;
(B) February 15 of the year in which regularly
scheduled general elections for Federal office are held
in the State; or
(C) 90 days before the date of the next regularly
scheduled primary election for Federal office held in
the State.
(2) Special rule for plans enacted prior to effective date
of title.--If a State enacted a final congressional
redistricting plan prior to the effective date of this title
and the plan is not in compliance with the requirements of this
title, the State shall enact a final redistricting plan which
is in compliance with the requirements of this title not later
than 45 days after the effective date of this title.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears reasonably
likely that a State will fail to enact a final congressional
redistricting plan by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the capital of the State is
located, as selected by the first party to file with the court
sufficient evidence that a State has failed to, or is reasonably likely
to fail to, enact a final redistricting plan for the State prior to the
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the State
under section 5003.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be
heard and present testimony, including expert
testimony, in accordance with the rules of the court;
and
(B) consider other submissions and comments by the
public, including proposals for redistricting plans to
cover the entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under this
section, the court may appoint a special master to make
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
court shall make the plans available to the public at no cost,
and shall also make available the underlying data used to
develop the plans and a written evaluation of the plans against
external metrics (as described in section 5004(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the court
shall develop and publish the final redistricting plan for the
State.
(f) Use of Interim Plan.--In the event that the court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the court to develop and publish the final
redistricting plan, including the discretion to make any changes the
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted
by the court in accordance with this section shall be governed by the
appellate process in section 5006.
(h) Stay of State Proceedings.--The filing of an action under this
section shall act as a stay of any proceedings in State court with
respect to the State's congressional redistricting plan unless
otherwise ordered by the court.
SEC. 5006. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.
(2) Availability of private right of action.--
(A) In general.--Any person residing or domiciled
in a State who is aggrieved by the failure of the State
to meet the requirements of the Constitution or Federal
law, including this title, with respect to the State's
congressional redistricting, may bring a civil action
in the United States district court for the applicable
venue for such relief as may be appropriate to remedy
the failure.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person
who is aggrieved by the failure of a State to meet the
requirements of section 5003(c) may include--
(i) any political party or committee in the
State; and
(ii) any registered voter in the State who
resides in a congressional district that the
voter alleges was drawn in a manner that
contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--
Except for an award of attorney's fees under subsection
(d), a court in a civil action under this section shall
not award the prevailing party any monetary damages,
compensatory, punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United States
District Court for the District of Columbia or for the judicial
district in which the capital of the State is located, as
selected by the person bringing the action. In a civil action
that includes a claim that a redistricting plan is in violation
of subsection (b) or (c) of section 5003, the United States
District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in any
United States judicial district in which the defendant resides,
is found, or has an agent, or in the United States judicial
district in which the capital of the State is located. Process
may be served in any United States judicial district where a
defendant resides, is found, or has an agent, or in the United
States judicial district in which the capital of the State is
located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened pursuant
to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit, which shall hear the matter sitting en banc.
There shall be no right of appeal in such proceedings to any
other court of appeals. Such appeal shall be taken by the
filing of a notice of appeal within 10 days of the entry of the
final decision. A final decision by the Court of Appeals may be
reviewed by the Supreme Court of the United States by writ of
certiorari.
(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this title--
(i) the court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 5005; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court, in its discretion,
may allow a State to develop and propose a
remedial congressional redistricting plan for
review by the court to determine whether the
plan is in compliance with this title, except
that--
(I) the State may not develop and
propose a remedial plan under this
clause if the court determines that the
congressional redistricting plan of the
State was enacted with discriminatory
intent in violation of the Constitution
or section 5003(b); and
(II) nothing in this clause may be
construed to permit a State to use such
a remedial plan which has not been
approved by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in
whole or in part, the requirements of this title, or to
conduct an election under terms and conditions which
violate, in whole or in part, the requirements of this
title.
(C) Special rule in case final adjudication not
expected within 3 months of election.--
(i) Duty of court.--If final adjudication
of an action under this section is not
reasonably expected to be completed at least 3
months prior to the next regularly scheduled
primary election for the House of
Representatives in the State, the district
court shall--
(I) develop, adopt, and order the
use of an interim congressional
redistricting plan in accordance with
section 5005(f) to address any claims
under this title for which a party
seeking relief has demonstrated a
substantial likelihood of success; or
(II) order adjustments to the
timing of primary elections for the
House of Representatives and other
related deadlines, as needed, to allow
sufficient opportunity for adjudication
of the matter and adoption of a
remedial or replacement plan for use in
the next regularly scheduled general
elections for the House of
Representatives.
(ii) Prohibiting failure to act on grounds
of pendency of election.--The court may not
refuse to take any action described in clause
(i) on the grounds of the pendency of the next
election held in the State or the potential for
disruption, confusion, or additional burdens
with respect to the administration of the
election in the State.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
title, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except upon
an order holding, based on the record, that adoption of such
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon
consideration of an appeal under this title, the Court
of Appeals determines that a plan does not comply with
the requirements of this title, it shall direct that
the District Court promptly develop a new remedial plan
with assistance of a special master for consideration
by the Court of Appeals.
(B) Failure of district court to take timely
action.--If, at any point during the pendency of an
action under this section, the District Court fails to
take action necessary to permit resolution of the case
prior to the next regularly scheduled election for the
House of Representatives in the State or fails to grant
the relief described in paragraph (1)(C), any party may
seek a writ of mandamus from the Court of Appeals for
the District of Columbia Circuit. The Court of Appeals
shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the
Court of Appeals determines that a writ should be
granted, the Court of Appeals shall take any action
necessary, including developing a congressional
redistricting plan with assistance of a special master
to ensure that a remedial plan is adopted in time for
use in the next regularly scheduled election for the
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any claims
or issues not addressed by the replacement plan, including
claims that the plan which is the subject of the action was
enacted, in whole or in part, with discriminatory intent, or
claims to consider whether relief should be granted under
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C.
10302(c)) based on the plan which is the subject of the action.
(d) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or State may
claim legislative privilege under either State or Federal law in a
civil action brought under this section or in any other legal
challenge, under either State or Federal law, to a redistricting plan
enacted under this title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district courts
of the United States have exclusive jurisdiction under this
title may be removed by any party in the case, including an
intervenor, by filing, in the district court for an applicable
venue under this section, a notice of removal signed pursuant
to Rule 11 of the Federal Rules of Civil Procedure containing a
short and plain statement of the grounds for removal. Consent
of parties shall not be required for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the State
court from which the action was removed.
SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this title or in any amendment made by this title may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 5008. EFFECTIVE DATE.
(a) In General.--This title and the amendments made by this title
shall apply on the date of enactment of this title.
(b) Application to Congressional Redistricting Plans Resulting From
2020 Decennial Census.--Notwithstanding subsection (a), this title and
the amendments made by this title, other than section 5004, shall apply
with respect to each congressional redistricting plan enacted pursuant
to the notice of apportionment transmitted to the President on April
26, 2021, without regard to whether or not a State enacted such a plan
prior to the date of the enactment of this Act.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2023'' or the ``DISCLOSE
Act of 2023''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in U.S. campaigns.
To further these substantial interests, campaign finance
disclosure must be timely and complete, and must disclose the
true and original source of money given, transferred, and spent
to influence Federal elections. Current law does not meet this
objective because corporations and other entities that the
Supreme Court has permitted to spend money to influence Federal
elections are subject to few if any transparency requirements.
(2) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1, (1976), ``disclosure
requirements certainly in most applications appear to be the
least restrictive means of curbing the evils of campaign
ignorance and corruption that Congress found to exist''.
Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court
reiterated that ``disclosure is a less restrictive alternative
to more comprehensive regulations of speech''. 558 U.S. 310,
369 (2010).
(3) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the Court
did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(4) Campaign finance disclosure is also essential to
enforce the Federal Election Campaign Act's prohibition on
contributions by and solicitations of foreign nationals. See
section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121).
(5) Congress should close loopholes allowing spending by
foreign nationals in domestic elections. For example, in 2021,
the Federal Election Commission, the independent Federal agency
charged with protecting the integrity of the Federal campaign
finance process, found reason to believe and conciliated a
matter where an experienced political consultant knowingly and
willfully violated Federal law by soliciting a contribution
from a foreign national by offering to transmit a $2,000,000
contribution to a super PAC through his company and two
501(c)(4) organizations, to conceal the origin of the funds.
This scheme was only unveiled after appearing in a The
Telegraph UK article and video capturing the solicitation. See
Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et
al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165
& 7196 (Jesse Benton), dated Mar. 2, 2021.
PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 6003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
Section 319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section, the term'' and
inserting the following: ``Definitions.--For purposes of this
section--
``(1) Foreign national.--The term'';
(3) by moving paragraphs (1) and (2) two ems to the right
and redesignating them as subparagraphs (A) and (B),
respectively; and
(4) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement to
or on behalf of any account of a political committee which is
established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
SEC. 6004. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL
ELECTIONS.
(a) Study.--For each 4-year election cycle (beginning with the 4-
year election cycle ending in 2020), the Comptroller General shall
conduct a study on the incidence of illicit foreign money in all
elections for Federal office held during the preceding 4-year election
cycle, including what information is known about the presence of such
money in elections for Federal office.
(b) Report.--
(1) In general.--Not later than the applicable date with
respect to any 4-year election cycle, the Comptroller General
shall submit to the appropriate congressional committees a
report on the study conducted under subsection (a).
(2) Matters included.--The report submitted under paragraph
(1) shall include a description of the extent to which illicit
foreign money was used to target particular groups, including
rural communities, African-American and other minority
communities, and military and veteran communities, based on
such targeting information as is available and accessible to
the Comptroller General.
(3) Applicable date.--For purposes of paragraph (1), the
term ``applicable date'' means--
(A) in the case of the 4-year election cycle ending
in 2020, the date that is 1 year after the date of the
enactment of this Act; and
(B) in the case of any other 4-year election cycle,
the date that is 1 year after the date on which such 4-
year election cycle ends.
(c) Definitions.--As used in this section:
(1) 4-year election cycle.--The term ``4-year election
cycle'' means the 4-year period ending on the date of the
general election for the offices of President and Vice
President.
(2) Illicit foreign money.--The term ``illicit foreign
money'' means any contribution, donation, expenditure, or
disbursement by a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(b))) prohibited under such section.
(3) Election; federal office.--The terms ``election'' and
``Federal office'' have the meanings given such terms under
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on House Administration of the
House of Representatives;
(B) the Committee on Rules and Administration of
the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on the Judiciary of the Senate.
(d) Sunset.--This section shall not apply to any 4-year election
cycle beginning after the election for the offices of President and
Vice President in 2032.
SEC. 6005. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 6003, is
amended by adding at the end the following new paragraph:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national described in
section 304(j)(3)(C); or
``(B) a foreign principal described in section
1(b)(2) or 1(b)(3) of the Foreign Agent Registration
Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3))
or an agent of such a foreign principal under such
Act.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2024 or any succeeding year.
SEC. 6006. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.
(a) Disbursements Described.--Section 319(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering
communication (within the meaning of section
304(f)(3));
``(F) a disbursement for a communication which is
placed or promoted for a fee on a website, web
application, or digital application that refers to a
clearly identified candidate for election for Federal
office and is disseminated within 60 days before a
general, special or runoff election for the office
sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a
political party that has authority to nominate a
candidate for the office sought by the candidate;
``(G) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a broadcast,
cable or satellite communication, or for a
communication which is placed or promoted for a fee on
a website, web application, or digital application,
that promotes, supports, attacks or opposes the
election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the
communication contains express advocacy or the
functional equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or
satellite communication, or for any communication which
is placed or promoted for a fee on an online platform
(as defined in section 304(k)(3)), that discusses a
national legislative issue of public importance in a
year in which a regularly scheduled general election
for Federal office is held, but only if the
disbursement is made by a covered foreign national
described in section 304(j)(3)(C);
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any
person for internet activity that promotes, supports,
attacks or opposes the election of a clearly identified
candidate for Federal, State, or local office
(regardless of whether the activity contains express
advocacy or the functional equivalent of express
advocacy); or
``(J) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a Federal
judicial nomination communication (as defined in
section 324(g)(2));''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after the date of the
enactment of this Act.
SEC. 6007. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION
CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States Code, as
amended by section 2001(a), is amended by adding at the end the
following:
``Sec. 613. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company, or other
entity to establish or use the corporation, company, or other entity
with the intent to conceal an activity of a foreign national (as
defined in section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121)) prohibited under such section 319.
``(b) Penalty.--Any person who violates subsection (a) shall be
imprisoned for not more than 5 years, fined under this title, or
both.''.
(b) Table of Sections.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 2001(b), is amended
by inserting after the item relating to section 612 the following:
``613. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30126) is amended to read as follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and if such communication is in
support of or in opposition to the identified
candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E)(i) If the covered organization makes
campaign-related disbursements using exclusively funds
in a campaign-related disbursement segregated fund, for
each payment made to the account by a person other than
the covered organization--
``(I) the name and address of each person
who made such payment to the account during the
period covered by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2024, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2024.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a campaign-related disbursement segregated
fund, for each payment to the covered organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2024, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2024.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
a campaign-related disbursement segregated fund
and any other account used to make campaign-
related disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Campaign-related disbursement segregated
fund.--The term `campaign-related disbursement
segregated fund' means a segregated bank account
consisting of funds that were paid directly to such
account by persons other than the covered organization
that controls the account.
``(C) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(D) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(E) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--Information included in
a statement filed under this section may be excluded from statements
and reports filed under section 304.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
refers to a clearly identified candidate for election
for Federal office and which promotes or supports the
election of a candidate for that office, or attacks or
opposes the election of a candidate for that office,
without regard to whether the communication expressly
advocates a vote for or against a candidate for that
office.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements; or
``(D) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from a campaign-related disbursement
segregated fund and any other account used to
make campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall be
construed to waive or otherwise affect any other requirement of this
Act which relates to the reporting of campaign-related
disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C.
30104) is amended by striking ``Any requirement'' and inserting
``Except as provided in section 324(b), any requirement''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations relating the application of the exemption under section
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by
subsection (a)). Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1) of
such Act (as added by subsection (a)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of actual
bias--based on objective and reasonable perceptions--when a
person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge
on the case''. (Caperton v. A. T. Massey Coal Co., 556 U.S.
868, 884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that corporations
have too much power and influence in politics and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity. Super
PACs can accept and spend unlimited contributions from any non-
foreign source. These groups can spend tens of millions of
dollars on political activities. Such dark money groups spent
an estimated $1,050,000,000 in the 2020 election cycle.
(5) Dark money is used to shape judicial decision making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case and
provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the people
spending money supporting or opposing judicial nominations have
business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30126), as amended by section 6011, is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for
a Federal judicial nomination communication shall be
treated as a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements
which are for Federal judicial nomination
communications--
``(i) the dollar amounts in paragraphs (1)
and (2) of subsection (a) shall be applied
separately with respect to such disbursements
and other campaign-related disbursements;
``(ii) the election reporting cycle shall
be the calendar year in which the disbursement
for the Federal judicial nomination
communication is made;
``(iii) references to a candidate in
subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C)
shall be treated as references to a nominee for
a Federal judge or justice; and
``(iv) the reference to an election in
subsection (a)(2)(C) shall be treated as a
reference to the nomination of such nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial
nomination communication' means any communication--
``(i) that is by means of any broadcast,
cable, or satellite, paid internet, or paid
digital communication, paid promotion,
newspaper, magazine, outdoor advertising
facility, mass mailing, telephone bank,
telephone messaging effort of more than 500
substantially similar calls or electronic
messages within a 30-day period, or any other
form of general public political advertising;
and
``(ii) which promotes, supports, attacks,
or opposes the nomination or Senate
confirmation of an individual as a Federal
judge or justice.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(C) Intent not required.--A disbursement for an
item described in subparagraph (A) shall be treated as
a disbursement for a Federal judicial nomination
communication regardless of the intent of the person
making the disbursement.''.
SEC. 6013. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes Enforcement
Network of the Department of the Treasury shall provide the Federal
Election Commission with such information as necessary to assist in
administering and enforcing section 324 of the Federal Election
Campaign Act of 1971, as amended by this part.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election Commission,
in consultation with the Director of the Financial Crimes Enforcement
Network of the Department of the Treasury, shall submit to Congress a
report with recommendations for providing further legislative authority
to assist in the administration and enforcement of such section 324.
SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 6003, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 6015. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election Commission
should simplify the process for filing any disclosure required under
the provisions of, and amendments made by, this part in order to ensure
that such process is as easy and accessible as possible.
SEC. 6016. EFFECTIVE DATE.
The amendments made by this part shall apply with respect to
disbursements made on or after January 1, 2024, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
PART 3--OTHER ADMINISTRATIVE REFORMS
SEC. 6021. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign Act of
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section
406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--If any action is brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act, including
title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986,
or is brought to with respect to any action of the Commission under
chapter 95 or 96 of the Internal Revenue Code of 1986, the following
rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal from
the decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at the time
of its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95 or 96 of
the Internal Revenue Code of 1986, or is brought to with respect to any
action of the Commission under chapter 95 or 96 of the Internal Revenue
Code of 1986, the district court shall transfer the action to the
District Court for the District of Columbia, and the action shall
thereafter be conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action described
in subsection (a) relating to declaratory or injunctive relief to
challenge the constitutionality of a provision, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(d) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality of any provision of this
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
SEC. 6023. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect and apply on
the date of the enactment of this Act, without regard to whether or not
the Federal Election Commission has promulgated regulations to carry
out this subtitle and the amendments made by this subtitle.
Subtitle B--Honest Ads
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 6102. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving disclosure
requirements for online political advertisements in order to uphold the
Supreme Court's well-established standard that the electorate bears the
right to be fully informed.
SEC. 6103. FINDINGS.
Congress makes the following findings:
(1) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established under
the Act, noting that such requirements ``provide the electorate
with information and insure that the voters are fully informed
about the person or group who is speaking''. The Court
reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to studies from AdImpact and Borrell
Associates, in 2020, an estimated $1,700,000,000 was spent on
online political advertising, more than 10 times the amount
spent in 2012.
(4) In order to enhance transparency of all political
advertisement funding, it is prudent to extend to online
internet platforms the same types of political advertisement
disclosure requirements applicable to broadcast television and
radio stations, and providers of cable and satellite
television.
(5) Effective and complete transparency for voters must
include information about the true and original source of money
given, transferred, and spent on political advertisements made
online.
(6) Requiring the disclosure of this information is a
necessary and narrowly tailored means to inform the voting
public of who is behind digital advertising disseminated to
influence their votes and to enable the Federal Election
Commission and the Department of Justice to detect and
prosecute illegal foreign spending on local, State, and Federal
elections and other campaign finance violations.
(7) Paid advertising on large online platforms is different
from advertising placed on other common media in terms of the
comparatively low cost of reaching large numbers of people, the
availability of sophisticated microtargeting, and the ease with
which online advertisers, particularly those located outside
the United States, can evade disclosure requirements. Requiring
large online platforms to maintain public files of information
about the online political ads they disseminate is the best and
least restrictive means to ensure the voting public has
complete information about who is trying to influence their
votes and to aid enforcement of other laws, including the
prohibition on foreign money in domestic campaigns.
(8) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
247,000,000 American users--over 153,000,000 of them on a daily
basis. By contrast, the largest cable television provider has
16,142,000 subscribers, while the largest satellite television
provider has 13,300,000 subscribers. And the most-watched
television broadcast in United States history had 118,000,000
viewers.
(9) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate materially
false, inflammatory, or contradictory messages to the public.
Social media platforms, in contrast, can target portions of the
electorate with direct, ephemeral advertisements often on the
basis of private information the platform has on individuals,
enabling political advertisements that are contradictory,
racially or socially inflammatory, or materially false.
(10) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing campaign
finance regulations.
(11) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(12) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference in
the 2016 U.S. Election Volume 2: Russia's Use of Social Media
with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements should
apply online. This will also help to ensure that the IRA or any
similarly situated actors cannot use paid advertisements for
purposes of foreign interference.''.
(13) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found: ``Throughout
the election cycle, Russia's online influence actors sought to
affect US public perceptions of the candidates, as well as
advance Moscow's longstanding goals of undermining confidence
in US election processes and increasing sociopolitical
divisions among the American people.''. The report also
determined that Iran sought to influence the election by
``creating and amplifying social media content that criticized
[candidates]''.
(14) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight or
repercussions from the platforms.
(15) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese government and Chinese State-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese propaganda.
(16) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have not
been taken by all platforms, have not been reliably enforced,
and are subject to immediate change at the discretion of the
platforms.
(17) The Federal Election Commission's current regulations
on political advertisements do not provide sufficient
transparency to uphold the public's right to be fully informed
about political advertisements made online.
SEC. 6104. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online platforms
in the lives of Americans, requires the Congress and the
Federal Election Commission to take meaningful action to ensure
that laws and regulations provide the accountability and
transparency that is fundamental to our democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of
such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, publication,
periodical, blog, or platform, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations on what constitutes a paid internet or paid digital
communication for purposes of paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended
by subsection (a), except that such regulation shall not define a paid
internet or paid digital communication to include communications for
which the only payment consists of internal resources, such as employee
compensation, of the entity paying for the communication.
SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication which is placed
or promoted for a fee on an online platform (as defined
in subsection (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or
digital facilities are owned or controlled by
any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2024,
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated through
a medium in which the provision of all of the information
specified in this section is not possible, the communication
shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the
information required under this section with minimal
effort and without receiving or viewing any additional
material other than such required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) 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.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) 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
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall take
effect without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments.
SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 3802, is amended by
adding at the end the following new subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall
maintain, and make available for online public
inspection in machine-readable format, a
complete record of any qualified political
advertisement which is purchased by a person
whose aggregate purchases of qualified
political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political
ads sold by third-party advertising vendors.--
An online platform that displays a qualified
political advertisement sold by a third-party
advertising vendor shall include on its own
platform--
``(I) an easily accessible and
identifiable link to the records
maintained by the third-party
advertising vendor under clause (i)
regarding such qualified political
advertisement; or
``(II) in any case in which the
third-party advertising vendor does not
make such records available, a
statement that no records from the
third-party advertising vendor's
records are available.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political
advertisement on an online platform shall provide the
online platform with such information as is necessary
for the online platform to comply with the requirements
of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience that received
the advertisement, the number of views generated from
the advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the total cost of the advertisement
(which may be rounded to the nearest $100);
``(ii) the name of the candidate to which
the advertisement refers and the office to
which the candidate is seeking election, the
election to which the advertisement refers, or
the national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by,
or on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name
and address of a contact person for such
person, and a list of the chief executive
officers or members of the executive committee
or of the board of directors of such person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes any third-party
advertising vendor network, advertising agency,
advertiser, or third-party advertisement serving
company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no material
differences (such as versions that differ only because they
contain a recipient's name, or differ only in size, color,
font, or layout) may be treated as a single qualified political
advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) for determining whether an advertisement communicates a
national legislative issue for purposes of section 304(k) of
the Federal Election Campaign Act of 1971 (as added by
subsection (a));
(2) requiring common data formats for the record required
to be maintained under such section 304(k) so that all online
platforms submit and maintain data online in a common, machine-
readable and publicly accessible format; and
(3) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE
ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121) is amended by adding at the end the following new subsection:
``(c) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly.
``(2) Regulations.--Not later than 1 year after the date of
the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 3802 and section
6108(a), is amended by adding at the end the following new subsection:
``(l) Ensuring Display and Sharing of Sponsor Identification in
Online Political Advertisements.--
``(1) Requirement.--Any online platform that displays a
qualified political advertisement (regardless of whether such
qualified political advertisement was purchased directly from
the online platform) shall--
``(A) display with the advertisement a visible
notice identifying the sponsor of the advertisement
(or, if it is not practical for the platform to display
such a notice, a notice that the advertisement is
sponsored by a person other than the platform); and
``(B) ensure that the notice will continue to be
displayed if a viewer of the advertisement shares the
advertisement with others on that platform.
``(2) Safe harbor.--An online platform shall not be treated
as having failed to comply with the requirements of paragraph
(1)(A) for the misidentification of a person as the sponsor of
a the advertisement if--
``(A) the person placing the online advertisement
designated the person displayed in the advertisement as
the sponsor; and
``(B) the online platform relied on such
designation in good faith.
``(3) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning
given such term in subsection (k)(3);
``(B) the term ``qualified political advertisement'
has the meaning given such term in subsection (k)(4);
and
``(C) the term `sponsor' means the person
purchasing the advertisement.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to advertisements displayed on or after the 120-day
period which begins on the date of the enactment of this Act and shall
take effect without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such amendments.
Subtitle C--Spotlight Act
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``Spotlight Act''.
SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL RETURNS OF
CERTAIN ORGANIZATIONS.
(a) Repeal of Regulations.--The final regulations of the Department
of the Treasury relating to guidance under section 6033 regarding the
reporting requirements of exempt organizations (published at 85 Fed.
Reg. 31959 (May 28, 2020)) shall have no force and effect.
(b) Inclusion of Contributor Information.--
(1) Social welfare organizations.--Section 6033(f)(1) of
the Internal Revenue Code of 1986 is amended by inserting
``(5),'' after ``paragraphs''.
(2) Labor organizations and business leagues.--Section 6033
of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the
following new subsection:
``(o) Additional Requirements for Organizations Described in
Subsections (c)(5) and (c)(6) of Section 501.--Every organization which
is described in paragraph (5) or (6) of section 501(c) and which is
subject to the requirements of subsection (a) shall include on the
return required under subsection (a) the information referred to in
subsection (b)(5).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns required to be filed for taxable years
ending after the date of the enactment of this Act.
(c) Modification to Discretionary Exceptions.--Section
6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(B) Discretionary exceptions.--
``(i) In general.--Paragraph (1) shall not
apply to any organization if the Secretary made
a determination under this subparagraph before
July 16, 2018, that such filing is not
necessary to the efficient administration of
the internal revenue laws.
``(ii) Recommendations for other
exceptions.--The Secretary may recommend to
Congress that Congress relieve any organization
required under paragraph (1) to file an
information return from filing such a return if
the Secretary determines that such filing does
not advance a national security, law
enforcement, or tax administration purpose.''.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
SEC. 7001. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 325) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following new section:
``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (e), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (e)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (e), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
paragraph (2), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee (including a position as an employee of the
office of the candidate at any time the candidate held
any Federal, State, or local public office during the
4-year period).
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, unless the person providing the professional
services used a firewall or similar procedure in
accordance with subsection (d). For purposes of this
subparagraph, the term `professional services' includes
any services in support of the candidate's or
committee's campaign activities, including advertising,
message, strategy, policy, polling, allocation of
resources, fundraising, and campaign operations, but
does not include accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or the person or any officer or agent of the
person has had more than incidental discussions about
the candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Use of Firewall as Safe Harbor.--
``(1) No coordination if firewall applies.--A person shall
not be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee in accordance with this section if
the person established and used a firewall or similar procedure
to restrict the sharing of information between individuals who
are employed by or who are serving as agents for the person
making the payment, but only if the firewall or similar
procedures meet the requirements of paragraph (2).
``(2) Requirements described.--The requirements described
in this paragraph with respect to a firewall or similar
procedure are as follows:
``(A) The firewall or procedure is designed and
implemented to prohibit the flow of information between
employees and consultants providing services for the
person paying for the communication and those employees
or consultants providing, or who previously provided,
services to a candidate who is clearly identified in
the communication or an authorized committee of the
candidate, the candidate's opponent or an authorized
committee of the candidate's opponent, or a committee
of a political party.
``(B) The firewall or procedure must be described
in a written policy that is distributed, signed, and
dated by all relevant employees, consultants, and
clients subject to the policy.
``(C) The policy must be preserved and retained by
the person for at least 5 years following any
termination or cessation of representation by
employees, consultants, and clients who are subject to
the policy.
``(D) The policy must prohibit any employees,
consultants, and clients who are subject to the policy
from attending meetings, trainings, or other
discussions where nonpublic plans, projects,
activities, or needs of candidates for election for
Federal office or political committees are discussed.
``(E) The policy must prohibit each owner of an
organization, and each executive, manager, and
supervisor within an organization, from simultaneously
overseeing the work of employees and consultants who
are subject to the firewall or procedure.
``(F) The policy must place restrictions on
internal and external communications, including by
establishing separate emailing lists, for employees,
consultants, and clients who are subject to the
firewall or procedure and those who are not subject to
the firewall or procedure.
``(G) The policy must require the person to
establish separate files, including electronic file
folders--
``(i) for employees, consultants, and
clients who are subject to the firewall or
procedure and to prohibit access to such files
by employees, consultants, and clients who are
not subject to the firewall or procedure; and
``(ii) for employees, consultants, and
clients who are not subject to the firewall or
procedure and to prohibit access to such files
by employees, consultants, and clients who are
subject to the firewall or procedure.
``(H) The person must conduct a training on the
applicable requirements and obligations of this Act and
the policy for all employees, consultants, and clients.
``(3) Exception if information is shared regardless of
firewall.--A person who established and used a firewall or
similar procedure which meets the requirements of paragraph (2)
shall be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee in accordance with this section if
specific information indicates that, notwithstanding the
establishment and use of the firewall or similar procedure,
information about the candidate's or committee's campaign
plans, projects, activities, or needs that is material to the
creation, production, or distribution of the covered
communication was used or conveyed to the person paying for the
communication.
``(4) Use as defense to enforcement action.--If, in a
procedure or action brought by the Commission under section
309, a person who is alleged to have committed a violation of
this Act which involves the making of a contribution which
consists of a payment for a coordinated expenditure raises the
use of a firewall or similar procedure as a defense, the person
shall provide the Commission with--
``(A) a copy of the signed and dated firewall or
procedure policy which applied to the person's
employees, consultants, or clients whose conduct is at
issue in the procedure or action; and
``(B) a sworn, written affidavit of the employees,
consultants, or clients who were subject to the policy
that the terms, conditions, and requirements of the
policy were met.
``(e) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the election of the
candidate, or attacks or opposes the election of an
opponent of the candidate (regardless of whether the
communication expressly advocates the election or
defeat of a candidate or contains the functional
equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate in a general, special, or runoff
election, the 120-day period which ends on the date of
the election; or
``(B) in the case of a communication which refers
to a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(f) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act which involves
the making of a contribution which consists of a payment for a
coordinated expenditure shall be fined an amount equal to the
greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior to
the expiration of the 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth under the heading ``Coordination'' in subpart C
of part 109 of title 11, Code of Federal Regulations)
are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
Subtitle B--Restoring Integrity to America's Elections
SEC. 7101. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 7102. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. The general counsel
shall provide notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to the
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2),
the general counsel shall make a determination as to whether or not
there is probable cause to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and shall promptly submit such
determination to the Commission, and shall include with the
determination a brief stating the position of the general counsel on
the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
determination under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such determination and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly submit such
brief to the Commission upon receipt.
``(C) Upon the expiration of the 30-day period which begins on the
date the general counsel submits the determination to the Commission
under subparagraph (A) (or, if the respondent submits a brief under
subparagraph (B), upon the expiration of the 30-day period which begins
on the date the general counsel submits the respondent's brief to the
Commission under such subparagraph), the general counsel's
determination shall take effect, unless during such 30-day period the
Commission, by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's determination.
If the determination by the general counsel that there is probable
cause to believe that a person has committed, or is about to commit, a
violation of this Act or chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, or if the determination by the general counsel
that there is not probable cause that a person has committed or is
about to commit such a violation is overruled as provided under the
previous sentence, for purposes of this subsection, the Commission
shall be deemed to have determined that there is probable cause that
the person has committed or is about to commit such a violation.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, the person may provide the general counsel
with a written response that no action should be taken
against such person on the basis of the complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party may file a petition with the
United States District Court for the District of Columbia. Any petition
under this subparagraph shall be filed within 60 days after the date on
which the party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission
and who is aggrieved by a failure of the Commission, within one year
after the filing of the complaint, to act on such complaint, may file a
petition with the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's failure to act on the
complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
new regulations on the enforcement process under section 309 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into
account the amendments made by this section.
SEC. 7103. OFFICIAL EXERCISING THE RESPONSIBILITIES OF THE GENERAL
COUNSEL.
Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(f)(1)) is amended by adding at the end the following new
sentence: ``In the event of a vacancy in the position of the General
Counsel, the most senior attorney employed within the Office of the
General Counsel at the time the vacancy arises shall exercise all the
responsibilities of the General Counsel until the vacancy is filled.''.
SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is
amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for
a person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to requests for advisory opinions under section 308
of the Federal Election Campaign Act of 1971 which are made on or after
the date of the enactment of this Act.
SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
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. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN
SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by
striking ``any action instituted under this Act, either (A) by
attorneys'' and inserting ``any action instituted under this Act,
including an action before the Supreme Court of the United States,
either (A) by the General Counsel of the Commission and other
attorneys''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions instituted before, on, or after the date
of the enactment of this Act.
SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and shall ensure
that all such forms (including forms in an electronic format) permit
the person using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER
THE FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after
paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under this
subsection with respect to a violation of this Act unless a complaint
is filed with the Commission with respect to the violation under
paragraph (1), or the Commission responds to information with respect
to the violation which is ascertained in the normal course of carrying
out its supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C.
30145(a)) is amended by striking ``5 years'' and inserting ``10
years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 7110. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, this subtitle and
the amendments made by this subtitle shall take effect and apply on the
date of the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations to carry out
this subtitle and the amendments made by this subtitle.
(b) Transition.--
(1) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to the date of the enactment of this Act,
including any investigation initiated by the Commission prior
to such date or any proceeding (including any enforcement
action) pending as of such date.
(2) Treatment of certain complaints.--If, as of the date of
the enactment of this Act, the General Counsel of the Federal
Election Commission has not made any recommendation to the
Commission under section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109) with respect to a
complaint filed prior to the date of the enactment of this Act,
this subtitle and the amendments made by this subtitle shall
apply with respect to the complaint in the same manner as this
subtitle and the amendments made by this subtitle apply with
respect to a complaint filed on or after the date of the
enactment of this Act.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding To Promote Democracy
PART 1--PAYMENTS AND ALLOCATIONS TO STATES
SEC. 8001. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``Democracy Advancement and Innovation Program'' under which the
Director of the Office of Democracy Advancement and Innovation shall
make allocations to each State for each fiscal year to carry out
democracy promotion activities described in subsection (b).
(b) Democracy Promotion Activities Described.--The democracy
promotion activities described in this subsection are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades to
voting equipment and voter registration systems, securing
voting locations, expanding polling places and the availability
of early and mail voting, recruiting and training nonpartisan
election officials, and promoting cybersecurity.
(2) Activities to ensure equitable access to democracy,
including the following:
(A) Enabling candidates who seek office in the
State to receive payments as participating candidates
under title V of the Federal Election Campaign Act of
1971 (as added by subtitle B), but only if the State
will enable candidates to receive such payments during
an entire election cycle.
(B) Operating a Democracy Credit Program under part
1 of subtitle B, but only if the State will operate the
program during an entire election cycle.
(C) Other activities to ensure equitable access to
democracy, including administering a ranked-choice
voting system and carrying out Congressional
redistricting through independent commissions.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals with
disabilities, racial and language minority groups, individuals
entitled to vote by absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act, and voters residing in
Indian lands.
(c) Permitting States To Retain and Reserve Allocations for Future
Use.--A State may retain and reserve an allocation received for a
fiscal year to carry out democracy promotion activities in any
subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of
the fiscal year, the chief State election official of
the State submits to the Director the State plan
described in section 8002; and
(B) not later than 45 days before the first day of
the fiscal year, the Director, in consultation with the
Election Assistance Commission and the Federal Election
Commission as described in paragraph (3), determines
that the State plan will enable the State to carry out
democracy promotion activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the fiscal
year if, at any time prior to the end of the fiscal year--
(A) the chief State election official of the State
submits a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission and the Federal Election
Commission as described in paragraph (3), determines
that the revised version of the State plan will enable
the State to carry out democracy promotion activities
and approves the plan.
(3) Election assistance commission and federal election
commission consultation.--With respect to a State plan
submitted under paragraph (1) or a revised plan submitted under
paragraph (2)--
(A) the Director shall, prior to making a
determination on approval of the plan, consult with the
Election Assistance Commission with respect to the
proposed State activities described in subsection
(b)(1) and with the Federal Election Commission with
respect to the proposed State activities described in
subsection (b)(2)(A) and (b)(2)(B); and
(B) the Election Assistance Commission and the
Federal Election Commission shall submit to the
Director a written assessment with respect to whether
the proposed activities of the plan satisfy the
requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and the revised plan submitted
under paragraph (2) in consultation with the majority party and
minority party leaders of each house of the State legislature.
(e) State Report on Use of Allocations.--Not later than 90 days
after the last day of a fiscal year for which an allocation was made to
the State under the Program, the chief State election official of the
State shall submit a report to the Director describing how the State
used the allocation, including a description of the democracy promotion
activities the State carried out with the allocation.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of
subsection (d) and revised plans submitted under
paragraph (2) of subsection (d).
(B) The Director's notifications of determinations
with respect to such plans under subsection (d).
(C) Reports submitted by States under subsection
(e).
(2) Redaction.--The Director may redact information
required to be made available under paragraph (1) if the
information would be properly withheld from disclosure under
section 552 of title 5, United States Code, or if the public
disclosure of the information is otherwise prohibited by law.
(g) Effective Date.--This section shall apply with respect to
fiscal year 2025 and each succeeding fiscal year.
SEC. 8002. STATE PLAN.
(a) Contents.--A State plan under this section with respect to a
State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall include
the amount the State intends to allocate to each such activity,
including (if applicable) a specific allocation for--
(A) activities described in subsection 8001(b)(1)
(relating to election administration);
(B) activities described in section 8001(b)(2)(A)
(relating to payments to participating candidates in
the State under title V of the Federal Election
Campaign Act of 1971), together with the information
required under subsection (c);
(C) activities described in section 8001(b)(2)(B)
(relating to the operation of a Democracy Credit
Program under part 1 of subtitle B);
(D) activities described in section 8001(b)(2)(C)
(relating to other activities to ensure equitable
access to democracy); and
(E) activities described in section 8001(b)(3)
(relating to activities to increase access to voting in
elections for Federal office by certain communities).
(4) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(5) A description of the State-based administrative
complaint procedures established for purposes of section
8003(b).
(6) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(4), a
fund described in this subsection with respect to a State is a
fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2), and
which consists of the following amounts:
(A) Amounts appropriated or otherwise made
available by the State for carrying out the democracy
promotion activities for which the payment is made to
the State under the Program.
(B) The payment made to the State under the
Program.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation to
establish the fund described in this subsection, the Director
shall defer disbursement of the payment to such State under the
Program until such time as legislation establishing the fund is
enacted.
(c) Specific Information on Use of Funds To Enable Candidates To
Participate in Matching Funds Program.--If the State plan under this
section includes an allocation for activities described in section
8001(b)(2)(A) (relating to payments to participating candidates in the
State under title V of the Federal Election Campaign Act of 1971), the
State shall include in the plan specific information on how the amount
of the allocation will enable the State to provide for the viable
participation of candidates in the State under such title, including
the assumptions made by the State in determining the amount of the
allocation.
SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION IN
ELECTIONS.
(a) Prohibiting Use of Payments.--A State may not use a payment
made under the Program to carry out any activity which has the purpose
or effect of diminishing the ability of any citizen of the United
States to participate in the electoral process.
(b) State-Based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to
the complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a
statement of the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is
dissatisfied with the final decision under a State-
based administrative complaint procedure under this
subsection may, not later than 60 days after the
decision is made, file a request with the Director to
review the decision.
(B) Action by director.--Upon receiving a request
under subparagraph (A), the Director shall review the
decision and, in accordance with such procedures as the
Director may establish, including procedures to provide
notice and an opportunity for a hearing, may uphold the
decision or reverse the decision and provide an
appropriate remedy.
(C) Public availability of material.--The Director
shall make available on a publicly accessible website
all material relating to a request for review and
determination by the Director under this paragraph,
shall be made available on a publicly accessible
website, except that the Director may redact material
required to be made available under this subparagraph
if the material would be properly withheld from
disclosure under section 552 of title 5, United States
Code, or if the public disclosure of the material is
otherwise prohibited by law.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action
of the Director under subparagraph (B) of paragraph (3)
may file a petition with the United States District
Court for the District of Columbia.
(B) Deadline to file petition.--Any petition under
this subparagraph shall be filed not later than 60 days
after the date of the action taken by the Director
under subparagraph (B) of paragraph (3).
(C) Standard of review.--In any proceeding under
this paragraph, the court shall determine whether the
action of the Director was arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance
with law under section 706 of title 5, United States
Code, and may direct the Office to conform with any
such determination within 30 days.
(c) Action by Attorney General for Declaratory and Injunctive
Relief.--The Attorney General may bring a civil action against any
State in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to enforce subsection (a).
SEC. 8004. AMOUNT OF STATE ALLOCATION.
(a) State-Specific Amount.--The amount of the allocation made to a
State under the Program for a fiscal year shall be equal to the product
of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes of
subsection (a), the ``Congressional district allocation amount'' with
respect to a fiscal year is equal to the quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined by
the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for Allocations;
Notification to States.--Not later than 120 days before the first day
of each fiscal year, the Director--
(1) shall, in accordance with section 8012, determine and
establish the aggregate amount available for allocations to
States under the Program for the fiscal year; and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
(d) Source of Payments.--The amounts used to make allocations and
payments under the Program shall be derived solely from the Trust Fund.
SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.
(a) Direct Payments to States for Certain Activities Under State
Plan.--
(1) Direct payment.--If the approved State plan of a State
includes activities for which allocations are not made under
subsections (b), (c), or (d), upon approving the State plan
under section 8002, the Director shall direct the Secretary of
the Treasury to disburse amounts from the Trust Fund for
payment to the State in the aggregate amount provided under the
plan for such activities.
(2) Timing.--As soon as practicable after the Director
directs the Secretary of the Treasury to disburse amounts for
payment to a State under paragraph (1), the Secretary of the
Treasury shall make the payment to the State under such
paragraph.
(3) Continuing availability of funds after appropriation.--
A payment made to a State under this subsection shall be
available without fiscal year limitation.
(b) Allocation to Election Assistance Commission for Payments to
States for Certain Election Administration Activities.--
(1) Allocation.--If the approved State plan of a State
includes activities described in section 8001(b)(1), upon
approving the State plan under section 8002, the Director shall
direct the Secretary of the Treasury to allocate to the
Election Assistance Commission the amount provided for such
activities under the plan.
(2) Payment to state.--As soon as practicable after
receiving an allocation under paragraph (1) with respect to a
State, the Election Assistance Commission shall make a payment
to the State in the amount of the State's allocation.
(3) Continuing availability of funds after appropriation.--
A payment made to a State by the Election Assistance Commission
under this subsection shall be available without fiscal year
limitation.
(c) Allocation to Federal Election Commission for Payments to
Participating Candidates From State.--If the approved State plan of a
State includes activities described in section 8001(b)(2)(A), relating
to payments to participating candidates in the State under title V of
the Federal Election Campaign Act of 1971, upon approving the State
plan under section 8002, the Director shall direct the Secretary of the
Treasury to allocate to the Federal Election Commission the amount
provided for such activities under the plan.
(d) Allocation to Federal Election Commission for Payments for
Democracy Credit Program.--If the approved State plan of a State
includes activities described in section 8001(b)(2)(B), relating to
payments to the State for the operation of a Democracy Credit Program
under part 1 of subtitle B, upon approving the State plan under section
8002, the Director shall direct the Secretary of the Treasury to
allocate to the Federal Election Commission the amount provided for
such activities under the plan.
(e) Certain Payments Made Directly to Local Election
Administrators.--Under rules established by the Director not later than
270 days after the date of the enactment of this Act, portions of
amounts disbursed to States by the Secretary of the Treasury under
subsection (a) and payments made to States by the Election Assistance
Commission under subsection (b) may be provided directly to local
election administrators carrying out activities in the State plan which
may be carried out with such amounts and payments.
SEC. 8006. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.
(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of Democracy
Advancement and Innovation.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II of
the Executive Schedule.
(4) Removal.--The Director may be removed from office by
the President. If the President removes the Director, the
President shall communicate in writing the reasons for the
removal to both Houses of Congress not later than 30 days
beforehand. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a general
counsel who shall be paid at an annual rate of pay equal to the
annual rate in effect for level III of the Executive Schedule.
In the event of a vacancy in the position of the Director, the
General Counsel shall exercise all the responsibilities of the
Director until such vacancy is filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy Director,
who may be paid at an annual rate of pay equal to the annual
rate in effect for level IV of the Executive Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of such
other staff as the Director considers necessary to carry out
the duties of the Office, except that no such staff may be
compensated at an annual rate exceeding the daily equivalent of
the annual rate of basic pay in effect for grade GS-15 of the
General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission and the Federal Election Commission,
including by holding quarterly meetings of representatives from
such Commissions.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Secretary of the Treasury. The Director
may hold funds in reserve to cover the expenses of the Office
and to preserve the solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held in
2026 and each succeeding regularly scheduled general election
for Federal office thereafter, the Director shall submit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate a report on the activities carried out under the
Program and the amounts deposited into and paid from the Trust
Fund during the two most recent fiscal years.
(e) Coverage Under Inspector General Act of 1978 for Conducting
Audits and Investigations.--
(1) In general.--Section 415(a)(1)(A) of title 5, United
States Code, is amended by inserting ``the Office of Democracy
Advancement and Innovation,'' after ``Election Assistance
Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B)
of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of Democracy Advancement and
Innovation; or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as the
Director considers necessary and appropriate to carry out the
duties of the Office under this Act and the amendments made by
this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the enactment
of this Act, the Director shall promulgate such rules and
regulations as the Director considers necessary and appropriate
to carry out the requirements of this part and the amendments
made by this part.
(3) Comments by the election assistance commission and the
federal election commission.--The Election Assistance
Commission and the Federal Election Assistance shall timely
submit comments with respect to any proposed regulations
promulgated by the Director under this subsection.
(h) Interim Authority Pending Appointment and Confirmation of
Director.--
(1) Authority of director of office of management and
budget.--Notwithstanding subsection (b), during the transition
period, the Director of the Office of Management and Budget is
authorized to perform the functions of the Office under this
title, and shall act for all purposes as, and with the full
powers of, the Director.
(2) Interim administrative services.--
(A) Authority of office of management and budget.--
During the transition period, the Director of the
Office of Management and Budget may provide
administrative services necessary to support the
Office.
(B) Termination of authority; permitting
extension.--The Director of the Office of Management
and Budget shall cease providing interim administrative
services under this paragraph upon the expiration of
the transition period, except that the Director of the
Office of Management and Budget may continue to provide
such services after the expiration of the transition
period if the Director and the Director of the Office
of Management and Budget jointly transmit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and
Administration of the Senate--
(i) a written determination that an orderly
implementation of this title is not feasible by
the expiration of the transition period;
(ii) an explanation of why an extension is
necessary for the orderly implementation of
this title;
(iii) a description of the period during
which the Director of the Office of Management
and Budget shall continue providing services
under the authority of this subparagraph; and
(iv) a description of the steps that will
be taken to ensure an orderly and timely
implementation of this title during the period
described in clause (iii).
(3) Transition period defined.--In this subsection, the
``transition period'' is the period which begins on the date of
the enactment of this Act and ends on the date on which the
Director is appointed and confirmed.
(4) Limit on length of period of interim authorities.--
Notwithstanding any other provision of this subsection, the
Director of the Office of Management and Budget may not
exercise any authority under this subsection after the
expiration of the 24-month period which begins on the date of
the enactment of this Act.
(i) Authorization of Appropriations.--There are authorized to be
appropriated from the Trust Fund such sums as may be necessary to carry
out the activities of the Office for fiscal year 2025 and each
succeeding fiscal year.
PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``State Election Assistance and Innovation Trust
Fund''.
(b) Sense of the Senate Regarding Funding.--It is the sense of the
Senate that--
(1) no taxpayer funds should be used in funding this title;
and
(2) the Trust Fund should consist of--
(A) assessments against certain fines, penalties,
and settlements as a result of corporate malfeasance;
and
(B) any gifts or bequests for deposit into the
Trust Fund.
SEC. 8012. USES OF FUND.
(a) Payments and Allocations Described.--For each fiscal year,
amounts in the Fund shall be used as follows:
(1) Payments to States under the Program, as described in
section 8005(a).
(2) Allocations to the Election Assistance Commission, to
be used for payments for certain election administration
activities, as described in section 8005(b).
(3) Allocations to the Federal Election Commission, to be
used for payments to participating candidates under title V of
the Federal Election Campaign Act of 1971, as described in
section 8005(c).
(4) Allocations to the Federal Election Commission, to be
used for payments to States operating a Democracy Credit
Program under part 1 of subtitle B, as described in section
8005(d).
(b) Determination of Aggregate Amount of State Allocations.--The
Director shall determine and establish the aggregate amount of State
allocations for each fiscal year, taking into account the anticipated
balances of the Trust Fund. In carrying out this subsection, the
Director shall consult with the Federal Election Commission and the
Election Assistance Commission, but shall be solely responsible for
making the final determinations under this subsection.
PART 3--GENERAL PROVISIONS
SEC. 8021. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``election cycle'' means the period beginning
on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on the
date of the next regularly scheduled general election for
Federal office.
(4) The term ``Indian lands'' includes--
(A) Indian country, as defined under section 1151
of title 18, United States Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(5) The term ``Office'' means the Office of Democracy
Advancement and Innovation established under section 8005.
(6) The term ``Program'' means the Democracy Advancement
and Innovation Program established under section 8001.
(7) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(8) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under section
8011.
SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES.
(a) In General.--With respect to the calculation of any period of
time for the purposes of a deadline in this subtitle, the last day of
the period shall be included in such calculation, unless such day is a
Saturday, a Sunday, or a legal public holiday, in which case the period
of such deadline shall be extended until the end of the next day which
is not a Saturday, a Sunday, a legal public holiday.
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day described in
section 6103(a) of title 5, United States Code.
Subtitle B--Elections for House of Representatives
SEC. 8101. SHORT TITLE.
This subtitle may be cited as the ``Government By the People Act of
2023''.
PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM
SEC. 8102. ESTABLISHMENT OF PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a program
under which the Commission shall make payments to States to operate a
credit program which is described in section 8103 during an election
cycle.
(b) Requirements for Program.--A State is eligible to operate a
credit program under this part with respect to an election cycle if,
not later than 120 days before the cycle begins, the State submits to
the Commission a statement containing--
(1) information and assurances that the State will operate
a credit program which contains the elements described in
section 8103(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
8103(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 8103(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
8103(d);
(5) information and assurances that the State will submit
reports as required under section 8104;
(6) information and assurances that, not later than 60 days
before the beginning of the cycle, the State will complete any
actions necessary to operate the program during the cycle; and
(7) such other information and assurances as the Commission
may require.
(c) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 8104(a) with respect to an election
cycle, the Commission shall transmit a payment to the State in
an amount equal to the reasonable costs incurred by the State
in operating the credit program under this part during the
cycle.
(2) Source of funds.--Payments to a State under the program
shall be made using amounts allocated to the Commission for
purposes of making payments under this part with respect to the
State from the State Election Assistance and Innovation Trust
Fund (hereafter referred to as the ``Fund'') under section
8012, in the amount allocated with respect to the State under
section 8005(d).
(3) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to two consecutive
election cycles period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to such cycles is not, or may not be, sufficient
to cover the reasonable costs incurred by the State in
operating the program under this part for such cycles, the
State shall reduce the amount of the credit provided to each
qualified individual by such pro rata amount as may be
necessary to ensure that the reasonable costs incurred by the
State in operating the program will not exceed the amount paid
to the State with respect to such cycles.
(d) Continuing Availability of Funds After Appropriation.--A
payment made to a State under this part shall be available without
fiscal year limitation.
SEC. 8103. CREDIT PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a credit program
operated by a State under this part are as follows:
(A) The State shall provide each qualified
individual upon the individual's request with a credit
worth $25 to be known as a ``Democracy Credit'' during
the election cycle which will be assigned a routing
number and which at the option of the individual will
be provided in either paper or electronic form.
(B) Using the routing number assigned to the
Democracy Credit, the individual may submit the
Democracy Credit in either electronic or paper form to
qualified candidates for election for the office of
Representative in, or Delegate or Resident Commissioner
to, the Congress and allocate such portion of the value
of the Democracy Credit in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the Democracy Credit
to the Commission, the Commission shall pay the
candidate the portion of the value of the Democracy
Credit that the individual allocated to the candidate,
which shall be considered a contribution by the
individual to the candidate for purposes of the Federal
Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to a
State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual
submits a Democracy Credit; and
(C) who is not prohibited under Federal law from
making contributions to candidates for election for
Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission of
a Democracy Credit to a candidate by an individual shall be
treated as a contribution to the candidate by the individual in
the amount of the portion of the value of the Credit that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a credit program under
this part shall permit an individual to revoke a Democracy Credit not
later than 2 days after submitting the Democracy Credit to a candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a credit program under this part
shall establish a commission or designate an existing entity to oversee
and implement the program in the State, except that no such commission
or entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the elements
described in subsection (a), a State operating a credit program under
this part shall carry out a public information campaign to disseminate
awareness of the program among qualified individuals.
(e) No Taxpayer Funds Permitted To Carry Out Program.--No taxpayer
funds shall be used to carry out the credit program under this part.
For purposes of this subsection, the term ``taxpayer funds'' means
revenues received by the Internal Revenue Service from tax liabilities.
SEC. 8104. REPORTS.
(a) State Reports.--Not later than 6 months after each first
election cycle during which the State operates a program under this
part, the State shall submit to the Commission and the Office of
Democracy Advancement and Innovation a report analyzing the operation
and effectiveness of the program during the cycle and including such
other information as the Commission may require.
(b) Study and Report on Impact and Effectiveness of Credit
Programs.--
(1) Study.--The Commission shall conduct a study on the
efficacy of political credit programs, including the program
under this part and other similar programs, in expanding and
diversifying the pool of individuals who participate in the
electoral process, including those who participate as donors
and those who participate as candidates.
(2) Report.--Not later than 1 year after the first election
cycle for which States operate the program under this part, the
Commission shall publish and submit to Congress a report on the
study conducted under paragraph (1).
SEC. 8105. ELECTION CYCLE DEFINED.
In this part, the term ``election cycle'' means the period
beginning on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on the date of
the next regularly scheduled general election for Federal office.
PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under this title
with respect to an election for such office, the candidate shall be
entitled to payments as provided under this title.
``(b) Amount of Payment.--The amount of a payment made under this
title shall be equal to 600 percent of the amount of qualified small
dollar contributions received by the candidate since the most recent
payment made to the candidate under this title during the election
cycle, without regard to whether or not the candidate received any of
the contributions before, during, or after the Small Dollar Democracy
qualifying period applicable to the candidate under section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate amount
of payments made to a participating candidate with respect to an
election cycle under this title may not exceed 50 percent of the
average of the 20 greatest amounts of disbursements made by the
authorized committees of any winning candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress during the most recent election cycle, rounded to the nearest
$100,000.
``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall be used
to make payments under this title. For purposes of this subsection, the
term `taxpayer funds' means revenues received by the Internal Revenue
Service from tax liabilities.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Division Director shall make a payment under
section 501 to a candidate who is certified as a participating
candidate upon receipt from the candidate of a request for a payment
which includes--
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since the
most recent payment made to the candidate under this title
during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the Division
Director may require.
``(b) Restrictions on Submission of Requests.--A candidate may not
submit a request under subsection (a) unless each of the following
applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection (a)(1)
is equal to or greater than $5,000, unless the request is
submitted during the 30-day period which ends on the date of a
general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Division Director shall, in
coordination with the Secretary of the Treasury, take such steps as may
be necessary to ensure that the Secretary is able to make payments
under this section from the Treasury not later than 2 business days
after the receipt of a request submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``(a) Use of Funds for Authorized Campaign Expenditures.--A
candidate shall use payments made under this title, including payments
provided with respect to a previous election cycle which are withheld
from remittance to the Commission in accordance with section 524(a)(2),
only for making direct payments for the receipt of goods and services
which constitute authorized expenditures (as determined in accordance
with title III) in connection with the election cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or
Penalties.--Notwithstanding title III, a candidate may not use payments
made under this title for the payment of expenses incurred in
connection with any action, claim, or other matter before the
Commission or before any court, hearing officer, arbitrator, or other
dispute resolution entity, or for the payment of any fine or civil
monetary penalty.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small dollar
contribution' means, with respect to a candidate and the authorized
committees of a candidate, a contribution that meets the following
requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the
contribution to the candidate or committee by another
person; or
``(ii) received by the candidate or committee with
the knowledge that the contribution was made at the
request, suggestion, or recommendation of another
person.
``(B) In this paragraph--
``(i) the term `person' does not include an
individual (other than an individual described in
section 304(i)(7) of the Federal Election Campaign Act
of 1971), a political committee of a political party,
or any political committee which is not a separate
segregated fund described in section 316(b) of the
Federal Election Campaign Act of 1971 and which does
not make contributions or independent expenditures,
does not engage in lobbying activity under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is
not established by, controlled by, or affiliated with a
registered lobbyist under such Act, an agent of a
registered lobbyist under such Act, or an organization
which retains or employs a registered lobbyist under
such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely
on the grounds that the contribution is made in
response to information provided to the individual
making the contribution by any person, so long as the
candidate or authorized committee does not know the
identity of the person who provided the information to
such individual.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of Democracy Credits.--Any payment received by a
candidate and the authorized committees of a candidate which consists
of a Democracy Credit under the Freedom to Vote Act shall be considered
a qualified small dollar contribution for purposes of this title, so
long as the individual making the payment meets the requirements of
paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a
qualified small dollar contribution to a candidate or
the authorized committees of a candidate with respect
to an election may not make any subsequent contribution
to such candidate or the authorized committees of such
candidate with respect to the election cycle which is
not a qualified small dollar contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during
qualifying period.--Subparagraph (A) does not apply
with respect to a contribution made to a candidate who,
during the Small Dollar Democracy qualifying period
described in section 511(c), submits a statement to the
Commission under section 513(c) to voluntarily withdraw
from participating in the program under this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph (1),
an individual who makes a qualified small dollar contribution
to a candidate or the authorized committees of a candidate with
respect to an election makes a subsequent contribution to such
candidate or the authorized committees of such candidate with
respect to the election which is prohibited under paragraph (1)
because it is not a qualified small dollar contribution, the
candidate may take one of the following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a
subsequent contribution which is not a qualified small
dollar contribution because the contribution fails to
meet the requirements of paragraph (3) of subsection
(a) (relating to the aggregate amount of contributions
made to the candidate or the authorized committees of
the candidate by the individual making the
contribution), the candidate may return an amount equal
to the difference between the amount of the subsequent
contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent
contribution, so long as not later than 2 weeks after
receiving the subsequent contribution, the candidate
remits to the Commission an amount equal to any
payments received by the candidate under this title
which are attributable to the qualified small dollar
contribution made by the individual involved. Such
amount shall be used to supplement the allocation made
to the Commission with respect to candidates from the
State in which the candidate seeks office, as described
in section 541(a).
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection (a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under this
title shall provide the following information in any materials
for the solicitation of contributions, including any internet
site through which individuals may make contributions to the
committee:
``(A) A statement that if the candidate is
certified as a participating candidate under this
title, the candidate will receive matching payments in
an amount which is based on the total amount of
qualified small dollar contributions received.
``(B) A statement that a contribution which meets
the requirements set forth in subsection (a) shall be
treated as a qualified small dollar contribution under
this title.
``(C) A statement that if a contribution is treated
as qualified small dollar contribution under this
title, the individual who makes the contribution may
not make any contribution to the candidate or the
authorized committees of the candidate during the
election cycle which is not a qualified small dollar
contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in
paragraph (1) in the receipt provided under section
512(b)(3) to a person making a qualified small dollar
contribution; or
``(B) by modifying the information it provides to
persons making contributions which is otherwise
required under title III (including information it
provides through the internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress is eligible to be
certified as a participating candidate under this title with respect to
an election if the candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate meet
the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 521;
``(B) if certified, will run only as a
participating candidate for all elections for the
office that such candidate is seeking during that
election cycle; and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(5) The candidate files with the Commission a
certification that the candidate will not use any allocation
from the Fund to directly or indirectly pay salaries, fees,
consulting expenses, or any other compensation for services
rendered to themselves, family members (including spouses as
well as children, parents, siblings, or any of their spouses),
or any entity or organization in which they have an ownership
interest.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a participating
candidate under this title for a general election or a general runoff
election unless the candidate's party nominated the candidate to be
placed on the ballot for the general election or the candidate is
otherwise qualified to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--The term
`Small Dollar Democracy qualifying period' means, with respect to any
candidate for an office, the 180-day period (during the election cycle
for such office) which begins on the date on which the candidate files
a statement of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the date of the
general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions.--A candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress meets the requirement of this section if,
during the Small Dollar Democracy qualifying period described in
section 511(c), each of the following occurs:
``(1) Not fewer than 1,000 individuals make a qualified
small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small Dollar
Contribution.--Each qualified small dollar contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account, or
any other method deemed appropriate by the Division Director;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing the
contributor's name and address; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form) kept
by the candidate for the Commission.
``(c) Verification of Contributions.--
``(1) Procedures.--The Division Director shall establish
procedures for the auditing and verification of the
contributions received and expenditures made by participating
candidates under this title, including procedures for random
audits, to ensure that such contributions and expenditures meet
the requirements of this title.
``(2) Authority of commission to revise procedures.--The
Commission, by a vote of not fewer than four of its members,
may revise the procedures established by the Division Director
under this subsection.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Division Director shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Division Director determines that the
candidate meets such requirements, certify the
candidate as a participating candidate; and
``(C) notify the candidate of the Division
Director's determination.
``(2) Deemed certification for all elections in election
cycle.--If the Division Director certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Division Director shall be
deemed to have certified the candidate as a participating
candidate with respect to all subsequent elections of the
election cycle.
``(3) Authority of commission to reverse determination by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under this
subsection, the Commission, by a vote of not fewer than four of
its members, may review and reverse the determination. If the
Commission reverses the determination, the Commission shall
promptly notify the candidate involved.
``(b) Revocation of Certification.--
``(1) In general.--The Division Director shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification
(other than a candidate certified as a participating
candidate with respect to a primary election who fails
to qualify to appear on the ballot for a subsequent
election in that election cycle);
``(B) a candidate ceases to be a candidate for the
office involved, as determined on the basis of an
official announcement by an authorized committee of the
candidate or on the basis of a reasonable determination
by the Commission; or
``(C) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Division
Director shall revoke a certification under subsection (a) if a
penalty is assessed against the candidate under section 309(d)
with respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under
this title during the remainder of the election cycle
involved; and
``(B) in the case of a candidate whose
certification is revoked pursuant to subparagraph (A)
or subparagraph (C) of paragraph (1)--
``(i) the candidate shall repay to the
Commission an amount equal to the payments
received under this title with respect to the
election cycle involved plus interest (at a
rate determined by the Commission on the basis
of an appropriate annual percentage rate for
the month involved) on any such amount
received, which shall be used by the Commission
to supplement the allocation made to the
Commission with respect to the State in which
the candidate seeks office, as described in
section 541(a); and
``(ii) the candidate may not be certified
as a participating candidate under this title
with respect to the next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Division Director
revokes the certification of an individual as a participating
candidate under this title pursuant to subparagraph (A) or
subparagraph (C) of paragraph (1) a total of 3 times, the
individual may not be certified as a participating candidate
under this title with respect to any subsequent election.
``(5) Authority of commission to reverse revocation by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under this
subsection, the Commission, by a vote of not fewer than four of
its members, may review and reverse the determination. If the
Commission reverses the determination, the Commission shall
promptly notify the candidate involved.
``(c) Voluntary Withdrawal From Participating During Qualifying
Period.--At any time during the Small Dollar Democracy qualifying
period described in section 511(c), a candidate may withdraw from
participation in the program under this title by submitting to the
Commission a statement of withdrawal (without regard to whether or not
the Commission has certified the candidate as a participating candidate
under this title as of the time the candidate submits such statement),
so long as the candidate has not submitted a request for payment under
section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress who is certified under this section as eligible to receive
benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and Expenditures.--Except
as provided in subsection (c), a participating candidate with respect
to an election shall, with respect to all elections occurring during
the election cycle for the office involved, accept no contributions
from any source and make no expenditures from any amounts, other than
the following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established
and maintained by a national or State political party, subject
to the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to the
applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate may
accept from any individual with respect to any election during
the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political
committees, subject to the applicable limitations of section
315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the candidate)
so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle
occurring prior to the candidate's certification as a
participating candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures in connection with
the election cycle involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission, to be used to
supplement the allocation made to the Commission with
respect to the State in which the candidate seeks
office, as described in section 541(a); or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate is
not in violation of such subsection if the aggregate amount of
the prohibited expenditures is less than the amount referred to
in section 512(a)(2) (relating to the total dollar amount of
qualified small dollar contributions which the candidate is
required to obtain) which is applicable to the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous election
may be retained, but only if the candidate places the funds in
escrow and refrains from raising additional funds for or
spending funds from that account during the election cycle in
which a candidate is a participating candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as campaign
surpluses under paragraph (3), and expenditures made shall
count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party in
coordination with a participating candidate shall not be treated as a
contribution to or as an expenditure made by the participating
candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this title
with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election for
which the candidate was not certified as a participating
candidate under this title and the candidate does not terminate
the committee, the candidate shall not be considered to be in
violation of paragraph (1) so long as that joint fundraising
committee does not receive any contributions or make any
disbursements during the election cycle for which the candidate
is certified as a participating candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance, maintain,
or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate under
this title and the candidate does not terminate the leadership
PAC, the candidate shall not be considered to be in violation
of paragraph (1) so long as the leadership PAC does not receive
any contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted Contributions.--
Each authorized committee of a candidate certified as a participating
candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title shall,
in accordance with section 304(b)(3)(A), include in the reports
the committee submits under section 304 the identification of
each person who makes a qualified small dollar contribution to
the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on the
internet (whether through a site established for purposes of
this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically with
the Commission) in a searchable, sortable, and downloadable
manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF MATCHING FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An authorized
committee of a candidate certified as a participating candidate under
this title may not make any expenditure of any payments received under
this title in any amount unless the committee has made an expenditure
in an equivalent amount of funds received by the committee which are
described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in such
subsection are available to the committee at the time the committee
makes an expenditure of a payment received under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--Not later than the date that is 180
days after the last election for which a candidate certified as a
participating candidate qualifies to be on the ballot during the
election cycle involved, such participating candidate shall remit to
the Commission an amount equal to the balance of the payments received
under this title by the authorized committees of the candidate which
remain unexpended as of such date, which shall be used to supplement
the allocation made to the Commission with respect to the State in
which the candidate seeks office, as described in section 541(a).
``(b) Permitting Candidates Participating in Next Election Cycle To
Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a
participating candidate may withhold not more than $100,000 from the
amount required to be remitted under subsection (a) if the candidate
files a signed affidavit with the Commission that the candidate will
seek certification as a participating candidate with respect to the
next election cycle, except that the candidate may not use any portion
of the amount withheld until the candidate is certified as a
participating candidate with respect to that next election cycle. If
the candidate fails to seek certification as a participating candidate
prior to the last day of the Small Dollar Democracy qualifying period
for the next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's determination
does not meet the requirements for certification as a participating
candidate with respect to such cycle, the candidate shall immediately
remit to the Commission the amount withheld.
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Division Director shall make an
additional payment to an eligible candidate under this subtitle.
``(b) Use of Funds.--A candidate shall use the additional payment
under this subtitle only for authorized expenditures in connection with
the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an additional
payment under this subtitle if the candidate meets each of the
following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Division Director a request for the
payment which includes--
``(A) a statement of the number and amount of
qualified small dollar contributions received by the
candidate during the enhanced support qualifying
period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the
request; and
``(C) such other information and assurances as the
Division Director may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In this
subtitle, the term `enhanced support qualifying period' means, with
respect to a general election, the period which begins 60 days before
the date of the election and ends 14 days before the date of the
election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of the
additional payment made to an eligible candidate under this subtitle
shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the request
submitted by the candidate under section 532(a)(4)); or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate has
reached the limit on the aggregate amount of payments under
subtitle A for the election cycle under section 501(c), the
amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment determined under
subsection (a) with respect to a candidate may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the additional
payment made to a candidate under this subtitle shall not be included
in determining the aggregate amount of payments made to a participating
candidate with respect to an election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS
AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who receives an
additional payment under this subtitle with respect to an election is
not permitted to withhold any portion from the amount of unspent funds
the candidate is required to remit to the Commission under section
524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. SOURCE OF PAYMENTS.
``(a) Allocations From State Election Assistance and Innovation
Trust Fund.--The amounts used to make payments to participating
candidates under this title who seek office in a State shall be derived
from the allocations made to the Commission with respect to the State
from the State Election Assistance and Innovation Trust Fund (hereafter
referred to as the `Fund') under section 8012 of the Freedom to Vote
Act, as provided under section 8005(c) of such Act.
``(b) Use of Allocations To Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--The
allocations made to the Commission as described in subsection
(a) shall be available without further appropriation or fiscal
year limitation to make payments to participating candidates as
provided in this title.
``(2) Ongoing review to determine sufficiency of state
allocations.--
``(A) Ongoing review.--Not later than 90 days
before the first day of each election cycle (beginning
with the first election cycle that begins after the
date of the enactment of this title), and on an ongoing
basis until the end of the election cycle, the Division
Director, in consultation with the Director of the
Office of Democracy Advancement and Innovation, shall
determine whether the amount of the allocation made to
the Commission with respect to candidates who seek
office in a State as described in subsection (a) will
be sufficient to make payments to participating
candidates in the State in the amounts provided in this
title during such election cycle.
``(B) Opportunity for state to increase
allocation.--If, at any time the Division Director
determines under subparagraph (A) that the amount
anticipated to be available in the Fund for payments to
participating candidates in a State with respect to the
election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of
participating candidates in the State to payments under
this title for such election cycle--
``(i) the Division Director shall notify
the State and Congress; and
``(ii) the State may direct the Director of
the Office of Democracy Advancement and
Innovation to direct the Secretary of the
Treasury to use the funds described in
subparagraph (C), in such amounts as the State
may direct, as an additional allocation to the
Commission with respect to the State for
purposes of subsection (a), in accordance with
section 8012 of the Freedom to Vote Act.
``(C) Funds described.--The funds described in this
subparagraph are funds which were allocated to the
State under the Democracy Advancement and Innovation
Program under subtitle A of title VIII of the Freedom
to Vote Act which, under the State plan under section
8002 of such Act, were to be used for democracy
promotion activities described in paragraph (1),
(2)(B), (2)(C), or (3) of section 8001(b) of such Act
but which remain unobligated.
``(3) Elimination of limit of amount of qualified small
donor contributions.--
``(A) Elimination of limit.--If, after notifying
the State under paragraph (2)(B)(i) and (if the State
so elects) the State directs under paragraph (2)(B)(ii)
an additional allocation to the Commission as provided
under such subparagraph, the Division Director
determines under paragraph (2)(A) that the amount
anticipated to be available in the Fund (after such
additional allocation) for payments to participating
candidates in the State with respect to the election
cycle involved is still not, or may still not be,
sufficient to satisfy the full entitlements of
participating candidates in the State to payments under
this title for such election cycle, the limit on the
amount of a qualified small donor contribution under
section 504(a)(1)(B) shall not apply with respect to a
participating candidate in the State under this title.
Nothing in this subparagraph may be construed to waive
the limit on the aggregate amount of contributions a
participating candidate may accept from any individual
under section 521(a)(5).
``(B) Determination of amount of payment to
candidate.--In determining under section 501(b) the
amount of the payment made to a participating candidate
for whom the limit on the amount of a qualified small
donor contribution does not apply pursuant to
subparagraph (A), there shall be excluded any qualified
small donor contribution to the extent that the amount
contributed by the individual involved exceeds the
limit on the amount of such a contribution under
section 504(a)(1)(B).
``(C) No use of amounts from other sources.--In any
case in which the Division Director determines that the
allocation made to the Commission with respect to
candidates in a State as described in subsection (a) is
insufficient to make payments to participating
candidates in the State under this title (taking into
account any increase in the allocation under paragraph
(2)), moneys shall not be made available from any other
source for the purpose of making such payments.
``(c) Effective Date.--This section shall take effect on the date
of the enactment of this title, without regard to whether or not
regulations have been promulgated to carry out this section.
``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN
COMMISSION.
``(a) Administration Through Dedicated Division.--
``(1) Establishment.--The Commission shall establish a
separate division within the Commission which is dedicated to
issuing regulations to carry out this title and to otherwise
carrying out the operation of this title.
``(2) Appointment of director and staff.--
``(A) Appointment.--Not later than June 1, 2024,
the Commission shall appoint a director to head the
division established under this section (to be known as
the `Division Director') and such other staff as the
Commission considers appropriate to enable the division
to carry out its duties.
``(B) Role of general counsel.--If, at any time
after the date referred to in subparagraph (A), there
is a vacancy in the position of the Division Director,
the General Counsel of the Commission shall serve as
the acting Division Director until the Commission
appoints a Division Director under this paragraph.
``(3) Private right of action.--Any person aggrieved by the
failure of the Commission to meet the requirements of this
subsection may file an action in an appropriate district court
of the United States for such relief, including declaratory and
injunctive relief, as may be appropriate.
``(b) Regulations.--Not later than the deadline set forth in
section 8114 of the Freedom to Vote Act, the Commission, acting through
the dedicated division established under this section, shall prescribe
regulations to carry out the purposes of this title, including
regulations--
``(1) to establish procedures for verifying the amount of
qualified small dollar contributions with respect to a
candidate;
``(2) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the raising
of qualified small dollar contributions;
``(3) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the use of
personal funds by participating candidates;
``(4) to establish procedures for monitoring the use of
payments made from the allocation made to the Commission as
described in section 541(a) and matching contributions under
this title through audits of not fewer than \1/10\ (or, in the
case of the first 3 election cycles during which the program
under this title is in effect, not fewer than \1/3\) of all
participating candidates or other mechanisms;
``(5) to establish procedures for carrying out audits under
section 541(b) and permitting States to make additional
allocations as provided under section 541(b)(2)(B); and
``(6) to establish rules for preventing fraud in the
operation of this title which supplement similar rules which
apply under this Act.
``SEC. 543. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission may assess a civil penalty
against the candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts collected under
this subsection shall be used to supplement the allocation made to the
Commission with respect to the State in which the candidate seeks
office, as described in section 541(a).
``(b) Repayment for Improper Use of Payments.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds contained
in this title, the Commission shall so notify the candidate and
the candidate shall pay to the Commission an amount which shall
be used to supplement the allocation made to the Commission
with respect to the State in which the candidate seeks office,
as described in section 541(a) and which shall be equal to--
``(A) the amount of payments so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under subsection
(a) against a candidate (with respect to either a single
election or multiple elections), the Commission may refuse to
certify the candidate as a participating candidate under this
title with respect to any subsequent election, except that if
each of the penalties were assessed as the result of a knowing
and willful violation of any provision of this Act, the
candidate is not eligible to be certified as a participating
candidate under this title with respect to any subsequent
election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``(d) Imposition of Criminal Penalties.--For criminal penalties for
the failure of a participating candidate to comply with the
requirements of this title, see section 309(d).
``SEC. 544. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2028, section
315(c)(1)(B) shall apply to each amount described in subsection (b) in
the same manner as such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such
section, except that for purposes of applying such section to the
amounts described in subsection (b), the `base period' shall be 2028.
``(b) Amounts Described.--The amounts described in this subsection
are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by a
candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may retain
for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 545. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to
an election for an office, the period beginning on the day after the
date of the most recent general election for that office (or, if the
general election resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election for that
office (or, if the general election resulted in a runoff election, the
date of the runoff election).
``SEC. 546. DIVISION DIRECTOR DEFINED.
``In this title, the term `Division Director' means the individual
serving as the director of the division established under section
542.''.
SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND
POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING
CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section 315(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is
amended by adding at the end the following new paragraph:
``(10) In the case of a multicandidate political committee or any
political committee of a political party, the committee may make a
contribution to a candidate who is a participating candidate under
title V with respect to an election only if the contribution is paid
from a separate, segregated account of the committee which consists
solely of contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From Small Dollar
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in the
case of expenditures in connection with the general election campaign
of a candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress who is a participating candidate
under title V with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(10); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3),
or (4) of subsection (a), if a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under title V with
respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office, subject to section 503(b).''.
SEC. 8114. DEADLINE FOR REGULATIONS; EFFECTIVE DATE.
(a) In General.--Not later than October 1, 2024, the Federal
Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
(b) Effective Date.--This part and the amendments made by this part
shall take effect on October 1, 2024, without regard to whether the
Commission has promulgated the regulations required under subsection
(a) by such date.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help America
Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to privilege
the independently wealthy who want to run, because given the
demands of running for office, candidates who must work to pay
for childcare or to afford health insurance are effectively
being left out of the process, even if they have sufficient
support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans who
have firsthand knowledge of the importance of stable childcare,
a safety net, or great public schools are less likely to get a
seat at the table. This governance by the few is antithetical
to the democratic experiment, but most importantly, when
lawmakers do not share the concerns of everyday Americans,
their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York Times
reported in 2019 that fewer than 5 percent of representatives
cite blue-collar or service jobs in their biographies. A 2020
analysis by OpenSecrets of lawmakers' personal financial
disclosure statements showed that the median net worth of
lawmakers was just over $1,000,000, or nearly 9 times the
median net worth of American families.
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves. For
instance, women are 51 percent of the American population. Yet
even with a record number of women serving in the One Hundred
Eighteenth Congress, the Pew Research Center notes that nearly
three out of four Members of this Congress are male. The Center
for American Women and Politics found that one third of women
legislators surveyed had been actively discouraged from running
for office, often by political professionals. This type of
discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens that
still fall disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived experience
of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as prospective
public servants. In fact, helping ordinary Americans to run may
create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure that all
Americans who are otherwise qualified to serve this Nation are able to
run for office, regardless of their economic status. By expanding
permissible uses of campaign funds and providing modest assurance that
testing a run for office will not cost one's livelihood, the Help
America Run Act will facilitate the candidacy of representatives who
more accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 8202. TREATMENT OF PAYMENTS FOR CHILDCARE AND OTHER PERSONAL USE
SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.
(a) Personal Use Services as Authorized Campaign Expenditure.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 8113, is amended by adding at the end the
following new subsection:
``(e) Treatment of Payments for Childcare and Other Personal Use
Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate for
any of the personal use services described in paragraph (3)
shall be treated as an authorized expenditure if the services
are necessary to enable the participation of the candidate in
campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total
amount of payments made by an authorized committee of a
candidate for personal use services described in
paragraph (3) may not exceed the limit which is
applicable under any law, rule, or regulation on the
amount of payments which may be made by the committee
for the salary of the candidate (without regard to
whether or not the committee makes payments to the
candidate for that purpose).
``(B) Corresponding reduction in amount of salary
paid to candidate.--To the extent that an authorized
committee of a candidate makes payments for the salary
of the candidate, any limit on the amount of such
payments which is applicable under any law, rule, or
regulation shall be reduced by the amount of any
payments made to or on behalf of the candidate for
personal use services described in paragraph (3), other
than personal use services described in subparagraph
(D) of such paragraph.
``(C) Exclusion of candidates who are
officeholders.--Paragraph (1) does not apply with
respect to an authorized committee of a candidate who
is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Childcare services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided
on behalf of any dependent who is a qualifying relative
under section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
Subtitle D--Empowering Small Dollar Donations
SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED
SUPPORT FOR HOUSE CANDIDATES THROUGH USE OF SEPARATE
SMALL DOLLAR ACCOUNTS.
(a) Increase in Limit on Contributions to Candidates.--Section
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting
``exceed $5,000 or, in the case of a contribution made by a national
committee of a political party from an account described in paragraph
(11), exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--Section
315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking
``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection
(a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52 U.S.C.
30116(a)), as amended by section 8112(a), is amended by adding at the
end the following new paragraph:
``(11) An account described in this paragraph is a separate,
segregated account of a national congressional campaign committee of a
political party which--
``(A) supports only candidates for election for the office
of Representative in, or Delegate or Resident Commissioner to,
the Congress; and
``(B) consists exclusively of contributions made during a
calendar year by individuals whose aggregate contributions to
the committee during the year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act and shall take effect without regard to whether
or not the Federal Election Commission has promulgated regulations to
carry out such amendments.
Subtitle E--Severability
SEC. 8401. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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