H.R. 4563 — what changed
American Confidence in Elections Act
From Introduced in House to Reported in House. 46 sections amended and 1 added between Introduced in House and Reported in House.
Sec. 3 General findings
Congress finds the following:
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According to article Article 1, section Section 4 of the Constitution of the United States, the States have the primary role in establishing “(t)he Times, Places and Manners Manner of holding Elections for Senators and Representatives”, while Congress has a purely secondary role in this space and must restrain itself from acting improperly and unconstitutionally.
Federal election legislation should never be the first step and must never impose burdensome, unfunded Federal mandates on State and local elections officials. When Congress does speak, it must devote its efforts only to resolving highly significant and substantial deficiencies to ensure the integrity of our elections. State legislatures are the primary venues to establish rules for governing elections and correct most issues.
All eligible American voters who wish to participate must have the opportunity to vote, and all lawful votes must be counted.
States must balance appropriate election administration structures and systems with accessible access to the ballot box.
Political speech is protected speech.
The First Amendment protects the right of all Americans to state their political views and donate money to the candidates, causes, and organizations of their choice without fear of retribution.
Redistricting decisions are best made at the State level.
States must maintain the flexibility to determine the best redistricting processes for the particular needs of their citizens.
Congress has independent authority under the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to ensure elections are conducted without unlawful discrimination.
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The Civil Rights Act and the Voting Rights Act, which are not anchored in article Article 1, section Section 4 of the Constitution, have seen much success since their passage in 1964 and 1965, and Congress should continue to exercise its constitutional authority in this space as appropriate.
Sec. 101 Findings Relating to State Administration of Federal Elections
Sense of Congress— It is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause.
Findings— Congress finds the following:
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The Constitution reserves to the States the primary authority and the duty to set election legislation and administer elections—the “times, places, places and manner of holding of elections”—and Congress’ power in this space is purely secondary to the States’ power and is to be employed only in the direst of circumstances. History, precedent, the Framers’ words, debates concerning ratification, the Supreme Court, and the Constitution itself make it exceedingly clear that Congress’ power over elections is not unfettered.
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The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal government, Government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal government Government unable to respond.
Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: “T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.”. Alexander Hamilton (writing as Publius), Federalist no. 59, Concerning the Power of Congress to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 22, 1788).
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When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article Article 1, section Section 4. (“[C]onvention delegate James McHenry added that the risk to the federal government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election.”); (“An occasion may arise when the exercise of this ultimate power of Congress may be necessary . . . if a state should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other states, during the [Revolutionary] war).”); (“Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government.”). See Robert G. Natelson, The Original Scope of the Congressional Power to Regulate Elections, 13 U. PA. J. CONST. L. 1, 12–13 (Nov. 2010).
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John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, “Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a “sinister purpose” or to injure the general government.” Cementing his point, Hanson goes further to decree, “The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason.”. Alexander Contee Hanson (writing as Astrides), Remarks on the Proposed Plan: 31 January, reprinted in John P. Kaminski, Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries on the Constitution, public and private 18 December 1787 to 31 January 1788, 1788 522–26 (1984).
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In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it elections— it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required.
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Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, “[l]eading Federalists . . .” Federalists...” assured them “. . . that, “...that, even without amendment, the [Elections] Clause should be construed as limited to emergencies”. Three States, New York, North Carolina, and Rhode Island, specifically made their ratification contingent on this understanding being made express. Ratification of the Constitution by the State of New York (July 26, 1788) (“Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence . . . that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises”); Ratification of the Constitution by the State of North Carolina (Nov. 21, 1789) (“That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same.”); Ratification of the Constitution by the State of Rhode Island (May 29, 1790) (“Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence . . . That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this state shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.]”).
Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States.
This understanding was also reinforced by debate during the first Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies.
History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited.
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Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 1774 - 1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections.
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Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that article Article 1, section Section 4 of the Constitution reserved to the States the primary “. . . authority “...authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of “times, places and manner of holding elections”, and involves lawmaking in its essential features and most important aspect.”. Smiley v. Holm, 285 U.S. 355, 366 (1932).
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This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to “. . . supplement “...supplement these state regulations or [to] substitute its own[]”, such authority remains merely “a general supervisory power over the whole subject.”. Id.
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More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that “[t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress.”. Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The Court explained that the Elections Clause “. . . imposes “...imposes [upon the States] the duty . . . to duty...to prescribe the time, place, and manner of electing Representatives and Senators[.]”. Id. at 8. And, while, as the Court noted, “[t]he power of Congress over the “Times, Places, and Manner” of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith[]”, Id. id. at 9, the Inter-Tribal Court explained, quoting extensively from the Federalist no. 59, that it was clear that the congressional fail-safe included in the Elections Clause was intended for the sorts of governmental self-preservation discussed here: “[E]very government ought to contain in itself the means of its own preservation[.]”; “[A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs.”. Id. at 8.
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It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the “Times, Places and Manner of Election” Holding Elections” that the Constitution clearly reserves to the States.
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Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our Nation’s nation’s elections.
Sec. 112 Findings
Congress finds the following:
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The United States Constitution reserves to the states States the primary duty and authority to establish election law and to administer of Federal elections. See article I, section 4, clause 1 of the Constitution of the United States.
Under America’s decentralized election system, there is not a one-size-fits-all approach to how elections are administered.
Each State should be afforded the flexibility to implement election administration processes and procedures that are most beneficial in meeting the needs of its voters and ensuring that its elections are free, fair, and secure.
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The Federal government Government is in a position to provide States with voluntary tools to improve election integrity and voter confidence, as well as removing to remove Federal impediments that hinder State efforts.
The Election Assistance Commission (EAC) was established to assist States in the administration of Federal elections. One of its core missions is to serve as a clearinghouse for election administration information and to provide a forum for States to discuss and exchange ideas on issues related to the administration of Federal elections, including practices, processes, and procedures.
The EAC’s Standards Board and Local Leadership Council are advisory boards with State and local election official membership from all fifty States and territories and are best suited to develop voluntary considerations for various election administration practices, processes, and procedures.
Sec. 113 Election integrity voluntary considerations and Federal forum for State information sharing
In general— Subtitle C of title II of the Help America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended—
by redesignating section 247 as section 248; and
by inserting after section 246 the following new section:
“247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration
“(a) In general—The Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office.
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“(b) Matters To to consider—In releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories:
“(1) The process for the administration of ballots delivered by mail, including—
“(A) deadlines for the return and receipt of such ballots to the appropriate election official;
“(B) the design of such ballots, including the envelopes used to deliver the ballots;
“(C) the process for requesting and tracking the return of such ballots;
“(D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and
“(E) voter identity verification procedures, including signature matching or verification.
“(2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature.
“(3) The processes used to carry out maintenance of the official list of persons registered to vote in each State.
“(4) Rules and requirements with respect to the access provided to election observers.
“(5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting.
“(6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency.
“(7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to—
“(A) how such machines and technology are tested for accuracy, logic, and security; and
“(B) the connectivity to the public internet of such machines and technology.
“(8) The processes and procedures used to carry out a post-election audit.
“(9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment.
“(10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections.
“(11) The conduct of independent post-election audits.
“(12) Transparency in the election and voting process.
“(13) Accountability measures to ensure compliance by election administrators with applicable law.
“(c) Release of voluntary considerations
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“(1) Deadline for release—Not later than 12 months after the date of the enactment of the ACE American Confidence in Elections Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b).
“(2) Transmission and notification requirements—Not later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall—
“(A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections;
“(B) make the considerations available on a publicly accessible Government website; and
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“(C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, Senate or their successor committees, and the chairs and ranking minority members of other relevant committees of Congress.
“(d) Use of requirements payments for implementation of voluntary considerations—A State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a).
“(e) Rule of construction—Nothing in this section may be construed—
“(1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or
“(2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act.”
Clerical amendment— The table of contents of such Act is amended—
by redesignating the item relating to section 247 as relating to section 248; and
by inserting after the item relating to section 246 the following new item:
Sec. 121 Ensuring only eligible American citizens may participate in Federal elections
Short title— This section may be cited as the “Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023” or the “NO VOTE for Non-Citizens Act of 2023”.
Findings; Sense of Congress—
Findings— Congress finds the following:
Every eligible American citizen who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted.
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Congress has long required States to maintain Federal voter registration lists of eligible voters in Federal elections in a manner that promotes voter confidence.
The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority.
The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections.
Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld.
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Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on lists of eligible voters in Federal voter registration lists.elections.
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Improper placement of an ineligible non-citizen on a Federal voter registration list of eligible voters in Federal elections leads to—
confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and
an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections.
State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections.
A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount.
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This clarification of State authority to maintain Federal voter registration lists of eligible voters in Federal elections to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes.
Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election.
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Federal courts and executive agencies have much of the information States may need to maintain their lists of eligible voters in Federal voter registration lists, elections, and those entities should make that information accessible to State election authorities.
It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election.
To protect the confidence of voters in Federal elections, it is important to implement the policy described herein.
Sense of Congress— It is the sense of Congress that—
many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) and should strive to audit and update their voter registration rolls on a routine basis;
allowing non-citizens to cast ballots in American elections weakens our electoral system, directly and indirectly impacts Federal policy and funding decisions and candidate choice through the election of State and local officials, dilutes the value of citizenship, and sows distrust in our elections system;
even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections;
States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and
Congress may take further action in the future to address this problem.
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Clarifying authority of States To to remove noncitizens from voting rolls—
Authority under regular removal programs— Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended—
by striking “or” at the end of subparagraph (A);
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following new subparagraph:
“(B) the registrant’s status as a noncitizen of the United States; or”
Conforming amendment relating to ongoing removal— Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking “(4)(A)” and inserting “(4)(A) or (B)”.
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Requirement To to maintain separate State voter registration list for noncitizens— Section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)) is amended—
in paragraph (5)(B), by striking “and” at the end;
in paragraph (6), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States.”
Requirements for ballots for State or local jurisdictions that allow noncitizen voting— Section 301(a)(1) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the following new subparagraph:
“(D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote.”
Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting—
In general— Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section:
“907. Reduction in payments to States or local jurisdictions that allow noncitizen voting
“(a) In general—Notwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent.
“(b) Prohibition on use of funds for certain election administration activities—Notwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(7)) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.”
Clerical amendment— The table of contents of such Act is amended by adding at the end the following new item:
Promoting provision of information by Federal entities—
In general—
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Requirement— Each entity of the Federal government Government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official.
Prohibiting fees— The head of an entity described in subparagraph (A) may not charge a fee for responding to an election official’s request under such subparagraph.
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Policies and procedures— Consistent with section 3506(g) of title 44, United States Code, an entity of the Federal government Government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis.
Conforming amendment relating to coverage under Privacy Act— Section 552a(b) of title 5, United States Code, is amended—
by striking “or” at the end of paragraph (11);
by striking the period at the end of paragraph (12) and inserting “; or”; and
by adding at the end the following new paragraph:
“(13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act.”
Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship—
Requirement described— If a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal—
to the chief State election official of the State in which the individual resides; and
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to the Attorney General.General of the United States.
Definitions— For purposes of this subsection—
the “chief State election official” of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act; and
the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141), as amended by section 138.
Prohibition on voting by noncitizens in Federal elections—
In general— Section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) is amended—
by striking “A person” and inserting “(a) In general.—A person”; and
by adding at the end the following new subsection:
“(b) Prohibition on voting by aliens
“(1) In general—It shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code.
“(2) Penalties—Any person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.”
Effective date— This subsection and the amendments made by this subsection shall apply with respect to elections held after the date of the enactment of this Act.
Sec. 124 Provision of photographic citizen voter identification tools for State use
Short title— This section may be cited as the “Citizen Vote Protection Act”.
Findings; Sense of Congress—
Findings— Congress finds the following:
Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals.
As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), “[v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights”.
As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”.
The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be “modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.”.
Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that “[t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes”.
Photographic voter identification is important for ensuring voter confidence in election processes and outcomes.
Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment.
The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections.
Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld.
Sense of Congress— It is the sense of Congress that—
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the States should implement the substance of the recommendation of the Carter-Baker Commission that, “[t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states States [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005”; and
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a standard State photo identification document, when required for voting purposes, should be available at no cost.cost to individuals who cannot afford the cost of obtaining such document.
REAL ID Act Amendment—
Amendment— Section 202(b) of the Real ID Act of 2005 (49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph:
“(10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.”
Applicability— The amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date.
Rule of construction— Nothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card.
Sec. 125 Mandatory provision of identification for certain voters not voting in person
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Requiring voters To to provide identification— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—
by redesignating sections 304 and 305 as sections 305 and 306; and
by inserting after section 303 the following new section:
“304. Mandatory provision of identification for certain voters who vote by mail
“(a) Finding of Constitutional authority—Congress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service.
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“(b) Requiring provision of identification To to receive a ballot or vote in certain cases
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“(1) Individuals requesting a ballot to vote by mail—Notwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated State-designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3).
“(2) Individuals voting by mail in certain cases
“(A) In general—Notwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3).
“(B) Fail-safe voting—An individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a).
“(3) Identification described—An identification described in this paragraph is, with respect to an individual—
“(A) a current and valid photo identification of the individual;
“(B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual;
“(C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State;
“(D) the last 4 digits of the individual's social security number; or
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“(E) such other documentation issued by the Federal Government or by a Federal, State, local, or local Tribal government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual.
“(c) Exceptions—This section does not apply with respect to any individual who is—
“(1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.);
“(2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or
“(3) entitled to vote otherwise than in person under any other Federal law.
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“(d) Rule of construction—Nothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section.construed—
added “(1) as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section; or
added “(2) as affecting the authority of a State to require notarization or witness signature or other formal authentication as a condition of obtaining or casting an absentee ballot.
“(e) Effective date—This section shall take effect on January 1, 2025.”
Conforming amendments relating to existing identification requirements—
Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements— Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking “by mail” and inserting “by mail or otherwise not in person at an elections office or voter registration agency of the State”.
Exceptions— Section 303(b)(3) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(3)) is amended—
in subparagraph (A), by striking “by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)” and inserting “by mail under section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) or otherwise not in person at a voter registration agency of the State”; and
in subparagraph (B)(i), by striking “by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)” and inserting “by mail under section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) or otherwise not in person at a voter registration agency of the State”.
Expansion of types of identification permitted— Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended—
in clause (i)—
in subclause (I), by striking “or” at the end; and
by adding at the end the following new subclause:
“(III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual; or”
in clause (ii)—
in subclause (I), by striking “or” at the end;
in subclause (II), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subclause:
“(III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual.”
Conforming amendment relating to enforcement— Section 401 of such Act (52 U.S.C. 21111) is amended by striking “and 303” and inserting “303, and 304”.
Clerical amendment— The table of contents of such Act is amended—
by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and
by inserting after the item relating to section 303 the following:
Sec. 126 Confirming access for congressional election observers
Short title— This section may be cited as the “Confirmation of Congressional Observer Access Act of 2023” or the “COCOA Act of 2023”.
Findings relating to Congressional election observers— Congress finds the following:
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The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”.
While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect.
These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act.
In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives.
For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories.
These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons.
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This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional congressional authority and activity.
Confirming requirement that States provide access— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 125(a), is amended—
by redesignating sections 305 and 306 as sections 306 and 307; and
by inserting after section 304 the following new section:
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“305. Confirming access for Congressional congressional election observers
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“(a) Finding of Constitutional authority—Congress finds that it has the authority to require that States allow access to designated Congressional congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members.
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“(b) Requiring States To to provide access—A State shall provide each individual who is a designated Congressional congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), non voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process.
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“(c) Designated Congressional congressional election observer described—In this section, a “designated Congressional congressional election observer” is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States.”
Conforming amendment relating to enforcement— Section 401 of such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by striking “and 304” and inserting “304, and 305”.
Clerical amendment— The table of contents of such Act, as amended by section 125(d), is amended—
by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and
by inserting after the item relating to section 304 the following:
Sec. 127 Use of requirements payments for post-election audits
Permitting use of payments for audits— Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)(1)) is amended by inserting “, including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election, but only if the audit meets the requirements of paragraph (4)” after “requirements of title III”.
Requirements for audits— Section 251(b) of such Act (52 U.S.C. 21001(b)) is amended by adding at the end the following new paragraph:
“(4) Requirements for audits conducted with requirements payments—An audit described in paragraph (1) meets the requirements of this paragraph if—
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“(A) no individual who participates in conducting the audit is an employee or contractor of an office of the State or local government which is responsible for the administration of elections for Federal office or of a subsidiary or affiliate of such an office; orand
“(B) the audit includes an examination of compliance with established processes for voter registration, voter check-in, voting, tabulation, canvassing, post-election proceedings (such as recounts and recanvasses), and reporting of results.”
Sense of Congress regarding timing of audits— It is the sense of Congress that post-election audits of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in a State and the performance of the State and local election officials who carried out the election are most effective when the audits are completed before the expiration of the period during which persons are authorized under State law to challenge the results of the election.
Sec. 131 501(c)(3) organizations prohibited from providing direct or indirect funding for election administration
Short title— This section may be cited as the “End Zuckerbucks Act of 2023”.
In general— Section 501(c)(3) of the Internal Revenue Code of 1986 is amended—
by striking “and which does not participate” and inserting “which does not participate”, and
by striking the period at the end and inserting “and which does not provide direct funding to any State or unit of local government for the purpose of the administration of elections for public office or any funding to any State or unit of local government in a case in which it is reasonable to expect such funding will be used for the purpose of the administration of elections for public office (except with respect to the donation of space to a State or unit of local government to be used as a polling place in an election for public office).”.
added
Rule of construction— Nothing in the amendments made by subsection (b) shall be construed to prevent a house of worship, community center, or similar facility from serving as a polling place in an election for public office.
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was (4)
Effective date— The amendments made by this section shall apply to funding provided in taxable years beginning after December 31, 2025.
Sec. 132 Federal agency involvement in voter registration activities
Short title— This section may be cited as the “Promoting Free and Fair Elections Act of 2023”.
Clarification of Federal agency involvement in voter registration activities— Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect, and any contract or arrangement entered into by an agency to carry out activities pursuant to sections 3 and 4 of such Executive Order shall be abrogated.
Agreements with nongovernmental organizations— None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency.
Report on prior voter registration and mobilization activities— Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623).
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Prohibiting voter registration and mobilization in Federal work-Study work-study programs— Section 443(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087–53(b)(1)) is amended—
in subparagraph (C), by striking “and”;
by redesignating subparagraph (D) as subparagraph (E); and
by inserting after subparagraph (C) the following:
“(D) does not involve registering or mobilizing voters on or off the campus of the institution; and”
Definitions— In this section:
Agency— The term agency has the meaning given the term in section 3502(1) of title 44, United States Code.
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Rules and Administration of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on House Administration of the House of Representatives; and
the Committee on the Judiciary of the House of Representatives.
Sec. 133 Prohibition on use of Federal funds for election administration in States that permit ballot harvesting
Short title— This section may be cited as the “No Federal Funds for Ballot Harvesting Act”.
Findings— Congress finds that—
the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States;
the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”;
the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election;
in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State;
ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and
the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)).
Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties—
In general— The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end the following new section:
“908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties
“(a) In general—Notwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows:
“(1) An election official while engaged in official duties as authorized by law.
“(2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law.
“(3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law.
“(4) A family member, household member, or caregiver of the person to whom the ballot was mailed.
“(b) Definitions—For purposes of this section, with respect to a person to whom the ballot was mailed:
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“(1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.home, except that such term does not include an individual who is an employee of the residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home in which the individual provides such assistance to such person.
“(2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship.
“(3) The term household member means an individual who resides at the same residence as such person.”
Clerical amendment— The table of contents of such Act is amended by adding at the end the following new item:
Sec. 135 Clarification of rules with respect to hiring of election workers
added
Short title— This section may be cited as the “Election Worker Hiring Preference for Veterans and Americans With Disabilities Act”.
added
Preferences for veterans and individuals with disabilities—
removed
Preferences for veterans and individuals with disabilities—
renumbered
was (2)(2)
Preferences— In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability.
added
Inclusion of information in Election Assistance Commission clearinghouse— The Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire individuals who are veterans or individuals with a disability as election workers, as described in paragraph (1).
added
Individual with a disability defined— In this subsection, the term “individual with a disability” has the meaning given such term in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101).
added
Preference and waiver of residency requirement for spouses and dependents of absent military voters—
removed
Individual with a disability defined— In this subsection, an “individual with a disability” means an individual with an impairment that substantially limits any major life activities.
removed
Preference and waiver of residency requirement for spouses and dependents of absent military voters—
renumbered
was (3)(2)
Sense of Congress— It is the sense of Congress that, in hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction—
renumbered
was (3)(2)(3)
should give preference to an individual who is a nonresident military spouse or dependent; and
renumbered
was (3)(2)(4)
should not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction.
added
Inclusion of information in Election Assistance Commission clearinghouse— The Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire nonresident military spouses or dependents as election workers, as described in paragraph (1).
removed
Inclusion of information Election Assistance Commission clearinghouse— The Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire nonresident military spouses or dependents as election workers, as described in paragraph (1).
renumbered
was (3)(4)
Nonresident military spouse or dependent defined— In this subsection, a “nonresident military spouse or dependent” means an individual who is an absent uniformed services voter under section 107(1)(C) of the Uniformed and Overseas Citizen Absentee Voting Act (52 U.S.C. 20310(1)(C)).
Sec. 136 State assistance in assigning mailing addresses with respect to Tribal Governments
added
Short title— This section may be cited as the “Mailing Addresses on Indian Lands Act” or the “MAIL Act”.
renumbered
was (2)
In general— Upon request from a Tribal Government, the appropriate State executives of the State concerned shall assist the Tribal Government to assign a mailing address to each home and residence of the Tribal Government in the State that does not have a mailing address assigned to such home or residence and shall ensure that the State records include any such mailing address assigned and any mailing address previously assigned by such Tribal Government.
renumbered
was (3)
Definitions— In this section:
renumbered
was (3)(3)
Indian— The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
renumbered
was (3)(4)
Indian tribe— The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
renumbered
was (3)(5)
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).
renumbered
was (3)(6)
Tribal government— The term Tribal Government means the recognized governing body of an Indian Tribe.
Sec. 137 State defined
added
Short title— This section may be cited as the “Northern Mariana Islands Inclusion Act”.
renumbered
was (2)
Application to Commonwealth of Northern Mariana Islands— Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking “and the United States Virgin Islands” and inserting “the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands”.
renumbered
was (3)
Conforming amendments— Such Act is further amended as follows:
renumbered
was (3)(3)
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”.
renumbered
was (3)(4)
Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by striking “or the United States Virgin Islands” and inserting “the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands”.
Sec. 138 Voter registration for applicants without driver’s license or social security number
In general— Section 303(a)(5)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(5)(A)) is amended—
in clause (i), by striking “Except as provided in clause (ii), notwithstanding any other provision of law, an application” and inserting “An application”;
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in clause (i)(II), by striking “(other “ (other than an applicant to whom clause (ii) applies)”; and
by amending clause (ii) to read as follows:
“(ii) Special rule for applicants without driver’s license or social security number—If an applicant for voter registration for an election for Federal office has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a temporary number which shall be valid to identify the applicant for the purposes of voter registration only during the period that begins on the date the temporary number is assigned and ends 30 days after the date that the applicant receives a current and valid driver’s license or a social security number. If the applicant fails to provide a driver’s license number or the last 4 digits of the social security number (as the case may be) to the State during the 30-day period that begins on the date the applicant receives such driver’s license or social security number, the applicant’s application for voter registration with respect to which the temporary number was assigned may not be accepted or processed by the State.”
Sec. 139A GAO study and report on ability of States to comply with certain special election requirements
added
added
Study—
added
In general— The Comptroller General of the United States shall conduct a study of the ability of States to comply with the requirements for filling a vacancy in the State’s representation in the House of Representatives by special election in extraordinary circumstances pursuant to section 26 of the Revised Statutes of the United States (2 U.S.C. 8).
added
Consultation— In conducting the study under this subsection, the Comptroller General shall—
added
consult and work cooperatively with all States and shall not rely on sample information relating to a limited number of States; and
added
consult with the Election Assistance Commission.
added
State defined— In this subsection, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Comptroller General considers appropriate.
Sec. 142 Statement of congressional authority; findings
Statement of congressional authority— Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia—
pursuant to article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States;
with recognition of the Residence Act of 1790, which Congress passed pursuant to the above authority and which established the City of Washington in the District of Columbia as the seat of the government of the United States;
pursuant to article I, section 8, clause 18 of the Constitution of the United States, which grants Congress the authority to “make all Laws which shall be necessary and proper for carrying into Execution” its enumerated powers; and
under other enumerated powers granted to Congress.
Findings— Congress finds the following:
Voter identification requirements in the District of Columbia are some of the weakest in the country. Currently, voters in the District of Columbia are required only to provide proof of residence the first time they vote and are never asked to provide anything again.
In the 2012 general election, the District of Columbia was wholly unprepared for early voters. Several polling locations featured only one or two voting machines. As a result, some voters waited in line for hours while others waited for hours only to be turned away as the polls closed.
changed
Following the 2012 general election, the executive director of the D.C. Board of Elections testified that missteps had taken place during the election. Voters complained that some precincts weren't were not accessible for the disabled, while poorly trained employees ran sites elsewhere in the District. In other cases, voters were provided with ballots that were not correct for their addresses, allowing them to vote in races in other districts.wards.
In the District of Columbia’s 2014 April Democratic primary, voters had to wait several hours after polls closed before receiving meaningful election returns because of problems with voting machines that led to an unusually lengthy and chaotic tabulation process.
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In the aftermath of that primary, while the District of Columbia originally blamed a handful of voting machines for late election results, the executive director later clarified that the issue came from a broad computer network failure. As a result, on election night, ballots did not begin to be counted until 10:00 p.m. The executive director said “on election night, polling officials never really did determine the problem . . .”. All problem...”All this occurred despite record low turnout for the primary.
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Before the 2014 midterm election, the executive director stated that he hoped that ballot counting would be done before midnight but could not offer any promises based on the District of Columbia’s previous history.
Following the 2014 midterm election, the Office of the District of Columbia Auditor performed an audit of the election and found the following:
23 of 89 precincts visited did not have the minimum number of poll workers designated in city election procedures. In total, 168 workers did not come to work as scheduled, and others that were not trained to perform certain functions had to take on new jobs.
37 of the 89 precincts inspected featured polling places not fully accessible to disabled voters. Some issues included missing or inoperable doorbells to alert poll workers that a wheelchair-bound voter needed assistance, as well as a lack of accessible parking spaces and entrances.
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57 of the 89 precincts featured election and non-election equipment issues affecting a wide range of the Election Day technology—including technology — including paper ballot readers, electronic poll books and touch-screen voting machines.
In 2016, the Office of the District of Columbia Auditor released a report titled “The District of Columbia Voter File: Compliance with Law and Best Practices”, which included the following:
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In 2015, the Board of Elections, as required under District law, sent out written notices to 260,000 inactive voters through the U.S. Postal Service in an attempt to maintain accurate voter registration rolls. 38,179, or almost fifteen 15 percent of those postcards, were returned as undeliverable.
The Office of the Auditor took a sample of thirty-three decedents who had died between January of 2011 and December of 2014. The audit found that all of the thirty-three decedents were still on the District’s voter registration rolls.
The District of Columbia is a member of the Electronic Registration Information Center (ERIC). According to ERIC, 13,651 voters were registered in the District of Columbia and another jurisdiction. The D.C. Board of Elections contacted every voter with a duplicate registration. 6,000 voters confirmed they now resided outside the District of Columbia and the other 7,651 or 56 percent of voters with a duplicate registration did not respond.
The District of Columbia allows for same-day registration and automatic voter registration. In 2018, the District of Columbia implemented an Automatic Voter Registration program through the Department of Motor Vehicles (DMV). Now, any DMV application automatically serves as an application to register to vote or update registration records, unless the applicant affirmatively opts out of this registration option.
In 2020, voting in the District of Columbia for the June primary election was fraught with problems. Some voters waited in line for hours, and thousands of voters who requested absentee mail-in ballots never received them. As a result, the District of Columbia allowed voters that never received their absentee ballot to cast their ballots via unsecured email. During the Committee on House Administration and Committee on Oversight and Accountability joint hearing titled “American Confidence in Elections: The Path to Election Integrity in the District of Columbia”, witnesses called by Republicans and Democrats both agreed that casting a ballot via unsecured email raised serious security and voter identification concerns.
In 2020, the District of Columbia Board of Elections mailed every registered voter a ballot for the general election. Voters were still permitted to vote in-person. The Board mailed 421,791 ballots, and 48,018 of them were undeliverable, more than eleven percent. This is a rate more than eight times higher than the national average.
changed
Even after mailing every registered voter a ballot in the 2020 general election, the District of Columbia had lower voter turnout rates than states States like Florida, Ohio, and Georgia. In 2020, the District of Columbia reported a roughly 64 percent turnout while Florida reported 77 percent, Ohio reported roughly 74 percent, and Georgia reported 66 percent.
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In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the midterm primary election. Voters were still allowed to vote in person. The Board mailed 402,323 ballots, and 65,398 ballots, or about sixteen 16 percent, were undeliverable. This is an increase of 17,380 in undeliverable ballots between the 2020 general election and the 2022 primary election.
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In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the November general election. Voters were still allowed to vote in person. The Board mailed 508,543 ballots, and 87,921 were undeliverable. The rate of undeliverable ballots mailed out for the general election in 2022 was seventeen 17 percent, an increase of about six basis points from the 2020 election. In addition, the District of Columbia mailed over 500 voters an incorrect ballot. At the time of the 2022 election, the COVID–19 pandemic was largely over, allowing voters to vote in person without issue, unlike during the 2020 election.
changed
Despite mailing every registered voter a ballot in the 2022 midterm election, the District of Columbia had far lower voter turnout rates than states States like Florida, Georgia, and Ohio. In 2022, the District of Columbia reported roughly 40 percent turnout while Florida reported 54 percent, Ohio reported 52 percent, and Georgia reported roughly 57 percent.
The Local Resident Voting Rights Amendment Act of 2022 allows noncitizen green-card holders and illegal aliens to cast a ballot in local races, as long as the non-citizen voter is at least eighteen years of age and has resided in the District of Columbia for thirty days. The law will take effect in 2024. Estimates as to the number of non-citizens of voting age living in the District of Columbia range from 21,000 to 42,000, potentially half of whom are illegal aliens. Even according to the low estimates, there are more than enough non-citizens of voting age living in the District of Columbia to impact election outcomes in some wards.
On February 9, 2023, the U.S. House of Representatives, by a vote of 260 to 162, passed H.J. Res. 24, disapproving the Local Resident Voting Rights Amendment Act of 2022 under the District of Columbia Home Rule Act.
Sec. 143 Requirements for elections in District of Columbia
Requirements described— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the following new subtitle:
“C Requirements for Elections in District of Columbia
changed
“321. Statement of Congressional congressional authority; findings
“Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia—
changed
“(1) under pursuant to article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; andStates;
changed
“(2) under other enumerated powers granted with recognition of the Residence Act of 1790, which Congress passed pursuant to Congress.the above authority and which established the City of Washington in the District of Columbia as the seat of the government of the United States;
added “(3) pursuant to article I, section 8, clause 18 of the Constitution of the United States, which grants Congress the authority to “make all Laws which shall be necessary and proper for carrying into Execution” its enumerated powers; and
added “(4) under other enumerated powers granted to Congress.
“322. Requirements for photo identification
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Voter Identification Act”.
added “(b) Requiring provision of identification to receive a ballot or vote
removed
“(b) Requiring provision of identification To receive a ballot or vote
“(1) Individuals voting in person—A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3).
“(2) Individuals voting other than in person—A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3).
“(3) Identification described—An identification described in this paragraph is, with respect to an individual, any of the following:
“(A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification.
added “(B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal Government.
removed
“(B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government.
“(C) Any current and valid photo identification of the individual which is issued by a Tribal Government.
“(D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(E) The last 4 digits of the individual's social security number.
“(4) Ensuring proof of residence—If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which—
“(A) provides the address of the individual’s residence; and
“(B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual.
“(c) Provision of identification without cost to indigent individuals—If the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost.
“(d) Special rule with respect to sincerely held religious beliefs—In the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3).
added “(e) Designation of District of Columbia agency to provide copies of identification—The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2).
removed
“(e) Designation of District of Columbia agency To provide copies of identification—The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2).
“(f) Inclusion of photos in poll books
added “(1) Short title—This subsection may be cited as the “American Confidence in Elections: District of Columbia Photographic Poll Books Act”.
added “(2) Methods for obtaining photos
removed
“(1) Methods for obtaining photos
“(A) Provision of photos by offices of District of Columbia government—If any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia.
added “(B) Taking of photos at polling place—If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the names of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia.
removed
“(B) Taking of photos at polling place—If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia.
“(C) Copies of photos provided by individuals not voting in person—The election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia.
added “(3) Inclusion in poll books—The chief election official of the District of Columbia shall ensure that the most recently available photograph, digital image, or copy of an identification for which access is provided under paragraph (2) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals.
added “(4) Protection of privacy of voters—The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose.
removed
“(2) Inclusion in poll books—The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals.
removed
“(3) Protection of privacy of voters—The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose.
“(g) Exceptions—This section does not apply with respect to any individual who is—
“(1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.);
“(2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or
“(3) entitled to vote otherwise than in person under any other Federal law.
“(h) Definitions—For the purposes of this section, the following definitions apply:
“(1) Indian tribe—The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(2) Tribal government—The term Tribal Government means the recognized governing body of an Indian Tribe.
“323. Requirements for voter registration
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Voter List Maintenance Act”.
“(b) Annual list maintenance
“(1) Requirements
“(A) In general—The District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) and pursuant to the procedures described in subparagraph (B).
“(B) Removal from voter rolls—In the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if—
“(i) the registrant fails to respond to such notice; and
“(ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held.
“(2) Timing—In the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election.
added “(c) Prohibiting same-day registration—The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election.
removed
“(c) Prohibiting same-Day registration—The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election.
“324. Ban on collection and transmission of ballots by certain third parties
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Election Fraud Prevention Act”.
“(b) In general—The District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows:
“(1) An election official while engaged in official duties as authorized by law.
“(2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law.
“(3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law.
“(4) A family member, household member, or caregiver of the person to whom the ballot was mailed.
“(c) Definitions—For purposes of this section, with respect to a person to whom the ballot was mailed:
added “(1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home, except that such term does not include an individual who is an employee of the residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home in which the individual provides such assistance to such person..
removed
“(1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.
“(2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship.
“(3) The term household member means an individual who resides at the same residence as such person.
“325. Timely processing and reporting of results
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act”.
“(b) Time for processing ballots and reporting results—The District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election.
added “(c) Requirement to publish number of voted ballots on election day—The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time—
removed
“(c) Requirement To publish number of voted ballots on election day—The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time—
“(1) the number of voted ballots delivered by mail;
“(2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.); and
“(3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot.
added “(d) Requirements to ensure bipartisan election administration activity—With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia.
removed
“(d) Requirements To ensure bipartisan election administration activity—With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia.
“326. Ban on noncitizen voting
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Citizen Voter Act”.
“(b) Ban on noncitizen voting—No individual may vote in a District of Columbia election unless the individual is a citizen of the United States.
“327. Requirements with respect to provisional ballots
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Provisional Ballot Reform Act”.
“(b) In general—Except as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if—
“(1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or
“(2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election.
“(c) Requirements with respect to counting provisional ballots in certain cases—If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot.
“328. Mandatory post-election audits
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act”.
added “(b) Requirement for post-election audits
removed
“(b) Requirement for post-Election audits
“(1) Requirement—Not later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia.
“(2) Independence of auditor—No individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office.
“329. Public observation of election procedures
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act”.
“(b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives
“(1) Authority to observe procedures—An individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election.
“(2) Authority and procedures described—The authority of an individual to observe election procedures pursuant to this subsection is as follows:
“(A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot.
“(B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2).
“(C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount.
“(3) Provision of credentials—The chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures.
“(4) Exception for candidates and law enforcement officers—An individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer.
“(c) Other individuals
“(1) Petition for observer credentials—In addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b).
“(2) Authority described—If the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election.
“(3) Exception for candidates and law enforcement officers—The chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2).
added “(d) Authority of members of public to observe testing of equipment—In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election.
added “(e) Prohibiting limits on ability to view procedures—An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out.
removed
“(d) Authority of members of public To observe testing of equipment—In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election.
removed
“(e) Prohibiting limits on ability To view procedures—An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out.
“(f) Prohibition against certain restrictions—An election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out.
“330. Requirements for voting by mail-in ballot
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Mail Balloting Reform Act”.
“(b) Prohibiting transmission of unsolicited ballots—The District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot.
“(c) Signature verification
“(1) Inclusion of certificate with ballot—The District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted.
added “(2) Requiring verification for ballot to be counted—Except as provided in subsection (d), the District of Columbia shall not accept an absentee or other mail-in ballot for a District of Columbia election unless—
removed
“(2) Requiring verification for ballot to be counted—Except as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless—
“(A) the individual for whom the ballot was transmitted—
“(i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and
“(ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and
“(B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters.
added “(d) Notice and opportunity to cure
removed
“(d) Notice and opportunity To cure
“(1) Notice and opportunity to cure discrepancy in signatures—If an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall—
added “(A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message or electronic mail that—
removed
“(A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that—
“(i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and
“(ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and
“(B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods.
“(2) Notice and opportunity to cure missing signature or other defect—If an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall—
added “(A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message or electronic mail that—
removed
“(A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that—
“(i) the ballot or certificate of transmission did not include a signature or has some other defect; and
“(ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and
“(B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect.
“(e) Deadline for acceptance
“(1) Deadline—Except as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day.
“(2) Exception for absent military and overseas voters—Paragraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
“(3) Rule of construction—Nothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1).
“331. Requirements with respect to use of drop boxes
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia Ballot Security Act”.
“(b) Requirements—With respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless—
“(1) any such drop box is located inside a District of Columbia government building or facility;
“(2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and
“(3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election.
“332. Special rule with respect to application of requirements to Federal elections
“With respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply.
“333. Prohibiting the use of ranked choice voting
“(a) Short title—This section may be cited as the “American Confidence in Elections: District of Columbia One Vote One Choice Act”.
“(b) Prohibition—The District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference.
“334. Early voting
“(a) Requiring early voting
“(1) In general—The District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date.
“(2) Length of period—The early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election.
“(b) Polling place requirements—Each polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election.
“335. District of Columbia election defined
“In this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.”
Conforming amendment relating to enforcement— Section 401 of such Act (52 U.S.C. 21111) is amended by striking the period at the end and inserting the following: “, and the requirements of subtitle C with respect to the District of Columbia.”.
Clerical amendment— The table of contents of such Act is amended by adding at the end of the items relating to title III the following:
Sec. 152 Findings relating to the administration of the Election Assistance Commission
Congress finds the following:
The Election Assistance Commission best serves the American people when operating within its core statutory functions, including serving as a clearinghouse for information on election administration, providing grants, and testing and certifying election equipment.
changed
The American people are best served when Federal agency election assistance is offered by a single agency with expertise in this space. The Election Assistance Commission, composed of four election experts from different political parties, is best situated among the Federal government Government agencies to offer assistance services to citizens and to guide other Federal agencies that have responsibilities in the elections space. The Commission is also best suited to determine the timing of the issuance of any advisories and to disburse all appropriated election grant funding.
changed
To this end, Congress finds that the Election Assistance Commission should be viewed as the lead Federal government Government agency on all election administration matters, and other Federal agencies operating in this space should look to the Commission for guidance, direction, and support on election administration-related issues.
Sec. 153 Requirements with respect to staff and funding of the Election Assistance Commission
Staff— Section 204(a)(5) of the Help America Vote Act of 2002 (52 U.S.C. 20924(a)(5)) is amended by striking “of such additional personnel” and inserting “of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act”.
Funding— Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended—
by striking “for each of the fiscal years 2003 through 2005” and inserting “for each of the fiscal years 2024 through 2026”; and
by striking “(but not to exceed $10,000,000 for each such year)” and inserting “(but not to exceed $25,000,000 for each such year)”.
Prohibition on certain use of funds—
Prohibition— None of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), except with respect to the operation of the Local Leadership Council.
No effect on entities established by Help America Vote Act of 2002— Paragraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee.
Requirements with respect to compensation of members of the Commission— Section 203(d) of the Help America Vote Act of 2002 (52 U.S.C. 20923(d)) is amended—
changed
in paragraph (1), by striking “at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code” and inserting “at an annual rate of basic pay equal to the lesser of the amount of $176,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, or 90 percent of the annual rate of pay for a member of the Federal Election Commission (but in no case lower than the rate applicable for the pay period occurring on the date of the enactment of the ACE American Confidence in Elections Act)”;
in paragraph (2), by striking “No member appointed” and inserting “Except as provided in paragraph (3), no member appointed”; and
by adding at the end the following new paragraph:
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“(3) Supplemental employment and compensation—An individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) 1001) if—
“(A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and
“(B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1).”
Office of Inspector General— Section 204 of the Help America Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the following new subsection:
“(f) Office of Inspector General—In consultation with the Office of the Inspector General of the Commission, the Commission shall establish annually a budget and a number of full-time equivalent employees for the Office of the Inspector General which will ensure that the Office has sufficient funding and personnel to carry out the duties and responsibilities under section 404 of title 5, United States Code.”
Effective date— This section and the amendments made by this section shall take effect on October 1, 2025.
Sec. 154 General requirements for payments made by Election Assistance Commission
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Exclusive authority of Election Assistance Commission To to make election administration payments to States— No entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure (including software), enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure (including software).
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Prohibiting use of payments for get-Out-the-Vote-Activity; get-out-the-vote-activity; other requirements for payments made by Commission— Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:
“7 General Requirements for Payments
“297. Prohibiting use of payments for get-out-the-vote-activity
“(a) Prohibition—No payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity.
“(b) Definition—In this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor.”
Requiring disclaimer in communications— Part 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section:
“297A. Requiring communications funded by payments to include disclaimer
“(a) Requirement—If a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: “Paid for using Federal taxpayer funds pursuant to the Help America Vote Act”.
“(b) Clear and conspicuous manner described—A statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements:
“(1) Text or graphic communications—In the case of a text or graphic communication, the statement—
“(A) appears in letters at least as legible as the majority of the text in the communication;
“(B) is contained in a printed box set apart from the other contents of the communication; and
“(C) is printed with a reasonable degree of color contrast between the background and the printed statement.
“(2) Audio communications—In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds.
“(3) Video communications—In the case of a video communication, the statement—
“(A) is included at either the beginning or the end of the communication; and
“(B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds.
“(4) Other communications—In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3).
changed
“(c) Public communication—In this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet Internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising.
“297B. Guidance on use of payments
“(a) Requiring establishment and publication on guidance—The Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act.
“(b) Requirements for guidance—The guidance established under this section shall meet the following requirements:
“(1) The guidance shall be consistent for all States and units of local government.
“(2) The guidance shall be available to the public.
“(3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision.
“(c) Application of guidance to audits—If the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act.
“(d) Uniform terms for reports—In cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act.”
Clerical amendment— The table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following:
Effective date— This section and the amendments made by this section shall apply with respect to payments made on or after the date that is 30 days after the date of the enactment of this Act.
Sec. 156 Election Assistance Commission primary role in election administration assistance
In general— Except as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office.
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Exclusive authority of Election Assistance Commission To to develop voluntary guidelines with respect to voting systems and nonvoting technology— No entity of the Federal Government other than the Election Assistance Commission may develop, adopt, issue, or oversee voluntary guidelines with respect to voting systems and any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by section 129(b)) that are used in elections for Federal office.
Sec. 159 Membership of the Local Leadership Council
added
In general— Subtitle C of title II of the Help America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended—
added
by redesignating section 248, as redesignated by section 113(a)(1), as section 249; and
added
by adding before section 249 (as redesignated by paragraph (1)) the following new section:
added “248. Membership of the Local Leadership Council
added “In appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas.”
added
Clerical amendment— The table of contents of such Act is amended—
added
by redesignating the item relating to section 248, as redesignated by section 113(b)(1), as section 249; and
added
by inserting after the item relating to section 247, as added by section 113(b)(2), the following new item:
removed
Subtitle C of title II of the Help America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended by adding at the end the following new section:
removed
“248. Membership of the Local Leadership Council
removed
“In appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas.”
Sec. 200 Short title
changed
This title may be cited as the “American Confidence in Elections: Military Voting Rights Study Act of 2023”.Act”.
Sec. 201 Findings relating to military voting
Congress finds the following:
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Participation in the voting process by Americans who serve in the Armed Forces is vital to the future of the Republic; however, due to the realities of service around the globe and despite many best efforts, the Nation nation has not always lived up to its commitment to servicemembers that their vote be counted.
The Military and Overseas Empowerment (MOVE) Act made great progress in solving problems with voting that many servicemembers faced. Yet, for many, it is still difficult to exercise the franchise, with many ballots not reaching State elections officials until after the deadline, negating their voice. After 14 years, Congress must address the remaining issues.
Congress finds that it is a moral imperative of national importance that every eligible American servicemember has the opportunity to cast a ballot in each election and, not only that such ballot be received in time to be counted, but that it actually be counted according to law.
Sec. 301 Findings
Congress finds the following:
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The structure of the Constitution and its amendments represents the radical idea that any sovereign power exercised by the Federal government Government flows either directly from the people or through the States they established to govern themselves. In the words of the Ninth and Tenth Amendments, “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”.people.”
Among the many freedoms it protects, the First Amendment prevents Congress from making any law abridging the freedom of speech, the right of the people peaceably to assemble, or the right of the people to petition the Government for the redress of grievances.
Any proposed Federal action concerning freedom of speech, protest, or petition must start with an analysis of the First Amendment. Congress must ask whether the proposed action would abridge these freedoms, and any uncertainty must be determined in favor of fewer restrictions on speech.
In particular, political speech, uttered in the furtherance of self-government, must raise an even higher bar to congressional abridgement. The mechanisms and media used to offer political speech must realize the same protections.
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As the Supreme Court has recognized, the Constitution grants Congress only a very narrow interest in the regulation of political speech, the prevention of corruption or the appearance of corruption. Buckley v. Valeo, 424 U.S. 1, 25–26 (1976); Federal Election Commission v. National Conservative Political Action Commission, 470 U.S. 480, 497 (1985); Citizens United v. Federal Election Commission, Commission 558 U.S. U. S. 310, 359 (2010); McCutcheon v. Federal Election Commission, 572 U.S. U. S. 185, 207 (2014); Cruz v. Federal Election Commission, Commission 142 S.Ct. 1638, 1652 (2022).
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In order to uphold and effectuate the Constitution, any Federal statute that goes beyond this interest must be repealed, and Congress must exercise its article Article 1 authorities to do so.
Sec. 304 Equalization of contribution limits to State and national political party committees
In general— Section 315(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)) is amended—
in subparagraph (B), by striking “a national political party” and inserting “a national or State political party”;
by adding “or” at the end of subparagraph (B);
in subparagraph (C), by striking “; or” and inserting a period; and
by striking subparagraph (D).
Contributions by multicandidate political committees—
In general— Section 315(a)(2)(B) of such Act (52 U.S.C. 30116(a)(2)(B)) is amended by striking “a national political party” and inserting “a national or State political party”.
Price index adjustment— Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended—
in paragraph (1), by adding at the end the following new subparagraph:
“(D) In any calendar year after 2024—
“(i) a limitation established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A);
“(ii) each amount so increased shall remain in effect for the calendar year; and
“(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”
in paragraph (2)(B)—
in clause (i), by striking “and” at the end;
in clause (ii), by striking the period at the end and inserting “; and”; and
by adding at the end the following new clause:
“(iii) for purposes of subsection (a)(2), calendar year 2024.”
Acceptance of additional amounts for certain accounts—
Permitting acceptance of additional amounts in same manner as national parties— Section 315(a) of such Act (52 U.S.C. 30116(a)) is amended—
in paragraph (1)(B), by striking “paragraph (9)” and inserting “paragraph (9) or paragraph (10)”; and
in paragraph (2)(B), by striking “paragraph (9)” and inserting “paragraph (9) or paragraph (10)”.
Accounts— Section 315(a)(9) of such Act (52 U.S.C. 30116(a)(9)) is amended by striking “national committee of a political party” each place it appears in subparagraphs (A), (B), and (C) and inserting “committee of a national or State political party”.
State party convention accounts described— Section 315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph:
“(10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray—
“(A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions;
“(B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or
“(C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.”
changed
Clarification of indexing of amounts To to ensure equalization of party contribution limits— For purposes of applying section 315(c) of such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 (Public Law 107–55; 116 Stat. 102).
Effective date— The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Sec. 306 Participation in joint fundraising activities by multiple political committees
Findings— Congress finds the following:
While Federal law permits the Federal Election Commission to engage in certain “gap-filling” activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees.
It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities.
Criteria for participation in joint fundraising activities— Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection:
changed
“(j) Criteria for participation in joint fundraising activities by multiple political committees“(j)
changed
“(1) Criteria described—Two Two or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria:
“(A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities.
“(B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee.
“(C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee.
changed
“(2) Rule of construction—Nothing Nothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice.”
Sec. 307 Findings
Congress finds the following:
The First Amendment of the United States Constitution provides that “[C]ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” See U.S. Const. Amend. I.
changed
The Supreme Court has held that the First Amendment’s protections apply with equal force to States and localities as it does to the Federal government. Government. See Gitlow v. New York, 268 U.S. 652 (1925).
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The Supreme Court has held that “implicit in the right to engage in activities protected by the First Amendment [lies] a corresponding right to associate with others.”Roberts v. United States Jaycees, 468 U.S. U. S. 609, 622 (1984). This is commonly understood as the right of association. It furthers “a wide variety of political, social, economic, educational, religious, and cultural ends,” and “is especially important in preserving political and cultural diversity and in shielding dissident expression from suppression by the majority.” Id.majority.”Id.
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In NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), the Supreme Court held the First Amendment’s freedom of association protected the National Association for the Advancement of Colored People from compelled disclosure of its members. This was because “on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility. Under these circumstances . . . it circumstances...it [is] apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure.” Id. exposure.”Id. at 462–463.
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The First Amendment’s freedom of association has been protected and strengthened by the Supreme Court for over sixty years. See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Shelton v. Tucker, 364 U.S. U. S. 479 (1960); Bates v. Little Rock, 361 U.S. U. S. 516 (1960); Healy v. James, 408 U.S. U. S. 169 (1972); Elrod v. Burns, 427 U.S. U. S. 347 (1976); Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984); Boy Scouts of America v. Dale, 530 U.S. 640 (2000); Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021).
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Most recently, in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021), a California law required Americans for Prosperity Foundation and the Thomas Moore Law Center to disclose the names, contribution amounts, and addresses of their major donors. Id. at 2380. The Supreme Court held this substantial intrusion into the group’s donors was unconstitutional. Id. at 2389. While California Attorney General Bonta argued these disclosures were needed so California could prevent wrongdoing by charitable organizations, there was “not a single, concrete instance in which pre-investigation collection of [this information] did anything to advance the Attorney General's investigative, regulatory or enforcement efforts.” Id. efforts.”Id. at 2386. Similarly, California’s need for this information before initiating an investigation was highly questionable as it was only one of three states to impose this requirement and did not seriously enforce it until 2010. Id. at 2387.
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In short, Americans for Prosperity Foundation and NAACP both stand for the proposition that compelled disclosure of an organization’s members can violate an organization’s freedom of association. This is because effective “effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association association” and there is a vital “vital relationship between freedom to associate and privacy in one's associations . . . associations...” See Id. at 2382 citing NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460–462.
Unfortunately, the First Amendment’s freedom of association protections are under constant attack. Recently, there have been efforts to enlarge the size of the Supreme Court because of disagreement with some of its rulings and personal disagreement with some of the justices.
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On April 9, 2021, the President issued Executive Order 14023 that created the Presidential Commission on the Supreme Court (the Commission). Under section Section 3(iii) of that Executive Order, the Commission was tasked with providing “[a]n analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals.”.
In December 2021, the Commission released its final report. On the issue of adding justices to the Supreme Court, the Commission concluded “[m]irroring the broader public debate, there is profound disagreement among Commissioners on this issue.”.
Unfortunately, even though the President’s Commission would not endorse adding the number of justices on the Supreme Court, some in Congress still believe it is necessary. See, for example, H.R. 3422, the Judiciary Act of 2023 that would add four associate justices to the Supreme Court.
Because of this political uncertainty and the importance that donors in all organizations, no matter their party affiliation, are protected from having their membership disclosed and threats of reprisal that would follow, it is important that Congress statutorily codifies the Supreme Court’s holdings in NAACP v. Alabama ex rel. Patterson and Americans for Prosperity Foundation v. Bonta.
Government targeting of tax-exempt organizations because of disagreement with their political views is sadly not a hypothetical problem. From 2010 through 2013, the Internal Revenue Service (IRS) intentionally discriminated against conservative organizations seeking tax-exempt status with words like “patriot” or “Tea Party” in their names.
After years of litigation, in October 2017, the IRS signed a consent decree in Federal court and admitted to targeting conservative organizations from 2010 through 2013. The IRS confessed that “its treatment of [conservative organizations] during the tax-exempt determinations process, including screening their applications based on their names or policy positions, subjecting those applications to heightened scrutiny and inordinate delays, and demanding of some Plaintiffs’ information that TIGTA [U.S. Treasury Inspector General, Tax Administration] determined was unnecessary to the agency’s determination of their tax-exempt status, was wrong.”.
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It is antithetical to the First Amendment that the IRS or any Federal government Government agency would ever be used to target an organization because of its political beliefs, or who its donors might be. As such, these organizations need to be protected to prevent events like what transpired at the IRS between 2010 and 2013.
Sec. 308 Protecting privacy of donors to tax-exempt organizations
Short title— This section may be cited as the “Speech Privacy Act of 2023”.
Restrictions on collection of donor information—
changed
Restrictions— An entity of the Federal government Government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization.
Exceptions— Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision.
The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604).
The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code.
An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body.
Restrictions on release of donor information—
changed
Restrictions— An entity of the Federal government Government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization.
Exceptions— Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision.
The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604).
The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code.
An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body.
An entity which discloses the information as authorized by the organization.
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Tax-Exempt Tax-exempt organization defined— In this section, a “tax-exempt organization” means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section.
Penalties— It shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.
Sec. 321 Electronic filing of electioneering communication reports
added
Short title— This section may be cited as the “Modernizing Electioneering Communications Reporting Act”.
added
Requiring electronic filing— Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting “or makes electioneering communications” after “expenditures”.
removed
Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting “or makes electioneering communications” after “expenditures”.
Sec. 324 Increased qualifying threshold with respect to candidates
Increase in threshold— Section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking “$5,000” each place it appears and inserting “$10,000”.
Price index adjustment for exemption of certain amounts as contributions— Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by sections 304(b), 322(c), and 323(b), is amended—
in paragraph (1), by adding at the end the following new subparagraph:
“(G) In any calendar year after 2024—
“(i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A);
“(ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and
“(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”
in paragraph (2)(B)—
in clause (iv), by striking “and” at the end;
in clause (v), by striking the period at the end and inserting “; and”; and
by adding at the end the following new clause:
changed
“(vi) for purposes of sections section 301(2), calendar year 2024.”
Effective date— The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Sec. 331 Increased threshold for exemption of certain amounts as contributions
Real or personal property exemption— Section 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii)) is amended—
by striking “$1,000” and inserting “$2,000”; and
by striking “$2,000” and inserting “$4,000”.
Travel expenses exemption— Section 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is amended—
by striking “$1,000” and inserting “$2,000”; and
by striking “$2,000” and inserting “$4,000”.
Price index adjustment for exemption of certain amounts as contributions— Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by sections 304(b), 322(c), 323(b), and 324(b) is amended—
in paragraph (1), by adding at the end the following new subparagraph:
“(H) In any calendar year after 2024—
changed
“(i) the exemption amounts established by section sections 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A);
“(ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and
“(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”
in paragraph (2)(B)—
in clause (v), by striking “and” at the end;
in clause (vi), by striking the period at the end and inserting “; and”; and
by adding at the end the following new clause:
changed
“(vii) for purposes of sections section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2024.”
Effective date— The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Sec. 332 Exemption of uncompensated internet communications from treatment as contribution or expenditure
Exemptions—
Exemption from treatment as contribution— Section 301(8)(B) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)) is amended—
by striking “and” at the end of clause (xiii);
by striking the period at the end of clause (xiv) and inserting “; and”; and
by adding at the end the following new clause:
changed
“(xv) any payment by any person in producing and disseminating any information or communication on the internet, internet Internet, Internet platform or other internet-enabled Internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled Internet-enabled application, whether coordinated or not.”
Exemption from treatment as expenditure— Section 301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended—
by striking “and” at the end of clause (ix);
by striking the period at the end of clause (x) and inserting “; and”; and
by adding at the end the following new clause:
changed
“(xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet Internet, Internet platform or other internet-enabled Internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled Internet-enabled application.”
changed
Application to definition of public communications— Section 301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the end the following: “In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet Internet or via an internet Internet platform or other internet-enabled Internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application.”.
Effective date— The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Sec. 333 Media exemption
Expansion of exemption to additional forms of media— Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(9)(B)(i)) is amended to read as follows:
“(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;”
Application to contributions— Section 301(8)(B) of such Act (52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended—
by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and
by inserting before clause (ii) (as so redesignated) the following new clause:
changed
“(i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor.”exhibitor;”
Effective date— The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Sec. 341 Prohibition on issuance of regulations on Political Contributions
Findings— Congress finds the following:
From 2010 through 2013, the Internal Revenue Service targeted conservative organizations seeking tax-exempt status. The result of this targeting was obvious—to discourage conservative organizations and individuals associated with them from engaging in the 2012 presidential election after an incredibly successful 2010 midterm election.
In response to this treatment, a large number of conservative organizations sued the Internal Revenue Service. In 2017, a settlement was reached and the Internal Revenue Service was required to issue an apology for its actions.
Congress quickly recognized that the Internal Revenue Service was not the only government agency that could question or threaten the tax-exempt status of disfavored political groups. The Securities and Exchange Commission, an independent government agency, also enjoys some regulatory power in this area.
changed
Beginning in 2015, Congress has included in every appropriations bill that has funded the Securities and Exchange Commission, an appropriations rider prohibiting the agency from using any of the funds made available to “finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.” See associations.”See Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong. § 1 (2015); Consolidated Appropriations Act, 2017, H.R. 244, 115th Cong. § 1 (2017); Consolidated Appropriations Act, 2018, H.R. 1625, 115th Cong. § 2 (2018); Consolidated Appropriations Act, 2019, H.J. Res. 31, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong. § 2 (2020); Consolidated Appropriations Act 2022, H.R. 2471, 117th Cong. § 2 (2022); Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong. § 2 (2022).
This prohibition is too important to be subject to yearly renewal. Instead, it must be enacted into permanent law so political organizations of both political parties can rest assured the Securities and Exchange Commission will not target them.
Prohibition— The Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.
Sec. 353 Designation of individual authorized to make campaign committee disbursements in event of death or incapacity of candidate
In General— Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102), as amended by section 306(b), is amended by adding at the end the following new subsection:
“(k)
changed “(1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death or incapacity of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities.
“(2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission, and including any applicable supporting documentation, including a will or trust document) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the lawful disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission).
“(3)
changed “(A) Upon the death or incapacity of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds).
changed
“(B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, death or incapacity, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee.
“(C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a).”
Inclusion of Designation in Statement of Organization of Committee— Section 303(b) of such Act (52 U.S.C. 30103(b)) is amended—
in paragraph (5), by striking “and” at the end;
in paragraph (6), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section).”
Effective Date— The amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.
Sec. 355 Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission
Unanimous consent— Section 307 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end the following new subsection:
“(f)
“(1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986—
changed
“(A) through the general counsel, General Counsel, as provided in subsection (a)(6);
“(B) by appointing counsel as provided in section 306(f)(4); or
“(C) by referral to the Attorney General in the case of a criminal action.
“(2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.”
Effective date— The amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act.
Sec. 356 Federal Election Commission member pay
added
Determination of rate of pay— Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(4)) is amended—
removed
Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(4)) is amended—
renumbered
was (3)
by striking “(4) Members” and inserting “(4)(A) Except as provided in subparagraph (B), members”;
renumbered
was (4)
by striking “equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315)” and inserting “at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, which may not be varied or suspended by executive action”; and
renumbered
was (5)
by adding at the end the following:
“(B) A member who serves on the Commission after the expiration of the member’s term because the member’s successor has not taken office may not receive any increase in compensation under this subsection for any pay period occurring after the expiration of the 4-year period which begins on the date of the expiration of the member’s term. A member shall no longer be subject to the previous sentence if the member is appointed to a new term and takes office pursuant to that appointment.
added “(C) A member shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) if—
removed
“(C) A member shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) if—
“(i) the General Counsel of the Commission determines that such position does not create a conflict of interest with the member’s position as a sitting member of the Commission and grants the member approval to hold the position; and
“(ii) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the member under this paragraph.”
added
Clarification of authority to serve additional terms— Section 306(a)(2) of such Act (52 U.S.C. 30106(a)(2)) is amended by striking “shall serve for a single term of 6 years” and inserting “shall be appointed for terms of 6 years”.
Sec. 357 Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971
changed
5-Year 5-year limitation— Section 406(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended—
by striking “(a)” and inserting “(a)(1)”; and
by adding at the end the following new paragraph:
“(2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred.”
Effective date— The amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act.
Sec. 358 Theft from political committee as a Federal crime
Federal crime— Chapter 29 of title 18, United States Code, as amended by section 161(b), is amended by adding at the end the following new section:
“613. Theft from political committee
“(a) In general—It shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)).
“(b) Penalty—Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.”
changed
Clerical amendment— The table of sections for chapter 28 29 of title 18, United States Code, is amended by adding at the end the following new item:
Sec. 359 Repeal of obsolete provisions of law
Provisions held unconstitutional—
Membership of Secretary of Senate and Clerk of House on Federal Election Commission— Section 306(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking “the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and”.
removed
Choice of independent or coordinated expenditures by political parties— Section 315(d) of such Act (52 U.S.C. 30116(d)) is amended—
removed
by striking paragraph (4) and redesignating paragraph (5) as paragraph (4);
removed
in paragraph (4), as so redesignated, by striking “paragraphs (2), (3), and (4)” and inserting “paragraphs (2) and (3)”; and
removed
in paragraph (1), by striking “paragraphs (2), (3), and (4)” and inserting “paragraphs (2) and (3)”.
renumbered
was (2)(4)
Prohibiting contributions by minors— The Federal Election Campaign Act of 1971 is amended by striking section 324 (52 U.S.C. 30126).
added
Increase in contribution limits for candidates in response to personal fund expenditures by opponents—
removed
Increase in contribution limits for candidates in response to personal fund expenditures by opponents—
renumbered
was (2)(5)(2)
House candidates— The Federal Election Campaign Act of 1971 is amended by striking section 315A (52 U.S.C. 30117).
renumbered
was (2)(5)(3)
Senate candidates— Section 315 of such Act (52 U.S.C. 30116) is amended—
renumbered
was (2)(5)(3)(3)
by striking subsection (i); and
renumbered
was (2)(5)(3)(4)
by redesignating subsection (j) as subsection (i).
renumbered
was (2)(5)(4)
Conforming amendment relating to notification— Section 304(a)(6) of such Act (52 U.S.C. 30104(a)(6)) is amended—
renumbered
was (2)(5)(4)(3)
by striking subparagraphs (B), (C), and (D); and
added
by redesignating subparagraph (E) as subparagraph (B).
removed
by redesignating subparagraph (E) as subparagraph (D).
renumbered
was (2)(5)(5)
Conforming amendment relating to definitions— Section 301(25) of such Act (52 U.S.C. 30101(25)) is amended by striking “For purposes of sections 315(i) and 315A and paragraph (26), the term” and inserting “The term”.
renumbered
was (2)(5)(6)
Other conforming amendment— Section 315(a)(1) of such Act (52 U.S.C. 30116(a)(1)) is amended by striking “Except as provided in subsection (i) and section 315A, no person” and inserting “No person”.
renumbered
was (2)(6)
Electioneering communications and independent expenditures by corporations and labor organizations— Section 316 of such Act (52 U.S.C. 30117) is amended—
added
in subsection (b)(2), by striking “or for any applicable electioneering communication”; and
removed
in subsection (b)(1), by striking “or for any applicable electioneering communication”; and
renumbered
was (2)(6)(4)
by striking subsection (c).
renumbered
was (2)(7)
Limitation on repayment of personal loans— Section 315 of such Act (52 U.S.C. 30116) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii).
Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions— Section 9008 of the Internal Revenue Code of 1986 is amended—
in subsection (b), by striking paragraph (3); and
by striking subsections (c), (d), (e), (f), (g), and (h).
added
Technical correction—
added
Sections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking “subpena” each place it appears and inserting “subpoena”.
added
Section 309(a)(7) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(7)) is amended by striking “subpenas” and inserting “subpoenas”.
removed
Technical correction— Sections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking “subpena” each place it appears and inserting “subpoena”.
Sec. 411 Cybersecurity advisories relating to election systems
Cybersecurity advisories—
changed
In general— The Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (in this subtitle referred to as the “Director”) shall collaborate with provide notification to the Election Assistance Commission (in this subtitle referred to as the “Commission”) to determine if the Director is determining whether an advisory relating to the cybersecurity of election systems used in the administration of elections for Federal office or the cybersecurity of elections for Federal office generally is necessary. If such a determination is made in the affirmative, the Director shall collaborate coordinate with the Election Assistance Commission in on the preparation timing of such an the release of the advisory.
Prohibition— The Director may not issue an advisory described in paragraph (1) unless the Commission has provided input relating thereto.
Notification— If the Director issues an advisory described in subsection (a), the Director, in collaboration with the Commission, shall provide to appropriate State election officials and vendors of covered voting systems notification relating thereto.
Sec. 412 Process to test for cybersecurity vulnerabilities in election equipment
Process for covered voting systems—
changed
In general— The Director and the Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall jointly establish a voluntary process to test for and monitor covered voting systems for cybersecurity vulnerabilities. Such process shall include the following:
Mitigation strategies and other remedies.
Notice to the Commission and appropriate entities of the results of testing conducted pursuant to such process.
Implementation— The Director shall implement the process established under paragraph (1) at the request of the Commission.
Labeling for voting systems— The Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall establish a process to provide for the deployment of appropriate labeling available through the website of the Commission to indicate that covered voting systems passed the most recent cybersecurity testing pursuant to the process established under subsection (a).
Rules of construction— The process established under subsection (a), including the results of any testing carried out pursuant to this section, shall not affect—
the certification status of equipment used in the administration of an election for Federal office under the Help America Vote Act of 2002; or
the authority of the Commission to so certify such equipment under such Act.
Exclusive authority of Election Assistance Commission with respect to guidelines and certification of covered voting systems— No entity of the Federal Government other than the Election Assistance Commission may issue guidelines with respect to the minimum standards for the testing, certification, decertification, and recertification of covered voting systems.
Definition— In this section, the term covered voting systems means equipment used in the administration of an election for Federal office that is certified in accordance with versions of Voluntary Voting System Guidelines under the Help America Vote Act of 2002, and includes any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002, as added by section 129(b).
Sec. 413 Sense of Congress regarding need to notify State and local officials of election cybersecurity incidents
added It is the sense of Congress that, because the Constitution tasks the Federal Government with the primary responsibility to protect national security and reserves to the States and tasks them with the duty to establish election law and to administer Federal elections, it is imperative that the relevant Federal officials communicate regularly and clearly with State and local officials who are administering Federal elections.
removed
Duty To share information with Department of Homeland Security— If a Federal entity receives information about an election cybersecurity incident, the Federal entity shall promptly share that information with the Department of Homeland Security, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information.
removed
Response To receipt of information by Secretary of Homeland Security—
removed
In general— Upon receiving information about an election cybersecurity incident under subsection (a), the Secretary of Homeland Security, in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall promptly (but in no case later than 96 hours after receiving the information) review the information and make a determination whether each of the following apply:
removed
There is credible evidence that the incident occurred.
removed
There is a basis to believe that the incident resulted, could have resulted, or could result in voter information systems or voter tabulation systems being altered or otherwise affected.
removed
Duty to notify State and local officials—
removed
Duty described— If the Secretary makes a determination under paragraph (1) that subparagraphs (A) and (B) of such paragraph apply with respect to an election cybersecurity incident, not later than 96 hours after making the determination, the Secretary shall provide a notification of the incident to each of the following:
removed
The chief executive of the State involved.
removed
The State election official of the State involved.
removed
The local election official of the election agency involved.
removed
Treatment of classified information—
removed
Efforts to avoid inclusion of classified information— In preparing a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall attempt to avoid the inclusion of classified information.
removed
Providing guidance to State and local officials— To the extent that a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A) includes classified information, the Secretary (in consultation with the Attorney General and the Director of National Intelligence) shall indicate in the notification which information is classified.
removed
Exception—
removed
In general— If the Secretary, in consultation with the Attorney General and the Director of National Intelligence, makes a determination that it is not possible to provide a notification under paragraph (1) with respect to an election cybersecurity incident without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall not provide the notification under such paragraph.
removed
Ongoing review— Not later than 30 days after making a determination under subparagraph (A) and every 30 days thereafter, the Secretary shall review the determination. If, after reviewing the determination, the Secretary makes a revised determination that it is possible to provide a notification under paragraph (2) without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall provide the notification under paragraph (2) not later than 96 hours after making such revised determination.
removed
Coordination with Election Assistance Commission— The Secretary shall make determinations and provide notifications under this subsection in the same manner, and subject to the same terms and conditions relating to the role of the Election Assistance Commission, in which the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security makes determinations as to the necessity of an advisory and the issuance of an advisory under section 411(a) and the provision of notification under section 411(b).
removed
Definitions— In this section, the following definitions apply:
removed
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.
removed
Election cybersecurity incident— The term election cybersecurity incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system of election infrastructure (including a vote tabulation system), or actually or imminently jeopardizes, without lawful authority, such an information system of election infrastructure.
removed
Federal election— The term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3))).
removed
Federal entity— The term Federal entity means any agency (as defined in section 551 of title 5, United States Code).
removed
Local election official— The term local election official means the chief election official of a component of a unit of local government of a State that is responsible for administering Federal elections.
removed
Secretary— The term Secretary means the Secretary of Homeland Security.
removed
State— The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141), as amended by section 138.
removed
State election official— The term State election official means—
removed
the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509); or
removed
in the case of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act.
removed
Effective date— This section shall apply with respect to information about an election cybersecurity incident which is received on or after the date of the enactment of this Act.
Sec. 503 Census Monitoring Board
Short title— This section may be cited as the “Citizen Census Monitoring Board Permanent Authorization Act of 2023”.
Findings— Congress finds the following:
The 2020 decennial census of population was conducted amongst unique and difficult circumstances which have caused many of its results to be questioned as regards their accuracy and legality.
Privacy limitations prevent the decennial census from being a transparent process, therefore limiting the ability of the public and even Congress or the courts from effectively monitoring the entire census process.
Only an independent bipartisan Board with the same access to data and documentation as the Bureau of the Census itself can effectively monitor the decennial census process.
Therefore, in order to achieve these goals, the Congress finds that a bipartisan Census Monitoring Board should be established.
Establishment— There shall be established a board to be known as the Census Monitoring Board (in this section referred to as the “Board”).
changed
Duties— The function of the Board shall be to review all aspects of the preparation and implementation, data and results, and all post-enumeration activities and procedures, of the 2020 decennial census of population under section 141 of title 13, United States Code Code, (including all dress rehearsals and other simulations of a census in preparation therefor), therefor) and observe and monitor all aspects of the preparation and implementation of the 2030 decennial census and each decennial census thereafter (including all dress rehearsals and other simulations of a census in preparation therefor).
Members—
In general— The Board shall be composed of 6 members, appointed as follows:
One individual appointed by the majority leader of the Senate.
Two individuals appointed by the Speaker of the House of Representatives.
One individual appointed by the minority leader of the Senate.
Two individuals appointed by the minority leader of the House of Representatives.
Appointment— Each member of the Board shall be appointed within 60 days after the date of the enactment of this Act. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Members of the Board’s terms shall expire when the Houses of Congress are reorganized, except that a member shall continue to serve as a member until their replacement is appointed.
Compensation— Members shall not be entitled to any pay by reason of their service on the Board, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
Bipartisan— The Board shall be bipartisan and each party’s appointees shall caucus separately and elect a co-chair from each caucus.
Meetings— The Board shall meet at the call of either co-chair.
Quorum— A quorum shall consist of four members of the Board.
Regulations— The Board may promulgate any regulations necessary to carry out its duties.
Executive directors—
In general— Each caucus of the Board shall have an executive director who shall be appointed by the members of the two most numerous caucuses, each of whom shall be paid at a rate not to exceed level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Staff and services—
In general— Subject to such rules as the Board may prescribe, each executive director—
may appoint and fix the pay of such additional personnel as that executive director considers appropriate; and
may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS–15 of the General Schedule.
Board rules— Such rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staff of the Board.
Board staff— The staff of the Board shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates).
changed
Facilities— The Administrator of the General Services Administration, in coordination with the Secretary of Commerce, shall locate suitable office space for the operation of the Board in the headquarters of the Bureau of the Census in Suitland, Maryland. Maryland, or its successor location. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board.
Other authorities—
Hearings— For the purpose of carrying out its duties, the Board may hold such hearings (at the call of either co-chair) and undertake such other activities as the Board determines to be necessary to carry out its duties.
Access to information—
In general— Each co-chair of the Board and any Board staff who may be designated by the Board under this subparagraph shall be granted access to any data, files, information, or other matters maintained by the Bureau of the Census (or received by it in the course of conducting a decennial census of population) which they may request, subject to such regulations as the Board may prescribe in consultation with the Secretary of Commerce. No information may be withheld pursuant to title 13, United States Code, and all members of the Board and Board staff shall be sworn to protect the confidentiality and privilege of all data and information protected by such title.
Agency information— The Board or the co-chairs acting jointly may secure directly from any other Federal agency, including the White House, all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co-chairs, the head of that agency (or other person duly designated for purposes of this paragraph) shall furnish that information to the Board.
Regulations— The Board shall prescribe regulations under which any member of the Board or of its staff, and any person whose services are procured under subsection (e)(2)(A)(ii), who gains access to any information or other matter pursuant to this subsection shall, to the extent that any provisions of section 9 or section 214 of title 13, United States Code, would apply with respect to such matter in the case of an employee of the Department of Commerce, be subject to such provisions.
Detail authority— Upon the request of the Board, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Board to assist the Board in carrying out its duties. Any such detail of a Federal employee under this paragraph shall not interrupt or otherwise affect the civil service status or privileges of the employee.
Technical assistance— Upon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties.
Use of mails— The Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code.
Support services— Upon request of the Board, the Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
Printing costs— For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Publishing Office, the Board shall be deemed to be a committee of the Congress.
Reports—
2020 census— The Board shall transmit to the Congress—
interim reports, with the first such report due by April 1, 2024;
additional reports, the first of which shall be due by February 1, 2025, the second of which shall be due by April 1, 2025, and subsequent reports at least semiannually thereafter;
a final report on the 2020 Census shall be due by September 1, 2025; and
any other reports which the Board or either co-chair considers appropriate.
Subsequent censuses— With respect to the 2030 decennial census of population and each decennial census thereafter, the Board shall transmit to Congress—
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an interim report due not later than September 1 of the second year following the year in which a decennial census occurs;occurs; and
a final report not later than September 1 of the third year following the year in which a decennial census occurs; and
any other reports which the Board or either co-chair considers appropriate.
Final report contents— A final report under paragraph (1)(C) or (2)(B) shall contain a detailed statement of the findings and conclusions of the Board with respect to the matters described in subsection (c).
Report contents— In addition to any matter otherwise required under this subsection, each such report shall address, with respect to the period covered by such report—
the degree to which efforts of the Bureau of the Census to prepare to conduct the decennial census—
shall achieve maximum possible accuracy at every level of geography;
shall be taken by means of an enumeration process designed to count every individual possible;
shall be free from political bias and arbitrary decisions; and
comply with all legal and constitutional requirements; and
efforts by the Bureau of the Census intended to contribute to enumeration improvement, specifically in connection with—
computer modernization and the appropriate use of automation;
address list development;
outreach and promotion efforts at all levels designed to maximize response rates, especially among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community and other groups);
establishment and operation of field offices; and
efforts relating to the recruitment, hiring, and training of enumerators.
Availability of data and information— Any data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of Congress of appropriate jurisdiction upon request of the chair or ranking minority member of such committee or subcommittee. No such committee or subcommittee, or member thereof, shall disclose any information obtained under this paragraph which is submitted to it on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
Use of contractors— The Board shall study and submit to Congress, as part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census.
Accuracy of census— To the extent practicable, members of the Board shall work to promote the most accurate and complete decennial census possible by using their positions to publicize the need for full and timely responses to decennial census questionnaires.
Limitation on Board members and staff—
In general— No individual described in paragraph (2) may—
be appointed or serve as a member of the Board or as a member of the staff of the Board; or
enter into any contract with the Board.
Individuals covered— An individual described in this paragraph is any individual who is serving or who has ever served—
as the Director of the Census; or
with any committee or subcommittee of either House of Congress having jurisdiction over any aspect of the decennial census as—
a Member of Congress; or
a congressional employee.
Exception for use of information— Section 9(a) of title 13, United States Code, is amended in the matter before paragraph (1)—
by striking “or section 210” and inserting “, section 210”;
by striking “1998 or” and inserting “1998,”; and
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by striking “1997” and inserting “, or section 502 of the ACE American Confidence in Elections Act”.
Authorization of appropriations— There is authorized to be appropriated $7,500,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section.