[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4494 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4494

To promote election integrity, voter confidence, and faith in elections 
  by removing Federal impediments to, providing State tools for, and 
   establishing voluntary considerations to support effective State 
      administration of Federal elections and improving election 
  administration in the District of Columbia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2023

Ms. Lee of Florida introduced the following bill; which was referred to 
     the Committee on House Administration, and in addition to the 
  Committees on the Judiciary, Oversight and Accountability, Science, 
Space, and Technology, Ways and Means, and Education and the Workforce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To promote election integrity, voter confidence, and faith in elections 
  by removing Federal impediments to, providing State tools for, and 
   establishing voluntary considerations to support effective State 
      administration of Federal elections and improving election 
  administration in the District of Columbia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Faith in Our Elections 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
         TITLE I--FINDINGS RELATING TO ELECTION ADMINISTRATION

Sec. 101. Findings Relating to Election Administration.
TITLE II--VOLUNTARY CONSIDERATIONS FOR STATE ADMINISTRATION OF FEDERAL 
                               ELECTIONS

Sec. 111. Short title.
Sec. 112. Election integrity voluntary considerations.
TITLE III--REQUIREMENTS TO PROMOTE INTEGRITY IN ELECTION ADMINISTRATION

Sec. 121. Ensuring only eligible American citizens may participate in 
                            Federal elections.
Sec. 122. State reporting requirements with respect to voter list 
                            maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools 
                            for State use.
Sec. 125. Confirming access for Congressional election observers.
Sec. 126. Use of requirements payments for post-election audits.
Sec. 127. Certain tax benefits and simplification with respect to 
                            election workers.
Sec. 128. Voluntary guidelines with respect to nonvoting election 
                            technology.
Sec. 129. Status reports by National Institute of Standards and 
                            Technology.
Sec. 130. Requirements with respect to election mail.
Sec. 131. Clarification of right of State to appeal decisions through 
                            duly authorized representative.
Sec. 132. Federal agency involvement in voter registration activities.
Sec. 133. Prohibition on use of Federal funds for election 
                            administration in States that permit ballot 
                            harvesting.
Sec. 134. Clarification with respect to Federal election record-keeping 
                            requirement.
Sec. 135. Clarification of rules with respect to hiring of election 
                            workers.
Sec. 136. United States Postal Service coordination with States to 
                            ensure mailing addresses.
Sec. 137. State defined.
 TITLE IV--DISTRICT OF COLUMBIA ELECTION INTEGRITY AND VOTER CONFIDENCE

Sec. 141. Short title.
Sec. 142. Requirements for elections in District of Columbia.
Sec. 143. Effective date.
     TITLE V--ADMINISTRATION OF THE ELECTION ASSISTANCE COMMISSION

Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election 
                            Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the 
                            Election Assistance Commission.
Sec. 154. General requirements for payments made by Election Assistance 
                            Commission.
Sec. 155. Executive Board of the Standards Board authority to enter 
                            into contracts.
Sec. 156. Election Assistance Commission primary role in election 
                            administration.
 TITLE VI--PROHIBITION ON INVOLVEMENT IN ELECTIONS BY FOREIGN NATIONALS

Sec. 161. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
Sec. 162. Prohibiting providing assistance to foreign nationals in 
                            making contributions or donations in 
                            connection with elections.
 TITLE VII--CONSTITUTIONAL EXPERTS PANEL WITH RESPECT TO PRESIDENTIAL 
                               ELECTIONS

Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.

         TITLE I--FINDINGS RELATING TO ELECTION ADMINISTRATION

SEC. 101. FINDINGS RELATING TO ELECTION ADMINISTRATION.

    (a) Sense of Congress.--It is the sense of Congress that 
constitutional scholar Robert Natelson has done invaluable work with 
respect to the history and understanding of the Elections Clause.
    (b) Findings.--Congress finds the following:
            (1) The Constitution reserves to the States the primary 
        authority to set election legislation and administer 
        elections--the ``times, places, and manner of holding of 
        elections''--and Congress' power in this space is purely 
        secondary to the States' power and is to be employed only in 
        the direst of circumstances. History, precedent, the Framers' 
        words, debates concerning ratification, the Supreme Court, and 
        the Constitution itself make it exceedingly clear that 
        Congress' power over elections is not unfettered.
            (2) The Framing Generation grappled with the failure of the 
        Articles of Confederation, which provided for only a weak 
        national government incapable of preserving the Union. Under 
        the Articles, the States had exclusive authority over Federal 
        elections held within their territory; but, given the 
        difficulties the national government had experienced with State 
        cooperation (e.g., the failure of Rhode Island to send 
        delegates to the Confederation Congress), the Federalists, 
        including Alexander Hamilton, were concerned with the 
        possibility that the States, in an effort to destroy the 
        Federal Government, simply might not hold elections or that an 
        emergency, such as an invasion or insurrection, might prevent 
        the operation of a State's government, leaving the Congress 
        without Members and the Federal Government unable to respond.
            (3) Quite plainly, Alexander Hamilton, a leading Federalist 
        and proponent of our Constitution, understood the Elections 
        Clause as serving only as a sort of emergency fail-safe, not as 
        a cudgel used to nationalize our elections process. Writing as 
        Publius to the people of New York, Hamilton further expounds on 
        the correct understanding of the Elections Clause: ``T[he] 
        natural order of the subject leads us to consider, in this 
        place, that provision of the Constitution which authorizes the 
        national legislature to regulate, in the last resort, the 
        election of its own members.''. Alexander Hamilton (writing as 
        Publius), Federalist no. 59, Concerning the Power of Congress 
        to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 
        22, 1788).
            (4) When questioned at the States' constitutional ratifying 
        conventions with respect to this provision, the Federalists 
        confirmed this understanding of a constitutionally limited, 
        secondary congressional power under article 1, section 4. 
        (``[C]onvention delegate James McHenry added that the risk to 
        the Federal Government [without a fail-safe provision] might 
        not arise from state malice: An insurrection or rebellion might 
        prevent a state legislature from administering an election.''); 
        (``An occasion may arise when the exercise of this ultimate 
        power of Congress may be necessary . . . if a State should be 
        involved in war, and its legislature could not assemble, (as 
        was the case of South Carolina and occasionally of some other 
        States, during the [Revolutionary] war).''); (``Sir, let it be 
        remembered that this power can only operate in a case of 
        necessity, after the factious or listless disposition of a 
        particular state has rendered an interference essential to the 
        salvation of the general government.''). See Robert G. 
        Natelson, The Original Scope of the Congressional Power to 
        Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov. 
        2010).
            (5) John Jay made similar claims in New York. And, as 
        constitutional scholar Robert Natelson notes in his invaluable 
        article, The Original Scope of the Congressional Power to 
        Regulate Elections, ``Alexander Contee Hanson, a member of 
        Congress whose pamphlet supporting the Constitution proved 
        popular, stated flatly that Congress would exercise its times, 
        places, and manner authority only in cases of invasion, 
        legislative neglect or obstinate refusal to pass election laws 
        [providing for the election of Members of Congress], or if a 
        state crafted its election laws with a `sinister purpose' or to 
        injure the general government.'' Cementing his point, Hanson 
        goes further to decree, ``The exercise of this power must at 
        all times be so very invidious, that congress will not venture 
        upon it without some very cogent and substantial reason.''. 
        Alexander Contee Hanson (writing as Astrides), Remarks on the 
        Proposed Plan: 31 January, reprinted in John P. Kaminski, 
        Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries 
        on the Constitution, public and private 18 December 1787 to 31 
        January 1788 522-26 (1984).
            (6) In fact, had the alternate view of the Elections Clause 
        been accepted at the time of the Constitution's drafting--that 
        is, that it offers Congress unfettered power over Federal 
        elections--it is likely that the Constitution would not have 
        been ratified or that an amendment to this language would have 
        been required.
            (7) Indeed, at least seven of the original 13 States--over 
        half and enough to prevent the Constitution from being 
        ratified--expressed specific concerns with the language of the 
        Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph 
        Gales (ed.) (1834). However, ``[l]eading Federalists . . .'' 
        assured them ``. . . that, even without amendment, the 
        [Elections] Clause should be construed as limited to 
        emergencies''. Three States, New York, North Carolina, and 
        Rhode Island, specifically made their ratification contingent 
        on this understanding being made express. Ratification of the 
        Constitution by the State of New York (July 26, 1788) (``Under 
        these impressions and declaring that the rights aforesaid 
        cannot be abridged or violated, and the Explanations aforesaid 
        are consistent with the said Constitution, And in confidence 
        that the Amendments which have been proposed to the said 
        Constitution will receive early and mature Consideration: We 
        the said Delegates, in the Name and in [sic] the behalf of the 
        People of the State of New York Do by these presents Assent to 
        and Ratify the said Constitution. In full Confidence . . . that 
        the Congress will not make or alter any Regulation in this 
        State respecting the times places and manner of holding 
        Elections for Senators or Representatives unless the 
        Legislature of this State shall neglect or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same, and that in those cases such 
        power will only be exercised until the Legislature of this 
        State shall make provision in the Premises''); Ratification of 
        the Constitution by the State of North Carolina (Nov. 21, 1789) 
        (``That Congress shall not alter, modify, or interfere in the 
        times, places, or manner of holding elections for senators and 
        representatives, or either of them, except when the legislature 
        of any State shall neglect, refuse or be disabled by invasion 
        or rebellion, to prescribe the same.''); Ratification of the 
        Constitution by the State of Rhode Island (May 29, 1790) 
        (``Under these impressions, and declaring, that the rights 
        aforesaid cannot be abridged or violated, and that the 
        explanations aforesaid, are consistent with the said 
        constitution, and in confidence that the amendments hereafter 
        mentioned, will receive an early and mature consideration, and 
        conformably to the fifth article of said constitution, speedily 
        become a part thereof; We the said delegates, in the name, and 
        in [sic] the behalf of the People, of the State of Rhode-Island 
        and Providence-Plantations, do by these Presents, assent to, 
        and ratify the said Constitution. In full confidence . . . That 
        the Congress will not make or alter any regulation in this 
        State, respecting the times, places and manner of holding 
        elections for senators and representatives, unless the 
        legislature of this State shall neglect, or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same; and that [i]n those cases, such 
        power will only be exercised, until the legislature of this 
        State shall make provision in the Premises[.]'').
            (8) Congress finds that the Framers designed and the 
        ratifying States understood the Elections Clause to serve 
        solely as a protective backstop to ensure the preservation of 
        the Federal Government, not as a font of limitless power for 
        Congress to wrest control of Federal elections from the States.
            (9) This understanding was also reinforced by debate during 
        the First Congress that convened under the Constitution where 
        Representative Aedanus Burke proposed a constitutional 
        amendment to limit the Times, Places and Manner Clause to 
        emergencies. Although the amendment failed, those on both sides 
        of the Burke amendment debate already understood the Elections 
        Clause to limit Federal elections power to emergencies.
            (10) History clearly shows that even in the first Congress 
        that convened under the Constitution, it was acknowledged and 
        understood through the debates that ensued over the Elections 
        Clause provision that Congress' control over elections is 
        limited.
            (11) Similarly, proponent Representative Smith of South 
        Carolina also believed the original text of the Elections 
        Clause already limited the Federal Government's power over 
        Federal elections to emergencies and so thought there would be 
        no harm in supporting an amendment to make that language 
        express. Annals of Congress 801 (1789) Joseph Gales Edition. A 
        Century of Lawmaking for a New Nation: U.S. Congressional 
        Documents and Debates, 1774-1875 (loc.gov). So, even the 
        records of the First Congress reflect a recognition of the 
        emergency nature of congressional power over Federal elections.
            (12) Similarly, the Supreme Court has supported this 
        understanding. In Smiley v. Holm, the Court held that Article 
        1, Section 4 of the Constitution reserved to the States the 
        primary ``. . . authority to provide a complete code for 
        congressional elections, not only as to times and places, but 
        in relation to notices, registration, supervision of voting, 
        protection of voters, prevention of fraud and corrupt 
        practices, counting of votes, duties of inspectors and 
        canvassers, and making and publication of election returns; in 
        short, to enact the numerous requirements as to procedure and 
        safeguards which experience shows are necessary in order to 
        enforce the fundamental right involved. And these requirements 
        would be nugatory if they did not have appropriate sanctions in 
        the definition of offenses and punishments. All this is 
        comprised in the subject of `times, places and manner of 
        holding elections', and involves lawmaking in its essential 
        features and most important aspect.''. Smiley v. Holm, 285 U.S. 
        355, 366 (1932).
            (13) This holding is consistent with the understanding of 
        the Elections Clause since the framing of the Constitution. The 
        Smiley Court also held that while Congress maintains the 
        authority to ``. . . supplement these State regulations or [to] 
        substitute its own[]'', such authority remains merely ``a 
        general supervisory power over the whole subject.''. Id.
            (14) More recently, the Court noted in Arizona v. Inter-
        Tribal Council of Ariz., Inc. that ``[t]his grant of 
        congressional power [that is, the fail-safe provision in the 
        Elections Clause] was the Framers' insurance against the 
        possibility that a State would refuse to provide for the 
        election of representatives to the Federal Congress.''. Arizona 
        v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9 
        (2013). The Court explained that the Elections Clause ``. . . 
        imposes [upon the States] the duty . . . to prescribe the time, 
        place, and manner of electing Representatives and 
        Senators[.]''. Id. at 8. And, while, as the Court noted, 
        ``[t]he power of Congress over the `Times, Places, and Manner' 
        of congressional elections is paramount, and may be exercised 
        at any time, and to any extent which it deems expedient; and so 
        far as it is exercised, and no farther, the regulations 
        effected supersede those of the State which are inconsistent 
        therewith[]'', Id. at 9, the Inter-Tribal Court explained, 
        quoting extensively from the Federalist no. 59, that it was 
        clear that the congressional fail-safe included in the 
        Elections Clause was intended for the sorts of governmental 
        self-preservation discussed here: ``[E]very government ought to 
        contain in itself the means of its own preservation[.]''; 
        ``[A]n exclusive power of regulating elections for the national 
        government, in the hands of the State legislatures, would leave 
        the existence of the Union entirely at their mercy. They could 
        at any moment annihilate it by neglecting to provide for the 
        choice of persons to administer its affairs.''. Id. at 8.
            (15) It is clear in every respect that the congressional 
        fail-safe described in the Elections Clause vests purely 
        secondary authority over Federal elections in the Federal 
        legislative branch and that the primary authority rests with 
        the States. Congressional authority is intended to be, and as a 
        matter of constitutional fact is, limited to addressing the 
        worst imaginable issues, such as invasion or other matters that 
        might lead to a State not electing representatives to 
        constitute the two Houses of Congress. Congress' authority has 
        never extended to the day-to-day authority over the ``Times, 
        Places and Manner of Election'' that the Constitution clearly 
        reserves to the States.
            (16) Congress must act within the bounds of its 
        constitutional authority when enacting legislation concerning 
        the administration of our nation's elections.

TITLE II--VOLUNTARY CONSIDERATIONS FOR STATE ADMINISTRATION OF FEDERAL 
                               ELECTIONS

SEC. 111. SHORT TITLE.

    This title may be cited as the ``Voluntarily Offered Tools for 
Election Reforms by States Act'' or the ``VOTERS Act''.

SEC. 112. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
            (1) by redesignating section 247 as section 248; and
            (2) by inserting after section 246 the following new 
        section:

``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD WITH 
              RESPECT TO ELECTION ADMINISTRATION.

    ``(a) In General.--The Standards Board shall draw from experiences 
in their home jurisdictions and information voluntarily provided by and 
between States on what has worked and not worked and release voluntary 
considerations with respect to the administration of an election for 
Federal office.
    ``(b) Matters To Consider.--In releasing the voluntary 
considerations under subsection (a), the Standards Board 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; and
                    ``(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.
            ``(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 prior to the use 
        of such machines in an election for Federal office, including 
        education with respect to how such machines are tested for 
        accuracy and logic.
            ``(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.
    ``(c) Release of Voluntary Considerations.--
            ``(1) Deadline for release.--Not later than 6 months after 
        the date of the enactment of the ACE Act, the Standards Board 
        shall release voluntary considerations with respect to each of 
        the categories described in subsection (b).
            ``(2) Transmission and notification requirements.--Not 
        later than 15 days after the date the Standards Board releases 
        voluntary considerations with respect to a category described 
        in subsection (b), the Commission shall--
                    ``(A) transmit the considerations to the chief 
                State election official of each State and the elected 
                leadership of the legislature of each State, including 
                the elected leadership of any committee of the 
                legislature of a State with jurisdiction with respect 
                to elections;
                    ``(B) make the considerations available on a 
                publicly accessible Government website; and
                    ``(C) notify and transmit the considerations to the 
                chair and ranking minority member of the Committee on 
                House Administration of the House of Representatives 
                and the chair and ranking minority member of the 
                Committee on Rules and Administration of the Senate.
    ``(d) Use of Requirements Payments for Implementation of Voluntary 
Considerations.--A State may use a requirements payment provided under 
this Act 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 to treat compliance with such considerations as a defense 
        against an alleged violation of such Act.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the item relating to section 247 as 
        relating to section 248; and
            (2) by inserting after the item relating to section 246 the 
        following new item:

``Sec. 247. Release of voluntary considerations by Standards Board with 
                            respect to election administration.''.

TITLE III--REQUIREMENTS TO PROMOTE INTEGRITY IN ELECTION ADMINISTRATION

SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN 
              FEDERAL ELECTIONS.

    (a) Short Title.--This section may be cited as the ``Non-Citizens: 
Outlawed from Voting in Our Trusted Elections Act of 2023'' or the ``NO 
VOTE for Non-Citizens Act of 2023''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Every eligible person who wishes to cast a 
                ballot in a Federal election must be permitted to do so 
                according to law, and their ballot must be examined 
                according to law, and, if it meets all lawful 
                requirements, counted.
                    (B) Congress has long required States to maintain 
                Federal voter registration lists in a manner that 
                promotes voter confidence.
                    (C) The changes included herein are not intended to 
                be an expansion of Federal power but rather a 
                clarification of State authority.
                    (D) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (E) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (F) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
                    (G) Since the Constitution prohibits non-citizens 
                from voting in Federal elections, such ineligible 
                persons must not be permitted to be placed on Federal 
                voter registration lists.
                    (H) Improper placement of an ineligible non-citizen 
                on a Federal voter registration list leads to--
                            (i) confusion on the part of the ineligible 
                        person with respect to their ineligibility to 
                        cast a ballot; and
                            (ii) an increased likelihood that human 
                        error will permit ineligible persons to cast 
                        ballots in Federal elections.
                    (I) State officials have confirmed that poorly 
                maintained voter registration lists lead to ineligible 
                persons casting ballots in Federal elections.
                    (J) A former Broward County, Florida, elections 
                supervisor has confirmed that ineligible non-voters 
                were able to cast ballots in previous elections and 
                that she was not able to locate as many as 2,040 
                ballots during the 2018 midterm recount.
                    (K) This clarification of State authority to 
                maintain Federal voter registration lists to ensure 
                non-citizens are not included on such lists will 
                promote voter confidence in election processes and 
                outcomes.
                    (L) Congress has the authority to ensure that no 
                Federal elections funding is used to support States 
                that permit non-citizens to cast ballots in any 
                election.
                    (M) Federal courts and executive agencies have much 
                of the information States may need to maintain their 
                Federal voter registration lists, and those entities 
                should make that information accessible to State 
                election authorities.
                    (N) It is important to clarify the penalty for any 
                violation of law that allows a non-citizen to cast a 
                ballot in a Federal election.
                    (O) To protect the confidence of voters in Federal 
                elections, it is important to implement the policy 
                described herein.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) many States have not adequately met the 
                requirements concerning the removal of ineligible 
                persons from State voter registration rolls pursuant to 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and should strive to audit and 
                update their voter registration rolls on a routine 
                basis;
                    (B) allowing non-citizens to cast ballots in 
                American elections weakens our electoral system and the 
                value of citizenship and sows distrust in our elections 
                system;
                    (C) even if a State has the sovereign authority, no 
                State should permit non-citizens to cast ballots in 
                State or local elections;
                    (D) States should use all information available to 
                them to maintain Federal voter registration lists and 
                should inform Congress if such data is insufficient; 
                and
                    (E) Congress may take further action in the future 
                to address this problem.
    (c) Clarifying Authority of States To Remove Noncitizens From 
Voting Rolls.--
            (1) Authority under regular removal programs.--Section 
        8(a)(4) of the National Voter Registration Act of 1993 (52 
        U.S.C. 20507(a)(4)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) the registrant's status as a noncitizen of 
                the United States; or''.
            (2) Conforming amendment relating to ongoing removal.--
        Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) 
        is amended by striking ``(4)(A)'' and inserting ``(4)(A) or 
        (B)''.
    (d) Requirement To Maintain Separate State Voter Registration List 
for Noncitizens.--Section 8(a) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20507(a)) is amended--
            (1) in paragraph (5)(B), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in the case of a State that allows individuals who 
        are not citizens of the United States to vote in elections for 
        public office in the State or any local jurisdiction of the 
        State, ensure that the name of any registrant who is not a 
        citizen of the United States is maintained on a voter 
        registration list that is separate from the official list of 
        eligible voters with respect to registrants who are citizens of 
        the United States.''.
    (e) Requirements for Ballots for State or Local Jurisdictions That 
Allow Noncitizen Voting.--Section 301(a)(1) of the Help America Vote 
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) In the case of a State or local jurisdiction 
                that allows individuals who are not citizens of the 
                United States to vote in elections for public office in 
                the State or local jurisdiction, the ballot used for 
                the casting of votes by a noncitizen in such State or 
                local jurisdiction may only include the candidates for 
                the elections for public office in the State or local 
                jurisdiction for which the noncitizen is permitted to 
                vote.''.
    (f) Reduction in Payments for Election Administration to States or 
Local Jurisdictions That Allow Noncitizen Voting.--
            (1) In general.--Title IX of the Help America Vote Act of 
        2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end 
        the following new section:

``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT 
              ALLOW NONCITIZEN VOTING.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the amount of a payment under this Act to any State or local 
jurisdiction that allows individuals who are not citizens of the United 
States to vote in elections for public office in the State or local 
jurisdiction shall be reduced by 30 percent.
    ``(b) Prohibition on Use of Funds for Certain Election 
Administration Activities.--Notwithstanding any other provision of law, 
no Federal funds may be used to implement the requirements of section 
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C. 
20507(a)(7)) (as added by section 121(d) of the American Confidence in 
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the 
American Confidence in Elections Act) in a State or local jurisdiction 
that allows individuals who are not citizens of the United States to 
vote in elections for public office in the State or local 
jurisdiction.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 907. Reduction in payments to States or local jurisdictions that 
                            allow noncitizen voting.''.
    (g) Promoting Provision of Information by Federal Entities.--
            (1) In general.--Each entity of the Federal Government 
        which maintains information which is relevant to the status of 
        an individual as a registered voter in elections for Federal 
        office in a State shall, upon the request of an election 
        official of the State, provide that information to the election 
        official.
            (2) Policies and procedures.--Consistent with section 
        3506(g) of title 44, United States Code, an entity of the 
        Federal Government shall carry out this subsection in 
        accordance with policies and procedures which will ensure that 
        the information is provided securely, accurately, and in a 
        timely basis.
            (3) Conforming amendment relating to coverage under privacy 
        act.--Section 552a(b) of title 5, United States Code, is 
        amended--
                    (A) by striking ``or'' at the end of paragraph 
                (11);
                    (B) by striking the period at the end of paragraph 
                (12) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) to an election official of a State in accordance 
        with section 121(h) of the American Confidence in Elections 
        Act.''.
    (h) Ensuring Provision of Information to State Election Officials 
on Individuals Recused From Jury Service on Grounds of 
Noncitizenship.--
            (1) Requirement described.--If a United States district 
        court recuses an individual from serving on a jury on the 
        grounds that the individual is not a citizen of the United 
        States, the court shall transmit a notice of the individual's 
        recusal--
                    (A) to the chief State election official of the 
                State in which the individual resides; and
                    (B) to the Attorney General.
            (2) Definitions.--For purposes of this subsection--
                    (A) the ``chief State election official'' of a 
                State is the individual designated by the State under 
                section 10 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20509) to be responsible for 
                coordination of the State's responsibilities under such 
                Act; and
                    (B) the term ``State'' 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.
    (i) Prohibition on Voting by Noncitizens in Federal Elections.--
            (1) In general.--Section 12 of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20511) is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Prohibition on Voting by Aliens.--
            ``(1) In general.--It shall be unlawful for any alien to 
        vote in any election in violation of section 611 of title 18, 
        United States Code.
            ``(2) Penalties.--Any person who violates this subsection 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 1 year, or both.''.
            (2) Effective date.--This subsection and the amendments 
        made by this subsection shall apply with respect to elections 
        held on or after the date of the enactment of this Act.

SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST 
              MAINTENANCE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) in subsection (i), by adding at the end the following:
    ``(3) The records maintained pursuant to paragraph (1) shall 
include lists of the names and addresses of all registrants in a State 
who were inactive according to the criteria described in subsection 
(d)(1)(B) and the length of time each such registrant has been inactive 
according to such criteria.'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance 
Commission a report that includes, with respect to such State during 
the preceding 2-year period, the total number of--
            ``(1) registrants who were inactive according to the 
        criteria described in subsection (d)(1)(B) and the length of 
        time each such registrant has been inactive according to such 
        criteria;
            ``(2) registrants who voted in at least one of the prior 2 
        consecutive general elections for Federal office;
            ``(3) registrants removed from the list of official voters 
        in the State pursuant to subsection (d)(1)(B);
            ``(4) notices sent to registrants pursuant to subsection 
        (d)(2); and
            ``(5) registrants who received a notice described in 
        paragraph (4) who responded to such notice.''.

SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.

    (a) Short Title.--This section may be cited as the ``State 
Instruction Inclusion Act''.
    (b) In General.--Section 6(a) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20505(a)) is amended--
            (1) in paragraph (1), by inserting ``, except that a State 
        may, in addition to the criteria stated in section 9(b), 
        require that an applicant provide proof that the applicant is a 
        citizen of the United States'' after ``elections for Federal 
        office''; and
            (2) in paragraph (2), by inserting ``and such form may 
        include a requirement that the applicant provide proof that the 
        applicant is a citizen of the United States'' after ``elections 
        for Federal office''.

SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS 
              FOR STATE USE.

    (a) Short Title.--This section may be cited as the ``Citizen Vote 
Protection Act''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Photo voter identification programs established 
                by the States should be administered without unlawful 
                discrimination and with an eye toward balancing 
                appropriate access to the ballot box with election 
                integrity and voter confidence goals.
                    (B) As confirmed by the bipartisan Commission on 
                Federal Election Reform (commonly known as the Carter-
                Baker Commission), ``[v]oters in nearly 100 democracies 
                use a photo identification card without fear of 
                infringement of their rights''.
                    (C) As confirmed by the Carter-Baker Commission, 
                ``[t]he right to vote is a vital component of U.S. 
                citizenship and all States should use their best 
                efforts to obtain proof of citizenship before 
                registering voters.''.
                    (D) The Carter-Baker Commission was correct in its 
                2005 report when it recommended that the REAL ID Act be 
                ``modestly adapted for voting purposes to indicate on 
                the front or back whether the individual is a U.S. 
                citizen.''.
                    (E) Congress acknowledges the important work 
                completed by the Carter-Baker Commission and, by 
                amending the REAL ID Act, resolves the concerns in the 
                Commission's report that ``[t]he REAL ID Act does not 
                require that the card indicates citizenship, but that 
                would need to be done if the card is to be used for 
                voting purposes''.
                    (F) Photographic voter identification is important 
                for ensuring voter confidence in election processes and 
                outcomes.
                    (G) Requiring photographic voter identification is 
                well within States' constitutional competence, 
                including pursuant to the Qualifications Clause of the 
                Constitution of the United States (article I, section 
                2, clause 2), the Presidential Electors Clause of the 
                Constitution (article II, section 1, clause 2), and the 
                Seventeenth Amendment.
                    (H) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (I) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (J) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
            (2) Sense of congress.--It is the sense of Congress that 
        the States should implement the substance of the recommendation 
        of the Carter-Baker Commission that, ``[t]o ensure that persons 
        presenting themselves at the polling place are the ones on the 
        registration list, the Commission recommends that states 
        [encourage] voters to use the REAL ID card, which was mandated 
        in a law signed by the President in May 2005''.
    (c) REAL ID Act Amendment.--
            (1) Amendment.--Section 202(b) of the Real ID Act of 2005 
        (49 U.S.C. 30301 note) is amended by adding at the end the 
        following new paragraph:
            ``(10) If the person is a citizen of the United States, an 
        indication of that citizenship, except that no other 
        information may be included with respect to the immigration 
        status of the person.''.
            (2) Applicability.--The amendment made by this subsection 
        shall be effective January 1, 2026, and shall apply with 
        respect to any driver's license or identification card issued 
        by a State on and after such date.
    (d) Rule of Construction.--Nothing in this section or in any 
amendment made by this section may be construed to establish or mandate 
the use of a national identification card or to authorize any office of 
the executive branch to establish or mandate the use of a national 
identification card.

SEC. 125. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    (a) Short Title.--This section may be cited as the ``Confirmation 
of Congressional Observer Access Act of 2023'' or the ``COCOA Act of 
2023''.
    (b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
            (1) The Constitution delegates to each of House of the 
        Congress the authority to ``be the Judge of the Elections, 
        Returns and Qualifications of its own Members''.
            (2) While, in general, Congress shall respect the 
        determination of State authorities with respect to the election 
        of members to each House, each House of Congress serves as the 
        final arbiter over any contest to the seating of any putative 
        Member-elect or Senator-elect.
            (3) These election contest procedures are contained in the 
        precedents of each House of Congress. Further, for the House of 
        Representatives the procedures exist under the Federal 
        Contested Elections Act.
            (4) In the post-Civil War modern era, more than 100 
        election contests have been filed with the House of 
        Representatives.
            (5) For decades, Congress has appointed and sent out 
        official congressional observers to watch the administration of 
        congressional elections in the States and territories.
            (6) These observers serve to permit Congress to develop its 
        own factual record in preparation for eventual contests and for 
        other reasons.
            (7) This section and the amendments made by this section do 
        not establish any new authorities or procedures but are 
        provided simply to permit a convenient statutory reference for 
        existing Congressional authority and activity.
    (c) Confirming Requirement That States Provide Access.--Title III 
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is 
amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    ``(a) Finding of Constitutional Authority.--Congress finds that it 
has the authority to require that States allow access to designated 
Congressional election observers to observe the election administration 
procedures in an election for Federal office because the authority 
granted to Congress under article I, section 5 of the Constitution of 
the United States gives each House of Congress the power to be the 
judge of the elections, returns and qualifications of its own Members.
    ``(b) Requiring States To Provide Access.--A State shall provide 
each individual who is a designated Congressional election observer for 
an election with full access to clearly observe all of the elements of 
the administration procedures with respect to such election, including 
but not limited to in all areas of polling places and other facilities 
where ballots in the election are processed, tabulated, cast, 
canvassed, and certified, in all areas where voter registration 
activities occur before such election, and in any other such place 
where election administration procedures to prepare for the election or 
carry out any post-election recounts take place. No designated 
Congressional election observer may handle ballots, elections equipment 
(voting or non-voting), advocate for a position or candidate, take any 
action to reduce ballot secrecy, or otherwise interfere with the 
elections administration process.
    ``(c) Designated Congressional Election Observer Described.--In 
this section, a `designated Congressional election observer' is an 
individual who is designated in writing by the chair or ranking 
minority member of the Committee on House Administration of the House 
of Representatives or the Committee on Rules and Administration of the 
Senate, or the successor committee in either House of Congress to 
gather information with respect to an election, including in the event 
that the election is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, section 5 of the 
Constitution of the United States.''.
    (d) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (e) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following:

``Sec. 304. Confirming access for Congressional election observers.''.

SEC. 126. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION 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, 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'' after 
``requirements of title III''.

SEC. 127. CERTAIN TAX BENEFITS AND SIMPLIFICATION WITH RESPECT TO 
              ELECTION WORKERS.

    (a) Short Title.--This section may be cited as the ``Election 
Worker Employer Participation Act''.
    (b) Exclusion From Gross Income for Certain Election Worker 
Compensation.--
            (1) In general.--Part III of subchapter B of chapter 1 of 
        the Internal Revenue Code of 1986 is amended by inserting after 
        section 139H the following new section:

``SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORKERS.

    ``(a) In General.--Gross income shall not include qualified 
election worker compensation.
    ``(b) Limitation.--The amount excludible from gross income under 
subsection (a) with respect to any taxpayer for any taxable year shall 
not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv) 
for the calendar year in which such taxable year begins.
    ``(c) Qualified Election Worker Compensation.--For purposes of this 
section, the term `qualified election worker compensation' means 
amounts otherwise includible in gross income which are paid by a State, 
political subdivision of a State, or any instrumentality of a State or 
any political subdivision thereof, for the service of an individual as 
an election official or election worker (within the meaning of section 
3121(b)(7)(F)(iv)).''.
            (2) Clerical amendment.--The table of sections for part III 
        of subchapter B of chapter 1 of such Code is amended by 
        inserting after the item relating to section 139H the following 
        new item:

``Sec. 139I. Certain compensation of election workers.''.
    (c) Information Reporting Not Required by Reason of Certain Amounts 
Excludible From Gross Income.--Section 6041 of such Code is amended by 
adding at the end the following new subsection:
    ``(h) Treatment of Certain Excludible Compensation of Election 
Workers.--In the case of any payment by a State, political subdivision 
of a State, or any instrumentality of a State or any political 
subdivision thereof, for the service of an individual as an election 
official or election worker (within the meaning of section 
3121(b)(7)(F)(iv)), the determination of whether the $600 threshold 
described in subsection (a) has been met with respect to such 
individual shall be determined by not taking into account--
            ``(1) any such payment which is qualified election worker 
        compensation (as defined in section 139I(c)) which does not 
        exceed the limitation described in section 139I(b), and
            ``(2) any such payment which is excludible from the gross 
        income of such individual under section 127.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to payments made after December 31, 2023, in taxable years ending 
after such date.

SEC. 128. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION 
              TECHNOLOGY.

    (a) Short Title.--This section may be cited as the ``Protect 
American Voters Act''.
    (b) Adoption of Voluntary Guidelines by Election Assistance 
Commission.--
            (1) Adoption of guidelines.--Title II of the Help America 
        Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding 
        at the end the following new subtitle:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.

    ``(a) Adoption.--The Commission shall adopt voluntary guidelines 
for election officials on the use of nonvoting election technology, 
taking into account the recommendations of the Standards Board and the 
Local Leadership Council of the Commission under section 298A.
    ``(b) Review.--The Commission shall review the guidelines adopted 
under this subtitle not less frequently than once every 4 years, and 
may adopt revisions to the guidelines as it considers appropriate.
    ``(c) Process for Adoption.--The adoption of the voluntary 
guidelines under this subtitle shall be carried out by the Commission 
in a manner that provides for each of the following:
            ``(1) Publication of notice of the proposed guidelines in 
        the Federal Register.
            ``(2) An opportunity for public comment on the proposed 
        guidelines.
            ``(3) An opportunity for a public hearing on the record.
            ``(4) Publication of the final recommendations in the 
        Federal Register.
    ``(d) Deadline for Initial Set of Guidelines.--The Commission shall 
adopt the initial set of voluntary guidelines under this section not 
later than December 31, 2025.

``SEC. 298A. ROLE OF STANDARDS BOARD AND LOCAL LEADERSHIP COUNCIL.

    ``(a) Duties.--The Standards Board and the Local Leadership Council 
of the Commission shall assist the Commission in the adoption of 
voluntary guidelines under section 298, including by providing the 
Commission with recommendations on appropriate standards for the use of 
nonvoting election technology, including standards to ensure the 
security and accuracy, and promote the usability, of such technology, 
and by conducting a review of existing State programs with respect to 
the testing of nonvoting election technology.
    ``(b) Sources of Assistance.--
            ``(1) Certain members of technical guidelines development 
        committee.--The following members of the Technical Guidelines 
        Development Committee under section 221 shall assist the 
        Standards Board and the Local Leadership Council in carrying 
        out their duties under this section:
                    ``(A) The Director of the National Institute of 
                Standards and Technology.
                    ``(B) The representative of the American National 
                Standards Institute.
                    ``(C) The representative of the Institute of 
                Electrical and Electronics Engineers.
                    ``(D) The 4 members of the Technical Guidelines 
                Development Committee appointed under subsection 
                (c)(1)(E) of such section as the other individuals with 
                technical and scientific expertise relating to voting 
                systems and voting equipment.
            ``(2) Detailee from cisa.--The Executive Board of the 
        Standards Board may request the Director of the Cybersecurity 
        and Infrastructure Security Agency of the Department of 
        Homeland Security to provide a detailee to assist the Standards 
        Board in carrying out its duties under this section, so long as 
        such detailee has no involvement in the drafting of any of the 
        voluntary guidelines.

``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.

    ``A State may use funds provided under any law for activities to 
improve the administration of elections for Federal office, including 
to enhance election technology and make election security improvements, 
to obtain nonvoting election technology which is in compliance with the 
voluntary guidelines adopted under section 298 or to upgrade nonvoting 
election technology so that the technology is in compliance with such 
guidelines, and may, notwithstanding any other provision of law, use 
any unobligated grant funding provided to the State by the Election 
Assistance Commission from amounts appropriated under the heading 
`Independent Agencies--Election Assistance Commission--Election 
Security Grants' in title V of division C of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93) for the purposes of 
enhancing election technology and making election security improvements 
until December 31, 2024.

``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.

    ``In this subtitle, the term `nonvoting election technology' means 
technology used in the administration of elections for Federal office 
which is not used directly in the casting, counting, tabulating, or 
collecting of ballots or votes, including each of the following:
            ``(1) Electronic pollbooks or other systems used to check 
        in voters at a polling place or verify a voter's 
        identification.
            ``(2) Election result reporting systems.
            ``(3) Electronic ballot delivery systems.
            ``(4) Online voter registration systems.
            ``(5) Polling place location search systems.
            ``(6) Sample ballot portals.
            ``(7) Signature systems.
            ``(8) Such other technology as may be recommended for 
        treatment as nonvoting election technology as the Standards 
        Board may recommend.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        II the following:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board and Local Leadership Council.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
    (c) Treatment of Technology Used in Most Recent Election.--Any 
nonvoting election technology, as defined in section 298C of the Help 
America Vote Act of 2002 (as added by subsection (a)(1)), which a State 
used in the most recent election for Federal office held in the State 
prior to the date of the enactment of this Act shall be deemed to be in 
compliance with the voluntary guidelines on the use of such technology 
which are adopted by the Election Assistance Commission under section 
298 of such Act (as added by subsection (a)(1)).

SEC. 129. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) 
is amended by adding at the end the following new subsection:
    ``(e) Status Reports by National Institute of Standards and 
Technology.--Not later than 60 days after the end of each fiscal year 
(beginning with 2023), the Director of the National Institute of 
Standards and Technology shall submit to Congress a status report 
describing--
            ``(1) the extent to which the Director carried out the 
        Director's responsibilities under this Act during the fiscal 
        year, including the responsibilities imposed under this section 
        and the responsibilities imposed with respect to the Technical 
        Guidelines Development Committee under section 222, together 
        with the Director's best estimate of when the Director will 
        completely carry out any responsibility which was not carried 
        out completely during the fiscal year; and
            ``(2) the extent to which the Director carried out any 
        projects requested by the Commission during the fiscal year, 
        together with the Director's best estimate of when the Director 
        will complete any such project which the Director did not 
        complete during the fiscal year.''.

SEC. 130. REQUIREMENTS WITH RESPECT TO ELECTION MAIL.

    (a) Short Title.--This section may be cited as the ``Election 
Integrity Mail Reform Act of 2023''.
    (b) Prioritizing Election Mail.--Title 39, United States Code, is 
amended by adding after chapter 36 the following:

               ``CHAPTER 37--ELECTION AND POLITICAL MAIL

``Sec.
``3701. Prioritization of processing and delivery of election mail.
``3702. Use of nonprofit permit for cooperative mailings.
``3703. Marking or notice on election mail.
``3704. Application to Uniformed and Overseas Citizens Absentee Voting 
                            Act.
``Sec. 3701. Prioritization of processing and delivery of election mail
    ``(a) In General.--The Postal Service shall give priority to the 
processing and delivery of election mail. In carrying out this 
subsection, the Postal Service shall at a minimum--
            ``(1) deliver any election mail regardless of the amount of 
        postage paid;
            ``(2) shall, to the greatest extent practicable, process 
        and clear election mail from any postal facility each day; and
            ``(3) carry and deliver election mail expeditiously.
    ``(b) Election Mail With Insufficient Postage.--In carrying out 
subsection (a)(1), the Postal Service shall process and deliver 
election mail with insufficient postage in the same manner as election 
mail with sufficient postage, but may collect insufficient postage 
after delivery of any election mail with insufficient postage.
    ``(c) Underfunded or Overdrawn Accounts.--The Postal Service shall 
process and deliver election mail, under the standards in place under 
subsection (a), sent from a customer using an account registered with 
the Postal Service (including a corporate account or an advance deposit 
account) even if such account is underfunded or overdrawn. Nothing in 
this section shall be construed to limit or otherwise prevent the 
Postal Service from seeking reimbursement from any person regarding 
unpaid postage.
    ``(d) Election Mail Defined.--In this chapter, the term `election 
mail' means any item mailed to or from an individual for purposes of 
the individual's participation in an election for public office, 
including balloting materials, voter registration cards, absentee 
ballot applications, polling place notification and photographic voter 
identification materials.
``Sec. 3702. Use of nonprofit permit for cooperative mailings
    ``Notwithstanding any other law, rule, or regulation, a national, 
State, or local committee of a political party (as defined under the 
Federal Election Campaign Act of 1971) which is eligible to mail at the 
nonprofit rate may conduct a cooperative mailing at that nonprofit rate 
with a candidate, a candidate's committee, or another committee of a 
political party, and may seek reimbursement from such a candidate, 
candidate's committee, or committee of a political party for the costs 
of such mailing.
``Sec. 3703. Marking or notice on election mail
    ``(a) In General.--For the purposes of assisting election officials 
in processing election mail, the Postal Service shall place a marking 
or notice indicating that a piece of mail is election mail.
    ``(b) Requirements.--The Postal Service may determine the 
appropriate manner in which subsection (a) is carried out, but at a 
minimum such marking or notice shall--
            ``(1) be placed, as soon as practicable, at the time the 
        election mail is received by the Postal Service, in a 
        conspicuous and legible type or in a common machine-readable 
        technology on the envelope or other cover in which the election 
        mail is mailed; and
            ``(2) clearly demonstrate the date and time that such 
        marking or noticed was so placed.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as requiring any change to the processes and procedures used 
by the Postal Service with respect to Postal Service barcodes on 
envelopes carried or delivered by the Postal Service.
``Sec. 3704. Application to Uniformed and Overseas Citizens Absentee 
              Voting Act
    ``This chapter shall not apply to balloting materials under the 
Uniformed and Overseas Citizens Absentee Voting Act and nothing in this 
chapter shall be construed to alter or otherwise affect the operation 
of such Act or section 3406 of this title.''.
    (c) Postmarking Stamps.--Section 503 of title 18, United States 
Code, is amended--
            (1) by striking ``Whoever forges'' and inserting ``(a) 
        Whoever forges'';
            (2) by striking ``or such impression thereof,'' and all 
        that follows and inserting the following:
``or such impression thereof--
            ``(1) shall be fined under this title or imprisoned not 
        more than five years, or both; or
            ``(2) if the impression from a postmarking stamp or 
        impression thereof forged, counterfeited, used, sold, or 
        possessed in violation of this section is applied to a mailed 
        ballot for an election for Federal, State, or local office, 
        shall be fined under this title or imprisoned not more than 10 
        years, or both.''; and
            (3) by adding at the end following new subsection:
    ``(a) Whoever, with the intent to falsify the date on which a 
postmark was applied, applies to a mailed ballot described in 
subsection (a)(2) a genuine postmark that bears a date other than the 
date on which such postmark was applied, shall be subject to the 
penalties set forth in such subsection.''.

SEC. 131. CLARIFICATION OF RIGHT OF STATE TO APPEAL DECISIONS THROUGH 
              DULY AUTHORIZED REPRESENTATIVE.

    Section 1254 of title 28, United States Code, is amended--
            (1) in paragraph (1), by striking the semicolon at the end 
        and inserting a period; and
            (2) by adding at the end the following:
            ``(3) By appeal by a party (including the State as 
        represented by any agent authorized as a party under State law) 
        relying on a State statute held by a court of appeals to be 
        invalid as repugnant to the Constitution, treaties or laws of 
        the United States, but such appeal shall preclude review by 
        writ of certiorari at the instance of such appellant, and the 
        review on appeal shall be restricted to the Federal questions 
        presented.''.

SEC. 132. FEDERAL AGENCY INVOLVEMENT IN VOTER REGISTRATION ACTIVITIES.

    (a) Short Title.--This section may be cited as the ``Promoting Free 
and Fair Elections Act of 2023''.
    (b) Clarification of Federal Agency Involvement in Voter 
Registration Activities.--Executive Order 14019 (86 Fed. Reg. 13623; 
relating to promoting access to voting) shall have no force or effect 
to the extent that it is inconsistent with section 7 of the National 
Voter Registration Act of 1993 (52 U.S.C. 20506).
    (c) Prohibiting Promotion of Voter Registration by Agencies.--
            (1) 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.
            (2) Activities under executive order 14019.--
                    (A) Delay in implementation.--
                            (i) Delay.--Except as provided in clause 
                        (ii), none of the funds made available for the 
                        salaries and expenses of an agency may be used 
                        to implement activities directed under 
                        Executive Order 14019 (86 Fed. Reg. 13623) 
                        until--
                                    (I) in the case of an agency that 
                                is required to submit a report to the 
                                appropriate congressional committees 
                                under subparagraph (B)(i), 180 days 
                                after the agency submits the report; or
                                    (II) in the case of an agency that 
                                is required to submit a report to the 
                                appropriate congressional committees 
                                under subparagraph (B)(ii), the date on 
                                which the agency submits the report.
                            (ii) Exception.--Clause (i) shall not apply 
                        to any activity described in section 7(c) of 
                        the National Voter Registration Act of 1993 (52 
                        U.S.C. 20506(c)).
                    (B) Report.--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--
                            (i) a copy of the strategic plan of the 
                        agency for promoting voter registration and 
                        voter participation under section 3(b) of 
                        Executive Order 14019 (86 Fed. Reg. 13623) that 
                        the agency developed or submitted to the 
                        Assistant to the President for Domestic Policy; 
                        or
                            (ii) if the agency did not develop or 
                        submit a plan described in clause (i) to the 
                        Assistant to the President for Domestic Policy, 
                        a certification signed by the head of the 
                        agency that the agency did not develop or 
                        submit such a plan.
            (3) Effective date.--Except as provided in paragraph 
        (2)(B), this section shall apply with respect to fiscal year 
        2023 and each succeeding fiscal year.
    (d) Additional Report on Voter Registration and Mobilization.--Not 
later than 30 days after the date of enactment of this Act, the head of 
each agency shall submit to the appropriate congressional committees a 
report describing the activities carried out by the agency pursuant to 
sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623).
    (e) Prohibiting Voter Registration and Mobilization in Federal 
Work-Study Programs.--Section 443(b)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1087-53(b)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'';
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) does not involve registering or mobilizing 
                voters on or off the campus of the institution; and''.
    (f) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502(1) of title 44, United States Code, except 
        that for purposes of subsection (c)(2) such term does not 
        include an independent regulatory agency as defined in section 
        3502(5) of title 44, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Rules and Administration of 
                the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on House Administration of the 
                House of Representatives; and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.

SEC. 133. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION 
              ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.

    (a) Short Title.--This section may be cited as the ``No Federal 
Funds for Ballot Harvesting Act''.
    (b) Findings.--Congress finds that--
            (1) the right to vote is a fundamental right of citizens of 
        the United States, as described by the Constitution of the 
        United States;
            (2) the Committee on House Administration of the House of 
        Representatives, which is charged with investigating election 
        irregularities, received reports through its official Election 
        Observer Program for the 2018 general election and the 2020 
        general election, as well as from other stakeholders, that 
        individuals other than voters themselves were depositing large 
        amounts of absentee ballots at polling places throughout 
        California and other States, a practice colloquially known as 
        ``ballot harvesting'';
            (3) the practice of ballot harvesting creates significant 
        vulnerabilities in the chain-of-custody of ballots because 
        individuals collecting ballots are not required to be 
        registered voters and are not required to identify themselves 
        at a voter's home, and the State does not track how many 
        ballots are harvested in an election;
            (4) in North Carolina, a congressional election was 
        invalidated due to fraud associated with ballot harvesting 
        committed by a political operative, and it is unlikely such 
        activity would have been detected were it not for the 
        prohibition against ballot harvesting in the State;
            (5) ballot harvesting invites electioneering activity at 
        home and weakens States' long-standing voter protection 
        procedures, which remain in place at polling locations, 
        creating the possibility of undue influence over voters by 
        political operatives and other bad actors; and
            (6) the Supreme Court of the United States has affirmed 
        State authority to restrict ballot harvesting (Brnovich v. 
        Democratic National Committee, 141 S. Ct. 2321 (2021)).
    (c) Prohibition on Federal Funds for Election Administration for 
States Allowing Collection and Transmission of Ballots by Certain Third 
Parties.--
            (1) In general.--The Help America Vote Act of 2002 (52 
        U.S.C. 20901 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION 
              FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF 
              BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be used to administer any election for Federal office 
in a State unless the State has in effect a law that prohibits an 
individual from the knowing collection and transmission of a ballot in 
an election for Federal office that was mailed to another person, other 
than an individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(b) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 908. Prohibition on Federal funds for election administration 
                            for States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.

SEC. 134. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING 
              REQUIREMENT.

    Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is 
amended by inserting `` including envelopes used to deliver voted 
ballots by mail (but excluding envelopes used to deliver blank ballots 
or absentee ballot requests or used for any purpose other than 
delivering voted ballots),'' after ``requisite to voting in such 
election,''.

SEC. 135. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION 
              WORKERS.

    (a) Preferences for Veterans and Individuals With Disabilities.--
            (1) Preferences.--In hiring election workers to administer 
        an election in a State or local jurisdiction, the State or 
        local jurisdiction may give preference to individuals who are 
        veterans or individuals with a disability.
            (2) Individual with a disability defined.--In this 
        subsection, an ``individual with a disability'' means an 
        individual with an impairment that substantially limits any 
        major life activities.
    (b) Preference and Waiver of Residency Requirement for Spouses and 
Dependents of Absent Military Voters.--
            (1) Preference and waivers.--In hiring election workers to 
        administer an election in a State or local jurisdiction, the 
        State or local jurisdiction--
                    (A) may give preference to an individual who is a 
                nonresident military spouse or dependent; and
                    (B) may not refuse to hire such an individual as an 
                election worker solely on the grounds that the 
                individual does not maintain a place of residence in 
                the State or local jurisdiction.
            (2) 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. UNITED STATES POSTAL SERVICE COORDINATION WITH STATES TO 
              ENSURE MAILING ADDRESSES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Postmaster General shall, in coordination 
with the appropriate State executives of each State, carry out a 
program to identify and assign a mailing address to each home in each 
State that, as of the date of the enactment of this Act, does not have 
a mailing address assigned to such home, with a priority given to 
assigning mailing addresses to such homes located on Indian lands.
    (b) Definitions.--In this section:
            (1) Indian.--The term ``Indian'' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (2) Indian lands.--The term ``Indian lands'' includes--
                    (A) any Indian country of an Indian Tribe, as 
                defined under section 1151 of title 18, United States 
                Code;
                    (B) any land in Alaska owned, pursuant to the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
                seq.), by an Indian Tribe that is a Native village (as 
                defined in section 3 of that Act (43 U.S.C. 1602)) or 
                by a Village Corporation that is associated with an 
                Indian Tribe (as defined in section 3 of that Act (43 
                U.S.C. 1602));
                    (C) any land on which the seat of the Tribal 
                Government is located; and
                    (D) any land that is part or all of a Tribal 
                designated statistical area associated with an Indian 
                Tribe, or is part or all of an Alaska Native village 
                statistical area associated with an Indian Tribe, as 
                defined by the Census Bureau for the purposes of the 
                most recent decennial census.
            (3) 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).
            (4) 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).
            (5) Tribal government.--The term ``Tribal Government'' 
        means the recognized governing body of an Indian Tribe.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 to carry out this section.

SEC. 137. STATE DEFINED.

    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''.

 TITLE IV--DISTRICT OF COLUMBIA ELECTION INTEGRITY AND VOTER CONFIDENCE

SEC. 141. SHORT TITLE.

    This title may be cited as the ``American Confidence in Elections: 
District of Columbia Election Integrity and Voter Confidence Act''.

SEC. 142. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.

    (a) Requirements Described.--Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the 
following new subtitle:

    ``Subtitle C--Requirements for Elections in District of Columbia

``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.

    ``Congress finds that it has the authority to establish the terms 
and conditions for the administration of elections for public office in 
the District of Columbia--
            ``(1) under article I, section 8, clause 17 of the 
        Constitution of the United States, which grants Congress the 
        exclusive power to enact legislation with respect to the seat 
        of the Government of the United States; and
            ``(2) under other enumerated powers granted to Congress.

``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter Identification 
Act'.
    ``(b) Requiring Provision of Identification To Receive a Ballot or 
Vote.--
            ``(1) Individuals voting in person.--A District of Columbia 
        election official may not provide a ballot for a District of 
        Columbia election to an individual who desires to vote in 
        person unless the individual presents to the official an 
        identification described in paragraph (3).
            ``(2) Individuals voting other than in person.--A District 
        of Columbia election official may not provide a ballot for a 
        District of Columbia election to an individual who desires to 
        vote other than in person unless the individual submits with 
        the application for the ballot a copy of an identification 
        described in paragraph (3).
            ``(3) Identification described.--An identification 
        described in this paragraph is, with respect to an individual, 
        any of the following:
                    ``(A) A current and valid motor vehicle license 
                issued by the District of Columbia or any other current 
                and valid photo identification of the individual which 
                is issued by the District of Columbia or the 
                identification number for such motor vehicle license or 
                photo identification.
                    ``(B) A current and valid United States passport, a 
                current and valid military photo identification, or any 
                other current and valid photo identification of the 
                individual which is issued by the Federal Government.
                    ``(C) Any current and valid photo identification of 
                the individual which is issued by a Tribal Government.
                    ``(D) A student photo identification issued by a 
                secondary school (as such term is defined in section 
                8101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801)) or an institution of higher 
                education (as such term is defined in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 1001)).
                    ``(E) The last 4 digits of the individual's social 
                security number.
            ``(4) Ensuring proof of residence.--If an individual 
        presents or submits an identification described in paragraph 
        (3) which does not include the address of the individual's 
        residence, the District of Columbia election official may not 
        provide a ballot to the individual unless the individual 
        presents or submits a document or other written information 
        from a third party which--
                    ``(A) provides the address of the individual's 
                residence; and
                    ``(B) such document or other written information is 
                of sufficient validity such that the election official 
                is reasonably certain as to the identity of the 
                individual.
    ``(c) Provision of Identification Without Cost to Indigent 
Individuals.--If the District of Columbia charges an individual a fee 
for an identification described in subsection (b)(3) and the individual 
provides an attestation that the individual is unable to afford the 
fee, the District of Columbia shall provide the identification to the 
individual at no cost.
    ``(d) Special Rule With Respect to Sincerely Held Religious 
Beliefs.--In the case of an individual who is unable to comply with the 
requirements of subsection (b) due to sincerely held religious beliefs, 
the District of Columbia shall provide such individual with an 
alternative identification that shall be deemed to meet the 
requirements of an identification described in subsection (b)(3).
    ``(e) Designation of District of Columbia Agency To Provide Copies 
of Identification.--The Mayor of the District of Columbia shall 
designate an agency of the District of Columbia government to provide 
an individual with a copy of an identification described in subsection 
(b)(3) at no cost to the individual for the purposes of meeting the 
requirement under subsection (b)(2).
    ``(f) Inclusion of Photos in Poll Books.--
            ``(1) Methods for obtaining photos.--
                    ``(A) Provision of photos by offices of district of 
                columbia government.--If any office of the District of 
                Columbia Government has a photograph or digital image 
                of the likeness of an individual who is eligible to 
                vote in a District of Columbia election, the office, in 
                consultation with the chief election official of the 
                District of Columbia, shall provide access to the 
                photograph or digital image to the chief election 
                official of the District of Columbia.
                    ``(B) Taking of photos at polling place.--If a 
                photograph or digital image of an individual who votes 
                in person at a polling place is not included in the 
                poll book which contains the name of the individuals 
                who are eligible to vote in the District of Columbia 
                election and which is used by election officials to 
                provide ballots to such eligible individuals, the 
                appropriate election official shall take a photograph 
                of the individual and provide access to the photograph 
                to the chief election official of the District of 
                Columbia.
                    ``(C) Copies of photos provided by individuals not 
                voting in person.--The election official who receives a 
                copy of an identification described in subsection 
                (b)(3) which is submitted by an individual who desires 
                to vote other than in person at a polling place shall 
                provide access to the copy of the identification to the 
                chief election official of the District of Columbia.
            ``(2) Inclusion in poll books.--The chief election official 
        of the District of Columbia shall ensure that a photograph, 
        digital image, or copy of an identification for which access is 
        provided under paragraph (1) is included in the poll book which 
        contains the name of the individuals who are eligible to vote 
        in the District of Columbia election and which is used by 
        election officials to provide ballots to such eligible 
        individuals.
            ``(3) Protection of privacy of voters.--The appropriate 
        election officials of the District of Columbia shall ensure 
        that any photograph, digital image, or copy of an 
        identification which is included in a poll book under this 
        subsection is not used for any purpose other than the 
        administration of District of Columbia elections and is not 
        provided or otherwise made available to any other person except 
        as may be necessary to carry out that purpose.
    ``(g) Exceptions.--This section does not apply with respect to any 
individual who is--
            ``(1) entitled to vote by absentee ballot under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.);
            ``(2) provided the right to vote otherwise than in person 
        under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
        the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); 
        or
            ``(3) entitled to vote otherwise than in person under any 
        other Federal law.
    ``(h) Definitions.--For the purposes of this section, the following 
definitions apply:
            ``(1) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term `Indian tribe' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            ``(2) Tribal government.--The term `Tribal Government' 
        means the recognized governing body of an Indian Tribe.

``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter List Maintenance 
Act'.
    ``(b) Annual List Maintenance.--
            ``(1) Requirements.--
                    ``(A) In general.--The District of Columbia shall 
                carry out annually a program to remove ineligible 
                persons from the official list of persons registered to 
                vote in the District of Columbia, as required by 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and pursuant to the procedures 
                described in subparagraph (B).
                    ``(B) Removal from voter rolls.--In the case of a 
                registrant from the official list of eligible voters in 
                District of Columbia elections who has failed to vote 
                in a District of Columbia election during a period of 
                two consecutive years, the District of Columbia shall 
                send to such registrant a notice described in section 
                8(d)(2) of the National Voter Registration Act of 1993 
                (52 U.S.C. 20507(d)(2)) and shall remove the registrant 
                from the official list of eligible voters in District 
                of Columbia elections if--
                            ``(i) the registrant fails to respond to 
                        such notice; and
                            ``(ii) the registrant has not voted or 
                        appeared to vote in a District of Columbia 
                        election during the period beginning the date 
                        such notice is sent and ending the later of 4 
                        years after the date such notice is sent or 
                        after two consecutive District of Columbia 
                        general elections have been held.
            ``(2) Timing.--In the case of a year during which a 
        regularly scheduled District of Columbia election is held, the 
        District of Columbia shall carry out the program described in 
        paragraph (1) not later than 90 days prior to the date of the 
        election.
    ``(c) Prohibiting Same-Day Registration.--The District of Columbia 
may not permit an individual to vote in a District of Columbia election 
unless, not later than 30 days prior to the date of the election, the 
individual is duly registered to vote in the election.

``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN 
              THIRD PARTIES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Election Fraud Prevention 
Act'.
    ``(b) In General.--The District of Columbia may not permit an 
individual to knowingly collect and transmit a ballot in a District of 
Columbia election that was mailed to another person, other than an 
individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(c) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.

``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Timely Reporting of 
Election Results Act'.
    ``(b) Time for Processing Ballots and Reporting Results.-- The 
District of Columbia shall begin processing ballots received by mail in 
a District of Columbia election as soon as such ballots are received 
and shall ensure to the greatest extent practicable that the results of 
such District of Columbia election are reported to the public not later 
than 10:00 am on the date following the date of the election, but in no 
case shall such ballots be tabulated or such results be reported 
earlier than the closing of polls on the date of the election.
    ``(c) Requirement To Publish Number of Voted Ballots on Election 
Day.--The District of Columbia shall, as soon as practicable after the 
closing of polls on the date of a District of Columbia election, make 
available on a publicly accessible website the total number of voted 
ballots in the possession of election officials in the District of 
Columbia as of the time of the closing of polls on the date of such 
election, which shall include, as of such time--
            ``(1) the number of voted ballots delivered by mail;
            ``(2) the number of ballots requested for such election by 
        individuals who are entitled to vote by absentee ballot under 
        the Uniformed and Overseas Citizens Absentee Voting Act (52 
        U.S.C. 20301 et seq.); and
            ``(3) the number of voted ballots for such election 
        received from individuals who are entitled to vote by absentee 
        ballot under the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20301 et seq.), including from 
        individuals who, under such Act, voted by absentee ballot 
        without requesting such a ballot.
    ``(d) Requirements To Ensure Bipartisan Election Administration 
Activity.--With respect to a District of Columbia election, District of 
Columbia election officials shall ensure that all activities are 
carried out in a bipartisan manner, which shall include a requirement 
that, in the case of an election worker who enters a room which 
contains ballots, voting equipment, or non-voting equipment as any part 
of the election worker's duties to carry out such election, the 
election worker is accompanied by an individual registered to vote with 
respect to a different political party than such election worker, as 
determined pursuant to the voting registration records of the District 
of Columbia.

``SEC. 326. BAN ON NONCITIZEN VOTING.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Citizen Voter Act'.
    ``(b) Ban on Noncitizen Voting.--No individual may vote in a 
District of Columbia election unless the individual is a citizen of the 
United States.

``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Provisional Ballot Reform 
Act'.
    ``(b) In General.--Except as provided in subsection (c), the 
District of Columbia shall permit an individual to cast a provisional 
ballot pursuant to section 302 if--
            ``(1) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but the name of the 
        individual does not appear on the official list of eligible 
        voters for the polling place or an election official asserts 
        that the individual is not eligible to vote; or
            ``(2) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but does not provide an 
        identification required under section 322, except that the 
        individual's provisional ballot shall not be counted in the 
        election unless the individual provides such identification to 
        the chief State election official of the District of Columbia 
        not later than 5:00 pm on the second day which begins after the 
        date of the election.
    ``(c) Requirements With Respect to Counting Provisional Ballots in 
Certain Cases.--If the name of an individual who is a registered voter 
in the District of Columbia and eligible to vote in a District of 
Columbia election appears on the official list of eligible voters for a 
polling place in the District of Columbia, such individual may cast a 
provisional ballot pursuant to section 302 for such election at a 
polling place other than the polling place with respect to which the 
name of the individual appears on the official list of eligible voters, 
except that the individual's provisional ballot shall not be counted in 
the election unless the individual demonstrates pursuant to the 
requirements under section 302 that the individual is a registered 
voter in the jurisdiction of the polling place at which the individual 
cast such ballot.

``SEC. 328. MANDATORY POST-ELECTION AUDITS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mandatory Post-Election 
Audits Act'.
    ``(b) Requirement for Post-Election Audits.--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 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.

``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Public Observation of 
Election Procedures Act'.
    ``(b) Designated Representatives of Candidates, Political Parties, 
and Committees Affiliated With Ballot Initiatives.--
            ``(1) Authority to observe procedures.--An individual who 
        is not a District of Columbia election official may observe 
        election procedures carried out in a District of Columbia 
        election, as described in paragraph (2), if the individual is 
        designated to observe such procedures by a candidate in the 
        election, a political party, or a committee affiliated with a 
        ballot initiative or referendum in the election.
            ``(2) Authority and procedures described.--The authority of 
        an individual to observe election procedures pursuant to this 
        subsection is as follows:
                    ``(A) The individual may serve as a poll watcher to 
                observe the casting and tabulation of ballots at a 
                polling place on the date of the election or on any day 
                prior to the date of the election on which ballots are 
                cast at early voting sites, and may challenge the 
                casting or tabulation of any such ballot.
                    ``(B) The individual may serve as a poll watcher to 
                observe the canvassing and processing of absentee or 
                other mail-in ballots, including the procedures for 
                verification of signed certificates of transmission 
                under section 330(c)(2).
                    ``(C) The individual may observe the recount of the 
                results of the election at any location at which the 
                recount is held, and may challenge the tabulation of 
                any ballot tabulated pursuant to the recount.
            ``(3) Provision of credentials.--The chief State election 
        official of the District of Columbia shall provide each 
        individual who is authorized to observe election procedures 
        under paragraph (1) with appropriate credentials to enable the 
        individual to observe such procedures.
            ``(4) Exception for candidates and law enforcement 
        officers.--An individual may not serve as a poll watcher under 
        subparagraph (A) or (B) of paragraph (2), and the chief State 
        election official of the District of Columbia may not provide 
        the individual with credentials to enable the individual to 
        serve as a poll watcher under such subparagraph, if the 
        individual is a candidate in the election or a law enforcement 
        officer.
    ``(c) Other Individuals.--
            ``(1) Petition for observer credentials.--In addition to 
        the individuals described in subsection (b), any individual, 
        including an individual representing or affiliated with a 
        domestic or international organization, may petition the chief 
        State election official of the District of Columbia to provide 
        the individual with credentials to observe election procedures 
        carried out in a District of Columbia election, as described in 
        subsection (b).
            ``(2) Authority described.--If the chief State election 
        official provides an individual with credentials under 
        paragraph (1), the individual shall have the same authority to 
        observe election procedures carried out in the election as an 
        individual described in subsection (b), except that the 
        individual may not challenge the casting, tabulation, 
        canvassing, or processing of any ballot in the election.
            ``(3) Exception for candidates and law enforcement 
        officers.--The chief State election official of the District of 
        Columbia may not provide an individual who is a candidate in 
        the election or a law enforcement officer with credentials to 
        serve as a poll watcher, as described in subparagraph (A) or 
        (B) of subsection (b)(2).
    ``(d) Authority of Members of Public To Observe Testing of 
Equipment.--In addition to the authority of individuals to observe 
procedures under subsections (b) and (c), any member of the public may 
observe the testing of election equipment by election officials prior 
to the date of the election.
    ``(e) Prohibiting Limits on Ability To View Procedures.--An 
election official may not obstruct the ability of an individual who is 
authorized to observe an election procedure under this section to view 
the procedure as it is being carried out.
    ``(f) Prohibition Against Certain Restrictions.--An election 
official may not require that an individual who observes election 
procedures under this section stays more than 3 feet away from the 
procedure as it is being carried out.

``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mail Balloting Reform 
Act'.
    ``(b) Prohibiting Transmission of Unsolicited Ballots.--The 
District of Columbia may not transmit an absentee or other mail-in 
ballot for a District of Columbia election to any individual who does 
not request the District of Columbia to transmit the ballot.
    ``(c) Signature Verification.--
            ``(1) Inclusion of certificate with ballot.--The District 
        of Columbia shall include with each absentee or other mail-in 
        ballot transmitted for a District of Columbia election a 
        certificate of transmission which may be signed by the 
        individual for whom the ballot is transmitted.
            ``(2) Requiring verification for ballot to be counted.--
        Except as provided in subsection (d), the District of Columbia 
        may not accept an absentee or other mail-in ballot for a 
        District of Columbia election unless--
                    ``(A) the individual for whom the ballot was 
                transmitted--
                            ``(i) signs and dates the certificate of 
                        transmission included with the ballot under 
                        paragraph (1); and
                            ``(ii) includes the signed certification 
                        with the ballot and the date on such 
                        certification is accurate and in no case later 
                        than the date of the election; and
                    ``(B) the individual's signature on the ballot 
                matches the signature of the individual on the official 
                list of registered voters in the District of Columbia 
                or other official record or document used by the 
                District of Columbia to verify the signatures of 
                voters.
    ``(d) Notice and Opportunity To Cure.--
            ``(1) Notice and opportunity to cure discrepancy in 
        signatures.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election and the 
        appropriate District of Columbia election official determines 
        that a discrepancy exists between the signature on such ballot 
        and the signature of such individual on the official list of 
        registered voters in the District of Columbia or other official 
        record or document used by the District of Columbia to verify 
        the signatures of voters, such election official, prior to 
        making a final determination as to the validity of such ballot, 
        shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual by mail, telephone, or (if 
                available) text message and electronic mail that--
                            ``(i) a discrepancy exists between the 
                        signature on such ballot and the signature of 
                        the individual on the official list of 
                        registered voters in the District of Columbia 
                        or other official record or document used by 
                        the District of Columbia to verify the 
                        signatures of voters; and
                            ``(ii) if such discrepancy is not cured 
                        prior to the expiration of the 48-hour period 
                        which begins on the date the official notifies 
                        the individual of the discrepancy, such ballot 
                        will not be counted; and
                    ``(B) cure such discrepancy and count the ballot 
                if, prior to the expiration of the 48-hour period 
                described in subparagraph (A)(ii), the individual 
                provides the official with information to cure such 
                discrepancy, either in person, by telephone, or by 
                electronic methods.
            ``(2) Notice and opportunity to cure missing signature or 
        other defect.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election without a 
        signature on the ballot or the certificate of transmission 
        included with the ballot under subsection (c)(1) or submits an 
        absentee ballot with another defect which, if left uncured, 
        would cause the ballot to not be counted, the appropriate 
        District of Columbia election official, prior to making a final 
        determination as to the validity of the ballot, shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual by mail, telephone, or (if 
                available) text message and electronic mail that--
                            ``(i) the ballot or certificate of 
                        transmission did not include a signature or has 
                        some other defect; and
                            ``(ii) if the individual does not provide 
                        the missing signature or cure the other defect 
                        prior to the expiration of the 48-hour period 
                        which begins on the date the official notifies 
                        the individual that the ballot or certificate 
                        of transmission did not include a signature or 
                        has some other defect, such ballot will not be 
                        counted; and
                    ``(B) count the ballot if, prior to the expiration 
                of the 48-hour period described in subparagraph 
                (A)(ii), the individual provides the official with the 
                missing signature on a form proscribed by the District 
                of Columbia or cures the other defect.
        This paragraph does not apply with respect to a defect 
        consisting of the failure of a ballot to meet the applicable 
        deadline for the acceptance of the ballot, as described in 
        subsection (e).
    ``(e) Deadline for Acceptance.--
            ``(1) Deadline.--Except as provided in paragraph (2), the 
        District of Columbia may not accept an absentee or other mail-
        in ballot for a District of Columbia election which is received 
        by the appropriate election official following the close of 
        polls on Election Day.
            ``(2) Exception for absent military and overseas voters.--
        Paragraph (1) does not apply to a ballot cast by an individual 
        who is entitled to vote by absentee ballot under the Uniformed 
        and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et 
        seq.).
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed as prohibiting the District of Columbia from 
        accepting an absentee or other mail-in ballot for a District of 
        Columbia election that is delivered in person by the voter to 
        an election official at an appropriate polling place or the 
        District of Columbia Board of Elections if such ballot is 
        received by the election official by the deadline described in 
        paragraph (1).

``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Ballot Security Act'.
    ``(b) Requirements.--With respect to a District of Columbia 
election, the District of Columbia may not use a drop box to accept a 
voted absentee or other mail-in ballot for any such election unless--
            ``(1) any such drop box is located inside a District of 
        Columbia Government building or facility;
            ``(2) the District of Columbia provides for the security of 
        any such drop box through 24-hour remote or electronic 
        surveillance; and
            ``(3) the District of Columbia Board of Elections collects 
        any ballot deposited in any such drop box each day after 5:00 
        p.m. (local time) during the period of the election.

``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO 
              FEDERAL ELECTIONS.

    ``With respect to an election for Federal office in the District of 
Columbia, to the extent that there is any inconsistency with the 
requirements of this subtitle and the requirements of subtitle A, the 
requirements of this subtitle shall apply.

``SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED.

    ``In this subtitle, the term `District of Columbia election' means 
any election for public office in the District of Columbia, including 
an election for Federal office, and any ballot initiative or 
referendum.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking the period at the end 
and inserting the following: ``, and the requirements of subtitle C 
with respect to the District of Columbia.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

    ``Subtitle C--Requirements for Elections in District of Columbia

        ``Sec. 321. Statement of Congressional authority; findings.
        ``Sec. 322. Requirements for photo identification.
        ``Sec. 323. Requirements for voter registration.
        ``Sec. 324. Ban on collection and transmission of ballots by 
                            certain third parties.
        ``Sec. 325. Timely processing and reporting of results.
        ``Sec. 326. Ban on noncitizen voting.
        ``Sec. 327. Requirements with respect to provisional ballots.
        ``Sec. 328. Mandatory post-election audits.
        ``Sec. 329. Public observation of election procedures.
        ``Sec. 330. Requirements for voting by mail-in ballot.
        ``Sec. 331. Requirements with respect to use of drop boxes.
        ``Sec. 332. Special rule with respect to application of 
                            requirements to Federal elections.
        ``Sec. 333. District of Columbia election defined.

SEC. 143. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
District of Columbia elections held on or after January 1, 2024. For 
purposes of this section, the term ``District of Columbia election'' 
has the meaning given such term in section 333 of the Help America Vote 
Act of 2002, as added by section 143(a).

     TITLE V--ADMINISTRATION OF THE ELECTION ASSISTANCE COMMISSION

SEC. 151. SHORT TITLE.

    This title may be cited as the ``Positioning the Election 
Assistance Commission for the Future Act of 2023''.

SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION 
              ASSISTANCE COMMISSION.

    Congress finds the following:
            (1) The Election Assistance Commission best serves the 
        American people when operating within its core statutory 
        functions, including serving as a clearinghouse for information 
        on election administration, providing grants, and testing and 
        certifying election equipment.
            (2) The American people are best served when Federal agency 
        election assistance is offered by a single agency with 
        expertise in this space. The Election Assistance Commission, 
        composed of four election experts from different political 
        parties, is best situated among the Federal Government agencies 
        to offer assistance services to citizens and to guide other 
        Federal agencies that have responsibilities in the elections 
        space. The Commission is also best suited to determine the 
        timing of the issuance of any advisories and to disburse all 
        appropriated election grant funding.
            (3) To this end, Congress finds that the Election 
        Assistance Commission should be viewed as the lead Federal 
        Government agency on all election administration matters, and 
        other Federal agencies operating in this space should look to 
        the Commission for guidance, direction, and support on election 
        administration-related issues.

SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE 
              ELECTION ASSISTANCE COMMISSION.

    (a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002 
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional 
personnel'' and inserting ``of not more than 55 full-time equivalent 
employees to carry out the duties and responsibilities under this Act 
and the additional duties and responsibilities required under the 
American Confidence in Elections Act''.
    (b) Funding.--Section 210 of the Help America Vote Act of 2002 (52 
U.S.C. 20930) is amended--
            (1) by striking ``for each of the fiscal years 2003 through 
        2005'' and inserting ``for each of the fiscal years 2023 
        through 2025''; and
            (2) by striking ``(but not to exceed $10,000,000 for each 
        such year)'' and inserting ``(but not to exceed $25,000,000 for 
        each such year)''.
    (c) Prohibition on Certain Use of Funds.--
            (1) Prohibition.--None of the funds authorized to be 
        appropriated or otherwise made available under subsection (b) 
        may be obligated or expended for the operation of an advisory 
        committee established by the Election Assistance Commission 
        pursuant to and in accordance with the provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App. 2), except with 
        respect to the operation of the Local Leadership Council.
            (2) No effect on entities established by help america vote 
        act of 2002.--Paragraph (1) does not apply with respect to the 
        operation of any entity established by the Help America Vote 
        Act of 2002, including the Election Assistance Commission 
        Standards Board, the Election Assistance Commission Board of 
        Advisors, and the Technical Guidelines Development Committee.
    (d) Requirements With Respect to Compensation of Members of the 
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52 
U.S.C. 20923(d)) is amended--
            (1) in paragraph (1), by striking ``at the annual rate of 
        basic pay prescribed for level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code'' and 
        inserting ``at an annual rate of basic pay equal to the amount 
        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'';
            (2) in paragraph (2), by striking ``No member appointed'' 
        and inserting ``Except as provided in paragraph (3), no member 
        appointed''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Supplemental employment and compensation.--An 
        individual serving a term of service on the Commission shall be 
        permitted to hold a position at an institution of higher 
        education (as such term is defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001) if--
                    ``(A) the General Counsel of the Election 
                Assistance Commission determines that such position 
                does not create a conflict of interest with the 
                individual's position as a sitting member of the 
                Commission and grants the individual approval to hold 
                the position; and
                    ``(B) the annual rate of compensation received by 
                the individual from such institution is not greater 
                than the amount equal to 49.9% of the annual rate of 
                basic pay paid to the individual under paragraph 
                (1).''.
    (e) Office of Inspector General.--Section 204 of the Help America 
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the 
following new subsection:
    ``(f) Office of Inspector General.--The Inspector General of the 
Election Assistance Commission may appoint not more than 7 full-time 
equivalent employees to assist the Inspector General to carry out the 
duties and responsibilities under section 404 of title 5, United States 
Code, of whom 2 shall have primarily administrative duties and 
responsibilities.''.
    (f) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2022.

SEC. 154. GENERAL REQUIREMENTS FOR PAYMENTS MADE BY ELECTION ASSISTANCE 
              COMMISSION.

    (a) Exclusive Authority of Election Assistance Commission To Make 
Election Administration Payments to States.--No entity of the Federal 
Government other than the Election Assistance Commission may make any 
payment to a State for purposes of administering elections for Federal 
office, including obtaining election and voting equipment and 
infrastructure, enhancing election and voting technology, and making 
election and voting security improvements, including with respect to 
cybersecurity and infrastructure.
    (b) Prohibiting Use of Payments for Get-Out-the-Vote-Activity.--
Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.) is amended by adding at the end the following new part:

              ``PART 7--GENERAL REQUIREMENTS FOR PAYMENTS

``SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT-THE-VOTE-ACTIVITY.

    ``(a) Prohibition.--No payment made to a State or unit of local 
government by the Commission 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.''.
    (c) Requiring Disclaimer in Communications.--Part 7 of subtitle D 
of title II of such Act, as added by subsection (b), is amended by 
adding at the end the following new section:

``SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE 
              DISCLAIMER.

    ``(a) Requirement.--If a State or unit of local government 
disseminates a public communication which was developed or disseminated 
in whole or in part with a payment made to the State or local 
government by the Commission, 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 large 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 which also includes audio, the statement--
                    ``(A) is included at either the beginning or the 
                end of the communication; and
                    ``(B) is made both in--
                            ``(i) a written format that meets the 
                        requirements of subparagraph (A) and appears 
                        for at least 4 seconds; and
                            ``(ii) an audible format that meets the 
                        requirements of subparagraph (B).
            ``(4) Other communications.--In the case of any other type 
        of communication, the statement is at least as clear and 
        conspicuous as the statement specified in paragraph (1), (2), 
        or (3).
    ``(c) Public Communication.--In this section, the term `public 
communication' means a communication by means of any broadcast, cable, 
or satellite communication, newspaper, magazine, outdoor advertising 
facility, mass mailing, or telephone bank to the general public, or any 
other form of general public advertising.''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended by inserting at the end of the items relating to subtitle D of 
title II the following:

              ``Part 7--General Requirements for Payments

``Sec. 297. Prohibiting use of payments for get-out-the-vote-activity.
``Sec. 297A. Requiring communications funded by payments to include 
                            disclaimer.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to payments made on or after the date 
of the enactment of this Act.

SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER 
              INTO CONTRACTS.

    Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C. 
20943(c)) is amended by adding at the end the following new paragraph:
            ``(5) Authority to enter into contracts.--The Executive 
        Board of the Standards Board may, using amounts already made 
        available to the Commission, enter into contracts to employ and 
        retain no more than 2 individuals to enable the Standards Board 
        to discharge its duties with respect to the examination and 
        release of voluntary considerations with respect to the 
        administration of elections for Federal offices by the States 
        under section 247, except that--
                    ``(A) no more than 1 individual from the same 
                political party may be employed under such contracts at 
                the same time;
                    ``(B) the authority to enter into such contracts 
                shall end on the earlier of the date of the release of 
                the considerations or December 31, 2023; and
                    ``(C) no additional funds may be appropriated to 
                the Commission for the purposes of carrying out this 
                paragraph.''.

SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION 
              ADMINISTRATION.

    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.

 TITLE VI--PROHIBITION ON INVOLVEMENT IN ELECTIONS BY FOREIGN NATIONALS

SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) Short Title.--This section may be cited as the ``Keeping 
Foreign Money out of Ballot Measures Act of 2023''.
    (b) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
    ``(a) Prohibition.--It shall be unlawful for a foreign national, 
directly or indirectly, to make a contribution as such term is defined 
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to 
make an express or implied promise to make a contribution or donation, 
in connection with a State or local ballot initiative or referendum.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $250,000, imprisoned for not more than 5 years, or 
both.
    ``(c) Foreign National Defined.--In this section, the term `foreign 
national' has the meaning given such term in section 319(b) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).''.
    (c) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``612. Foreign nationals making certain political contributions.''.
    (d) Effective Date.--The amendment made by this section shall apply 
with respect to contributions and donations made on or after the date 
of the enactment of this Act.

SEC. 162. PROHIBITING PROVIDING ASSISTANCE TO FOREIGN NATIONALS IN 
              MAKING CONTRIBUTIONS OR DONATIONS IN CONNECTION WITH 
              ELECTIONS.

    (a) Prohibition.--Section 319(a) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``: or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a person to knowingly help or assist a foreign 
        national in violating this subsection.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to contributions and donations made on or after the date 
of the enactment of this Act.

 TITLE VII--CONSTITUTIONAL EXPERTS PANEL WITH RESPECT TO PRESIDENTIAL 
                               ELECTIONS

SEC. 171. SHORT TITLE.

    This title may be cited as the ``Solving an Overlooked Loophole in 
Votes for Executives (SOLVE) Act''.

SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.

    (a) Establishment.--There is established the ``Twentieth Amendment 
Section Four Panel'' (in this section referred to as the ``Panel'').
    (b) Membership.--
            (1) In general.--The Panel shall be composed of 6 
        constitutional experts, of whom--
                    (A) 1 shall be appointed by the majority leader of 
                the Senate;
                    (B) 1 shall be appointed by the minority leader of 
                the Senate;
                    (C) 1 shall be appointed jointly by the majority 
                and minority leader of the Senate;
                    (D) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (E) 1 shall be appointed by minority leader of the 
                House of Representatives; and
                    (F) 1 shall be appointed jointly by the Speaker of 
                the House of Representatives and the minority leader of 
                the House of Representatives.
            (2) Date.--The appointments of the members of the Panel 
        shall be made not later than 180 days after the date of 
        enactment of this Act.
            (3) Vacancy.--Any vacancy occurring in the membership of 
        the Panel shall be filled in the same manner in which the 
        original appointment was made.
            (4) Chairperson and vice chairperson.--The Panel shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Panel.
    (c) Purpose.--The purpose of the Panel shall be to recommend to 
Congress model legislation, which shall provide for an appropriate 
process, pursuant to section 4 of the Twentieth Amendment to the United 
States Constitution, to resolve any vacancy created by the death of a 
candidate in a contingent presidential or vice-presidential election.
    (d) Reports.--
            (1) Initial report.--Not later than 1 year after the date 
        on which all of the appointments have been made under 
        subsection (b)(2), the Panel shall submit to Congress an 
        interim report containing the Panel's findings, conclusions, 
        and recommendations.
            (2) Final report.--Not later than 6 months after the 
        submission of the interim report under paragraph (1), the Panel 
        shall submit to Congress a final report containing the Panel's 
        findings, conclusions, and recommendations.
    (e) Meetings; Information.--
            (1) In general.--Meetings of the Panel shall be held at the 
        Law Library of Congress.
            (2) Information.--The Panel may secure from the Law Library 
        of Congress such information as the Panel considers necessary 
        to carry out the provisions of this section.
    (f) Funds.--
            (1) Compensation of members.--Members of the Panel shall 
        receive no compensation.
            (2) Other funding.--No amounts shall be appropriated for 
        the purposes of this section, except for any amounts strictly 
        necessary for the Law Library of Congress to execute its 
        responsibilities under subsection (e).
    (g) Termination.--
            (1) In general.--The panel established under subsection (a) 
        shall terminate 90 days after the date on which the panel 
        submits the final report required under subsection (d)(2).
            (2) Records.--Upon termination of the panel, all of its 
        records shall become the records of the Secretary of the Senate 
        and the Clerk of the House of Representatives.
                                 <all>