[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5046 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5046

    To amend the Help America Vote Act of 2002 to provide increased 
 protections for election workers and voters in elections for Federal 
                    office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

Mr. Sarbanes (for himself, Mr. Morelle, Mr. Allred, and Ms. Williams of 
   Georgia) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
   the Judiciary, 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 amend the Help America Vote Act of 2002 to provide increased 
 protections for election workers and voters in elections for Federal 
                    office, 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 ``Preventing Election Subversion Act 
of 2023''.

SEC. 2. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN 
              ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.

    (a) Findings.--Congress makes the following findings:
            (1) Congress has explicit and broad authority to regulate 
        the time, place, and manner of Federal elections under the 
        Elections Clause under article I, section 4, clause 1 of the 
        Constitution of the United States, including by establishing 
        standards for the fair, impartial, and uniform administration 
        of Federal elections by State and local officials.
            (2) The Elections Clause was understood from the framing of 
        the Constitution of the United States to contain ``words of 
        great latitude,'' granting Congress broad power over Federal 
        elections and a plenary right to preempt State regulation in 
        this area. As made clear at the Constitutional Convention and 
        the State ratification debates that followed, this grant of 
        congressional authority was meant to ``insure free and fair 
        elections,'' promote the uniform administration of Federal 
        elections, and ``preserve and restore to the people their equal 
        and sacred rights of election.''.
            (3) In the founding debates on the Elections Clause, many 
        delegates also argued that a broad grant of authority to 
        Congress over Federal elections was necessary to check any 
        ``abuses that might be made of the discretionary power'' to 
        regulate the time, place, and manner of elections granted the 
        States, including attempts at partisan entrenchment, 
        malapportionment, and the exclusion of political minorities. As 
        the Supreme Court has recognized, the Elections Clause empowers 
        Congress to ``protect the elections on which its existence 
        depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and 
        ``protect the citizen in the exercise of rights conferred by 
        the Constitution of the United States essential to the healthy 
        organization of the government itself,'' id. at 666.
            (4) The Elections Clause grants Congress ``plenary and 
        paramount jurisdiction over the whole subject'' of Federal 
        elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing 
        Congress to implement ``a complete code for congressional 
        elections.'' Smiley v. Holm, 285 U.S. 355, 366 (1932). The 
        Elections Clause, unlike, for example, the Commerce Clause, has 
        been found to grant Congress the authority to compel States to 
        alter their regulations as to Federal elections, id. at 366-67, 
        even if these alterations would impose additional costs on the 
        States to execute or enforce. Association of Community 
        Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 
        1997).
            (5) The phrase ``manner of holding elections'' in the 
        Elections Clause has been interpreted by the Supreme Court to 
        authorize Congress to regulate all aspects of the Federal 
        election process, including ``notices, registration, 
        supervision of voting, protection of voters, prevention of 
        fraud and corrupt practices, counting of votes, duties of 
        inspectors and canvassers, and the making and publication of 
        election returns.'' Smiley v. Holm, 285 U.S. 355, 366 (1932).
            (6) The Supreme Court has recognized the broad 
        ``substantive scope'' of the Elections Clause and upheld 
        Federal laws promulgated thereunder regulating redistricting, 
        voter registration, campaign finance, primary elections, 
        recounts, party affiliation rules, and balloting.
            (7) The authority of Congress under the Elections Clause 
        also entails the power to ensure enforcement of its laws 
        regulating Federal elections. ``[I]f Congress has the power to 
        make regulations, it must have the power to enforce them.'' Ex 
        parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has 
        noted that there can be no question that Congress may impose 
        additional penalties for offenses committed by State officers 
        in connection with Federal elections even if they differ from 
        the penalties prescribed by State law for the same acts. Id. at 
        387-88.
            (8) The fair and impartial administration of Federal 
        elections by State and local officials is central to ``the 
        successful working of this government,'' Ex parte Yarbrough, 
        110 U.S. 651, 666 (1884), and to ``protect the act of voting . 
        . . and the election itself from corruption or fraud,'' id. at 
        661-62.
            (9) The Elections Clause thus grants Congress the authority 
        to ensure that the administration of Federal elections is free 
        of political bias or discrimination and that election officials 
        are insulated from political influence or other forms of 
        coercion in discharging their duties in connection with Federal 
        elections.
            (10) In some States, oversight of local election 
        administrators has been allocated to State Election Boards, or 
        special commissions formed by those boards, that are appointed 
        by the prevailing political party in a State, as opposed to 
        nonpartisan or elected office holders.
            (11) In certain newly enacted State policies, these 
        appointed statewide election administrators have been granted 
        wide latitude to suspend or remove local election 
        administrators in cases where the statewide election 
        administrators identify whatever the State deems to be a 
        violation. There is no requirement that there be a finding of 
        intent by the local election administrator to commit the 
        violation.
            (12) Local election administrators across the country can 
        be suspended or removed according to different standards, 
        potentially exposing them to different political pressures or 
        biases that could result in uneven administration of Federal 
        elections.
            (13) The Elections Clause grants Congress the ultimate 
        authority to ensure that oversight of State and local election 
        administrators is fair and impartial in order to ensure 
        equitable and uniform administration of Federal elections.
    (b) Restriction.--
            (1) Standard for removal of a local election 
        administrator.--A statewide election administrator may only 
        suspend, remove, or relieve the duties of a local election 
        administrator in the State with respect to the administration 
        of an election for Federal office for inefficiency, neglect of 
        duty, or malfeasance in office.
            (2) Private right of action.--
                    (A) In general.--Any local election administrator 
                suspended, removed, or otherwise relieved of duties in 
                violation of paragraph (1) with respect to the 
                administration of an election for Federal office or 
                against whom any proceeding for suspension, removal, or 
                relief from duty in violation of paragraph (1) with 
                respect to the administration of an election for 
                Federal office may be pending, may bring an action in 
                an appropriate district court of the United States for 
                declaratory or injunctive relief with respect to the 
                violation. Any such action shall name as the defendant 
                the statewide election administrator responsible for 
                the adverse action. The district court shall, to the 
                extent practicable, expedite any such proceeding.
                    (B) Statute of limitations.--Any action brought 
                under this subsection must be commenced not later than 
                1 year after the date of the suspension, removal, 
                relief from duties, or commencement of the proceeding 
                to remove, suspend, or relieve the duties of a local 
                election administrator with respect to the 
                administration of an election for Federal office.
            (3) Attorney's fees.--In any action or proceeding under 
        this subsection, the court may allow a prevailing plaintiff, 
        other than the United States, reasonable attorney's fees as 
        part of the costs, and may include expert fees as part of the 
        attorney's fee. The term ``prevailing plaintiff'' means a 
        plaintiff that substantially prevails pursuant to a judicial or 
        administrative judgment or order, or an enforceable written 
        agreement.
            (4) Removal of state proceedings to federal court.--A local 
        election administrator who is subject to an administrative or 
        judicial proceeding for suspension, removal, or relief from 
        duty by a statewide election administrator with respect to the 
        administration of an election for Federal office may remove the 
        proceeding to an appropriate district court of the United 
        States. Any order remanding a case to the State court or agency 
        from which it was removed under this subsection shall be 
        reviewable by appeal or otherwise.
            (5) Right of united states to intervene.--
                    (A) Notice to attorney general.--Whenever any 
                administrative or judicial proceeding is brought to 
                suspend, remove, or relieve the duties of any local 
                election administrator by a statewide election 
                administrator with respect to the administration of an 
                election for Federal office, the statewide election 
                administrator who initiated such proceeding shall 
                deliver a copy of the pleadings instituting the 
                proceeding to the Assistant Attorney General for the 
                Civil Rights Division of the Department of Justice. The 
                local election administrator against whom such 
                proceeding is brought may also deliver such pleadings 
                to the Assistant Attorney General.
                    (B) Right to intervene.--The United States may 
                intervene in any administrative or judicial proceeding 
                brought to suspend, remove, or relieve the duties of 
                any local election administrator by a statewide 
                election administrator with respect to the 
                administration of an election for Federal office and in 
                any action initiated pursuant to paragraph (2) or in 
                any removal pursuant to paragraph (4).
            (6) Review.--In reviewing any action brought under this 
        section, a court of the United States shall not afford any 
        deference to any State official, administrator, or tribunal 
        that initiated, approved, adjudicated, or reviewed any 
        administrative or judicial proceeding to suspend, remove, or 
        otherwise relieve the duties of a local election administrator.
    (c) Reports to the Department of Justice.--
            (1) In general.--Not later than 30 days after the 
        suspension, removal, or relief of the duties of a local 
        election administrator by a statewide election administrator, 
        the Statewide election administrator shall submit to the 
        Assistant Attorney General for the Civil Rights Divisions of 
        the Department of Justice a report that includes the following 
        information:
                    (A) A statement that a local election administrator 
                was suspended, removed, or relieved of their duties.
                    (B) Information on whether the local election 
                administrator was determined to be inefficient or to 
                have engaged in neglect of duty or malfeasance in 
                office.
                    (C) A description of the effect that the 
                suspension, removal, or relief of the duties of the 
                local election administrator will have on--
                            (i) the administration of elections and 
                        voters in the election jurisdictions for which 
                        the local election official provided such 
                        duties; and
                            (ii) the administration of elections and 
                        voters in the State at large.
                    (D) Demographic information about the local 
                election official suspended, removed, or relieved and 
                the jurisdictions for which such election official was 
                providing the duties suspended, removed, or relieved.
                    (E) Such other information as requested by the 
                Assistant Attorney General for the purposes of 
                determining--
                            (i) whether such suspension, removal, or 
                        relief of duties was based on unlawful 
                        discrimination; and
                            (ii) whether such suspension, removal, or 
                        relief of duties was due to inefficiency, 
                        neglect of duty, or malfeasance in office.
            (2) Expedited reporting for actions within 30 days of an 
        election.--
                    (A) In general.--If a suspension, removal, or 
                relief of duties of a local administrator described in 
                paragraph (1) occurs during the period described in 
                subparagraph (B), the report required under paragraph 
                (1) shall be submitted not later than 48 hours after 
                such suspension, removal, or relief of duties.
                    (B) Period described.--The period described in this 
                subparagraph is any period which begins 60 days before 
                the date of an election for Federal office and which 
                ends 60 days after such election.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Election.--The term ``election'' has the meaning given 
        the term in section 301(1) of the Federal Election Campaign Act 
        of 1971 (52 U.S.C. 30101(1)).
            (2) Federal office.--The term ``Federal office'' has the 
        meaning given the term in section 301(3) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
            (3) Local election administrator.--The term ``local 
        election administrator'' means, with respect to a local 
        jurisdiction in a State, the individual or entity responsible 
        for the administration of elections for Federal office in the 
        local jurisdiction.
            (4) Statewide election administrator.--The term ``statewide 
        election administrator'' means, with respect to a State--
                    (A) the individual or entity, including a State 
                elections board, responsible for the administration of 
                elections for Federal office in the State on a 
                statewide basis; or
                    (B) a statewide legislative or executive entity 
                with the authority to suspend, remove, or relieve a 
                local election administrator.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to grant any additional authority to remove a local elections 
administrator beyond any authority provided under the law of the State.

SEC. 3. PROTECTIONS FOR VOTERS ON ELECTION DAY.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

    ``(a) Requirements for Challenges by Persons Other Than Election 
Officials.--
            ``(1) Requirements for challenges.--No person, other than a 
        State or local election official, shall submit a formal 
        challenge to an individual's eligibility to register to vote in 
        an election for Federal office or to vote in an election for 
        Federal office unless that challenge is supported by personal 
        knowledge with respect to each individual challenged regarding 
        the grounds for ineligibility which is--
                    ``(A) documented in writing; and
                    ``(B) subject to an oath or attestation under 
                penalty of perjury that the challenger has a good faith 
                factual basis to believe that the individual who is the 
                subject of the challenge is ineligible to register to 
                vote or vote in that election, except a challenge that 
                is based on the race, color, ethnicity, national 
                origin, or membership in a language minority group (as 
                defined in section 14 of the Voting Rights Act of 1965 
                (52 U.S.C. 10310)) of the individual who is the subject 
                of the challenge may not be considered to have a good 
                faith factual basis for purposes of this paragraph.
            ``(2) Prohibition on challenges on or near date of 
        election.--No person, other than a State or local election 
        official, shall be permitted--
                    ``(A) to challenge an individual's eligibility to 
                vote in an election for Federal office on the date of 
                the election on grounds that could have been made in 
                advance of such date; or
                    ``(B) to challenge an individual's eligibility to 
                register to vote in an election for Federal office or 
                to vote in an election for Federal office less than 10 
                days before the election unless the individual 
                registered to vote less than 20 days before the 
                election.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after January 1, 2024.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following:

``Sec. 303A. Voter protection requirements.''.
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