[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5351 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5351
To amend the Federal Election Campaign Act to provide for public
financing for Federal elections through vouchers directed by eligible
voters to the candidates of their choice.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act to provide for public
financing for Federal elections through vouchers directed by eligible
voters to the candidates of their choice.
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 ``Clean Elections Act''.
SEC. 2. ESTABLISHMENT OF DEMOCRACY DOLLARS PROGRAM.
(a) In General.--The Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.) is amended by adding at the end the following:
``TITLE V--DEMOCRACY DOLLARS PROGRAM
``Sec. 501. Definitions.
``Sec. 502. Distribution of democracy dollars to eligible individuals.
``Sec. 503. Requirements for participating candidates.
``Sec. 504. Use of democracy dollars.
``Sec. 505. Administration.
``Sec. 506. Funding.
``SEC. 501. DEFINITIONS.
``For purposes of this title:
``(1) Applicable election series.--The term `applicable
election series' means, with respect to any Federal office, any
of the following elections for such office during an election
cycle:
``(A) A primary election (including a primary
election held for the selection of delegates to a
national nominating convention of a political party and
a primary held for the expression of a preference for
the nomination of an individual for election to the
office of President) for nomination to Federal office.
``(B) A convention or caucus of a political party
that has authority to nominate a candidate to Federal
office.
``(C) A general election, a special election, or a
runoff election for Federal office.
``(2) Democracy dollars.--
``(A) In general.--The term `democracy dollars'
means a voucher (having such form as determined by the
Commission) that is a Congressional democracy dollar, a
Senate democracy dollar, or a Presidential democracy
dollar.
``(B) Congressional democracy dollar.--A
Congressional democracy dollar is a democracy dollar
that is restricted such that--
``(i) it may only be transferred to a
qualified candidate for the office of
Representative in, or Delegate or Resident
Commissioner to, the Congress; and
``(ii) in the case of any election cycle
beginning in 2030 or later, may only be
transferred to a qualified candidate for such
office for a district in the State in which the
eligible individual to whom it is distributed
is a qualified resident.
``(C) Senate democracy dollar.--A Senate democracy
dollar is a democracy dollar that is restricted such
that--
``(i) it may only be transferred to a
qualified candidate for the office of Senator;
and
``(ii) in the case of any election cycle
beginning in 2030 or later, may only be
transferred to a qualified candidate for such
office for the State in which the eligible
individual to whom it is distributed is a
qualified resident.
``(D) Presidential democracy dollar.--A
Presidential democracy dollar is a democracy dollar
that is restricted such that it may only be transferred
to qualified candidates for the offices of President or
Vice President.
``(3) Democracy dollar account.--The term `democracy dollar
account' means an account of a participating candidate that
consists only of amounts paid under section 504(a)(3) and that
meets such other requirements as established by the Commission.
``(4) Election cycle.--The term `election cycle' means the
2-year period beginning on January 1 of each odd-numbered year.
``(5) Eligible individual.--The term `eligible individual'
means, with respect to any election cycle, an individual who--
``(A) is a citizen or national of the United
States; and
``(B) has attained the age of 18.
``(6) Participating candidate.--The term `participating
candidate' means a candidate who is certified by the Commission
under section 503.
``(7) Qualified resident.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified resident' means,
with respect to any State, an eligible individual whose
primary residence is located in such State.
``(B) Exceptions.--
``(i) Students.--Any eligible individual
who is a full-time student attending a post-
secondary educational institution may elect to
treat the State in which such institution is
located as the State in which such individual
is a qualified resident.
``(ii) Individuals living abroad.--Any
eligible individual whose primary residence is
outside the United States shall be treated as a
qualified resident of--
``(I) in the case of an eligible
individual who is qualified to vote in
a State, the State in which the
individual is qualified to vote; or
``(II) in the case of any other
eligible individual, the last State in
which such individual was domiciled
before leaving the United States.
``SEC. 502. DISTRIBUTION OF DEMOCRACY DOLLARS TO ELIGIBLE INDIVIDUALS.
``(a) Process and Methods for Distribution.--
``(1) In general.--Upon request of an eligible individual
who is a qualified resident of a State in which an election for
Federal office (other than a runoff election) is held and who
is registered to vote in such election (in States where
registration is required as a condition of voting), the
Commission shall provide to such individual democracy dollars
that may be used only in such election in the amount determined
under subsection (b).
``(2) Limitations.--
``(A) Time for making request.--Any request under
subsection (a) shall be made--
``(i) no earlier than the first day of the
election cycle in which the election occurs;
and
``(ii) no later than 10 days before the
date of the election to which it relates.
In the case of elections to nominate a candidate for
election to a Federal office which do not occur on the
same day, clause (ii) shall be applied by using the
date of the last such election occurring in the State.
``(B) Limitation on distributions.--Except in the
case of a special election, the Commission shall not
provide democracy dollars to any individual for more
than one primary election and one general election for
each of the following offices:
``(i) The office of Representative in, or
Delegate or Resident Commissioner to, the
Congress.
``(ii) The office of Senator.
``(iii) The office of President and Vice
President.
``(3) Methods.--
``(A) In general.--Except as provided in
subparagraph (B), democracy dollars shall be
distributed in such manner as the Commission determines
appropriate.
``(B) Pilot program for mailed democracy dollars.--
The Commission shall conduct a pilot program for the
distribution of democracy dollars through the mail. If
the Commission determines that such program is a cost
effective way to expand participation and attract a
more diverse group of participants, the Commission
shall expand such program for future elections.
``(b) Determination of Type and Amount of Democracy Dollars
Provided.--
``(1) In general.--The amount determined under this section
is--
``(A) in the case of any election (other than a
runoff election) for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress,
the Congressional amount;
``(B) in the case of any election (other than a
runoff election) for nomination to the office of
Senator, the Senate amount; and
``(C) in the case of any election for nomination to
the office of, or the office of, President or Vice
President, the Presidential amount.
``(2) Amounts.--For purposes of this title:
``(A) Congressional amount.--
``(i) In general.--The Congressional amount
is an amount equal to $100.
``(ii) Increase.--In the case of any
election cycle beginning after 2030, the amount
determined under clause (i) for any election
cycle shall be the sum of the dollar amount in
effect under such clause for the preceding
election cycle increased by the product of--
``(I) 75 percent (or the percentage
specified pursuant to section 505(c)
for such election cycle) of the
percentage (if any) by which--
``(aa) the average of the
total amount of contributions
received during the preceding
election cycle by each
candidate for the office of
Representative in, or Delegate
or Resident Commissioner to,
the Congress who is not a
participating candidate;
exceeds
``(bb) the average of the
total amount of contributions
received during the preceding
election cycle by each
participating candidate for the
office of Representative in, or
Delegate or Resident
Commissioner to, the Congress;
and
``(II) the dollar amount in effect
under clause (i) for the preceding
election cycle.
``(iii) Inflation adjustment.--In the case
of any election cycle beginning after 2030 for
which there is no increase under clause (ii),
the Congressional amount in effect for such
election cycle shall be the sum of--
``(I) the greater of the dollar
amount specified in clause (i) or the
dollar amount the amount in effect for
the most recent election cycle for
which there was such an increase; plus
``(II) the percent increase
determined under section 315(c),
determined as if the base period were--
``(aa) if there was no
prior increase in such dollar
amount pursuant to clause (ii),
2029; or
``(bb) in any other case,
the calendar year immediately
preceding the first calendar
year in the election cycle for
which the most recent such
prior increase occurred.
``(B) Senate amount.--
``(i) In general.--The Senate amount is an
amount equal to $100.
``(ii) Increase.--In the case of any
election cycle beginning after 2030, the amount
determined under clause (i) for any election
cycle shall be the sum of the dollar amount in
effect under such clause for the preceding
election cycle increased by the product of--
``(I) 75 percent (or the percentage
specified pursuant to section 505(c)
for such election cycle) of the
percentage (if any) by which--
``(aa) the average of the
total amount of contributions
received during the preceding
election cycle by each
candidate for the office of
Senator who is not a
participating candidate;
exceeds
``(bb) the average of the
total amount of contributions
received during the preceding
election cycle by each
participating candidate for the
office of Senator; and
``(II) the dollar amount in effect
under clause (i) for the preceding
election cycle.
``(iii) Inflation adjustment.--In the case
of any election cycle beginning after 2030 for
which there is no increase under clause (ii),
the Senate amount in effect for such election
cycle shall be the sum of--
``(I) the greater of the dollar
amount specified in clause (i) or the
dollar amount in effect for the most
recent election cycle for which there
was such an increase; plus
``(II) the percent increase
determined under section 315(c),
determined as if the base period were--
``(aa) if there was no
prior increase in such dollar
amount pursuant to clause (ii),
2029; or
``(bb) in any other case,
the calendar year immediately
preceding the first calendar
year in the election cycle for
which the most recent such
prior increase occurred.
``(C) Presidential amount.--
``(i) In general.--The Presidential amount
is an amount equal to $100.
``(ii) Increase.--The amount determined
under clause (i) for any election cycle
following the election cycle beginning on
January 1, 2029, in which there is an election
for the office of President shall be the sum of
the dollar amount in effect under such clause
for the preceding election cycle increased by
the product of--
``(I) 75 percent (or the percentage
specified pursuant to section 505(c)
for such election cycle) of the
percentage (if any) by which--
``(aa) the average of the
total amount of contributions
received during the preceding
election cycle in which there
was an election for the office
of President by each candidate
for such office who is not a
participating candidate;
exceeds
``(bb) the average of the
total amount of contributions
received during such preceding
election cycle by each
participating candidate for the
office of President; and
``(II) the dollar amount in effect
under clause (i) for the preceding
election cycle.
``(iii) Inflation adjustment.--In the case
of any election cycle beginning after 2030 for
which there is no increase under clause (ii),
the Presidential amount in effect for such
election cycle shall be the sum of--
``(I) the greater of the dollar
amount specified in clause (i) or the
dollar amount in effect for the most
recent election cycle for which there
was such an increase; plus
``(II) the percent increase
determined under section 315(c),
determined as if the base period were--
``(aa) if there was no
prior increase in such dollar
amount pursuant to clause (ii),
2029; or
``(bb) in any other case,
the calendar year immediately
preceding the first calendar
year in the election cycle for
which the most recent such
prior increase occurred.
``(c) Determination of Eligible Individuals.--
``(1) In general.--
``(A) Acquisition of information.--The Commission
shall obtain such information from Federal agencies and
from State and local governments as is necessary to
identify eligible individuals, determine the State in
which the eligible individual is a qualified resident,
determine whether the eligible individual is registered
to vote (in the case where the eligible individual is a
qualified resident of a State where registration is
required as a condition of voting), and deliver
democracy dollars to such eligible individuals.
``(B) Confidentiality.--The Commission shall treat
any information obtained under subparagraph (A) as
confidential and shall take such action as necessary to
protect the privacy of such information.
``(2) Limitation.--No individual shall be treated as a
qualified resident of more than 1 State.
``SEC. 503. REQUIREMENTS FOR PARTICIPATING CANDIDATES.
``(a) In General.--The Commission shall certify a candidate as a
participating candidate if such candidate--
``(1) receives qualified contributions and transfers of
democracy dollars with an aggregate value of not less than the
threshold amount;
``(2) establishes a democracy dollar account;
``(3) certifies that the candidate has complied, and, if
such candidate is certified as a participating candidate under
this section, will comply, with the contribution requirements
under subsection (c) with respect to all elections in the
applicable election series for the Federal office that the
candidate is seeking; and
``(4) certifies that the candidate has complied, and, if
such candidate is certified as a participating candidate under
this section, will comply, with the personal fund requirements
under subsection (d) with respect to all elections in the
applicable election series for the Federal office that the
candidate is seeking.
``(b) Establishment of Threshold Amount.--
``(1) Threshold amount.--
``(A) In general.--For purposes of subsection (a),
the threshold amount with respect to any election cycle
is--
``(i) in the case of a candidate for the
office of Representative in, or Delegate or
Resident Commissioner to, the Congress,
$50,000;
``(ii) in the case of a candidate for the
office of Senator, $500,000; and
``(iii) in the case of a candidate of the
office of President or Vice President,
$1,000,000.
``(B) Inflation adjustment.--In any calendar year
after 2030, section 315(c)(1)(B) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30116(c)(1)(B)) shall apply to each amount described in
subparagraph (A) in the same manner as such section
applies to the limitations established under
subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of
such section, except that for purposes of applying such
section to the amounts described in subparagraph (A),
the `base period' shall be calendar year 2029.
``(2) Return of vouchers.--
``(A) In general.--In any case of any transfer of
democracy dollars to a candidate who is not certified
under this section before the date that is 30 days
before the date of the applicable election, such
transfer shall be voided and the eligible individual
who transferred such democracy dollars shall be
permitted to transfer such democracy dollars (or
replacement democracy dollars with equivalent value) to
another participating candidate.
``(B) Applicable election.--For purposes of
subparagraph (A), the term `applicable election' means,
with respect to any candidate, the earliest of--
``(i) the primary election for nomination
to the office for which the candidate is
running;
``(ii) a convention or caucus of a
political party that has authority to nominate
a candidate for such office; or
``(iii) the election for Federal office.
In the case of a candidate for the office of President,
such term means the first primary election or caucus
held for the selection of delegates to a national
nominating convention of a political party.
``(c) Contribution Requirements.--
``(1) In general.--A candidate meets the contribution
requirement of this subsection if the candidate does not accept
any contribution other than qualified contributions.
``(2) Qualified contribution.--For purposes of this
subsection:
``(A) In general.--The term `qualified
contribution' means any contribution from an individual
so long as the aggregate amount of contributions
received by such candidate from such individual during
the election cycle do not exceed the applicable amount.
``(B) Applicable amount.--
``(i) In general.--For purposes of
subparagraph (A), the applicable amount is--
``(I) in the case of the election
cycle beginning in 2029, $1,000;
``(II) in the case of the election
cycle beginning in 2031, $800;
``(III) in the case of the election
cycle beginning in 2033, $600;
``(IV) in the case of the election
cycle beginning in 2035, $400; and
``(V) in the case of any election
cycle beginning in 2037 or later, $200.
``(ii) Indexing.--In any calendar year
after 2038, section 315(c)(1)(B) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30116(c)(1)(B)) shall apply to the $200 amount
described in clause (i)(V) in the same manner
as such section applies to the limitations
established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such
section to the $200 amount described in clause
(i)(V), the `base period' shall be calendar
year 2037.
``(C) Special rule for runoff elections.--
``(i) In general.--In the case of a runoff
election, the amount in effect under
subparagraph (B) shall be increased by $200.
``(ii) Indexing.--In any calendar year
after 2030, section 315(c)(1)(B) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30116(c)(1)(B)) shall apply to the $200 amount
described in clause (i) in the same manner as
such section applies to the limitations
established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such
section to the $200 amount described in clause
(i), the `base period' shall be calendar year
2029.
``(d) Personal Funds Requirement.--A candidate meets the personal
funds requirement of this subsection if the candidate does not spend
personal funds (including personal funds of the candidate or any
immediate family member of the candidate) in an amount in excess of
$2,500 for any election in the applicable election series.
``(e) Revocation; Prohibition on Participation.--Notwithstanding
subsection (a), the Commission may--
``(1) revoke a certification awarded under this section for
any candidate who has violated the rules of this title; or
``(2) refuse to certify any candidate under this section if
such candidate has violated the rules of this title in any
preceding election for Federal office in which such candidate
was a participating candidate.
``SEC. 504. USE OF DEMOCRACY DOLLARS.
``(a) In General.--
``(1) Transfer of democracy dollars to participating
candidates.--An eligible individual may transfer democracy
dollars to participating candidates in increments that are
multiples of $10. In any case in which an individual transfers
an amount that is not a multiple of $10, such amount shall be
treated as a transfer in amount equal to the next lowest
multiple of $10.
``(2) Amounts treated as contributions.--The amount of any
democracy dollars transferred by an eligible individual to a
participating candidate shall be treated as a contribution by
such eligible individual to the principal campaign committee of
the participating candidate for purposes of this Act, including
section 304 (relating to reports by political committees) and
315 (relating to limitations on contributions).
``(3) Amounts transferred into democracy dollars account.--
``(A) In general.--Except as provided in section
506(b), not later than 5 business days after receiving
notice of a transfer of democracy dollars to a
candidate, the Commission shall pay into the democracy
dollar account of a participating candidate an amount
equal to the value of the democracy dollars so
transferred to such candidate.
``(B) Minimum amounts.--Notwithstanding
subparagraph (A), the Commission under regulations may
require a minimum value threshold of democracy dollars
transferred to a particular candidate before making a
payment under subparagraph (A).
``(b) Use of Amounts in Accounts.--
``(1) Permissible uses.--Amounts in a democracy dollars
account may be used--
``(A) for otherwise authorized expenditures in
connection with the campaign for Federal office of the
candidate; and
``(B) as provided in subsection (c) (relating to
return of funds).
``(2) Prohibited uses.--Amounts in a democracy dollars
account shall not--
``(A) be converted by any person to personal use
(within the meaning of section 313(b));
``(B) be used to reimburse any eligible individual
for the transfer of democracy dollars; or
``(C) be used to make any payment to any member of
the family of the candidate (including for any
expenditure described in paragraph (1)(A)).
``(c) Return of Funds.--Not later than the date that is 10 business
days after the earliest of the date on which the participating
candidate--
``(1) withdraws from an election in the applicable election
series;
``(2) no longer qualifies to be on the ballot for any
election in the applicable election series; or
``(3) loses an election in the applicable election series;
the participating candidate shall remit to the Commission any amounts
in the democracy dollars account of such candidate that remain
unexpended as of such date.
``SEC. 505. ADMINISTRATION.
``(a) In General.--The Commission shall by regulations establish
rules for the administration of this title.
``(b) Audits.--The Commission shall--
``(1) conduct random audits of participating candidates
under this title; and
``(2) establish rules for the conduct of such audits,
including rules relating to appropriate sample sizes for such
audits.
``(c) Review and Adjustment of Certain Amounts.--
``(1) Review.--
``(A) In general.--After each general election for
Federal office, the Commission shall conduct a review
of the dollar amount for the Congressional amount, the
Senate amount, and the Presidential amount under
section 502(b).
``(B) Criteria.--In conducting such review, the
Commission shall consider whether the amounts are
sufficient to allow participating candidates to run
robust campaigns and to compete with candidates that
are not participating candidates.
``(2) Adjustment.--Based on the review conducted under
paragraph (1), the Commission may increase the 75 percent
amount under subparagraphs (A)(ii), (B)(ii), and (C)(ii) of
section 502(b)(2), except that such amount may not be adjusted
to an amount in excess of 200 percent.
``(d) Public Outreach.--The Commission shall establish an
information program to make eligible individuals aware of the
availability of democracy dollars under this title. Such program shall
include the targeting of communities and individuals who have not
previously made contributions to candidates and shall encourage voter
registration.
``SEC. 506. FUNDING.
``(a) Authorization of Appropriations.--
``(1) In general.--There are hereby appropriated such sums
as necessary to carry out the purposes of this title.
``(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available without fiscal year
limitation until expended.
``(b) Treatment of Transfers in Excess of Appropriations.--In any
case in which the aggregate amount of democracy dollars transferred to
participating candidates exceeds the amount appropriated under
subsection (a), the Commission shall make payments under section
504(a)(3) in full based on the order in time in which the Commission
was notified of the transfer.''.
(b) Reporting of Democracy Dollar Contributions.--
(1) In general.--Section 304(b)(3) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104(b)(3)(A)) is amended--
(A) by inserting ``(i)'' after ``(A)''; and
(B) in subparagraph (A)--
(i) in clause (i), as added by subparagraph
(A), by inserting ``and'' after the semicolon;
and
(ii) by adding at the end the following:
``(ii) individual who makes a contribution of
democracy dollars (as defined in section 501) during
the reporting period, except that in order to protect
the privacy of such individual, any identity
information other than the ZIP Code, city, and
occupation of such individual shall be provided on a
separate list which shall not be made available to the
public;''.
(2) Conforming amendment.--Section 311(a)(4) of such Act
(52 U.S.C. 30111(a)(4)) is amended by striking the last
sentence and inserting ``The Commission shall exclude from the
public record any list provided under the preceding sentence or
under section 304(b)(3)(A)(ii).''.
(c) Repeal of Presidential Financing System.--
(1) In general.--The Internal Revenue Code of 1986 is
amended by striking subtitle H.
(2) Repeal of income tax designations.--Subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
striking part VIII.
(3) Transfer of remaining amounts.--Amounts remaining in
the Presidential Election Campaign Fund on the date described
in subsection (d) shall be transferred to the general fund of
the Treasury.
(4) Clerical amendments.--
(A) The table of subtitles for the Internal Revenue
Code of 1986 is amended by striking the item relating
to subtitle H.
(B) The table of parts for subchapter A of chapter
61 of such Code is amended by striking the item
relating to part VIII.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections for Federal office occurring after
December 31, 2028.
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