[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4424-S4488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2192. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, insert the following:
DIVISION _--FREEDOM TO VOTE
SECTION 1. SHORT TITLE.
This division may be cited as the ``Freedom to Vote Act''.
SEC. 2. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF
CONTENTS.
(a) Subdivisions.--This division is organized into
subdivisions as follows:
(1) Subdivision 1--Voter Access.
(2) Subdivision 2--Election Integrity.
(3) Subdivision 3--Civic Participation and Empowerment.
(b) Table of Contents.--The table of contents of this
division is as follows:
Sec. 1. Short title.
Sec. 2. Organization of division into subdivisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
Sec. 5. Severability.
SUBDIVISION 1--Voter Access
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
[[Page S4425]]
PART 1--Automatic Voter Registration
Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.
PART 2--Election Day as Legal Public Holiday
Sec. 1011. Election day as legal public holiday.
PART 3--Promoting Internet Registration
Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more
than last 4 digits of social security number.
Sec. 1026. Application of rules to certain exempt States.
Sec. 1027. Report on data collection relating to online voter
registration systems.
Sec. 1028. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1029. Effective date.
PART 4--Same Day Voter Registration
Sec. 1031. Same day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
PART 5--Streamline Voter Registration Information, Access, and Privacy
Sec. 1041. Authorizing the dissemination of voter registration
information displays following naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain
leases and vouchers for federally assisted rental housing
and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 1044. Requiring States to establish and operate voter privacy
programs.
PART 6--Funding Support to States for Compliance
Sec. 1051. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with
disabilities.
Sec. 1102. Establishment and maintenance of State accessible election
websites.
Sec. 1103. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Sec. 1106. Pilot programs for enabling individuals with disabilities to
register to vote privately and independently at
residences.
Sec. 1107. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Early Voting
Sec. 1201. Early voting.
Subtitle D--Voting by Mail
Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted
ballots in elections for Federal office.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
Sec. 1401. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent
elections.
Sec. 1405. Extending guarantee of residency for voting purposes to
family members of absent military personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas
Voter Empowerment Act amendments related to the Federal
write-in absentee ballot.
Sec. 1407. Treatment of post card registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.
Subtitle F--Enhancement of Enforcement
Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
PART 1--Promoting Voter Access
Sec. 1601. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1602. Applicability to Commonwealth of the Northern Mariana
Islands.
Sec. 1603. Elimination of 14-day time period between general election
and runoff election for Federal elections in the Virgin
Islands and Guam.
Sec. 1604. Application of Federal election administration laws to
territories of the United States.
Sec. 1605. Application of Federal voter protection laws to territories
of the United States.
Sec. 1606. Ensuring equitable and efficient operation of polling
places.
Sec. 1607. Prohibiting States from restricting curbside voting.
PART 2--Improvements in Operation of Election Assistance Commission
Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.
PART 3--Miscellaneous Provisions
Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter
registration.
Sec. 1624. Clarification of exemption for States which do not collect
telephone information.
Subtitle H--Democracy Restoration
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.
Subtitle I--Voter Identification and Allowable Alternatives
Sec. 1801. Requirements for voter identification.
Subtitle J--Voter List Maintenance Procedures
PART 1--Voter Caging Prohibited
Sec. 1901. Voter caging prohibited.
PART 2--Saving Eligible Voters From Voter Purging
Sec. 1911. Conditions for removal of voters from list of registered
voters.
Subtitle K--Severability
Sec. 1921. Severability.
SUBDIVISION 2--Election Integrity
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
Sec. 2001. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 2002. Establishment of best practices.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
Sec. 3001. Restrictions on removal of local election administrators in
administration of elections for Federal office.
Subtitle B--Increased Protections for Election Workers
Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvass, and
certification efforts a crime.
Subtitle D--Protection of Election Records & Election Infrastructure
Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.
Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation
PART 1--Right to Vote Act
Sec. 3401. Short title.
Sec. 3402. Undue burdens on the ability to vote in elections for
Federal office prohibited.
Sec. 3403. Judicial review.
Sec. 3404. Definitions.
[[Page S4426]]
Sec. 3405. Rules of construction.
Sec. 3406. Severability.
Sec. 3407. Effective date.
PART 2--Clarifying Jurisdiction Over Election Disputes
Sec. 3411. Findings.
Sec. 3412. Clarifying authority of United States district courts to
hear cases.
Sec. 3413. Effective date.
Subtitle F--Poll Worker Recruitment and Training
Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.
Subtitle G--Preventing Poll Observer Interference
Sec. 3601. Protections for voters on Election Day.
Subtitle H--Preventing Restrictions on Food and Beverages
Sec. 3701. Short title; findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages
at polling stations.
Subtitle I--Establishing Duty to Report Foreign Election Interference
Sec. 3801. Findings relating to illicit money undermining our
democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance
system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.
Sec. 3903. Accessibility and ballot verification for individuals with
disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Subtitle K--Provisional Ballots
Sec. 3911. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
TITLE IV--VOTING SYSTEM SECURITY
Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and
remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Use of political party headquarters building fund for
technology or cybersecurity-related purposes.
Sec. 4007. Severability.
SUBDIVISION 3--Civic Participation and Empowerment
TITLE V--NONPARTISAN REDISTRICTING REFORM
Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
Sec. 6001. Short title.
Sec. 6002. Findings.
PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 6003. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 6004. Study and report on illicit foreign money in Federal
elections.
Sec. 6005. Prohibition on contributions and donations by foreign
nationals in connection with ballot initiatives and
referenda.
Sec. 6006. Disbursements and activities subject to foreign money ban.
Sec. 6007. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign nationals.
PART 2--Reporting of Campaign-Related Disbursements
Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered
transfers.
Sec. 6015. Sense of Congress regarding implementation.
Sec. 6016. Effective date.
PART 3--Other Administrative Reforms
Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
Sec. 6023. Effective date.
Subtitle B--Honest Ads
Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online
communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
Sec. 6110. Requiring online platforms to display notices identifying
sponsors of political advertisements and to ensure
notices continue to be present when advertisements are
shared.
Subtitle C--Spotlight Act
Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of
certain organizations.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Subtitle B--Restoring Integrity to America's Elections
Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Official exercising the responsibilities of the general
counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under
the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding to Promote Democracy
PART 1--Payments and Allocations to States
Sec. 8001. Democracy Advancement and Innovation Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in
elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of Democracy Advancement and Innovation.
PART 2--State Election Assistance and Innovation Trust Fund
Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.
PART 3--General Provisions
Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.
Subtitle B--Elections for House of Representatives
Sec. 8101. Short title.
PART 1--Optional Democracy Credit Program
Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.
PART 2--Optional Small Dollar Financing of Elections for House of
Representatives
Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating
candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 8114. Deadline for regulations; effective date.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.
[[Page S4427]]
Subtitle D--Empowering Small Dollar Donations
Sec. 8301. Permitting political party committees to provide enhanced
support for House candidates through use of separate
small dollar accounts.
Subtitle E--Severability
Sec. 8401. Severability.
SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.
Congress finds that the Constitution of the United States
grants explicit and broad authority to protect the right to
vote, to regulate elections for Federal office, to prevent
and remedy discrimination in voting, and to defend the
Nation's democratic process. Congress enacts the Freedom to
Vote Act pursuant to this broad authority, including but not
limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section
4, clause 1. The Supreme Court has affirmed that the
``substantive scope'' of the Elections Clause is ``broad'';
that ``Times, Places, and Manner'' are ``comprehensive words
which embrace authority to provide for a complete code for
congressional elections''; and ``[t]he power of Congress over
the Times, Places and Manner of congressional elections is
paramount, and may be exercised at any time, and to any
extent which it deems expedient; and so far as it is
exercised, and no farther, the regulations effected supersede
those of the State which are inconsistent therewith''.
Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9
(2013) (internal quotation marks and citations omitted).
Indeed, ``Congress has plenary and paramount jurisdiction
over the whole subject'' of congressional elections, Ex parte
Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power
``may be exercised as and when Congress sees fit'', and ``so
far as it extends and conflicts with the regulations of the
State, necessarily supersedes them''. Id. at 384. Among other
things, Congress finds that the Elections Clause was intended
to ``vindicate the people's right to equality of
representation in the House''. Wesberry v. Sanders, 376 U.S.
1, 16 (1964), and to address partisan gerrymandering, Rucho
v. Common Cause, 139 S. Ct. 2484 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United
States, to fulfill the promise of article IV, section 4, of
the Constitution, which states: ``The United States shall
guarantee to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is clear given
that Federal courts have not enforced this clause because
they understood that its enforcement is committed to Congress
by the Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to
legislate to enforce the provisions of the Fourteenth
Amendment, including its protections of the right to vote and
the democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd.
of Election v. Socialist Workers Party, 440 U.S. 173, 184
(1979); see United States v. Classic, 313 U.S. 299 (1941)
(``Obviously included within the right to choose, secured by
the Constitution, is the right of qualified voters within a
State to cast their ballots and have them counted . . .'').
As the Supreme Court has repeatedly affirmed, the right to
vote is ``preservative of all rights'', Yick Wo v. Hopkins,
118 U.S. 356, 370 (1886). Section 2 of the Fourteenth
Amendment also protects the right to vote, granting Congress
additional authority to reduce a State's representation in
Congress when the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively
onerous voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a
citizen's vote just as effectively as by wholly prohibiting
the free exercise of the franchise''. Reynolds v. Sims, 377
U.S. 533, 555 (1964). Congress finds that the right of
suffrage has been so diluted and debased by means of
gerrymandering of districts. Congress finds that it has
authority pursuant to section 5 of the Fourteenth Amendment
to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and
the democratic process pursuant to both section 5 of the
Fourteenth Amendment, which grants equal protection of the
laws, and section 2 of the Fifteenth Amendment, which
explicitly bars denial or abridgment of the right to vote on
account of race, color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting
restrictions, redistricting, and other electoral practices
and processes continue to disproportionately impact
communities of color in the United States and do so as a
result of both intentional racial discrimination, structural
racism, and the ongoing structural socioeconomic effects of
historical racial discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face
intimidation at the polls, are more likely to be
disenfranchised by voter purges, and are disproportionately
burdened by excessively onerous voter identification and
other voter restrictions. Research shows that communities of
color are more likely to face nearly every barrier to voting
than their white counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2022, according to the Sentencing
Project, an estimated 4,600,000 Americans could not vote due
to a felony conviction. One in 19 African Americans of voting
age is disenfranchised, a rate 3.5 times greater than that of
non-African Americans. In eight States--Alabama, Arizona,
Florida, Kentucky, Mississippi, South Dakota, Tennessee, and
Virginia--more than one in ten African Americans is
disenfranchised, nearly twice the national average for
African Americans. Congress finds that felony
disenfranchisement was one of the tools of intentional racial
discrimination during the Jim Crow era. Congress further
finds that current racial disparities in felony
disenfranchisement are linked to this history of voter
suppression, structural racism in the criminal justice
system, and ongoing effects of historical discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on
account of sex, age, or ability to pay a poll tax or other
tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions and other restrictions to the franchise burden
voters on account of their ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses,
age restrictions on mail voting, and similar practices burden
the right to vote on account of age.
SEC. 4. STANDARDS FOR JUDICIAL REVIEW.
(a) In General.--For any action brought for declaratory or
injunctive relief to challenge, whether facially or as-
applied, the constitutionality or lawfulness of any provision
of this division or any amendment made by this division or
any rule or regulation promulgated under this division, the
following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit. These courts,
and the Supreme Court of the United States on a writ of
certiorari (if such writ is issued), shall have exclusive
jurisdiction to hear such actions.
(2) The party filing the action shall concurrently deliver
a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals
for the District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
(b) Clarifying Scope of Jurisdiction.--If an action at the
time of its commencement is not subject to subsection (a),
but an amendment, counterclaim, cross-claim, affirmative
defense, or any other pleading or motion is filed
challenging, whether facially or as-applied, the
constitutionality or lawfulness of this division or any
amendment made by this division or any rule or regulation
promulgated under this division, the district court shall
transfer the action to the District Court for the District of
Columbia, and the action shall thereafter be conducted
pursuant to subsection (a).
(c) Intervention by Members of Congress.--In any action
described in subsection (a), any Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) or Senate shall have the right
to intervene either in support of or opposition to the
position of a party to the case regarding the
constitutionality of the provision. To avoid duplication of
efforts and reduce the burdens placed on the parties to the
action, the court in any such action may make such orders as
it considers necessary, including orders to require
interveners taking similar positions to file joint papers or
to be represented by a single attorney at oral argument.
SEC. 5. SEVERABILITY.
If any provision of this division or any amendment made by
this division, or the application of any such provision or
amendment to any person or circumstance, is held to be
unconstitutional, the remainder of this division, and the
application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
SUBDIVISION 1--VOTER ACCESS
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2024''.
[[Page S4428]]
(b) Statement of Policy.--It is the policy of the United
States that--
(1) the ability of all eligible citizens of the United
States to access and exercise their constitutional right to
vote in a free, fair, and timely manner must be vigilantly
enhanced, protected, and maintained; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2024''.
PART 1--AUTOMATIC VOTER REGISTRATION
SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic
Voter Registration Act of 2024''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of citizens of
the United States;
(B) it is the responsibility of the State and Federal
governments to ensure that every eligible citizen is
registered to vote;
(C) existing voter registration systems can be inaccurate,
costly, inaccessible and confusing, with damaging effects on
voter participation in elections for Federal office and
disproportionate impacts on young people, persons with
disabilities, and racial and ethnic minorities; and
(D) voter registration systems must be updated with 21st
century technologies and procedures to maintain their
security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government to ensure that all eligible citizens are
registered to vote in elections for Federal office;
(B) to enable the State governments to register all
eligible citizens to vote with accurate, cost-efficient, and
up-to-date procedures;
(C) to modernize voter registration and list maintenance
procedures with electronic and internet capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process for
all eligible citizens.
SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) In General.--The National Voter Registration Act of
1993 (52 U.S.C. 20504) is amended by inserting after section
5 the following new section:
``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE
AUTHORITY.
``(a) Definitions.--In this section--
``(1) Applicable agency.--The term `applicable agency'
means, with respect to a State, the State motor vehicle
authority responsible for motor vehicle driver's licenses
under State law.
``(2) Applicable transaction.--The term `applicable
transaction' means--
``(A) an application to an applicable agency for a motor
vehicle driver's license; and
``(B) any other service or assistance (including for a
change of address) provided by an applicable agency.
``(3) Automatic registration.--The term `automatic
registration' means a system that registers an individual to
vote and updates existing registrations, in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
the applicable agency to election officials of the State so
that, unless the individual affirmatively declines to be
registered or to update any voter registration, the
individual will be registered to vote in such elections.
``(4) Eligible individual.--The term `eligible individual'
means, with respect to an election for Federal office, an
individual who is otherwise qualified to vote in that
election.
``(5) Register to vote.--The term `register to vote'
includes updating an individual's existing voter
registration.
``(b) Establishment.--
``(1) In general.--The chief State election official of
each State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this section.
``(2) Registration of voters based on new agency records.--
``(A) In general.--The chief State election official
shall--
``(i) subject to subparagraph (B), ensure that each
eligible individual who completes an applicable transaction
and does not decline to register to vote is registered to
vote--
``(I) in the next upcoming election for Federal office (and
subsequent elections for Federal office), if an applicable
agency transmits information under subsection (c)(1)(E) with
respect to the individual not later than the applicable date;
and
``(II) in subsequent elections for Federal office, if an
applicable agency transmits such information with respect to
such individual after the applicable date; and
``(ii) not later than 60 days after the receipt of such
information with respect to an individual, send written
notice to the individual, in addition to other means of
notice established by this section, of the individual's voter
registration status.
``(B) Applicable date.--For purposes of this subsection,
the term `applicable date' means, with respect to any
election for Federal office, the later of--
``(i) the date that is 28 days before the date of the
election; or
``(ii) the last day of the period provided by State law for
registration with respect to such election.
``(C) Clarification.--Nothing in this subsection shall
prevent the chief State election official from registering an
eligible individual to vote for the next upcoming election
for Federal office in the State even if an applicable agency
transmits information under subsection (c)(1)(E) with respect
to the individual after the applicable date.
``(3) Treatment of individuals under 18 years of age.--A
State may not refuse to treat an individual as an eligible
individual for purposes of this section on the grounds that
the individual is less than 18 years of age at the time an
applicable agency receives information with respect to the
individual, so long as the individual is at least 16 years of
age at such time. Nothing in the previous sentence may be
construed to require a State to permit an individual who is
under 18 years of age at the time of an election for Federal
office to vote in the election.
``(c) Applicable Agency Responsibilities.--
``(1) Instructions on automatic registration for agencies
collecting citizenship information.--
``(A) In general.--Except as otherwise provided in this
section, in the case of any applicable transaction for which
an applicable agency (in the normal course of its operations)
requests individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance or enrollment), the applicable agency
shall inform each such individual who is a citizen of the
United States of the following:
``(i) Unless that individual declines to register to vote,
or is found ineligible to vote, the individual will be
registered to vote or, if applicable, the individual's
registration will be updated.
``(ii) The substantive qualifications of an elector in the
State as listed in the mail voter registration application
form for elections for Federal office prescribed pursuant to
section 9, the consequences of false registration, and how
the individual should decline to register if the individual
does not meet all those qualifications.
``(iii) In the case of a State in which affiliation or
enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, the requirement that the
individual must affiliate or enroll with a political party in
order to participate in such an election.
``(iv) Voter registration is voluntary, and neither
registering nor declining to register to vote will in any way
affect the availability of services or benefits, nor be used
for other purposes.
``(B) Individuals with limited english proficiency.--In the
case in which the individual is a member of a group that
constitutes 3 percent or more of the overall population
within the State served by the applicable agency as measured
by the United States Census and are limited English
proficient, the information described in clauses (i) through
(iv) of subparagraph (A) shall be provided in a language
understood by the individual.
``(C) Clarification on procedures for ineligible voters.--
An applicable agency shall not provide an individual who did
not affirm United States citizenship, or for whom the agency
has conclusive documentary evidence obtained through its
normal course of operations that the individual is not a
United State citizen, the opportunity to register to vote
under subparagraph (A).
``(D) Opportunity to decline registration required.--Except
as otherwise provided in this section, each applicable agency
shall ensure that each applicable transaction described in
subparagraph (A) with an eligible individual cannot be
completed until the individual is given the opportunity to
decline to be registered to vote. In the case where the
individual is a member of a group that constitutes 3 percent
or more of the overall population within the State served by
the applicable agency as measured by the United States Census
and are limited English proficient, such opportunity shall be
given in a language understood by the individual.
``(E) Information transmittal.--Not later than 10 days
after an applicable transaction with an eligible individual,
if the individual did not decline to be registered to vote,
the applicable agency shall electronically transmit to the
appropriate State election official the following information
with respect to the individual:
``(i) The individual's given name(s) and surname(s).
``(ii) The individual's date of birth.
``(iii) The individual's residential address.
``(iv) Information showing that the individual is a citizen
of the United States.
``(v) The date on which information pertaining to that
individual was collected or last updated.
``(vi) If available, the individual's signature in
electronic form.
``(vii) In the case of a State in which affiliation or
enrollment with a political party is
[[Page S4429]]
required in order to participate in an election to select the
party's candidate in an election for Federal office,
information regarding the individual's affiliation or
enrollment with a political party, but only if the individual
provides such information.
``(viii) Any additional information listed in the mail
voter registration application form for elections for Federal
office prescribed pursuant to section 9, including any valid
driver's license number or the last 4 digits of the
individual's social security number, if the individual
provided such information.
``(F) Provision of information regarding participation in
primary elections.--In the case of a State in which
affiliation or enrollment with a political party is required
in order to participate in an election to select the party's
candidate in an election for Federal office, if the
information transmitted under subparagraph (E) with respect
to an individual does not include information regarding the
individual's affiliation or enrollment with a political
party, the chief State election official shall--
``(i) notify the individual that such affiliation or
enrollment is required to participate in primary elections;
and
``(ii) provide an opportunity for the individual to update
their registration with a party affiliation or enrollment.
``(G) Clarification.--Nothing in this section shall be read
to require an applicable agency to transmit to an election
official the information described in subparagraph (E) for an
individual who is ineligible to vote in elections for Federal
office in the State, except to the extent required to pre-
register citizens between 16 and 18 years of age.
``(2) Alternate procedure for certain other applicable
agencies.--With each applicable transaction for which an
applicable agency in the normal course of its operations does
not request individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance), the applicable agency shall--
``(A) complete the requirements of section 5;
``(B) ensure that each applicant's transaction with the
applicable agency cannot be completed until the applicant has
indicated whether the applicant wishes to register to vote or
declines to register to vote in elections for Federal office
held in the State; and
``(C) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (c)(1)(E), unless the applicable agency has
conclusive documentary evidence obtained through its normal
course of operations that the individual is not a United
States citizen.
``(3) Required availability of automatic registration
opportunity with each application for service or
assistance.--Each applicable agency shall offer each eligible
individual, with each applicable transaction, the opportunity
to register to vote as prescribed by this section without
regard to whether the individual previously declined a
registration opportunity.
``(d) Voter Protection.--
``(1) Applicable agencies' protection of information.--
Nothing in this section authorizes an applicable agency to
collect, retain, transmit, or publicly disclose any of the
following, except as necessary to comply with title III of
the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
``(A) An individual's decision to decline to register to
vote or not to register to vote.
``(B) An individual's decision not to affirm his or her
citizenship.
``(C) Any information that an applicable agency transmits
pursuant to subsection (c)(1)(E), except in pursuing the
agency's ordinary course of business.
``(2) Election officials' protection of information.--
``(A) Public disclosure prohibited.--
``(i) In general.--Subject to clause (ii), with respect to
any individual for whom any State election official receives
information from an applicable agency, the State election
official shall not publicly disclose any of the following:
``(I) Any information not necessary to voter registration.
``(II) Any voter information otherwise shielded from
disclosure under State law or section 8(a).
``(III) Any portion of the individual's social security
number.
``(IV) Any portion of the individual's motor vehicle
driver's license number.
``(V) The individual's signature.
``(VI) The individual's telephone number.
``(VII) The individual's email address.
``(ii) Special rule for individuals registered to vote.--
The prohibition on public disclosure under clause (i) shall
not apply with respect to the telephone number or email
address of any individual for whom any State election
official receives information from the applicable agency and
who, on the basis of such information, is registered to vote
in the State under this section.
``(e) Miscellaneous Provisions.--
``(1) Accessibility of registration services.--Each
applicable agency shall ensure that the services it provides
under this section are made available to individuals with
disabilities to the same extent as services are made
available to all other individuals.
``(2) Transmission through secure third party permitted.--
Nothing in this section or in the Automatic Voter
Registration Act of 2024 shall be construed to prevent an
applicable agency from contracting with a third party to
assist the agency in meeting the information transmittal
requirements of this section, so long as the data transmittal
complies with the applicable requirements of this section and
such Act, including provisions relating privacy and security.
``(3) Nonpartisan, nondiscriminatory provision of
services.--The services made available by applicable agencies
under this section shall be made in a manner consistent with
paragraphs (4), (5), and (6)(C) of section 7(a).
``(4) Notices.--Each State may send notices under this
section via electronic mail if the individual has provided an
electronic mail address and consented to electronic mail
communications for election-related materials. All notices
sent pursuant to this section that require a response must
offer the individual notified the opportunity to respond at
no cost to the individual.
``(5) Registration at other state offices permitted.--
Nothing in this section may be construed to prohibit a State
from offering voter registration services described in this
section at offices of the State other than the State motor
vehicle authority.
``(f) Applicability.--
``(1) In general.--This section shall not apply to an
exempt State.
``(2) Exempt state defined.--The term `exempt State' means
a State that, under law that is in effect continuously on and
after the date of enactment of this section, either--
``(A) has no voter registration requirement for any voter
in the State with respect to a Federal election; or
``(B) operates a system of automatic registration at the
motor vehicle authority of the State or a Permanent Dividend
Fund of the State under which an individual is provided the
opportunity to decline registration during the transaction or
by way of a notice sent by mail or electronically after the
transaction.''.
(b) Conforming Amendments.--
(1) Section 4(a) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(a)) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4),
respectively, and by inserting after paragraph (1) the
following new paragraph:
``(2) by application made simultaneously with an
application for a motor vehicle driver's license pursuant to
section 5A;''.
(2) Section 4(b) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(b)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``States.--This Act'' and inserting
``States.--
``(1) In general.--Except as provided in paragraph (2),
this Act''; and
(C) by adding at the end the following new paragraph:
``(2) Application of automatic registration requirements.--
Section 5A shall apply to a State described in paragraph (1),
unless the State is an exempt State as defined in subsection
(f)(2) of such section.''.
(3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is
amended by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of registration under section 5A, within
the period provided in section 5A(b)(2);''.
SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC
REGISTRATION.
(a) Protections for Errors in Registration.--An individual
shall not be prosecuted under any Federal or State law,
adversely affected in any civil adjudication concerning
immigration status or naturalization, or subject to an
allegation in any legal proceeding that the individual is not
a citizen of the United States on any of the following
grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote.
(2) The individual is not eligible to vote in elections for
Federal office but was registered to vote due to individual
or agency error.
(3) The individual was automatically registered to vote at
an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration.
(b) Limits on Use of Automatic Registration.--The automatic
registration (within the meaning of section 5A of the
National Voter Registration Act of 1993) of any individual or
the fact that an individual declined the opportunity to
register to vote or did not make an affirmation of
citizenship (including through automatic registration) may
not be used as evidence against that individual in any State
or Federal law enforcement proceeding or any civil
adjudication concerning immigration status or naturalization,
and an individual's lack of knowledge or willfulness of such
registration may be demonstrated by the individual's
testimony alone.
(c) Protection of Election Integrity.--Nothing in
subsections (a) or (b) may be construed to prohibit or
restrict any action under color of law against an individual
who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration (within
the meaning of section 5A of the National Voter Registration
Act of 1993) by any individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
[[Page S4430]]
(d) Election Officials' Protection of Information.--
(1) Voter record changes.--Each State shall maintain for
not less than 2 years and shall make available for public
inspection (and, where available, photocopying at a
reasonable cost), including in electronic form and through
electronic methods, all records of changes to voter records,
including removals, the reasons for removals, and updates.
(2) Database management standards.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Institute of Standards and Technology, in
consultation with State and local election officials and the
Commission, shall, after providing the public with notice and
the opportunity to comment--
(A) establish standards governing the comparison of data
for voter registration list maintenance purposes, identifying
as part of such standards the specific data elements, the
matching rules used, and how a State may use the data to
determine and deem that an individual is ineligible under
State law to vote in an election, or to deem a record to be a
duplicate or outdated;
(B) ensure that the standards developed pursuant to this
paragraph are uniform and nondiscriminatory and are applied
in a uniform and nondiscriminatory manner;
(C) not later than 45 days after the deadline for public
notice and comment, publish the standards developed pursuant
to this paragraph on the Director's website and make those
standards available in written form upon request; and
(D) ensure that the standards developed pursuant to this
paragraph are maintained and updated in a manner that
reflects innovations and best practices in the security of
database management.
(3) Security policy.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall, after providing the public
with notice and the opportunity to comment, publish privacy
and security standards for voter registration information not
later than 45 days after the deadline for public notice and
comment. The standards shall require the chief State election
official of each State to adopt a policy that shall specify--
(i) each class of users who shall have authorized access to
the computerized statewide voter registration list,
specifying for each class the permission and levels of access
to be granted, and setting forth other safeguards to protect
the privacy, security, and accuracy of the information on the
list; and
(ii) security safeguards to protect personal information
transmitted through the information transmittal processes of
section 5A(b) of the National Voter Registration Act of 1993,
any telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(B) Maintenance and updating.--The Director of the National
Institute of Standards and Technology shall ensure that the
standards developed pursuant to this paragraph are maintained
and updated in a manner that reflects innovations and best
practices in the privacy and security of voter registration
information.
(4) State compliance with national standards.--
(A) Certification.--The chief State election official of
the State shall annually file with the Commission a statement
certifying to the Director of the National Institute of
Standards and Technology that the State is in compliance with
the standards referred to in paragraphs (2) and (3). A State
may meet the requirement of the previous sentence by filing
with the Commission a statement that reads as follows:
``_____ hereby certifies that it is in compliance with the
standards referred to in paragraphs (2) and (3) of section
1003(d) of the Automatic Voter Registration Act of 2024.''
(with the blank to be filled in with the name of the State
involved).
(B) Publication of policies and procedures.--The chief
State election official of a State shall publish on the
official's website the policies and procedures established
under this section, and shall make those policies and
procedures available in written form upon public request.
(C) Funding dependent on certification.--If a State does
not timely file the certification required under this
paragraph, it shall not receive any payment under this part
for the upcoming fiscal year.
(D) Compliance of states that require changes to state
law.--In the case of a State that requires State legislation
to carry out an activity covered by any certification
submitted under this paragraph, for a period of not more than
2 years, the State shall be permitted to make the
certification notwithstanding that the legislation has not
been enacted at the time the certification is submitted, and
such State shall submit an additional certification once such
legislation is enacted.
(e) Restrictions on Use of Information.--No person acting
under color of law may discriminate against any individual
based on, or use for any purpose other than voter
registration, election administration, juror selection, or
enforcement relating to election crimes, any of the
following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 5A of
the National Voter Registration Act of 1993.
(3) An individual's voter registration status.
(f) Prohibition on the Use of Voter Registration
Information for Commercial Purposes.--Information collected
under this part or the amendments made by this part shall not
be used for commercial purposes. Nothing in this subsection
may be construed to prohibit the transmission, exchange, or
dissemination of information for political purposes,
including the support of campaigns for election for Federal,
State, or local public office or the activities of political
committees (including committees of political parties) under
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.).
SEC. 1004. PAYMENTS AND GRANTS.
(a) In General.--The Commission shall make grants to each
eligible State to assist the State in implementing the
requirements of this part and the amendments made by this
part (or, in the case of an exempt State, in implementing its
existing automatic voter registration program or expanding
its automatic voter registration program in a manner
consistent with the requirements of this part) with respect
to the offices of the State motor vehicle authority and any
other offices of the State at which the State offers voter
registration services as described in this part and the
amendments made by this part.
(b) Eligibility; Application.--A State is eligible to
receive a grant under this section if the State submits to
the Commission, at such time and in such form as the
Commission may require, an application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall
determine the amount of a grant made to an eligible State
under this section. In determining the amounts of the grants,
the Commission shall give priority to providing funds for
those activities that are most likely to accelerate
compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the
ability of the State to automatically register individuals to
vote through its existing automatic voter registration
program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between applicable agencies (as defined in section 5A of the
National Voter Registration Act of 1993) and the appropriate
State election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of enactment of this
Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously
exist; and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Exempt State.--For purposes of this section, the term
``exempt State'' has the meaning given that term in section
5A of the National Voter Registration Act of 1993, and also
includes a State in which, under law that is in effect
continuously on and after the date of enactment of the
National Voter Registration Act of 1993, there is no voter
registration requirement for any voter in the State with
respect to an election for Federal office.
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $3,000,000,000 for fiscal year 2026; and
(B) such sums as may be necessary for each succeeding
fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection
shall remain available without fiscal year limitation until
expended.
SEC. 1005. MISCELLANEOUS PROVISIONS.
(a) Enforcement.--Section 11 of the National Voter
Registration Act of 1993 (52 U.S.C. 20510), relating to civil
enforcement and the availability of private rights of action,
shall apply with respect to this part in the same manner as
such section applies to such Act.
(b) Relation to Other Laws.--Except as provided, nothing in
this part or the amendments made by this part may be
construed to authorize or require conduct prohibited under,
or to supersede, restrict, or limit the application of any of
the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.) (other than section 5A thereof).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 1006. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for coordination of
the State's responsibilities under such Act.
[[Page S4431]]
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
SEC. 1007. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
part and the amendments made by this part shall apply on and
after January 1, 2027.
(b) Waiver.--If a State certifies to the Commission not
later than January 1, 2027, that the State will not meet the
deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such deadline, subsection (a)
shall apply to the State as if the reference in such
subsection to ``January 1, 2027'' were a reference to
``January 1, 2029''.
PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY
SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.
(a) In General.--Section 6103(a) of title 5, United States
Code, is amended by inserting after the item relating to
Columbus Day, the following:
``Election Day, the Tuesday next after the first Monday in
November in each even-numbered year.''.
(b) Conforming Amendment.--Section 241(b) of the Help
America Vote Act of 2002 (52 U.S.C. 20981(b)) is amended--
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (19) as
paragraphs (10) through (18), respectively.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the regularly scheduled general
elections for Federal office held in November 2024 or any
succeeding year.
PART 3--PROMOTING INTERNET REGISTRATION
SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER
REGISTRATION.
(a) Requiring Availability of Internet for Registration.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501
et seq.) is amended by inserting after section 6 the
following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online
Registration.--Each State, acting through the chief State
election official, shall ensure that the following services
are available to the public at any time on the official
public websites of the appropriate State and local election
officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall
accept an online voter registration application provided by
an individual under this section, and ensure that the
individual is registered to vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote
by mail in accordance with section 6(a)(1) using the mail
voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2);
and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in
the case of applications submitted during or after the second
year in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a signature on
file with a State agency, including the State motor vehicle
authority, that is required to provide voter registration
services under this Act or any other law, the individual
consents to the transfer of that electronic signature.
``(B) If subparagraph (A) does not apply, the individual
submits with the application an electronic copy of the
individual's handwritten signature through electronic means.
``(C) If subparagraph (A) and subparagraph (B) do not
apply, the individual executes a computerized mark in the
signature field on an online voter registration application,
in accordance with reasonable security measures established
by the State, but only if the State accepts such mark from
the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements under paragraph (1), the State shall--
``(A) permit the individual to complete all other elements
of the online voter registration application;
``(B) permit the individual to provide a signature at the
time the individual requests a ballot in an election (whether
the individual requests the ballot at a polling place or
requests the ballot by mail); and
``(C) if the individual carries out the steps described in
subparagraphs (A) and (B), ensure that the individual is
registered to vote in the State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements under paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an individual
under this section, the appropriate State or local election
official shall provide the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the
application.
``(B) Method of notification.--The appropriate State or
local election official shall provide the notice required
under subparagraph (A) though the online submission process
and--
``(i) in the case of an individual who has provided the
official with an electronic mail address, by electronic mail;
and
``(ii) at the option of the individual, by text message.
``(2) Notice of disposition.--
``(A) In general.--Not later than 7 days after the date on
which the appropriate State or local election official
approves or rejects an application submitted by an individual
under this section, the official shall provide the individual
a notice of the disposition of the application.
``(B) Method of notification.--The appropriate State or
local election official shall provide the notice required
under subparagraph (A) by regular mail and--
``(i) in the case of an individual who has provided the
official with an electronic mail address, by electronic mail;
and
``(ii) at the option of the individual, by text message.
``(e) Provision of Services in Nonpartisan Manner.--The
services made available under subsection (a) shall be
provided in a manner that ensures that--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting
the requirements of this section, the State shall establish
appropriate technological security measures to prevent to the
greatest extent practicable any unauthorized access to
information provided by individuals using the services made
available under subsection (a).
``(g) Accessibility of Services.--A State shall ensure that
the services made available under this section are made
available to individuals with disabilities to the same extent
as services are made available to all other individuals.
``(h) Nondiscrimination Among Registered Voters Using Mail
and Online Registration.--In carrying out this Act, the Help
America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any
other Federal, State, or local law governing the treatment of
registered voters in the State or the administration of
elections for public office in the State, a State shall treat
a registered voter who registered to vote online in
accordance with this section in the same manner as the State
treats a registered voter who registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification
requirements.--Section 303(b)(1)(A) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking
``by mail'' and inserting ``by mail or online under section
6A of the National Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet the
requirements of subparagraph (B) if--
``(i) the individual registered to vote in the State online
under section 6A of the National Voter Registration Act of
1993; and
``(ii) the individual has not previously voted in an
election for Federal office in the State.
``(B) Requirements.--An individual meets the requirements
of this subparagraph if--
``(i) in the case of an individual who votes in person, the
individual provides the appropriate State or local election
official with a handwritten signature; or
``(ii) in the case of an individual who votes by mail, the
individual submits with the ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not apply in
the case of an individual who is--
``(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302 et seq.);
[[Page S4432]]
``(ii) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in person under any
other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A))
is amended by striking ``Each State'' and inserting ``Except
as provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)), as amended by section 1002(b)(3), is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) in the case of online registration through the
official public website of an election official under section
6A, if the valid voter registration application is submitted
online not later than the lesser of 28 days, or the period
provided by State law, before the date of the election (as
determined by treating the date on which the application is
sent electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C.
20507(a)(5)) is amended by striking ``and 7'' and inserting
``6A, and 7''.
SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION
INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended
by adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local election
official shall ensure that any registered voter on the
computerized list may at any time update the voter's
registration information, including the voter's address and
electronic mail address, online through the official public
website of the election official responsible for the
maintenance of the list, so long as the voter attests to the
contents of the update by providing a signature in electronic
form in the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate State or
local election official shall--
``(i) revise any information on the computerized list to
reflect the update made by the voter; and
``(ii) if the updated registration information affects the
voter's eligibility to vote in an election for Federal
office, ensure that the information is processed with respect
to the election if the voter updates the information not
later than the lesser of 7 days, or the period provided by
State law, before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the online submission
of updated registration information by an individual under
this paragraph, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the updated information and providing
instructions on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has accepted
or rejected updated information submitted by an individual
under this paragraph, the official shall send the individual
a notice of the disposition of the update.
``(iii) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subparagraph by regular mail and--
``(I) in the case of an individual who has requested that
the State provide voter registration and voting information
through electronic mail, by electronic mail; and
``(II) at the option of the individual, by text message.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A))
is amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant to Use Online Update to Provide
Information on Residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's
information on the computerized Statewide voter registration
list using the online method provided under section 303(a)(6)
of the Help America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online
method,''.
SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC
MAIL TO INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application to
Provide e-mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) in paragraph (4)--
(i) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(ii) in subparagraph (C), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) that the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52
U.S.C. 20508) is amended by adding at the end the following
new subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for
Other Than Official Purposes.--The chief State election
official shall ensure that any electronic mail address
provided by an applicant under subsection (b)(5) is used only
for purposes of carrying out official duties of election
officials and is not transmitted by any State or local
election official (or any agent of such an official,
including a contractor) to any person who does not require
the address to carry out such official duties and who is not
under the direct supervision and control of a State or local
election official.''.
(b) Requiring Provision of Information by Election
Officials.--Section 302(b) of the Help America Vote Act of
2002 (52 U.S.C. 21082(b)) is amended by adding at the end the
following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter
Registration Act of 1993), the appropriate State or local
election official, through electronic mail transmitted not
later than 7 days before the date of the election for Federal
office involved, shall provide the individual with
information on how to obtain the following information by
electronic means:
``(A)(i) If the individual is assigned to vote in the
election at a specific polling place--
``(I) the name and address of the polling place; and
``(II) the hours of operation for the polling place.
``(ii) If the individual is not assigned to vote in the
election at a specific polling place--
``(I) the name and address of locations at which the
individual is eligible to vote; and
``(II) the hours of operation for those locations.
``(B) A description of any identification or other
information the individual may be required to present at the
polling place or a location described in subparagraph
(A)(ii)(I) to vote in the election.''.
SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY
INFORMATION TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State to Register Applicants
Providing Necessary Information to Show Eligibility to
Vote.--For purposes meeting the requirement of subsection
(a)(1) that an eligible applicant is registered to vote in an
election for Federal office within the deadlines required
under such subsection, the State shall consider an applicant
to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides
a signature in accordance with subsection (c) of such
section.''.
SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO
PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL
SECURITY NUMBER.
(a) Form Included With Application for Motor Vehicle
Driver's License.--Section 5(c)(2)(B)(ii) of the National
Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii))
is amended by striking the semicolon at the end and inserting
the following: ``, and to the extent that the application
requires the applicant to provide a Social Security number,
may not require the applicant to provide more than the last 4
digits of such number;''.
(b) National Mail Voter Registration Form.--Section 9(b)(1)
of such Act (52 U.S.C. 20508(b)(1)) is amended by striking
the semicolon at the end and inserting the following: ``, and
to the extent that the form requires the applicant to provide
a Social Security
[[Page S4433]]
number, the form may not require the applicant to provide
more than the last 4 digits of such number;''.
SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.
Section 4 of the National Voter Registration Act of 1993
(52 U.S.C. 20503) is amended by adding at the end the
following new subsection:
``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions
shall apply to a State described in paragraph (2) thereof:
``(1) Section 6A (as added by section 1021(a) of the Voter
Registration Modernization Act of 2024).
``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of
the Voter Registration Modernization Act of 2024).
``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of
Voter Registration Modernization Act of 2024), but only to
the extent such provision relates to section 6A.
``(4) Section 8(j) (as added by section 1024 of the Voter
Registration Modernization Act of 2024), but only to the
extent such provision relates to section 6A.''.
SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER
REGISTRATION SYSTEMS.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall submit to Congress a report
on local, State, and Federal personally identifiable
information data collections efforts related to online voter
registration systems, the cyber security resources necessary
to defend such efforts from online attacks, and the impact of
a potential data breach of local, State, or Federal online
voter registration systems.
SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO
SERVE AS APPLICATION FOR ABSENTEE BALLOT.
Section 5(c) of the National Voter Registration Act of 1993
(52 U.S.C. 20504(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election
for Federal office held in the State and in each subsequent
election for Federal office held in the State.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) In the case of an individual who is treated as
having applied for an absentee ballot in the next election
for Federal office held in the State and in each subsequent
election for Federal office held in the State under paragraph
(2)(F), such treatment shall remain effective until the
earlier of such time as--
``(i) the individual is no longer registered to vote in the
State; or
``(ii) the individual provides an affirmative written
notice revoking such treatment.
``(B) The treatment of an individual as having applied for
an absentee ballot in the next election for Federal office
held in the State and in each subsequent election for Federal
office held in the State under paragraph (2)(F) shall not be
revoked on the basis that the individual has not voted in an
election''.
SEC. 1029. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made
by section 1024) shall apply with respect to the regularly
scheduled general election for Federal office held in
November 2026 and each succeeding election for Federal
office.
(b) Waiver.--If a State certifies to the Election
Assistance Commission not later than 180 days after the date
of enactment of this Act that the State will not meet the
deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such deadline, subsection (a)
shall apply to the State as if the reference in such
subsection to ``the regularly scheduled general election for
Federal office held in November 2026'' were a reference to
``January 1, 2028''.
PART 4--SAME DAY VOTER REGISTRATION
SEC. 1031. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day
when voting, including early voting, is permitted for a
Federal election--
``(A) to register to vote in such election at the polling
place using a form that meets the requirements under section
9(b) of the National Voter Registration Act of 1993 (or, if
the individual is already registered to vote, to revise any
of the individual's voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for
Federal office.
``(b) Eligible Individual.--For purposes of this section,
the term `eligible individual' means, with respect to any
election for Federal office, an individual who is otherwise
qualified to vote in that election.
``(c) Ensuring Availability of Forms.--The State shall
ensure that each polling place has copies of any forms an
individual may be required to complete in order to register
to vote or revise the individual's voter registration
information under this section.
``(d) Effective Date.--
``(1) In general.--Subject to paragraph (2), each State
shall be required to comply with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2026 and for any
subsequent election for Federal office.
``(2) Special rules for elections before november 2028.--
``(A) Elections prior to november 2028 general election.--A
State shall be deemed to be in compliance with the
requirements of this section for the regularly scheduled
general election for Federal office occurring in November
2026 and subsequent elections for Federal office occurring
before the regularly scheduled general election for Federal
office in November 2028 if at least 1 location for each
15,000 registered voters in each jurisdiction in the State
meets such requirements, and such location is reasonably
located to serve voting populations equitably across the
jurisdiction.
``(B) November 2028 general election.--If a State certifies
to the Election Assistance Commission not later than November
7, 2028, that the State will not be in compliance with the
requirements of this section for the regularly scheduled
general election for Federal office occurring in November
2028 because it would be impracticable to do so and includes
in the certification the reasons for the failure to meet such
requirements, the State shall be deemed to be in compliance
with the requirements of this section for such election if at
least one location for each 15,000 registered voters in each
jurisdiction in the State meets such requirements, and such
location is reasonably located to serve voting populations
equitably across the jurisdiction.''.
(b) Conforming Amendment Relating to Enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``subtitle A of
title III''.
(c) Clerical Amendments.--The table of contents of such Act
is amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE
CONSISTENT WITH TIMING OF LEGAL PUBLIC
HOLIDAYS.
(a) In General.--Section 8(a)(1) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended
by striking ``30 days'' each place it appears and inserting
``28 days''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections held in 2026 or any
succeeding year.
PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY
SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER
REGISTRATION INFORMATION DISPLAYS FOLLOWING
NATURALIZATION CEREMONIES.
(a) Authorization.--The Secretary of Homeland Security
shall establish a process for authorizing the chief State
election official of a State to disseminate voter
registration information at the conclusion of any
naturalization ceremony conducted by the Department of
Homeland Security, its constituent agencies, or the Federal
judiciary.
(b) No Effect on Other Authority.--Nothing in this section
shall be construed to imply that a Federal agency cannot
provide voter registration services beyond those minimally
required herein, or to imply that agencies not named may not
distribute voter registration information or provide voter
registration services up to the limits of their statutory and
funding authority.
(c) Designated Voter Registration Agencies.--In any State
or other location in which a Federal agency is designated as
a voter registration agency under section 7(a)(3)(B)(ii) of
the National Voter Registration Act, the voter registration
responsibilities incurred through such designation shall
supersede the requirements described in this section.
SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH
CERTAIN LEASES AND VOUCHERS FOR FEDERALLY
ASSISTED RENTAL HOUSING AND MORTGAGE
APPLICATIONS.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(2) Director.--The term ``Director'' means the Director of
the Bureau.
(3) Federal rental assistance.--The term ``Federal rental
assistance'' means rental assistance provided under--
(A) any covered housing program, as defined in section
41411(a) of the Violence
[[Page S4434]]
Against Women Act of 1994 (34 U.S.C. 12491(a));
(B) title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.), including voucher assistance under section 542 of such
title (42 U.S.C. 1490r);
(C) the Housing Trust Fund program under section 1338 of
the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4588); or
(D) subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(4) Federally backed multifamily mortgage loan.--The term
``federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally
for the occupancy of 5 or more families, including any such
secured loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program administered by
the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home
Loan Mortgage Corporation or the Federal National Mortgage
Association.
(5) Owner.--The term ``owner'' has the meaning given the
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(6) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(7) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan that is secured by a first
or subordinate lien on residential real property, including
individual units of condominiums and cooperatives, designed
principally for the occupancy of from 1- to 4- families.
(b) Uniform Statement.--
(1) Development.--The Director, after consultation with the
Election Assistance Commission, shall develop a uniform
statement designed to provide recipients of the statement
pursuant to this section with information on how the
recipient can register to vote and the voting rights of the
recipient under law.
(2) Responsibilities.--In developing the uniform statement,
the Director shall be responsible for--
(A) establishing the format of the statement;
(B) consumer research and testing of the statement; and
(C) consulting with and obtaining from the Election
Assistance Commission the content regarding voter rights and
registration issues needed to ensure the statement complies
with the requirements of paragraph (1).
(3) Languages.--
(A) In general.--The uniform statement required under
paragraph (1) shall be developed and made available in
English and in each of the 10 languages most commonly spoken
by individuals with limited English proficiency, as
determined by the Director using information published by the
Director of the Bureau of the Census.
(B) Publication.--The Director shall make all translated
versions of the uniform statement required under paragraph
(1) publicly available in a centralized location on the
website of the Bureau.
(c) Leases and Vouchers for Federally Assisted Rental
Housing.--Each Federal agency administering a Federal rental
assistance program shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (b) to
each lessee of a dwelling unit in public housing administered
by the agency--
(A) together with the lease for the dwelling unit, at the
same time the lease is signed by the lessee; and
(B) together with any income verification form, at the same
time the form is provided to the lessee;
(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13)
of such section 8(o), to provide a copy of the uniform
statement developed pursuant to subsection (b) to each
assisted family or individual--
(A) together with the voucher for the assistance, at the
time the voucher is issued for the family or individual; and
(B) together with any income verification form, at the time
the voucher is provided to the applicant or assisted family
or individual; and
(3) each owner of a dwelling unit assisted with Federal
rental assistance to provide a copy of the uniform statement
developed pursuant to subsection (b) to the lessee of the
dwelling unit--
(A) together with the lease for such dwelling unit, at the
same time the lease is signed by the lessee; and
(B) together with any income verification form, at the same
time the form is provided to the applicant or tenant.
(d) Applications for Residential Mortgage Loans.--The
Director shall require each creditor (within the meaning of
such term as used in section 1026.2(a)(17) of title 12, Code
of Federal Regulations) that receives an application (within
the meaning of such term as used in section 1026.2(a)(3)(ii)
of title 12, Code of Federal Regulations) to provide a copy
of the uniform statement developed pursuant to subsection (b)
in written form to the applicant for the residential mortgage
loan not later than 5 business days after the date of the
application.
(e) Federally Backed Multifamily Mortgage Loans.--The head
of the Federal agency insuring, guaranteeing, supplementing,
or assisting a federally backed multifamily mortgage loan, or
the Director of the Federal Housing Finance Agency in the
case of a federally backed multifamily mortgage loan that is
purchased or securitized by the Federal Home Loan Mortgage
Corporation or the Federal National Mortgage Association,
shall require the owner of the property secured by the
federally backed multifamily mortgage loan to provide a copy
of the uniform statement developed pursuant to subsection (b)
in written form to each lessee of a dwelling unit assisted by
that loan at the time the lease is signed by the lessee.
(f) Optional Completion of Voter Registration.--Nothing in
this section may be construed to require any individual to
complete a voter registration form.
(g) Regulations.--The head of a Federal agency
administering a Federal rental assistance program, the head
of the Federal agency insuring, guaranteeing, supplementing,
or assisting a federally backed multifamily mortgage loan,
the Director of the Federal Housing Finance Agency, and the
Director may issue such regulations as may be necessary to
carry out this section.
(h) No Effect on Other Authority.--Nothing in this section
shall be construed to imply that a Federal agency cannot
provide voter registration services beyond those minimally
required herein, or to imply that agencies not named may not
distribute voter registration information or provide voter
registration services up to the limits of their statutory and
funding authority.
(i) Designated Voter Registration Agencies.--In any State
or other location in which a Federal agency is designated as
a voter registration agency under section 7(a)(3)(B)(ii) of
the National Voter Registration Act, the voter registration
responsibilities incurred through such designation shall
supersede the requirements described in this section.
SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National
Voter Registration Act of 1993 (52 U.S.C. 20507), as amended
by section 1024, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18
Years of Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the
individual is under 18 years of age at the time the
individual submits the application, so long as the individual
is at least 16 years of age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to
permit an individual who is under 18 years of age at the time
of an election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring on or after
January 1, 2026.
SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER
PRIVACY PROGRAMS.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section
1031(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. VOTER PRIVACY PROGRAMS.
``(a) In General.--Each State shall establish and operate a
privacy program to enable victims of domestic violence,
dating violence, stalking, sexual assault, and trafficking to
have personally identifiable information that State or local
election officials maintain with respect to an individual
voter registration status for purposes of elections for
Federal office in the State, including addresses, be kept
confidential.
``(b) Notice.--Each State shall notify residents of that
State of the information that State and local election
officials maintain with respect to an individual voter
registration status for purposes of elections for Federal
office in the State, how that information is shared or sold
and with whom, what information is automatically kept
confidential, what information is needed to access voter
information online, and the privacy programs that are
available.
``(c) Public Availability.--Each State shall make
information about the program established under subsection
(a) available on a publicly accessible website.
``(d) Definitions.--In this section:
[[Page S4435]]
``(1) The terms `dating violence', `domestic violence',
`sexual assault', and `stalking' have the meanings given
those terms in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291).
``(2) The term `trafficking' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(e) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on
and after January 1, 2027.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Voter privacy programs.''.
PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE
SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA
TO COVER COSTS OF COMPLIANCE WITH NEW
REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise
provided in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--
Notwithstanding paragraph (3), a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2024, including the
requirements of the National Voter Registration Act of 1993
that are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2024.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking ``section
251(a)(2)'' and inserting ``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2026 and each
succeeding fiscal year.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a) and section 1044(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR
INDIVIDUALS WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State
shall--
``(1) ensure that absentee registration forms, absentee
ballot applications, and absentee ballots that are available
electronically are accessible (as defined in section 307);
``(2) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(3) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an
individual with a disability if the application is received
by the appropriate State election official within the
deadline for the election which is applicable under Federal
law;
``(4) in addition to any other method of registering to
vote or applying for an absentee ballot in the State,
establish procedures--
``(A) for individuals with disabilities to request by mail
and electronically voter registration applications and
absentee ballot applications with respect to elections for
Federal office in accordance with subsection (c);
``(B) for States to send by mail and electronically (in
accordance with the preferred method of transmission
designated by the individual under subparagraph (C)) voter
registration applications and absentee ballot applications
requested under subparagraph (A) in accordance with
subsection (c)); and
``(C) by which such an individual can designate whether the
individual prefers that such voter registration application
or absentee ballot application be transmitted by mail or
electronically;
``(5) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee
ballots to individuals with disabilities with respect to
elections for Federal office in accordance with subsection
(d); and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office to Provide
Information on Registration and Absentee Ballot Procedures
for Voters With Disabilities in State.--
``(1) In general.--Each State shall designate a single
office that shall be responsible for providing information
regarding voter registration procedures, absentee ballot
procedures, and in-person voting procedures to be used by
individuals with disabilities with respect to elections for
Federal office to all individuals with disabilities who wish
to register to vote or vote in any jurisdiction in the State.
``(2) Responsibilities.--Each State shall, through the
office designated under paragraph (1)--
``(A) provide information to election officials--
``(i) on how to set up and operate accessible voting
systems; and
``(ii) regarding the accessibility of voting procedures,
including guidance on compatibility with assistive
technologies such as screen readers and ballot marking
devices;
``(B) integrate information on accessibility,
accommodations, disability, and older individuals into
regular training materials for poll workers and election
administration officials;
``(C) train poll workers on how to make polling places
accessible for individuals with disabilities and older
individuals;
``(D) promote the hiring of individuals with disabilities
and older individuals as poll workers and election staff; and
``(E) publicly post the results of any audits to determine
the accessibility of polling places not later than 6 months
after the completion of the audit.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities to Request and for States to
Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting
Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of accessible electronic
communication--
``(A) for use by individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State to
request voter registration applications and absentee ballot
applications under subsection (a)(4);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested under
such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals
with disabilities, including a means of electronic
communication for the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include
a means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
in which an individual with a disability does not designate a
preference under subsection (a)(4)(C), the State shall
transmit the voter registration application or absentee
ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots by mail
and electronically (in accordance with the preferred method
of transmission designated by the individual with a
disability under subparagraph (B)) to individuals with
disabilities for an election for Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such blank
absentee ballot be transmitted by mail or electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit
the ballot by any delivery method allowable in accordance
with applicable State law, or if there is no applicable State
law, by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such
as assigning a unique identifier to the ballot envelope, to
ensure that if an individual with a disability requests the
State to transmit a blank absentee ballot to the individual
in accordance with this subsection, the voted absentee ballot
that is returned by the individual is the same blank absentee
ballot that the State transmitted to the individual.
``(e) Individual With a Disability Defined.--In this
section, an `individual with a disability' means an
individual with an impairment that substantially limits any
major life activities and who is otherwise qualified to vote
in elections for Federal office.
[[Page S4436]]
``(f) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2026.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 306, January 1, 2026.''.
(2) Redesignation.--
(A) In general.--Title III of such Act (52 U.S.C. 21081 et
seq.) is amended by redesignating sections 311 and 312 as
sections 321 and 322, respectively.
(B) Conforming amendment.--Section 321(a) of such Act, as
redesignated by subparagraph (A), is amended by striking
``section 312'' and inserting ``section 322''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c) and section 1044(b), is
amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE
ELECTION WEBSITES.
(a) In General.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), and section
1101(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(2) by inserting after section 306 the following:
``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE
ELECTION WEBSITES.
``(a) In General.--Not later than January 1, 2027, each
State shall establish a single election website that is
accessible and meets the following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are accessible
for individuals with disabilities and older individuals in a
manner that provides the same opportunity for access and
participation (including privacy and independence) as for
other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and participation of
individuals with disabilities and older individuals in
elections for public office; and
``(ii) the voting rights and protections for individuals
with disabilities and older individuals under State and
Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places within the
State, including outreach programs to inform individuals
about the availability of accessible polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all polling
places in the State;
``(D) the availability of aid or assistance for individuals
with disabilities and older individuals to cast their vote in
a manner that provides the same opportunity for access and
participation (including privacy and independence) as for
other voters at polling places;
``(E) the availability of transportation aid or assistance
to the polling place for individuals with disabilities or
older individuals;
``(F) the rights and protections under State and Federal
law for individuals with disabilities and older individuals
to participate in elections; and
``(G) how to contact State, local, and Federal officials
with complaints or grievances if individuals with
disabilities, older individuals, Native Americans, Alaska
Natives, and individuals with limited proficiency in the
English language feel their ability to register to vote or
vote has been blocked or delayed.
``(b) Partnership With Outside Technical Organization.--The
chief State election official of each State, through the
committee of appropriate individuals under subsection (c)(2),
shall partner with an outside technical organization with
demonstrated experience in establishing accessible and easy
to use accessible election websites to--
``(1) update an existing election website of the State to
make the website fully accessible in accordance with this
section; or
``(2) develop an election website of the State that is
fully accessible in accordance with this section.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State
plan that describes how the State and local governments will
meet the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the 4 most populous
jurisdictions within the State.
``(B) The chief election officials of the 4 least populous
jurisdictions within the State.
``(C) Representatives from 2 disability advocacy groups,
including not fewer than 1 such representative who is an
individual with a disability.
``(D) Representatives from 2 older individual advocacy
groups, including not fewer than 1 such representative who is
an older individual.
``(E) Representatives from 2 independent non-governmental
organizations with expertise in establishing and maintaining
accessible websites.
``(F) Representatives from 2 independent non-governmental
voting rights organizations.
``(G) Representatives from State protection and advocacy
systems, as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002).
``(d) Partnership to Monitor and Verify Accessibility.--The
chief State election official of each eligible State, through
the committee of appropriate individuals established under
subsection (c)(2), shall partner with not fewer than 2 of the
following organizations to monitor and verify the
accessibility of the election website of the State and the
completeness of the election information and the accuracy of
the disability information provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services established
under subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et
seq.).
``(2) Centers for independent living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) The State Council on Developmental Disabilities
established under section 125 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15025).
``(4) State protection and advocacy systems, as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29
U.S.C. 796d).
``(6) State programs established under the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.).
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--For purposes of this section, section
305, and section 307:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under subsection
(a) or an electronic communication under section 305--
``(i) that the functions and content of the website or
electronic communication, including all text, visual, and
aural content, are as accessible to people with disabilities
as to those without disabilities;
``(ii) that the functions and content of the website or
electronic communication are accessible to individuals with
limited proficiency in the English language; and
``(iii) that the website or electronic communication meets,
at a minimum, conformance to Level AA of the Web Content
Accessibility Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a polling
place), that the facility is readily accessible to and usable
by individuals with disabilities and older individuals, as
determined under the 2010 ADA Standards for Accessible Design
of the Department of Justice, published on September 15, 2010
(or any successor standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102), and who is otherwise qualified to
vote in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal
office.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b), is amended by striking ``section 306'' and inserting
``sections 306 and 307''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), and
section 1101(c), is amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309, respectively; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Establishment and maintenance of accessible election
websites.''.
SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS
WITH DISABILITIES AND OLDER INDIVIDUALS.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
and section 1102(a), is amended--
(A) by redesignating sections 308 and 309 as sections 309
and 310, respectively; and
[[Page S4437]]
(B) by inserting after section 307 the following:
``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.
``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 306;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in
person in an election for Federal office, such as the option
to cast a ballot outside of the polling place or from a
vehicle, or providing an expedited voting line; and
``(3) consider options to establish mobile polling sites to
allow election officials or volunteers to travel to long-term
care facilities and assist residents who request assistance
in casting a ballot in order to maintain the privacy and
independence of voters in those facilities.
``(b) Clarification.--Nothing in this section shall be
construed to alter the requirements under Federal law that
all polling places for Federal elections are accessible to
individuals with disabilities and older individuals.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2028.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by section 1102(b), is amended by
striking ``and 307'' and inserting ``, 307, and 308''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), and section 1102(c), is amended--
(A) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310, respectively; and
(B) by inserting after the item relating to section 307 the
following new item:
``Sec. 308. Access to voting for individuals with disabilities and
older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Election Commission'' and inserting ``Election Assistance
Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting ``Election
Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly individuals''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(B) by striking ``handicapped and elderly voters'' each
place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking ``handicapped or
elderly voter'' and inserting ``individual with a disability
or older individual'';
(D) in section 5(b), by striking ``handicapped voter'' and
inserting ``individual with a disability''; and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and inserting the
following:
``(1) `accessible' has the meaning given that term in
section 307 of the Help America Vote Act of 2002, as added by
section 1102(a) of the Freedom to Vote Act;
``(2) `older individual' has the meaning given that term in
such section 307;''; and
(ii) by striking paragraph (4), and inserting the
following:
``(4) `individual with a disability' has the meaning given
that term in such section 306; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the Voting Accessibility for
the Elderly and Handicapped Act (Public Law 98-435; 42 U.S.C.
1973ee note) is amended by striking ``for the Elderly and
Handicapped'' and inserting ``for Individuals with
Disabilities and Older Individuals''.
(B) References.--Any reference in any other provision of
law, regulation, document, paper, or other record of the
United States to the ``Voting Accessibility for the Elderly
and Handicapped Act'' shall be deemed to be a reference to
the ``Voting Accessibility for Individuals with Disabilities
and Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2028, and shall apply with
respect to elections for Federal office held on or after that
date.
SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO
GUARDIANSHIP.
(a) In General.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), and section 1103(a)(1), is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 311, respectively; and
(2) by inserting after section 308 the following:
``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO
GUARDIANSHIP.
``(a) In General.--A State shall not determine that an
individual lacks the capacity to vote in an election for
Federal office on the ground that the individual is subject
to guardianship, unless a court of competent jurisdiction
issues a court order finding by clear and convincing evidence
that the individual cannot communicate, with or without
accommodations, a desire to participate in the voting
process.
``(b) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2026.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102 and 1103, is amended
by striking ``and 308'' and inserting ``308, and 309''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), and section 1103(a)(3), is
amended--
(1) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311, respectively; and
(2) by inserting after the item relating to section 308 the
following new item:
``Sec. 309. Protections for individuals subject to guardianship.''.
SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO
ASSURE VOTING ACCESS FOR INDIVIDUALS WITH
DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help
America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or
dexterity) through the implementation of accessible absentee
voting systems that work in conjunction with assistive
technologies for which individuals have access at their
homes, independent living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the
same opportunity for access and participation (including
privacy and independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new
paragraph:
``(4) For fiscal year 2026 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such
Act (52 U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (c), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2026 or any succeeding fiscal
year, any portion of such amounts which have not been
obligated or expended by the State or unit of local
government prior to the expiration of the 4-year period that
begins on the date the State or unit of local government
first received the amounts shall be transferred to the
Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the amounts
transferred under paragraph (1) to make payments on a pro
rata basis to each covered payment recipient described in
subparagraph (B), which may obligate and expend such payment
for the purposes described in section 261(b) during the 1-
year period which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a State or
unit of local government with respect to which--
``(i) amounts were appropriated pursuant to the authority
of subsection (a); and
``(ii) no amounts were transferred to the Commission under
paragraph (1).''.
SEC. 1106. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH
DISABILITIES TO REGISTER TO VOTE PRIVATELY AND
INDEPENDENTLY AT RESIDENCES.
(a) Establishment of Pilot Programs.--The Election
Assistance Commission (hereafter referred to as the
``Commission'') shall, subject to the availability of
appropriations to carry out this section, make grants to
eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means
(including the internet and telephones utilizing assistive
devices) to register to vote and to request and receive
absentee ballots in a manner which permits such individuals
to do so privately and independently at their own residences.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a
[[Page S4438]]
report to the Commission on the pilot programs the State
carried out with the grant with respect to elections for
public office held in the State during the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant
under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing such information and assurances as the
Commission may require.
(d) Timing.--The Commission shall make the first grants
under this section for pilot programs which will be in effect
with respect to elections for Federal office held in 2026,
or, at the option of a State, with respect to other elections
for public office held in the State in 2026.
(e) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 1107. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR
INDIVIDUALS WITH DISABILITIES.
(a) Analysis.--The Comptroller General of the United States
shall conduct an analysis after each regularly scheduled
general election for Federal office with respect to the
following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges posed by
such facilities; and
(B) the extent to which such facilities are used as polling
places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or other Federal agencies
to help State and local officials improve voting access for
individuals with disabilities during elections for Federal
office.
(3) When accessible voting machines are available at a
polling place, the extent to which such machines--
(A) are located in places that are difficult to access;
(B) malfunction; or
(C) fail to provide sufficient privacy to ensure that the
ballot of the individual cannot be seen by another
individual.
(4) The process by which Federal, State, and local
governments track compliance with accessibility requirements
related to voting access, including methods to receive and
address complaints.
(5) The extent to which poll workers receive training on
how to assist individuals with disabilities, including the
receipt by such poll workers of information on legal
requirements related to voting rights for individuals with
disabilities.
(6) The extent and effectiveness of training provided to
poll workers on the operation of accessible voting machines.
(7) The extent to which individuals with a developmental or
psychiatric disability experience greater barriers to voting,
and whether poll worker training adequately addresses the
needs of such individuals.
(8) The extent to which State or local governments employ,
or attempt to employ, individuals with disabilities to work
at polling sites.
(b) Report.--
(1) In general.--Not later than 9 months after the date of
a regularly scheduled general election for Federal office,
the Comptroller General shall submit to the appropriate
congressional committees a report with respect to the most
recent regularly scheduled general election for Federal
office that contains the following:
(A) The analysis required by subsection (a).
(B) Recommendations, as appropriate, to promote the use of
best practices used by State and local officials to address
barriers to accessibility and privacy concerns for
individuals with disabilities in elections for Federal
office.
(2) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on House Administration of the House of
Representatives;
(B) the Committee on Rules and Administration of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Appropriations of the Senate.
Subtitle C--Early Voting
SEC. 1201. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), and section 1104(a), is
amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312, respectively; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--Each
election jurisdiction shall allow individuals to vote in an
election for Federal office during an early voting period
which occurs prior to the date of the election, in a manner
that allows the individual to receive, complete, and cast
their ballot in-person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period required
under this subsection with respect to an election shall
consist of a period of consecutive days (including weekends)
which begins on the 15th day before the date of the election
(or, at the option of the State, on a day prior to the 15th
day before the date of the election) and ends no earlier than
the second day before the date of the election.
``(B) Hours for early voting.--Each polling place which
allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10 hours on each
day during the period;
``(ii) have uniform hours each day for which such voting
occurs; and
``(iii) allow such voting to be held for some period of
time prior to 9:00 a.m. (local time) and some period of time
after 5:00 p.m. (local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible individuals to
vote during an early voting period that ensures voters are
provided the greatest opportunity to cast ballots ahead of
Election Day and which includes at least one consecutive
Saturday and Sunday; and
``(C) each polling place which allows voting during an
early voting period under subparagraph (B) shall allow such
voting--
``(i) during the election office's regular business hours;
and
``(ii) for a period of not less than 8 hours on Saturdays
and Sundays included in the early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction described
in subparagraph (B), paragraph (1)(B) shall not apply so long
as all eligible individuals in the jurisdiction have the
opportunity to vote--
``(i) at each polling place which allows voting during the
early voting period described in paragraph (1)(A)--
``(I) during the election office's regular business hours;
and
``(II) for a period of not less than 8 hours on at least
one Saturday and at least one Sunday included in the early
voting period; or
``(ii) at 1 or more polling places in the county in which
such jurisdiction is located that allows voting during the
early voting period described in paragraph (1)(A) in
accordance with the requirements under paragraph (1)(B).
``(B) Jurisdiction described.--A jurisdiction is described
in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters at the time of
the most recent prior election for Federal office; and
``(ii) consists of a geographic area that is smaller than
the jurisdiction of the county in which such jurisdiction is
located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional temporary
voting sites which provide voters more opportunities to cast
their ballots but which do not meet the requirements of this
subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for the
polling location on any day of the early voting period; or
``(C) to limit a State or jurisdiction from offering early
voting on the Monday before Election Day.
``(c) Availability of Polling Places.--To the greatest
extent practicable, each State and jurisdiction shall--
``(1) ensure that there are an appropriate number of
polling places which allow voting during an early voting
period; and
``(2) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(d) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling places,
but not less than 1, that allow voting during an early voting
period under subsection (b) will be located in such rural
areas; and
``(B) ensure that such polling places are located in
communities which will provide the greatest opportunity for
residents of rural areas to vote during the early voting
period.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in subsection (b)(2) or a small
jurisdiction described in subsection (b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State
or jurisdiction shall--
``(A) ensure that an appropriate number of polling places,
but not less than 1, that allow
[[Page S4439]]
voting during the early voting period under subsection (b)
will be located on the physical campus of each such
institution, including each such branch campus; and
``(B) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(e) Standards.--Not later than June 30, 2026, the
Commission shall issue voluntary standards for the
administration of voting during voting periods which occur
prior to the date of a Federal election. Subject to
subsection (d), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(f) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a
State or jurisdiction may begin processing and scanning
ballots cast during in-person early voting for tabulation
after such date if the date on which the State or
jurisdiction begins such processing and scanning ensures, to
the greatest extent practical, that ballots cast before the
date of the election are processed and scanned before the
date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State or jurisdiction to tabulate ballots
in an election before the closing of the polls on the date of
the election unless such tabulation is a necessary component
of preprocessing in the State or jurisdiction and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any results of
tabulation and processing before the closing of the polls on
the date of the election.
``(g) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding
election for Federal office.''.
(b) Conforming Amendments Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
Freedom to Vote Act, June 30, 2026.''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), and section
1104(c), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312, respectively; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Early voting.''.
Subtitle D--Voting by Mail
SEC. 1301. VOTING BY MAIL.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), and
section 1201(a), is amended--
(A) by redesignating sections 311 and 312 as sections 312
and 313, respectively; and
(B) by inserting after section 310 the following new
section:
``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All
Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State
may not impose any additional conditions or requirements on
the eligibility of the individual to cast the vote in such
election by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as condition
of obtaining or casting ballot.--A State may not require an
individual to submit any form of identifying document as a
condition of obtaining or casting an absentee ballot, except
that nothing in this subparagraph may be construed to prevent
a State from requiring--
``(i) the information required to complete an application
for voter registration for an election for Federal office
under section 303(a)(5)(A), provided that a State may not
deny a voter a ballot or the opportunity to cast it on the
grounds that the voter does not possess a current and valid
driver's license number or a social security number; or
``(ii) a signature of the individual or similar affirmation
as a condition of obtaining or casting an absentee ballot.
``(B) Prohibiting faulty matching requirements for
identifying information.--A State may not deny a voter an
absentee ballot or reject an absentee ballot cast by a
voter--
``(i) on the grounds that the voter provided a different
form of identifying information under subparagraph (A) than
the voter originally provided when registering to vote or
when requesting an absentee ballot; or
``(ii) due to an error in, or omission of, identifying
information required by a State under subparagraph (A), if
such error or omission is not material to an individual's
eligibility to vote under section 2004(a)(2)(B) of the
Revised Statutes (52 U.S.C. 10101(a)(2)(B)).
``(C) Prohibiting requirement to provide notarization or
witness signature as condition of obtaining or casting
ballot.--A State may not require notarization or witness
signature or other formal authentication (other than voter
attestation) as a condition of obtaining or casting an
absentee ballot, except that nothing in this subparagraph may
be construed to prohibit a State from enforcing a law which
has a witness signature requirement for a ballot where a
voter oath is attested to with a mark rather than a voter's
signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section or to exempt an individual
described in paragraph (5)(A) of section 303(b) from meeting
the requirements of paragraph (5)(B).
``(b) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a condition of accepting and
counting a mail-in ballot or absentee ballot submitted by any
individual with respect to an election for Federal office
unless the State meets the due process requirements described
in paragraph (2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the signature of
the individual on the mail-in ballot or absentee ballot with
the individual's signature on the official list of registered
voters in the State or another official record or other
document used by the State to verify the signatures of
voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot or an
absentee ballot and the appropriate State or local election
official determines that a discrepancy exists between the
signature on such ballot and the signature of such individual
on the official list of registered voters in the State or
other official record or document used by the State to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such
ballot, shall--
``(i) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(I) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(II) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and
``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits a mail-in ballot or
an absentee ballot without a signature or submits a mail-in
ballot or an absentee ballot with another defect which, if
left uncured, would cause the ballot to not be counted, the
appropriate State or local election official, prior to making
a final determination as to the validity of the ballot,
shall--
``(i) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(I) the ballot did not include a signature or has some
other defect; and
``(II) if the individual does not provide the missing
signature or cure the other defect prior to the expiration of
the third day following the State's deadline for receiving
mail-in ballots or absentee ballots, such ballot will not be
counted; and
``(ii) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual provides the
official with the missing signature on a form proscribed by
the State or cures the other defect.
This subparagraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(C) Other requirements.--
``(i) In general.--An election official may not make a
determination that a discrepancy exists between the signature
on a mail-in ballot or an absentee ballot and the signature
of the individual on the official list of
[[Page S4440]]
registered voters in the State or other official record or
other document used by the State to verify the signatures of
voters unless--
``(I) not fewer than 2 election officials make the
determination;
``(II) each official who makes the determination has
received training in procedures used to verify signatures;
and
``(III) of the officials who make the determination, not
fewer than 1 is affiliated with the political party whose
candidate received the most votes in the most recent
statewide election for Federal office held in the State and
not fewer than 1 is affiliated with the political party whose
candidate received the second most votes in the most recent
statewide election for Federal office held in the State.
``(ii) Exception.--Clause (i)(III) shall not apply to any
State in which, under a law that is in effect continuously on
and after the date of enactment of this section,
determinations regarding signature discrepancies are made by
election officials who are not affiliated with a political
party.
``(3) Report.--
``(A) In general.--Not later than 180 days after the end of
a Federal election cycle, each chief State election official
shall submit to the Commission a report containing the
following information for the applicable Federal election
cycle in the State:
``(i) The number of ballots invalidated due to a
discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
ballots determined valid as a result of such process.
``(B) Submission to congress.--Not later than 10 days after
receiving a report under subparagraph (A), the Commission
shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means, with
respect to any regularly scheduled election for Federal
office, the period beginning on the day after the date of the
preceding regularly scheduled general election for Federal
office and ending on the date of such regularly scheduled
general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an
absentee ballot, each State shall permit an individual to
submit an application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of
the appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the individual may
complete the application and return it to the official; or
``(B) to request that a paper copy of the application be
transmitted to the individual by mail or electronic mail so
that the individual may complete the application and return
it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible to vote
in an election for Federal office submits an application for
an absentee ballot in the election and such application is
received by the appropriate State or local election official
not later than 13 days (excluding Saturdays, Sundays, and
legal public holidays) before the date of the election, the
election official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election day.--If an
individual who is eligible to vote in an election for Federal
office submits an application for an absentee ballot in the
election and such application is received by the appropriate
State or local election official after the date described in
subparagraph (A) but not later than 7 days (excluding
Saturdays, Sundays, and legal public holidays) before the
date of the election, the election official shall, to the
greatest extent practical, ensure that the ballot and related
voting materials are mailed to the individual within 1
business day of the receipt of the application.
``(C) Rule of construction.--Nothing in this paragraph
shall preclude a State or local jurisdiction from allowing
for the acceptance and processing of absentee ballot
applications submitted or received after the date described
in subparagraph (B).
``(4) Application for all future elections.--
``(A) In general.--At the option of an individual, the
individual's application to vote by absentee ballot by mail
in an election for Federal office shall be treated as an
application for an absentee ballot by mail in all subsequent
elections for Federal office held in the State.
``(B) Duration of treatment.--
``(i) In general.--In the case of an individual who is
treated as having applied for an absentee ballot for all
subsequent elections for Federal office held in the State
under subparagraph (A), such treatment shall remain effective
until the earlier of such time as--
``(I) the individual is no longer registered to vote in the
State; or
``(II) the individual provides an affirmative written
notice revoking such treatment.
``(ii) Prohibition on revocation based on failure to
vote.--The treatment of an individual as having applied for
an absentee ballot for all subsequent elections held in the
State under subparagraph (A) shall not be revoked on the
basis that the individual has not voted in an election.
``(d) Accessibility for Individuals With Disabilities.--
Each State shall ensure that all absentee ballot
applications, absentee ballots, and related voting materials
in elections for Federal office are accessible to individuals
with disabilities in a manner that provides the same
opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State or local election official may
not refuse to accept or process a ballot submitted by an
individual by mail with respect to an election for Federal
office in the State on the grounds that the individual did
not meet a deadline for returning the ballot to the
appropriate State or local election official if--
``(A) the ballot is postmarked or otherwise indicated by
the United States Postal Service to have been mailed on or
before the date of the election; and
``(B) the ballot is received by the appropriate election
official prior to the expiration of the 7-day period which
begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 7 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--In
addition to permitting an individual to whom a ballot in an
election was provided under this section to return the ballot
to an election official by mail, each State shall permit the
individual to cast the ballot by delivering the ballot at
such times and to such locations as the State may establish,
including--
``(1) permitting the individual to deliver the ballot to a
polling place within the jurisdiction in which the individual
is registered or otherwise eligible to vote on any date on
which voting in the election is held at the polling place;
and
``(2) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election
official.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation
not later than the date that is 14 days prior to the date of
the election involved, except that a State may begin
processing and scanning ballots cast by mail for tabulation
after such date if the date on which the State begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election
unless such tabulation is a necessary component of
preprocessing in the State and is performed in accordance
with existing State law; or
``(B) to permit an official to make public any results of
tabulation and processing before the closing of the polls on
the date of the election.
``(h) Prohibiting Restrictions on Distribution of Absentee
Ballot Applications by Third Parties.--A State may not
prohibit any person from providing an application for an
absentee ballot in the election to any individual who is
eligible to vote in the election.
``(i) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of States to conduct
elections for Federal office through the use of polling
places at which individuals cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to
affect the treatment of any ballot submitted by an individual
who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
``(k) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding
election for Federal office.''.
(2) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
and section 1201(c), is amended--
(A) by redesignating the items relating to sections 311 and
312 as relating to sections 312 and 313, respectively; and
[[Page S4441]]
(B) by inserting after the item relating to section 310 the
following new item:
``Sec. 311. Promoting ability of voters to vote by mail.''.
(b) Same-day Processing of Absentee Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the
maximum extent practicable, that any ballot carried by the
Postal Service is processed by and cleared from any postal
facility or post office on the same day that the ballot is
received by that facility or post office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office
of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``3407. Same-day processing of ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2026.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The Director of the National
Institute of Standards, in consultation with the Election
Assistance Commission, shall develop standards for the use of
alternative methods which could be used in place of signature
verification requirements for purposes of verifying the
identification of an individual voting by mail-in or absentee
ballot in elections for Federal office.
(2) Public notice and comment.--The Director of the
National Institute of Standards shall solicit comments from
the public in the development of standards under paragraph
(1).
(3) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Institute
of Standards shall publish the standards developed under
paragraph (1).
SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), and section 1301(a), is amended--
(A) by redesignating sections 312 and 313 as sections 313
and 314, respectively; and
(B) by inserting after section 311 the following new
section:
``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to
track and confirm the receipt of mail-in ballots and absentee
ballots in an election for Federal office under which the
State or local election official responsible for the receipt
of such voted ballots in the election carries out procedures
to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the
individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election official
responsible for the receipt of voted mail-in ballots and
voted absentee ballots in the election--
``(i) carries out procedures to track and confirm the
receipt of such ballots; and
``(ii) makes information on the receipt of such ballots
available to the individual who cast the ballot; and
``(C) which meets the requirements of subsection (c); or
``(2) through the ballot materials tracking service
established under section 1302(b) of the Freedom to Vote Act.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee
ballot shall include information regarding whether the vote
cast on the ballot was accepted, and, in the case of a vote
which was rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under subparagraph
(B), the information provided under the program shall be
available by means of online access using the internet site
of the State or local election office.
``(B) Use of toll-free telephone number by officials
without internet site.--In the case of a State or local
election official whose office does not have an internet
site, the program shall require the official to establish a
toll-free telephone number that may be used by an individual
who cast an absentee ballot to obtain the information
required under subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2028 and each succeeding
election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302)
is amended by striking subsection (h) and redesignating
subsection (i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2028, the
Secretary of Homeland Security, in consultation with the
Chair of the Election Assistance Commission, the Postmaster
General, the Director of the General Services Administration,
the Presidential designee, and State election officials,
shall establish a balloting materials tracking service to be
used by State and local jurisdictions to inform voters on the
status of voter registration applications, absentee ballot
applications, absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by mail,
tracking information from the United States Postal Service
and the Presidential designee on balloting materials sent to
the voter and, to the extent feasible, returned by the voter.
(B) The date on which any request by the voter for an
application for voter registration or an absentee ballot was
received.
(C) The date on which any such requested application was
sent to the voter.
(D) The date on which any such completed application was
received from the voter and the status of such application.
(E) The date on which any mail-in ballot or absentee ballot
was sent to the voter.
(F) The date on which any mail-in ballot or absentee ballot
was out for delivery to the voter.
(G) The date on which the post office processes the ballot.
(H) The date on which the returned ballot was out for
delivery to the election office.
(I) Whether such ballot was accepted and counted, and in
the case of any ballot not counted, the reason why the ballot
was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made
on whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Public availability of limited information.--
Information described in subparagraphs (E), (G), and (I) of
paragraph (2) shall be made available to political parties
and voter registration organizations, at cost to cover the
expense of providing such information, for use, in accordance
with State guidelines and procedures, in helping to return or
cure mail-in ballots during any period in which mail-in
ballots may be returned.
(5) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.
(6) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(a)).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in
Establishing Program.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended
by adding at the end the following new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments for Costs of Program.--In accordance with
this section, the Commission shall make a payment to a State
to reimburse the State for the costs incurred in establishing
the absentee ballot tracking program under section 322(b)(1)
(including costs incurred prior to the date of enactment of
this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has established an
absentee ballot tracking program with respect to elections
for Federal office held in the State; and
``(B) a statement of the costs incurred by the State in
establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by
[[Page S4442]]
the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which are
responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated to the Commission for fiscal year 2026 and each
succeeding fiscal year such sums as may be necessary for
payments under this part.
``(b) Continuing Availability of Funds.--Any amounts
appropriated pursuant to the authorization under this section
shall remain available until expended.''.
(d) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), 1044(b), section 1101(c),
section 1102(c), section 1103(a), section 1104(c), section
1201(c), and section 1301(a), is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``PART 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314, respectively; and
(3) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Absentee ballot tracking program.''.
SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 1301(b), is amended by adding at
the end the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot
carried by the Postal Service, the Postal Service shall
indicate on the ballot envelope, using a postmark or
otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office
of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b), is amended by adding at the end
the following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2026.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), and section 1302(a), is amended--
(A) by redesignating sections 313 and 314 as sections 314
and 315, respectively; and
(B) by inserting after section 312 the following new
section:
``SEC. 313. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official
shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined
for a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode is utilized for any
official ballot relating to an election for Federal office
that is destined for a domestic or international address,
ensure the specific ballot service type identifier for such
mail is visible.
``(b) Effective Date.--The requirements of this section
shall apply to elections for Federal office occurring on and
after January 1, 2026.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102, 1103 and 1104, is
amended by striking ``and 309'' and inserting ``309, and
313''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), and section 1302(a), is
amended--
(A) by redesignating the items relating to sections 313 and
314 as relating to sections 314 and 315; and
(B) by inserting after the item relating to section 312 the
following new item:
``Sec. 313. Ballot visibility.''.
SEC. 1304. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end
the following:
``Sec. 3409. Domestic election mail; restriction of
operational changes prior to elections
``(a) Definition.--In this section, the term `election
mail' means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) a blank or completed absentee and other mail-in
ballot application form, and a blank or completed absentee or
other mail-in ballot, relating to an election for Federal
office, and
``(3) other materials relating to an election for Federal
office that are mailed by a State or local election official
to an individual who is registered to vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to
the Uniformed and Overseas Absentee Voting Act)),
individually or in bulk, shall be carried in accordance with
the service standards established for first-class mail under
section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting
materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)) shall be carried
free of postage.
``(d) Restriction of Operational Changes.--During the 120-
day period that ends on the date of an election for Federal
office, the Postal Service may not carry out any new
operational change that would restrict the prompt and
reliable delivery of election mail. This subsection applies
to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than
for routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall
appoint an Election Mail Coordinator at each area office and
district office to facilitate relevant information sharing
with State, territorial, local, and Tribal election officials
in regards to the mailing of election mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended
by striking ``sections 3217 and 3403 through 3406'' and
inserting ``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b) and section 1303(a), is amended by
adding at the end the following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section
shall take effect upon the expiration of the 180-day period
that begins on the date of enactment of this section.
SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR
VOTED BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), and section
1303(b) is amended--
(1) by redesignating sections 314 and 315 as sections 315
and 316, respectively; and
(2) by inserting after section 313 the following new
section:
``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.
``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall
provide in-person, secured, and clearly labeled drop boxes at
which individuals may, at any time during the period
described in subsection (b), drop off voted ballots in an
election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The
period described in this subsection is, with respect to an
election, the period that begins on the first day on which
the jurisdiction sends mail-in ballots or absentee ballots
(other than ballots for absent uniformed overseas voters (as
defined in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or
overseas voters (as defined in section 107(5) of such Act (52
U.S.C. 20310(5)))) to voters for such election and which ends
at the time the polls close for the election in the
jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in subparagraph (B),
each drop box provided under this section shall be accessible
to voters for a reasonable number of hours each day.
``(B) 24-hour drop boxes.--
[[Page S4443]]
``(i) In general.--Of the number of drop boxes provided in
any jurisdiction, not less than the required number shall be
accessible for 24-hours per day during the period described
in subsection (b).
``(ii) Required number.--The required number is the greater
of--
``(I) 25 percent of the drop boxes required under
subsection (d); or
``(II) 1 drop box.
``(2) Population.--
``(A) In general.--Drop boxes provided under this section
shall be accessible for use--
``(i) by individuals with disabilities, as determined in
consultation with the protection and advocacy systems (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002))
of the State;
``(ii) by individuals with limited proficiency in the
English language; and
``(iii) by homeless individuals (as defined in section 103
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)) within the State.
``(B) Determination of accessibility for individuals with
disabilities.--For purposes of this paragraph, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided under
this section is on the grounds of or inside a building or
facility which serves as a polling place for an election
during the period described in subsection (b), nothing in
this subsection may be construed to waive any requirements
regarding the accessibility of such polling place for the use
of individuals with disabilities, individuals with limited
proficiency in the English language, or homeless individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal
office held in November 2028, not less than 1 drop box for
every 45,000 registered voters located in the jurisdiction;
and
``(2) in the case of the regularly scheduled general
election for Federal office held in November 2028 and each
election for Federal office occurring thereafter, not less
than the greater of--
``(A) 1 drop box for every 45,000 registered voters located
in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were cast by
mail in the jurisdiction in the most recent general election
that includes an election for the office of President.
In no case shall a jurisdiction have fewer than 1 drop box
for any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine
the location of drop boxes provided under this section in a
jurisdiction on the basis of criteria which ensure that the
drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a
timely manner.
``(f) Timing of Scanning and Processing of Ballots.--For
purposes of section 311(g) (relating to the timing of the
processing and scanning of ballots for tabulation), a vote
cast using a drop box provided under this section shall be
treated in the same manner as a ballot cast by mail.
``(g) Posting of Information.--On or adjacent to each drop
box provided under this section, the State shall post
information on the requirements that voted absentee ballots
must meet in order to be counted and tabulated in the
election.
``(h) Remote Surveillance.--Nothing in this section shall
prohibit a State from providing for the security of drop
boxes through remote or electronic surveillance.
``(i) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding
election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(c), section 1302(a), and
section 1303(b), is amended--
(1) by redesignating the items relating to sections 314 and
315 as relating to sections 315 and 316, respectively; and
(2) by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND
TRANSMISSION OF ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read
as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State
shall submit a report to the Attorney General certifying that
absentee ballots for the election are or will be available
for transmission to absent uniformed services voters and
overseas voters by not later than 46 days before the
election. The report shall be in a form prescribed by the
Attorney General and shall require the State to certify
specific information about ballot availability from each unit
of local government which will administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before any
election for Federal office held in a State, the chief State
election official of such State shall submit a report
containing the information in subparagraph (B) to the
Attorney General.
``(B) Information reported.--The report under subparagraph
(A) shall consist of the following:
``(i) The total number of absentee ballots validly
requested by absent uniformed services voters and overseas
voters whose requests were received by the 47th day before
the election by each unit of local government within the
State that will transmit absentee ballots.
``(ii) The total number of ballots transmitted to such
voters by the 46th day before the election by each unit of
local government within the State that will administer the
election.
``(iii) Specific information about any late transmitted
ballots.
``(C) Requirement to supplement incomplete information.--If
the report under subparagraph (A) has incomplete information
on any items required to be included in the report, the chief
State election official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A) shall be
in a format prescribed by the Attorney General in
consultation with the chief State election officials of each
State.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the
case of a unit of local government) submit a report to the
Election Assistance Commission on the combined number of
absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the combined
number of such ballots which were returned by such voters and
cast in the election, and shall make such report available to
the general public that same day.''.
SEC. 1402. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of
Action.--Section 105 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20307) is amended to read as
follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--The Attorney General may
bring civil action in an appropriate district court for such
declaratory or injunctive relief as may be necessary to carry
out this title.
``(b) Private Right of Action.--A person who is aggrieved
by a violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive
relief as may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action
brought under this section, the only necessary party
defendant is the State, and it shall not be a defense to any
such action that a local election official or a unit of local
government is not named as a defendant, notwithstanding that
a State has exercised the authority described in section 576
of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought
under this section.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations alleged to have
occurred on or after the date of enactment of this Act.
SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER
PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302(a)) is amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (52
U.S.C. 20302(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall transmit the
absentee ballot not later than 46 days before the election.
``(B) Special rules in case of failure to transmit on
time.--
[[Page S4444]]
``(i) In general.--If the State fails to transmit any
absentee ballot by the 46th day before the election as
required by subparagraph (A) and the absent uniformed
services voter or overseas voter did not request electronic
ballot transmission pursuant to subsection (f), the State
shall transmit such ballot by express delivery.
``(ii) Extended failure.--If the State fails to transmit
any absentee ballot by the 41st day before the election, in
addition to transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee ballots requested by absent
uniformed services voters with respect to regularly scheduled
general elections, notify such voters of the procedures
established under section 103A for the collection and
delivery of marked absentee ballots; and
``(II) in any other case, provide for the return of such
ballot by express delivery.
``(iii) Cost of express delivery.--In any case in which
express delivery is required under this subparagraph, the
cost of such express delivery--
``(I) shall not be paid by the voter; and
``(II) if determined appropriate by the chief State
election official, may be required by the State to be paid by
a local jurisdiction.
``(iv) Exception.--Clause (ii)(II) shall not apply when an
absent uniformed services voter or overseas voter indicates
the preference to return the late sent absentee ballot by
electronic transmission in a State that permits return of an
absentee ballot by electronic transmission.
``(v) Enforcement.--A State's compliance with this
subparagraph does not bar the Attorney General from seeking
additional remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of this provision
or to effectuate the purposes of this Act.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm, volcanic
eruption, landslide, fire, flood, or explosion), or an act of
terrorism prevents the State from transmitting any absentee
ballot by the 46th day before the election as required by
subparagraph (A), the chief State election official shall
notify the Attorney General as soon as practicable and take
all actions necessary, including seeking any necessary
judicial relief, to ensure that affected absent uniformed
services voters and overseas voters are provided a reasonable
opportunity to receive and return their absentee ballots in
time to be counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a
valid request for an absentee ballot is received less than 47
days but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot within
one business day of receipt of the request.''.
SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR
SUBSEQUENT ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to
read as follows:
``SEC. 104. TREATMENT OF BALLOT REQUESTS.
``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered an
application for an absentee ballot for each subsequent
election for Federal office held in the State through the end
of the calendar year following the next regularly scheduled
general election for Federal office, the State shall provide
an absentee ballot to the voter for each such subsequent
election.
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State or is otherwise no longer eligible to vote in the
State.
``(c) Prohibition of Refusal of Application on Grounds of
Early Submission.--A State may not refuse to accept or to
process, with respect to any election for Federal office, any
otherwise valid voter registration application or absentee
ballot application (including the postcard form prescribed
under section 101) submitted by an absent uniformed services
voter or overseas voter on the grounds that the voter
submitted the application before the first date on which the
State otherwise accepts or processes such applications for
that election which are submitted by absentee voters who are
not members of the uniformed services or overseas
citizens.''.
(b) Requirement for Revision to Postcard Form.--
(1) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the
form to--
(A) request an absentee ballot for each election for
Federal office held in a State through the end of the
calendar year following the next regularly scheduled general
election for Federal office; or
(B) request an absentee ballot for a specific election or
elections for Federal office held in a State during the
period described in subparagraph (A).
(2) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to voter registration and absentee
ballot applications which are submitted to a State or local
election official on or after the date of enactment of this
Act.
SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING
PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY
PERSONNEL.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302), as amended by section 1302, is
amended by adding at the end the following new subsection:
``(i) Guarantee of Residency for Spouses and Dependents of
Absent Members of Uniformed Service.--For the purposes of
voting in any election for any Federal office or any State or
local office, a spouse or dependent of an individual who is
an absent uniformed services voter described in subparagraph
(A) or (B) of section 107(1) shall not, solely by reason of
that individual's absence and without regard to whether or
not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY
AND OVERSEAS VOTER EMPOWERMENT ACT AMENDMENTS
RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3))
is amended by striking ``general elections'' and inserting
``general, special, primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (52
U.S.C. 20303) is amended--
(1) in subsection (b)(2)(B), by striking ``general''; and
(2) in the heading thereof, by striking ``general''.
SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302), as amended by sections 1302 and
1405, is amended by adding at the end the following new
subsection:
``(j) Treatment of Post Card Registrations.--A State shall
not remove any absent uniformed services voter or overseas
voter who has registered to vote using the official post card
form (prescribed under section 101) from the official list of
registered voters except in accordance with subparagraph (A),
(B), or (C) of section 8(a)(3) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507).''.
SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER
DISENFRANCHISEMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Presidential designee shall submit
to Congress a report on the impact of widespread mail-in
voting on the ability of active duty military service members
to vote, how quickly the votes of those individuals are
counted, and whether higher volumes of mail-in votes makes it
harder for such individuals to vote in elections for Federal
elections.
(b) Presidential Designee.--For purposes of this section,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
SEC. 1409. EFFECTIVE DATE.
Except as provided in section 1402(b) and section 1404(c),
the amendments made by this subtitle shall apply with respect
to elections occurring on or after January 1, 2026.
Subtitle F--Enhancement of Enforcement
SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE
ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--
Section 401 of the Help America Vote Act of 2002 (52 U.S.C.
21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--A person
who is aggrieved by a violation of title III that impairs
their ability to cast a ballot or a provisional ballot, to
register or maintain one's registration to vote, or to vote
on a voting system meeting the requirements of such title,
which has occurred, is occurring, or is about to occur may
file a written, signed, and notarized complaint with the
Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this
section. The Attorney General shall immediately provide a
copy of a complaint filed under the previous sentence to the
entity responsible for administering the State-based
administrative complaint procedures described in section
402(a) for the State involved.
[[Page S4445]]
``(c) Availability of Private Right of Action.--Any person
who is authorized to file a complaint under subsection (b)
(including any individual who seeks to enforce the
individual's right to a voter-verifiable paper ballot, the
right to have the voter-verifiable paper ballot counted in
accordance with this Act, or any other right under title III)
may file an action under section 1979 of the Revised Statutes
of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this
section may be construed to affect the availability of the
State-based administrative complaint procedures required
under section 402 to any person filing a complaint under this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring with respect
to elections for Federal office held in 2026 or any
succeeding year.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS
AFFECTED BY POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Minimum Notification Requirements for Voters Affected
by Polling Place Changes.--
``(1) Requirement for precinct-based polling.--
``(A) In general.--If an applicable individual has been
assigned to a polling place that is different than the
polling place that such individual was assigned with respect
to the most recent past election for Federal office in which
the individual was eligible to vote--
``(i) the appropriate election official shall, not later
than 2 days before the beginning of an early voting period--
``(I) notify the individual of the location of the polling
place; and
``(II) post a general notice on the website of the State or
jurisdiction, on social media platforms (if available), and
on signs at the prior polling place; and
``(ii) if such assignment is made after the date that is 2
days before the beginning of an early voting period and the
individual appears on the date of the election at the polling
place to which the individual was previously assigned, the
jurisdiction shall make every reasonable effort to enable the
individual to vote a ballot on the date of the election
without the use of a provisional ballot.
``(B) Applicable individual.--For purposes of subparagraph
(A), the term `applicable individual' means, with respect to
any election for Federal office, any individual--
``(i) who is registered to vote in a jurisdiction for such
election and was registered to vote in such jurisdiction for
the most recent past election for Federal office; and
``(ii) whose voter registration address has not changed
since such most recent past election for Federal office.
``(C) Methods of notification.--The appropriate election
official shall notify an individual under clause (i)(I) of
subparagraph (A) by mail, telephone, and (if available) text
message and electronic mail.
``(2) Requirements for vote centers.--In the case of a
jurisdiction in which individuals are not assigned to
specific polling places, not later than 2 days before the
beginning of an early voting period, the appropriate election
official shall notify each individual eligible to vote in
such jurisdiction of the location of all polling places at
which the individual may vote.
``(3) Notice with respect to closed polling places.--
``(A) In general.--If a location which served as a polling
place for an election for Federal office in a State does not
serve as a polling place in the next election for Federal
office held in the State, the State shall ensure that signs
are posted at such location on the date of the election and
during any early voting period for the election containing
the following information:
``(i) A statement that the location is not serving as a
polling place in the election.
``(ii) The locations serving as polling places in the
election in the jurisdiction involved.
``(iii) The name and address of any substitute polling
place serving the same precinct and directions from the
former polling place to the new polling place.
``(iv) Contact information, including a telephone number
and website, for the appropriate State or local election
official through which an individual may find the polling
place to which the individual is assigned for the election.
``(B) Internet posting.--Each State which is required to
post signs under subparagraph (A) shall also provide such
information through a website and through social media (if
available).
``(4) Linguistic preference.--The notices required under
this subsection shall comply with the requirements of section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2026.''.
(b) Conforming Amendment.--Section 302(e) of such Act (52
U.S.C. 21082(e)), as redesignated by subsection (a), is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (d)(4), each State''.
SEC. 1602. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20310) are
each amended by striking ``and American Samoa'' and inserting
``American Samoa, and the Commonwealth of the Northern
Mariana Islands''.
SEC. 1603. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL
ELECTION AND RUNOFF ELECTION FOR FEDERAL
ELECTIONS IN THE VIRGIN ISLANDS AND GUAM.
Section 2 of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands
shall each be represented in Congress by a Delegate to the
House of Representatives'', approved April 10, 1972 (48
U.S.C. 1712), is amended--
(1) by striking ``(a) The Delegate'' and inserting ``The
Delegate'';
(2) by striking ``on the fourteenth day following such an
election'' in the fourth sentence of subsection (a); and
(3) by striking subsection (b).
SEC. 1604. APPLICATION OF FEDERAL ELECTION ADMINISTRATION
LAWS TO TERRITORIES OF THE UNITED STATES.
(a) National Voter Registration Act of 1993.--Section 3(4)
of the National Voter Registration Act of 1993 (52 U.S.C.
20502(4)) is amended by striking ``States and the District of
Columbia'' and inserting ``States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141) is amended by striking ``and the United
States Virgin Islands'' and inserting ``the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52 U.S.C.
20943(a)(2)) is amended by striking ``and American Samoa''
and inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by
striking ``or the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--
Section 90102(c) of title 36, United States Code, is amended
by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 1605. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO
TERRITORIES OF THE UNITED STATES.
(a) Intimidation of Voters.--Section 594 of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.
(b) Interference by Government Employees.--Section 595 of
title 18, United States Code, is amended by striking
``Delegate from the District of Columbia, or Resident
Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.
SEC. 1606. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.
(a) In General.--
(1) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
and section 1305(a), is amended--
(A) by redesignating sections 315 and 316 as sections 316
and 317, respectively; and
(B) by inserting after section 314 the following new
section:
``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State or jurisdiction shall take
reasonable efforts to provide a sufficient number of voting
systems, poll workers, and other election resources
(including physical resources) at a polling place used in any
election for Federal office, including a polling place at
which individuals may cast ballots prior to the date of the
election, to ensure--
``(A) a fair and equitable waiting time for all voters in
the State or jurisdiction; and
``(B) that no individual will be required to wait longer
than 30 minutes to cast a ballot at the polling place.
[[Page S4446]]
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided
at a polling place for purposes of paragraph (1), the State
or jurisdiction shall take into account the following
factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered since the
most recent Federal election.
``(E) Census data for the population served by the polling
place, such as the proportion of the voting-age population
who are under 25 years of age or who are naturalized
citizens.
``(F) The needs and numbers of voters with disabilities and
voters with limited English proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives, referenda,
and other questions on the ballot.
``(I) Such other factors, including relevant demographic
factors relating to the population served by the polling
place, as the State considers appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to authorize a State or jurisdiction to meet the
requirements of this subsection by closing any polling place,
prohibiting an individual from entering a line at a polling
place, or refusing to permit an individual who has arrived at
a polling place prior to closing time from voting at the
polling place; or
``(B) to limit the use of mobile voting centers.
``(b) Limiting Variations on Number of Hours of Operation
of Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (2), each State shall establish hours of
operation for all polling places in the State on the date of
any election for Federal office held in the State such that
the polling place with the greatest number of hours of
operation on such date is not in operation for more than 2
hours longer than the polling place with the fewest number of
hours of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the State
establishes variations in the hours of operation of polling
places on the basis of the overall population or the voting
age population (as the State may select) of the unit of local
government in which such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply
in the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local government in
which the polling place is located; or
``(B) which is required pursuant to an order by a court to
extend its hours of operation beyond the hours otherwise
established.
``(c) Ensuring Access to Polling Places for Voters.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place used on the date of the election is
located within walking distance of a stop on a public
transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) used on the date of the election will be
located in such rural areas; and
``(B) ensure that such polling places are located in
communities which will provide the greatest opportunity for
residents of rural areas to vote on the date of the election.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in section 310(b)(2) or a small
jurisdiction described in section 310(b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State
or jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) used on the date of the election will be
located on the physical campus of each such institution,
including each such branch campus; and
``(B) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(d) Effective Date.--This section shall take effect upon
the expiration of the 180-day period which begins on the date
of enactment of this subsection.''.
(2) Conforming amendments relating to issuance of voluntary
guidance by election assistance commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b) and as amended by sections, 1102, 1103,
1104, and 1201, is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6);
(C) in paragraph (6), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (4) or (5)''; and
(D) by inserting after paragraph (4) the following new
paragraph:
``(5) in the case of the recommendations with respect to
section 315, 180 days after the date of enactment of such
section; and''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), and section 1305(b), is amended--
(A) by redesignating the items relating to sections 315 and
316 as relating to sections 316 and 317, respectively; and
(B) by inserting after the item relating to section 314 the
following new item:
``Sec. 315. Ensuring equitable and efficient operation of polling
places.''.
(b) Study of Methods to Enforce Fair and Equitable Waiting
Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a
joint study of the effectiveness of various methods of
enforcing the requirements of section 315(a) of the Help
America Vote Act of 2002, as added by subsection (a),
including methods of best allocating resources to
jurisdictions which have had the most difficulty in providing
a fair and equitable waiting time at polling places to all
voters, and to communities of color in particular.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish
and submit to Congress a report on the study conducted under
paragraph (1).
SEC. 1607. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.
(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
section 1305(a), and section 1606(a)(1), is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:
``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.
``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside
voting as a method by which individuals may cast ballots in
the election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by such method.
``(b) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding
election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), and section 1606(a)(3), is
amended--
(1) by redesignating the items relating to sections 316 and
317 as relating to sections 317 and 318, respectively; and
(2) by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Prohibiting States from restricting curbside voting.''.
PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C.
20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2026 and each
succeeding fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION
ASSISTANCE COMMISSION.
(a) Assessment of Information Technology and
Cybersecurity.--Not later than June 30, 2026, the Election
Assistance Commission shall carry out an assessment of the
security and effectiveness of the Commission's information
technology systems, including the cybersecurity of such
systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of
the Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than June 30, 2026, the Commission shall submit to Congress a
report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve
the procedures which are the subject of the review.
[[Page S4447]]
SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE
COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING
REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act
of 2002 (52 U.S.C. 20925) is amended by striking subsection
(e).
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into by the
Election Assistance Commission on or after the date of
enactment of this Act.
PART 3--MISCELLANEOUS PROVISIONS
SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.
(a) Definition.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the
end the following new section:
``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election
for Federal office' means a general, special, primary, or
runoff election for the office of President or Vice
President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
title IX the following new item:
``Sec. 907. Election for Federal office defined.''.
SEC. 1622. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing
in this title may be construed to authorize or require
conduct prohibited under any of the following laws, or to
supersede, restrict, or limit the application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under
Voting Rights Act.--The approval by any person of a payment
or grant application under this title, or any other action
taken by any person under this title, shall not be considered
to have any effect on requirements for preclearance under
section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304)
or any other requirements of such Act.
(c) No Effect on Authority of States to Provide Greater
Opportunities for Voting.--Nothing in this title or the
amendments made by this title may be construed to prohibit
any State from enacting any law which provides greater
opportunities for individuals to register to vote and to vote
in elections for Federal office than are provided by this
title and the amendments made by this title.
SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT
VOTER REGISTRATION.
To the extent that any provision of this title or any
amendment made by this title imposes a requirement on a State
relating to registering individuals to vote in elections for
Federal office, such provision shall not apply in the case of
any State in which, under law that is in effect continuously
on and after the date of enactment of this Act, there is no
voter registration requirement for any voter in the State
with respect to an election for Federal office.
SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT
COLLECT TELEPHONE INFORMATION.
(a) Amendment to Help America Vote Act of 2002.--Subtitle A
of title III of the Help America Vote Act of 2002 (52 U.S.C.
21081 et seq.), as amended by section 1031(a), section
1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section
1302(a), section 1303(b), section 1305(a), section
1606(a)(1), and section 1607(a), is amended--
(1) by redesignating sections 317 and 318 as sections 318
and 319, respectively; and
(2) by inserting after section 316 the following new
section:
``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH
DO NOT COLLECT TELEPHONE INFORMATION.
``(a) In General.--To the extent that any provision of this
title imposes a requirement on a State or jurisdiction
relating to contacting voters by telephone, such provision
shall not apply in the case of any State which continuously
on and after the date of enactment of this Act, does not
collect telephone numbers for voters as part of voter
registration in the State with respect to an election for
Federal office.
``(b) Exception.--Subsection (a) shall not apply in any
case in which the voter has voluntarily provided telephone
information.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), section 1606(a)(3), and section
1607(b), is amended--
(1) by redesignating the items relating to sections 317 and
318 as relating to sections 318 and 319, respectively; and
(2) by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Application of certain provisions to States which do not
collect telephone information.''.
Subtitle H--Democracy Restoration
SEC. 1701. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration
Act of 2024''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections,
an authority which has repeatedly been upheld by the United
States Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous
condition of servitude. The 13th, 14th, 15th, 19th, 24th, and
26th Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections.
The 8th Amendment to the Constitution provides for no
excessive bail to be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in Federal
elections leads to an unfair disparity and unequal
participation in Federal elections based solely on where a
person lives;
(B) laws governing the restoration of voting rights after a
criminal conviction vary throughout the country and persons
in some States can easily regain their voting rights while in
other States persons effectively lose their right to vote
permanently; and
(C) State disenfranchisement laws disproportionately impact
racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do
not disenfranchise individuals with criminal convictions at
all. In 2020, the District of Columbia re-enfranchised its
citizens who are under the supervision of the Federal Bureau
of Prisons. Twenty-five States disenfranchise certain
individuals on felony probation or parole. During 2023,
lawmakers in Minnesota and New Mexico expanded voting rights
to citizens on felony probation and parole. In 11 States, a
conviction for certain offenses can result in lifetime
disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2022, over 4,600,000 citizens of the United States,
or about 1 in 50 adults in the United States, could not vote
as a result of a felony conviction. Of the 4,600,000 citizens
barred from voting then, only 23 percent were in prison or
jail. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately
2,200,000 citizens who had completed their sentences were
disenfranchised due to restrictive State laws. Over 930,000
Floridians who completed their sentence remain
disenfranchised because of a pay-to-vote requirement that was
enacted by Florida lawmakers in 2019 to undermine the impact
of a 2018 ballot initiative that eliminated the lifetime ban
for persons with certain felony convictions. In 3 States--
Alabama, Mississippi, and Tennessee--more than 8 percent of
the total population is disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform
and potentially discriminatory manner. Disenfranchised
individuals sometimes must either obtain a pardon or an order
from the Governor or an action by the parole or pardon board,
depending on the offense and State. Financial restrictions
may also inhibit individuals who have completed their
sentences from re-enfranchisement. Individuals convicted of a
Federal offense often have additional barriers to regaining
voting rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
States--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the States that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-
American population, or 1,800,000 African Americans, are
disenfranchised due to a felony conviction. In 9 States--
Alabama (16 percent), Arizona
[[Page S4448]]
(13 percent), Florida (15 percent), Kentucky (15 percent),
Mississippi (16 percent), South Dakota (14 percent),
Tennessee (21 percent), Virginia (16 percent), and Wyoming
(36 percent)--more than 1 in 8 African Americans are unable
to vote because of a felony conviction, twice the national
average for African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. Although data
on ethnicity in correctional populations are unevenly
reported and undercounted in some States, a conservative
estimate is that at least 506,000 Latino Americans or 1.7
percent of the voting-age population are disenfranchised. In
31 States Latinos are disenfranchised at a higher rate than
the general population. In Arizona and Tennessee over 6
percent of Latino voters are disenfranchised due to a felony
conviction.
(12) Women have been significantly impacted by mass
incarceration since the early 1980s. Approximately 1,000,000
women were disenfranchised in 2022, comprising over 20
percent of the total disenfranchised population.
(13) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders
their rehabilitation and reintegration into society. Models
of successful re-entry for persons convicted of a crime
emphasize the importance of community ties, feeling vested
and integrated, and prosocial attitudes. Individuals with
criminal convictions who succeed in avoiding recidivism are
typically more likely to see themselves as law-abiding
members of the community. Restoration of voting rights builds
those qualities and facilitates reintegration into the
community. That is why allowing citizens with criminal
convictions who are living in a community to vote is
correlated with a lower likelihood of recidivism. Restoration
of voting rights thus reduces violence and protects public
safety.
(14) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised
persons. Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(15) The United States is one of the only Western
democracies that permits the permanent denial of voting
rights for individuals with felony convictions.
(16) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic
precept of justice ``that punishment for crime should be
graduated and proportioned to [the] offense.'' Id. (quoting
Weems v. United States, 217 U.S. 349, 367 (1910)). As the
Supreme Court has long recognized, ``[t]he concept of
proportionality is central to the Eighth Amendment.'' (Graham
v. Florida, 560 U.S. 48, 59 (2010)). Many State
disenfranchisement laws are grossly disproportional to the
offenses that lead to disenfranchisement and thus violate the
bar on cruel and unusual punishments. For example, a number
of States mandate lifetime disenfranchisement for a single
felony conviction or just two felony convictions, even where
the convictions were for non-violent offenses. In numerous
other States, disenfranchisement can last years or even
decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(17) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States
or any State by reason of failure to pay any poll tax or
other tax.'' Section 2 of the Twenty-Fourth Amendment gives
Congress the power to enforce this article by appropriate
legislation. Court fines and fees that individuals must pay
to have their voting rights restored constitute an ``other
tax'' for purposes of the Twenty-Fourth Amendment. At least
five States explicitly require the payment of fines and fees
before individuals with felony convictions can have their
voting rights restored. More than 20 other States effectively
tie the right to vote to the payment of fines and fees, by
requiring that individuals complete their probation or parole
before their rights are restored. In these States, the non-
payment of fines and fees is a basis on which probation or
parole can be extended. Moreover, these States sometimes do
not record the basis on which an individual's probation or
parole was extended, making it impossible to determine from
the State's records whether non-payment of fines and fees is
the reason that an individual remains on probation or parole.
For these reasons, the only way to ensure that States do not
deny the right to vote based solely on non-payment of fines
and fees is to prevent States from conditioning voting rights
on the completion of probation or parole.
SEC. 1703. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United
States to vote in any election for Federal office shall not
be denied or abridged because that individual has been
convicted of a criminal offense unless such individual is
serving a felony sentence in a correctional institution or
facility at the time of the election.
SEC. 1704. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil
action, obtain such declaratory or injunctive relief as is
necessary to remedy a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation
to the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt
of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may, in a civil action, obtain declaratory
or injunctive relief with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief
election official of the State under paragraph (1) before
bringing a civil action to obtain declaratory or injunctive
relief with respect to the violation.
SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who
has been convicted of a criminal offense under the law of
that State that such individual has the right to vote in an
election for Federal office pursuant to the Democracy
Restoration Act of 2024 and may register to vote in any such
election and provide such individuals with any materials that
are necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given on the date on which the
individual--
(i) is sentenced to serve only a term of probation; or
(ii) is released from the custody of that State (other than
to the custody of another State or the Federal Government to
serve a term of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a State
court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to
the Democracy Restoration Act of 2024 and may register to
vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given--
(i) in the case of an individual who is sentenced to serve
only a term of probation, by the Assistant Director for the
Office of Probation and Pretrial Services of the
Administrative Office of the United States Courts on the date
on which the individual is sentenced; or
(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the date that is 6
months before such individual is released and ending on the
date such individual is released from the custody of the
Bureau of Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a court
established by an Act of Congress.
SEC. 1706. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center
(or similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party held to
nominate a candidate;
(C) a primary election held for the selection of delegates
to a national nominating convention of a political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election to the
office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States,
or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without
a condition on the individual involved concerning--
[[Page S4449]]
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an officer of
the court; or
(D) supervision of the individual by an officer of the
court.
SEC. 1707. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this
division shall be construed to prohibit any State from
enacting any State law which affords the right to vote in any
election for Federal office on terms less restrictive than
those established by this division.
(b) Certain Federal Acts.--The rights and remedies
established by this subtitle are in addition to all other
rights and remedies provided by law, and neither rights and
remedies established by this subtitle shall supersede,
restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.), the National Voter
Registration Act (52 U.S.C. 20501), or the Help America Vote
Act of 2002 (52 U.S.C. 20901 et seq.).
SEC. 1708. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may
receive or use, to construct or otherwise improve a prison,
jail, or other place of incarceration, any Federal funds
unless that State, unit of local government, or person--
(1) is in compliance with section 1703; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen
of the United States is notified, upon release from such
incarceration, of that individual's rights under section
1703.
SEC. 1709. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States
voting in any election for Federal office held on or after
the date of enactment of this Act.
Subtitle I--Voter Identification and Allowable Alternatives
SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.
(a) Requirement to Provide Identification as Condition of
Receiving Ballot.--Section 303 of the Help America Vote Act
of 2002 (52 U.S.C. 21083) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e),
respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Voter Identification Requirements.--
``(1) Voter identification requirement defined.--For
purposes of this subsection:
``(A) In general.--The term `voter identification
requirement' means any requirement that an individual
desiring to vote in person in an election for Federal office
present identification as a requirement to receive or cast a
ballot in person in such election.
``(B) Exception.--Such term does not include any
requirement described in subsection (b)(2)(A) as applied with
respect to an individual described in subsection (b)(1).
``(2) In general.--If a State or local jurisdiction has a
voter identification requirement, the State or local
jurisdiction--
``(A) shall treat any applicable identifying document as
meeting such voter identification requirement;
``(B) notwithstanding the failure to present an applicable
identifying document, shall treat an individual desiring to
vote in person in an election for Federal office as meeting
such voter identification requirement if--
``(i) the individual presents the appropriate State or
local election official with a sworn written statement,
signed in the presence of the official by an adult who has
known the individual for not less than 6 months under penalty
of perjury, attesting to the individual's identity;
``(ii) the official has known the individual for at least
six months; or
``(iii) in the case of a resident of a State-licensed care
facility, an employee of the facility confirms the
individual's identity; and
``(C) shall permit any individual desiring to vote in an
election for Federal office who does not present an
applicable identifying document required under subparagraph
(A) or qualify for an exception under subparagraph (B) to
cast a provisional ballot with respect to the election under
section 302(a) in accordance with paragraph (3).
``(3) Rules for provisional ballot.--
``(A) In general.--An individual may cast a provisional
ballot pursuant to paragraph (2)(C) so long as the individual
presents the appropriate State or local election official
with a sworn written statement, signed by the individual
under penalty of perjury, attesting to the individual's
identity.
``(B) Prohibition on other requirements.--Except as
otherwise provided this paragraph, a State or local
jurisdiction may not impose any other additional requirement
or condition with respect to the casting of a provisional
ballot by an individual described in paragraph (2)(C).
``(C) Counting of provisional ballot.--In the case of a
provisional ballot cast pursuant to paragraph (2)(C), the
appropriate State or local election official shall not make a
determination under section 302(a)(4) that the individual is
eligible under State law to vote in the election unless--
``(i) the official determines that the signature on such
statement matches the signature of such individual on the
official list of registered voters in the State or other
official record or document used by the State to verify the
signatures of voters; or
``(ii) not later than 10 days after casting the provisional
ballot, the individual presents an applicable identifying
document, either in person or by electronic methods, to the
official and the official confirms the individual is the
person identified on the applicable identifying document.
``(D) Notice and opportunity to cure discrepancy in
signatures or other defects on provisional ballots.--
``(i) Notice and opportunity to cure discrepancy in
signatures.--If an individual casts a provisional ballot
under this paragraph and the appropriate State or local
election official determines that a discrepancy exists
between the signature on such ballot and the signature of
such individual on the official list of registered voters in
the State or other official record or document used by the
State to verify the signatures of voters, such election
official, prior to making a final determination as to the
validity of such ballot, shall--
``(I) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(aa) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(bb) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and
``(II) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(ii) Notice and opportunity to cure other defects.--If an
individual casts a provisional ballot under this paragraph
with a defect which, if left uncured, would cause the ballot
to not be counted, the appropriate State or local election
official, prior to making a final determination as to the
validity of the ballot, shall--
``(I) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(aa) the ballot has some defect; and
``(bb) if the individual does not cure the other defect
prior to the expiration of the third day following the
State's deadline for receiving mail-in ballots or absentee
ballots, such ballot will not be counted; and
``(II) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual cures the
defect.
``(E) No exemption.--Notwithstanding section 302(a), States
described in section 4(b) of the National Voter Registration
Act of 1993 shall be required to meet the requirements of
paragraph (2)(C).
``(F) Rule of construction.--
``(i) In general.--Nothing in paragraph (2)(C) or this
paragraph shall be construed to prevent a State from
permitting an individual who provides a sworn statement
described in subparagraph (A) to cast a regular ballot in
lieu of a provisional ballot.
``(ii) Regular ballot.--For purpose of this subparagraph,
the term `regular ballot' means a ballot which is cast and
counted in same manner as ballots cast by individuals meeting
the voter identification requirement (and all other
applicable requirements with respect to voting in the
election).
``(4) Development and use of pre-printed version of
statement by commission.--
``(A) In general.--The Commission shall develop pre-printed
versions of the statements described in paragraphs (2)(B)(i)
and (3)(A) which include appropriate blank spaces for the
provision of names and signatures.
``(B) Providing pre-printed copy of statement.--Each State
and jurisdiction that has a voter identification requirement
shall make copies of the pre-printed version of the statement
developed under subparagraph (A) available at polling places
for use by individuals voting in person.
``(5) Required provision of identifying documents.--
``(A) In general.--Each State and jurisdiction that has a
voter identification requirement shall--
``(i) for each individual who, on or after the applicable
date, is registered to vote in such State or jurisdiction in
elections for Federal office, provide the individual with a
government-issued identification that meets the requirements
of this subsection without charge;
``(ii) for each individual who, before the applicable date,
was registered to vote in such State or jurisdiction in
elections for Federal office but does not otherwise possess
an identifying document, provide the individual with a
government-issued identification that meets the requirements
of this subsection without charge, so long as the State
provides the individual with reasonable opportunities to
obtain such identification prior to the date of the election;
and
``(iii) for each individual who is provided with an
identification under clause (i) or clause (ii), provide the
individual with such
[[Page S4450]]
assistance without charge upon request as may be necessary to
enable the individual to obtain and process any documentation
necessary to obtain the identification.
``(B) Applicable date.--For purposes of this paragraph, the
term `applicable date' means the later of--
``(i) January 1, 2026, or
``(ii) the first date after the date of enactment of this
subsection for which the State or local jurisdiction has in
effect a voter identification requirement.
``(6) Applicable identifying document.--For purposes of
this subsection--
``(A) In general.--The term `applicable identifying
document' means, with respect to any individual, any document
issued to such individual containing the individual's name.
``(B) Included documents.--The term `applicable identifying
document' shall include any of the following (so long as such
document is not expired, as indicated by an expiration date
included on the document):
``(i) A valid driver's license or an identification card
issued by a State, the Federal Government, or a State or
federally recognized Tribal government.
``(ii) A State-issued identification described in paragraph
(4).
``(iii) A valid United States passport or passport card.
``(iv) A valid employee identification card issued by--
``(I) any branch, department, agency, or entity of the
United States Government or of any State,
``(II) any State or federally recognized Tribal government,
or
``(III) any county, municipality, board, authority, or
other political subdivision of a State.
``(v) A valid student identification card issued by an
institution of higher education, or a valid high school
identification card issued by a State-accredited high school.
``(vi) A valid military identification card issued by the
United States.
``(vii) A valid gun license or concealed carry permit.
``(viii) A valid Medicare card or Social Security card.
``(ix) A valid birth certificate.
``(x) A valid voter registration card.
``(xi) A valid hunting or fishing license issued by a
State.
``(xii) A valid identification card issued to the
individual by the Supplemental Nutrition Assistance (SNAP)
program.
``(xiii) A valid identification card issued to the
individual by the Temporary Assistance for Needy Families
(TANF) program.
``(xiv) A valid identification card issued to the
individual by Medicaid.
``(xv) A valid bank card or valid debit card.
``(xvi) A valid utility bill issued within six months of
the date of the election.
``(xvii) A valid lease or mortgage document issued within
six months of the date of the election.
``(xviii) A valid bank statement issued within six months
of the date of the election.
``(xix) A valid health insurance card issued to the voter.
``(xx) Any other document containing the individual's name
issued by--
``(I) any branch, department, agency, or entity of the
United States Government or of any State;
``(II) any State or federally recognized tribal government;
or
``(III) any county, municipality, board, authority, or
other political subdivision of a State.
``(C) Copies and electronic documents accepted.--The term
`applicable identifying document' includes--
``(i) any copy of a document described in subparagraph (A)
or (B); and
``(ii) any document described in subparagraph (A) or (B)
which is presented in electronic format.''.
(b) Payments to States to Cover Costs of Required
Identification Documents.--
(1) In general.--The Election Assistance Commission shall
make payments to States to cover the costs incurred in
providing identifications under section 303(c)(5) of the Help
America Vote Act of 2002, as amended by this section.
(2) Amount of payment.--The amount of the payment made to a
State under this subsection for any year shall be equal to
the amount of fees which would have been collected by the
State during the year in providing the identifications
required under section 303(c)(5) of such Act if the State had
charged the usual and customary rates for such
identifications, as determined on the basis of information
furnished to the Commission by the State at such time and in
such form as the Commission may require.
(3) Authorization of appropriations.--There are authorized
to be appropriated for payments under this subsection an
aggregate amount of $5,000,000 for fiscal year 2026 and each
of the 4 succeeding fiscal years.
(c) Conforming Amendments.--Section 303(b)(2)(A) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is
amended--
(1) in clause (i), by striking ``in person'' and all that
follows and inserting ``in person, presents to the
appropriate State or local election official an applicable
identifying document (as defined in subsection (c)(6)); or'';
and
(2) in clause (ii), by striking ``by mail'' and all that
follows and inserting ``by mail, submits with the ballot an
applicable identifying document (as so defined).''.
(d) Definition.--For the purposes of this section, the term
``State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
(e) Effective Date.--Section 303(e) of such Act (52 U.S.C.
21083(d)(2)), as redesignated by subsection (a), is amended
by adding at the end the following new paragraph:
``(3) Voter identification requirements.--Each State and
jurisdiction shall be required to comply with the
requirements of subsection (c) with respect to elections for
Federal office held on or after January 1, 2026.''.
Subtitle J--Voter List Maintenance Procedures
PART 1--VOTER CAGING PROHIBITED
SEC. 1901. VOTER CAGING PROHIBITED.
(a) Definitions.--In this section--
(1) the term ``voter caging document'' means--
(A) a non-forwardable document sent by any person other
than a State or local election official that is returned to
the sender or a third party as undelivered or undeliverable
despite an attempt to deliver such document to the address of
a registered voter or applicant; or
(B) any document sent by any person other than a State or
local election official with instructions to an addressee
that the document be returned to the sender or a third party
but is not so returned, despite an attempt to deliver such
document to the address of a registered voter or applicant;
(2) the term ``voter caging list'' means a list of
individuals compiled from voter caging documents; and
(3) the term ``unverified match list'' means any list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals
who are ineligible to vote in the registrar's jurisdiction,
by virtue of death, conviction, change of address, or
otherwise, unless one of the pieces of information matched
includes a signature, photograph, or unique identifying
number ensuring that the information from each source refers
to the same individual.
(b) Prohibition Against Voter Caging.--No State or local
election official shall prevent an individual from
registering or voting in any election for Federal office, or
permit in connection with any election for Federal office a
formal challenge under State law to an individual's
registration status or eligibility to vote, if the basis for
such decision is evidence consisting of--
(1) a voter caging document or voter caging list;
(2) an unverified match list;
(3) an error or omission on any record or paper relating to
any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004(a)(2)(B)
of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it
is corroborated by independent evidence of the individual's
ineligibility to register or vote.
(c) Enforcement.--
(1) Civil enforcement.--
(A) In general.--The Attorney General may bring a civil
action in an appropriate district court for such declaratory
or injunctive relief as is necessary to carry out this
section.
(B) Private right of action.--
(i) In general.--A person who is aggrieved by a violation
of this section may provide written notice of the violation
to the chief election official of the State involved.
(ii) Relief.--Except as provided in clause (iii), if the
violation is not corrected within 90 days after receipt of a
notice under clause (i), or within 20 days after receipt of
the notice if the violation occurred within 120 days before
the date of an election for Federal office, the aggrieved
person may, in a civil action, obtain declaratory or
injunctive relief with respect to the violation.
(iii) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, on the
date of the election, or after the date of the election but
prior to the completion of the canvass, the aggrieved person
need not provide notice under clause (i) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
(2) Criminal penalty.--Whoever knowingly challenges the
eligibility of one or more individuals to register or vote or
knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that
one or more eligible voters be disqualified, shall be fined
under title 18, United States Code, or imprisoned not more
than 1 year, or both, for each such violation. Each violation
shall be a separate offense.
(d) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to
affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING
SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF
REGISTERED VOTERS.
(a) Conditions Described.--The National Voter Registration
Act of 1993 (52 U.S.C.
[[Page S4451]]
20501 et seq.) is amended by inserting after section 8 the
following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL
LIST OF REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable
Evidence of Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote
in elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence,
that the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1),
except as permitted under section 8(d) after a notice
described in paragraph (2) of such section has been sent, the
following factors, or any combination thereof, shall not be
treated as objective and reliable evidence of a registrant's
ineligibility to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to any
election mail, unless the election mail has been returned as
undeliverable.
``(C) The failure of the registrant to take any other
action with respect to voting in any election or with respect
to the registrant's status as a registrant.
``(3) Removal based on official records.--
``(A) In general.--Nothing in this section shall prohibit a
State from removing a registrant from the official list of
eligible voters in elections for Federal office if, on the
basis of official records maintained by the State, a State or
local election official knows, on the basis of objective and
reliable evidence, that the registrant has--
``(i) died; or
``(ii) permanently moved out of the State and is no longer
eligible to vote in the State.
``(B) Opportunity to demonstrate eligibility.--The State
shall provide a voter removed from the official list of
eligible voters in elections for Federal office under this
paragraph an opportunity to demonstrate that the registrant
is eligible to vote and be reinstated on the official list of
eligible voters in elections for Federal office in the State.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a State
removes the name of a registrant from the official list of
eligible voters, the State shall send notice of the removal
to the former registrant, and shall include in the notice the
grounds for the removal and information on how the former
registrant may contest the removal or be reinstated,
including a telephone number for the appropriate election
official.
``(B) Exceptions.--Subparagraph (A) does not apply in the
case of a registrant--
``(i) who sends written confirmation to the State that the
registrant is no longer eligible to vote in the registrar's
jurisdiction in which the registrant was registered; or
``(ii) who is removed from the official list of eligible
voters by reason of the death of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters
(as described in section 8(a)(4)), the State shall
disseminate a public notice through such methods as may be
reasonable to reach the general public (including by
publishing the notice in a newspaper of wide circulation and
posting the notice on the websites of the appropriate
election officials) that list maintenance is taking place and
that registrants should check their registration status to
ensure no errors or mistakes have been made. The State shall
ensure that the public notice disseminated under this
paragraph is in a format that is reasonably convenient and
accessible to voters with disabilities, including voters who
have low vision or are blind.''.
(b) Conditions for Transmission of Notices of Removal.--
Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by
adding at the end the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A))
is amended by striking ``registrants'' the second place it
appears and inserting ``and subject to section 8A of such
Act, registrants''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
Subtitle K--Severability
SEC. 1921. SEVERABILITY.
If any provision of this title or any amendment made by
this title, or the application of any such provision or
amendment to any person or circumstance, is held to be
unconstitutional, the remainder of this title, and the
application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
SUBDIVISION 2--ELECTION INTEGRITY
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR
PREVENTING VOTER REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 612. Hindering, interfering with, or preventing
registering to vote
``(a) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
registering to vote or to corruptly hinder, interfere with,
or prevent another person from aiding another person in
registering to vote.
``(b) Attempt.--Any person who attempts to commit any
offense described in subsection (a) shall be subject to the
same penalties as those prescribed for the offense that the
person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned not more than 5
years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 18, United States Code, is amended by adding at
the end the following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act, except that no person may
be found to have violated section 612 of title 18, United
States Code (as added by subsection (a)), on the basis of any
act occurring prior to the date of the enactment of this Act.
SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
develop and publish recommendations for best practices for
States to use to deter and prevent violations of section 612
of title 18, United States Code (as added by section 2001),
and section 12 of the National Voter Registration Act of 1993
(52 U.S.C. 20511) (relating to the unlawful interference with
registering to vote, or voting, or attempting to register to
vote or vote), including practices to provide for the posting
of relevant information at polling places and voter
registration agencies under such Act, the training of poll
workers and election officials, and relevant educational
materials. For purposes of this subsection, the term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of section
612 of title 18, United States Code, and section 12 of the
National Voter Registration Act of 1993 (52 U.S.C. 20511)
(relating to the unlawful interference with registering to
vote, or voting, or attempting to register to vote or vote),
including information on how individuals may report
allegations of violations of such prohibitions.''.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION
ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS
FOR FEDERAL OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the
fair, impartial, and uniform administration of Federal
elections by State and local officials.
(2) The Elections Clause was understood from the framing of
the Constitution to contain ``words of great latitude,''
granting Congress broad power over Federal elections and a
plenary right to preempt State regulation in this area. As
made clear at the Constitutional Convention and the State
ratification debates that followed, this grant of
congressional authority was meant to ``insure free and fair
elections,'' promote the uniform administration of Federal
elections, and ``preserve and restore to the people their
equal and sacred rights of election.''.
(3) In the founding debates on the Elections Clause, many
delegates also argued that a broad grant of authority to
Congress over Federal elections was necessary to check any
``abuses that might be made of the discretionary power'' to
regulate the time, place, and manner of elections granted the
[[Page S4452]]
States, including attempts at partisan entrenchment,
malapportionment, and the exclusion of political minorities.
As the Supreme Court has recognized, the Elections Clause
empowers Congress to ``protect the elections on which its
existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658
(1884), and ``protect the citizen in the exercise of rights
conferred by the Constitution of the United States essential
to the healthy organization of the government itself,'' id.
at 666.
(4) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879),
allowing Congress to implement ``a complete code for
congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366
(1932). The Elections Clause, unlike, for example, the
Commerce Clause, has been found to grant Congress the
authority to compel States to alter their regulations as to
Federal elections, id. at 366-67, even if these alterations
would impose additional costs on the States to execute or
enforce. Association of Community Organizations for Reform
Now v. Miller, 129 F.3d 833 (6th Cir. 1997).
(5) The phrase ``manner of holding elections'' in the
Elections Clause has been interpreted by the Supreme Court to
authorize Congress to regulate all aspects of the Federal
election process, including ``notices, registration,
supervision of voting, protection of voters, prevention of
fraud and corrupt practices, counting of votes, duties of
inspectors and canvassers, and the making and publication of
election returns.'' Smiley v. Holm, 285 U.S. 355, 366
(1932).
(6) The Supreme Court has recognized the broad
``substantive scope'' of the Elections Clause and upheld
Federal laws promulgated thereunder regulating redistricting,
voter registration, campaign finance, primary elections,
recounts, party affiliation rules, and balloting.
(7) The authority of Congress under the Elections Clause
also entails the power to ensure enforcement of its laws
regulating Federal elections. ``[I]f Congress has the power
to make regulations, it must have the power to enforce
them.'' Ex parte Siebold, 100 U.S. 371, 387 (1879). The
Supreme Court has noted that there can be no question that
Congress may impose additional penalties for offenses
committed by State officers in connection with Federal
elections even if they differ from the penalties prescribed
by State law for the same acts. Id. at 387-88.
(8) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government,'' Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting
. . . and the election itself from corruption or fraud,'' id.
at 661-62.
(9) The Elections Clause thus grants Congress the authority
to ensure that the administration of Federal elections is
free of political bias or discrimination and that election
officials are insulated from political influence or other
forms of coercion in discharging their duties in connection
with Federal elections.
(10) In some States, oversight of local election
administrators has been allocated to State Election Boards,
or special commissions formed by those boards, that are
appointed by the prevailing political party in a State, as
opposed to nonpartisan or elected office holders.
(11) In certain newly enacted State policies, these
appointed statewide election administrators have been granted
wide latitude to suspend or remove local election
administrators in cases where the statewide election
administrators identify whatever the State deems to be a
violation. There is no requirement that there be a finding of
intent by the local election administrator to commit the
violation.
(12) Local election administrators across the country can
be suspended or removed according to different standards,
potentially exposing them to different political pressures or
biases that could result in uneven administration of Federal
elections.
(13) The Elections Clause grants Congress the ultimate
authority to ensure that oversight of State and local
election administrators is fair and impartial in order to
ensure equitable and uniform administration of Federal
elections.
(b) Restriction.--
(1) Standard for removal of a local election
administrator.--A statewide election administrator may only
suspend, remove, or relieve the duties of a local election
administrator in the State with respect to the administration
of an election for Federal office for inefficiency, neglect
of duty, or malfeasance in office.
(2) Private right of action.--
(A) In general.--Any local election administrator
suspended, removed, or otherwise relieved of duties in
violation of paragraph (1) with respect to the administration
of an election for Federal office or against whom any
proceeding for suspension, removal, or relief from duty in
violation of paragraph (1) with respect to the administration
of an election for Federal office may be pending, may bring
an action in an appropriate district court of the United
States for declaratory or injunctive relief with respect to
the violation. Any such action shall name as the defendant
the statewide election administrator responsible for the
adverse action. The district court shall, to the extent
practicable, expedite any such proceeding.
(B) Statute of limitations.--Any action brought under this
subsection must be commenced not later than one year after
the date of the suspension, removal, relief from duties, or
commencement of the proceeding to remove, suspend, or relieve
the duties of a local election administrator with respect to
the administration of an election for Federal office.
(3) Attorney's fees.--In any action or proceeding under
this subsection, the court may allow a prevailing plaintiff,
other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing plaintiff'' means a
plaintiff that substantially prevails pursuant to a judicial
or administrative judgment or order, or an enforceable
written agreement.
(4) Removal of state proceedings to federal court.--A local
election administrator who is subject to an administrative or
judicial proceeding for suspension, removal, or relief from
duty by a statewide election administrator with respect to
the administration of an election for Federal office may
remove the proceeding to an appropriate district court of the
United States. Any order remanding a case to the State court
or agency from which it was removed under this subsection
shall be reviewable by appeal or otherwise.
(5) Right of united states to intervene.--
(A) Notice to attorney general.--Whenever any
administrative or judicial proceeding is brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office, the statewide election administrator who initiated
such proceeding shall deliver a copy of the pleadings
instituting the proceeding to the Assistant Attorney General
for the Civil Rights Division of the Department of Justice.
The local election administrator against whom such proceeding
is brought may also deliver such pleadings to the Assistant
Attorney General.
(B) Right to intervene.--The United States may intervene in
any administrative or judicial proceeding brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office and in any action initiated pursuant to paragraph (2)
or in any removal pursuant to paragraph (4).
(6) Review.--In reviewing any action brought under this
section, a court of the United States shall not afford any
deference to any State official, administrator, or tribunal
that initiated, approved, adjudicated, or reviewed any
administrative or judicial proceeding to suspend, remove, or
otherwise relieve the duties of a local election
administrator.
(c) Reports to the Department of Justice.--
(1) In general.--Not later than 30 days after the
suspension, removal, or relief of the duties of a local
election administrator by a statewide election administrator,
the Statewide election administrator shall submit to the
Assistant Attorney General for the Civil Rights Divisions of
the Department of Justice a report that includes the
following information:
(A) A statement that a local election administrator was
suspended, removed, or relieved of their duties.
(B) Information on whether the local election administrator
was determined to be inefficient or to have engaged in
neglect of duty or malfeasance in office.
(C) A description of the effect that the suspension,
removal, or relief of the duties of the local election
administrator will have on--
(i) the administration of elections and voters in the
election jurisdictions for which the local election official
provided such duties; and
(ii) the administration of elections and voters in the
State at large.
(D) Demographic information about the local election
official suspended, removed, or relieved and the
jurisdictions for which such election official was providing
the duties suspended, removed, or relieved.
(E) Such other information as requested by the Assistant
Attorney General for the purposes of determining--
(i) whether such suspension, removal, or relief of duties
was based on unlawful discrimination; and
(ii) whether such suspension, removal, or relief of duties
was due to inefficiency, neglect of duty, or malfeasance in
office.
(2) Expedited reporting for actions within 30 days of an
election.--
(A) In general.--If a suspension, removal, or relief of
duties of a local administrator described in paragraph (1)
occurs during the period described in subparagraph (B), the
report required under paragraph (1) shall be submitted not
later than 48 hours after such suspension, removal, or relief
of duties.
(B) Period described.--The period described in this
subparagraph is any period which begins 60 days before the
date of an election for Federal office and which ends 60 days
after such election.
(d) Definitions.--In this section, the following
definitions apply:
(1) Election.--The term ``election'' has the meaning given
the term in section 301(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(1)).
(2) Federal office.--The term ``Federal office'' has the
meaning given the term in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
[[Page S4453]]
(3) Local election administrator.--The term ``local
election administrator'' means, with respect to a local
jurisdiction in a State, the individual or entity responsible
for the administration of elections for Federal office in the
local jurisdiction.
(4) Statewide election administrator.--The term ``statewide
election administrator'' means, with respect to a State--
(A) the individual or entity, including a State elections
board, responsible for the administration of elections for
Federal office in the State on a statewide basis; or
(B) a statewide legislative or executive entity with the
authority to suspend, remove, or relieve a local election
administrator.
(e) Rule of Construction.--Nothing in this section shall be
construed to grant any additional authority to remove a local
elections administrator beyond any authority provided under
the law of the State.
Subtitle B--Increased Protections for Election Workers
SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.
(a) In General.--Section 594 of title 18, United 6 States
Code, is amended--
(1) by striking ``Whoever intimidates'' and inserting the
following:
``(a) In General.--Whoever intimidates''; and
(2) by adding at the end the following new subsection:
``(b) Intimidation of Election Workers.--
``(1) In general.--Whoever intimidates, threatens, coerces,
or attempts to intimidate, threaten, coerce, any election
worker with intent to impede, intimidate, or interfere with
such election worker while engaged in the performance of
official duties, or with intent to retaliate against such
election worker on account of the performance of official
duties shall be fined under this title or imprisoned not more
than one year, or both
``(2) Election worker.--For purposes of paragraph (1), the
term `election worker' means any individual who is an
election official, poll worker, or an election volunteer in
connection with an election for a Federal office.''.
(b) Conforming Amendments.--
(1) The heading of section 594 of title 18, United States
Code, is amended by inserting ``and election workers'' after
``voters''.
(2) The item relating to section 594 in the table of
sections for chapter 29 of title 18, United States Code, is
amended by inserting ``and election workers'' after
``voters''.
SEC. 3102. PROTECTION OF ELECTION WORKERS.
(a) In General.--Section 594(b) of title 18, United States
Code, as amended by section 3101, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Prohibition on publication of personal information.--
Whoever knowingly makes restricted personal information about
an election worker, or a member of the immediate family of
that election worker, publicly available in connection with
such election worker's official duties--
``(A) with the intent to threaten, intimidate, or incite
the commission of a crime of violence against that election
worker, or a member of the immediate family of that election
worker; or
``(B) with the intent and knowledge that the restricted
personal information will be used to threaten, intimidate, or
facilitate the commission of a crime of violence against that
election worker, or a member of the immediate family of that
election worker,
shall be fined under this title, imprisoned not more than 1
year, or both.''.
(b) Definitions.--Paragraph (3) of section 594(b) of title
18, United States Code, as amended by section 3101 and
redesignated by subsection (a), is amended--
(1) by striking all that precedes ``term'' and inserting
the following:
``(3) Definitions.--For purposes of this subsection--
``(A) Election worker.--The''; and
(2) by adding at the end the following:
``(B) Other terms.--The terms `restricted personal
information', `crime of violence', and `immediate family'
have the respective meanings given such terms under section
119.''.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 3201. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and
Voter Intimidation Prevention Act of 2024''.
SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL
ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate or cause to be communicated information described
in subparagraph (B), or produce information described in
subparagraph (B) with the intent that such information be
communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (5); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate, or cause to be communicated, a materially false
statement about an endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Definition of `materially false'.--For purposes of
subparagraph (A), a statement about an endorsement is
`materially false' if, with respect to an upcoming election
described in paragraph (5)--
``(i) the statement states that a specifically named
person, political party, or organization has endorsed the
election of a specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or organization has
not endorsed the election of such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color
of law or otherwise, shall intentionally hinder, interfere
with, or prevent another person from voting, registering to
vote, or aiding another person to vote or register to vote in
an election described in paragraph (5), including by
operating a polling place or ballot box that falsely purports
to be an official location established for such an election
by a unit of government.
``(5) Election described.--An election described in this
paragraph is any general, primary, runoff, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and inserting the
following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, as amended by sections 3101 and 3102, is amended--
(A) in subsection (a), by striking ``at any election'' and
inserting ``at any general, primary, runoff, or special
election''; and
(B) by adding at the end the following new subsections:
``(c) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, within 60
days before an election described in subsection (f), by any
means, including by means of written, electronic, or
telephonic communications, to communicate or cause to be
communicated information described in subparagraph (B), or
produce information described in subparagraph (B) with the
intent that such information be communicated, if such
person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
subsection (f).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time or place of holding any election described
in subsection (e); or
[[Page S4454]]
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(d) Hindering, Interfering With, or Preventing Voting or
Registering to Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
voting, registering to vote, or aiding another person to vote
or register to vote in an election described in subsection
(f).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(e) Attempt.--Any person who attempts to commit any
offense described in subsection (c)(1) or (d)(1) shall be
subject to the same penalties as those prescribed for the
offense that the person attempted to commit.
``(f) Election Described.--An election described in this
subsection is any general, primary, runoff, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, Presidential elector, Senator, Member of the House
of Representatives, or Delegate or Resident Commissioner to
the Congress.''.
(2) Modifications to penalty for voter and election worker
intimidation.--Section 594(a) of title 18, United States
Code, as amended by this Act, is amended by striking ``fined
under this title or imprisoned not more than one year'' and
inserting ``fined not more than $100,000, imprisoned for not
more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.
SEC. 3203. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3)
of section 2004(b) of the Revised Statutes (52 U.S.C.
10101(b)), as added by section 3202(a), and if the Attorney
General determines that State and local election officials
have not taken adequate steps to promptly communicate
accurate information to correct the materially false
information, the Attorney General shall, pursuant to the
written procedures and standards under subsection (b),
communicate to the public, by any means, including by means
of written, electronic, or telephonic communications,
accurate information designed to correct the materially false
information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information necessary to correct
the materially false information that has been or is being
communicated; and
(iii) to the extent practicable, be by a means that the
Attorney General determines will reach the persons to whom
the materially false information has been or is being
communicated; and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining
before the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to carry out this subtitle.
SEC. 3204. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall
submit to Congress a report compiling all allegations
received by the Attorney General of deceptive practices
described in paragraphs (2), (3), and (4) of section 2004(b)
of the Revised Statutes (52 U.S.C. 10101(b)), as added by
section 3202(a), relating to the general election for Federal
office and any primary, runoff, or a special election for
Federal office held in the 2 years preceding the general
election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons toward whom
the alleged deceptive practice was directed;
(B) the status of the investigation of each allegation
described in subparagraph (A);
(C) a description of each corrective action taken by the
Attorney General under section 3203(a) in response to an
allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State, or
local agencies;
(E) to the extent information is available, a description
of any civil action instituted under section 2004(c)(2) of
the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by
section 3202(b), in connection with an allegation described
in subparagraph (A); and
(F) a description of any criminal prosecution instituted
under subsection (c) or (d) of section 594 of title 18,
United States Code, as amended by section 3202(c), in
connection with the receipt of an allegation described in
subparagraph (A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not include in
a report submitted under subsection (a) any information
protected from disclosure by rule 6(e) of the Federal Rules
of Criminal Procedure or any Federal criminal statute.
(B) Exclusion of certain other information.--The Attorney
General may determine that the following information shall
not be included in a report submitted under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing investigation.
(iii) Any information concerning a criminal or civil
proceeding conducted under seal.
(iv) Any other nonpublic information that the Attorney
General determines the disclosure of which could reasonably
be expected to infringe on the rights of any individual or
adversely affect the integrity of a pending or future
criminal investigation.
(c) Report Made Public.--On the date that the Attorney
General submits the report under subsection (a), the Attorney
General shall also make the report publicly available through
the internet and other appropriate means.
SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.
Subsection (c)(2) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(b)), as added by section 3202(b), is
amended--
(1) by striking ``Any person'' and inserting the following:
``(A) In general.--Any person''; and
(2) by adding at the end the following new subparagraph:
``(B) Intimidation, etc.--
``(i) In general.--A person aggrieved by a violation of
subsection (b)(1) shall include, without limitation, an
officer responsible for maintaining order and preventing
intimidation, threats, or coercion in or around a location at
which voters may cast their votes. .
``(ii) Corrective action.--If the Attorney General receives
a credible report that conduct that violates or would be
reasonably likely to violate subsection (b)(1) has occurred
or is likely to occur, and if the Attorney General determines
that State and local officials have not taken adequate steps
to promptly communicate that such conduct would violate
subsection (b)(1) or applicable State or local laws, the
Attorney General shall communicate to the public, by any
means, including by means of written, electronic, or
telephonic communications, accurate information designed to
convey the unlawfulness of proscribed conduct under
subsection (b)(1) and the responsibilities of and resources
available to State and local officials to prevent or correct
such violations.''.
SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVASS, AND
CERTIFICATION EFFORTS A CRIME.
Section 12(1) of the National Voter Registration Act (52
U.S.C. 20511) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or tabulating,
canvassing, or certifying voting results; or''.
Subtitle D--Protection of Election Records & Election Infrastructure
SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION
RECORDS.
(a) Finding of Constitutional Authority.--Congress finds as
follows:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner
[[Page S4455]]
of Federal elections under the Elections Clause under article
I, section 4, clause 1 of the Constitution, including by
establishing standards for the fair, impartial, and uniform
administration of Federal elections by State and local
officials.
(2) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879),
allowing Congress to implement ``a complete code for
congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366
(1932).
(3) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government'', Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting
. . . and the election itself from corruption or fraud'', id.
at 661-62.
(4) The Elections Clause thus grants Congress the authority
to strengthen the protections for Federal election records.
(5) Congress has intervened in the electoral process to
protect the health and legitimacy of federal elections,
including for example, Congress' enactment of the Help
America Vote Act of 2002 as a response to several issues that
occurred during the 2000 Presidential election. See ``The
Elections Clause: Constitutional Interpretation and
Congressional Exercise'', Hearing Before Comm. on House
Administration, 117th Cong. (2021), written testimony of Vice
Dean Franita Tolson at 3.
(b) Strengthening of Protections.--Section 301 of the Civil
Rights Act of 1960 (52 U.S.C. 20701) is amended--
(1) by striking ``Every officer'' and inserting the
following:
``(a) In General.--Every officer'';
(2) by striking ``records and papers'' and inserting
``records (including electronic records), papers, and
election equipment'' each place the term appears;
(3) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election
equipment'';
(4) by inserting ``(but only under the direct
administrative supervision of an election officer).
Notwithstanding any other provision of this section, the
paper record of a voter's cast ballot shall remain the
official record of the cast ballot for purposes of this
title'' after ``upon such custodian'';
(5) by inserting ``, or acts in reckless disregard of,''
after ``fails to comply with''; and
(6) by inserting after subsection (a) the following:
``(b) Election Equipment.--The requirement in subsection
(a) to preserve election equipment shall not be construed to
prevent the reuse of such equipment in any election that
takes place within twenty-two months of a Federal election
described in subsection (a), provided that all electronic
records, files, and data from such equipment related to such
Federal election are retained and preserved.
``(c) Guidance.--Not later than 1 year after the date of
enactment of this subsection, the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, in consultation with the
Election Assistance Commission and the Attorney General,
shall issue guidance regarding compliance with subsections
(a) and (b), including minimum standards and best practices
for retaining and preserving records and papers in compliance
with subsection (a). Such guidance shall also include
protocols for enabling the observation of the preservation,
security, and transfer of records and papers described in
subsection (a) by the Attorney General and by a
representative of each party, as defined by the Attorney
General.''.
(c) Protecting the Integrity of Paper Ballots in Federal
Elections.--
(1) Protocols and conditions for inspection of ballots.--
Not later than 60 days after the date of the enactment of
this Act, the Attorney General, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security and the
Election Assistance Commission, shall promulgate regulations
establishing the election security protocols and conditions,
including appropriate chain of custody and proper
preservation practices, which will apply to the inspection of
the paper ballots which are required to be retained and
preserved under section 301 of the Civil Rights Act of 1960
(52 U.S.C. 20701).
(2) Cause of action for injunctive and declaratory
relief.--The Attorney General may bring an action in an
appropriate district court of the United States for such
declaratory or injunctive relief as may be necessary to
ensure compliance with the regulations promulgated under
subsection (a).
SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE;
JURISDICTION.
(a) Expansion of Scope of Penalties for Interference.--
Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702)
is amended--
(1) by inserting ``, or whose reckless disregard of section
301 results in the theft, destruction, concealment,
mutilation, or alteration of,'' after ``or alters''; and
(2) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election
equipment''.
(b) Inspection, Reproduction, and Copying.--Section 303 of
such Act (52 U.S.C. 20703) is amended by striking ``record or
paper'' each place it appears and inserting ``record
(including electronic record), paper, or election
equipment''.
(c) Nondisclosure.--Section 304 of such Act (52 U.S.C.
20704) is amended by striking ``record or paper'' and
inserting ``record (including electronic record), paper, or
election equipment''.
(d) Jurisdiction to Compel Production.--Section 305 of such
Act (52 U.S.C. 20705) is amended by striking ``record or
paper'' each place it appears and inserting ``record
(including electronic record), paper, or election
equipment''.
SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701
et seq.) is amended by adding at the end the following:
``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
``(a) Cause of Action.--The Attorney General, a
representative of the Attorney General, or a candidate in a
Federal election described in section 301 may bring an action
in the district court of the United States for the judicial
district in which a record or paper is located, or in the
United States District Court for the District of Columbia, to
compel compliance with the requirements of section 301.
``(b) Duty to Expedite.--It shall be the duty of the court
to advance on the docket, and to expedite to the greatest
possible extent the disposition of, the action and any appeal
under this section.''.
Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation
PART 1--RIGHT TO VOTE ACT
SEC. 3401. SHORT TITLE.
This part may be cited as the ``Right to Vote Act''.
SEC. 3402. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE PROHIBITED.
(a) In General.--Every citizen of legal voting age shall
have the right to vote and have one's vote counted in
elections for Federal office free from any burden on the
time, place, or manner of voting, as set forth in subsections
(b) and (c).
(b) Retrogression.--A government may not diminish the
ability to vote or to have one's vote counted in an election
for Federal office unless the law, rule, standard, practice,
procedure, or other governmental action causing the
diminishment is the least restrictive means of significantly
furthering an important, particularized government interest.
(c) Substantial Impairment.--
(1) In general.--A government may not substantially impair
the ability of an individual to vote or to have one's vote
counted in an election for Federal office unless the law,
rule, standard, practice, procedure, or other governmental
action causing the impairment significantly furthers an
important, particularized governmental interest.
(2) Substantial impairment.--For purposes of this section,
a substantial impairment is a non-trivial impairment that
makes it more difficult to vote or to have one's vote counted
than if the law, rule, standard, practice, procedure, or
other governmental action had not been adopted or
implemented. An impairment may be substantial even if the
voter or other similarly situated voters are able to vote or
to have one's vote counted notwithstanding the impairment.
SEC. 3403. JUDICIAL REVIEW.
(a) Civil Action.--An action challenging a violation of
this part may be brought by any aggrieved person or the
Attorney General in the district court for the District of
Columbia, or the district court for the district in which the
violation took place or where any defendant resides or does
business, at the selection of the plaintiff, to obtain all
appropriate relief, whether declaratory or injunctive, or
facial or as-applied. Process may be served in any district
where a defendant resides, does business, or may be found.
(b) Standards to Be Applied.--A courts adjudicating an
action brought under this part shall apply the following
standards:
(1) Retrogression.--
(A) A plaintiff establishes a prima facie case of
retrogression by demonstrating by a preponderance of the
evidence that a rule, standard, practice, procedure, or other
governmental action diminishes the ability, or otherwise
makes it more difficult, to vote, or have one's vote counted.
(B) If a plaintiff establishes a prima facie case as
described in subparagraph (A), the government shall be
provided an opportunity to demonstrate by clear and
convincing evidence that the diminishment is necessary to
significantly further an important, particularized
governmental interest.
(C) If the government meets its burden under subparagraph
(B), the challenged rule, standard, practice, procedure, or
other governmental action shall nonetheless be deemed invalid
if the plaintiff demonstrates by a preponderance of the
evidence that the government could adopt or implement a less-
restrictive means of furthering the particularized important
governmental interest.
(2) Substantial impairment.--
(A) A plaintiff establishes a prima facie case of
substantial impairment by demonstrating by a preponderance of
the evidence that a rule, standard, practice, procedure, or
other governmental action is a non-trivial impairment of the
ability to vote or to have one's vote counted.
(B) If a plaintiff establishes a prima facie case as
described in subparagraph (A), the government shall be
provided an opportunity to demonstrate by clear and
convincing evidence that the impairment significantly
furthers an important, particularized governmental interest.
[[Page S4456]]
(c) Duty to Expedite.--It shall be the duty of the court to
advance on the docket and to expedite to the greatest
reasonable extent the disposition of the action and appeal
under this section.
(d) Attorney's Fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended--
(1) by striking ``or section 40302'' and inserting
``section 40302''; and
(2) by striking ``, the court'' and inserting ``, or
section 3402(a) of the Freedom to Vote Act, the court''.
SEC. 3404. DEFINITIONS.
In this part--
(1) the term ``covered entity'' means the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands;
(2) the terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101);
(3) the term ``have one's vote counted'' means all actions
necessary to have a vote included in the appropriate totals
of votes cast with respect to candidates for public office
for which votes are received in an election and reflected in
the certified vote totals by any government responsible for
tallying or certifying the results of elections for Federal
office;
(4) the term ``government'' includes a branch, department,
agency, instrumentality, and official (or other person acting
under color of law) of the United States, of any State, of
any covered entity, or of any political subdivision of any
State or covered entity; and
(5) the term ``vote'' means all actions necessary to make a
vote effective, including registration or other action
required by law as a prerequisite to voting, casting a
ballot.
SEC. 3405. RULES OF CONSTRUCTION.
(a) Burdens Not Authorized.--Nothing in this part may be
construed to authorize a government to burden the right to
vote in elections for Federal office.
(b) Other Rights and Remedies.--Nothing in this part shall
be construed to alter any rights existing under a State
constitution or the Constitution of the United States, or to
limit any remedies for any other violations of Federal,
State, or local law.
(c) Other Provisions of This Act.--Nothing in this subtitle
shall be construed as affecting section 1703 of this Act
(relating to rights of citizens).
(d) Other Definitions.--The definitions set forth in
section 3404 shall apply only to this part and shall not be
construed to amend or interpret any other provision of law.
SEC. 3406. SEVERABILITY.
If any provision of this part or the application of such
provision to any citizen or circumstance is held to be
unconstitutional, the remainder of this part and the
application of the provisions of such to any citizen or
circumstance shall not be affected thereby.
SEC. 3407. EFFECTIVE DATE.
(a) Actions Brought for Retrogression.--Subsection (b) of
section 3402 shall apply to any law, rule, standard,
practice, procedure, or other governmental action that was
not in effect during the November 2022 general election for
Federal office but that will be in effect with respect to
elections for Federal office occurring on or after January 1,
2024, even if such law, rule, standard, practice, procedure,
or other governmental action is already in effect as of the
date of the enactment of this Act.
(b) Actions Brought for Substantial Impairment.--Subsection
(c) of section 3402 shall apply to any law, rule, standard,
practice, procedure, or other governmental action in effect
with respect to elections for Federal office occurring on or
after January 1, 2024.
PART 2--CLARIFYING JURISDICTION OVER ELECTION DISPUTES
SEC. 3411. FINDINGS.
In addition to providing for the statutory rights described
in part 1, including judicial review under section 3403,
Congress makes the following findings regarding enforcement
of constitutional provisions protecting the right to vote:
(1) It is a priority of Congress to ensure that pending and
future disputes arising under the Fifteenth Amendment or any
other constitutional provisions protecting the right to vote
may be heard in Federal court.
(2) The Fifth Circuit has misconstrued section 1344 of
title 28, United States Code, to deprive Federal courts of
subject matter jurisdiction in certain classes of cases that
implicate voters' constitutional rights, see, e.g., Keyes v.
Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct.
434 (2018); Johnson v. Stevenson, 170 F.2d 108 (5th Cir.
1948).
(3) Section 1344 of such title is also superfluous in light
of other broad grants of Federal jurisdiction. See, e.g.,
section 1331, section 1343(a)(3), and section 1343(a)(4) of
title 28, United States Code.
(4) Congress therefore finds that a repeal of section 1344
is appropriate and that such repeal will ensure that Federal
courts nationwide are empowered to enforce voters'
constitutional rights in Federal elections and State
legislative elections.
SEC. 3412. CLARIFYING AUTHORITY OF UNITED STATES DISTRICT
COURTS TO HEAR CASES.
(a) In General.--Section 1344 of title 28, United States
Code, is repealed.
(b) Continuing Authority of Courts to Hear Cases Under
Other Existing Authority.--Nothing in this part may be
construed to affect the authority of district courts of the
United States to exercise jurisdiction pursuant to existing
provisions of law, including sections 1331, 1343(a)(3), and
1343(a)(4) of title 28, United States Code, in any cases
arising under the Constitution, laws, or treaties of the
United States concerning the administration, conduct, or
results of an election for Federal office or state
legislative office.
(c) Clerical Amendment.--The table of sections for chapter
85 of title 28, United States Code, is amended by striking
the item relating to section 1344.
SEC. 3413. EFFECTIVE DATE.
This part and the amendments made by this part shall apply
to actions brought on or after the date of the enactment of
this Act and to actions brought before the date of enactment
of this Act which are pending as of such date.
Subtitle F--Poll Worker Recruitment and Training
SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND
TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations provided to carry out
this section, make a grant to each eligible State for
recruiting and training individuals to serve as poll workers
on dates of elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker
recruiting, training, and retention as an interactive
training tool, and shall develop training programs with the
participation and input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for
the payment to the Commission at such time and in such manner
and containing such information as the Commission shall
require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought;
(B) provide assurances that the funds provided under this
section will be used to supplement and not supplant other
funds used to carry out the activities;
(C) provide assurances that the State will furnish the
Commission with information on the number of individuals who
served as poll workers after recruitment and training with
the funds provided under this section;
(D) provide assurances that the State will dedicate poll
worker recruitment efforts with respect to--
(i) youth and minors, including by recruiting at
institutions of higher education and secondary education; and
(ii) diversity, including with respect to race, ethnicity,
and disability; and
(E) provide such additional information and certifications
as the Commission determines to be essential to ensure
compliance with the requirements of this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants to
States under this section; and
(B) the voting age population percentage for the State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as determined
on the basis of the most recent information available from
the Bureau of the Census); and
(B) the total voting age population of all States (as
determined on the basis of the most recent information
available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants
made under this section and the activities carried out by
recipients with the grants, and shall include in the report
such
[[Page S4457]]
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than
3 percent shall be available for administrative expenses of
the Commission.
SEC. 3502. STATE DEFINED.
In this subtitle, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
Subtitle G--Preventing Poll Observer Interference
SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. VOTER PROTECTION REQUIREMENTS.
``(a) Requirements for Challenges by Persons Other Than
Election Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote
in an election for Federal office or to vote in an election
for Federal office unless that challenge is supported by
personal knowledge with respect to each individual challenged
regarding the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the
challenge is ineligible to register to vote or vote in that
election, except a challenge which is based on the race,
ethnicity, or national origin of the individual who is the
subject of the challenge may not be considered to have a good
faith factual basis for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to vote in
an election for Federal office on the date of the election on
grounds that could have been made in advance of such date; or
``(B) to challenge an individual's eligibility to register
to vote in an election for Federal office or to vote in an
election for Federal office less than 10 days before the
election unless the individual registered to vote less than
20 days before the election.
``(b) Buffer Rule.--
``(1) In general.--A person who is serving as a poll
observer with respect to an election for Federal office may
not come within 8 feet of--
``(A) a voter or ballot at a polling location during any
period of voting (including any period of early voting) in
such election; or
``(B) a ballot at any time during which the processing,
scanning, tabulating, canvassing, or certifying voting
results is occurring.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to limit the ability of a State or local
election official to require poll observers to maintain a
distance greater than 8 feet.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office occurring on and
after January 1, 2026.''.
(b) Conforming Amendment Relating to Voluntary Guidance.--
Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added
and redesignated by section 1101(b) and as amended by
sections 1102, 1103, 1104, and 1303, is amended by striking
``and 313'' and inserting ``313, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303 the following:
``Sec. 303A. Voter protection requirements.''.
Subtitle H--Preventing Restrictions on Food and Beverages
SEC. 3701. SHORT TITLE; FINDINGS.
(a) Short Title.--This subtitle may be cited as the
``Voters' Access to Water Act''.
(b) Findings.--Congress finds the following:
(1) States have a legitimate interest in prohibiting
electioneering at or near polling places, and each State has
some form of restriction on political activities near polling
places when voting is taking place.
(2) In recent elections, voters have waited in unacceptably
long lines to cast their ballot. During the 2018 midterm
election, more than 3,000,000 voters were made to wait longer
than the acceptable threshold for wait times set by the
Presidential Commission on Election Administration, including
many well-documented cases where voters were made to wait for
several hours. A disproportionate number of those who had to
wait long periods were Black or Latino voters, who were more
likely than White voters to wait in the longest lines on
Election Day.
(3) Allowing volunteers to donate food and water to all
people waiting in line at a polling place, regardless of the
voters' political preference and without engaging in
electioneering activities or partisan advocacy, helps ensure
Americans who face long lines at their polling place can
still exercise their Constitutional right to vote, without
risk of dehydration, inadequate food, discomfort, and risks
to health.
SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND
BEVERAGES AT POLLING STATIONS.
(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
section 1305(a), section 1606(a)(1), section 1607(a), and
section 1624(a) is amended--
(1) by redesignating sections 318 and 319 as sections 319
and 320, respectively; and
(2) by inserting after section 317 the following new
section:
``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF
FOOD AND BEVERAGES AT POLLING STATIONS.
``(a) Prohibition.--Subject to the exception in subsection
(b), a State may not impose any restriction on the donation
of food and nonalcoholic beverages to persons outside of the
entrance to the building where a polling place for a Federal
election is located, provided that such food and nonalcoholic
beverages are distributed without regard to the electoral
participation or political preferences of the recipients.
``(b) Exception.--A State may require persons distributing
food and nonalcoholic beverages outside the entrance to the
building where a polling place for a Federal election is
located to refrain from political or electioneering activity.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office occurring on and
after January 1, 2026.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102, 1103, 1104, 1303,
and 3601(b), is amended by striking ``and 303A'' and
inserting ``303A, and 317''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), section 1606(a)(3), section
1607(b), and section 1624(b) is amended--
(1) by redesignating the items relating to sections 318 and
319 as relating to sections 319 and 320, respectively; and
(2) by inserting after the item relating to section 317 the
following new item:
``Sec. 318. Prohibiting States from restricting donations of food and
beverages at polling stations.''.
Subtitle I--Establishing Duty to Report Foreign Election Interference
SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.
Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies,'' to hide, move, and
launder the dirty money derived from illicit activities such
as trafficking, bribery, exploitation, and embezzlement.
Ownership and control of the finances that run through shell
companies are obscured to regulators and law enforcement
because little information is required and collected when
establishing these entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Since the Supreme Court's decisions in Citizens United
v. Federal Election Commission, 558 U.S. 310 (2010),
billions of dollars have flowed into super PACs through LLCs
whose funders are anonymous or intentionally obscured.
Criminal investigations have uncovered LLCs that were used to
hide illegal campaign contributions from foreign criminal
fugitives, to advance international influence-buying schemes,
and to conceal contributions from donors who were already
under investigation for bribery and racketeering. Voters have
no way to know the true sources of the money being routed
through these LLCs to influence elections, including whether
any of the funds come from foreign or other illicit sources.
(4) Congress should curb the use of anonymous shell
companies for illicit purposes by requiring United States
companies to disclose their beneficial owners, strengthening
anti-money laundering and counter-terrorism finance laws.
(5) Congress should examine the money laundering and
terrorist financing risks in the real estate market,
including the role of anonymous parties, and review
legislation to address any vulnerabilities identified in this
sector.
(6) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anticorruption laws and regulations.
SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
[[Page S4458]]
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding
at the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation
and the Commission of the reportable foreign contact and
provide a summary of the circumstances with respect to such
reportable foreign contact. The Federal Bureau of
Investigation, not later than 1 week after receiving a
notification from a political committee under this paragraph,
shall submit to the political committee, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate
written or electronic confirmation of receipt of the
notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family member of a
candidate shall notify the treasurer or other designated
official of the principal campaign committee of such
candidate of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact; and
``(B) each official, employee, or agent of a political
committee shall notify the treasurer or other designated
official of the committee of the reportable foreign contact
and provide a summary of the circumstances with respect to
such reportable foreign contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign contact'
means any direct or indirect contact or communication that--
``(i) is between--
``(I) a candidate, an immediate family member of the
candidate, a political committee, or any official, employee,
or agent of such committee; and
``(II) an individual that the person described in subclause
(I) knows, has reason to know, or reasonably believes is a
covered foreign national; and
``(ii) the person described in clause (i)(I) knows, has
reason to know, or reasonably believes involves--
``(I) an offer or other proposal for a contribution,
donation, expenditure, disbursement, or solicitation
described in section 319; or
``(II) direct or indirect coordination or collaboration
with, or a direct or indirect offer or provision of
information or services to or from, a covered foreign
national in connection with an election.
``(B) Exceptions.--
``(i) Contacts in official capacity as elected official.--
The term `reportable foreign contact' shall not include any
contact or communication with a covered foreign national by
an elected official or an employee of an elected official
solely in an official capacity as such an official or
employee.
``(ii) Contacts for purposes of enabling observation of
elections by international observers.--The term `reportable
foreign contact' shall not include any contact or
communication with a covered foreign national by any person
which is made for purposes of enabling the observation of
elections in the United States by a foreign national or the
observation of elections outside of the United States by a
candidate, political committee, or any official, employee, or
agent of such committee.
``(iii) Exceptions not applicable if contacts or
communications involve prohibited disbursements.--A contact
or communication by an elected official or an employee of an
elected official shall not be considered to be made solely in
an official capacity for purposes of clause (i), and a
contact or communication shall not be considered to be made
for purposes of enabling the observation of elections for
purposes of clause (ii), if the contact or communication
involves a contribution, donation, expenditure, disbursement,
or solicitation described in section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the term `covered
foreign national' means--
``(I) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b)) that is a government of a foreign country or a
foreign political party;
``(II) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in subclause (I) or
of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign principal
described in subclause (I); or
``(III) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in subclause (I).
``(ii) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, subclause (II) of clause (i) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in subclause (I) of clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated official of
the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the nature of
any contribution, donation, expenditure, disbursement, or
solicitation involved and the nature of any activity
described in subsection (j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of
the enactment of this Act.
SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING
COMPLIANCE SYSTEM.
(a) In General.--Section 302 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding
at the end the following new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents
of such committee (and, in the case of an authorized
committee, the candidate and each immediate family member of
the candidate) to notify the treasurer or other appropriate
designated official of the committee of any reportable
foreign contact (as defined in section 304(j)) not later than
3 days after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides
for the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report filed
under section 304(a), the treasurer of each political
committee (other than an authorized committee) shall certify
that--
``(i) the committee has in place policies that meet the
requirements of paragraphs (1) and (2);
``(ii) the committee has designated an official to monitor
compliance with such policies; and
``(iii) not later than 1 week after the beginning of any
formal or informal affiliation with the committee, all
officials, employees, and agents of such committee will--
``(I) receive notice of such policies;
``(II) be informed of the prohibitions under section 319;
and
``(III) sign a certification affirming their understanding
of such policies and prohibitions.
``(B) Authorized committees.--With respect to an authorized
committee, the candidate shall make the certification
required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or
after the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act,
each political committee under the Federal Election Campaign
Act of 1971 shall file a certification with the Federal
Election Commission that the committee is in compliance with
the requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 3804. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end
the following new subparagraphs:
``(E) Any person who knowingly and willfully commits a
violation of subsection (j) or (b)(9) of section 304 or
section 302(j) shall be fined not more than $500,000,
imprisoned not more than 5 years, or both.
``(F) Any person who knowingly and willfully conceals or
destroys any materials relating to a reportable foreign
contact (as defined in section 304(j)) shall be fined not
more than $1,000,000, imprisoned not more than 5 years, or
both.''.
[[Page S4459]]
SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Federal Bureau of Investigation shall submit to the
congressional intelligence committees a report relating to
notifications received by the Federal Bureau of Investigation
under section 304(j)(1) of the Federal Election Campaign Act
of 1971 (as added by section 4902(a) of this division).
(b) Elements.--Each report under subsection (a) shall
include, at a minimum, the following with respect to
notifications described in subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
has the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 3806. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this
subtitle shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a national of
the United States, as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent residence, as
defined by section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
SEC. 3901. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and
Increased Accessibility Act of 2024''.
SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as
follows:
``(2) Paper ballot requirement.--
``(A) Voter-verifiable paper ballots.--
``(i) The voting system shall require the use of an
individual, durable, voter-verifiable paper ballot of the
voter's vote selections that shall be marked by the voter and
presented to the voter for verification before the voter's
ballot is preserved in accordance with subparagraph (B), and
which shall be counted by hand or other counting device or
read by a ballot tabulation device. For purposes of this
subclause, the term `individual, durable, voter-verifiable
paper ballot' means a paper ballot marked by the voter by
hand or a paper ballot marked through the use of a
nontabulating ballot marking device or system, so long as the
voter shall have the option at every in-person voting
location to mark by hand a printed ballot that includes all
relevant contests and candidates.
``(ii) The voting system shall provide the voter with an
opportunity to correct any error on the paper ballot before
the permanent voter-verifiable paper ballot is preserved in
accordance with subparagraph (B).
``(iii) The voting system shall not preserve the voter-
verifiable paper ballots in any manner that makes it
possible, at any time after the ballot has been cast, to
associate a voter with the record of the voter's vote
selections.
``(iv) The voting system shall prevent, through mechanical
means or through independently verified protections, the
modification or addition of vote selections on a printed or
marked ballot at any time after the voter has been provided
an opportunity to correct errors on the ballot pursuant to
clause (ii).
``(B) Preservation as official record.--The individual,
durable, voter-verifiable paper ballot used in accordance
with subparagraph (A) shall constitute the official ballot
and shall be preserved and used as the official ballot for
purposes of any recount or audit conducted with respect to
any election for Federal office in which the voting system is
used.
``(C) Manual counting requirements for recounts and
audits.--
``(i) Each paper ballot used pursuant to subparagraph (A)
shall be suitable for a manual audit, and such ballots, or at
least those ballots the machine could not count, shall be
counted by hand in any recount or audit conducted with
respect to any election for Federal office.
``(ii) In the event of any inconsistencies or
irregularities between any electronic vote tallies and the
vote tallies determined by counting by hand the individual,
durable, voter-verifiable paper ballots used pursuant to
subparagraph (A), the individual, durable, voter-verifiable
paper ballots shall be the true and correct record of the
votes cast.
``(D) Sense of congress.--It is the sense of Congress that
as innovation occurs in the election infrastructure sector,
Congress should ensure that this Act and other Federal
requirements for voting systems are updated to keep pace with
best practices and recommendations for security and
accessibility.''.
(b) Conforming Amendment Clarifying Applicability of
Alternative Language Accessibility.--Section 301(a)(4) of
such Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be used under
paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Paragraph (3) of section 301(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is
amended to read as follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with disabilities,
including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as for other voters;
``(ii)(I) ensure that individuals with disabilities and
others are given an equivalent opportunity to vote, including
with privacy and independence, in a manner that produces a
voter-verifiable paper ballot; and
``(II) satisfy the requirement of clause (i) through the
use at in-person polling locations of a sufficient number
(not less than one) of voting systems equipped to serve
individuals with and without disabilities, including
nonvisual and enhanced visual accessibility for the blind and
visually impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity impaired; and
``(iii) if purchased with funds made available under title
II on or after January 1, 2007, meet the voting system
standards for disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting system may
meet the requirements of subparagraph (A)(i) and paragraph
(2) by--
``(i) allowing the voter to privately and independently
verify the permanent paper ballot through the presentation,
in accessible form, of the printed or marked vote selections
from the same printed or marked information that would be
used for any vote tabulation or auditing;
``(ii) allowing the voter to privately and independently
verify and cast the permanent paper ballot without requiring
the voter to manually handle the paper ballot;
``(iii) marking ballots that are identical in size, ink,
and paper stock to those ballots that would either be marked
by hand or be marked by a ballot marking device made
generally available to voters; or
``(iv) combining ballots produced by any ballot marking
devices reserved for individuals with disabilities with
ballots that have either been marked by voters by hand or
marked by ballot marking devices made generally available to
voters, in a way that prevents identification of the ballots
that were cast using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of subparagraph
(A)(ii)(II), the sufficient number of voting systems for any
in-person polling location shall be determined based on
guidance from the Attorney General, in consultation with the
Architectural and Transportation Barriers Compliance Board
established under section 502(a)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development
of Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new
section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.
``(a) Grants to Study and Report.--The Commission, in
coordination with the Access Board and the Cybersecurity and
Infrastructure Security Agency, shall make grants to not
fewer than 2 eligible entities to study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraph (1) and
(2).
[[Page S4460]]
``(b) Eligibility.--An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may require) an
application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January
1, 2028; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed
with the grants made under this section shall be treated as
non-proprietary and shall be made available to the public,
including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology
Improvements.--The Commission shall carry out this section so
that the activities carried out with the grants made under
subsection (a) are coordinated with the research conducted
under the grant program carried out by the Commission under
section 271, to the extent that the Commission determine
necessary to provide for the advancement of accessible voting
technology.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $10,000,000,
to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 247 as
relating to section 248; and
(B) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Study and report on accessible voting options.''.
(c) Clarification of Accessibility Standards Under
Voluntary Voting System Guidance.--In adopting any voluntary
guidance under subtitle B of title III of the Help America
Vote Act with respect to the accessibility of the paper
ballot verification requirements for individuals with
disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable
under the voluntary guidance adopted for accessible voting
systems under such subtitle.
(d) Permitting Use of Funds for Protection and Advocacy
Systems to Support Actions to Enforce Election-Related
Disability Access.--Section 292(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``;
except that'' and all that follows and inserting a period.
SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR
BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)) is amended by adding at the end the
following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verifiable paper ballots
required to be used under this Act shall be marked or printed
on durable paper.
``(ii) Definition.--For purposes of this Act, paper is
`durable' if it is capable of withstanding multiple counts
and recounts by hand without compromising the fundamental
integrity of the ballots, and capable of retaining the
information marked or printed on them for the full duration
of a retention and preservation period of 22 months.
``(B) Readability requirements for paper ballots marked by
ballot marking device.--All voter-verifiable paper ballots
completed by the voter through the use of a ballot marking
device shall be clearly readable by the voter without
assistance (other than eyeglasses or other personal vision
enhancing devices) and by a ballot tabulation device or other
device equipped for individuals with disabilities.''.
SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall
conduct a study of the best ways to design ballots used in
elections for public office, including paper ballots and
electronic or digital ballots, to minimize confusion and user
errors.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Election Assistance Commission
shall submit to Congress a report on the study conducted
under subsection (a).
SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)), as amended by section 3904, is further
amended by adding at the end the following new paragraphs:
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters at a polling place
(except as necessary for individuals with disabilities to use
ballot marking devices that meet the accessibility
requirements of paragraph (3)), or upon which votes are cast,
tabulated, or aggregated shall contain, use, or be accessible
by any wireless, power-line, or concealed communication
device.
``(9) Prohibiting connection of system to the internet.--No
system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters at a voting place, or upon which votes are
cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.''.
SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52
U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1,
2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the requirements of this section which are first
imposed on a State or jurisdiction pursuant to the amendments
made by the Voter Confidence and Increased Accessibility Act
of 2024 shall apply with respect to voting systems used for
any election for Federal office held in 2026 or any
succeeding year.
``(B) Special rule for jurisdictions using certain paper
record printers or certain systems using or producing voter-
verifiable paper records in 2024.--
``(i) In general.--In the case of a jurisdiction described
in clause (ii), the requirements of paragraphs (2)(A)(i) and
(7) of subsection (a) (as amended or added by the Voter
Confidence and Increased Accessibility Act of 2024) shall not
apply before the date on which the jurisdiction replaces the
printers or systems described in clause (ii)(I) for use in
the administration of elections for Federal office.
``(ii) Jurisdictions described.--A jurisdiction described
in this clause is a jurisdiction--
``(I) which used voter-verifiable paper record printers
attached to direct recording electronic voting machines, or
which used other voting systems that used or produced paper
records of the vote verifiable by voters but that are not in
compliance with paragraphs (2)(A)(i) and (7) of subsection
(a) (as amended or added by the Voter Confidence and
Increased Accessibility Act of 2024), for the administration
of the regularly scheduled general election for Federal
office held in November 2024; and
``(II) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before the applicable year.
``(iii) Mandatory availability of paper ballots at polling
places using grandfathered printers and systems.--
``(I) Requiring ballots to be offered and provided.--The
appropriate election official at each polling place that uses
a printer or system described in clause (ii)(I) for the
administration of elections for Federal office shall offer
each individual who is eligible to cast a vote in the
election at the polling place the opportunity to cast the
vote using a blank printed paper ballot which the individual
may mark by hand and which is not produced by the direct
recording electronic voting machine or other such system. The
official shall provide the individual with the ballot and the
supplies necessary to mark the ballot, and shall ensure (to
the greatest extent practicable) that the waiting period for
the individual to cast a vote is the lesser of 30 minutes or
the average waiting period for an individual who does not
agree to cast the vote using such a paper ballot under this
clause.
``(II) Treatment of ballot.--Any paper ballot which is cast
by an individual under this clause shall be counted and
otherwise treated as a regular ballot for all purposes
(including by incorporating it into the final unofficial vote
count (as defined by the State) for the precinct) and not as
a provisional ballot, unless the individual casting the
ballot would have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The appropriate election
official shall ensure there is prominently displayed at each
polling place a notice that describes the obligation of the
official to offer individuals the opportunity to cast votes
using a printed blank paper ballot. The notice shall comply
with the requirements of section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
``(IV) Training of election officials.--The chief State
election official shall ensure that election officials at
polling places in the State are aware of the requirements of
this clause, including the requirement to display a notice
under subclause (III), and are aware that it is a violation
of the requirements of this title for an election official to
fail to offer an individual the opportunity to cast a vote
using a blank printed paper ballot.
``(V) Period of applicability.--The requirements of this
clause apply only during the period beginning on January 1,
2026, and ending on the date on which the which the
jurisdiction replaces the printers or systems described in
clause (ii)(I) for use in the administration of elections for
Federal office.
``(C) Delay for certain jurisdictions using voting systems
with wireless communication devices or internet
connections.--
``(i) Delay.--In the case of a jurisdiction described in
clause (ii), subparagraph (A) shall apply to a voting system
in the jurisdiction as if the reference in such subparagraph
to `2026' were a reference to `the applicable year', but only
with respect to the following requirements of this section.
``(I) Paragraph (8) of subsection (a) (relating to
prohibition of wireless communication devices)
[[Page S4461]]
``(II) Paragraph (9) of subsection (a) (relating to
prohibition of connecting systems to the internet)
``(ii) Jurisdictions described.--A jurisdiction described
in this clause is a jurisdiction--
``(I) which used a voting system which is not in compliance
with paragraphs (8) or (9) of subsection (a) (as amended or
added by the Voter Confidence and Increased Accessibility Act
of 2024) for the administration of the regularly scheduled
general election for Federal office held in November 2022;
``(II) which was not able, to all extent practicable, to
comply with paragraph (8) and (9) of subsection (a) before
January 1, 2026; and
``(III) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before the applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as provided in subclause (II),
the term `applicable year' means 2030.
``(II) Extension.--If a State or jurisdiction certifies to
the Commission not later than January 1, 2030, that the State
or jurisdiction will not meet the requirements described in
subclauses (I) and (II) of clause (i) by such date because it
would be impractical to do so and includes in the
certification the reasons for the failure to meet the
deadline, the term `applicable year' means 2034.''.
SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.
(a) Availability of Grants.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1302(c), is amended by adding at the end the
following new part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT
VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM
SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) which does not meet the requirements which are first
imposed on the State pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of 2024 with
a voting system which--
``(I) does meet such requirements; and
``(II) in the case of a grandfathered voting system (as
defined in paragraph (2)), is in compliance with the most
recent voluntary voting system guidelines; or
``(ii) which does meet such requirements but which is not
in compliance with the most recent voluntary voting system
guidelines with another system which does meet such
requirements and is in compliance with such guidelines;
``(B) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general election for Federal office held in
November 2026 and each succeeding election for Federal
office;
``(C) to implement and model best practices for ballot
design, ballot instructions, and the testing of ballots; and
``(D) to purchase or acquire accessible voting systems that
meet the requirements of paragraph (2) and paragraph
(3)(A)(i) of section 301(a) by the means described in
paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum
payment amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the aggregate
amount made available for payments under this section; and
``(B) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands, one-tenth of 1
percent of such aggregate amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph
is the product of--
``(A) the aggregate amount made available for payments
under this section minus the total of all of the minimum
payment amounts determined under paragraph (2); and
``(B) the voting age population proportion for the State
(as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as reported
in the most recent decennial census); and
``(B) the total voting age population of all States (as
reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10
percent of funds received by the State under this section to
purchase accessible voting systems described in subsection
(a)(1)(D).
``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure (as defined in section
3908(b) of the Voter Confidence and Increased Accessibility
Act of 2024) which is carried out by a provider of
cybersecurity services under a contract entered into between
the chief State election official and the provider.
``(4) The maintenance of infrastructure used for elections,
including addressing risks and vulnerabilities which are
identified under either of the security risk and
vulnerability assessments described in paragraph (3), except
that none of the funds provided under this part may be used
to renovate or replace a building or facility which is not a
primary provider of information technology services for the
administration of elections, and which is used primarily for
purposes other than the administration of elections for
public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure (as so defined) or designates as critical to
the operation of the State's election infrastructure (as so
defined).
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors
Described.--For purposes of this part, a `qualified election
infrastructure vendor' is any person who provides, supports,
or maintains, or who seeks to provide, support, or maintain,
election infrastructure (as defined in section 3908(b) of the
Voter Confidence and Increased Accessibility Act of 2024) on
behalf of a State, unit of local government, or election
agency (as defined in section 3908(b) of such Act) who meets
the criteria described in section 3908(b) of such Act.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if
the State submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
298A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year,
the Commission shall submit a report to the Committees on
Homeland Security, House Administration, and the Judiciary of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs, the Judiciary, and Rules
and Administration of the Senate, on the activities carried
out with the funds provided under this part.
``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated for grants under this part--
``(1) $2,400,000,000 for fiscal year 2026; and
``(2) $175,000,000 for each of the fiscal years 2028, 2030,
2032, and 2034.
``(b) Continuing Availability of Amounts.--Any amounts
appropriated pursuant to the authorization of this section
shall remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1402(c), is amended by adding at the
end of the items relating to subtitle D of title II the
following:
``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
``Sec. 298. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chair, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 298A
of the Help America Vote Act of 2002 (as added by this Act).
[[Page S4462]]
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or permanent
resident of the United States or a member of the Five Eyes
intelligence-sharing alliance; and
(ii) in the case of any election infrastructure which is a
voting machine, ensure that such voting machine is assembled
in the United States.
(B) The vendor shall disclose to the Secretary and the
Chair, and to the chief State election official of any State
to which the vendor provides any goods and services with
funds provided under part 8 of subtitle D of title II of the
Help America Vote Act of 2002 (as added by this Act), of any
sourcing outside the United States for parts of the election
infrastructure.
(C) The vendor shall disclose to the Secretary and the
Chair, and to the chief State election official of any State
to which the vendor provides any goods and services with
funds provided under such part 8, the identification of any
entity or individual with a more than 5 percent ownership
interest in the vendor.
(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the cybersecurity best practices
issued by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is consistent with
the cybersecurity best practices issued by the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the supply chain best practices
issued by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
(G) The vendor agrees to ensure that it has personnel
policies and practices in place that are consistent with
personnel best practices, including cybersecurity training
and background checks, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with data integrity best practices,
including requirements for encrypted transfers and
validation, testing and checking printed materials for
accuracy, and disclosure of quality control incidents, issued
by the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(I) The vendor agrees to meet the requirements of paragraph
(3) with respect to any known or suspected cybersecurity
incidents involving any of the goods and services provided by
the vendor pursuant to a grant under part 8 of subtitle D of
title II of the Help America Vote Act of 2002 (as added by
this Act).
(J) The vendor agrees to permit independent security
testing by the Election Assistance Commission (in accordance
with section 231(a) of the Help America Vote Act of 2002 (52
U.S.C. 20971)) and by the Secretary of the goods and services
provided by the vendor pursuant to a grant under part 8 of
subtitle D of title II of the Help America Vote Act of 2002
(as added by this Act).
(3) Cybersecurity incident reporting requirements.--
(A) In general.--A vendor meets the requirements of this
paragraph if, upon becoming aware of the possibility that an
election cybersecurity incident has occurred involving any of
the goods and services provided by the vendor pursuant to a
grant under part 8 of subtitle D of title II of the Help
America Vote Act of 2002 (as added by this Act)--
(i) the vendor promptly assesses whether or not such an
incident occurred, and submits a notification meeting the
requirements of subparagraph (B) to the Secretary and the
Chair of the assessment as soon as practicable (but in no
case later than 3 days after the vendor first becomes aware
of the possibility that the incident occurred);
(ii) if the incident involves goods or services provided to
an election agency, the vendor submits a notification meeting
the requirements of subparagraph (B) to the agency as soon as
practicable (but in no case later than 3 days after the
vendor first becomes aware of the possibility that the
incident occurred), and cooperates with the agency in
providing any other necessary notifications relating to the
incident; and
(iii) the vendor provides all necessary updates to any
notification submitted under clause (i) or clause (ii).
(B) Contents of notifications.--Each notification submitted
under clause (i) or clause (ii) of subparagraph (A) shall
contain the following information with respect to any
election cybersecurity incident covered by the notification:
(i) The date, time, and time zone when the election
cybersecurity incident began, if known.
(ii) The date, time, and time zone when the election
cybersecurity incident was detected.
(iii) The date, time, and duration of the election
cybersecurity incident.
(iv) The circumstances of the election cybersecurity
incident, including the specific election infrastructure
systems believed to have been accessed and information
acquired, if any.
(v) Any planned and implemented technical measures to
respond to and recover from the incident.
(vi) In the case of any notification which is an update to
a prior notification, any additional material information
relating to the incident, including technical data, as it
becomes available.
(C) Development of criteria for reporting.--Not later than
1 year after the date of enactment of this Act, the Director
of the Cybersecurity and Infrastructure Security Agency
shall, in consultation with the Election Infrastructure
Sector Coordinating Council, develop criteria for incidents
which are required to be reported in accordance with
subparagraph (A).
(4) Definitions.--In this subsection:
(A) Chair.--The term ``Chair'' means the Chair of the
Election Assistance Commission.
(B) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to
be responsible for coordination of the State's
responsibilities under such Act.
(C) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(D) Election infrastructure.--The term ``election
infrastructure'' means storage facilities, polling places,
and centralized vote tabulation locations used to support the
administration of elections for public office, as well as
related information and communications technology, including
voter registration databases, voting machines, electronic
mail and other communications systems (including electronic
mail and other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election process, and
report and display election results), and other systems used
to manage the election process and to report and display
election results on behalf of an election agency.
(E) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(F) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
Subtitle K--Provisional Ballots
SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY
STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is
amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Counting of Provisional Ballots.--
``(1) In general.--
``(A) For purposes of subsection (a)(4), if a provisional
ballot is cast within the same county in which the voter is
registered or otherwise eligible to vote, then
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the county, the appropriate
election official of the jurisdiction in which the individual
is registered or otherwise eligible to vote shall count each
vote on such ballot for each election in which the individual
who cast such ballot is eligible to vote.
``(B) In addition to the requirements under subsection (a),
for each State or political subdivision that provides voters
provisional ballots, challenge ballots, or affidavit ballots
under the State's applicable law governing the voting
processes for those voters whose eligibility to vote is
determined to be uncertain by election officials, election
officials shall--
``(i) provide clear written instructions indicating the
reason the voter was given a provisional ballot, the
information or documents the voter needs to prove
eligibility, the location at which the voter must appear to
submit these materials or alternative methods, including
email or facsimile, that the voter may use to submit these
materials, and the deadline for submitting these materials;
``(ii) provide a verbal translation of any written
instructions to the voter if necessary;
``(iii) permit any voter who votes provisionally at any
polling place on Indian lands to appear at any polling place
or at a central location for the election board to submit the
documentation or information to prove eligibility; and
``(iv) notify the voter as to whether the voter's
provisional ballot was counted or rejected and provide the
reason for rejection if the voter's provisional ballot was
rejected after the voter provided the required information or
documentation on eligibility.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit a State or jurisdiction from counting a
provisional ballot which is cast in a different county within
the State than the county in which the voter is registered or
otherwise eligible to vote.
``(f) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a
[[Page S4463]]
condition of accepting and counting a provisional ballot
submitted by any individual with respect to an election for
Federal office unless the State meets the due process
requirements described in paragraph (2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the individual's
signature on the provisional ballot with the individual's
signature on the official list of registered voters in the
State or another official record or other document used by
the State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a provisional ballot
and the appropriate State or local election official
determines that a discrepancy exists between the signature on
such ballot and the signature of such individual on the
official list of registered voters in the State or other
official record or document used by the State to verify the
signatures of voters, such election official, prior to making
a final determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(I) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(II) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and
``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits a provisional ballot
without a signature or submits a provisional ballot with
another defect which, if left uncured, would cause the ballot
to not be counted, the appropriate State or local election
official, prior to making a final determination as to the
validity of the ballot, shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--
``(I) the ballot did not include a signature or has some
other defect; and
``(II) if the individual does not provide the missing
signature or cure the other defect prior to the expiration of
the third day following the State's deadline for receiving
mail-in ballots or absentee ballots, such ballot will not be
counted; and
``(ii) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual provides the
official with the missing signature on a form proscribed by
the State or cures the other defect.
``(C) Other requirements.--
``(i) In general.--An election official may not make a
determination that a discrepancy exists between the signature
on a provisional ballot and the signature of the individual
on the official list of registered voters in the State or
other official record or other document used by the State to
verify the signatures of voters unless--
``(I) at least 2 election officials make the determination;
``(II) each official who makes the determination has
received training in procedures used to verify signatures;
and
``(III) of the officials who make the determination, at
least one is affiliated with the political party whose
candidate received the most votes in the most recent
statewide election for Federal office held in the State and
at least one is affiliated with the political party whose
candidate received the second most votes in the most recent
statewide election for Federal office held in the State.
``(ii) Exception.--Clause (i)(III) shall not apply to any
State in which, under a law that is in effect continuously on
and after the date of enactment of this section,
determinations regarding signature discrepancies are made by
election officials who are not affiliated with a political
party.
``(3) Report.--
``(A) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
shall submit to the Commission a report containing the
following information for the applicable Federal election
cycle in the State:
``(i) The number of provisional ballots invalidated due to
a discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
provisional ballots determined valid as a result of such
process.
``(B) Submission to congress.--Not later than 10 days after
receiving a report under subparagraph (A), the Commission
shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means, with
respect to any regularly scheduled election for Federal
office, the period beginning on the day after the date of the
preceding regularly scheduled general election for Federal
office and ending on the date of such regularly scheduled
general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2026.
``(g) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2026.
``(h) Additional Conditions Prohibited.--If an individual
in a State is eligible to cast a provisional ballot as
provided under this section, the State may not impose any
additional conditions or requirements (including conditions
or requirements regarding the timeframe in which a
provisional ballot may be cast) on the eligibility of the
individual to cast such provisional ballot.''.
(b) Conforming Amendment.--Section 302(h) of such Act (52
U.S.C. 21082(g)), as amended by section 1601(a) and
redesignated by subsection (a), is amended by striking
``subsection (d)(4)'' and inserting ``subsections (d)(4),
(e)(3), and (f)(2)''.
TITLE IV--VOTING SYSTEM SECURITY
SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section 3601,
is amended by inserting after section 303A the following new
section:
``SEC. 303B. POST-ELECTION AUDITS.
``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome is
not the correct outcome;
``(B) will not change the outcome if the reported outcome
is the correct outcome; and
``(C) involves a manual adjudication of voter intent from
some or all of the ballots validly cast in the election
contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported outcome' means
the outcome of an election contest which is determined
according to the canvass and which will become the official,
certified outcome unless it is revised by an audit, recount,
or other legal process.
``(B) Correct outcome.--The term `correct outcome' means
the outcome that would be determined by a manual adjudication
of voter intent for all votes validly cast in the election
contest.
``(C) Outcome.--The term `outcome' means the winner or set
of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from
electronic or mechanical tabulation devices, of the ballot
choices marked by voters on each voter-verifiable paper
record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of the voting
system used to tabulate votes;
``(B) functions as a sampling frame for conducting a post-
election audit; and
``(C) accounts for all ballots validly cast regardless of
how they were tabulated and includes a precise description of
the manner in which the ballots are physically stored,
including the total number of physical groups of ballots, the
numbering system for each group, a unique label for each
group, and the number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and jurisdiction shall
administer post-election audits of the results of all
election contests for Federal office held in the State in
accordance with the requirements of paragraph (2).
``(ii) Exception.--Clause (i) shall not apply to any
election contest for which the State or jurisdiction conducts
a full recount through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election audit
conducted under subparagraph (A) corrects the reported
outcome of an election contest, the State or jurisdiction
shall
[[Page S4464]]
use the results of the manual adjudication of voter intent
conducted as part of the post-election audit as the official
results of the election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years after the date of
the enactment of this section, the chief State election
official of the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and procedures
established under clause (i) shall include the following:
``(I) Rules and procedures for ensuring the security of
ballots and documenting that prescribed procedures were
followed.
``(II) Rules and procedures for ensuring the accuracy of
ballot manifests produced by jurisdictions.
``(III) Rules and procedures for governing the format of
ballot manifests and other data involved in post-election
audits.
``(IV) Methods to ensure that any cast vote records used in
a post-election audit are those used by the voting system to
tally the results of the election contest sent to the chief
State election official of the State and made public.
``(V) Rules and procedures for the random selection of
ballots to be inspected manually during each audit.
``(VI) Rules and procedures for the calculations and other
methods to be used in the audit and to determine whether and
when the audit of each election contest is complete.
``(VII) Rules and procedures for testing any software used
to conduct post-election audits.
``(B) Public report.--
``(i) In general.--After the completion of the post-
election audit and at least 5 days before the election
contest is certified by the State, the State shall make
public and submit to the Commission a report on the results
of the audit, together with such information as necessary to
confirm that the audit was conducted properly.
``(ii) Format of data.--All data published with the report
under clause (i) shall be published in machine-readable, open
data formats.
``(iii) Protection of anonymity of votes.--Information and
data published by the State under this subparagraph shall not
compromise the anonymity of votes.
``(iv) Report made available by commission.--After
receiving any report submitted under clause (i), the
Commission shall make such report available on its website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), each State and jurisdiction shall be required to
comply with the requirements of this subsection for the first
regularly scheduled election for Federal office occurring in
2034 and for each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph (C), if a
State certifies to the Election Assistance Commission not
later than the first regularly scheduled election for Federal
office occurring in 2034, that the State will not meet the
deadline described in subparagraph (A) because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such deadline, subparagraph
(A) and subsection (c)(2) shall be applied to the State by
substituting `2036' for `2034'.
``(C) Additional waiver period.--If a State certifies to
the Election Assistance Commission not later than the first
regularly scheduled election for Federal office occurring in
2036, that the State will not meet the deadline described in
subparagraph (A) (after application of subparagraph (B))
because it would be impracticable to do so and includes in
the certification the reasons for the failure to meet such
deadline, subparagraph (A) and subsection (c)(2) shall be
applied to the State by substituting `2038' for `2034'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled elections
for Federal office occurring in 2028 and 2030, each State
shall administer a post-election audit of the result of at
least one statewide election contest for Federal office held
in the State, or if no such statewide contest is on the
ballot, one election contest for Federal office chosen at
random.
``(B) Post-election audit defined.--In this subsection, the
term `post-election audit' means a post-election process that
involves a manual adjudication of voter intent from a sample
of ballots validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2030 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2034, each State shall administer
a post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if
no such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such
Act, as amended by section 3601, is amended by inserting
after the item relating to section 303A the following new
item:
``Sec. 303B. Post-election audits.''.
(c) Study on Post-election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory
committee to study post-election audits and establish best
practices for post-election audit methodologies and
procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint
individuals to the advisory committee and secure the
representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in election
security;
(C) individuals with experience and expertise in post-
election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
the purposes of this subsection.
SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland
Security Act of 2002 (6 U.S.C. 601(3)) is amended by
inserting ``, including election infrastructure'' before the
period at the end.
SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL
BOOKS AND REMOTE BALLOT MARKING SYSTEMS.
(a) Inclusion Under Voluntary Voting System Guidelines.--
Section 222 of the Help America Vote Act of 2002 (52 U.S.C.
20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f);
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission
shall adopt voluntary voting system guidelines that describe
functionality, accessibility, and security principles for the
design, development, and operation of voting systems,
electronic poll books, and remote ballot marking systems.'';
and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and
Remote Ballot Marking Systems.--
``(1) Adoption date.--The Commission shall adopt initial
voluntary voting system guidelines for electronic poll books
and remote ballot marking systems not later than 1 year after
the date of the enactment of the Freedom to Vote Act.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems
without modifying the most recently adopted voluntary voting
system guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Electronic poll book.--The term `electronic poll
book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the
software, firmware, and documentation required to program,
control, and support the equipment) that is used--
``(A) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(B) to identify registered voters who are eligible to
vote in an election.
``(2) Remote ballot marking system.--The term `remote
ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots outside of a
voting center or polling place; and
``(B) allows a voter to receive a blank ballot to mark
electronically, print, and then cast by returning the printed
ballot to the elections office or other designated
location.''.
(b) Providing for Certification of Electronic Poll Books
and Remote Ballot Marking System.--Section 231(a) of the Help
America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended, in
each of paragraphs (1) and (2), by inserting ``, electronic
poll books, and remote ballot marking systems'' after
``software''.
SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States to Submit Reports.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended by inserting after section 301 the following new
section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States to Submit Reports.--Not later than
120 days before the date of each regularly scheduled general
election for Federal office, the chief State election
official of a State shall submit a report to the Commission
containing a detailed voting system usage plan for each
jurisdiction in the State which will administer the election,
including a detailed plan for the usage of electronic poll
books and other equipment and components of such system. If a
jurisdiction acquires and implements a new voting system
within the 120 days before the date of the election, it shall
notify the chief State election official of the State, who
shall submit to the Commission in a timely manner an updated
report under the preceding sentence.
[[Page S4465]]
``(b) Effective Date.--Subsection (a) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding
regularly scheduled general election for Federal office''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
301 the following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED
STATES.
(a) Requirement.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904
and section 3906, is further amended by adding at the end the
following new paragraph:
``(10) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later than the
date of the regularly scheduled general election for Federal
office occurring in November 2028, each State shall seek to
ensure to the extent practicable that any voting machine used
in such election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the date of
the regularly scheduled general election for Federal office
occurring in November 2028, each State shall seek to ensure
that any voting machine purchased or acquired for such
election and in any subsequent election for Federal office is
assembled in the United States.
``(C) Software and code requirements.--By not later than
the date of the regularly scheduled general election for
Federal office occurring in November 2028, each State shall
seek to ensure that any software or code developed for any
voting system purchased or acquired for such election and in
any subsequent election for Federal office is developed and
stored in the United States.''.
(b) Conforming Amendment Relating to Effective Date.--
Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as
amended by section 3907, is amended by striking ``paragraph
(2)'' and inserting ``subsection (a)(10) and paragraph (2)''.
SEC. 4006. USE OF POLITICAL PARTY HEADQUARTERS BUILDING FUND
FOR TECHNOLOGY OR CYBERSECURITY-RELATED
PURPOSES.
(a) Permitting Use of Fund.--Section 315(a)(9)(B) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30116(a)(9)(B)) is amended by striking the period at the end
and inserting the following: ``, and to defray technology or
cybersecurity-related expenses.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to calendar year 2026 and each
succeeding calendar year.
SEC. 4007. SEVERABILITY.
If any provision of this title or any amendment made by
this title, or the application of any such provision or
amendment to any person or circumstance, is held to be
unconstitutional, the remainder of this title, and the
application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
SUBDIVISION 3--CIVIC PARTICIPATION AND EMPOWERMENT
TITLE V--NONPARTISAN REDISTRICTING REFORM
SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the
terms and conditions States must follow in carrying out
congressional redistricting after an apportionment of Members
of the House of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place,
and manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the 14th amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number;
(3) the authority granted to Congress under section 5 of
the 14th amendment to the Constitution gives Congress the
power to enact laws to enforce section 1 of such amendment,
including protections against excessive partisan
gerrymandering that Federal courts have not enforced because
they understand such enforcement to be committed to Congress
by the Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority;
and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties
by infringing on their First Amendment right to associate
freely and their Fourteenth Amendment right to equal
protection of the laws.
SEC. 5002. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this
title may not be redistricted again until after the next
apportionment of Representatives under section 22(a) of the
Act entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for an
apportionment of Representatives in Congress'', approved June
18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the
Constitution of the United States, the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), the terms or conditions of
this title, or applicable State law.
SEC. 5003. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans to Meet Criteria.--A State may not use
a congressional redistricting plan enacted following the
notice of apportionment transmitted to the President on April
26, 2021, or any subsequent notice of apportionment, if such
plan is not in compliance with this section, without regard
to whether or not the plan was enacted by the State before,
on, or after the effective date of this title.
(b) Ranked Criteria.--Under the redistricting plan of a
State, there shall be established single-member congressional
districts using the following criteria as set forth in the
following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they
substantially equalize total population, without regard to
age, citizenship status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups
protected by such Act are able to elect representatives of
choice in coalition with one another, and all applicable
Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the
practical ability of a group protected under the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate
in the political process and to nominate candidates and to
elect representatives of choice is not diluted or diminished,
regardless of whether or not such protected group constitutes
a majority of a district's population, voting age population,
or citizen voting age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to
nominate candidates and to elect representatives of choice
shall require the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in the
relevant geographic region.
(iii) If there is racially polarized voting in the relevant
geographic region, whether the preferred candidates of the
group nevertheless receive a sufficient amount of consistent
crossover support from other voters such that the group is a
functional majority with the ability to both nominate
candidates and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through
(3). A community of interest is defined as an area for which
the record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs,
including shared interests and representational needs rooted
in common ethnic, racial, economic, Indian, social, cultural,
geographic, or historic identities, or arising from similar
socioeconomic conditions. The term communities of interest
may, if the record warrants, include political subdivisions
such as counties, municipalities, Indian lands, or school
districts, but shall not include common relationships with
political parties or political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would
most benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially
favoring or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide general
elections for Federal office held over the 8 years preceding
the adoption of the redistricting plan setting forth the
probable electoral outcomes for the plan under a range of
reasonably foreseeable conditions.
(B) An analysis of whether the redistricting plan is
statistically likely to result in partisan advantage or
disadvantage on a statewide basis, the degree of any such
advantage or disadvantage, and whether such advantage or
disadvantage is likely to be
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present under a range of reasonably foreseeable electoral
conditions.
(C) A comparison of the modeled electoral outcomes for the
redistricting plan to the modeled electoral outcomes for
alternative plans that demonstrably comply with the
requirements of paragraphs (1), (2), and (3) of subsection
(b) in order to determine whether reasonable alternatives
exist that would result in materially lower levels of
partisan advantage or disadvantage on a statewide basis. For
purposes of this subparagraph, alternative plans considered
may include both actual plans proposed during the
redistricting process and other plans prepared for purposes
of comparison.
(D) Any other relevant information, including how broad
support for the redistricting plan was among members of the
entity responsible for developing and adopting the plan and
whether the processes leading to the development and adoption
of the plan were transparent and equally open to all members
of the entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under section
5006 in which a party asserts a claim that a State has
enacted a redistricting plan which is in violation of this
subsection, a party may file a motion not later than 30 days
after the enactment of the plan (or, in the case of a plan
enacted before the effective date of this Act, not later than
30 days after the effective date of this Act) requesting that
the court determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court shall
hold a hearing not later than 15 days after the date the
motion is filed to assess whether a presumption of such a
violation exists.
(B) Assessment.--To conduct the assessment required under
subparagraph (A), the court shall do the following:
(i) Determine the number of congressional districts under
the plan that would have been carried by each political
party's candidates for the office of President and the office
of Senator in the 2 most recent general elections for the
office of President and the 2 most recent general elections
for the office of Senator (other than special general
elections) immediately preceding the enactment of the plan,
except that if a State conducts a primary election for the
office of Senator which is open to candidates of all
political parties, the primary election shall be used instead
of the general election and the number of districts carried
by a party's candidates for the office of Senator shall be
determined on the basis of the combined vote share of all
candidates in the election who are affiliated with such
party.
(ii) Determine, for each of the 4 elections assessed under
clause (i), whether the number of districts that would have
been carried by any party's candidate as determined under
clause (i) results in partisan advantage or disadvantage in
excess of the applicable threshold described in subparagraph
(C). The degree of partisan advantage or disadvantage shall
be determined by one or more standard quantitative measures
of partisan fairness that--
(I) use a party's share of the statewide vote to calculate
a corresponding benchmark share of seats; and
(II) measure the amount by which the share of seats the
party's candidate would have won in the election involved
exceeds the benchmark share of seats.
(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with respect to
a State and a number of seats, the greater of--
(i) an amount equal to 7 percent of the number of
congressional districts in the State; or
(ii) one congressional district.
(D) Description of quantitative measures; prohibiting
rounding.--In carrying out this subsection--
(i) the standard quantitative measures of partisan fairness
used by the court may include the simplified efficiency gap
but may not include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed to
violate paragraph (1) if, on the basis of at least one
standard quantitative measure of partisan fairness, it
exceeds the applicable threshold described in subparagraph
(C) with respect to 2 or more of the 4 elections assessed
under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this paragraph,
the following rules shall apply:
(i) Upon filing of a motion under subparagraph (A), a
State's use of the plan which is the subject of the motion
shall be automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the court rules that
the plan is presumed under subparagraph (E) to violate
paragraph (1), a State may not use such plan until and unless
the court which is carrying out the determination of the
effect of the plan under paragraph (2) determines that,
notwithstanding the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of a
presumption of a violation with respect to a redistricting
plan as determined under this paragraph shall not affect the
determination of the effect or intent of the plan under this
section.
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or
disfavor a political party, including evidence of the
partisan effects of a plan, the degree of support the plan
received from members of the entity responsible for
developing and adopting the plan, and whether the processes
leading to development and adoption of the plan were
transparent and equally open to all members of the entity and
to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the
criteria set forth in paragraphs (1), (2), or (3) of
subsection (b), unless one or more alternative plans could
have complied with such paragraphs without having the effect
of materially favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing
the redistricting plan for the State, the State may not take
into consideration any of the following factors, except as
necessary to comply with the criteria described in paragraphs
(1) through (3) of subsection (b), to achieve partisan
fairness and comply with subsection (b), and to enable the
redistricting plan to be measured against the external
metrics described in section 5004(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon
criteria, districting principles, or other policies of the
State which are not set forth in this section to justify non-
compliance with the requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise,
responsible for enacting the congressional redistricting plan
of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the notice
of apportionment transmitted to the President on April 26,
2021, regardless of the date of enactment by the State of the
congressional redistricting plan.
(g) Severability of Criteria.--If any provision of this
section, or the application of any such provision to any
person or circumstance, is held to be unconstitutional, the
remainder of this section, and the application of such
provision to any other person or circumstance, shall not be
affected by the holding.
SEC. 5004. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public Internet
site which is not affiliated with or maintained by the office
of any elected official and which includes the following
features:
(i) All proposed redistricting plans and the final
redistricting plan, including the accompanying written
evaluation under subsection (c).
(ii) All comments received from the public submitted under
paragraph (1).
(iii) Access in an easily usable format to the demographic
and other data used by the entity to develop and analyze the
proposed redistricting plans, together with any reports
analyzing and evaluating such plans and access to software
that members of the public may use to draw maps of proposed
districts.
(iv) A method by which members of the public may submit
comments directly to the entity.
(B) Searchable format.--The entity shall ensure that all
information posted and maintained on the site under this
paragraph, including information and proposed maps submitted
by the public, shall be maintained in an easily searchable
format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the
State (or any jurisdiction in the State) is required to
provide election materials under section 203 of the Voting
Rights Act of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and streamed
live on the public Internet site maintained under subsection
(a)(2);
(B) be sufficient in number, scheduled at times and places,
and noticed and conducted in a manner to ensure that all
members of the public, including members of racial, ethnic,
and language minorities protected under the Voting Rights Act
of 1965, have a meaningful opportunity to attend and provide
input both before and after the entity releases proposed
plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans,
[[Page S4467]]
and the data needed to analyze such plans for compliance with
the criteria of this title available for public review,
including on the public Internet site required under
subsection (a)(2), for a period of not less than 5 days
before any vote or hearing is held on any such plan or any
amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External
Metrics Required Prior to Vote.--The entity responsible for
developing and adopting the congressional redistricting plan
for a State may not hold a vote on a proposed redistricting
plan, including a vote in a committee, unless at least 48
hours prior to holding the vote the State has released a
written evaluation that measures each such plan against
external metrics which cover the criteria set forth in
section 5003(b), including the impact of the plan on the
ability of members of a class of citizens protected by the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect
candidates of choice, the degree to which the plan preserves
or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of
section 5003(b) and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan
for a State shall make all public comments received about
potential plans, including alternative plans, available to
the public on the Internet site required under subsection
(a)(2), at no cost, not later than 24 hours prior to holding
a vote on final adoption of a plan.
SEC. 5005. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including any
extension to the deadline provided in accordance with State
law;
(B) February 15 of the year in which regularly scheduled
general elections for Federal office are held in the State;
or
(C) 90 days before the date of the next regularly scheduled
primary election for Federal office held in the State.
(2) Special rule for plans enacted prior to effective date
of title.--If a State enacted a final congressional
redistricting plan prior to the effective date of this title
and the plan is not in compliance with the requirements of
this title, the State shall enact a final redistricting plan
which is in compliance with the requirements of this title
not later than 45 days after the effective date of this
title.
(b) Development of Plan by Court in Case of Missed
Deadline.--If a State has not enacted a final congressional
redistricting plan by the applicable deadline under
subsection (a), or it appears reasonably likely that a State
will fail to enact a final congressional redistricting plan
by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District
of Columbia or the judicial district in which the capital of
the State is located, as selected by the first party to file
with the court sufficient evidence that a State has failed
to, or is reasonably likely to fail to, enact a final
redistricting plan for the State prior to the expiration of
the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have
applied, as the case may be) to the development of a plan by
the State under section 5003.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be heard and
present testimony, including expert testimony, in accordance
with the rules of the court; and
(B) consider other submissions and comments by the public,
including proposals for redistricting plans to cover the
entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under
this section, the court may appoint a special master to make
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans,
the court shall make the plans available to the public at no
cost, and shall also make available the underlying data used
to develop the plans and a written evaluation of the plans
against external metrics (as described in section 5004(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and
comments by the public which are received during such period,
the court shall develop and publish the final redistricting
plan for the State.
(f) Use of Interim Plan.--In the event that the court is
not able to develop and publish a final redistricting plan
for the State with sufficient time for an upcoming election
to proceed, the court may develop and publish an interim
redistricting plan which shall serve as the redistricting
plan for the State until the court develops and publishes a
final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the
authority or discretion of the court to develop and publish
the final redistricting plan, including the discretion to
make any changes the court deems necessary to an interim
redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan
adopted by the court in accordance with this section shall be
governed by the appellate process in section 5006.
(h) Stay of State Proceedings.--The filing of an action
under this section shall act as a stay of any proceedings in
State court with respect to the State's congressional
redistricting plan unless otherwise ordered by the court.
SEC. 5006. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.
(2) Availability of private right of action.--
(A) In general.--Any person residing or domiciled in a
State who is aggrieved by the failure of the State to meet
the requirements of the Constitution or Federal law,
including this title, with respect to the State's
congressional redistricting, may bring a civil action in the
United States district court for the applicable venue for
such relief as may be appropriate to remedy the failure.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person who is
aggrieved by the failure of a State to meet the requirements
of section 5003(c) may include--
(i) any political party or committee in the State; and
(ii) any registered voter in the State who resides in a
congressional district that the voter alleges was drawn in a
manner that contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--Except for
an award of attorney's fees under subsection (d), a court in
a civil action under this section shall not award the
prevailing party any monetary damages, compensatory,
punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United
States District Court for the District of Columbia or for the
judicial district in which the capital of the State is
located, as selected by the person bringing the action. In a
civil action that includes a claim that a redistricting plan
is in violation of subsection (b) or (c) of section 5003, the
United States District Court for the District of Columbia
shall have jurisdiction over any defendant who has been
served in any United States judicial district in which the
defendant resides, is found, or has an agent, or in the
United States judicial district in which the capital of the
State is located. Process may be served in any United States
judicial district where a defendant resides, is found, or has
an agent, or in the United States judicial district in which
the capital of the State is located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on
appeal by the United States Court of Appeals for the District
of Columbia Circuit, which shall hear the matter sitting en
banc. There shall be no right of appeal in such proceedings
to any other court of appeals. Such appeal shall be taken by
the filing of a notice of appeal within 10
[[Page S4468]]
days of the entry of the final decision. A final decision by
the Court of Appeals may be reviewed by the Supreme Court of
the United States by writ of certiorari.
(b) Expedited Consideration.--In any action brought under
this section, it shall be the duty of the district court, the
United States Court of Appeals for the District of Columbia
Circuit, and the Supreme Court of the United States (if it
chooses to hear the action) to advance on the docket and to
expedite to the greatest possible extent the disposition of
the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action under
this section finds that the congressional redistricting plan
of a State violates, in whole or in part, the requirements of
this title--
(i) the court shall adopt a replacement congressional
redistricting plan for the State in accordance with the
process set forth in section 5005; or
(ii) if circumstances warrant and no delay to an upcoming
regularly scheduled election for the House of Representatives
in the State would result, the district court, in its
discretion, may allow a State to develop and propose a
remedial congressional redistricting plan for review by the
court to determine whether the plan is in compliance with
this title, except that--
(I) the State may not develop and propose a remedial plan
under this clause if the court determines that the
congressional redistricting plan of the State was enacted
with discriminatory intent in violation of the Constitution
or section 5003(b); and
(II) nothing in this clause may be construed to permit a
State to use such a remedial plan which has not been approved
by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in whole or
in part, the requirements of this title, or to conduct an
election under terms and conditions which violate, in whole
or in part, the requirements of this title.
(C) Special rule in case final adjudication not expected
within 3 months of election.--
(i) Duty of court.--If final adjudication of an action
under this section is not reasonably expected to be completed
at least 3 months prior to the next regularly scheduled
primary election for the House of Representatives in the
State, the district court shall--
(I) develop, adopt, and order the use of an interim
congressional redistricting plan in accordance with section
5005(f) to address any claims under this title for which a
party seeking relief has demonstrated a substantial
likelihood of success; or
(II) order adjustments to the timing of primary elections
for the House of Representatives and other related deadlines,
as needed, to allow sufficient opportunity for adjudication
of the matter and adoption of a remedial or replacement plan
for use in the next regularly scheduled general elections for
the House of Representatives.
(ii) Prohibiting failure to act on grounds of pendency of
election.--The court may not refuse to take any action
described in clause (i) on the grounds of the pendency of the
next election held in the State or the potential for
disruption, confusion, or additional burdens with respect to
the administration of the election in the State.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
title, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except
upon an order holding, based on the record, that adoption of
such plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon consideration
of an appeal under this title, the Court of Appeals
determines that a plan does not comply with the requirements
of this title, it shall direct that the District Court
promptly develop a new remedial plan with assistance of a
special master for consideration by the Court of Appeals.
(B) Failure of district court to take timely action.--If,
at any point during the pendency of an action under this
section, the District Court fails to take action necessary to
permit resolution of the case prior to the next regularly
scheduled election for the House of Representatives in the
State or fails to grant the relief described in paragraph
(1)(C), any party may seek a writ of mandamus from the Court
of Appeals for the District of Columbia Circuit. The Court of
Appeals shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the Court
of Appeals determines that a writ should be granted, the
Court of Appeals shall take any action necessary, including
developing a congressional redistricting plan with assistance
of a special master to ensure that a remedial plan is adopted
in time for use in the next regularly scheduled election for
the House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any
claims or issues not addressed by the replacement plan,
including claims that the plan which is the subject of the
action was enacted, in whole or in part, with discriminatory
intent, or claims to consider whether relief should be
granted under section 3(c) of the Voting Rights Act of 1965
(52 U.S.C. 10302(c)) based on the plan which is the subject
of the action.
(d) Attorney's Fees.--In a civil action under this section,
the court may allow the prevailing party (other than the
United States) reasonable attorney fees, including litigation
expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this
section are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this
title shall supersede, restrict, or limit the application of
the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or
State may claim legislative privilege under either State or
Federal law in a civil action brought under this section or
in any other legal challenge, under either State or Federal
law, to a redistricting plan enacted under this title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district
courts of the United States have exclusive jurisdiction under
this title may be removed by any party in the case, including
an intervenor, by filing, in the district court for an
applicable venue under this section, a notice of removal
signed pursuant to Rule 11 of the Federal Rules of Civil
Procedure containing a short and plain statement of the
grounds for removal. Consent of parties shall not be required
for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the
State court from which the action was removed.
SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this title or in any amendment made by this
title may be construed to affect the manner in which a State
carries out elections for State or local office, including
the process by which a State establishes the districts used
in such elections.
SEC. 5008. EFFECTIVE DATE.
(a) In General.--This title and the amendments made by this
title shall apply on the date of enactment of this title.
(b) Application to Congressional Redistricting Plans
Resulting From 2020 Decennial Census.--Notwithstanding
subsection (a), this title and the amendments made by this
title, other than section 5004, shall apply with respect to
each congressional redistricting plan enacted pursuant to the
notice of apportionment transmitted to the President on April
26, 2021, without regard to whether or not a State enacted
such a plan prior to the date of the enactment of this Act.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Democracy Is
Strengthened by Casting Light On Spending in Elections Act of
2024'' or the ``DISCLOSE Act of 2024''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in U.S.
campaigns. To further these substantial interests, campaign
finance disclosure must be timely and complete, and must
disclose the true and original source of money given,
transferred, and spent to influence Federal elections.
Current law does not meet this objective because corporations
and other entities that the Supreme Court has permitted to
spend money to influence Federal elections are subject to few
if any transparency requirements.
(2) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1, (1976),
``disclosure requirements certainly in most applications
appear to be the least restrictive means of curbing the evils
of campaign ignorance and corruption that Congress found to
exist.'' Buckley, 424 U.S. at 68. In Citizens United v. FEC,
the Court reiterated that ``disclosure is a less restrictive
[[Page S4469]]
alternative to more comprehensive regulations of speech.''
558 U.S. 310, 369 (2010).
(3) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the
Court did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(4) Campaign finance disclosure is also essential to
enforce the Federal Election Campaign Act's prohibition on
contributions by and solicitations of foreign nationals. See
section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121).
(5) Congress should close loopholes allowing spending by
foreign nationals in domestic elections. For example, in
2021, the Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process, found reason to believe and
conciliated a matter where an experienced political
consultant knowingly and willfully violated Federal law by
soliciting a contribution from a foreign national by offering
to transmit a $2,000,000 contribution to a super PAC through
his company and two 501(c)(4) organizations, to conceal the
origin of the funds. This scheme was only unveiled after
appearing in a The Telegraph UK article and video capturing
the solicitation. See Conciliation Agreement, MURs 7165 &
7196 (Great America PAC, et al.), date June 28, 2021; Factual
and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated
Mar. 2, 2021.
PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 6003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN
TO CERTAIN DISBURSEMENTS AND ACTIVITIES.
Section 319(b) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section, the term'' and
inserting the following: ``Definitions.--For purposes of this
section--
``(1) Foreign national.--The term'';
(3) by moving paragraphs (1) and (2) two ems to the right
and redesignating them as subparagraphs (A) and (B),
respectively; and
(4) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement
to or on behalf of any account of a political committee which
is established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
SEC. 6004. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN
FEDERAL ELECTIONS.
(a) Study.--For each 4-year election cycle (beginning with
the 4-year election cycle ending in 2024), the Comptroller
General shall conduct a study on the incidence of illicit
foreign money in all elections for Federal office held during
the preceding 4-year election cycle, including what
information is known about the presence of such money in
elections for Federal office.
(b) Report.--
(1) In general.--Not later than the applicable date with
respect to any 4-year election cycle, the Comptroller General
shall submit to the appropriate congressional committees a
report on the study conducted under subsection (a).
(2) Matters included.--The report submitted under paragraph
(1) shall include a description of the extent to which
illicit foreign money was used to target particular groups,
including rural communities, African-American and other
minority communities, and military and veteran communities,
based on such targeting information as is available and
accessible to the Comptroller General.
(3) Applicable date.--For purposes of paragraph (1), the
term ``applicable date'' means--
(A) in the case of the 4-year election cycle ending in
2024, the date that is 1 year after the date of the enactment
of this Act; and
(B) in the case of any other 4-year election cycle, the
date that is 1 year after the date on which such 4-year
election cycle ends.
(c) Definitions.--As used in this section:
(1) 4-year election cycle.--The term ``4-year election
cycle'' means the 4-year period ending on the date of the
general election for the offices of President and Vice
President.
(2) Illicit foreign money.--The term ``illicit foreign
money'' means any contribution, donation, expenditure, or
disbursement by a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C.30121(b))) prohibited under such section.
(3) Election; federal office.--The terms ``election'' and
``Federal office'' have the meanings given such terms under
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on House Administration of the House of
Representatives;
(B) the Committee on Rules and Administration of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on the Judiciary of the Senate.
(d) Sunset.--This section shall not apply to any 4-year
election cycle beginning after the election for the offices
of President and Vice President in 2032.
SEC. 6005. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY
FOREIGN NATIONALS IN CONNECTION WITH BALLOT
INITIATIVES AND REFERENDA.
(a) In General.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by
section 6003, is amended by adding at the end the following
new paragraph:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national described in section
304(j)(3)(C); or
``(B) a foreign principal described in section 1(b)(2) or
1(b)(3) of the Foreign Agent Registration Act of 1938, as
amended (22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a
foreign principal under such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections held in 2026 or any
succeeding year.
SEC. 6006. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN
MONEY BAN.
(a) Disbursements Described.--Section 319(a)(1) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering communication
(within the meaning of section 304(f)(3));
``(F) a disbursement for a communication which is placed or
promoted for a fee on a website, web application, or digital
application that refers to a clearly identified candidate for
election for Federal office and is disseminated within 60
days before a general, special or runoff election for the
office sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a political
party that has authority to nominate a candidate for the
office sought by the candidate;
``(G) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a broadcast, cable or
satellite communication, or for a communication which is
placed or promoted for a fee on a website, web application,
or digital application, that promotes, supports, attacks or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether the
communication contains express advocacy or the functional
equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or satellite
communication, or for any communication which is placed or
promoted for a fee on an online platform (as defined in
section 304(k)(3)), that discusses a national legislative
issue of public importance in a year in which a regularly
scheduled general election for Federal office is held, but
only if the disbursement is made by a covered foreign
national described in section 304(j)(3)(C);
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any person
for internet activity that promotes, supports, attacks or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether the
activity contains express advocacy or the functional
equivalent of express advocacy); or
``(J) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a Federal judicial
nomination communication (as defined in section
324(g)(2));''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.
SEC. 6007. PROHIBITING ESTABLISHMENT OF CORPORATION TO
CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY
FOREIGN NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States
Code, as amended by section 2001(a), is amended by adding at
the end the following:
``Sec. 613. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company,
or other entity to establish or use the corporation, company,
or other entity with the intent to conceal an activity of a
foreign national (as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited
under such section 319.
``(b) Penalty.--Any person who violates subsection (a)
shall be imprisoned for not more than 5 years, fined under
this title, or both.''.
(b) Table of Sections.--The table of sections for chapter
29 of title 18, United States Code, as amended by section
2001(b), is amended by inserting after the item relating to
section 612 the following:
[[Page S4470]]
``613. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY
COVERED ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000
in an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under this
subsection, for the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the first such disclosure date) and
ending on the first such disclosure date; and
``(B) in the case of any subsequent statement filed under
this subsection, for the period beginning on the previous
disclosure date and ending on such disclosure date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and, in the
case of a covered organization that is a corporation (other
than a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d))) or an entity described in subsection (e)(2), a list
of the beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by name and current
residential or business street address; and
``(ii) if any beneficial owner exercises control over the
entity through another legal entity, such as a corporation,
partnership, limited liability company, or trust, identifies
each such other legal entity and each such beneficial owner
who will use that other entity to exercise control over the
entity.
``(B) The amount of each campaign-related disbursement made
by such organization during the period covered by the
statement of more than $1,000, and the name and address of
the person to whom the disbursement was made.
``(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the
campaign-related disbursement pertains and if the
disbursement is made for a public communication, the name of
any candidate identified in such communication and if such
communication is in support of or in opposition to the
identified candidate.
``(D) A certification by the chief executive officer or
person who is the head of the covered organization that the
campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion
of a candidate, authorized committee, or agent of a
candidate, political party, or agent of a political party.
``(E)(i) If the covered organization makes campaign-related
disbursements using exclusively funds in a campaign-related
disbursement segregated fund, for each payment made to the
account by a person other than the covered organization--
``(I) the name and address of each person who made such
payment to the account during the period covered by the
statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of $10,000 or
more during the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date.
``(ii) In any calendar year after 2026, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be calendar year
2026.
``(F)(i) If the covered organization makes campaign-related
disbursements using funds other than funds in a campaign-
related disbursement segregated fund, for each payment to the
covered organization--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate amount
of $10,000 or more during the period beginning on the first
day of the election reporting cycle (or, if earlier, the
period beginning one year before the disclosure date) and
ending on the disclosure date.
``(ii) In any calendar year after 2026, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be calendar year
2026.
``(G) Such other information as required in rules
established by the Commission to promote the purposes of this
section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of business.--The
requirement to include in a statement filed under paragraph
(1) the information described in paragraph (2) shall not
apply to amounts received by the covered organization in
commercial transactions in the ordinary course of any trade
or business conducted by the covered organization or in the
form of investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this subparagraph,
amounts received by a covered organization as remittances
from an employee to the employee's collective bargaining
representative shall be treated as amounts received in
commercial transactions in the ordinary course of the
business conducted by the covered organization.
``(B) Donor restriction on use of funds.--The requirement
to include in a statement submitted under paragraph (1) the
information described in subparagraph (F) of paragraph (2)
shall not apply if--
``(i) the person described in such subparagraph prohibited,
in writing, the use of the payment made by such person for
campaign-related disbursements; and
``(ii) the covered organization agreed to follow the
prohibition and deposited the payment in an account which is
segregated from a campaign-related disbursement segregated
fund and any other account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The requirement to
include any information relating to the name or address of
any person (other than a candidate) in a statement submitted
under paragraph (1) shall not apply if the inclusion of the
information would subject the person to serious threats,
harassment, or reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in clause (ii), the
term `beneficial owner' means, with respect to any entity, a
natural person who, directly or indirectly--
``(I) exercises substantial control over an entity through
ownership, voting rights, agreement, or otherwise; or
``(II) has a substantial interest in or receives
substantial economic benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial owner' shall not
include--
``(I) a minor child;
``(II) a person acting as a nominee, intermediary,
custodian, or agent on behalf of another person;
``(III) a person acting solely as an employee of an entity
and whose control over or economic benefits from the entity
derives solely from the employment status of the person;
``(IV) a person whose only interest in an entity is through
a right of inheritance, unless the person also meets the
requirements of clause (i); or
``(V) a creditor of an entity, unless the creditor also
meets the requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions under clause (ii)
shall not apply if used for the purpose of evading,
circumventing, or abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Campaign-related disbursement segregated fund.--The
term `campaign-related disbursement segregated fund' means a
segregated bank account consisting of funds that were paid
directly to such account by persons other than the covered
organization that controls the account.
``(C) Disclosure date.--The term `disclosure date' means--
``(i) the first date during any election reporting cycle by
which a person has made campaign-related disbursements
aggregating more than $10,000; and
``(ii) any other date during such election reporting cycle
by which a person has made campaign-related disbursements
aggregating more than $10,000 since the most recent
disclosure date for such election reporting cycle.
``(D) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on the
date of the most recent general election for Federal office.
``(E) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or other
payment.
``(b) Coordination With Other Provisions.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
[[Page S4471]]
``(c) Filing.--Statements required to be filed under
subsection (a) shall be subject to the requirements of
section 304(d) to the same extent and in the same manner as
if such reports had been required under subsection (c) or (g)
of section 304.
``(d) Campaign-related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly advocates
the election or defeat of a clearly identified candidate for
election for Federal office, or is the functional equivalent
of express advocacy because, when taken as a whole, it can be
interpreted by a reasonable person only as advocating the
election or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined in
section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that refers to
a clearly identified candidate for election for Federal
office and which promotes or supports the election of a
candidate for that office, or attacks or opposes the election
of a candidate for that office, without regard to whether the
communication expressly advocates a vote for or against a
candidate for that office.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(e) Covered Organization Defined.--In this section, the
term `covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such
Code (other than an organization described in section
501(c)(3) of such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political
committee under this Act (except as provided in paragraph
(6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act,
but only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the amounts be
used for--
``(i) campaign-related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(B) made such transfer or payment in response to a
solicitation or other request for a donation or payment for--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(C) engaged in discussions with the recipient of the
transfer or payment regarding--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) donating or transferring any amount of such transfer
or payment to another person for the purpose of making or
paying for such campaign-related disbursements; or
``(D) knew or had reason to know that the person receiving
the transfer or payment would make campaign-related
disbursements in an aggregate amount of $50,000 or more
during the 2-year period beginning on the date of the
transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization in a
commercial transaction in the ordinary course of any trade or
business conducted by the covered organization or in the form
of investments made by the covered organization.
``(B) A disbursement made by a covered organization if--
``(i) the covered organization prohibited, in writing, the
use of such disbursement for campaign-related disbursements;
and
``(ii) the recipient of the disbursement agreed to follow
the prohibition and deposited the disbursement in an account
which is segregated from a campaign-related disbursement
segregated fund and any other account used to make campaign-
related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one covered
organization to another covered organization which is treated
as a transfer between affiliates under subparagraph (C) shall
be considered a covered transfer by the covered organization
which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to
that same covered organization is equal to or greater than
$50,000.
``(B) Determination of amount of certain payments among
affiliates.--In determining the amount of a transfer between
affiliates for purposes of subparagraph (A), to the extent
that the transfer consists of funds attributable to dues,
fees, or assessments which are paid by individuals on a
regular, periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the transfer
shall be attributed to the individuals paying the dues, fees,
or assessments and shall not be attributed to the covered
organization.
``(C) Description of transfers between affiliates.--A
transfer of amounts from one covered organization to another
covered organization shall be treated as a transfer between
affiliates if--
``(i) one of the organizations is an affiliate of the other
organization; or
``(ii) each of the organizations is an affiliate of the
same organization,
except that the transfer shall not be treated as a transfer
between affiliates if one of the organizations is established
for the purpose of making campaign-related disbursements.
``(D) Determination of affiliate status.--For purposes of
subparagraph (C), a covered organization is an affiliate of
another covered organization if--
``(i) the governing instrument of the organization requires
it to be bound by decisions of the other organization;
``(ii) the governing board of the organization includes
persons who are specifically designated representatives of
the other organization or are members of the governing board,
officers, or paid executive staff members of the other
organization, or whose service on the governing board is
contingent upon the approval of the other organization; or
``(iii) the organization is chartered by the other
organization.
``(E) Coverage of transfers to affiliated section 501(c)(3)
organizations.--This paragraph shall apply with respect to an
amount transferred by a covered organization to an
organization described in paragraph (3) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code in the same manner as this
paragraph applies to an amount transferred by a covered
organization to another covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall
be construed to waive or otherwise affect any other
requirement of this Act which relates to the reporting of
campaign-related disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(c) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate regulations relating the application of the
exemption under section 324(a)(3)(C) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)). Such
regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1)
of such Act (as added by subsection (a)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION
DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of
actual bias--based on objective and reasonable perceptions--
when a person with a personal stake in a particular case had
a significant and disproportionate influence in placing the
judge on the case.'' ( Caperton v. A. T. Massey Coal Co., 556
U.S. 868, 884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that
corporations have too much power and influence in politics
and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity.
Super PACs can accept and spend unlimited contributions from
any non-foreign source. These groups can spend tens of
millions of dollars on political activities. Such dark
[[Page S4472]]
money groups spent an estimated $1,050,000,000 in the 2020
election cycle.
(5) Dark money is used to shape judicial decision-making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case
and provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the
people spending money supporting or opposing judicial
nominations have business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126), as amended by section
6011, is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for a
Federal judicial nomination communication shall be treated as
a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements which
are for Federal judicial nomination communications--
``(i) the dollar amounts in paragraphs (1) and (2) of
subsection (a) shall be applied separately with respect to
such disbursements and other campaign-related disbursements;
``(ii) the election reporting cycle shall be the calendar
year in which the disbursement for the Federal judicial
nomination communication is made;
``(iii) references to a candidate in subsections (a)(2)(C),
(a)(2)(D), and (a)(3)(C) shall be treated as references to a
nominee for a Federal judge or justice; and
``(iv) the reference to an election in subsection (a)(2)(C)
shall be treated as a reference to the nomination of such
nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial nomination
communication' means any communication--
``(i) that is by means of any broadcast, cable, or
satellite, paid internet, or paid digital communication, paid
promotion, newspaper, magazine, outdoor advertising facility,
mass mailing, telephone bank, telephone messaging effort of
more than 500 substantially similar calls or electronic
messages within a 30-day period, or any other form of general
public political advertising; and
``(ii) which promotes, supports, attacks, or opposes the
nomination or Senate confirmation of an individual as a
Federal judge or justice.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(C) Intent not required.--A disbursement for an item
described in subparagraph (A) shall be treated as a
disbursement for a Federal judicial nomination communication
regardless of the intent of the person making the
disbursement.''.
SEC. 6013. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes
Enforcement Network of the Department of the Treasury shall
provide the Federal Election Commission with such information
as necessary to assist in administering and enforcing section
324 of the Federal Election Campaign Act of 1971, as amended
by this part.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the
Financial Crimes Enforcement Network of the Department of the
Treasury, shall submit to Congress a report with
recommendations for providing further legislative authority
to assist in the administration and enforcement of such
section 324.
SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS
FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING
OF COVERED TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 6003,
is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement described
in section 324(a)(3)(A), to another person who made a
campaign-related disbursement consisting of a covered
transfer (as described in section 324) during the 2-year
period ending on the date of the disbursement.''.
SEC. 6015. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election
Commission should simplify the process for filing any
disclosure required under the provisions of, and amendments
made by, this part in order to ensure that such process is as
easy and accessible as possible.
SEC. 6016. EFFECTIVE DATE.
The amendments made by this part shall apply with respect
to disbursements made on or after January 1, 2026, and shall
take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out
such amendments.
PART 3--OTHER ADMINISTRATIVE REFORMS
SEC. 6021. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30107(a)(6)) is amended by inserting
``(including a proceeding before the Supreme Court on
certiorari)'' after ``appeal''.
SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN
FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting
after section 406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--If any action is brought for declaratory
or injunctive relief to challenge, whether facially or as-
applied, the constitutionality or lawfulness of any provision
of this Act, including title V, or of chapter 95 or 96 of the
Internal Revenue Code of 1986, or is brought to with respect
to any action of the Commission under chapter 95 or 96 of the
Internal Revenue Code of 1986, the following rules shall
apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal
from the decision of the district court may be taken to the
Court of Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals
for the District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at
the time of its commencement is not subject to subsection
(a), but an amendment, counterclaim, cross-claim, affirmative
defense, or any other pleading or motion is filed
challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95
or 96 of the Internal Revenue Code of 1986, or is brought to
with respect to any action of the Commission under chapter 95
or 96 of the Internal Revenue Code of 1986, the district
court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be
conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action
described in subsection (a) relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress) or Senate shall have the right to intervene either
in support of or opposition to the position of a party to the
case regarding the constitutionality of the provision. To
avoid duplication of efforts and reduce the burdens placed on
the parties to the action, the court in any such action may
make such orders as it considers necessary, including orders
to require interveners taking similar positions to file joint
papers or to be represented by a single attorney at oral
argument.
``(d) Challenge by Members of Congress.--Any Member of
Congress may bring an action, subject to the special rules
described in subsection (a), for declaratory or injunctive
relief to challenge, whether facially or as-applied, the
constitutionality of any provision of this Act or chapter 95
or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of
certifications, determinations, and actions by the Commission
under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by
the Commission under this
[[Page S4473]]
chapter, see section 407 of the Federal Election Campaign Act
of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
SEC. 6023. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect and
apply on the date of the enactment of this Act, without
regard to whether or not the Federal Election Commission has
promulgated regulations to carry out this subtitle and the
amendments made by this subtitle.
Subtitle B--Honest Ads
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 6102. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving
disclosure requirements for online political advertisements
in order to uphold the Supreme Court's well-established
standard that the electorate bears the right to be fully
informed.
SEC. 6103. FINDINGS.
Congress makes the following findings:
(1) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established
under the Act, noting that such requirements ``provide the
electorate with information and insure that the voters are
fully informed about the person or group who is speaking.''
The Court reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to studies from AdImpact and Borrell
Associates, in 2020, an estimated $1,700,000,000 was spent on
online political advertising, more than 10 times the amount
spent in 2012.
(4) In order to enhance transparency of all political
advertisement funding, it is prudent to extend to online
internet platforms the same types of political advertisement
disclosure requirements applicable to broadcast television
and radio stations, and providers of cable and satellite
television.
(5) Effective and complete transparency for voters must
include information about the true and original source of
money given, transferred, and spent on political
advertisements made online.
(6) Requiring the disclosure of this information is a
necessary and narrowly tailored means to inform the voting
public of who is behind digital advertising disseminated to
influence their votes and to enable the Federal Election
Commission and the Department of Justice to detect and
prosecute illegal foreign spending on local, State, and
Federal elections and other campaign finance violations.
(7) Paid advertising on large online platforms is different
from advertising placed on other common media in terms of the
comparatively low cost of reaching large numbers of people,
the availability of sophisticated microtargeting, and the
ease with which online advertisers, particularly those
located outside the United States, can evade disclosure
requirements. Requiring large online platforms to maintain
public files of information about the online political ads
they disseminate is the best and least restrictive means to
ensure the voting public has complete information about who
is trying to influence their votes and to aid enforcement of
other laws, including the prohibition on foreign money in
domestic campaigns.
(8) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
247,000,000 American users--over 153,000,000 of them on a
daily basis. By contrast, the largest cable television
provider has 16,142,000 subscribers, while the largest
satellite television provider has 13,300,000 subscribers. And
the most-watched television broadcast in United States
history had 118,000,000 viewers.
(9) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate
materially false, inflammatory, or contradictory messages to
the public. Social media platforms, in contrast, can target
portions of the electorate with direct, ephemeral
advertisements often on the basis of private information the
platform has on individuals, enabling political
advertisements that are contradictory, racially or socially
inflammatory, or materially false.
(10) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing
campaign finance regulations.
(11) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(12) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference
in the 2016 U.S. Election Volume 2: Russia's Use of Social
Media with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements
should apply online. This will also help to ensure that the
IRA or any similarly situated actors cannot use paid
advertisements for purposes of foreign interference.''.
(13) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found:
``Throughout the election cycle, Russia's online influence
actors sought to affect U.S. public perceptions of the
candidates, as well as advance Moscow's longstanding goals of
undermining confidence in US election processes and
increasing sociopolitical divisions among the American
people.'' The report also determined that Iran sought to
influence the election by ``creating and amplifying social
media content that criticized [candidates].''
(14) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad-buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight
or repercussions from the platforms.
(15) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese government and Chinese state-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese
propaganda.
(16) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have
not been taken by all platforms, have not been reliably
enforced, and are subject to immediate change at the
discretion of the platforms.
(17) The Federal Election Commission's current regulations
on political advertisements do not provide sufficient
transparency to uphold the public's right to be fully
informed about political advertisements made online.
SEC. 6104. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online
platforms in the lives of Americans, requires the Congress
and the Federal Election Commission to take meaningful action
to ensure that laws and regulations provide the
accountability and transparency that is fundamental to our
democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including
the prohibition on campaign spending by foreign nationals.
SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))
is amended by striking ``or satellite communication'' and
inserting ``satellite, paid internet, or paid digital
communication''.
(b) Treatment of Contributions and Expenditures.--Section
301 of such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station or any
print, online, or digital newspaper, magazine, publication,
periodical, blog, or platform, unless
[[Page S4474]]
such broadcasting, print, online, or digital facilities are
owned or controlled by any political party, political
committee, or candidate;''; and
(B) in clause (iv), by striking ``on broadcasting stations,
or in newspapers, magazines, or similar types of general
public political advertising'' and inserting ``in any public
communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a)
of section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``financing any
public communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated the final
regulations necessary to carry out this part and the
amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate regulations on what constitutes a paid
internet or paid digital communication for purposes of
paragraph (22) of section 301 of the Federal Election
Campaign Act of 1971(52 U.S.C. 30101(22)), as amended by
subsection (a), except that such regulation shall not define
a paid internet or paid digital communication to include
communications for which the only payment consists of
internal resources, such as employee compensation, of the
entity paying for the communication.
SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING
COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section 304(f)(3) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ``or satellite
communication'' each place it appears in clauses (i) and (ii)
and inserting ``satellite, or qualified internet or digital
communication''.
(B) Qualified internet or digital communication.--Paragraph
(3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is
amended by adding at the end the following new subparagraph:
``(D) Qualified internet or digital communication.--The
term `qualified internet or digital communication' means any
communication which is placed or promoted for a fee on an
online platform (as defined in subsection (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station or any online or digital
newspaper, magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or digital
facilities are owned or controlled by any political party,
political committee, or candidate;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to communications made on or after
January 1, 2026, and shall take effect without regard to
whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection
(a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make
a statement in a clear and conspicuous manner if it is
difficult to read or hear or if the placement is easily
overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated
through a medium in which the provision of all of the
information specified in this section is not possible, the
communication shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the information
required under this section with minimal effort and without
receiving or viewing any additional material other than such
required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the communication; and
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible
and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(i) is included at either the beginning or the end of the
communication; and
``(ii) is made both in--
``(I) a written format that meets the requirements of
subparagraph (A) and appears for at least 4 seconds; and
``(II) an audible format that meets the requirements of
subparagraph (B).
``(D) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in subparagraph (A),
(B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11,
Code of Federal Regulations, or any successor to such rules,
shall have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C.
30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through radio'' and
inserting ``which is in an audio format''; and
(B) by striking ``By radio'' in the heading and inserting
``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through television''
and inserting ``which is in video format''; and
(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or television''
and inserting ``made in audio or video format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to
carry out such amendments.
SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE
PLATFORMS.
(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
3802, is amended by adding at the end the following new
subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall maintain, and
make available for online public inspection in machine
readable format, a complete record of any qualified political
advertisement which is purchased by a person whose aggregate
purchases of qualified political advertisements on such
online platform during the calendar year exceeds $500.
``(ii) Requirement relating to political ads sold by third
party advertising vendors.--An online platform that displays
a qualified political advertisement sold by a third party
advertising vendor shall include on its own platform--
``(I) an easily accessible and identifiable link to the
records maintained by the third-party advertising vendor
under clause (i) regarding such qualified political
advertisement; or
``(II) in any case in which the third party advertising
vendor does not make such records available, a statement that
no records from the third party advertising vendors records
are available.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political advertisement on
an online platform shall provide the online platform with
such information as is necessary for the online platform to
comply with the requirements of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience that received the
advertisement, the number of views generated from the
advertisement, and
[[Page S4475]]
the date and time that the advertisement is first displayed
and last displayed; and
``(C) information regarding--
``(i) the total cost of the advertisement (which may be
rounded to the nearest $100);
``(ii) the name of the candidate to which the advertisement
refers and the office to which the candidate is seeking
election, the election to which the advertisement refers, or
the national legislative issue to which the advertisement
refers (as applicable);
``(iii) in the case of a request made by, or on behalf of,
a candidate, the name of the candidate, the authorized
committee of the candidate, and the treasurer of such
committee; and
``(iv) in the case of any request not described in clause
(iii), the name of the person purchasing the advertisement,
the name and address of a contact person for such person, and
a list of the chief executive officers or members of the
executive committee or of the board of directors of such
person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection, subject
to subparagraph (B), the term `online platform' means any
public-facing website, web application, or digital
application (including a social network, ad network, or
search engine) which--
``(i)(I) sells qualified political advertisements; and
``(II) has 50,000,000 or more unique monthly United States
visitors or users for a majority of months during the
preceding 12 months; or
``(ii) is a third-party advertising vendor that has
50,000,000 or more unique monthly United States visitors in
the aggregate on any advertisement space that it has sold or
bought for a majority of months during the preceding 12
months, as measured by an independent digital ratings service
accredited by the Media Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any online
platform that is a distribution facility of any broadcasting
station or newspaper, magazine, blog, publication, or
periodical.
``(C) Third-party advertising vendor defined.--For purposes
of this subsection, the term `third-party advertising vendor'
includes any third-party advertising vendor network,
advertising agency, advertiser, or third-party advertisement
serving company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search engines,
digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any political
matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no
material differences (such as versions that differ only
because they contain a recipient's name, or differ only in
size, color, font, or layout) may be treated as a single
qualified political advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with
the requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated the final
regulations necessary to carry out this part and the
amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of
the enactment of this Act, the Federal Election Commission
shall establish rules--
(1) for determining whether an advertisement communicates a
national legislative issue for purposes of section 304(k) of
the Federal Election Campaign Act of 1971 (as added by
subsection (a));
(2) requiring common data formats for the record required
to be maintained under such section 304(k) so that all online
platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(3) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of
the enactment of this Act, and biannually thereafter, the
Chairman of the Federal Election Commission shall submit a
report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES,
INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN
NATIONALS IN THE FORM OF ONLINE ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121) is amended by adding at the end the
following new subsection:
``(c) Responsibilities of Broadcast Stations, Providers of
Cable and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider,
or platform are not purchased by a foreign national, directly
or indirectly.
``(2) Regulations.-- Not later than 1 year after the date
of the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES
IDENTIFYING SPONSORS OF POLITICAL
ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE
TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED.
(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
3802 and section 6108(a), is amended by adding at the end the
following new subsection:
``(l) Ensuring Display and Sharing of Sponsor
Identification in Online Political Advertisements.--
``(1) Requirement.--Any online platform that displays a
qualified political advertisement (regardless of whether such
qualified political advertisement was purchased directly from
the online platform) shall--
``(A) display with the advertisement a visible notice
identifying the sponsor of the advertisement (or, if it is
not practical for the platform to display such a notice, a
notice that the advertisement is sponsored by a person other
than the platform); and
``(B) ensure that the notice will continue to be displayed
if a viewer of the advertisement shares the advertisement
with others on that platform.
``(2) Safe harbor.--An online platform shall not be treated
as having failed to comply with the requirements of paragraph
(1)(A) for the misidentification of a person as the sponsor
of a the advertisement if--
``(A) the person placing the online advertisement
designated the person displayed in the advertisement as the
sponsor; and
``(B) the online platform relied on such designation in
good faith.
``(3) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning given such
term in subsection (k)(3);
``(B) the term ``qualified political advertisement' has the
meaning given such term in subsection (k)(4); and
``(C) the term `sponsor' means the person purchasing the
advertisement.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to advertisements displayed on or
after the 120-day period which begins on the date of the
enactment of this Act and shall take effect without regard to
whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
Subtitle C--Spotlight Act
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``Spotlight Act''.
SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL
RETURNS OF CERTAIN ORGANIZATIONS.
(a) Repeal of Regulations.--The final regulations of the
Department of the Treasury relating to guidance under section
6033 regarding the reporting requirements of exempt
organizations (published at 85 Fed. Reg. 31959 (May 28,
2020)) shall have no force and effect.
(b) Inclusion of Contributor Information.--
(1) Social welfare organizations.--Section 6033(f)(1) of
the Internal Revenue Code of 1986 is amended by inserting
``(5),'' after ``paragraphs''.
(2) Labor organizations and business leagues.--Section 6033
of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the
following new subsection:
``(o) Additional Requirements for Organizations Described
in Subsections (c)(5) and (c)(6) of Section 501.--Every
organization which is described in paragraph (5) or (6) of
section 501(c) and which is subject to the requirements of
subsection (a) shall include on the return required under
subsection (a) the information referred to in subsection
(b)(5).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns required to be filed for taxable years
ending after the date of the enactment of this Act.
(c) Modification to Discretionary Exceptions.--Section
6033(a)(3)(B) of the Internal
[[Page S4476]]
Revenue Code of 1986 is amended to read as follows:
``(B) Discretionary exceptions.--
``(i) In general.--Paragraph (1) shall not apply to any
organization if the Secretary made a determination under this
subparagraph before July 16, 2018, that such filing is not
necessary to the efficient administration of the internal
revenue laws.
``(ii) Recommendations for other exceptions.--The Secretary
may recommend to Congress that Congress relieve any
organization required under paragraph (1) to file an
information return from filing such a return if the Secretary
determines that such filing does not advance a national
security, law enforcement, or tax administration purpose.''.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
SEC. 7001. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-
Candidate Coordination Act''.
SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED
EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section
301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than a
candidate, an authorized committee of a candidate, or a
political committee of a political party) for a coordinated
expenditure (as such term is defined in section 325) which is
not otherwise treated as a contribution under clause (i) or
clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et
seq.) is amended by adding at the end the following new
section:
``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (e), which is made in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate, an authorized committee of a
candidate, a political committee of a political party, or
agents of the candidate or committee, as defined in
subsection (b); or
``(B) any payment for any communication which republishes,
disseminates, or distributes, in whole or in part, any video
or broadcast or any written, graphic, or other form of
campaign material prepared by the candidate or committee or
by agents of the candidate or committee (including any
excerpt or use of any video from any such broadcast or
written, graphic, or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered
communication described in subsection (e)) shall not be
treated as a coordinated expenditure under this subsection
if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or
controlled by any political party, political committee, or
candidate; or
``(B) the communication constitutes a candidate debate or
forum conducted pursuant to regulations adopted by the
Commission pursuant to section 304(f)(3)(B)(iii), or which
solely promotes such a debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a
political party, or agents of the candidate or committee, if
the payment, or any communication for which the payment is
made, is not made entirely independently of the candidate,
committee, or agents. For purposes of the previous sentence,
a payment or communication not made entirely independently of
the candidate or committee includes any payment or
communication made pursuant to any general or particular
understanding with, or pursuant to any communication with,
the candidate, committee, or agents about the payment or
communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered
to be made by a person in cooperation, consultation, or
concert with, or at the request or suggestion of, a candidate
or committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any
agent of the candidate or committee, regarding the
candidate's or committee's campaign advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, or other campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination
of coordination between a candidate and a political committee
of a political party for purposes of section 315(d).
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection
(a)(1)(A), if the person who makes a payment for a covered
communication, as defined in subsection (e), is a coordinated
spender under paragraph (2) with respect to the candidate as
described in paragraph (2), the payment for the covered
communication is made in cooperation, consultation, or
concert with the candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with
respect to a candidate or an authorized committee of a
candidate, a person (other than a political committee of a
political party) for which any of the following applies:
``(A) During the 4-year period ending on the date on which
the person makes the payment, the person was directly or
indirectly formed or established by or at the request or
suggestion of, or with the encouragement of, the candidate
(including an individual who later becomes a candidate) or
committee or agents of the candidate or committee, including
with the approval of the candidate or committee or agents of
the candidate or committee.
``(B) The candidate or committee or any agent of the
candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising activity
on the person's behalf during the election cycle involved,
including by providing the person with names of potential
donors or other lists to be used by the person in engaging in
fundraising activity, regardless of whether the person pays
fair market value for the names or lists provided. For
purposes of this subparagraph, the term `election cycle'
means, with respect to an election for Federal office, the
period beginning on the day after the date of the most recent
general election for that office (or, if the general election
resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election).
``(C) The person is established, directed, or managed by
the candidate or committee or by any person who, during the
4-year period ending on the date on which the person makes
the payment, has been employed or retained as a political,
campaign media, or fundraising adviser or consultant for the
candidate or committee or for any other entity directly or
indirectly controlled by the candidate or committee, or has
held a formal position with the candidate or committee
(including a position as an employee of the office of the
candidate at any time the candidate held any Federal, State,
or local public office during the 4-year period).
``(D) The person has retained the professional services of
any person who, during the 2-year period ending on the date
on which the person makes the payment, has provided or is
providing professional services relating to the campaign to
the candidate or committee, unless the person providing the
professional services used a firewall or similar procedure in
accordance with subsection (d). For purposes of this
subparagraph, the term `professional services' includes any
services in support of the candidate's or committee's
campaign activities, including advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or managed by a
member of the immediate family of the candidate, or the
person or any officer or agent of the person has had more
than incidental discussions about the candidate's campaign
with a member of the immediate family of the candidate. For
purposes of this subparagraph, the term `immediate family'
has the meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Use of Firewall as Safe Harbor.--
``(1) No coordination if firewall applies.--A person shall
not be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or
suggestion of, a candidate or committee in accordance with
this section if the person established and used a firewall or
similar procedure to restrict the sharing of information
between individuals who are employed by or who are serving as
agents for the person making the payment, but only if the
firewall or similar procedures meet the requirements of
paragraph (2).
``(2) Requirements described.--The requirements described
in this paragraph with respect to a firewall or similar
procedure are as follows:
``(A) The firewall or procedure is designed and implemented
to prohibit the flow of information between employees and
consultants providing services for the person paying for the
communication and those employees or consultants providing,
or who previously provided, services to a candidate who is
clearly identified in the communication or an authorized
committee of the candidate, the candidate's opponent or an
authorized committee of the candidate's opponent, or a
committee of a political party.
[[Page S4477]]
``(B) The firewall or procedure must be described in a
written policy that is distributed, signed, and dated by all
relevant employees, consultants, and clients subject to the
policy.
``(C) The policy must be preserved and retained by the
person for at least 5 years following any termination or
cessation of representation by employees, consultants, and
clients who are subject to the policy.
``(D) The policy must prohibit any employees, consultants,
and clients who are subject to the policy from attending
meetings, trainings, or other discussions where nonpublic
plans, projects, activities, or needs of candidates for
election for Federal office or political committees are
discussed.
``(E) The policy must prohibit each owner of an
organization, and each executive, manager, and supervisor
within an organization, from simultaneously overseeing the
work of employees and consultants who are subject to the
firewall or procedure.
``(F) The policy must place restrictions on internal and
external communications, including by establishing separate
emailing lists, for employees, consultants, and clients who
are subject to the firewall or procedure and those who are
not subject to the firewall or procedure.
``(G) The policy must require the person to establish
separate files, including electronic file folders--
``(i) for employees, consultants, and clients who are
subject to the firewall or procedure and to prohibit access
to such files by employees, consultants, and clients who are
not subject to the firewall or procedure; and
``(ii) for employees, consultants, and clients who are not
subject to the firewall or procedure and to prohibit access
to such files by employees, consultants, and clients who are
subject to the firewall or procedure.
``(H) The person must conduct a training on the applicable
requirements and obligations of this Act and the policy for
all employees, consultants, and clients.
``(3) Exception if information is shared regardless of
firewall.--A person who established and used a firewall or
similar procedure which meets the requirements of paragraph
(2) shall be determined to have made a payment in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate or committee in accordance with
this section if specific information indicates that,
notwithstanding the establishment and use of the firewall or
similar procedure, information about the candidate's or
committee's campaign plans, projects, activities, or needs
that is material to the creation, production, or distribution
of the covered communication was used or conveyed to the
person paying for the communication.
``(4) Use as defense to enforcement action.--If, in a
procedure or action brought by the Commission under section
309, a person who is alleged to have committed a violation of
this Act which involves the making of a contribution which
consists of a payment for a coordinated expenditure raises
the use of a firewall or similar procedure as a defense, the
person shall provide the Commission with--
``(A) a copy of the signed and dated firewall or procedure
policy which applied to the person's employees, consultants,
or clients whose conduct is at issue in the procedure or
action; and
``(B) a sworn, written affidavit of the employees,
consultants, or clients who were subject to the policy that
the terms, conditions, and requirements of the policy were
met.
``(e) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public
communication (as defined in section 301(22)) which--
``(A) expressly advocates the election of the candidate or
the defeat of an opponent of the candidate (or contains the
functional equivalent of express advocacy);
``(B) promotes or supports the election of the candidate,
or attacks or opposes the election of an opponent of the
candidate (regardless of whether the communication expressly
advocates the election or defeat of a candidate or contains
the functional equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers to a
candidate in a general, special, or runoff election, the 120-
day period which ends on the date of the election; or
``(B) in the case of a communication which refers to a
candidate in a primary or preference election, or convention
or caucus of a political party that has authority to nominate
a candidate, the 60-day period which ends on the date of the
election or convention or caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(f) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act which involves
the making of a contribution which consists of a payment for
a coordinated expenditure shall be fined an amount equal to
the greater of--
``(A) in the case of a person who makes a contribution
which consists of a payment for a coordinated expenditure in
an amount exceeding the applicable contribution limit under
this Act, 300 percent of the amount by which the amount of
the payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited under this
Act from making a contribution in any amount, 300 percent of
the amount of the payment made by the person for the
coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior
to the expiration of the 1-year period which begins on the
date the Commission imposes the penalty or the 1-year period
which begins on the date of the final judgment following any
judicial review of the Commission's action, whichever is
later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which
begins on the date of the enactment of this Act--
(A) the regulations on coordinated communications adopted
by the Federal Election Commission which are in effect on the
date of the enactment of this Act (as set forth under the
heading ``Coordination'' in subpart C of part 109 of title
11, Code of Federal Regulations) are repealed; and
(B) the Federal Election Commission shall promulgate new
regulations on coordinated communications which reflect the
amendments made by this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not
the Federal Election Commission has promulgated regulations
in accordance with paragraph (1)(B) as of the expiration of
such period.
Subtitle B--Restoring Integrity to America's Elections
SEC. 7101. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 7102. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining
Whether Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2)(A) The general counsel, upon receiving a complaint
filed with the Commission under paragraph (1) or upon the
basis of information ascertained by the Commission in the
normal course of carrying out its supervisory
responsibilities, shall make a determination as to whether or
not there is reason to believe that a person has committed,
or is about to commit, a violation of this Act or chapter 95
or chapter 96 of the Internal Revenue Code of 1986, and as to
whether or not the Commission should either initiate an
investigation of the matter or that the complaint should be
dismissed. The general counsel shall promptly provide
notification to the Commission of such determination and the
reasons therefore, together with any written response
submitted under paragraph (1) by the person alleged to have
committed the violation. Upon the expiration of the 30-day
period which begins on the date the general counsel provides
such notification, the general counsel's determination shall
take effect, unless during such 30-day period the Commission,
by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel
that the Commission should investigate the matter takes
effect, or if the determination by the general counsel that
the complaint should be dismissed is overruled as provided
under the previous sentence, the general counsel shall
initiate an investigation of the matter on behalf of the
Commission.
``(B) If the Commission initiates an investigation pursuant
to subparagraph (A), the Commission, through the Chair, shall
notify the subject of the investigation of the alleged
violation. Such notification shall set forth the factual
basis for such alleged violation. The Commission shall make
an investigation of such alleged violation, which may include
a field investigation or audit, in accordance with the
provisions of this section. The general counsel shall provide
notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to
the investigation. Upon the expiration of the 15-day period
which begins on the date the general counsel provides such
notification, the general counsel may issue the subpoena or
conduct the discovery, unless during such 15-day period the
Commission, by vote of a majority of the members of the
Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the
discovery.
[[Page S4478]]
``(3)(A) Upon completion of an investigation under
paragraph (2), the general counsel shall make a determination
as to whether or not there is probable cause to believe that
a person has committed, or is about to commit, a violation of
this Act or chapter 95 or chapter 96 of the Internal Revenue
Code of 1986, and shall promptly submit such determination to
the Commission, and shall include with the determination a
brief stating the position of the general counsel on the
legal and factual issues of the case.
``(B) At the time the general counsel submits to the
Commission the determination under subparagraph (A), the
general counsel shall simultaneously notify the respondent of
such determination and the reasons therefore, shall provide
the respondent with an opportunity to submit a brief within
30 days stating the position of the respondent on the legal
and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly
submit such brief to the Commission upon receipt.
``(C) Upon the expiration of the 30-day period which begins
on the date the general counsel submits the determination to
the Commission under subparagraph (A) (or, if the respondent
submits a brief under subparagraph (B), upon the expiration
of the 30-day period which begins on the date the general
counsel submits the respondent's brief to the Commission
under such subparagraph), the general counsel's determination
shall take effect, unless during such 30-day period the
Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general
counsel's determination. If the determination by the general
counsel that there is probable cause to believe that a person
has committed, or is about to commit, a violation of this Act
or chapter 95 or chapter 96 of the Internal Revenue Code of
1986, or if the determination by the general counsel that
there is not probable cause that a person has committed or is
about to commit such a violation is overruled as provided
under the previous sentence, for purposes of this subsection,
the Commission shall be deemed to have determined that there
is probable cause that the person has committed or is about
to commit such a violation.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52
U.S.C. 30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the Commission''
and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as follows:
``Not later than 15 days after receiving notice from the
general counsel under the previous sentence, the person may
provide the general counsel with a written response that no
action should be taken against such person on the basis of
the complaint.''.
(b) Revision of Standard for Review of Dismissal of
Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the
Commission dismissing a complaint filed by such party may
file a petition with the United States District Court for the
District of Columbia. Any petition under this subparagraph
shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
dismissal of the complaint is contrary to law. In any matter
in which the penalty for the alleged violation is greater
than $50,000, the court should disregard any claim or defense
by the Commission of prosecutorial discretion as a basis for
dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the
Commission and who is aggrieved by a failure of the
Commission, within one year after the filing of the
complaint, to act on such complaint, may file a petition with
the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
failure to act on the complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may
declare that the dismissal of the complaint or the failure to
act is contrary to law, and may direct the Commission to
conform with such declaration within 30 days, failing which
the complainant may bring, in the name of such complainant, a
civil action to remedy the violation involved in the original
complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed by the
Federal Election Commission, with respect to complaints which
are dismissed on or after the date of the enactment of this
Act; and
(B) in the case of complaints upon which the Federal
Election Commission failed to act, with respect to complaints
which were filed on or after the date of the enactment of
this Act.
(c) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate new regulations on the enforcement process
under section 309 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109) to take into account the amendments
made by this section.
SEC. 7103. OFFICIAL EXERCISING THE RESPONSIBILITIES OF THE
GENERAL COUNSEL.
Section 306(f)(1) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end
the following new sentence: ``In the event of a vacancy in
the position of the General Counsel, the most senior attorney
employed within the Office of the General Counsel at the time
the vacancy arises shall exercise all the responsibilities of
the General Counsel until the vacancy is filled.''.
SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR
ADVISORY OPINIONS BY PERSONS OPPOSING THE
REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108)
is amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an
opportunity for a person requesting an advisory opinion under
this section (or counsel for such person) to appear before
the Commission to present testimony in support of the
request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable
opportunity for an interested party who submitted written
comments under subsection (d) in response to the request (or
counsel for such interested party) to appear before the
Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to requests for advisory opinions
under section 308 of the Federal Election Campaign Act of
1971 which are made on or after the date of the enactment of
this Act.
SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY
AUTHORITY.
Section 309(a)(4)(C)(v) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by
striking ``, and that end on or before December 31, 2033''.
SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be
subject to limitations on ex parte communications, as
provided in the regulations promulgated by the Commission
regarding such communications which are in effect on the date
of the enactment of this paragraph.''.
SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT
FEC IN SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is
amended by striking ``any action instituted under this Act,
either (A) by attorneys'' and inserting ``any action
instituted under this Act, including an action before the
Supreme Court of the United States, either (A) by the General
Counsel of the Commission and other attorneys''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to actions instituted before, on, or
after the date of the enactment of this Act.
SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by
striking the semicolon at the end and inserting the
following: ``, and shall ensure that all such forms
(including forms in an electronic format) permit the person
using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the expiration of the 90-day period
which begins on the date of the enactment of this Act.
SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR
OFFENSES UNDER THE FEDERAL ELECTION CAMPAIGN
ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by
inserting after paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under
this subsection with respect to a violation of this Act
unless a complaint is filed with the Commission with respect
to the violation under paragraph (1), or the Commission
responds to information with respect to the violation which
is ascertained in the normal course of carrying out its
supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation
occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52
U.S.C. 30145(a)) is amended by striking ``5 years'' and
inserting ``10 years''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
the date of enactment of this Act.
SEC. 7110. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, this
subtitle and the amendments made by this subtitle shall take
effect and apply on the date of the enactment of this Act,
without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out this
subtitle and the amendments made by this subtitle.
(b) Transition.--
(1) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to the date
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of the enactment of this Act, including any investigation
initiated by the Commission prior to such date or any
proceeding (including any enforcement action) pending as of
such date.
(2) Treatment of certain complaints.--If, as of the date of
the enactment of this Act, the General Counsel of the Federal
Election Commission has not made any recommendation to the
Commission under section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109) with respect to a
complaint filed prior to the date of the enactment of this
Act, this subtitle and the amendments made by this subtitle
shall apply with respect to the complaint in the same manner
as this subtitle and the amendments made by this subtitle
apply with respect to a complaint filed on or after the date
of the enactment of this Act.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding to Promote Democracy
PART 1--PAYMENTS AND ALLOCATIONS TO STATES
SEC. 8001. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be
known as the ``Democracy Advancement and Innovation Program''
under which the Director of the Office of Democracy
Advancement and Innovation shall make allocations to each
State for each fiscal year to carry out democracy promotion
activities described in subsection (b).
(b) Democracy Promotion Activities Described.--The
democracy promotion activities described in this subsection
are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades
to voting equipment and voter registration systems, securing
voting locations, expanding polling places and the
availability of early and mail voting, recruiting and
training nonpartisan election officials, and promoting
cybersecurity.
(2) Activities to ensure equitable access to democracy,
including the following:
(A) Enabling candidates who seek office in the State to
receive payments as participating candidates under title V of
the Federal Election Campaign Act of 1971 (as added by
subtitle B), but only if the State will enable candidates to
receive such payments during an entire election cycle.
(B) Operating a Democracy Credit Program under part 1 of
subtitle B, but only if the State will operate the program
during an entire election cycle.
(C) Other activities to ensure equitable access to
democracy, including administering a ranked-choice voting
system and carrying out Congressional redistricting through
independent commissions.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals
with disabilities, racial and language minority groups,
individuals entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act, and
voters residing in Indian lands.
(c) Permitting States to Retain and Reserve Allocations for
Future Use.--A State may retain and reserve an allocation
received for a fiscal year to carry out democracy promotion
activities in any subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of the
fiscal year, the chief State election official of the State
submits to the Director the State plan described in section
8002; and
(B) not later than 45 days before the first day of the
fiscal year, the Director, in consultation with the Election
Assistance Commission and the Federal Election Commission as
described in paragraph (3), determines that the State plan
will enable the State to carry out democracy promotion
activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the
fiscal year if, at any time prior to the end of the fiscal
year--
(A) the chief State election official of the State submits
a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission and the Federal Election Commission as
described in paragraph (3), determines that the revised
version of the State plan will enable the State to carry out
democracy promotion activities and approves the plan.
(3) Election assistance commission and federal election
commission consultation.--With respect to a State plan
submitted under paragraph (1) or a revised plan submitted
under paragraph (2)--
(A) the Director shall, prior to making a determination on
approval of the plan, consult with the Election Assistance
Commission with respect to the proposed State activities
described in subsection (b)(1) and with the Federal Election
Commission with respect to the proposed State activities
described in subsection (b)(2)(A) and (b)(2)(B); and
(B) the Election Assistance Commission and the Federal
Election Commission shall submit to the Director a written
assessment with respect to whether the proposed activities of
the plan satisfy the requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and the revised plan submitted
under paragraph (2) in consultation with the majority party
and minority party leaders of each house of the State
legislature.
(e) State Report on Use of Allocations.--Not later than 90
days after the last day of a fiscal year for which an
allocation was made to the State under the Program, the chief
State election official of the State shall submit a report to
the Director describing how the State used the allocation,
including a description of the democracy promotion activities
the State carried out with the allocation.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of subsection
(d) and revised plans submitted under paragraph (2) of
subsection (d).
(B) The Director's notifications of determinations with
respect to such plans under subsection (d).
(C) Reports submitted by States under subsection (e).
(2) Redaction.-- The Director may redact information
required to be made available under paragraph (1) if the
information would be properly withheld from disclosure under
section 552 of title 5, United States Code, or if the public
disclosure of the information is otherwise prohibited by law.
(g) Effective Date.--This section shall apply with respect
to fiscal year 2027 and each succeeding fiscal year.
SEC. 8002. STATE PLAN.
(a) Contents.--A State plan under this section with respect
to a State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall
include the amount the State intends to allocate to each such
activity, including (if applicable) a specific allocation
for--
(A) activities described in subsection 8001(b)(1) (relating
to election administration);
(B) activities described in section 8001(b)(2)(A) (relating
to payments to participating candidates in the State under
title V of the Federal Election Campaign Act of 1971),
together with the information required under subsection (c);
(C) activities described in section 8001(b)(2)(B) (relating
to the operation of a Democracy Credit Program under part 1
of subtitle B);
(D) activities described in section 8001(b)(2)(C) (relating
to other activities to ensure equitable access to democracy);
and
(E) activities described in section 8001(b)(3) (relating to
activities to increase access to voting in elections for
Federal office by certain communities).
(4) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(5) A description of the State-based administrative
complaint procedures established for purposes of section
8003(b).
(6) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(4), a
fund described in this subsection with respect to a State is
a fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2),
and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available by the
State for carrying out the democracy promotion activities for
which the payment is made to the State under the Program.
(B) The payment made to the State under the Program.
(C) Such other amounts as may be appropriated under law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation
to establish the fund described in this subsection, the
Director shall defer disbursement of the payment to such
State under the Program until such time as legislation
establishing the fund is enacted.
(c) Specific Information on Use of Funds to Enable
Candidates to Participate in Matching Funds Program.--If the
State
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plan under this section includes an allocation for activities
described in section 8001(b)(2)(A) (relating to payments to
participating candidates in the State under title V of the
Federal Election Campaign Act of 1971), the State shall
include in the plan specific information on how the amount of
the allocation will enable the State to provide for the
viable participation of candidates in the State under such
title, including the assumptions made by the State in
determining the amount of the allocation.
SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION
IN ELECTIONS.
(a) Prohibiting Use of Payments.--A State may not use a
payment made under the Program to carry out any activity
which has the purpose or effect of diminishing the ability of
any citizen of the United States to participate in the
electoral process.
(b) State-based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to the
complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a statement of
the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is dissatisfied
with the final decision under a State-based administrative
complaint procedure under this subsection may, not later than
60 days after the decision is made, file a request with the
Director to review the decision.
(B) Action by director.--Upon receiving a request under
subparagraph (A), the Director shall review the decision and,
in accordance with such procedures as the Director may
establish, including procedures to provide notice and an
opportunity for a hearing, may uphold the decision or reverse
the decision and provide an appropriate remedy.
(C) Public availability of material.--The Director shall
make available on a publicly accessible website all material
relating to a request for review and determination by the
Director under this paragraph, shall be made available on a
publicly accessible website, except that the Director may
redact material required to be made available under this
subparagraph if the material would be properly withheld from
disclosure under section 552 of title 5, United States Code,
or if the public disclosure of the material is otherwise
prohibited by law.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action of the
Director under subparagraph (B) of paragraph (3) may file a
petition with the United States District Court for the
District of Columbia.
(B) Deadline to file petition.--Any petition under this
subparagraph shall be filed not later than 60 days after the
date of the action taken by the Director under subparagraph
(B) of paragraph (3).
(C) Standard of review.--In any proceeding under this
paragraph, the court shall determine whether the action of
the Director was arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law under
section 706 of title 5, United States Code, and may direct
the Office to conform with any such determination within 30
days.
(c) Action by Attorney General for Declaratory and
Injunctive Relief.--The Attorney General may bring a civil
action against any State in an appropriate United States
District Court for such declaratory and injunctive relief
(including a temporary restraining order, a permanent or
temporary injunction, or other order) as may be necessary to
enforce subsection (a).
SEC. 8004. AMOUNT OF STATE ALLOCATION.
(a) State-specific Amount.--The amount of the allocation
made to a State under the Program for a fiscal year shall be
equal to the product of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes
of subsection (a), the ``Congressional district allocation
amount'' with respect to a fiscal year is equal to the
quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined
by the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for
Allocations; Notification to States.--Not later than 120 days
before the first day of each fiscal year, the Director--
(1) shall, in accordance with section 8012, determine and
establish the aggregate amount available for allocations to
States under the Program for the fiscal year; and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
(d) Source of Payments.--The amounts used to make
allocations and payments under the Program shall be derived
solely from the Trust Fund.
SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND
ALLOCATIONS.
(a) Direct Payments to States for Certain Activities Under
State Plan.--
(1) Direct payment.--If the approved State plan of a State
includes activities for which allocations are not made under
subsections (b), (c), or (d), upon approving the State plan
under section 8002, the Director shall direct the Secretary
of the Treasury to disburse amounts from the Trust Fund for
payment to the State in the aggregate amount provided under
the plan for such activities.
(2) Timing.--As soon as practicable after the Director
directs the Secretary of the Treasury to disburse amounts for
payment to a State under paragraph (1), the Secretary of the
Treasury shall make the payment to the State under such
paragraph.
(3) Continuing availability of funds after appropriation.--
A payment made to a State under this subsection shall be
available without fiscal year limitation.
(b) Allocation to Election Assistance Commission for
Payments to States for Certain Election Administration
Activities.--
(1) Allocation.--If the approved State plan of a State
includes activities described in section 8001(b)(1), upon
approving the State plan under section 8002, the Director
shall direct the Secretary of the Treasury to allocate to the
Election Assistance Commission the amount provided for such
activities under the plan.
(2) Payment to state.--As soon as practicable after
receiving an allocation under paragraph (1) with respect to a
State, the Election Assistance Commission shall make a
payment to the State in the amount of the State's allocation.
(3) Continuing availability of funds after appropriation.--
A payment made to a State by the Election Assistance
Commission under this subsection shall be available without
fiscal year limitation.
(c) Allocation to Federal Election Commission for Payments
to Participating Candidates From State.--If the approved
State plan of a State includes activities described in
section 8001(b)(2)(A), relating to payments to participating
candidates in the State under title V of the Federal Election
Campaign Act of 1971, upon approving the State plan under
section 8002, the Director shall direct the Secretary of the
Treasury to allocate to the Federal Election Commission the
amount provided for such activities under the plan.
(d) Allocation to Federal Election Commission for Payments
for Democracy Credit Program.--If the approved State plan of
a State includes activities described in section
8001(b)(2)(B), relating to payments to the State for the
operation of a Democracy Credit Program under part 1 of
subtitle B, upon approving the State plan under section 8002,
the Director shall direct the Secretary of the Treasury to
allocate to the Federal Election Commission the amount
provided for such activities under the plan.
(e) Certain Payments Made Directly to Local Election
Administrators.--Under rules established by the Director not
later than 270 days after the date of the enactment of this
Act, portions of amounts disbursed to States by the Secretary
of the Treasury under subsection (a) and payments made to
States by the Election Assistance Commission under subsection
(b) may be provided directly to local election administrators
carrying out activities in the State plan which may be
carried out with such amounts and payments.
SEC. 8006. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.
(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of Democracy
Advancement and Innovation.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II
of the Executive Schedule.
(4) Removal.--The Director may be removed from office by
the President. If the President removes the Director, the
President shall communicate in writing the reasons for the
removal to both Houses of Congress not later than 30 days
beforehand. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a general
counsel who shall be paid at an annual rate of pay equal to
the annual rate in effect for level III of the Executive
Schedule. In the event of a vacancy in the position of the
Director, the General Counsel shall exercise all the
responsibilities of the Director until such vacancy is
filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy
Director, who
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may be paid at an annual rate of pay equal to the annual rate
in effect for level IV of the Executive Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of
such other staff as the Director considers necessary to carry
out the duties of the Office, except that no such staff may
be compensated at an annual rate exceeding the daily
equivalent of the annual rate of basic pay in effect for
grade GS-15 of the General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission and the Federal Election Commission,
including by holding quarterly meetings of representatives
from such Commissions.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Secretary of the Treasury. The Director
may hold funds in reserve to cover the expenses of the Office
and to preserve the solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held
in 2028 and each succeeding regularly scheduled general
election for Federal office thereafter, the Director shall
submit to the Committee on House Administration of the House
of Representatives and the Committee on Rules and
Administration of the Senate a report on the activities
carried out under the Program and the amounts deposited into
and paid from the Trust Fund during the two most recent
fiscal years.
(e) Coverage Under Inspector General Act of 1978 for
Conducting Audits and Investigations.--
(1) In general.--Section 415(a)(1)(A) of title 5, United
States Code, is amended by inserting ``the Office of
Democracy Advancement and Innovation,'' after ``Election
Assistance Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section
7323(b)(2)(B) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of Democracy Advancement and Innovation;
or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as
the Director considers necessary and appropriate to carry out
the duties of the Office under this Act and the amendments
made by this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the
enactment of this Act, the Director shall promulgate such
rules and regulations as the Director considers necessary and
appropriate to carry out the requirements of this part and
the amendments made by this part.
(3) Comments by the election assistance commission and the
federal election commission.--The Election Assistance
Commission and the Federal Election Assistance shall timely
submit comments with respect to any proposed regulations
promulgated by the Director under this subsection.
(h) Interim Authority Pending Appointment and Confirmation
of Director.--
(1) Authority of director of office of management and
budget.--Notwithstanding subsection (b), during the
transition period, the Director of the Office of Management
and Budget is authorized to perform the functions of the
Office under this title, and shall act for all purposes as,
and with the full powers of, the Director.
(2) Interim administrative services.--
(A) Authority of office of management and budget.--During
the transition period, the Director of the Office of
Management and Budget may provide administrative services
necessary to support the Office.
(B) Termination of authority; permitting extension.--The
Director of the Office of Management and Budget shall cease
providing interim administrative services under this
paragraph upon the expiration of the transition period,
except that the Director of the Office of Management and
Budget may continue to provide such services after the
expiration of the transition period if the Director and the
Director of the Office of Management and Budget jointly
transmit to the Committee on House Administration of the
House of Representatives and the Committee on Rules and
Administration of the Senate--
(i) a written determination that an orderly implementation
of this title is not feasible by the expiration of the
transition period;
(ii) an explanation of why an extension is necessary for
the orderly implementation of this title;
(iii) a description of the period during which the Director
of the Office of Management and Budget shall continue
providing services under the authority of this subparagraph;
and
(iv) a description of the steps that will be taken to
ensure an orderly and timely implementation of this title
during the period described in clause (iii).
(3) Transition period defined.--In this subsection, the
``transition period'' is the period which begins on the date
of the enactment of this Act and ends on the date on which
the Director is appointed and confirmed.
(4) Limit on length of period of interim authorities.--
Notwithstanding any other provision of this subsection, the
Director of the Office of Management and Budget may not
exercise any authority under this subsection after the
expiration of the 24-month period which begins on the date of
the enactment of this Act.
(i) Authorization of Appropriations.--There are authorized
to be appropriated from the Trust Fund such sums as may be
necessary to carry out the activities of the Office for
fiscal year 2027 and each succeeding fiscal year.
PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST
FUND.
(a) Establishment.--There is established in the Treasury a
fund to be known as the ``State Election Assistance and
Innovation Trust Fund''.
(b) Sense of the Senate Regarding Funding.--It is the sense
of the Senate that--
(1) no taxpayer funds should be used in funding this title;
and
(2) the Trust Fund should consist of--
(A) assessments against certain fines, penalties, and
settlements as a result of corporate malfeasance; and
(B) any gifts or bequests for deposit into the Trust Fund.
SEC. 8012. USES OF FUND.
(a) Payments and Allocations Described.--For each fiscal
year, amounts in the Fund shall be used as follows:
(1) Payments to States under the Program, as described in
section 8005(a).
(2) Allocations to the Election Assistance Commission, to
be used for payments for certain election administration
activities, as described in section 8005(b).
(3) Allocations to the Federal Election Commission, to be
used for payments to participating candidates under title V
of the Federal Election Campaign Act of 1971, as described in
section 8005(c).
(4) Allocations to the Federal Election Commission, to be
used for payments to States operating a Democracy Credit
Program under part 1 of subtitle B, as described in section
8005(d).
(b) Determination of Aggregate Amount of State
Allocations.--The Director shall determine and establish the
aggregate amount of State allocations for each fiscal year,
taking into account the anticipated balances of the Trust
Fund. In carrying out this subsection, the Director shall
consult with the Federal Election Commission and the Election
Assistance Commission, but shall be solely responsible for
making the final determinations under this subsection.
PART 3--GENERAL PROVISIONS
SEC. 8021. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``election cycle'' means the period beginning
on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on
the date of the next regularly scheduled general election for
Federal office.
(4) The term ``Indian lands'' includes--
(A) Indian country, as defined under section 1151 of title
18, United States Code;
(B) any land in Alaska owned, pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian
Tribe that is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village Corporation that
is associated with an Indian Tribe (as defined in section 3
of that Act (43 U.S.C. 1602));
(C) any land on which the seat of the Tribal government is
located; and
(D) any land that is part or all of a Tribal designated
statistical area associated with an Indian Tribe, or is part
or all of an Alaska Native village statistical area
associated with an Indian Tribe, as defined by the Census
Bureau for the purposes of the most recent decennial census.
(5) The term ``Office'' means the Office of Democracy
Advancement and Innovation established under section 8005.
(6) The term ``Program'' means the Democracy Advancement
and Innovation Program established under section 8001.
(7) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
(8) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under
section 8011.
SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF
DEADLINES.
(a) In General.--With respect to the calculation of any
period of time for the purposes of a deadline in this
subtitle, the last day of the period shall be included in
such calculation, unless such day is a Saturday, a Sunday, or
a legal public holiday, in which case the period of such
deadline shall be extended until the end of the next day
which is not a Saturday, a Sunday, a legal public holiday.
[[Page S4482]]
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day
described in section 6103(a) of title 5, United States Code.
Subtitle B--Elections for House of Representatives
SEC. 8101. SHORT TITLE.
This subtitle may be cited as the ``Government By the
People Act of 2024''.
PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM
SEC. 8102. ESTABLISHMENT OF PROGRAM.
(a) Establishment.--The Federal Election Commission
(hereafter in this part referred to as the ``Commission'')
shall establish a program under which the Commission shall
make payments to States to operate a credit program which is
described in section 8103 during an election cycle.
(b) Requirements for Program.--A State is eligible to
operate a credit program under this part with respect to an
election cycle if, not later than 120 days before the cycle
begins, the State submits to the Commission a statement
containing--
(1) information and assurances that the State will operate
a credit program which contains the elements described in
section 8103(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
8103(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program
as described in section 8103(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
8103(d);
(5) information and assurances that the State will submit
reports as required under section 8104;
(6) information and assurances that, not later than 60 days
before the beginning of the cycle, the State will complete
any actions necessary to operate the program during the
cycle; and
(7) such other information and assurances as the Commission
may require.
(c) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 8104(a) with respect to an election
cycle, the Commission shall transmit a payment to the State
in an amount equal to the reasonable costs incurred by the
State in operating the credit program under this part during
the cycle.
(2) Source of funds.--Payments to a State under the program
shall be made using amounts allocated to the Commission for
purposes of making payments under this part with respect to
the State from the State Election Assistance and Innovation
Trust Fund (hereafter referred to as the ``Fund'') under
section 8012, in the amount allocated with respect to the
State under section 8005(d).
(3) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to two consecutive
election cycles period may not exceed $10,000,000. If the
State determines that the maximum payment amount under this
paragraph with respect to such cycles is not, or may not be,
sufficient to cover the reasonable costs incurred by the
State in operating the program under this part for such
cycles, the State shall reduce the amount of the credit
provided to each qualified individual by such pro rata amount
as may be necessary to ensure that the reasonable costs
incurred by the State in operating the program will not
exceed the amount paid to the State with respect to such
cycles.
(d) Continuing Availability of Funds After Appropriation.--
A payment made to a State under this part shall be available
without fiscal year limitation.
SEC. 8103. CREDIT PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a credit program
operated by a State under this part are as follows:
(A) The State shall provide each qualified individual upon
the individual's request with a credit worth $25 to be known
as a ``Democracy Credit'' during the election cycle which
will be assigned a routing number and which at the option of
the individual will be provided in either paper or electronic
form.
(B) Using the routing number assigned to the Democracy
Credit, the individual may submit the Democracy Credit in
either electronic or paper form to qualified candidates for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress and allocate such
portion of the value of the Democracy Credit in increments of
$5 as the individual may select to any such candidate.
(C) If the candidate transmits the Democracy Credit to the
Commission, the Commission shall pay the candidate the
portion of the value of the Democracy Credit that the
individual allocated to the candidate, which shall be
considered a contribution by the individual to the candidate
for purposes of the Federal Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to
a State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual submits a
Democracy Credit; and
(C) who is not prohibited under Federal law from making
contributions to candidates for election for Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission
of a Democracy Credit to a candidate by an individual shall
be treated as a contribution to the candidate by the
individual in the amount of the portion of the value of the
Credit that the individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the
elements described in subsection (a), a State operating a
credit program under this part shall permit an individual to
revoke a Democracy Credit not later than 2 days after
submitting the Democracy Credit to a candidate.
(c) Oversight Commission.--In addition to the elements
described in subsection (a), a State operating a credit
program under this part shall establish a commission or
designate an existing entity to oversee and implement the
program in the State, except that no such commission or
entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the
elements described in subsection (a), a State operating a
credit program under this part shall carry out a public
information campaign to disseminate awareness of the program
among qualified individuals.
(e) No Taxpayer Funds Permitted to Carry Out Program.--No
taxpayer funds shall be used to carry out the credit program
under this part. For purposes of this subsection, the term
``taxpayer funds'' means revenues received by the Internal
Revenue Service from tax liabilities.
SEC. 8104. REPORTS.
(a) State Reports.--Not later than 6 months after each
first election cycle during which the State operates a
program under this part, the State shall submit to the
Commission and the Office of Democracy Advancement and
Innovation a report analyzing the operation and effectiveness
of the program during the cycle and including such other
information as the Commission may require.
(b) Study and Report on Impact and Effectiveness of Credit
Programs.--
(1) Study.--The Commission shall conduct a study on the
efficacy of political credit programs, including the program
under this part and other similar programs, in expanding and
diversifying the pool of individuals who participate in the
electoral process, including those who participate as donors
and those who participate as candidates.
(2) Report.--Not later than 1 year after the first election
cycle for which States operate the program under this part,
the Commission shall publish and submit to Congress a report
on the study conducted under paragraph (1).
SEC. 8105. ELECTION CYCLE DEFINED.
In this part, the term ``election cycle'' means the period
beginning on the day after the date of the most recent
regularly scheduled general election for Federal office and
ending on the date of the next regularly scheduled general
election for Federal office.
PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR
CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.) is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress is certified as a participating
candidate under this title with respect to an election for
such office, the candidate shall be entitled to payments as
provided under this title.
``(b) Amount of Payment.--The amount of a payment made
under this title shall be equal to 600 percent of the amount
of qualified small dollar contributions received by the
candidate since the most recent payment made to the candidate
under this title during the election cycle, without regard to
whether or not the candidate received any of the
contributions before, during, or after the Small Dollar
Democracy qualifying period applicable to the candidate under
section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate
amount of payments made to a participating candidate with
respect to an election cycle under this title may not exceed
50 percent of the average of the 20 greatest amounts of
disbursements made by the authorized committees of any
winning candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress during the
most recent election cycle, rounded to the nearest $100,000.
``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall
be used to make payments under this title. For purposes of
this subsection, the term `taxpayer funds' means revenues
received by the Internal Revenue Service from tax
liabilities.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Division Director shall make a
payment under section 501 to a candidate who is certified as
a participating candidate upon receipt from the candidate of
a request for a payment which includes--
[[Page S4483]]
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since
the most recent payment made to the candidate under this
title during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the Division
Director may require.
``(b) Restrictions on Submission of Requests.--A candidate
may not submit a request under subsection (a) unless each of
the following applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection
(a)(1) is equal to or greater than $5,000, unless the request
is submitted during the 30-day period which ends on the date
of a general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Division Director shall, in
coordination with the Secretary of the Treasury, take such
steps as may be necessary to ensure that the Secretary is
able to make payments under this section from the Treasury
not later than 2 business days after the receipt of a request
submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``(a) Use of Funds for Authorized Campaign Expenditures.--A
candidate shall use payments made under this title, including
payments provided with respect to a previous election cycle
which are withheld from remittance to the Commission in
accordance with section 524(a)(2), only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures (as determined in
accordance with title III) in connection with the election
cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines,
or Penalties.--Notwithstanding title III, a candidate may not
use payments made under this title for the payment of
expenses incurred in connection with any action, claim, or
other matter before the Commission or before any court,
hearing officer, arbitrator, or other dispute resolution
entity, or for the payment of any fine or civil monetary
penalty.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small
dollar contribution' means, with respect to a candidate and
the authorized committees of a candidate, a contribution that
meets the following requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the contribution
to the candidate or committee by another person; or
``(ii) received by the candidate or committee with the
knowledge that the contribution was made at the request,
suggestion, or recommendation of another person.
``(B) In this paragraph--
``(i) the term `person' does not include an individual
(other than an individual described in section 304(i)(7) of
the Federal Election Campaign Act of 1971), a political
committee of a political party, or any political committee
which is not a separate segregated fund described in section
316(b) of the Federal Election Campaign Act of 1971 and which
does not make contributions or independent expenditures, does
not engage in lobbying activity under the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.), and is not established
by, controlled by, or affiliated with a registered lobbyist
under such Act, an agent of a registered lobbyist under such
Act, or an organization which retains or employs a registered
lobbyist under such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely on
the grounds that the contribution is made in response to
information provided to the individual making the
contribution by any person, so long as the candidate or
authorized committee does not know the identity of the person
who provided the information to such individual.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of Democracy Credits.--Any payment received
by a candidate and the authorized committees of a candidate
which consists of a Democracy Credit under the Freedom to
Vote Act shall be considered a qualified small dollar
contribution for purposes of this title, so long as the
individual making the payment meets the requirements of
paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a qualified
small dollar contribution to a candidate or the authorized
committees of a candidate with respect to an election may not
make any subsequent contribution to such candidate or the
authorized committees of such candidate with respect to the
election cycle which is not a qualified small dollar
contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during qualifying
period.--Subparagraph (A) does not apply with respect to a
contribution made to a candidate who, during the Small Dollar
Democracy qualifying period described in section 511(c),
submits a statement to the Commission under section 513(c) to
voluntarily withdraw from participating in the program under
this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph
(1), an individual who makes a qualified small dollar
contribution to a candidate or the authorized committees of a
candidate with respect to an election makes a subsequent
contribution to such candidate or the authorized committees
of such candidate with respect to the election which is
prohibited under paragraph (1) because it is not a qualified
small dollar contribution, the candidate may take one of the
following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a subsequent
contribution which is not a qualified small dollar
contribution because the contribution fails to meet the
requirements of paragraph (3) of subsection (a) (relating to
the aggregate amount of contributions made to the candidate
or the authorized committees of the candidate by the
individual making the contribution), the candidate may return
an amount equal to the difference between the amount of the
subsequent contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent contribution,
so long as not later than 2 weeks after receiving the
subsequent contribution, the candidate remits to the
Commission an amount equal to any payments received by the
candidate under this title which are attributable to the
qualified small dollar contribution made by the individual
involved. Such amount shall be used to supplement the
allocation made to the Commission with respect to candidates
from the State in which the candidate seeks office, as
described in section 541(a).
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection
(a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under
this title shall provide the following information in any
materials for the solicitation of contributions, including
any internet site through which individuals may make
contributions to the committee:
``(A) A statement that if the candidate is certified as a
participating candidate under this title, the candidate will
receive matching payments in an amount which is based on the
total amount of qualified small dollar contributions
received.
``(B) A statement that a contribution which meets the
requirements set forth in subsection (a) shall be treated as
a qualified small dollar contribution under this title.
``(C) A statement that if a contribution is treated as
qualified small dollar contribution under this title, the
individual who makes the contribution may not make any
contribution to the candidate or the authorized committees of
the candidate during the election cycle which is not a
qualified small dollar contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in paragraph
(1) in the receipt provided under section 512(b)(3) to a
person making a qualified small dollar contribution; or
``(B) by modifying the information it provides to persons
making contributions which is otherwise required under title
III (including information it provides through the internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress is eligible to be certified as a participating
candidate under this title with respect to an election if the
candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate
meet the requirements of section 504(d).
[[Page S4484]]
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply with the
contribution and expenditure requirements of section 521;
``(B) if certified, will run only as a participating
candidate for all elections for the office that such
candidate is seeking during that election cycle; and
``(C) has either qualified or will take steps to qualify
under State law to be on the ballot.
``(5) The candidate files with the Commission a
certification that the candidate will not use any allocation
from the Fund to directly or indirectly pay salaries, fees,
consulting expenses, or any other compensation for services
rendered to themselves, family members (including spouses as
well as children, parents, siblings, or any of their
spouses), or any entity or organization in which they have an
ownership interest.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a
participating candidate under this title for a general
election or a general runoff election unless the candidate's
party nominated the candidate to be placed on the ballot for
the general election or the candidate is otherwise qualified
to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--
The term `Small Dollar Democracy qualifying period' means,
with respect to any candidate for an office, the 180-day
period (during the election cycle for such office) which
begins on the date on which the candidate files a statement
of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the
date of the general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions.--A
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress meets the requirement
of this section if, during the Small Dollar Democracy
qualifying period described in section 511(c), each of the
following occurs:
``(1) Not fewer than 1,000 individuals make a qualified
small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small
Dollar Contribution.--Each qualified small dollar
contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account,
or any other method deemed appropriate by the Division
Director;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing the
contributor's name and address; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form)
kept by the candidate for the Commission.
``(c) Verification of Contributions.--
``(1) Procedures.--The Division Director shall establish
procedures for the auditing and verification of the
contributions received and expenditures made by participating
candidates under this title, including procedures for random
audits, to ensure that such contributions and expenditures
meet the requirements of this title.
``(2) Authority of commission to revise procedures.--The
Commission, by a vote of not fewer than four of its members,
may revise the procedures established by the Division
Director under this subsection.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Division Director shall--
``(A) determine whether or not the candidate meets the
requirements for certification as a participating candidate;
``(B) if the Division Director determines that the
candidate meets such requirements, certify the candidate as a
participating candidate; and
``(C) notify the candidate of the Division Director's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Division Director certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Division Director shall be
deemed to have certified the candidate as a participating
candidate with respect to all subsequent elections of the
election cycle.
``(3) Authority of commission to reverse determination by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under
this subsection, the Commission, by a vote of not fewer than
four of its members, may review and reverse the
determination. If the Commission reverses the determination,
the Commission shall promptly notify the candidate involved.
``(b) Revocation of Certification.--
``(1) In general.--The Division Director shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the ballot
at any time after the date of certification (other than a
candidate certified as a participating candidate with respect
to a primary election who fails to qualify to appear on the
ballot for a subsequent election in that election cycle);
``(B) a candidate ceases to be a candidate for the office
involved, as determined on the basis of an official
announcement by an authorized committee of the candidate or
on the basis of a reasonable determination by the Commission;
or
``(C) a candidate otherwise fails to comply with the
requirements of this title, including any regulatory
requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Division
Director shall revoke a certification under subsection (a) if
a penalty is assessed against the candidate under section
309(d) with respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under this
title during the remainder of the election cycle involved;
and
``(B) in the case of a candidate whose certification is
revoked pursuant to subparagraph (A) or subparagraph (C) of
paragraph (1)--
``(i) the candidate shall repay to the Commission an amount
equal to the payments received under this title with respect
to the election cycle involved plus interest (at a rate
determined by the Commission on the basis of an appropriate
annual percentage rate for the month involved) on any such
amount received, which shall be used by the Commission to
supplement the allocation made to the Commission with respect
to the State in which the candidate seeks office, as
described in section 541(a); and
``(ii) the candidate may not be certified as a
participating candidate under this title with respect to the
next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Division
Director revokes the certification of an individual as a
participating candidate under this title pursuant to
subparagraph (A) or subparagraph (C) of paragraph (1) a total
of 3 times, the individual may not be certified as a
participating candidate under this title with respect to any
subsequent election.
``(5) Authority of commission to reverse revocation by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under
this subsection, the Commission, by a vote of not fewer than
four of its members, may review and reverse the
determination. If the Commission reverses the determination,
the Commission shall promptly notify the candidate involved.
``(c) Voluntary Withdrawal From Participating During
Qualifying Period.--At any time during the Small Dollar
Democracy qualifying period described in section 511(c), a
candidate may withdraw from participation in the program
under this title by submitting to the Commission a statement
of withdrawal (without regard to whether or not the
Commission has certified the candidate as a participating
candidate under this title as of the time the candidate
submits such statement), so long as the candidate has not
submitted a request for payment under section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is certified under this section as eligible
to receive benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and
Expenditures.--Except as provided in subsection (c), a
participating candidate with respect to an election shall,
with respect to all elections occurring during the election
cycle for the office involved, accept no contributions from
any source and make no expenditures from any amounts, other
than the following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established
and maintained by a national or State political party,
subject to the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to
the applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate
may accept from any individual with respect to any election
during the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political
committees, subject to the applicable limitations of section
315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the
candidate) so long as--
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``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle occurring
prior to the candidate's certification as a participating
candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct payments
for the receipt of goods and services which constitute
authorized expenditures in connection with the election cycle
involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister, or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission, to be used to supplement
the allocation made to the Commission with respect to the
State in which the candidate seeks office, as described in
section 541(a); or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate
is not in violation of such subsection if the aggregate
amount of the prohibited expenditures is less than the amount
referred to in section 512(a)(2) (relating to the total
dollar amount of qualified small dollar contributions which
the candidate is required to obtain) which is applicable to
the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous
election may be retained, but only if the candidate places
the funds in escrow and refrains from raising additional
funds for or spending funds from that account during the
election cycle in which a candidate is a participating
candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as
campaign surpluses under paragraph (3), and expenditures made
shall count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party
in coordination with a participating candidate shall not be
treated as a contribution to or as an expenditure made by the
participating candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this
title with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election
for which the candidate was not certified as a participating
candidate under this title and the candidate does not
terminate the committee, the candidate shall not be
considered to be in violation of paragraph (1) so long as
that joint fundraising committee does not receive any
contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance,
maintain, or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate
under this title and the candidate does not terminate the
leadership PAC, the candidate shall not be considered to be
in violation of paragraph (1) so long as the leadership PAC
does not receive any contributions or make any disbursements
during the election cycle for which the candidate is
certified as a participating candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted
Contributions.--Each authorized committee of a candidate
certified as a participating candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title
shall, in accordance with section 304(b)(3)(A), include in
the reports the committee submits under section 304 the
identification of each person who makes a qualified small
dollar contribution to the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on
the internet (whether through a site established for purposes
of this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically
with the Commission) in a searchable, sortable, and
downloadable manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF MATCHING
FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An
authorized committee of a candidate certified as a
participating candidate under this title may not make any
expenditure of any payments received under this title in any
amount unless the committee has made an expenditure in an
equivalent amount of funds received by the committee which
are described in paragraphs (1), (3), (4), (5), and (6) of
section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in
such subsection are available to the committee at the time
the committee makes an expenditure of a payment received
under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--Not later than the date that is
180 days after the last election for which a candidate
certified as a participating candidate qualifies to be on the
ballot during the election cycle involved, such participating
candidate shall remit to the Commission an amount equal to
the balance of the payments received under this title by the
authorized committees of the candidate which remain
unexpended as of such date, which shall be used to supplement
the allocation made to the Commission with respect to the
State in which the candidate seeks office, as described in
section 541(a).
``(b) Permitting Candidates Participating in Next Election
Cycle To Retain Portion of Unspent Funds.--Notwithstanding
subsection (a), a participating candidate may withhold not
more than $100,000 from the amount required to be remitted
under subsection (a) if the candidate files a signed
affidavit with the Commission that the candidate will seek
certification as a participating candidate with respect to
the next election cycle, except that the candidate may not
use any portion of the amount withheld until the candidate is
certified as a participating candidate with respect to that
next election cycle. If the candidate fails to seek
certification as a participating candidate prior to the last
day of the Small Dollar Democracy qualifying period for the
next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's
determination does not meet the requirements for
certification as a participating candidate with respect to
such cycle, the candidate shall immediately remit to the
Commission the amount withheld.
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Division Director shall
make an additional payment to an eligible candidate under
this subtitle.
``(b) Use of Funds.--A candidate shall use the additional
payment under this subtitle only for authorized expenditures
in connection with the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an
additional payment under this subtitle if the candidate meets
each of the following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Division Director a request for the
payment which includes--
``(A) a statement of the number and amount of qualified
small dollar contributions received by the candidate during
the enhanced support qualifying period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
and
``(C) such other information and assurances as the Division
Director may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the
[[Page S4486]]
candidate does not submit any other application for an
additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In
this subtitle, the term `enhanced support qualifying period'
means, with respect to a general election, the period which
begins 60 days before the date of the election and ends 14
days before the date of the election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of
the additional payment made to an eligible candidate under
this subtitle shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the
request submitted by the candidate under section 532(a)(4));
or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate
has reached the limit on the aggregate amount of payments
under subtitle A for the election cycle under section 501(c),
the amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment
determined under subsection (a) with respect to a candidate
may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the
additional payment made to a candidate under this subtitle
shall not be included in determining the aggregate amount of
payments made to a participating candidate with respect to an
election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT
FUNDS AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who
receives an additional payment under this subtitle with
respect to an election is not permitted to withhold any
portion from the amount of unspent funds the candidate is
required to remit to the Commission under section 524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. SOURCE OF PAYMENTS.
``(a) Allocations From State Election Assistance and
Innovation Trust Fund.--The amounts used to make payments to
participating candidates under this title who seek office in
a State shall be derived from the allocations made to the
Commission with respect to the State from the State Election
Assistance and Innovation Trust Fund (hereafter referred to
as the `Fund') under section 8012 of the Freedom to Vote Act,
as provided under section 8005(c) of such Act.
``(b) Use of Allocations to Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--The
allocations made to the Commission as described in subsection
(a) shall be available without further appropriation or
fiscal year limitation to make payments to participating
candidates as provided in this title.
``(2) Ongoing review to determine sufficiency of state
allocations.--
``(A) Ongoing review.--Not later than 90 days before the
first day of each election cycle (beginning with the first
election cycle that begins after the date of the enactment of
this title), and on an ongoing basis until the end of the
election cycle, the Division Director, in consultation with
the Director of the Office of Democracy Advancement and
Innovation, shall determine whether the amount of the
allocation made to the Commission with respect to candidates
who seek office in a State as described in subsection (a)
will be sufficient to make payments to participating
candidates in the State in the amounts provided in this title
during such election cycle.
``(B) Opportunity for state to increase allocation.--If, at
any time the Division Director determines under subparagraph
(A) that the amount anticipated to be available in the Fund
for payments to participating candidates in a State with
respect to the election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of participating
candidates in the State to payments under this title for such
election cycle--
``(i) the Division Director shall notify the State and
Congress; and
``(ii) the State may direct the Director of the Office of
Democracy Advancement and Innovation to direct the Secretary
of the Treasury to use the funds described in subparagraph
(C), in such amounts as the State may direct, as an
additional allocation to the Commission with respect to the
State for purposes of subsection (a), in accordance with
section 8012 of the Freedom to Vote Act.
``(C) Funds described.--The funds described in this
subparagraph are funds which were allocated to the State
under the Democracy Advancement and Innovation Program under
subtitle A of title VIII of the Freedom to Vote Act which,
under the State plan under section 8002 of such Act, were to
be used for democracy promotion activities described in
paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of
such Act but which remain unobligated.
``(3) Elimination of limit of amount of qualified small
donor contributions.--
``(A) Elimination of limit.--If, after notifying the State
under paragraph (2)(B)(i) and (if the State so elects) the
State directs under paragraph (2)(B)(ii) an additional
allocation to the Commission as provided under such
subparagraph, the Division Director determines under
paragraph (2)(A) that the amount anticipated to be available
in the Fund (after such additional allocation) for payments
to participating candidates in the State with respect to the
election cycle involved is still not, or may still not be,
sufficient to satisfy the full entitlements of participating
candidates in the State to payments under this title for such
election cycle, the limit on the amount of a qualified small
donor contribution under section 504(a)(1)(B) shall not apply
with respect to a participating candidate in the State under
this title. Nothing in this subparagraph may be construed to
waive the limit on the aggregate amount of contributions a
participating candidate may accept from any individual under
section 521(a)(5).
``(B) Determination of amount of payment to candidate.--In
determining under section 501(b) the amount of the payment
made to a participating candidate for whom the limit on the
amount of a qualified small donor contribution does not apply
pursuant to subparagraph (A), there shall be excluded any
qualified small donor contribution to the extent that the
amount contributed by the individual involved exceeds the
limit on the amount of such a contribution under section
504(a)(1)(B).
``(C) No use of amounts from other sources.--In any case in
which the Division Director determines that the allocation
made to the Commission with respect to candidates in a State
as described in subsection (a) is insufficient to make
payments to participating candidates in the State under this
title (taking into account any increase in the allocation
under paragraph (2)), moneys shall not be made available from
any other source for the purpose of making such payments.
``(c) Effective Date.--This section shall take effect on
the date of the enactment of this title, without regard to
whether or not regulations have been promulgated to carry out
this section.
``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN
COMMISSION.
``(a) Administration Through Dedicated Division.--
``(1) Establishment.--The Commission shall establish a
separate division within the Commission which is dedicated to
issuing regulations to carry out this title and to otherwise
carrying out the operation of this title.
``(2) Appointment of director and staff.--
``(A) Appointment.--Not later than June 1, 2026, the
Commission shall appoint a director to head the division
established under this section (to be known as the `Division
Director') and such other staff as the Commission considers
appropriate to enable the division to carry out its duties.
``(B) Role of general counsel.--If, at any time after the
date referred to in subparagraph (A), there is a vacancy in
the position of the Division Director, the General Counsel of
the Commission shall serve as the acting Division Director
until the Commission appoints a Division Director under this
paragraph.
``(3) Private right of action.--Any person aggrieved by the
failure of the Commission to meet the requirements of this
subsection may file an action in an appropriate district
court of the United States for such relief, including
declaratory and injunctive relief, as may be appropriate.
``(b) Regulations.--Not later than the deadline set forth
in section 8114 of the Freedom to Vote Act, the Commission,
acting through the dedicated division established under this
section, shall prescribe regulations to carry out the
purposes of this title, including regulations--
``(1) to establish procedures for verifying the amount of
qualified small dollar contributions with respect to a
candidate;
``(2) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the
raising of qualified small dollar contributions;
``(3) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the use of
personal funds by participating candidates;
``(4) to establish procedures for monitoring the use of
payments made from the allocation made to the Commission as
described in section 541(a) and matching contributions under
this title through audits of not fewer than \1/10\ (or, in
the case of the first 3 election cycles during which the
program under this title is in effect, not fewer than \1/3\)
of all participating candidates or other mechanisms;
``(5) to establish procedures for carrying out audits under
section 541(b) and permitting States to make additional
allocations as provided under section 541(b)(2)(B); and
``(6) to establish rules for preventing fraud in the
operation of this title which supplement similar rules which
apply under this Act.
``SEC. 543. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and
Expenditure Requirements.--If a candidate who has been
certified as a participating candidate accepts a contribution
or makes an expenditure that is
[[Page S4487]]
prohibited under section 521, the Commission may assess a
civil penalty against the candidate in an amount that is not
more than 3 times the amount of the contribution or
expenditure. Any amounts collected under this subsection
shall be used to supplement the allocation made to the
Commission with respect to the State in which the candidate
seeks office, as described in section 541(a).
``(b) Repayment for Improper Use of Payments.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds
contained in this title, the Commission shall so notify the
candidate and the candidate shall pay to the Commission an
amount which shall be used to supplement the allocation made
to the Commission with respect to the State in which the
candidate seeks office, as described in section 541(a) and
which shall be equal to--
``(A) the amount of payments so used or not remitted, as
appropriate; and
``(B) interest on any such amounts (at a rate determined by
the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under
subsection (a) against a candidate (with respect to either a
single election or multiple elections), the Commission may
refuse to certify the candidate as a participating candidate
under this title with respect to any subsequent election,
except that if each of the penalties were assessed as the
result of a knowing and willful violation of any provision of
this Act, the candidate is not eligible to be certified as a
participating candidate under this title with respect to any
subsequent election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``(d) Imposition of Criminal Penalties.--For criminal
penalties for the failure of a participating candidate to
comply with the requirements of this title, see section
309(d).
``SEC. 544. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2030, section
315(c)(1)(B) shall apply to each amount described in
subsection (b) in the same manner as such section applies to
the limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2029.
``(b) Amounts Described.--The amounts described in this
subsection are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by
a candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may
retain for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 545. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with
respect to an election for an office, the period beginning on
the day after the date of the most recent general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election) and ending
on the date of the next general election for that office (or,
if the general election resulted in a runoff election, the
date of the runoff election).
``SEC. 546. DIVISION DIRECTOR DEFINED.
``In this title, the term `Division Director' means the
individual serving as the director of the division
established under section 542.''.
SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
AND POLITICAL PARTY COMMITTEES ON BEHALF OF
PARTICIPATING CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section
315(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)) is amended by adding at the end the
following new paragraph:
``(10) In the case of a multicandidate political committee
or any political committee of a political party, the
committee may make a contribution to a candidate who is a
participating candidate under title V with respect to an
election only if the contribution is paid from a separate,
segregated account of the committee which consists solely of
contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From
Small Dollar Sources by Political Parties.--Section 315(d) of
such Act (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in
the case of expenditures in connection with the general
election campaign of a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is a participating candidate under title V
with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(10); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING
CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR
ELECTION.
Section 313 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30114) is amended by adding at the end the
following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph
(2), (3), or (4) of subsection (a), if a candidate for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress is certified as a
participating candidate under title V with respect to the
election, any contribution which the candidate is permitted
to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for
such office, subject to section 503(b).''.
SEC. 8114. DEADLINE FOR REGULATIONS; EFFECTIVE DATE.
(a) In General.--Not later than October 1, 2026, the
Federal Election Commission shall promulgate such regulations
as may be necessary to carry out this part and the amendments
made by this part.
(b) Effective Date.--This part and the amendments made by
this part shall take effect on October 1, 2026, without
regard to whether the Commission has promulgated the
regulations required under subsection (a) by such date.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help
America Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to
privilege the independently wealthy who want to run, because
given the demands of running for office, candidates who must
work to pay for childcare or to afford health insurance are
effectively being left out of the process, even if they have
sufficient support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans
who have firsthand knowledge of the importance of stable
childcare, a safety net, or great public schools are less
likely to get a seat at the table. This governance by the few
is antithetical to the democratic experiment, but most
importantly, when lawmakers do not share the concerns of
everyday Americans, their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York
Times reported in 2019 that fewer than 5 percent of
representatives cite blue-collar or service jobs in their
biographies. A 2020 analysis by OpenSecrets of lawmakers'
personal financial disclosure statements showed that the
median net worth of lawmakers was just over $1,000,000, or
nearly 9 times the median net worth of American families.
[[Page S4488]]
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves.
For instance, women are 51 percent of the American
population. Yet even with a record number of women serving in
the One Hundred Eighteenth Congress, the Pew Research Center
notes that nearly three out of four Members of this Congress
are male. The Center for American Women and Politics found
that one third of women legislators surveyed had been
actively discouraged from running for office, often by
political professionals. This type of discouragement,
combined with the prohibitions on using campaign funds for
domestic needs like childcare, burdens that still fall
disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived
experience of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as
prospective public servants. In fact, helping ordinary
Americans to run may create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure
that all Americans who are otherwise qualified to serve this
Nation are able to run for office, regardless of their
economic status. By expanding permissible uses of campaign
funds and providing modest assurance that testing a run for
office will not cost one's livelihood, the Help America Run
Act will facilitate the candidacy of representatives who more
accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER
PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN
EXPENDITURE.
(a) Personal Use Services as Authorized Campaign
Expenditure.--Section 313 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30114), as amended by section 8113, is
amended by adding at the end the following new subsection:
``(e) Treatment of Payments for Child Care and Other
Personal Use Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate
for any of the personal use services described in paragraph
(3) shall be treated as an authorized expenditure if the
services are necessary to enable the participation of the
candidate in campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total amount
of payments made by an authorized committee of a candidate
for personal use services described in paragraph (3) may not
exceed the limit which is applicable under any law, rule, or
regulation on the amount of payments which may be made by the
committee for the salary of the candidate (without regard to
whether or not the committee makes payments to the candidate
for that purpose).
``(B) Corresponding reduction in amount of salary paid to
candidate.--To the extent that an authorized committee of a
candidate makes payments for the salary of the candidate, any
limit on the amount of such payments which is applicable
under any law, rule, or regulation shall be reduced by the
amount of any payments made to or on behalf of the candidate
for personal use services described in paragraph (3), other
than personal use services described in subparagraph (D) of
such paragraph.
``(C) Exclusion of candidates who are officeholders.--
Paragraph (1) does not apply with respect to an authorized
committee of a candidate who is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided on
behalf of any dependent who is a qualifying relative under
section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to
carry out such amendments.
Subtitle D--Empowering Small Dollar Donations
SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE
ENHANCED SUPPORT FOR HOUSE CANDIDATES THROUGH
USE OF SEPARATE SMALL DOLLAR ACCOUNTS.
(a) Increase in Limit on Contributions to Candidates.--
Section 315(a)(2)(A) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking
``exceed $5,000'' and inserting ``exceed $5,000 or, in the
case of a contribution made by a national committee of a
political party from an account described in paragraph (11),
exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--
Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is
amended by striking ``subsection (a)(9)'' and inserting
``subsection (a)(9) or subsection (a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52
U.S.C. 30116(a)), as amended by section 8112(a), is amended
by adding at the end the following new paragraph:
``(11) An account described in this paragraph is a
separate, segregated account of a national congressional
campaign committee of a political party which--
``(A) supports only candidates for election for the office
of Representative in, or Delegate or Resident Commissioner
to, the Congress; and
``(B) consists exclusively of contributions made during a
calendar year by individuals whose aggregate contributions to
the committee during the year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such
amendments.
Subtitle E--Severability
SEC. 8401. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
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