[Congressional Record Volume 172, Number 54 (Monday, March 23, 2026)]
[Senate]
[Pages S1548-S1549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4749. Mr. WARNOCK submitted an amendment intended to be proposed
by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Election
Subversion Act of 2026''.
SEC. 2. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION
ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS
FOR FEDERAL OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution of the United States, including by establishing
standards for the fair, impartial, and uniform administration
of Federal elections by State and local officials.
(2) The Elections Clause was understood from the framing of
the Constitution of the United States to contain ``words of
great latitude,'' granting Congress broad power over Federal
elections and a plenary right to preempt State regulation in
this area. As made clear at the Constitutional Convention and
the State ratification debates that followed, this grant of
congressional authority was meant to ``insure free and fair
elections,'' promote the uniform administration of Federal
elections, and ``preserve and restore to the people their
equal and sacred rights of election.''.
(3) In the founding debates on the Elections Clause, many
delegates also argued that a broad grant of authority to
Congress over Federal elections was necessary to check any
``abuses that might be made of the discretionary power'' to
regulate the time, place, and manner of elections granted the
States, including attempts at partisan entrenchment,
malapportionment, and the exclusion of political minorities.
As the Supreme Court has recognized, the Elections Clause
empowers Congress to ``protect the elections on which its
existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658
(1884), and ``protect the citizen in the exercise of rights
conferred by the Constitution of the United States essential
to the healthy organization of the government itself,'' id.
at 666.
(4) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879),
allowing Congress to implement ``a complete code for
congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366
(1932). The Elections Clause, unlike, for example, the
Commerce Clause, has been found to grant Congress the
authority to compel States to alter their regulations as to
Federal elections, id. at 366-67, even if these alterations
would impose additional costs on the States to execute or
enforce. Association of Community Organizations for Reform
Now v. Miller, 129 F.3d 833 (6th Cir. 1997).
(5) The phrase ``manner of holding elections'' in the
Elections Clause has been interpreted by the Supreme Court to
authorize Congress to regulate all aspects of the Federal
election process, including ``notices, registration,
supervision of voting, protection of voters, prevention of
fraud and corrupt practices, counting of votes, duties of
inspectors and canvassers, and the making and publication of
election returns.'' Smiley v. Holm, 285 U.S. 355, 366 (1932).
(6) The Supreme Court has recognized the broad
``substantive scope'' of the Elections Clause and upheld
Federal laws promulgated thereunder regulating redistricting,
voter registration, campaign finance, primary elections,
recounts, party affiliation rules, and balloting.
(7) The authority of Congress under the Elections Clause
also entails the power to ensure enforcement of its laws
regulating Federal elections. ``[I]f Congress has the power
to make regulations, it must have the power to enforce
them.'' Ex parte Siebold, 100 U.S. 371, 387 (1879). The
Supreme Court has noted that there can be no question that
Congress may impose additional penalties for offenses
committed by State officers in connection with Federal
elections even if they differ from the penalties prescribed
by State law for the same acts. id. at 387-88.
(8) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government,'' Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting
. . . and the election itself from corruption or fraud,'' id.
at 661-62.
(9) The Elections Clause thus grants Congress the authority
to ensure that the administration of Federal elections is
free of political bias or discrimination and that election
officials are insulated from political influence or other
forms of coercion in discharging their duties in connection
with Federal elections.
(10) In some States, oversight of local election
administrators has been allocated to State Election Boards,
or special commissions formed by those boards, that are
appointed by the prevailing political party in a State, as
opposed to nonpartisan or elected office holders.
(11) In certain newly enacted State policies, these
appointed statewide election administrators have been granted
wide latitude to suspend or remove local election
administrators in cases where the statewide election
administrators identify whatever the State deems to be a
violation. There is no requirement that there be a finding of
intent by the local election administrator to commit the
violation.
(12) Local election administrators across the country can
be suspended or removed according to different standards,
potentially exposing them to different political pressures or
biases that could result in uneven administration of Federal
elections.
(13) The Elections Clause grants Congress the ultimate
authority to ensure that oversight of State and local
election administrators is fair and impartial in order to
ensure equitable and uniform administration of Federal
elections.
(b) Restriction.--
(1) Standard for removal of a local election
administrator.--A statewide election administrator may only
suspend, remove, or relieve the duties of a local election
administrator in the State with respect to the administration
of an election for Federal office for inefficiency, neglect
of duty, or malfeasance in office.
(2) Private right of action.--
(A) In general.--Any local election administrator
suspended, removed, or otherwise relieved of duties in
violation of paragraph (1) with respect to the administration
of an election for Federal office or against whom any
proceeding for suspension, removal, or relief from duty in
violation of paragraph (1) with respect to the administration
of an election for Federal office may be pending, may bring
an action in an appropriate district court of the United
States for declaratory or injunctive relief with respect to
the violation. Any such action shall name as the defendant
the statewide election administrator responsible for the
adverse action. The district court shall, to the extent
practicable, expedite any such proceeding.
(B) Statute of limitations.--Any action brought under this
subsection must be commenced not later than 1 year after the
date of the suspension, removal, relief from duties, or
commencement of the proceeding to remove, suspend, or relieve
the duties of a local election administrator with respect to
the administration of an election for Federal office.
(3) Attorney's fees.--In any action or proceeding under
this subsection, the court may allow a prevailing plaintiff,
other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing plaintiff'' means a
plaintiff that substantially prevails pursuant to a judicial
or administrative judgment or order, or an enforceable
written agreement.
(4) Removal of state proceedings to federal court.--A local
election administrator who is subject to an administrative or
judicial proceeding for suspension, removal, or
[[Page S1549]]
relief from duty by a statewide election administrator with
respect to the administration of an election for Federal
office may remove the proceeding to an appropriate district
court of the United States. Any order remanding a case to the
State court or agency from which it was removed under this
subsection shall be reviewable by appeal or otherwise.
(5) Right of united states to intervene.--
(A) Notice to attorney general.--Whenever any
administrative or judicial proceeding is brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office, the statewide election administrator who initiated
such proceeding shall deliver a copy of the pleadings
instituting the proceeding to the Assistant Attorney General
for the Civil Rights Division of the Department of Justice.
The local election administrator against whom such proceeding
is brought may also deliver such pleadings to the Assistant
Attorney General.
(B) Right to intervene.--The United States may intervene in
any administrative or judicial proceeding brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office and in any action initiated pursuant to paragraph (2)
or in any removal pursuant to paragraph (4).
(6) Review.--In reviewing any action brought under this
section, a court of the United States shall not afford any
deference to any State official, administrator, or tribunal
that initiated, approved, adjudicated, or reviewed any
administrative or judicial proceeding to suspend, remove, or
otherwise relieve the duties of a local election
administrator.
(c) Reports to the Department of Justice.--
(1) In general.--Not later than 30 days after the
suspension, removal, or relief of the duties of a local
election administrator by a statewide election administrator,
the Statewide election administrator shall submit to the
Assistant Attorney General for the Civil Rights Divisions of
the Department of Justice a report that includes the
following information:
(A) A statement that a local election administrator was
suspended, removed, or relieved of their duties.
(B) Information on whether the local election administrator
was determined to be inefficient or to have engaged in
neglect of duty or malfeasance in office.
(C) A description of the effect that the suspension,
removal, or relief of the duties of the local election
administrator will have on--
(i) the administration of elections and voters in the
election jurisdictions for which the local election official
provided such duties; and
(ii) the administration of elections and voters in the
State at large.
(D) Demographic information about the local election
official suspended, removed, or relieved and the
jurisdictions for which such election official was providing
the duties suspended, removed, or relieved.
(E) Such other information as requested by the Assistant
Attorney General for the purposes of determining--
(i) whether such suspension, removal, or relief of duties
was based on unlawful discrimination; and
(ii) whether such suspension, removal, or relief of duties
was due to inefficiency, neglect of duty, or malfeasance in
office.
(2) Expedited reporting for actions within 30 days of an
election.--
(A) In general.--If a suspension, removal, or relief of
duties of a local administrator described in paragraph (1)
occurs during the period described in subparagraph (B), the
report required under paragraph (1) shall be submitted not
later than 48 hours after such suspension, removal, or relief
of duties.
(B) Period described.--The period described in this
subparagraph is any period which begins 60 days before the
date of an election for Federal office and which ends 60 days
after such election.
(d) Definitions.--In this section, the following
definitions apply:
(1) Election.--The term ``election'' has the meaning given
the term in section 301(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(1)).
(2) Federal office.--The term ``Federal office'' has the
meaning given the term in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
(3) Local election administrator.--The term ``local
election administrator'' means, with respect to a local
jurisdiction in a State, the individual or entity responsible
for the administration of elections for Federal office in the
local jurisdiction.
(4) Statewide election administrator.--The term ``statewide
election administrator'' means, with respect to a State--
(A) the individual or entity, including a State elections
board, responsible for the administration of elections for
Federal office in the State on a statewide basis; or
(B) a statewide legislative or executive entity with the
authority to suspend, remove, or relieve a local election
administrator.
(e) Rule of Construction.--Nothing in this section shall be
construed to grant any additional authority to remove a local
elections administrator beyond any authority provided under
the law of the State.
SEC. 3. PROTECTIONS FOR VOTERS ON ELECTION DAY.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. VOTER PROTECTION REQUIREMENTS.
``(a) Requirements for Challenges by Persons Other Than
Election Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote
in an election for Federal office or to vote in an election
for Federal office unless that challenge is supported by
personal knowledge with respect to each individual challenged
regarding the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the
challenge is ineligible to register to vote or vote in that
election, except a challenge that is based on the race,
color, ethnicity, national origin, or membership in a
language minority group (as defined in section 14 of the
Voting Rights Act of 1965 (52 U.S.C. 10310)) of the
individual who is the subject of the challenge may not be
considered to have a good faith factual basis for purposes of
this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to vote in
an election for Federal office on the date of the election on
grounds that could have been made in advance of such date; or
``(B) to challenge an individual's eligibility to register
to vote in an election for Federal office or to vote in an
election for Federal office less than 10 days before the
election unless the individual registered to vote less than
20 days before the election.
``(b) Effective Date.--This section shall apply with
respect to elections for Federal office occurring on and
after January 1, 2026.''.
(b) Conforming Amendment Relating to Enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``and 303'' and inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303 the following:
``Sec. 303A. Voter protection requirements.''.
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