[House Report 118-577]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-577
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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PROMOTING FREE AND FAIR ELECTIONS ACT OF 2023
_______
July 8, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Steil, from the Committee on House Administration, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 6493]
The Committee on House Administration, to whom was referred
the bill (H.R. 6493) to limit the involvement of Federal
agencies in voter registration activities, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Committee Action................................................. 9
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Statement of Constitutional Authority............................ 17
Committee Oversight Findings..................................... 17
Statement of Budget Authority and Related Items.................. 17
Congressional Budget Office Estimate............................. 17
Performance Goals and Objectives................................. 17
Duplication of Federal Programs.................................. 18
Advisory on Earmarks............................................. 18
Federal Mandates Statement....................................... 18
Advisory Committee Statement..................................... 18
Applicability to Legislative Branch.............................. 18
Section-by-Section Analysis...................................... 18
Changes in Existing Law as Reported.............................. 19
Dissenting Views................................................. 24
The amendment (stated in terms of the page and line numbers
of the introduced bill) is as follows:
Page 1, line 4, strike ``Promoting Free and Fair Elections
Act of 2023'' and insert ``Safeguarding Electoral Integrity Act
of 2023''.
Purpose and Summary
H.R. 6493, the Safeguarding Electoral Integrity Act of
2023, introduced by Representative Harriet M. Hageman (WY-At
Large) and co-sponsored by Representatives Randy Weber, Sr.
(TX-14) and Claudia Tenney (NY-24), repeals President Biden's
``Executive Order on Promoting Access to Voting'' (Exec. Order
No. 14019), and requires a report to be submitted to the United
States House Committee on House Administration, House Committee
on Judiciary, Senate Committee on Rules and Administration, and
Senate Committee on Judiciary of all activities carried out by
every executive branch agency under the order. The order also
prevents executive branch agency funds made available for
salaries or expenses from being used to enter into voter
registration or mobilization agreements with nongovernmental
organizations and prohibits the Secretary of Education from
entering into agreements with institutions of higher education
that involve registering or mobilizing voters on or off the
campus of the institution. President Biden's executive order
rests on questionable legal authority and this legislation
would repeal the order and prevent the executive branch from
engaging in the same or similar conduct.
Background and Need For Legislation
BACKGROUND
Article I, Section 4 of the United States Constitution\1\
(``the Elections Clause'') explains that the States have the
primary authority over election administration, the ``times,
places, and manner of holding elections,'' which includes voter
registration. Conversely, the Constitution grants the Congress
a purely secondary role\2\ to alter or create election laws
only in the extreme cases of invasion, legislative neglect, or
obstinate refusal to pass election laws. As do other aspects of
our federal system, this division of sovereignty continues to
serve to protect one of Americans' most precious freedoms, the
right to vote.\3\
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\1\U.S. Const. art. I, Sec. 4, cl. 1 (``[t]he Times, Places and
Manner of holding Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the Congress
may at any time by Law make or alter such Regulations . . .'').
\2\Although the text of the Elections Clause, read literally and
without context, might suggest Congress has unlimited authority in this
space, an examination of an examination of history, precedent, the
Framers' words, debates concerning ratification, the Supreme Court, and
the Constitution itself provide that this is not the case. See Report:
The Elections Clause: States' Primary Constitutional Authority Over
Elections, Comm. on H. Admin. (Republicans)
(Aug. 12, 2021), https://republicanscha.house.gov/sites/
republicans.cha.house.gov/files/documents/
Report_The%20Elections%20Clause_States%20Primary%20Constitutional%20Auth
ority%20over
%20Elections%20%28Aug%2011%202021%29.pdf.
\3\Id.
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The National Voter Registration Act (``NVRA'') was signed
into law by President Bill Clinton in 1993 ``to establish
procedures that will increase the number of eligible citizens
who register to vote in elections for Federal office; . . .
protect the integrity of the electoral process; and . . .
ensure that accurate and current voter registration rolls are
maintained.''\4\ The legislation is commonly referred to as the
``motor voter'' law because it requires States to provide
individuals with voter registration materials when they apply
for a driver's license.\5\
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\4\52 U.S.C. Sec. 20501(b).
\5\Id. at Sec. 20503(a).
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The NVRA requires States to designate certain public places
as voter registration agencies where the State provides voter
registration materials to individuals.\6\ States are required
to designate ``all offices in the State that provide public
assistance; and all offices in the State that provide State-
funded programs primarily engaged in providing services to
persons with disabilities'' as voter registration agencies.\7\
States must also designate other public places controlled by
the State or local government as voter registration agencies,
but have a choice between libraries, schools, offices of city
and county clerks, fishing and hunting license bureaus,
government revenue offices, unemployment compensation offices,
as well as federal and nongovernmental offices if those offices
agree.\8\
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\6\Id. at Sec. 20506(a)(1); See also id. at Sec. 20502(5) defining
voter registration agency as ``an office designated under section
20506(a)(1) of this title to perform voter registration activities.''
\7\Id. at Sec. 20506(a)(2)(a)-(b).
\8\Id. at Sec. Sec. 20506(a)(3)(A)-(B).
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At the voter registration agency, there must be an official
tasked with helping and providing individuals with voter
registration materials. Under the NVRA, these individuals are
prohibited from seeking to influence an applicant's party
registration, displaying any political party preferences,
making any statement or taking an action with the purpose or
effect of discouraging the applicant from registering to vote
or to leading the applicant to believe that a decision to
register or not register has any bearing on the availability of
services or benefits.\9\
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\9\Id. at Sec. 20506(a)(5)(A)-(D).
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Following the passage of the NVRA, President Clinton issued
an executive order, Implementation of the National Voter
Registration Act of 1993\10\ that required executive branch
agencies to be designated as voter registration agencies if
requested by the State, and the agreement to become a voter
registration agency was ``consistent with the . . . agency's .
. . legal authority and availability of funds.''\11\ While the
executive order legally remained in effect under Presidents
Bush, Obama, and Trump, it does not appear any of those
presidents sought to utilize or see the full-scale
implementation that President Clinton desired.
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\10\Exec. Order. No. 12926, 59 Fed. Reg 177 (Sept. 14, 1994).
\11\Id. at 3(a).
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On March 7, 2021, President Joe Biden signed an executive
order, ``Executive Order on Promoting Access to Voting''\12\
(``President Biden's order''). While the directive to federal
agencies to ``consider ways to expand citizens' opportunities
to register to vote and to obtain information about, and
participate in, the electoral process'' sounds commendable in
theory, it reflects a startling expansion of the federal
government into election administration, a space for which the
Constitution clearly dictates states have primary
authority.\13\
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\12\Exec. Order No. 14019, 86 Fed. Reg 19569 (Mar. 7, 2021).
\13\U.S. Const. Art. I, Sec. 4, cl. 1; see also supra note 2.
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Under Section 3 of President Biden's order, federal
agencies--even those with no statutory authorization to do so--
are required to ``consider ways to expand citizens'
opportunities to register to vote and to obtain information
about, and participate in, the electoral process.''\14\ As
such, the head of each federal agency is required to evaluate
how the agency can promote voter registration and voter
participation, including, but not limited to, providing voting
information in the course of activities or services that
directly engage with the public through agency materials,
websites, online forms, social media platforms, and providing
links on agency websites to State online voter registration
systems. In addition, the agency head should attempt to provide
access to voter registration services and vote-by-mail ballot
applications in the course of activities or services that
directly engage with the public, including assisting applicants
in completing voter registration and vote-by-mail ballot
applications, and soliciting and facilitating nonpartisan
third-party organizations and State officials to provide voter
registration services on agency premises. Within 200 days of
the issuance of the order, each agency head is required to
submit to the Assistant to the President for Domestic Policy a
strategic plan outlining ways the agency plans to accomplish
these goals.
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\14\Exec. Order No. 14019, 86 Fed. Reg 19569 (Mar. 7, 2021).
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Under Section 4 of President Biden's order, each agency is
required to be designated as a voter registration agency under
the NVRA if requested by the State. If the agency declines the
State's request, a written explanation to the president
explaining the decision must be provided. In addition, each
agency head is required to evaluate where and how the agency
provides services to the public and notify the States in which
it provides services that it would like to be designated a
voter registration agency.
Under Section 5 of President Biden's order, the General
Services Administration (GSA) is required to take steps to
modernize and improve Vote.gov, a website controlled by the
federal government that helps individuals with registering to
vote in the State they reside. GSA is required to coordinate
with the Election Assistance Commission, other federal
agencies, and other stakeholders like civil rights and
disability rights advocates, Tribal Nations, and nonprofit
groups that study best practices for using technology to
promote civic engagement. Within 200 days of the issuance of
the order, GSA is required to submit to the Assistant to the
President for Domestic Policy a plan that outlines steps to
improve Vote.gov.
Under Section 6 of President Biden's order, the Director of
the Office of Personnel Management is required, within 200 days
of the order being issued, to coordinate with the heads of
certain federal agencies, to provide recommendations to the
president for strategies to expand the federal government's
policy of granting employees time off to vote in federal,
State, local, Tribal, and territorial elections, and better
support federal employees that want to volunteer to serve as
non-partisan poll workers or non-partisan election observers.
Under Section 9 of President Biden's order, the Attorney
General of the United States is required to establish
procedures to provide educational materials related to voter
registration, and to facilitate voter registration for
individuals in the custody of the Federal Bureau of Prisons.
These materials will notify individuals leaving Federal Custody
of the restrictions on their right to vote under the laws of
the State where they reside, and if restrictions exist, when
their rights may be restored under State law. The Attorney
General is also required to work with the United States
Marshals Service and the Probation and Pretrial Services Office
of the Administrative Office of the United States Courts to
ensure individuals in the custody of the Federal Bureau of
Prisons have access to educational materials related to voter
registration and voting, and to facilitate voting by mail.
Finally, the Attorney General is required to take steps
consistent with applicable law to support formerly incarcerated
individuals by helping them obtain an identification that
satisfies their state's voter identification law.
President Biden's order gave a 200-day window for several
of the newly required plans to be submitted to different White
House officials. Because it was issued on March 17, 2021, 200
days after that date was October 3, 2021. Today, more than two
years later, none of these reports have been made available to
the public.
On March 29, 2022, nine Republican leaders in the House of
Representatives sent a letter to Susan Rice, the former
Director of the White House Domestic Policy Council, and
Shalanda Young, the Director of the Office of Management and
Budget raising concerns with the constitutional and legal
authority behind the order, the practical aspects of
implementing the order, and asking for each agency's plan under
section 3.\15\ The letter was signed by Representatives Rodney
Davis, former Ranking Member of the Committee on House
Administration, Glenn Thompson, former Ranking Member of the
Committee on Agriculture, Blaine Luetkemeyer, former Ranking
Member of the Committee on Small Business, James Comer, former
Ranking Member of the Committee on Oversight and Reform, Cathy
McMorris Rodgers, former Ranking Member of the Committee on
Energy and Commerce, Virginia Foxx, former Ranking Member of
the Committee on Education and Labor, Andy Harris, former
Ranking Member on the Committee on Appropriation's Subcommittee
on Agriculture Appropriations, Bryan Steil, former Ranking
Member of the Committee on House Administration Subcommittee on
Elections, and Steve Womack, former Ranking Member on the
Committee on Appropriations Subcommittee on Financial Services
and General Government Appropriations.
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\15\Nine House Republican Committee Leaders Raise Concerns on Biden
Administration Directing Federal Agencies to Engage in Voting Access &
Registration Activities, U.S. House Committee on Oversight and
Accountability (Mar. 29, 2022), https://oversight.house.gov/release/
nine-house-republican-committee-leaders-raise-concerns-on-biden-
administration-directing-federal-agencies-to-engage-in-voting-access-
registration-activities/.
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On June 15, 2022, the same nine Republican leaders in the
House of Representatives, along with several others, sent
letters substantively similar to the March 29, 2022,
correspondence to several executive branch agencies. As such,
letters from the members serving on the committees of
jurisdiction were sent to the U.S. Department of Education,
U.S. Department of Labor, National Labor Relations Board, U.S.
Equal Employment Opportunity Commission, U.S. Small Business
Administration, U.S. Office of Personnel Management, General
Services Administration, U.S. Department of Health and Human
Services, U.S. Department of Energy, U.S. Environmental
Protection Agency, U.S. Department of Commerce, and U.S.
Department of Agriculture.\16\
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\16\AGENCY BLITZ: House Republican Committees Demand Answers on
Biden Administration's Voting Executive Order, U.S. House Committee on
House Administration (June 15, 2022), https://cha.house.gov/press-
releases?ID=146E357B-A779-4708-819A-BF14B1FACDFE.
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In the 117th Congress, two bills were introduced in the
House of Representatives that would have repealed or strictly
limited President Biden's order. First, former Representative
Ted Budd introduced H.R. 8461, the Promoting Free and Fair
Elections Act,\17\ which would have prohibited agency funds
from being used to enter into agreements with nongovernmental
organizations to conduct voter registration or mobilization
activities, and prohibited agency funds from being used to
implement President Biden's order until 180 days after the
agency submits its section 3 report to the United States House
Committee on House Administration, the House Committee on the
Judiciary, the United States Senate Committee on Rules and
Administration, and the Senate Committee on the Judiciary or,
if the agency did not develop or submit a section 3 report, the
date on which the agency head certifies to the congressional
committees above that it did not develop or submit a report. In
addition, the legislation would have required each agency head
to submit to Congress, within 30 days of the bill's enactment,
a report describing the activities the agency carried out under
sections 3 and 4 of President Biden's order. The legislation
was cosponsored by two of H.R. 6493's cosponsors--
Representatives Claudia Tenney and Randy Weber, Sr.
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\17\H.R. 8461--117th Congress (2021-2022): Promoting Free and Fair
Elections Act, H.R. 8461, 117th Cong. (2022), https://www.congress.gov/
bill/117th-congress/house-bill/8461.
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Additionally, former Ranking Member on the Committee on
House Administration, Representative Rodney Davis (IL-13),
introduced H.R. 8528, the American Confidence in Elections
Act,\18\ in the 117th Congress, which would have repealed all
of President Biden's order except for the provisions of section
4 that allow federal agencies to be designated as voter
registration agencies under the NVRA. That legislation featured
43 co-sponsors, including Representative Claudia Tenney.
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\18\H.R. 8528--117th Congress (2021-2022): ACE Act, H.R. 8528,
117th Cong. (2022), https://www.congress.gov/bill/117th-congress/house-
bill/8528.
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In the 118th Congress, Representative Bryan Steil (WI-01),
introduced H.R. 4563, an updated version of the American
Confidence in Elections Act,\19\ which continued to include
language to repeal the same sections of President Biden's order
as the version of the bill from the 117th Congress. As of
publication of this report, the legislation has 127 co-
sponsors, including Representative Tenney. Representative
Claudia Tenney also re-introduced H.R. 4500, the Promoting Free
and Fair Elections Act, which would achieve similar ends.\20\
This legislation is identical to Representative Budd's
Promoting Free and Fair Elections Act that was introduced in
the 117th Congress, except that it added a section that would
prohibit the Secretary of Education from entering into
agreements with institutions of higher education that involve
registering or mobilizing voters on or off the campus of the
institution.
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\19\H.R. 4563--118th Congress (2023-2024): American Confidence in
Elections Act, H.R. 4563, 118th Cong. (2023), https://www.congress.gov/
bill/118th-congress/house-bill/4563.
\20\H.R. 4500--118th Congress (2023-2024): Promoting Free and Fair
Elections Act, H.R. 4500, 118th Cong. (2023), https://www.congress.gov/
bill/118th-congress/house-bill/4500.
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The language included in H.R. 4563, the American Confidence
in Elections Act, with respect to the repeal of President
Biden's executive order, was introduced by Representative
Harriet Hageman (WY-At Large) on November 29, 2023, as H.R.
6493, the Safeguarding Electoral Integrity Act of 2023.
NEED FOR LEGISLATION
Representative Harriet Hageman's (WY-At Large) H.R. 6493,
the Safeguarding Electoral Integrity Act of 2023,\21\ would
repeal President Biden's order and prohibit agency funds
provided for salaries and expenses from being used to enter
into agreements with nongovernmental organizations to conduct
voter registration or mobilization activities. The legislation
would also require every federal agency to submit a report
detailing activities it took under sections 3 and 4 of
President Biden's order to the United States House Committee on
House Administration, the House Committee on Judiciary, the
United States Senate Committee on Rules and Administration, and
the Senate Committee on the Judiciary. Finally, it would
prohibit the Secretary of Education from entering into
agreements with institutions of higher education that involve
registering or mobilizing voters on or off the campus of the
institution. While the relevant language of H.R. 6493 and H.R.
4500 is not identical, both approaches achieve similar policy
goals and are worthwhile for consideration by the full House.
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\21\H.R. 6493--118th Congress (2023-2024): Promoting Free and Fair
Elections Act of 2023, H.R. 6493, 118th Cong. (2023), https://
www.congress.gov/bill/118th-congress/house-bill/6493.
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The American system of governance requires federal actions
to comport always with the Constitution and other federal law.
According to the Elections Clause,\22\ States have the primary
role in establishing election law and administering elections.
To the extent that the Elections Clause contains a federal
fail-safe, it is Congress to whom the Constitution delegates
that power, not the president. The president's constitutional
role is limited to enforcing enacted legislation passed by
Congress; therefore, the president must exercise great
restraint when attempting to act on election law. When Congress
believes that the president has taken an action that exceeds
his statutory and constitutional authority, Congress has its
own constitutional responsibility to respond.
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\22\U.S. Const. art. I, Sec. 4, cl. 1.
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The Committee on House Administration holds sincerely that
every eligible American who wants to register to vote should be
afforded the opportunity to do so, and the Committee encourages
all eligible Americans to exercise their fundamental right to
vote according to their conscience.
However, President Biden's order goes beyond the power of
the president and the statutory authority given to federal
agencies by requiring the use of taxpayer funds authorized and
appropriated for other purposes to assist individuals with
registering to vote or casting a ballot, expanding the use of
Vote.gov and suggesting agencies add a link to it on their
websites, and proposing ways to increase federally funded
government employee participation in the voting process.\23\
President Biden's order expands the reach of federal agencies
into voter registration activities, which is not their proper
statutory role.
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\23\Exec. Order No. 14019, 86 Fed. Reg 19569 (Mar. 7, 2021).
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Federal agencies exist to address discrete problems. Each
agency is tasked by Congress to focus on a limited set of
issues in order to develop expertise and best serve the public.
Under President Biden's order, when people seek help from a
federal agency for requests such as receiving nutrition
assistance or verifying their veteran health benefits, they
might be asked whether they are registered to vote, or how the
agency can help them register to vote. This means these
agencies will be spreading their finite resources even further,
drawing attention away from their core functions. This is also
an expansion of federal agencies beyond their statutorily
designated tasks. The Department of Labor and the Department of
the Interior, for example, have no statutory or logical role in
voter administration, yet President Biden's order tasks them to
develop new voter registration activities for which they are
not appropriately equipped.
It is also telling that in the 20 years that the NVRA has
been in effect, President Biden is the first to direct
executive branch agencies in this way. While President
Clinton's executive order instructed agencies to be designated
as voter registration agencies if the State requested and if it
was consistent with the agency's funds and legal authority,
President Biden's order does not contain similar limiting
language. In fact, President Biden's order ensures that federal
agencies spend time and taxpayer funded resources assisting
with voter registration regardless of their designation as a
voter registration agency under the NVRA, their statutory
authorization, or the purpose of the funds appropriated for
that agency's work. Indeed, the fact that no federal agency nor
the White House has explained the legal authority that
underpins this executive order might not be by mistake.
On March 23, 2022, the U.S. Department of Agriculture's
Food, Nutrition, and Consumer Services sent four letters to
state agencies encouraging them to provide local program
operators with promotional materials, including voter
registration information.\24\ While the Supplemental Nutrition
Assistance Program (``SNAP'') letter reiterates existing
responsibilities under the National Voter Registration Act, the
Department's direction that ``the cost of providing voter
registration services, including application processes and
training for staff, are allowable SNAP administrative expenses
and are reimbursed at the 50 percent level'' is legally
questionable.\25\ Using the nation's multi-billion-dollar
domestic nutrition program to implement President Joe Biden's
voter registration scheme is not only a cause for concern but
one that necessitates action.
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\24\Promoting Access to Voting through the Child Nutrition
Programs, U.S. Department of Agriculture (Mar. 23, 2022), https://
www.fns.usda.gov/cn/promoting-voting-access.
\25\Id.
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Another concern with respect to President Biden's order is
that Americans who are not registered to vote, do not vote, or
who voted for someone other than the president in office at
that time could be concerned the agency may retaliate or refuse
them assistance on the basis of their choices at the ballot box
or decision not to vote. Thus, they may avoid reaching out to
the agency, failing to get assistance. Federal agencies collect
a dearth of personal information on people who come to them for
assistance or are otherwise required to file forms and have a
history of using this information against political adversaries
of whichever party holds the White House.\26\ It would not be
unreasonable for a citizen to be concerned about the relation
between President Biden's new effort to expand voter
registration activities and the routine collection of personal
information by federal agencies.
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\26\Peter Overby, IRS Apologizes for Aggressive Scrutiny of
Conservative Groups, NPR
(Oct. 27, 2017), https://www.npr.org/2017/10/27/560308997/irs-
apologizes-for-aggressive-scrutiny-of-conservative-groups.
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Instead of propping up new federal programs to register
voters, the federal government should look to the agency that
is already tasked with assisting voter registration efforts,
the Election Assistance Commission (``EAC''). As the only
federal agency statutorily intended to assist in the election
administration space,\27\ the EAC is well-equipped to support
states, counties, and municipalities in their voter
registration efforts. Made up of election experts with decades
of experience,\28\ the EAC already works with states to develop
and fund voter education. The EAC also serves as the custodian
of the National Mail Voter Registration Form and works with
states to include to state-specific instructions.\29\ With an
agency as robustly prepared to assist in voter registration
information already in existence, there is no need to expend
federal funds and resources for other, less-qualified federal
agencies to enter the election administration space.
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\27\52 U.S.C. Sec. 20922.
\28\Id. at Sec. Sec. 20923-20924.
\29\UNITED STATES ELECTION ASSISTANCE COMMISSION, National Mail
Voter Registration Form U.S. Election Assistance Commission,
UNITED STATES ELECTION ASSISTANCE COMMISSION (Oct. 11, 2023), https://
www.eac.gov/voters/national-mail-voter-registration-form.
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Committee Action
INTRODUCTION AND REFERRAL
On November 29, 2023, Representative Harriet Hageman (WY-At
Large), joined by Representatives Randy Weber, Sr. (TX-14) and
Claudia Tenney (NY-24), introduced H.R. 6493, the Safeguarding
Electoral Integrity Act 2023. The bill was referred to the U.S.
House of Representatives Committee on House Administration,
U.S. House of Representatives Committee on House Judiciary,
U.S. House of Representatives Committee on House Oversight and
Accountability, U.S. House of Representatives Committee on
Science, Space, and Technology, and U.S. House of
Representatives Committee on House Education and the Workforce.
HEARINGS
For the purposes of clause 3(c)(6)(A) of House rule XIII,
in the 118th Congress, the Committee held two full committee
hearings and one subcommittee hearing to develop H.R. 6493.
1. On April 27, 2023, the Committee held a full
committee hearing titled, ``American Confidence in
Elections: State Tools to Promote Voter Confidence.''
The hearing focused on Title I of H.R. 4563, the
American Confidence in Elections Act, what tools States
need to boost voter integrity and strengthen voter
confidence, and how the federal government can provide
States with access to the information needed to
accomplish these goals. Witnesses included: The
Honorable Ken Cuccinelli, Chairman, Election
Transparency Initiative, The Honorable Hans von
Spakovsky, Manager, Election Law Reform Initiative and
Senior Legal Fellow, on behalf of The Heritage
Foundation, The Honorable Mac Warner, West Virginia
Secretary of State, The Honorable Donald Palmer,
Commissioner, U.S. Election Assistance Commission, and
Mr. Joseph Paul Gloria, Chief Executive Officer for
Operations, Election Center.\30\
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\30\American Confidence in Elections: State Tools to Promote Voter
Confidence: Hearing Before the H. Comm. On Admin., 118th Cong. (2023).
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2. On May 24, 2023, the Committee on House
Administration Subcommittee on Elections held a
subcommittee hearing titled, ``American Confidence in
Elections: Ensuring Every Eligible American has the
Opportunity to Vote--and for their Vote to Count
According to Law.'' The hearing highlighted the strong
election integrity reforms that have passed throughout
several States and how important it is for States to
learn from other States' successes in the election
arena. Witnesses included: Mr. Joseph Burns, Lawyer,
Law Office of Joseph T. Burns, PLLC, Ms. Lisa Dixon,
Executive Director, Lawyers Democracy Fund, Mr. Thor
Hearne Founding Partner, True North Law, LLC, The
Honorable Scot Turner, Executive Director, Eternal
Vigilance Action Inc., and Mr. Deuel Ross, Deputy
Director of Litigation, NAACP Legal Defense and
Educational Fund, Inc.\31\
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\31\American Confidence in Elections: Ensuring Every Eligible
American has the Opportunity to Vote--and for their Vote to Count
According to Law: Hearing Before the Subcomm. On Elections of the H.
Comm. On Admin., 118th Cong. (2023).
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3. On July 10, 2023, the Committee held a full
committee field hearing titled, ``American Confidence
in Elections: The Path to Election Integrity Across
America.'' The hearing outlined the newly introduced
H.R. 4563, the American Confidence in Elections Act,
and highlighted the successes of S.B. 202, 2021.
Witnesses included: The Honorable Hans von Spakovsky,
Manager, Election Law Reform Initiative and Senior
Legal Fellow, The Heritage Foundation, Dr. Kathleen
Ruth, Former Vice Chair, Fulton County Board of
Registration and Elections, Mrs. Vernetta Keith
Nuriddin, Elections Consultant, City of Milton, and Ms.
Cathy Woolard, Chair, Fulton County Board of
Registration and Elections.\32\
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\32\American Confidence in Elections: The Path to Election
Integrity Across America: Hearing Before the H. Comm. On Admin., 118th
Cong. (2023).
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Committee Consideration
On November 30, 2023, the U.S. House Committee on House
Administration met in open session and ordered the bill, H.R.
6493, Safeguarding Electoral Integrity Act of 2023, reported
favorably to the House of Representatives, as amended, by a
vote of five to four, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following votes occurred during the Committee's consideration
of H.R. 6493:
1. Vote on an amendment to H.R. 6493, offered by Mrs.
Bice, passed by voice vote.
2. Vote to report H.R. 6493 favorably, as amended, to
the House of Representatives, passed by a record vote
of 5 ayes and 4 noes. Ayes: Steil, B., Murphy, G.,
Bice, S., Carey, M., Lee, L. Noes: Morelle, J., Sewell,
T., Torres, N., Kilmer, D.
Statement of Constitutional Authority
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 4, Clause 1--``The Times,
Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by
the Legislature thereof . . .''\33\ This clause,
consistent with contemporary thought and context,
informs Congress that the primary authority to set
election law and to administer federal elections rests
with the States and not with Congress.
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\33\U.S. Const. art. I, Sec. 4, cl. 1.
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Article I, Section 8, Clause 1--``To lay and
collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general
Welfare of the United States . . .''\34\
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\34\U.S. Const. art. I, Sec. 8, cl. 1.
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Article I, Section 8, Clause 18--``To make
all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the
Government of the United States, or in any Department
or Officer thereof.\35\
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\35\U.S. Const. Art. I, Sec. 8, cl. 18.
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Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
Statement of Budget Authority and Related Items
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(I) of the
Congressional Budget Act of 1974, the Committee provides the
following opinion and estimate with respect to new budget
authority, entitlement authority, and tax expenditures. The
Committee believes that there will be no additional costs
attributable to H.R. 6493.
Congressional Budget Office Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such an
estimate to be printed in the Congressional Record if it is
received by the Committee.
Performance Goals and Objectives
The performance goals and objectives of H.R. 6493 are to
repeal President Biden's Executive Order on Promoting Access to
Voting, which would prohibit executive branch funds made
available for agency salaries or expenses from being used to
enter into agreements with nongovernmental organizations to
conduct voter registration or voter mobilization activities,
ensure that the relevant congressional committees receive
reports that summarize the actions of executive branch agencies
under the executive order, and prohibit the Secretary of
Education from entering into agreements with institutions of
higher education that involve registering or mobilizing voters
on or off the campus of the institution.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 6493 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 6493
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such an estimate to be printed in
the Congressional Record if it is received by the Committee.
Advisory Committee Statement
H.R. 6493 does not establish or authorize any new advisory
committees.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis
Section 1. Short title
The section provides the short title of the bill, the
Safeguarding Electoral Integrity Act of 2023.
Section 2. Federal agency involvement in voter registration activities
Section 2(a) first repeals President Biden's Executive
Order on Promoting Access to Voting (Executive Order 14019 (86
Fed. Reg. 13623)) and terminates any contracts that an
executive branch agency entered into under sections 3 or 4 of
President Biden's order.
Next, section 2(b) prevents any funds made available for
the salaries or expenses of an executive branch agency from
being used to solicit or enter into an agreement with a
nongovernmental organization to conduct any voter registration
or voter mobilization activities.
Section 2(c) requires any reports required to be produced
under sections 3 and 4 of President Biden's order to be
produced, within 30 days of the bill being enacted to the
United States House Committee on House Administration, House
Committee on Judiciary, Senate Committee on Rules and
Administration, and Senate Committee on Judiciary.
Finally, section 2(d) amends the Higher Education Act of
1965 to prevent the United States Secretary of Education from
entering into agreements with institutions of higher education
that involve registering or mobilizing voters on or off the
campus of the institution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HIGHER EDUCATION ACT OF 1965
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TITLE IV--STUDENT ASSISTANCE
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Part C--Federal Work-Study Programs
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SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
(a) Agreements Required.--The Secretary is authorized to
enter into agreements with institutions of higher education
under which the Secretary will make grants to such institutions
to assist in the operation of work-study programs as provided
in this part.
(b) Contents of Agreements.--An agreement entered into
pursuant to this section shall--
(1) provide for the operation by the institution of a
program for the part-time employment, including
internships, practica, or research assistantships as
determined by the Secretary, of its students in work
for the institution itself, work in community service
or work in the public interest for a Federal, State, or
local public agency or private nonprofit organization
under an arrangement between the institution and such
agency or organization, and such work--
(A) will not result in the displacement of
employed workers or impair existing contracts
for services;
(B) will be governed by such conditions of
employment as will be appropriate and
reasonable in light of such factors as type of
work performed, geographical region, and
proficiency of the employee;
(C) does not involve the construction,
operation, or maintenance of so much of any
facility as is used or is to be used for
sectarian instruction or as a place for
religious worship; [and]
(D) does not involve registering or
mobilizing voters on or off the campus of the
institution; and
[(D)] (E) will not pay any wage to students
employed under this subpart that is less than
the current Federal minimum wage as mandated by
section 6(a) of the Fair Labor Standards Act of
1938;
(2) provide that funds granted an institution of
higher education, pursuant to this section, may be used
only to make payments to students participating in
work-study programs, except that--
(A) for fiscal year 2000 and succeeding
fiscal years, an institution shall use at least
7 percent of the total amount of funds granted
to such institution under this section for such
fiscal year to compensate students employed in
community service, and shall ensure that not
less than 1 tutoring or family literacy project
(as described in subsection (d)) is included in
meeting the requirement of this subparagraph,
except that the Secretary may waive this
subparagraph if the Secretary determines that
enforcing this subparagraph would cause
hardship for students at the institution; and
(B) an institution may use a portion of the
sums granted to it to meet administrative
expenses in accordance with section 489 of this
Act, may use a portion of the sums granted to
it to meet the cost of a job location and
development program in accordance with section
446 of this part, and may transfer funds in
accordance with the provisions of section 488
of this Act;
(3) provide that in the selection of students for
employment under such work-study program, only students
who demonstrate financial need in accordance with part
F and meet the requirements of section 484 will be
assisted, except that if the institution's grant under
this part is directly or indirectly based in part on
the financial need demonstrated by students who are (A)
attending the institution on less than a full-time
basis, or (B) independent students, a reasonable
portion of the grant shall be made available to such
students;
(4) provide that for a student employed in a work-
study program under this part, at the time income
derived from any need-based employment is in excess of
the determination of the amount of such student's need
by more than $300, continued employment shall not be
subsidized with funds appropriated under this part;
(5) provide that the Federal share of the
compensation of students employed in the work-study
program in accordance with the agreement shall not
exceed 75 percent, except that--
(A) the Federal share may exceed 75 percent,
but not exceed 90 percent, if, consistent with
regulations of the Secretary--
(i) the student is employed at a
nonprofit private organization or a
government agency that--
(I) is not a part of, and is
not owned, operated, or
controlled by, or under common
ownership, operation, or
control with, the institution;
(II) is selected by the
institution on an individual
case-by-case basis for such
student; and
(III) would otherwise be
unable to afford the costs of
such employment; and
(ii) not more than 10 percent of the
students compensated through the
institution's grant under this part
during the academic year are employed
in positions for which the Federal
share exceeds 75 percent; and
(B) the Federal share may exceed 75 percent
if the Secretary determines, pursuant to
regulations promulgated by the Secretary
establishing objective criteria for such
determinations, that a Federal share in excess
of such amounts is required in furtherance of
the purpose of this part;
(6) include provisions to make employment under such
work-study program reasonably available (to the extent
of available funds) to all eligible students in the
institution in need thereof;
(7) provide assurances that employment made available
from funds under this part will, to the maximum extent
practicable, complement and reinforce the educational
program or vocational goals of each student receiving
assistance under this part;
(8) provide assurances, in the case of each
proprietary institution, that students attending the
proprietary institution receiving assistance under this
part who are employed by the institution may be
employed in jobs--
(A) that are only on campus and that--
(i) to the maximum extent
practicable, complement and reinforce
the education programs or vocational
goals of such students; and
(ii) furnish student services that
are directly related to the student's
education, as determined by the
Secretary pursuant to regulations,
except that no student shall be
employed in any position that would
involve the solicitation of other
potential students to enroll in the
school; or
(B) in community service in accordance with
paragraph (2)(A) of this subsection;
(9) provide assurances that employment made available
from funds under this part may be used to support
programs for supportive services to students with
disabilities;
(10) provide assurances that the institution will
inform all eligible students of the opportunity to
perform community service, and will consult with local
nonprofit, governmental, and community-based
organizations to identify such opportunities; and
(11) include such other reasonable provisions as the
Secretary shall deem necessary or appropriate to carry
out the purpose of this part.
(c) Private Sector Employment Agreement.--As part of its
agreement described in subsection (b), an institution of higher
education may, at its option, enter into an additional
agreement with the Secretary which shall--
(1) provide for the operation by the institution of a
program of part-time employment of its students in work
for a private for-profit organization under an
arrangement between the institution and such
organization that complies with the requirements of
subparagraphs (A) through (D) of subsection (b)(1) and
subsection (b)(3);
(2) provide that the institution will use not more
than 25 percent of the funds made available to such
institution under this part for any fiscal year for the
operation of the program described in paragraph (1);
(3) provide that, notwithstanding subsection (b)(5),
the Federal share of the compensation of students
employed in such program will not exceed 60 percent for
academic years 1987-1988 and 1988-1989, 55 percent for
academic year 1989-1990, and 50 percent for academic
year 1990-1991 and succeeding academic years, and that
the non-Federal share of such compensation will be
provided by the private for-profit organization in
which the student is employed;
(4) provide that jobs under the work study program
will be academically relevant, to the maximum extent
practicable; and
(5) provide that the for-profit organization will not
use funds made available under this part to pay any
employee who would otherwise be employed by the
organization.
(d) Tutoring and Literacy Activities.--
(1) Use of funds.--In any academic year to which
subsection (b)(2)(A) applies, an institution shall
ensure that funds granted to such institution under
this section are used in accordance with such
subsection to compensate (including compensation for
time spent in training and travel directly related to
tutoring in reading and family literacy activities)
students--
(A) employed as reading tutors for children
who are preschool age or are in elementary
school; or
(B) employed in family literacy projects.
(2) Priority for schools.--To the extent practicable,
an institution shall--
(A) give priority to the employment of
students in the provision of tutoring in
reading in schools that are participating in a
reading reform project that--
(i) is designed to train teachers how
to teach reading on the basis of
scientifically-based research on
reading; and
(ii) is funded under the Elementary
and Secondary Education Act of 1965;
and
(B) ensure that any student compensated with
the funds described in paragraph (1) who is
employed in a school participating in a reading
reform project described in subparagraph (A)
receives training from the employing school in
the instructional practices used by the school.
(3) Federal share.--The Federal share of the
compensation of work-study students compensated under
this subsection may exceed 75 percent.
(e) Civic Education and Participation Activities.--
(1) Use of funds.--Funds granted to an institution
under this section may be used to compensate (including
compensation for time spent in training and travel
directly related to civic education and participation
activities) students employed in projects that--
(A) teach civics in schools;
(B) raise awareness of government functions
or resources; or
(C) increase civic participation.
(2) Priority for schools.--To the extent practicable,
an institution shall--
(A) give priority to the employment of
students participating in projects that educate
or train the public about evacuation, emergency
response, and injury prevention strategies
relating to natural disasters, acts of
terrorism, and other emergency situations; and
(B) ensure that any student compensated with
the funds described in paragraph (1) receives
appropriate training to carry out the
educational services required.
(3) Federal share.--The Federal share of the
compensation of work-study students compensated under
this subsection may exceed 75 percent.
* * * * * * *
DISSENTING VIEWS
OPPOSITION TO H.R. 6493
H.R. 6493 seeks to repeal the Executive Order on Promoting
Access to Voting signed by President Biden,\1\ which promotes
voter participation by directing federal agencies to ``consider
ways to expand citizens' opportunities to register to vote and
to obtain information about, and participate in, the electoral
process.''\2\ It is incomprehensible what Republicans find
objectionable about that.
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\1\Executive Order on Promoting Access to Voting, Exec. Order No.
14019, 86 C.F.R. 13623 (Mar. 10, 2021).
\2\Id. at 13623.
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The Executive Order has a simple purpose: directing
existing federal resources, like department websites or agency
social media accounts, to encourage more Americans to
participate in our democracy. In doing so, it makes voter
registration more accessible, helps to educate voters on
important election related information, and improves voter
confidence and election security. And by using existing
resources, the implementation of this executive order does not
cost the taxpayer an additional penny.
As the purpose is stated in the order itself, ``[i]t is our
duty to ensure that registering to vote and the act of voting
be made simple and easy for all those eligible to do so.''\3\
The executive order seeks to do just that.
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\3\Id.
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Importantly, it helps our service members by directing the
Department of Defense (``DOD'') to implement an end-to-end
tracking system for military ballots, and ``affirmatively
offer, on an annual basis, each member of the Armed Forces on
active duty the opportunity to register to vote in federal
elections, update voter registration, or request an absentee
ballot.''\4\ Likewise, it improves access to voter
registration, especially for members of historically
underserved communities, by directing federal agencies that
provide services to the public to work with states to offer
voter registration. It increases opportunities for voting and
voter education for eligible citizens in federal custody. And
it directs a variety of agencies to study the ways in which
voting and voter registration can be made more accessible for
members of historically underserved communities.
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\4\Id. at 13625.
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And the Executive Order on Promoting Access to Voting has
been working.
After President Biden signed the Executive Order, the
Department of Veterans Affairs (``VA'') sent a survey to over
12 million veterans seeking to understand he veterans'
experience with the voter registration process. The VA also
launched a website with nonpartisan voter registration and
elections information designed specifically for veterans. The
VA also plans to do more in the future to make voter
registration easier for veterans. It is currently developing
pilot programs for VA health facilities to receive and accept
designations under the National Voter Registration Act\5\
(``NVRA'') to become voter registration agencies. Why would any
member of this Committee--if they support our veterans and
support voter registration--oppose this Executive Order?
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\5\52 U.S.C. Sec. 20506.
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Other agencies have also seen success in implementing the
Executive Order. Crucially, the Department of Interior
(``DOI'') has been improving voter registration access for
Native Americans who have long been excluded from full
democratic participation. Specifically, DOI has accepted voter
registration agency designations under the NVRA for the tribal
colleges and universities it operates, ensuring that students
have regular access to high quality voter registration
services. Further, DOI has raised awareness about barriers
Native voters face by translating the report of the Interagency
Steering Group on Native American Voting Rights, which was
commissioned as a part of the Executive Order, into six Native
languages, both in writing and by audio.
The Department of the Treasury has likewise been working to
engage voters through its Volunteer Income Tax Assistance
(``VITA'') program, which provides tax assistance to low-income
Americans nationwide. The Internal Revenue Service (``IRS'')
has issued guidance making it clear that VITA service providers
are permitted to provide voter registration assistance and
added information about voter registration to its mandatory
trainings. The IRS likewise shared nonpartisan information
about the voter registration process with millions of Americans
by adding information about voter registration and access to
many of the materials distributed through the VITA program.
H.R. 6493 would undo much of the progress the executive
order has made, making it harder for Americans to participate
in our democracy. For instance, it would make it harder for
servicemembers and veterans to register to vote by preventing
the DOD and VA from encouraging voter registration and
participation, which is a massive disservice to those in
uniform. It would likewise dismantle vital programs that
materially help Native Americans participate in our democracy.
Committee Democrats oppose H.R. 6493.
Joseph D. Morelle,
Ranking Member.