Freedom to Vote Act, August 19, 2023.
We were able to summarize this 607 page legislation document with 101,267 words down to 23,711 plain English words, a reduction of nearly 77%.
Summarized Document:
The Freedom to Vote Act is enacted by Congress based on its broad constitutional authority to protect the right to vote, regulate elections, prevent discrimination, and defend democracy. Congress has the power to regulate congressional elections under the Elections Clause, with the Supreme Court affirming that this power is comprehensive and supersedes state regulations. The Elections Clause was intended to ensure equal representation and address partisan gerrymandering. Congress also has the authority and responsibility to enforce the Guarantee Clause, which guarantees a Republican Form of Government to every state. Additionally, Congress has broad authority under the Fourteenth Amendment to legislate and protect the right to vote, which is of utmost importance in our constitutional structure.
The right to vote is essential and protected by the Constitution. Congress has the authority to protect this right and address issues such as voter restrictions, gerrymandering, and racial discrimination in voting. Studies show that communities of color face more barriers to voting and are disproportionately affected by voter purges and restrictive identification requirements. Additionally, racial disparities in disenfranchisement due to felony convictions are significant, with African Americans being disproportionately affected.
In eight states, including Alabama, Arizona, Florida, Kentucky, Mississippi, South Dakota, Tennessee, and Virginia, more than one in ten African Americans are unable to vote due to felony disenfranchisement, which is nearly twice the national average for African Americans. Congress recognizes that felony disenfranchisement was historically used as a tool of intentional racial discrimination during the Jim Crow era. They also acknowledge that current racial disparities in felony disenfranchisement are connected to voter suppression, systemic racism in the criminal justice system, and the ongoing effects of past discrimination. Congress asserts its power to protect the right to vote from being denied or limited based on factors such as sex, age, or ability to pay taxes. They further recognize that certain electoral practices, such as voting rights restoration conditions, restrictions on college campuses, age restrictions on mail voting, and similar practices, disproportionately burden the right to vote based on age and financial capability. The document also outlines the standards for judicial review of challenges to the constitutionality or lawfulness of this Act, specifying the courts with jurisdiction and the procedures to be followed.
The Act discusses the intervention rights of members of Congress in actions related to the constitutionality of provisions. It states that any member of the House of Representatives or Senate can intervene in support or opposition to a party's position. The court can make orders to streamline the process and reduce burdens. The document also includes a provision on severability, stating that if any part of the Act is held unconstitutional, the rest of the Act will not be affected. The document is part of the Voter Access division, specifically the Election Modernization and Administration title, which aims to enhance voter access and protect the integrity of the voting process. It includes a short title and a statement of policy emphasizing the importance of ensuring all eligible citizens can exercise their right to vote and maintaining the integrity of the voting process. The document also introduces the Voter Registration Modernization Act, which aims to update voter registration systems with modern technologies and procedures to improve accuracy, accessibility, and security.
Section 1002 of the National Voter Registration Act of 1993 is amended to include a new section called "Automatic Registration by State Motor Vehicle Authority." This section defines terms such as "applicable agency," "applicable transaction," "automatic registration," "eligible individual," and "register to vote." It requires the chief State election official of each State to establish and operate a system of automatic registration for eligible individuals to vote in Federal elections. If an eligible individual completes an applicable transaction and does not decline to register to vote, they will be registered for the next upcoming Federal election and subsequent elections. The individual will also receive written notice of their voter registration status within 60 days.
The Act discusses the responsibilities of state election officials and applicable agencies in regards to voter registration. It states that the chief state election official can register an eligible individual to vote for the next upcoming federal election, even if the information is transmitted after the applicable date. It also clarifies that a state cannot refuse to treat an individual as eligible for voting purposes solely based on their age, as long as they are at least 16 years old. The document further outlines the instructions for applicable agencies in collecting citizenship information and informing individuals about voter registration. It emphasizes that voter registration is voluntary and will not affect the availability of services or benefits.
The Act states that individuals who are not United States citizens or for whom there is conclusive evidence that they are not citizens cannot be provided with the opportunity to register to vote. It also requires that eligible individuals be given the opportunity to decline voter registration and that this opportunity be provided in a language they understand. Additionally, it outlines the information that must be electronically transmitted to the appropriate State election official for eligible individuals who do not decline voter registration. Finally, it states that in states where affiliation or enrollment with a political party is required to participate in an election, information regarding an individual's affiliation or enrollment must be provided if the individual provides such information.
The Act discusses the requirements for individuals to affiliate or enroll with a political party in order to participate in primary elections. It clarifies that agencies are not required to transmit information about individuals who are ineligible to vote in federal elections, except for pre-registering citizens between the ages of 14 and 16. It also outlines an alternate procedure for agencies that do not request individuals to affirm their US citizenship, requiring them to complete certain requirements and offer the opportunity to register to vote. The document emphasizes the protection of individuals' information and prohibits public disclosure of certain voter information by election officials.
The Act discusses the protection of personal information in voter registration. It states that certain personal information, such as social security number, driver's license number, signature, telephone number, and email address, should not be publicly disclosed. However, there is an exception for individuals registered to vote, where their telephone number and email address can be disclosed if received by a State election official. The document also includes provisions for accessibility of registration services for individuals with disabilities, the transmission of data through secure third parties, nonpartisan and nondiscriminatory provision of services, notices sent via electronic mail, and the option for voter registration services at other state offices. The section does not apply to exempt states, which either have no voter registration requirement or operate an automatic registration system.
The Act involves amendments to the National Voter Registration Act of 1993. It includes changes to the requirements for motor vehicle driver's license applications, the application of automatic registration requirements, and protections for errors in registration. It also clarifies that automatic registration or the decision to decline registration cannot be used against an individual in law enforcement or immigration proceedings, unless the individual knowingly and willfully made a false statement or violated voting laws.
The Act states that each state must maintain and make available for public inspection all records of changes to voter records, including removals and updates, for at least 2 years. The Director of the National Institute of Standards and Technology, in consultation with state and local election officials, will establish standards for comparing voter registration data and ensuring uniform and nondiscriminatory application. Additionally, the Director will publish privacy and security standards for voter registration information and require each state to adopt a policy specifying authorized access and security safeguards. These standards will be maintained and updated to reflect advancements in database management security.
The Act discusses the requirements for states to comply with national standards regarding the privacy and security of voter registration information. States must annually certify their compliance with these standards and publish their policies and procedures on their official websites. Failure to comply may result in the state not receiving funding. The use of voter registration information for commercial purposes is prohibited, but it can be used for political purposes. The Commission is responsible for providing grants to eligible states to assist in implementing these requirements.
The Act outlines the eligibility and application process for states to receive grants under a certain section. To be eligible, a state must submit an application to the Commission, describing the activities they will carry out with the grant and assuring that they will do so without partisan bias or promoting any particular point of view. The Commission will determine the amount of the grant and prioritize funding for activities that accelerate compliance with certain requirements. The document also defines an exempt state and authorizes appropriations for the implementation of this section. Additionally, it states that enforcement provisions and other laws, such as the Voting Rights Act of 1965, still apply.
The document refers to several laws related to voting and elections in the United States. It mentions the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act of 1993, the Help America Vote Act of 2002, and the Americans with Disabilities Act of 1990. It also provides definitions for terms used in the laws. The document states that the laws and amendments will take effect on January 1, 2025, unless a state certifies that it cannot meet the deadline, in which case the deadline will be extended to January 1, 2027. It also mentions that Election Day will be designated as a legal public holiday, and that internet registration for voting will be required.
The Act discusses online voter registration and the acceptance of completed applications. It states that individuals can apply to register to vote online, receive assistance with the application, and submit the application electronically. The state must accept online applications if the individual meets the same requirements as those who register by mail and provides a signature in electronic form. The requirements for providing a signature are outlined, including the option to transfer an existing electronic signature or submit a copy of a handwritten signature electronically. If an individual cannot meet these requirements, the state must provide alternative options for completing the registration process. The state must also notify individuals of these requirements and alternative options. The document does not provide information on confirmation and disposition.
The Act states that when an individual submits a completed voter registration application online, the appropriate State or local election official must provide a notice confirming receipt of the application. The notice will include instructions on how to check the status of the application. The official will provide this notice through the online submission process, and if the individual has provided an email address, it will be sent electronically. The official may also send the notice by text message if the individual chooses. Additionally, the document mentions that within 7 days of approving or rejecting the application, the official must provide the individual with a notice of the application's disposition. This notice will be sent by regular mail, email (if provided), and text message (if chosen). The document also emphasizes that the services provided should be nonpartisan and not promote any political preference or party allegiance. It states that the State must establish security measures to protect the information provided by individuals using the online registration services. The services should also be accessible to individuals with disabilities. Lastly, the document states that a registered voter who registered online should be treated the same as a registered voter who registered by mail, in accordance with relevant laws.
The Act includes amendments to the Help America Vote Act of 2002 and the National Voter Registration Act of 1993. The amendments allow individuals to register to vote by mail or online. First-time voters using online registration are required to provide a handwritten signature. These requirements do not apply to certain individuals who are entitled to vote by absentee ballot or under other federal laws. The effective date of the amendments is clarified, and there are also conforming amendments related to the timing of registration and informing applicants of eligibility requirements and penalties.
The document is an amendment to the Help America Vote Act of 2002 and the National Voter Registration Act of 1993. It allows registered voters to update their registration information, including address and email, online through the official website of the election official responsible for maintaining the voter list. The election official must process the updated information and confirm receipt to the voter. The amendment also allows for notification of the disposition of the update through regular mail, electronic mail, or text message. The effective date of the amendment is also clarified.
The document states that there are amendments being made to the voter registration process and the provision of election information. These amendments allow individuals to update their voter registration information online and provide the option to receive election information through email instead of regular mail. It also prohibits the use of email addresses for purposes unrelated to election officials' official duties and requires election officials to provide certain information electronically to registered voters who have provided their email addresses.
The Act includes amendments to the National Voter Registration Act of 1993. It clarifies the information that must be provided to voters, such as the polling place location and hours of operation. It also prohibits states from requiring applicants to provide more than the last four digits of their Social Security number. Additionally, it applies certain rules to exempt states regarding internet voter registration.
The document includes various sections and amendments related to voter registration and absentee ballots. Section 8(a)(1)(E) and Section 8(a)(5) of the Voter Registration Modernization Act of 2023 are mentioned, along with Section 8(j) added by the same act. The Attorney General is required to submit a report on data collection and cybersecurity efforts related to online voter registration systems. The National Voter Registration Act of 1993 is amended to allow voter registration application forms to also serve as applications for absentee ballots. These amendments will apply to future federal elections, unless a state provides a valid reason for not meeting the deadline.
The Act is an amendment to the Help America Vote Act of 2002. It introduces same-day voter registration for federal elections, allowing eligible individuals to register and vote on the same day. Each state must provide the necessary forms at polling places. The amendment will be effective for the regularly scheduled general election in November 2024 and subsequent federal elections. However, for elections before November 2026, states can comply by having at least one location for every 15,000 registered voters that meets the requirements and is reasonably accessible. If a state cannot comply by November 2026, it can still be deemed compliant if it provides at least one location meeting the requirements for every 15,000 registered voters and explains the reasons for non-compliance.
The Act includes amendments to the National Voter Registration Act and provisions related to voter registration information dissemination. It also addresses the inclusion of voter registration information in certain leases and vouchers for federally assisted rental housing and mortgage applications. The amendments aim to streamline voter registration processes and ensure consistent registration deadlines.
The Act defines key terms related to federally backed multifamily mortgage loans, owners, public housing, and residential mortgage loans. It also outlines the development of a uniform statement to provide information on voter registration and voting rights. Additionally, it requires federal agencies administering rental assistance programs to require public housing agencies to provide a copy of the uniform statement to recipients.
The Act states that certain entities, such as public housing agencies and owners of assisted dwelling units, are required to provide a uniform statement to lessees or tenants. This statement must be given at the same time as the lease or income verification form. Additionally, creditors receiving applications for residential mortgage loans must provide a copy of the uniform statement to applicants within 5 business days. The head of federal agencies involved in federally backed multifamily mortgage loans must also require property owners to provide the uniform statement to lessees when signing the lease. It is important to note that completion of a voter registration form is optional, and the relevant federal agencies and directors have the authority to issue regulations to enforce this section.
The Act states that federal agencies may provide voter registration services beyond the minimum requirements outlined in the law, and agencies not mentioned may also distribute voter registration information and provide services within their legal and funding authority. In states where a federal agency is designated as a voter registration agency, their responsibilities supersede the requirements mentioned in this section. Additionally, the document states that states cannot refuse to accept or process voter registration applications from individuals under 18 years of age, as long as they will be at least 18 years old at the time of the election. However, this does not require states to allow individuals under 18 to vote in federal elections. The document also requires each state to establish and operate a privacy program to protect the personally identifiable information of individuals who are victims of domestic violence, dating violence, stalking, sexual assault, and trafficking in relation to their voter registration status for federal elections. States must also inform residents about the information maintained by election officials, how it is shared or sold, what information is automatically kept confidential, how to access voter information online, and the available privacy programs.
The Act states that each state must make information about a program available on a publicly accessible website. It also provides definitions for terms related to dating violence, domestic violence, sexual assault, stalking, and trafficking. The document also mentions amendments to the Help America Vote Act of 2002, allowing states to use funding for voter registration activities. Additionally, it outlines requirements for states to promote access to voter registration and voting for individuals with disabilities.
The Act outlines certain requirements for states to ensure that individuals with disabilities have access to voter registration and absentee ballot procedures. Each state must designate a single office responsible for providing information on these procedures to individuals with disabilities. The state must also provide training and guidance to election officials and poll workers on accessibility measures for individuals with disabilities. Additionally, each state must designate a means of accessible electronic communication for individuals with disabilities to request voter registration applications and absentee ballot applications.
The Act outlines provisions for individuals with disabilities to access and submit voter registration applications and absentee ballot applications. It states that states must provide designated means of electronic communication for individuals with disabilities, along with informational and instructional materials. If no preference is indicated, the state must transmit the applications by any allowable delivery method. The document also requires states to establish procedures to securely transmit blank absentee ballots by mail and electronically, based on the individual's preference. Methods to track delivery and return of the ballot are also mentioned. An individual with a disability is defined as someone with an impairment that substantially limits major life activities and is qualified to vote in federal elections.
Starting from January 1, 2024, this section will apply to elections for Federal office. It includes amendments to the Help America Vote Act of 2002, such as the issuance of voluntary guidance by the Election Assistance Commission and the establishment and maintenance of accessible election websites by each state. These websites will provide information and resources for local election officials, poll workers, volunteers, and voters, particularly those with disabilities and older individuals, to ensure equal access and participation in elections. The websites will include information on accessible polling places, voter registration, polling place locations and hours, assistance for individuals with disabilities and older individuals, transportation aid, voting rights and protections, and contact information for officials to address complaints or grievances.
The Act states that the chief State election official of each State must partner with an outside technical organization to update or develop an accessible election website. A committee will be formed to develop a State plan on meeting the accessibility requirements, which will include representatives from various groups, including disability advocacy and voting rights organizations. The chief State election official must also partner with organizations to monitor and verify the accessibility of the election website and the accuracy of the information provided.
The Act discusses the requirements and provisions for individuals with disabilities and older individuals to have accessible voting options. It mentions state programs established under the Assistive Technology Act of 1998, visual access advocacy organizations, organizations for the deaf, and mental health organizations. The document defines "accessible" in terms of election websites and electronic communications, as well as facilities (including polling places). It also defines "individual with a disability" and "older individual" in the context of voting for federal office. The document amends certain sections of the Help America Vote Act of 2002 to ensure accessibility to polling places, address long wait times, and establish mobile polling sites for individuals in long-term care facilities.
This document states that nothing in this section will change the requirement under federal law that all polling places for federal elections must be accessible to individuals with disabilities and older individuals. This section will apply to federal elections held on or after January 1, 2026. There are also amendments to the Voting Accessibility for the Elderly and Handicapped Act, changing references from "handicapped and elderly" to "individuals with disabilities and older individuals." The short title of the act is also amended to reflect this change.
The document states that any reference to the Voting Accessibility for the Elderly and Handicapped Act in any other law or document will now be considered a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act. The amendments made by this subsection will take effect on January 1, 2026, and will apply to elections for Federal office held on or after that date.
Additionally, the document introduces protections for individuals subject to guardianship. A state cannot determine that an individual lacks the capacity to vote in a Federal election solely based on their guardianship, unless a court order finds clear and convincing evidence that the individual cannot communicate a desire to participate in the voting process. This provision will apply to elections for Federal office held on or after January 1, 2024.
Furthermore, the document expands and reauthorizes a grant program to ensure voting access for individuals with disabilities. The purposes of these payments include making absentee voting and voting at home accessible to individuals with disabilities, making polling places accessible, and providing universally designed solutions to access problems for individuals with disabilities.
The Act pertains to the reauthorization and period of availability of funds for a specific Act. It states that for fiscal year 2024 and subsequent years, necessary funds will be allocated to carry out the Act. Additionally, it outlines the deadline for the obligation and expenditure of funds by states or local governments, and any unobligated or unexpended amounts will be transferred to the Commission. The Commission will then use these transferred amounts to make payments to eligible recipients on a pro rata basis.
Furthermore, the document introduces a pilot program established by the Election Assistance Commission. This program allows individuals with disabilities to register to vote and request absentee ballots using electronic means, ensuring privacy and independence at their residences. States receiving grants for this program must submit reports to the Commission on the pilot programs conducted during the year. To be eligible for a grant, states must submit an application with the required information and assurances to the Commission.
The document states that the Commission will provide grants for pilot programs to improve elections for Federal office in 2024. The term "State" includes various territories. Additionally, the Comptroller General will analyze and report on voting access for individuals with disabilities after each general election for Federal office. The analysis will cover various aspects such as accessibility challenges, assistance provided by federal agencies, availability and functionality of accessible voting machines, compliance tracking, poll worker training, barriers faced by individuals with disabilities, and employment of individuals with disabilities at polling sites. The Comptroller General will submit a report with recommendations to Congress within 9 months after each general election.
The Act states that the term "appropriate congressional committees" refers to specific committees in the House of Representatives and the Senate. It also introduces a new section on early voting, which requires election jurisdictions to allow individuals to vote in an election for Federal office during an early voting period. The early voting period must consist of consecutive days, including weekends, and start on the 15th day before the election. Each polling place must allow voting for at least 6 hours each day, with uniform hours and some voting time before 9:00 a.m. and after 5:00 p.m. For jurisdictions that send ballots by mail, different requirements apply, including the inclusion of at least one consecutive Saturday and Sunday for early voting. Small jurisdictions have some flexibility in meeting these requirements.
The Act discusses the requirements for polling places during the early voting period. It states that jurisdictions with less than 3,000 registered voters and smaller geographic areas than the county they are located in must have polling places for early voting. It also clarifies that this does not limit the availability of additional temporary voting sites or the extended hours of polling places. The document further emphasizes the need for polling places to be easily accessible, particularly in rural areas and near public transportation stops. It also highlights the requirement for polling places on college campuses to provide opportunities for residents to vote.
By June 30, 2024, the Commission will establish voluntary standards for voting administration during early voting periods before federal elections. These standards will include the fair placement of polling places. States must start processing and scanning in-person early voting ballots for tabulation a certain number of days before the election, ensuring that all ballots are processed before the election date. However, this does not allow for the tabulation of ballots before the polls close on election day, except for necessary preprocessing in accordance with existing state law. These provisions will apply to the general elections for federal office starting in November 2024. The Freedom to Vote Act also includes amendments relating to the issuance of voluntary guidance by the Election Assistance Commission and makes clerical amendments to the Help America Vote Act of 2002.
The Act promotes the ability of voters to vote by mail. It states that if an individual is eligible to vote in a federal election, a state cannot impose additional conditions or requirements for them to cast their vote by absentee ballot. It also prohibits states from requiring identification documents, faulty matching requirements for identifying information, or notarization or witness signatures as conditions for obtaining or casting an absentee ballot. However, it does not exempt first-time voters registering by mail from meeting identification requirements. Additionally, it outlines due process requirements for states that require signature verification for mail-in or absentee ballots in federal elections.
The Act describes the requirements for signature verification in mail-in and absentee ballots. It states that election officials must compare the signature on the ballot with the individual's signature on the official list of registered voters or other official records. If a discrepancy is found, the official must notify the individual and provide an opportunity to cure the discrepancy within three days of the state's deadline for receiving ballots. Similarly, if a ballot is missing a signature or has another defect, the official must notify the individual and provide an opportunity to cure the defect within three days. Failure to cure the discrepancy or defect will result in the ballot not being counted.
The Act discusses the requirements and procedures for handling discrepancies in signatures on mail-in or absentee ballots in a Federal election. It states that if a ballot is missing a signature or has another defect, the individual may provide the missing signature or cure the defect within three days of the State's deadline for receiving such ballots. However, this does not apply if the ballot was not submitted by the applicable deadline. The document also outlines the requirements for election officials to determine signature discrepancies, including the need for at least two officials, training in signature verification procedures, and affiliation with the political parties that received the most and second-most votes in the previous statewide Federal election. There is an exception for states where non-affiliated officials make these determinations. The document further states that each chief State election official must submit a report to the Commission within one day after the end of a Federal election cycle, detailing the number of invalidated ballots, attempts to contact voters, and the cure process. The Commission then transmits this report to Congress within 10 days. The term "Federal election cycle" refers to the period between two regularly scheduled general elections for Federal office. Finally, the document clarifies that the subsection does not prohibit states from rejecting ballots from ineligible voters or providing additional time and methods for curing signature discrepancies or missing signatures.
The Act states that each state must allow individuals to apply for an absentee ballot online, in addition to other methods. The state's website should allow individuals to complete and submit the application online, and also provide options to print the application or request a paper copy by mail or email. If an eligible individual submits an application for an absentee ballot before a certain deadline, the election official must promptly mail the ballot and related materials. If the application is received after the deadline but before 7 days before the election, the election official should mail the materials as soon as possible. The state can still accept and process applications received after this deadline. Additionally, an individual's application to vote by absentee ballot in one election can be treated as an application for all future elections, unless the individual is no longer registered to vote or provides written notice to revoke this treatment.
The Act includes several provisions related to absentee voting in elections for Federal office. It states that an individual's application for an absentee ballot cannot be revoked if they have not voted in an election. It also requires that all absentee ballot materials be accessible to individuals with disabilities. Additionally, it establishes a uniform deadline for accepting mailed ballots, allowing for ballots to be accepted if postmarked on or before the date of the election and received within 7 days after the election. The document also requires states to provide alternative methods for returning ballots, such as delivering them to polling places or designated drop-off locations. Finally, it sets requirements for processing and scanning mailed ballots, with a suggested start date for processing and scanning prior to the election.
The Act states that states are not allowed to tabulate ballots before the closing of polls on election day, unless it is necessary preprocessing according to state law. Officials are also prohibited from making public any tabulation results before the polls close. Additionally, states cannot prohibit anyone from providing an absentee ballot application to eligible voters. The section does not affect the authority of states to conduct elections through polling places. It also does not affect the treatment of absentee ballots submitted by military and overseas voters. These provisions will apply to the general election in November 2024 and subsequent federal elections. The document also includes amendments to ensure same-day processing of mail-in ballots by the Postal Service.
Starting from January 1, 2024, new amendments will apply to absentee ballots for Federal office elections. The Director of the National Institute of Standards, in consultation with the Election Assistance Commission, will develop alternative methods to verify the identification of individuals voting by mail-in or absentee ballot. Public comments will be solicited, and the standards will be published within two years of the Act's enactment. Additionally, each state must implement a program to track and confirm the receipt of mail-in and absentee ballots for Federal office elections. The program can be established by the state or utilize the ballot materials tracking service under the Freedom to Vote Act. The program must provide information on whether the vote was accepted and, if rejected, the reasons for rejection.
Starting from the regularly scheduled general election for Federal office in November 2026, a new balloting materials tracking service will be established to inform voters about the status of their voter registration applications, absentee ballot applications, and mail-in ballots. This service will provide tracking information from the United States Postal Service and other relevant agencies, such as the date of receipt and delivery of requested applications and ballots. It will also indicate whether a ballot was accepted and counted, and if not, the reason why. This information will be available online through the State or local election office's website, or through a toll-free telephone number for officials without an internet site.
The Act discusses the method of providing information to voters through a balloting materials tracking service. Voters can choose to receive information electronically or through mail. Certain information will be made available to political parties and voter registration organizations for a fee. The Director cannot charge any fees to states for using the tracking service. The Presidential designee is defined, and appropriations are authorized for carrying out this subsection. Additionally, the document mentions payments to reimburse states for costs incurred in establishing an absentee ballot tracking program, with a limit on the amount of payment a state can receive. Appropriations are authorized for these payments as well.
The Act includes provisions related to the availability of funds, clerical amendments, and improvements to election mail and delivery. It states that any funds appropriated under this section will remain available until expended. It also includes amendments to the table of contents of an Act, adding new sections related to payments to reimburse states for costs incurred in establishing a program to track and confirm receipt of absentee ballots. Additionally, it requires the Postal Service to indicate on the envelope of any absentee ballot the fact that it was carried by the Postal Service and the date it was mailed. It also requires election officials to affix specific tags and use the Official Election Mail logo for official ballots relating to a federal election.
Starting from January 1, 2024, the requirements outlined in this section will apply to federal elections. Section 321 (b)(4) of the Act is amended to include section 313. The table of contents of the Act is also amended to reflect this change. Section 1304 states that election mail, which includes voter registration materials, absentee ballot applications, and other election-related materials, must be treated as first-class mail and carried according to established service standards. Completed absentee or mail-in ballots must be carried without postage. The Postal Service is prohibited from implementing any operational changes that would hinder the prompt and reliable delivery of election mail during the 120-day period leading up to a federal election. The Postal Service is also required to appoint an Election Mail Coordinator to facilitate communication with election officials.
Section 2401(c) of title 39, United States Code is amended to include section 3409, which restricts operational changes to domestic election mail prior to elections. The amendment will take effect 180 days after the enactment of this section. Additionally, the Help America Vote Act of 2002 is amended to require jurisdictions to provide secured drop boxes for voted ballots in federal elections. Each jurisdiction must have accessible drop boxes available for a reasonable number of hours each day, with at least one drop box accessible 24 hours per day during the period when mail-in or absentee ballots are sent to voters until the polls close. The drop boxes must also be accessible to individuals with disabilities.
The Act discusses the accessibility and requirements for drop boxes used for voting in elections. It states that drop boxes should be accessible to individuals with disabilities and meet criteria set by the Attorney General. It also mentions that drop boxes should not replace accessible polling places for individuals with disabilities, limited English proficiency, or homeless individuals. The document further specifies the number and location of drop boxes, ensuring they are available to all voters, including those in rural communities and on Tribal lands. It also states that ballots cast through drop boxes should be processed and scanned in the same manner as mailed ballots. Lastly, it mentions the requirement for posting information on the criteria for counting and tabulating absentee ballots on or near each drop box.
The Act states that states are allowed to use remote or electronic surveillance to ensure the security of drop boxes for voting. It also specifies that these provisions will apply to the general election for Federal office held in November 2024 and subsequent elections. Additionally, there are amendments to the table of contents of the Act, and a requirement for states to submit reports on the availability and transmission of absentee ballots before each election.
The Act outlines the requirements for reporting on absentee ballots in elections. It states that the report must be in a specific format determined by the Attorney General, and each state and local government must submit a report to the Election Assistance Commission within 90 days after a general election. The report should include the number of absentee ballots transmitted and received by absent uniformed services voters and overseas voters. The report must also be made available to the public on the same day. The document also discusses the enforcement of this law, stating that the Attorney General can take legal action for violations, and individuals who are affected by violations can also bring a civil action. The state is the only necessary defendant in such actions, even if a local election official or unit of local government is not named. The amendments made by this section apply to violations occurring after the enactment of the Act. Additionally, the document mentions the requirements for transmitting absentee ballots to uniformed services voters and overseas voters, specifying the timeline for transmission.
The Act states that the State must transmit absentee ballots to voters no later than 46 days before an election. If the State fails to do so, they must use express delivery to transmit the ballot. If the State fails to transmit the ballot by the 41st day before the election, they must also notify voters of alternative procedures for returning the ballot and provide for its return by express delivery. The cost of express delivery is not paid by the voter and may be required to be paid by the local jurisdiction. However, if the voter indicates a preference to return the late sent ballot electronically, they may do so. The Attorney General can seek additional remedies if a State fails to comply with these requirements. In the event of a disaster or act of terrorism preventing the transmission of absentee ballots, the State must notify the Attorney General and take necessary actions to ensure affected voters have a reasonable opportunity to receive and return their ballots. If a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election, the State must transmit the ballot within one business day.
Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act is being amended. The amendment states that if a State accepts and processes an official post card form submitted by a military or overseas voter for simultaneous voter registration and absentee ballot application, the State must provide 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. There is an exception for voters who change their registration or are no longer eligible to vote in the State. The amendment also prohibits a State from refusing to accept or process voter registration or absentee ballot applications submitted by military or overseas voters on the grounds of early submission. The Presidential designee will revise the official postcard form to allow voters to request an absentee ballot for multiple elections or specific elections. The amendment applies to voter registration and absentee ballot applications submitted on or after the date of enactment of this Act.
The Act discusses amendments to the Uniformed and Overseas Citizens Absentee Voting Act. It extends the guarantee of residency for voting purposes to spouses and dependents of absent military personnel, ensuring that they are not deemed to have lost or acquired residency in any state solely due to the absence of the military member. The document also includes technical clarifications related to the Federal Write-In Absentee Ballot and the treatment of post card registration requests. Additionally, it requires a report on the impact of widespread mail-in voting on the ability of active duty military service members to vote.
Effective January 1, 2024, amendments to the Help America Vote Act of 2002 will apply to elections. The amendments enhance the enforcement of the Act, allowing aggrieved individuals to file complaints with the Attorney General for violations that impede their ability to vote. These individuals also have the right to file a legal action to enforce election technology and administration requirements. The amendments do not affect state procedures. Additionally, there are new minimum notification requirements for voters affected by polling place changes.
The Act outlines the requirements for election officials to notify individuals of their polling place location before the start of early voting. The officials must post a general notice on the state or jurisdiction's website, social media platforms, and signs at the previous polling place. If an individual appears at their previously assigned polling place on election day, the jurisdiction must make reasonable efforts to allow them to vote without using a provisional ballot. The term "applicable individual" refers to someone registered to vote in the jurisdiction for the current election and the most recent past federal election, with no change in their voter registration address. Election officials must notify individuals by mail, telephone, text message, and email if available. In jurisdictions without specific polling place assignments, officials must notify eligible voters of all polling places where they can vote. If a previous polling place is no longer in use, signs must be posted with information about alternative polling places, contact details for election officials, and compliance with language preferences as required by the Voting Rights Act of 1965.
This document contains several amendments to existing laws related to elections in various territories of the United States. It specifies the effective date for these amendments, expands the applicability of certain laws to include the Commonwealth of the Northern Mariana Islands, eliminates a time period between general and runoff elections in the Virgin Islands and Guam, and extends the coverage of federal election administration laws to territories such as Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Section 594, 595, and 611 of title 18, United States Code, have been amended to include the terms "Delegate or Resident Commissioner to the Congress" instead of "Delegate from the District of Columbia, or Resident Commissioner." Additionally, Section 315 of the Help America Vote Act of 2002 has been added to ensure that polling places provide a sufficient number of voting systems, poll workers, and resources to prevent unreasonable waiting times for voters. States or jurisdictions must consider various factors, such as voter population, turnout, and demographics, when determining the resources needed. However, this amendment does not allow states to close polling places or restrict individuals from voting. Mobile voting centers can still be used.
The Act states that each state must establish hours of operation for all polling places on the date of any federal election. The polling place with the longest hours cannot be open for more than 2 hours longer than the polling place with the shortest hours, unless variations are allowed based on population. Exceptions are made for polling places whose hours are established by local government or by court order. The document also emphasizes the importance of ensuring access to polling places, including proximity to public transportation, availability in rural areas, and the presence of polling places on college campuses. This section will take effect 180 days after its enactment.
Section 321 (b) of the Help America Vote Act of 2002 is being amended to clarify certain provisions. The Election Assistance Commission and the Comptroller General of the United States will conduct a study on methods to enforce fair and equitable waiting times at polling places, particularly for communities of color. Additionally, states are prohibited from restricting curbside voting, ensuring that individuals eligible to vote can cast their ballots using this method.
The Act states that certain provisions will apply to the general elections for Federal office held in November 2024 and subsequent elections. It also includes amendments to the table of contents of an Act, prohibiting states from restricting curbside voting. Additionally, it outlines the reauthorization of the Election Assistance Commission and mandates an assessment of its information technology systems and administrative complaint procedures. It further repeals an exemption of the Election Assistance Commission from certain government contracting requirements. Lastly, it defines the term "election for Federal office" under the Help America Vote Act of 2002.
The Act defines the term "election for Federal office" as a general, special, primary, or runoff election for the office of President, Vice President, Senator, Representative, Delegate, or Resident Commissioner to Congress. It also clarifies that this definition does not supersede or limit the application of certain laws, including the Voting Rights Act, the Americans with Disabilities Act, and the National Voter Registration Act. Additionally, it states that the approval of a payment or grant application under this title does not affect requirements for preclearance under the Voting Rights Act. It further clarifies that states are not prohibited from enacting laws that provide greater opportunities for individuals to register and vote in Federal elections. Lastly, it exempts states without voter registration requirements and states that do not collect telephone information from certain provisions.
The Act is a proposed amendment to a law called the Democracy Restoration Act of 2023. The amendment aims to address discrepancies in state laws regarding voting rights for individuals with criminal convictions. It states that the right to vote is a fundamental act of citizenship and should not be denied based on race, color, gender, or previous condition of servitude. The amendment also discusses the lack of a uniform standard for voting in federal elections, variations in the restoration of voting rights after a criminal conviction, and the disproportionate impact of state disenfranchisement laws on racial and ethnic minorities. Additionally, the amendment includes provisions related to the application of certain provisions to states that do not collect telephone information for voter registration.
State disenfranchisement laws vary widely across the United States. Some states, like Maine, Vermont, and Puerto Rico, do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens under federal supervision. Twenty-five states disenfranchise certain individuals on felony probation or parole, but in 2023, Minnesota and New Mexico expanded voting rights to citizens on felony probation and parole. Certain offenses in some states can result in lifetime disenfranchisement. Additionally, several states deny the right to vote to individuals convicted of certain misdemeanors. In 2022, over 4.6 million US citizens, or about 1 in 50 adults, were unable to vote due to felony convictions. Only a small percentage of these individuals were in prison or jail, while the majority resided in their communities on probation or parole or after completing their sentences. Approximately 2.2 million citizens who had completed their sentences were disenfranchised due to restrictive state laws. In Florida, over 930,000 individuals who completed their sentence remain disenfranchised due to a pay-to-vote requirement implemented in 2019. Some states that disenfranchise individuals post-sentence allow for the possibility of regaining voting rights, but the process can be non-uniform and potentially discriminatory. Financial restrictions and additional barriers exist for individuals convicted of federal offenses. Many felony disenfranchisement laws originated from post-Civil War efforts to suppress the Fourteenth and Fifteenth Amendments, with the aim of preventing African Americans from voting. These laws continue to impact racial and ethnic minorities disproportionately.
The Act highlights the disproportionate disenfranchisement of African Americans, Latinos, and women due to felony convictions. It states that over 1.8 million African Americans and at least 506,000 Latino Americans are unable to vote. It also argues that denying voting rights to individuals with criminal convictions hinders their rehabilitation and reintegration into society. The document suggests that restoration of voting rights reduces violence and protects public safety. It further points out that state disenfranchisement laws can discourage voting among family and community members of disenfranchised individuals. Lastly, it mentions that the permanent denial of voting rights for individuals with felony convictions is not common among Western democracies and may violate the Eighth Amendment's prohibition on cruel and unusual punishments.
The document discusses the issue of disenfranchisement laws and their violation of the Eighth Amendment's prohibition on cruel and unusual punishments. It highlights that many state laws that deny voting rights to individuals convicted of felonies are disproportionate to the offenses committed, particularly when the convictions are for non-violent crimes. Additionally, the document mentions that some states tie the restoration of voting rights to the payment of fines and fees, which is considered a violation of the Twenty-Fourth Amendment. The proposed solution is to prevent states from conditioning voting rights on the completion of probation or parole. The document also includes sections of a proposed law that protect the voting rights of individuals with criminal convictions and provide enforcement mechanisms.
The Act discusses two separate sections of a law. The first section, SEC. 1704, addresses the relief available to individuals who have experienced a violation of their voting rights. It states that if the violation is not corrected within 90 days of receiving notice, the aggrieved person can seek declaratory or injunctive relief through a civil action. However, there is an exception for violations occurring within 30 days before a federal election, where notice is not required before taking legal action.
The second section, SEC. 1705, pertains to the notification of restoration of voting rights. It requires each state to provide written notification to individuals convicted of a criminal offense under state law, informing them of their right to vote in federal elections and providing necessary materials for voter registration. The timing of this notification depends on whether the individual was convicted of a felony or a misdemeanor, with different criteria for each. Additionally, individuals convicted of a federal offense must also be notified of their voting rights.
The Act discusses various definitions and provisions related to voting rights and the notification of rights for individuals convicted of misdemeanors. It states that individuals convicted of misdemeanors must be notified of their rights on the date of their sentencing. It also defines terms such as correctional institution, election, federal office, and probation. The document clarifies that state laws regarding voting rights can be less restrictive than federal laws. Additionally, it states that the rights and remedies established by this law do not supersede or limit the application of other voting rights acts. Lastly, it mentions that federal prison funds cannot be used unless certain conditions are met, including the notification of incarcerated individuals about their rights.
The Act states that citizens of the United States voting in any election for Federal office held after the enactment of this Act must provide identification as a condition of receiving a ballot. However, there are alternative options for individuals who cannot present identification, such as providing a sworn written statement attesting to their identity or casting a provisional ballot. The document also prohibits any additional requirements or conditions for casting a provisional ballot.
If you cast a provisional ballot in an election, the election official cannot determine if you are eligible to vote unless your signature on the ballot matches the signature on the official list of registered voters or you provide an identifying document within a certain timeframe. If there is a discrepancy in your signature or other defects on the ballot, the election official must notify you and give you an opportunity to cure the discrepancy or defect before deciding whether to count your ballot.
The Act states that states with voter registration requirements must meet certain requirements. It clarifies that individuals who provide a sworn statement can cast a regular ballot instead of a provisional ballot. The document also mentions the development of pre-printed versions of statements for individuals to fill out at polling places. It states that states with voter identification requirements must provide government-issued identification to registered voters without charge. The document defines an applicable identifying document as any document issued to an individual containing their name.
The Act states that the term "applicable identifying document" includes various forms of identification that can be used for certain purposes, as long as they are not expired. These include driver's licenses, passports, employee identification cards, student identification cards, military identification cards, gun licenses, Medicare cards, birth certificates, voter registration cards, and more. Copies and electronic versions of these documents are also accepted. Additionally, the Election Assistance Commission will provide payments to states to cover the costs of providing these identification documents.
The Act discusses provisions related to voter identification requirements and voter caging. It states that states must comply with voter identification requirements for federal elections held on or after January 1, 2024. It also prohibits voter caging, which refers to the practice of sending non-forwardable documents to registered voters or applicants and compiling lists of individuals based on the return or non-return of these documents.
The Act states that no State or local election official can prevent an individual from registering or voting in a Federal election based on certain evidence, such as voter caging documents or unverified match lists. The Attorney General can take legal action to enforce this provision, and individuals who are affected by a violation of this section can also bring a civil action for relief. Knowingly challenging the eligibility of voters in violation of this section can result in criminal penalties. This section does not override the protections of the National Voter Registration Act of 1993 or the Voting Rights Act of 1965. The second part of the document discusses the conditions for removing voters from the list of registered voters.
The National Voter Registration Act of 1993 has been amended to include conditions for the removal of voters from the official list of registered voters. A state cannot remove a registrant unless there is objective and reliable evidence of their ineligibility to vote. Factors such as failure to vote, respond to election mail, or take any other action related to voting cannot be considered as evidence of ineligibility. However, a state can remove a registrant if official records show that the registrant has died or permanently moved out of the state. The state must provide an opportunity for the removed voter to demonstrate their eligibility and be reinstated. The state must also send a notice to the removed registrant within 48 hours, stating the grounds for removal and how to contest or be reinstated, except in cases where the registrant confirms in writing that they are no longer eligible to vote or if they were removed due to death.
Public Notice: After removing ineligible voters from the official list of eligible voters, the State must disseminate a public notice within 48 hours. This notice should inform the general public about the list maintenance and encourage registrants to check their registration status for any errors. The notice should be accessible to voters with disabilities.
Conditions for Transmission of Notices of Removal: A State can only send a notice to a registrant if there is objective and reliable evidence that the registrant has changed residence to a place outside the jurisdiction where they are registered.
Conforming Amendments: Amendments are made to the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to align with the changes mentioned above.
Severability: If any provision of this title or its amendments is deemed unconstitutional, the rest of the title and its application will not be affected.
Prohibiting Interference with Voter Registration: It is illegal for anyone, whether acting under the law or not, to corruptly hinder, interfere with, or prevent someone from registering to vote or assisting another person in registering to vote.
The Act states that anyone who attempts to commit an offense related to hindering or interfering with voter registration or voting will face the same penalties as if they had actually committed the offense. The penalties include fines, imprisonment, or both. The document also mentions the establishment of best practices to prevent such violations and the restrictions on the removal of local election administrators in the administration of federal elections. These measures aim to ensure fair and impartial elections in accordance with the Constitution.
The Elections Clause in the Constitution grants Congress broad power over Federal elections and allows them to preempt State regulation in this area. This authority was intended to ensure free and fair elections, promote uniformity, and protect the rights of the people. It also allows Congress to check any abuses by the States in regulating elections. The Supreme Court has recognized that Congress has the power to regulate all aspects of the Federal election process and enforce its laws, even if it imposes additional costs on the States. Congress has used this authority to regulate redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting.
The document discusses the importance of fair and impartial administration of federal elections and the need to protect voting and elections from corruption or fraud. It states that Congress has the authority to ensure that federal elections are free from political bias or discrimination and that election officials are not influenced or coerced. It highlights concerns about certain state policies that grant wide latitude to statewide election administrators to suspend or remove local election administrators without requiring proof of intent to commit a violation. The document proposes a restriction that allows suspension or removal of a local election administrator only for inefficiency, neglect of duty, or malfeasance in office. It also provides a private right of action for local election administrators who are suspended, removed, or relieved of duties in violation of the proposed restriction. Such administrators can bring a legal action for declaratory or injunctive relief against the responsible statewide election administrator, with a statute of limitations of one year from the date of the adverse action.
The Act discusses various aspects related to attorney's fees, removal of state proceedings to federal court, the right of the United States to intervene, and reporting requirements to the Department of Justice. It states that a prevailing plaintiff may be awarded reasonable attorney's fees, including expert fees. It also allows a local election administrator to remove a proceeding to a federal court if they are subject to suspension, removal, or relief from duty by a statewide election administrator. The United States has the right to intervene in such proceedings. Additionally, it specifies that a court reviewing actions under this section should not give deference to state officials involved in the proceedings. Lastly, it requires the statewide election administrator to submit a report to the Assistant Attorney General for the Civil Rights Division of the Department of Justice within 30 days of suspending, removing, or relieving the duties of a local election administrator, providing information on the reasons for such actions.
The Act discusses the requirements for reporting the suspension, removal, or relief of duties of a local election administrator. It includes information about the effect on election administration and voters, demographic information about the administrator, and the criteria for determining the reason for the suspension. It also specifies an expedited reporting timeline for actions occurring within 30 days of a federal election. The definitions of election, federal office, local election administrator, and statewide election administrator are provided. The document concludes with a rule of construction clarifying that this section does not grant additional authority to remove a local elections administrator beyond what is provided by state law. Additionally, the document mentions an amendment to prohibit the harassment of election workers.
The document states that it is illegal to intimidate or threaten election workers while they are performing their duties or retaliate against them for their official duties. The term "election worker" includes election officials, poll workers, and volunteers involved in federal elections. The document also includes amendments to the law to protect election workers, such as prohibiting the publication of personal information with the intent to threaten or intimidate them or their immediate family. Additionally, the document mentions a subtitle called the Deceptive Practices and Voter Intimidation Prevention Act of 2023, which prohibits deceptive practices in federal elections.
The Act introduces new provisions that prohibit the dissemination of false information related to federal elections within 60 days before the election. It also prohibits the communication of false statements about endorsements and the intentional hindrance or prevention of voting or registering to vote. These provisions apply to any general, primary, runoff, or special election for the President, Vice President, members of Congress, or delegates from territories or possessions.
The Act introduces amendments to the Revised Statutes and the United States Code regarding private rights of action and criminal penalties related to federal elections. The amendments allow individuals who have been harmed by a violation of election laws to file civil actions for preventive relief in federal court. The court may grant injunctions or other orders and may award attorney's fees to the prevailing party. The document also outlines criminal penalties for deceptive acts, including false statements about federal elections, with fines of up to $100,000 and imprisonment for up to 5 years. Additionally, it prohibits hindering, interfering with, or preventing voting or registering to vote, with the same penalties for violations.
The Act states that anyone who attempts to commit certain offenses related to elections will be subject to the same penalties as if they had actually committed the offense. It also increases the penalties for voter and election worker intimidation. The United States Sentencing Commission is authorized to review and amend the sentencing guidelines for these offenses. Additionally, the document discusses corrective action that the Attorney General can take if false information is being communicated during elections.
The Act states that the Attorney General is required to establish procedures for taking corrective action against deceptive practices related to elections. The procedures should be published within 180 days and include appropriate deadlines. The Attorney General must consult with various organizations in developing these procedures. The Attorney General is also required to submit a report to Congress after each general election, which includes allegations of deceptive practices, the status of investigations, corrective actions taken, referrals to other agencies, and any civil or criminal actions related to the allegations.
The Act includes provisions regarding the exclusion of certain information from a report submitted by the Attorney General, such as privileged information, ongoing investigations, and sealed criminal or civil proceedings. It also states that the report must be made publicly available. Additionally, it discusses private rights of action by election officials in cases of violation of election laws, and the communication of corrective action by the Attorney General. Lastly, it mentions making intimidation of tabulation, canvass, and certification efforts a crime, as well as strengthening protections for federal election records.
The Act states that Congress has the authority to regulate federal elections, including establishing standards for fair administration. The document also mentions that Congress has intervened in the past to protect the integrity of federal elections. The document then discusses amendments to the Civil Rights Act of 1960, which include preserving election records and equipment and providing guidance for compliance.
The Act discusses the establishment of guidelines and protocols for retaining and preserving records and papers related to federal elections. It also outlines penalties for interference with these records and provides for judicial review to ensure compliance with the regulations. The Attorney General is empowered to take legal action to enforce these requirements.
The document is from the Right to Vote Act, which aims to protect the right to vote in federal elections. It states that the court has a duty to prioritize and expedite the resolution of any legal actions related to this act. The act prohibits any burdens on the time, place, or manner of voting for citizens of legal voting age. It also states that the government cannot diminish the ability to vote unless it is the least restrictive means of furthering an important government interest. Additionally, the government cannot substantially impair the ability to vote unless it significantly furthers an important government interest. The act allows for judicial review, where an aggrieved person or the Attorney General can bring a civil action to challenge violations. The court will apply specific standards in these cases, including establishing a prima facie case of retrogression and allowing the government an opportunity to demonstrate the necessity of the diminishment.
The Act discusses the burden of proof in challenging government actions related to voting rights. If the government can show that their actions are necessary, the challenged rule will be deemed valid. However, if the plaintiff can demonstrate that there is a less restrictive means for the government to achieve their goal, the rule will be considered invalid. The document also emphasizes the duty of the court to expedite the resolution of such cases and clarifies the definition of terms used in the document. It also states that this part of the law does not authorize the government to burden the right to vote and does not limit other rights and remedies available under state and federal law.
The Act contains provisions related to the interpretation and application of certain sections of an Act. It clarifies that certain sections do not affect other provisions of the Act and provides definitions specific to certain parts of the Act. It also includes provisions on the severability of unconstitutional provisions and the effective date of certain actions brought for retrogression or substantial impairment of voting rights. Additionally, it includes findings by Congress regarding the jurisdiction of federal courts in election disputes and repeals a specific section of the United States Code while affirming the continuing authority of courts to hear cases under other existing authority.
The Act states that district courts in the United States still have the authority to exercise jurisdiction over cases related to elections for federal or state legislative offices. It also mentions a clerical amendment to the table of sections for chapter 85 of title 28, United States Code. Additionally, it discusses grants provided by the Election Assistance Commission to states for the recruitment and training of poll workers, with a focus on ensuring access and cultural considerations for all voters. States must submit an application and meet certain requirements to be eligible for these grants. The effective date of this part and its amendments is specified.
The Act discusses provisions related to youth and diversity in voter registration and voting for federal elections. It states that no person, other than a state or local election official, can submit a formal challenge to an individual's eligibility to vote unless they have personal knowledge supported by written documentation and an oath or attestation. However, challenges based on race, ethnicity, or national origin are not considered to have a good faith factual basis. The document also mentions the amount of grants given to states for voter registration efforts, reporting requirements for grant recipients, and funding availability for these programs. Additionally, it defines the term "State" to include various territories and districts.
The Act contains two provisions related to elections for Federal office. The first provision prohibits individuals, other than election officials, from challenging someone's eligibility to vote on the day of the election, unless the challenge could not have been made earlier. It also limits challenges to voter eligibility within 10 days before the election, unless the individual registered to vote within 20 days before the election.
The second provision establishes a buffer rule for poll observers in Federal elections. It prohibits poll observers from coming within 8 feet of a voter or ballot during any period of voting or a ballot during the processing of voting results. However, it clarifies that a State or local election official can require poll observers to maintain a greater distance.
These provisions will apply to elections for Federal office occurring on or after January 1, 2024. Additionally, the document includes a conforming amendment relating to voluntary guidance and a clerical amendment to the table of contents of the Act.
The document also introduces a separate subtitle called the Voters Access to Water Act, which aims to address long wait times at polling places. It highlights the need to allow volunteers to provide food and water to voters in line, regardless of their political preference, to ensure their constitutional right to vote is not hindered by dehydration, inadequate food, discomfort, or health risks.
Section 3702 of the Help America Vote Act of 2002 has been amended to prohibit states from restricting the donation of food and nonalcoholic beverages outside of polling stations during federal elections, as long as the distribution is not based on the recipients' political preferences. However, states can require those distributing food and beverages to refrain from engaging in political or electioneering activities. This amendment will take effect on January 1, 2024. Additionally, Section 321 (b)(4) of the Act has been amended to include Section 317 in the voluntary guidance. The purpose of these amendments is to address the issue of illicit money being hidden and laundered through anonymously held Limited Liability Companies (LLCs) or shell companies, which can be used by criminals, terrorists, and corrupt officials for illegal activities.
The Panama Papers and Paradise Papers revealed that shell companies often buy and sell US real estate, evading anti-money laundering laws and hiding beneficiaries from regulators. Since the Citizens United case, billions of dollars have flowed into super PACs through anonymous LLCs, concealing the true sources of funds and allowing illegal campaign contributions. Congress should require US companies to disclose their beneficial owners, strengthen anti-money laundering laws, and examine the risks of money laundering in the real estate market. Congress should also address corruption and monitor enforcement of anti-corruption laws. Additionally, a new amendment proposes that political committees and individuals must notify the FBI and the Federal Election Commission of any reportable foreign contacts, providing a summary of the circumstances.
The term "reportable foreign contact" refers to any direct or indirect communication between a candidate, their immediate family, a political committee, or its officials, employees, or agents, and an individual who is known or believed to be a covered foreign national. This includes offers or proposals for contributions, coordination or collaboration with a covered foreign national, or the provision of information or services related to an election. There are exceptions for contacts made by elected officials or their employees in an official capacity, contacts made for the purpose of enabling election observation, and contacts that involve prohibited disbursements. A covered foreign national is defined as a foreign government or political party, individuals acting on their behalf, or individuals listed by the Office of Foreign Assets Control of the Department of the Treasury.
The Act states that in the case of a US citizen, certain clauses apply only if the person acts as an agent of a foreign principal. It also defines "immediate family member" as a parent, parent-in-law, spouse, adult child, or sibling of a candidate. The amendment made by this Act applies to foreign contacts occurring after the enactment date. The amendment also requires political committees to include specific information about reportable foreign contacts in their reports, such as the date, time, location, individuals involved, and nature of the contact. The amendments apply to reports filed after a 60-day period from the enactment date. Additionally, the Act establishes a policy for political committees to report any reportable foreign contacts within 3 days and retain related records for at least 3 years. The treasurer of each political committee must certify that the committee has implemented these policies.
The Act states that political committees must have policies in place to prevent foreign interference in elections. These policies must be monitored and all committee officials, employees, and agents must receive notice of the policies, be informed of the prohibitions, and sign a certification acknowledging their understanding. The amendment applies to committees that file a statement of organization after the enactment of the Act. Existing committees must file a certification of compliance within 30 days. The document also outlines criminal penalties for knowingly and willfully violating the law or concealing materials related to foreign contacts. Additionally, the Director of the FBI is required to submit an annual report to congressional intelligence committees regarding notifications received under the Act, including the number of notifications, protocols and procedures, and any subsequent actions taken.
The Act defines the term "congressional intelligence committees" and clarifies that the rules and amendments made in this section should not hinder journalistic activities or limit the right to express political views for certain individuals. Additionally, it introduces the Voter Confidence and Increased Accessibility Act of 2023, which requires the use of individual, durable, voter-verifiable paper ballots in elections for Federal office. These paper ballots must be marked by the voter and can be counted by hand or by a ballot tabulation device. The voting system should allow voters to correct any errors on the paper ballot before it is preserved, and the system should not associate a voter with their vote selections. The official ballot used in accordance with these requirements will be preserved and used for any recounts or audits of the election.
The Act states that in any recount or audit conducted for a federal election, paper ballots that were not counted by the machine must be counted by hand. If there are any inconsistencies between electronic vote tallies and the hand-counted paper ballots, the paper ballots will be considered the true record of the votes. The document also mentions that Congress should update voting system requirements to keep up with best practices and recommendations for security and accessibility. Additionally, the document discusses the need for accessibility for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, and the requirement for voting systems to produce a voter-verifiable paper ballot.
The Act states that voting systems purchased with funds made available under title II on or after January 1, 2007, must meet certain voting system standards for disability access. These standards include allowing voters to privately and independently verify their permanent paper ballot, marking ballots that are identical to those marked by hand or by a ballot marking device, and combining ballots produced by devices for individuals with disabilities with other ballots to prevent identification. The Attorney General, in consultation with relevant boards and agencies, will determine the sufficient number of voting systems for each polling location. Additionally, the document discusses a grant program for studying, testing, and developing accessible and secure remote voting systems, as well as devices to enhance voting accessibility for individuals with disabilities. Eligible entities must submit an application with specified information and certifications to receive a grant.
The Act discusses the availability of technology developed with grants for voting systems, the coordination of grants for technology improvements, authorization of appropriations, clarification of accessibility standards for paper ballot verification requirements, and durability and readability requirements for paper ballots. It emphasizes the need for accessible voting technology and the importance of durable and readable paper ballots.
Section 3905 of the law requires the Election Assistance Commission to study and report on the best ways to design ballots for elections, aiming to minimize confusion and user errors. Section 3906 establishes cybersecurity requirements for ballot marking devices, prohibiting the use of wireless communication devices and the connection of systems to the internet. Section 3907 sets the effective date for these new requirements, with most states and jurisdictions required to comply by January 1, 2006, but with some exceptions for certain jurisdictions using specific paper record printers or systems.
This document describes a jurisdiction that used voting machines with paper record printers or other voting systems that produced paper records for the 2022 federal election. These jurisdictions are required to offer eligible voters the option to cast their vote using a blank paper ballot, provided by the election official. The paper ballots will be treated as regular ballots and not provisional ballots, unless the voter would have otherwise been required to cast a provisional ballot. Election officials must display a notice explaining this option at each polling place, and they must be trained on these requirements.
The Act states that certain requirements regarding voting systems will only apply from January 1, 2024, until the jurisdiction replaces outdated printers or systems used in elections. There is a provision for jurisdictions using voting systems with wireless communication devices or internet connections to delay compliance with certain requirements until a later date. Grants are also available for states to obtain compliant paper ballot voting systems and improve voting system security.
The Act discusses the use of funds to improve voting systems. It mentions the option to replace non-compliant voting systems with compliant ones, carry out security improvements, implement best practices for ballot design and instructions, and purchase accessible voting systems. The amount of payment to eligible states is determined based on population and voting age population. The document also defines a "grandfathered voting system" as one used by specific jurisdictions. Voting system security improvements can include acquiring goods and services from qualified vendors.
The Act outlines provisions for cyber and risk mitigation training, security assessments of election infrastructure, maintenance of election infrastructure, technical support for information technology infrastructure, enhancement of cybersecurity for voter registration systems, and eligibility requirements for states to receive grants. It also mandates reports to Congress and authorizes appropriations for these activities.
The Act authorizes the appropriation of funds for grants to obtain compliant paper ballot voting systems and improve voting system security. It specifies the amounts to be appropriated for fiscal years 2024, 2026, 2028, 2030, and 2032. The funds remain available until expended. The document also outlines criteria for qualified election infrastructure vendors, including requirements related to ownership, sourcing, disclosure, cybersecurity best practices, and supply chain best practices.
The vendor must have personnel policies consistent with cybersecurity best practices and undergo background checks. The election infrastructure must adhere to data integrity best practices, including encryption and validation. The vendor must report any known or suspected cybersecurity incidents and allow independent security testing. Notifications of incidents must be submitted promptly and include relevant details.
The Act outlines requirements for reporting and responding to election cybersecurity incidents. It specifies the information that must be included in incident reports, such as the date, time, and duration of the incident, as well as the specific election infrastructure systems affected. The Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Election Infrastructure Sector Coordinating Council, is tasked with developing criteria for reporting incidents. The document also provides definitions for terms such as "chair," "chief state election official," and "election infrastructure." Additionally, the document includes provisions regarding the counting of provisional ballots and the establishment of uniform and non-discriminatory standards.
The Act discusses the counting of provisional ballots and the due process requirements for states that require signature verification.
Regarding provisional ballots, if a voter casts a provisional ballot in the same county they are registered or eligible to vote, the appropriate election official must count each vote on that ballot for the elections the voter is eligible to participate in. Election officials must also provide clear instructions to voters who receive provisional ballots, including the reason for receiving the ballot, the information needed to prove eligibility, the location and deadline for submitting the required materials, and translation assistance if necessary. Voters who cast provisional ballots on Indian lands can submit their documentation at any polling place or central location. Additionally, voters must be notified if their provisional ballot was counted or rejected, along with the reason for rejection if applicable.
Regarding signature verification, a state cannot require signature verification for accepting and counting a provisional ballot in a federal election unless the state meets certain due process requirements. Signature verification refers to the process of comparing the voter's signature on the provisional ballot with their signature on the official list of registered voters or other official records used for signature verification.
The Act outlines the due process requirements for handling provisional ballots with discrepancies in signatures or other defects. If a discrepancy is found, the election official must make a good faith effort to notify the individual and provide an opportunity to cure the discrepancy before the ballot is counted. The same process applies if a provisional ballot is missing a signature or has another defect. The individual must be notified and given a chance to provide the missing signature or cure the defect before the ballot is counted.
The Act states that for elections held on or after January 1, 2024, each state must establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. It also requires that when verifying signatures on ballots or other documents, at least two election officials must make the determination, and each official must have received training in signature verification procedures. Additionally, one official must be affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office, and another official must be affiliated with the political party whose candidate received the second most votes. However, this requirement does not apply to states where signature discrepancies are determined by election officials who are not affiliated with a political party. The chief State election official of each state must submit a report to the Commission within 120 days after the end of a Federal election cycle, including information on the number of invalidated provisional ballots, attempts to contact voters, and the cure process. The Commission will then transmit the report to Congress within 10 days. It is important to note that this subsection does not prohibit states from rejecting ballots from individuals who are not eligible to vote or from providing individuals with more time and methods to cure signature discrepancies than required.
The Act includes two sections. The first section prohibits states from imposing additional conditions or requirements on the eligibility of individuals to cast provisional ballots. The second section introduces a new requirement for post-election audits, defining terms such as "post-election audit," "reported outcome," "correct outcome," and "manual adjudication of voter intent." It also defines "ballot manifest" and outlines the requirements for conducting post-election audits.
The Act states that each state and jurisdiction must conduct post-election audits for all federal office election contests. However, if a full recount through manual adjudication of voter intent is conducted, this requirement does not apply. The document also outlines the rules and procedures that must be established for conducting these audits, including ensuring ballot security, accuracy of ballot manifests, random selection of ballots for manual inspection, and testing of software used in audits. After completion of the audit, the state must make a public report on the results, which should be published in machine-readable, open data formats while protecting the anonymity of votes. The report should be made available on the Commission's website. Compliance with these requirements is mandatory for states and jurisdictions.
The Act discusses the implementation of post-election audits for federal office elections. It states that each state must conduct a post-election audit for at least one statewide election contest for federal office in the years 2026 and 2028. The audit involves manually reviewing a sample of validly cast ballots to determine voter intent. From 2030 onwards, each state must conduct post-election audits for at least one statewide election contest for federal office or a randomly chosen election contest. The document also mentions the possibility of waivers for states unable to meet the audit deadlines. Additionally, it mentions the establishment of an advisory committee to study post-election audit best practices.
The document states that the Director of the National Institute of Standards and Technology will appoint individuals to an advisory committee for election security. The committee will include state and local election officials, experts in election security, post-election audit procedures, and statistical methods. It also authorizes the appropriation of funds necessary for the committee's purposes. Additionally, the document amends the Homeland Security Act to include election infrastructure in its designation. It also amends the Help America Vote Act to include guidelines and certification for electronic poll books and remote ballot marking systems. The guidelines will describe functionality, accessibility, and security principles for the design, development, and operation of these systems. The Commission will adopt initial guidelines for these systems within a year of the enactment of the Freedom to Vote Act. The document also provides definitions for electronic poll books and remote ballot marking systems.
The document states that amendments are being made to the Help America Vote Act of 2002. These amendments require states to submit reports on their voting system usage, including electronic poll books and other equipment. The amendments also require states to ensure that voting machines used in federal elections are manufactured and assembled in the United States, and that any software or code developed for these voting systems is also developed and stored in the United States. These requirements will be effective starting from the regularly scheduled general election in November 2024.
Section 301(d)(1) of a particular Act is amended to include subsection (a)(10) and paragraph (2) instead of just paragraph (2). Section 315(a)(9)(B) of the Federal Election Campaign Act of 1971 is amended to allow the use of a fund for technology or cybersecurity-related expenses. This amendment will apply from 2024 onwards. If any provision of this title is deemed unconstitutional, the rest of the title will not be affected. Congress has the authority to establish rules for congressional redistricting based on various constitutional provisions, including the power to enforce protections against partisan gerrymandering. Requiring states to use uniform redistricting criteria is seen as a valid exercise of this authority.
The Act contains two sections related to redistricting. The first section, SEC. 5002, states that a state cannot be redistricted again until after the next apportionment of Representatives, unless a court requires it to comply with certain laws. The second section, SEC. 5003, outlines the criteria that must be met for a redistricting plan to be valid, including compliance with the United States Constitution, the Voting Rights Act, and ensuring the ability of protected groups to participate in the political process.
Districts must be drawn to represent communities of interest and neighborhoods, taking into account shared interests and needs based on factors such as ethnicity, race, economics, social, cultural, geographic, or historic identities. Political subdivisions may be included, but not relationships with political parties or candidates. When considering multiple communities of interest, priority should be given to those that would benefit the most from being included in a single congressional district. States are prohibited from using a redistricting plan that favors or disfavors any political party. The determination of whether a plan has this effect should consider factors such as computer modeling, statistical analysis, and comparison to alternative plans that comply with the requirements.
The Act discusses the criteria for assessing whether a redistricting plan is in violation of certain regulations. It mentions the importance of transparency and broad support for the plan, as well as the process for determining a presumption of violation. The assessment involves determining the number of districts carried by each political party in recent elections and evaluating whether there is partisan advantage or disadvantage beyond a certain threshold. The document also mentions the use of quantitative measures and prohibits rounding in calculations.
The Act discusses the standards and procedures for determining whether a redistricting plan violates the principle of partisan fairness. It states that the court may use quantitative measures, such as the efficiency gap, to assess partisan fairness, but not strict proportionality. If a plan exceeds the applicable threshold for partisan fairness in at least two elections, it is presumed to violate the principle. The use of a plan can be stayed during legal proceedings if it is presumed to violate partisan fairness. The absence of a presumption of violation does not affect the determination of the plan's effect or intent. The court can consider various evidence, including partisan effects, support for the plan, and transparency in the development process, to determine if a plan was drawn with the intent to favor or disfavor a political party. A redistricting plan cannot be found in violation based on certain criteria unless alternative plans could have complied without favoring or disfavoring a political party. The factors of residence, political party affiliation, and voting history cannot be considered in developing the redistricting plan, except as necessary to comply with criteria for partisan fairness.
The Act states that a state cannot use any criteria or policies not mentioned in this section to justify non-compliance with the requirements of this section. It applies to any authority responsible for enacting a state's congressional redistricting plan. It applies to plans enacted after April 26, 2021. If any provision of this section is found unconstitutional, the rest of the section and its application to other situations will not be affected. The document also outlines requirements for the development of the redistricting plan, including soliciting public input, maintaining a public website with relevant information, and holding hearings to gather public input.
The Act outlines the requirements for public participation and transparency in the redistricting process. It states that hearings must be held in various locations and streamed online to ensure public access. Proposed plans and data must be made available for public review at least 5 days before any vote or hearing. A written evaluation of the plan's compliance with criteria, including the impact on voting rights and communities of interest, must be released 48 hours before a vote. All public comments received must be made available online 24 hours before the final adoption vote. It also establishes deadlines for states to enact a final redistricting plan. If a previously enacted plan does not meet the requirements, a compliant plan must be enacted within 45 days of the effective date of this title.
If a state fails to enact a final congressional redistricting plan by the deadline, any citizen of the state can file a lawsuit asking the United States district court to take over. The court will have the exclusive authority to develop and publish a redistricting plan for the state. The plan developed by the court will be considered enacted on the date it is published. The applicable venue for the lawsuit is either the District of Columbia or the judicial district where the state capital is located. The court must adhere to the same criteria and have access to the same information as the state would have had. The court will hold hearings and consider public input in developing the plan. They may also appoint a special master to assist in making recommendations. Once the court completes the plan, it will be made available to the public along with the underlying data and an evaluation.
The Act discusses the process of developing and publishing redistricting plans for a state. After a 14-day period for public input, the court is required to develop and publish a final redistricting plan. However, if there is not enough time for an upcoming election, the court may create an interim plan that will be used until a final plan is developed. Appeals of the final or interim plan will be governed by the appellate process. The filing of an action under this section will stay any proceedings in state court regarding the state's congressional redistricting plan. The Attorney General and individuals aggrieved by the state's failure to meet redistricting requirements can bring civil actions for appropriate relief. However, no monetary damages will be awarded to the prevailing party. Copies of the complaint must be delivered to the Clerk of the House of Representatives and the Secretary of the Senate.
The document states that the district courts of the United States have exclusive jurisdiction to hear and decide claims that a congressional redistricting plan violates the Constitution or federal law. The venue for such claims can be the United States District Court for the District of Columbia or the judicial district where the state capital is located. If a civil action includes a claim that a redistricting plan violates specific sections of the law, the United States District Court for the District of Columbia has jurisdiction over the defendant. The use of a 3-judge court is required if the action raises statewide claims. A final decision in an action brought under this section can be appealed to the United States Court of Appeals for the District of Columbia Circuit and then to the Supreme Court. The courts are required to expedite the disposition of the action and appeal. If a congressional redistricting plan is found to violate the law, the district court can adopt a replacement plan or allow the state to propose a remedial plan for review, except if the court determines that the original plan was enacted with discriminatory intent.
The Act discusses various provisions related to congressional redistricting plans and elections. It states that no court can order a state to use a redistricting plan that violates the requirements of the law. If a court case is not expected to be resolved before the next primary election, the court must develop an interim plan or adjust election timing to ensure fair representation. The court cannot refuse to take action due to pending elections. Additionally, no stay can be issued to prevent the development or adoption of a replacement plan, unless it is deemed an abuse of discretion. The Court of Appeals has the authority to order the development of a new plan if the existing plan does not comply with the law. If the District Court fails to take timely action, a party can seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit.
The Court of Appeals has the power to handle requests for a writ of mandamus and will establish a fast-tracked process to resolve the request. If the Court of Appeals decides to grant the writ, they will take necessary action, including creating a new congressional redistricting plan with the help of a special master, to ensure that a new plan is in place before the next House of Representatives election. The enactment of a replacement plan by a state does not limit the court's authority to address any other claims or issues related to the original plan, including claims of discriminatory intent. In a civil action under this section, the court may award reasonable attorney fees and costs to the prevailing party. The rights and remedies provided by this section are in addition to those provided by the Voting Rights Act of 1965 and do not authorize or require any conduct prohibited by the Act. Legislative privilege cannot be claimed in a civil action or legal challenge to a redistricting plan. A civil action brought in a state court can be removed to a federal district court if it asserts a claim falling under the exclusive jurisdiction of the federal court. Claims not within the federal court's jurisdiction will be severed and sent back to the state court.
Section 5007 of The Act states that it does not affect the way states conduct elections for state and local offices, including the process of establishing election districts. Section 5008 states that the document will take effect upon enactment and will apply to congressional redistricting plans resulting from the 2020 census.
Title VI of the document is called "Campaign Finance Transparency" and includes the DISCLOSE Act of 2023. Section 6001 provides the short title for this subtitle. Section 6002 states that campaign finance disclosure is important for various government interests, such as informing voters, deterring corruption, and enforcing campaign finance laws. It emphasizes that disclosure should be timely, complete, and reveal the true source of money used to influence federal elections. It also cites court cases that support the importance of disclosure.
Section 319 of the Federal Election Campaign Act of 1971 aims to close loopholes that allow foreign nationals to spend money in domestic elections. In 2021, the Federal Election Commission found a political consultant guilty of soliciting a contribution from a foreign national to a super PAC, using his company and two organizations to conceal the origin of the funds. The amendment to Section 319 clarifies the definition of "foreign national" and expands the definition of "contribution or donation" to include any disbursement that violates the Act's limitations, prohibitions, and reporting requirements. Additionally, the Act requires the Comptroller General to conduct a study on the presence of illicit foreign money in federal elections and submit a report to congressional committees.
The Act discusses provisions related to the use of illicit foreign money in targeting specific groups during election cycles. It includes definitions of terms such as 4-year election cycle, illicit foreign money, election, and Federal office. The document also prohibits contributions and donations by foreign nationals in connection with ballot initiatives and referenda. The provisions mentioned in this document will apply to elections held in 2024 and any subsequent years.
The document states that certain amendments are being made to the law regarding campaign expenditures and donations. It specifies various types of disbursements, including expenditures, independent expenditures, and disbursements for electioneering communications. It also mentions disbursements for communications on websites or digital applications that refer to a candidate within a certain timeframe before an election. The document further discusses disbursements by covered foreign nationals for communications promoting or opposing candidates and for compensating individuals for internet activity related to elections. Additionally, it introduces a new offense prohibiting the establishment or use of a corporation or entity with the intent to conceal election contributions or donations by foreign nationals. These amendments will apply to disbursements made after the enactment of the Act.
The Act discusses the penalties for violating a specific subsection of the law. It states that anyone who violates this subsection may be imprisoned for up to 5 years, fined, or both. The document also mentions the amendment of a table of sections in the United States Code. Additionally, it includes information about the reporting of campaign-related disbursements by covered organizations, specifying the requirements for disclosure statements and the information that must be included in them.
The Act states that a covered organization must have a certification from its chief executive officer or head stating that any campaign-related disbursement is not made in cooperation or consultation with a candidate, political party, or their agents. If the organization receives payments from individuals other than itself, it must disclose the names, addresses, dates, and amounts of those payments if they total $10,000 or more during a specific period. After 2024, certain limitations will apply to these payments.
The Act states that the Commission may require additional information to be included in a statement, as deemed necessary to fulfill the purposes of this section. There are exceptions to the requirement to include certain information in the statement, such as amounts received in the ordinary course of business or as investments, donations with restrictions on use, and cases where including certain personal information may subject a person to threats or harassment. The document also provides a definition of "beneficial owner" for the purposes of this section, with exceptions for certain individuals or entities.
The Act defines various terms related to campaign-related disbursements in federal elections. It explains that a campaign-related disbursement segregated fund is a separate bank account consisting of funds received from individuals other than the organization controlling the account. The disclosure date is the first date during an election reporting cycle when campaign-related disbursements exceed $10,000, and any subsequent date when such disbursements exceed $10,000. An election reporting cycle is a 2-year period starting from the most recent general election for federal office. The term "payment" includes contributions, donations, transfers, dues, or other payments. Information filed under this section may be excluded from other statements and reports. Statements required under this section must comply with the filing requirements of section 304. Campaign-related disbursement is defined as various types of expenditures related to advocating for or against a candidate for federal office. Applicable public communication refers to any communication that refers to a candidate for federal office and promotes or opposes their election, regardless of explicit advocacy. However, news stories, commentary, and editorials are not considered applicable public communications unless they are distributed through facilities owned or controlled by a political party, committee, or candidate. A covered organization includes corporations and certain other entities.
The Act discusses the definition of a "covered transfer" and the types of organizations that fall under this definition. It states that a covered transfer refers to any transfer or payment of funds made by a covered organization to another person for the purpose of making campaign-related disbursements. However, there are exclusions to this definition, such as disbursements made in the ordinary course of business or if the recipient agrees not to use the funds for campaign-related purposes.
The Act discusses a special rule regarding transfers of funds between affiliated organizations. It states that a transfer of funds between two organizations will be considered a covered transfer if the aggregate amount transferred during the year is equal to or greater than $50,000. The document also explains how to determine the amount of certain payments between affiliates and provides a description of transfers between affiliates. It further defines the criteria for determining affiliate status. Additionally, it mentions that the rule applies to transfers to affiliated organizations that are tax-exempt under section 501(c)(3) of the Internal Revenue Code. The document concludes by stating that this rule does not waive or affect any other reporting requirements related to campaign-related disbursements.
The document discusses the need for regulations regarding the exemption under section 324 (a)(3)(C) of the Federal Election Campaign Act of 1971. The regulations will place the burden of establishing eligibility for the exemption on the organization required to make the report. The regulations will also be consistent with the principles applied in the Citizens United v. Federal Election Commission case. Additionally, the document highlights the importance of a fair and impartial judiciary, the public's concern about corruption in politics and the courts, and the influence of dark money on judicial decision-making. It mentions the use of dark money to shape judicial selection and spending by nonprofit organizations to influence the nomination and confirmation process for Federal judges.
Anonymous money spent on judicial nominations is not currently required to be disclosed. Federal election laws only regulate contributions and expenditures related to electoral politics, so spending on Federal judgeships is not covered. This lack of disclosure means the public cannot know if those spending money on judicial nominations have business before the courts. Congress and the American people have a strong interest in knowing who funds these campaigns for lifetime appointments on the Federal bench. The proposed amendment to the Federal Election Campaign Act would treat disbursements for Federal judicial nomination communications as campaign-related disbursements, subject to reporting requirements. A Federal judicial nomination communication is defined as any communication that promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. Certain news stories, commentaries, or editorials are exempt from this definition. The intent of the person making the disbursement is irrelevant in determining whether it qualifies as a Federal judicial nomination communication.
SEC. 6013: The Director of the Financial Crimes Enforcement Network will provide necessary information to the Federal Election Commission to enforce a specific section of the Federal Election Campaign Act.
SEC. 6014: The ban on foreign money in campaign-related disbursements will also apply to disbursements made to individuals who have made campaign-related disbursements consisting of covered transfers within the past two years.
SEC. 6015: Congress recommends that the Federal Election Commission simplifies the process for filing required disclosures under the new provisions of the Act.
SEC. 6016: The amendments made by this part will apply to disbursements made on or after January 1, 2024, regardless of whether the Federal Election Commission has issued regulations.
SEC. 6021: The process for appealing decisions related to campaign finance laws, including seeking certiorari from the Supreme Court, is clarified.
SEC. 6022: A new section is added to allow for judicial review of actions challenging the constitutionality or lawfulness of provisions in the Act or the Internal Revenue Code, with specific rules for filing and appealing such actions.
The Act outlines the procedures and jurisdiction for challenging the constitutionality of a provision in a law. It states that the party filing the action must provide a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. The District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit are responsible for expediting the disposition of the action and appeal. If an amendment or other pleading challenges the constitutionality of the law, the action will be transferred to the District Court for the District of Columbia. Members of Congress have the right to intervene in such actions, either supporting or opposing the constitutionality of the provision. Members of Congress can also bring their own actions to challenge the constitutionality of the law. The document also includes amendments to the Internal Revenue Code and the Federal Election Campaign Act related to judicial review.
Section 403 of the Bipartisan Campaign Reform Act of 2002, which established disclosure requirements for political advertisements on television and radio, has been repealed. The Honest Ads Act aims to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements. Studies have shown a significant increase in spending on online political advertising, making it necessary to extend transparency requirements to internet platforms. Requiring disclosure of funding sources is important to inform voters and detect illegal foreign spending on elections. Paid advertising on large online platforms is different from other media in terms of cost, microtargeting, and the potential for evading disclosure requirements.
Requiring large online platforms to publicly disclose information about the political ads they distribute is necessary to provide voters with complete information about who is trying to influence their votes. This will also help enforce laws against foreign money in domestic campaigns. The influence of online platforms is greater than traditional media outlets, making it easier for disinformation campaigns to spread. Unlike broadcast media, social media platforms can target specific audiences with ads based on private information, allowing for contradictory, inflammatory, or false messages. These platforms possess key data about paid online ads that cannot be reliably disclosed by ad purchasers, which is crucial for informing the public and enforcing campaign finance regulations. Paid ads on social media have been used by foreign actors to manipulate elections. The Senate Select Committee on Intelligence has recommended that Congress pass legislation to ensure transparency in online political ads, similar to the requirements for TV, radio, and satellite ads. This will prevent foreign interference and provide accountability.
On March 16, 2021, the Office of the Director of National Intelligence released a declassified report on foreign threats to the 2020 U.S. Federal elections. The report found that Russia and Iran sought to influence the election through online activities and social media content. A Wall Street Journal report also revealed that major platforms rely on foreign governments to self-report political ad purchases, leading to under-reporting of ad-buys, including those related to human rights violations. China has been identified as a major purchaser of ads on U.S. social media platforms for propaganda purposes. While some platforms have implemented policies to prevent foreign actors from purchasing political ads, these actions are not consistent or reliably enforced. The Federal Election Commission's current regulations on political advertisements lack transparency. Congress recognizes the need for accountability and transparency in digital political advertisements and the public's right to know the true sources of funding for such ads. The expansion of the definition of public communication to include paid internet and paid digital communication is proposed to address these issues.
The Act involves amendments to the Federal Election Campaign Act of 1971. The amendments primarily focus on the treatment of contributions and expenditures in public communications, such as news stories, commentaries, and editorials distributed through broadcasting stations, newspapers, magazines, online platforms, and other mediums. The amendments also address disclosure and disclaimer statements in public communications and expand the definition of electioneering communication to include qualified internet and digital communications. The effective date of these amendments is the date of the enactment of the Act, regardless of whether the Federal Election Commission has issued final regulations by the specified deadline. The Federal Election Commission is required to promulgate regulations on paid internet or digital communications within one year of the Act's enactment, excluding communications paid for solely with internal resources.
The Act introduces amendments to the Federal Election Campaign Act of 1971 regarding internet and digital communications. It defines "qualified internet or digital communication" as any communication placed or promoted for a fee on an online platform. It also exempts certain online communications from the relevant electorate. The amendments require clear and conspicuous disclaimer statements for online communications, with special rules for qualified internet or digital communications. These amendments will apply to communications made on or after January 1, 2024, regardless of whether the Federal Election Commission has issued regulations.
The Act states that in order for a communication to be considered clear and conspicuous, it must meet certain requirements depending on the type of communication (text/graphic, audio, video, or other). Exceptions provided in certain regulations do not apply to qualified internet or digital communications. Additionally, there are modifications to the requirements for certain communications transmitted through radio, television, or online platforms. Online platforms are required to maintain a record of qualified political advertisements purchased by individuals who spend over $500 on such advertisements.
The Act outlines requirements for online platforms and advertisers regarding political advertisements. If an online platform displays a political ad sold by a third-party vendor, it must provide a link to the vendor's records or state if no records are available. Advertisers must provide necessary information to comply with these requirements. The records must include a digital copy of the ad, information about the audience, views, and display dates, as well as details about the cost, candidate, election, and purchaser. The term "online platform" refers to public-facing websites, applications, or digital platforms with a significant number of monthly US visitors. Broadcasting stations and certain media outlets are exempt from these requirements.
The Act defines the terms "third-party advertising vendor" and "qualified political advertisement" for the purpose of regulating online political advertising. It requires online platforms to retain information about political advertisements for at least 4 years and imposes penalties for non-compliance. The Federal Election Commission is tasked with establishing rules and reporting on compliance with these regulations. The effective date of these regulations is not dependent on the final regulations being promulgated by the Federal Election Commission.
The document is about amendments to the Federal Election Campaign Act of 1971 regarding online political advertisements. It states that television, radio, cable, satellite, and online platforms must make reasonable efforts to ensure that these advertisements are not purchased by foreign nationals. It also requires online platforms to display visible notices identifying the sponsor of the advertisement and ensure that the notice remains displayed when the advertisement is shared. There is a safe harbor provision for online platforms that rely on the designated sponsor in good faith.
The document discusses amendments to existing laws related to political advertisements and campaign finance oversight. It includes provisions such as defining the term "sponsor" as the person purchasing the advertisement, repealing certain regulations regarding reporting requirements of exempt organizations, and modifying discretionary exceptions for filing information returns. The effective dates for these amendments vary. Additionally, the document introduces a new subtitle called the Spotlight Act and a new subtitle called the Stop Super PAC Candidate Coordination Act, which clarifies the treatment of coordinated expenditures as contributions to candidates.
The Act is an amendment to the Federal Election Campaign Act. It introduces a new clause that includes any payment made by a person for a coordinated expenditure, which is defined as an expenditure made in cooperation, consultation, or concert with a candidate, authorized committee of a candidate, political committee of a political party, or their agents. It also specifies exceptions for payments made for certain communications, such as news stories or candidate debates. The amendment further defines coordination as any payment or communication that is not made entirely independently of the candidate or committee, including those made based on an understanding or communication with the candidate or committee.
The Act states that sharing information about legislative or policy positions with a candidate or committee does not automatically imply coordination, as long as there is no communication regarding campaign activities. It also clarifies that this section does not affect the determination of coordination between a candidate and a political party's committee. Additionally, it defines a coordinated spender as a person who has been formed or established by the candidate or committee, or if the candidate or committee engages in fundraising activities on their behalf.
The Act states that a person or entity making a payment related to a political campaign may be considered to have coordinated with the candidate or committee if certain conditions are met. These conditions include being established, directed, or managed by the candidate or committee, or by someone who has been employed or retained as a political advisor or consultant for the candidate or committee. Additionally, if the person has retained the services of someone who has provided professional services to the candidate or committee within the past two years, coordination may be inferred. However, if a firewall or similar procedure is established to restrict the sharing of information between individuals involved in the payment, coordination may not be determined. The term "immediate family" refers to the candidate's close relatives.
The Act outlines the requirements for establishing and maintaining a firewall or similar procedure to prevent the sharing of certain information related to political campaigns. The policy must be described in a written document that is distributed, signed, and dated by relevant employees, consultants, and clients. The policy must be retained for at least 5 years after termination or cessation of representation. It prohibits individuals subject to the policy from attending meetings or discussions where nonpublic campaign information is discussed. It also prohibits certain individuals from overseeing the work of those subject to the firewall. The policy must place restrictions on internal and external communications, establish separate files, and require training for all employees, consultants, and clients. There is an exception if information is shared despite the firewall, and the use of a firewall can be used as a defense in enforcement actions, provided certain documentation is provided.
The Act defines a "covered communication" in relation to political candidates and their campaigns. It includes public communications that explicitly advocate for or against a candidate, promote or support a candidate, attack or oppose an opponent, or refer to a candidate or opponent during an election period. The applicable election period varies depending on the type of election. The document also states that penalties will be imposed on individuals who knowingly and willfully violate this law, including fines and joint and several liability for directors, managers, or officers of the violating party.
The Act states that existing regulations on coordinated communications adopted by the Federal Election Commission will be repealed and new regulations will be promulgated. The amendments made by this section will apply to payments made after a certain date, regardless of whether or not the Federal Election Commission has promulgated new regulations. The document also introduces the Restoring Integrity to America's Elections Act and revises the standards for initiating investigations and determining violations under the Federal Election Campaign Act of 1971. The general counsel will make determinations on whether violations have occurred and whether investigations should be initiated, with the possibility of overruling by the Commission. The subject of the investigation will be notified of the alleged violation.
The Act outlines the process for investigating and determining whether a violation of the law has occurred. The general counsel notifies the Commission of an alleged violation and may conduct an investigation, including field investigations or audits. If there is probable cause to believe a violation has occurred, the general counsel submits a determination to the Commission, along with a brief explaining the legal and factual issues. The respondent is given an opportunity to submit a brief in response. After a 30-day period, the general counsel's determination takes effect unless overruled by the Commission. If the determination is overruled, it is deemed that there is probable cause for the violation.
The Act discusses amendments to the Federal Election Campaign Act of 1971. The amendments include changes to the initial response to the filing of a complaint and the standard for reviewing the dismissal of complaints. The amendments allow parties aggrieved by the dismissal of a complaint to file a petition with the United States District Court for the District of Columbia. The court will review the dismissal and determine if it is contrary to law. The court may declare the dismissal or failure to act contrary to law and direct the Federal Election Commission to conform. If the Commission fails to comply, the complainant may bring a civil action to remedy the violation. The amendments apply to complaints dismissed or not acted upon after the date of the enactment of this Act. The Federal Election Commission is also required to promulgate new regulations on the enforcement process within 180 days.
Section 7103: In the event of a vacancy in the position of the General Counsel, the most senior attorney in the Office of the General Counsel will assume the responsibilities of the General Counsel until the vacancy is filled.
Section 7104: If the Commission allows a person requesting an advisory opinion to appear and present testimony in support of the request, they must also provide a reasonable opportunity for an interested party who submitted written comments to appear and present testimony in response to the request.
Section 7105: The authority for administrative penalties under the Federal Election Campaign Act is extended permanently.
Section 7106: Members and employees of the Commission will be subject to limitations on ex parte communications, as provided in the Commission's regulations.
Section 7107: FEC attorneys are clarified to have the authority to represent the FEC in actions before the Supreme Court of the United States.
Section 7108: Forms will be required to allow the use of accent marks.
The Act includes amendments to the Federal Election Campaign Act of 1971. The first amendment requires that all forms used for identification in elections allow for the inclusion of accent marks. The effective date for this amendment is 90 days after the enactment of the Act.
The second amendment extends the statutes of limitations for offenses under the Federal Election Campaign Act. For civil offenses, a complaint must be filed within 10 years of the violation. For criminal offenses, the statute of limitations is extended from 5 to 10 years. These amendments apply to violations occurring after the enactment of the Act.
The effective date for this subtitle and its amendments is the date of the enactment of the Act, regardless of whether the Federal Election Commission has promulgated regulations. Existing cases and proceedings are not affected, and complaints filed prior to the enactment of the Act will be treated under the new rules if no recommendation has been made by the General Counsel of the Federal Election Commission.
This document is part of Title VIII, which focuses on Citizen Empowerment and includes funding to promote democracy, specifically payments and allocations to states.
The Democracy Advancement and Innovation Program has been established to promote democracy in each state. The program includes activities such as improving election administration, securing voting infrastructure, expanding access to voting, and ensuring equitable access to democracy. States can retain and reserve funds for future use. To receive funding, states must submit a plan to the Director of the Office of Democracy Advancement and Innovation, which must be approved by the Election Assistance Commission and the Federal Election Commission. If a plan is not initially approved, states have the opportunity to submit a revised plan for consideration.
The Act states that when a state submits a plan for democracy promotion activities, the Director must consult with the Election Assistance Commission and the Federal Election Commission. The chief State election official must also consult with the majority and minority party leaders of the State legislature. The state must report on how they used the allocated funds and this information must be made publicly available on a website. The section applies to fiscal year 2025 and beyond. The state plan must include a description of the democracy promotion activities, whether the state intends to reserve the payment for future activities, and how the funds will be allocated.
The Act discusses the requirements and use of funds for democracy promotion activities in a state. It states that the state must establish a fund in the state treasury to carry out these activities, which includes amounts appropriated by the state, the payment made to the state under the program, other appropriated amounts, and interest earned on the fund. The funds can only be used for democracy promotion activities. If a state requires changes to state law to establish the fund, the payment will be deferred until the legislation is enacted. If the state plan includes an allocation for payments to participating candidates, the plan must include specific information on how the allocation will enable viable participation of candidates in the state. The document also mentions a section prohibiting reduction in access to participation in elections.
The Act states that a state receiving a payment under a program cannot use that payment to hinder any citizen's ability to participate in the electoral process. The state must establish complaint procedures for individuals to report violations, and the Director will review these complaints and provide remedies if necessary. If dissatisfied with the Director's decision, a person can request a review, and if still unsatisfied, they can file a petition with the United States District Court. The Attorney General can also take legal action to enforce these provisions.
Section 8004 states that the amount of funding a state receives under the Program will be determined by multiplying the Congressional district allocation amount by the number of Congressional districts in the state. The Congressional district allocation amount is calculated by dividing the total amount available for allocations to states by the total number of Congressional districts in all states. The Director will determine the aggregate amount available for allocations and notify each state of their specific allocation. The funding for allocations and payments will come from the Trust Fund.
Section 8005 outlines the procedures for disbursing payments and allocations. If a state's approved plan includes activities not covered by other subsections, the Director will direct the Secretary of the Treasury to disburse funds from the Trust Fund to the state. The payment will be made as soon as possible and will not have a fiscal year limitation. If a state's plan includes activities described in section 8001(b)(1), the Director will allocate the funds to the Election Assistance Commission, which will then make a payment to the state in the allocated amount.
The Act states that funds allocated to a state by the Election Assistance Commission for election-related activities will be available without a time limit. If a state's approved plan includes payments to participating candidates or the operation of a Democracy Credit Program, the Director will direct the Secretary of the Treasury to allocate the funds to the Federal Election Commission for those activities. Additionally, the document establishes the Office of Democracy Advancement and Innovation as an independent establishment in the executive branch, headed by a Director appointed by the President. The Director serves a 6-year term and can be reappointed, with removal by the President requiring written communication to Congress. The Director appoints a general counsel and other staff.
The Act outlines the responsibilities and duties of the Director of the Office of Democracy Advancement and Innovation. In the event of a vacancy, the General Counsel will temporarily assume the Director's responsibilities. The Director has the authority to appoint and determine the pay of senior staff and other necessary staff. The Director's duties include administering the Program, overseeing the Trust Fund, and submitting reports on program activities and financials. The Office is also granted coverage under the Inspector General Act of 1978 and the Hatch Act. The Director is required to promulgate rules and regulations to carry out the duties and requirements of the Office.
The document states that the Election Assistance Commission and the Federal Election Commission must provide comments on proposed regulations by the Director. During the transition period, the Director of the Office of Management and Budget has the authority to perform the functions of the Office and provide administrative services. The Director may continue to provide services after the transition period if certain conditions are met. The transition period begins on the enactment date of the Act and ends when the Director is appointed and confirmed. The Director's authority under this subsection expires after 24 months from the enactment date. Appropriations are authorized for the Office's activities for fiscal year 2025 and beyond. The State Election Assistance and Innovation Trust Fund is established in the Treasury.
The document states that it is the Senate's opinion that taxpayer funds should not be used to fund a particular title. Instead, the Trust Fund should be funded through assessments on fines, penalties, settlements resulting from corporate wrongdoing, and any gifts or bequests. The funds in the Trust Fund will be used for various purposes, including payments to states under a program, allocations to the Election Assistance Commission for election administration activities, allocations to the Federal Election Commission for payments to participating candidates, and allocations to the Federal Election Commission for payments to states operating a Democracy Credit Program. The Director of the Office will determine the aggregate amount of state allocations, taking into account the anticipated balances of the Trust Fund. The document also provides definitions for terms such as chief State election official, Director, election cycle, and Indian lands. The Office referred to in the document is the Office of Democracy Advancement and Innovation.
The document is from a legal document discussing the establishment of a program called the Democracy Advancement and Innovation Program. It defines terms such as "Program," "State," and "Trust Fund." It also includes a rule of construction regarding the calculation of deadlines. The document then introduces the Government By the People Act of 2023, which establishes an optional Democracy Credit Program. It outlines the requirements for states to participate in the program and states that the Federal Election Commission will reimburse states for the costs incurred in operating the credit program.
This document explains the source of funds and the cap on payments for a state's election assistance program. Payments are made from the State Election Assistance and Innovation Trust Fund, with the amount allocated to each state determined by section 8005 (d). The aggregate amount of payments made to a state over two consecutive election cycles cannot exceed $10,000,000. If this amount is not sufficient to cover the state's operating costs, the state must reduce the credit provided to each qualified individual. The funds allocated to a state under this program are available without any time limitations. The document also describes the elements of the credit program, where qualified individuals in a state can request a $25 credit, known as a Democracy Credit, which can be provided in paper or electronic form. Individuals can allocate portions of this credit to candidates running for federal office. If a candidate receives the Democracy Credit, it is considered a contribution under the Federal Election Campaign Act of 1971.
The Act outlines provisions for fraud prevention, oversight, public information campaigns, and the use of taxpayer funds in a credit program for political campaigns. It also requires states to submit reports on the effectiveness of the program and mandates a study on the impact of credit programs on expanding and diversifying political participation. Additionally, it defines the term "election cycle" and introduces benefits for participating candidates in elections for the House of Representatives.
The Act outlines the amount and limitations of payments made to participating candidates in an election cycle. The payment amount is determined by 600 percent of the qualified small dollar contributions received by the candidate. The aggregate amount of payments cannot exceed 50 percent of the average disbursements made by winning candidates in the previous election cycle. Taxpayer funds cannot be used for these payments. The Division Director is responsible for making the payments upon receipt of a request from the candidate, which must include specific information. The payments must be used for authorized campaign expenditures.
The Act discusses the use of funds in election campaigns and the definition of qualified small dollar contributions. It states that candidates can only use funds for authorized expenses related to the election and cannot use them for legal expenses, fines, or penalties. Qualified small dollar contributions are defined as contributions made directly by individuals to candidates or their authorized committees, within a specific amount range and without being forwarded or recommended by another person. The document also mentions the treatment of democracy credits, but further details are not provided.
The document states that any payment received by a candidate or their authorized committees as a Democracy Credit under the Freedom to Vote Act will be considered a qualified small dollar contribution. However, individuals who make a qualified small dollar contribution to a candidate or their authorized committees for an election cannot make subsequent contributions that are not qualified small dollar contributions, unless the candidate voluntarily withdraws from the program. If an individual does make a subsequent non-qualified contribution, the candidate can either return the contribution or retain it but must remit an amount equal to any payments received under the program to the Commission.
The Act states that individuals are allowed to make multiple small dollar contributions to any candidate, as long as each contribution meets certain requirements. It also requires candidates to provide specific information in their solicitation materials, including a statement about receiving matching payments based on qualified small dollar contributions. Additionally, candidates must meet certain eligibility requirements, such as filing a statement of intent and meeting qualifying requirements, in order to be certified as participating candidates.
The Act outlines the requirements for candidates seeking public funding for their election campaigns. It states that candidates must certify that they will not use the funds for personal expenses or to compensate family members or entities they have an ownership interest in. Additionally, candidates must meet certain qualifying requirements, such as receiving a minimum number of small dollar contributions from individuals and reaching a specific dollar amount. The document also mentions the establishment of procedures for auditing and verifying contributions and expenditures, with the authority to revise these procedures given to the Commission.
Section 513 of the law states that the Division Director must determine whether a candidate meets the requirements to be certified as a participating candidate within a certain timeframe. If certified, the candidate is considered certified for all subsequent elections in that cycle. The Commission has the authority to review and reverse the Division Director's determination within 10 days. Certification can be revoked if the candidate fails to qualify for the ballot, ceases to be a candidate, or fails to comply with the requirements of the law. If certification is revoked, the candidate cannot receive payments and must repay any payments received with interest.
The Act outlines the requirements and restrictions for candidates participating in the Small Dollar Democracy program. It states that if a candidate's certification is revoked three times, they cannot participate in future elections. The Commission has the authority to reverse the revocation within 10 days. Candidates can voluntarily withdraw from the program during the qualifying period. A participating candidate is defined as someone eligible to receive benefits under this program. The document also lists the permitted sources of contributions and expenditures for participating candidates, including small dollar contributions, payments under the program, contributions from political committees, personal funds, and contributions from individuals within certain limitations.
The Act outlines rules regarding campaign contributions and personal funds for political candidates. Multicandidate political committees are subject to certain limitations. Candidates certified as participating candidates can use personal funds, including funds from immediate family members, as long as the total amount used during the election cycle does not exceed $50,000 and the funds are used for authorized campaign expenses. Immediate family members are defined as the candidate's spouse, children, stepchildren, parents, grandparents, siblings, and their spouses. There are exceptions for contributions received before filing a statement of intent, expenditures made before filing a statement of intent, campaign surpluses from previous elections, and contributions received before the effective date of this law.
The Act outlines several rules and regulations related to political campaign financing. It states that payments made by a political party in coordination with a participating candidate are not considered contributions or expenditures by the candidate. It also prohibits a participating candidate from establishing a joint fundraising committee with a political committee other than their own authorized committee. However, if a joint fundraising committee was established prior to certification as a participating candidate, it is allowed to continue as long as it does not receive contributions or make disbursements during the election cycle. The document further prohibits a participating candidate from associating with or controlling a leadership PAC, unless it was established prior to certification and does not receive contributions or make disbursements during the election cycle. The document also emphasizes the need for separate accounting of different types of contributions and payments received by authorized committees of participating candidates. Additionally, it requires the identification of individuals making qualified small dollar contributions to be included in reports submitted to the Commission, and mandates that all information reported to the Commission regarding contributions and expenditures be made available to the public on the internet in a searchable, sortable, and downloadable manner.
Section 523 of The Act states that a candidate's committee cannot spend any funds received under this title unless they have already spent an equivalent amount of other funds. Section 524 requires participating candidates to remit any unspent funds to the Commission within 180 days after the last election. However, candidates can withhold up to $100,000 if they plan to seek certification as a participating candidate in the next election cycle. Section 531 allows eligible candidates to receive additional payments for authorized expenditures in connection with the election. Section 532 outlines the eligibility requirements for receiving these additional payments.
The Act discusses the requirements and amount of additional payment that a certified participating candidate can receive under certain conditions. The candidate must receive a minimum of $50,000 in qualified small dollar contributions during the enhanced support qualifying period, which is the period 60 days before the election until 14 days before the election. The candidate must submit a request for payment to the Division Director, including information about the contributions received and the anticipated payment amount. The additional payment is equal to 50% of the payment made for the qualified small dollar contributions, or the payment that would have been made if the candidate had not reached the limit on payments. The maximum amount of the additional payment is $500,000. The candidate cannot retain any portion of the unspent funds after the election if they receive an additional payment.
The document explains that payments to participating candidates seeking office in a state will come from the State Election Assistance and Innovation Trust Fund. These allocations do not require further appropriation or have a fiscal year limitation. The Division Director will review the allocations before each election cycle to determine if they are sufficient to make payments to participating candidates. If the funds are not enough, the state can direct additional funds from the Democracy Advancement and Innovation Program to be allocated to the Commission. Additionally, the document mentions the elimination of limits on qualified small donor contributions.
The Act discusses the allocation and payment of funds to participating candidates in an election cycle. It states that if the anticipated amount in the fund is not sufficient to meet the candidates' entitlements, the limit on the amount of a qualified small donor contribution does not apply. However, the overall limit on the aggregate amount of contributions from any individual still applies. The document also establishes a dedicated division within the Commission to administer and regulate this process.
Private Right of Action: If the Commission fails to meet the requirements outlined in this section, any person affected by this failure can file a lawsuit in a district court for appropriate relief, such as declaratory and injunctive relief.
Regulations: The Commission must establish regulations by a specific deadline to carry out the purposes of this title. These regulations include procedures for verifying small-dollar contributions, monitoring and enforcing limits on contributions and the use of personal funds by candidates, monitoring the use of allocated funds and matching contributions, conducting audits, and preventing fraud.
Violations and Penalties: If a certified participating candidate accepts a prohibited contribution or makes an improper expenditure, the Commission can impose a civil penalty up to three times the amount involved. The collected penalty will supplement the allocation made to the Commission for the candidate's state. If the Commission determines that a participating candidate misused payments or violated remission dates, the candidate must repay the amount used or not remitted, plus interest determined by the Commission.
The Act states that the actions taken by the Commission in accordance with this subsection do not prevent the Commission from pursuing enforcement proceedings, including referring cases to the Attorney General for apparent violations of the law. It also outlines criteria for disqualifying candidates from being certified as participating candidates, such as multiple civil penalties or criminal penalties assessed against them. Additionally, it discusses the indexing of certain amounts described in the law, which will be adjusted in the future.
Section 533(b) limits the amount of additional payment a candidate can receive under subtitle D. Section 545 defines "election cycle" as the period between general elections for a specific office. Section 546 defines "Division Director" as the director of the division established under section 542. Section 8112(a) allows multicandidate and political party committees to contribute to participating candidates only from separate accounts consisting of qualified small dollar contributions. Section 8112(b) permits political parties to make unlimited coordinated expenditures from small dollar sources for participating candidates, as long as the expenditures are paid from a separate account and are the sole source of funding provided by the committee to the candidate.
SEC. 8113 of the Federal Election Campaign Act of 1971 is amended to restrict the use of contributions by participating candidates for purposes other than their election campaign. SEC. 8114 sets a deadline for the Federal Election Commission to promulgate regulations necessary to carry out the amendments, with an effective date of October 1, 2024. Subtitle C, titled the Help America Run Act, highlights the barriers faced by everyday Americans who want to run for office and the current law's impact on privileging independently wealthy candidates. It emphasizes the need for a more diverse representation in Congress and the importance of candidates who understand the concerns of everyday Americans.
The document discusses the need for a more diverse and representative governing body in the United States. It highlights the underrepresentation of women in Congress and the barriers they face when running for office, such as discouragement and limitations on using campaign funds for childcare. The purpose of the Help America Run Act is to ensure that all qualified Americans, regardless of economic status, can run for office. The specific section, SEC. 8202, addresses the treatment of payments for childcare and other personal use services as authorized campaign expenditures, with limitations on the total amount that can be spent.
The Act discusses two sections of the Federal Election Campaign Act. The first section addresses the reduction in the amount of salary paid to a candidate by an authorized committee, based on any applicable limits under the law. The second section permits political party committees to provide enhanced support for House candidates through separate small dollar accounts, increasing the limit on contributions and eliminating the limit on coordinated expenditures. These amendments take effect immediately, regardless of whether the Federal Election Commission has issued regulations.
Subtitle E Severability, Section 8401 states that if any part of this law or any changes made by this law are found to be unconstitutional, the rest of the law and its changes will still apply.