II 

Calendar No. 125 

117TH CONGRESS 

1ST SESSION S. 2747 

To expand Americans’ access to the ballot box and reduce the influence 

of big money in politics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2021 

Ms. KLOBUCHAR (for herself, Mr. KAINE, Mr. KING, Mr. MANCHIN, Mr. 

MERKLEY, Mr. PADILLA, Mr. TESTER, and Mr. WARNOCK) introduced 

the following bill; which was read the first time 

SEPTEMBER 15, 2021 

Read the second time and placed on the calendar 

A BILL 

To expand Americans’ access to the ballot box and reduce 

the influence of big money in politics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Vote Act’’. 


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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into divisions 

4 as follows: 

5 (1) Division A—Voter Access. 

6 (2) Division B—Election Integrity. 

7 (3) Division C—Civic Participation and Em8 powerment. 

9 (b) TABLE OF CONTENTS.—The table of contents of 

10 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Findings of general constitutional authority. 

Sec. 4. Standards for judicial review. 

DIVISION A—VOTER ACCESS 

TITLE I—ELECTION MODERNIZATION AND ADMINISTRATION 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—AUTOMATIC VOTER REGISTRATION

Sec. 1001. Short title; findings and purpose. 

Sec. 1002. Automatic registration of eligible individuals. 

Sec. 1003. Voter protection and security in automatic registration. 

Sec. 1004. Payments and grants. 

Sec. 1005. Miscellaneous provisions. 

Sec. 1006. Definitions. 

Sec. 1007. Effective date. 

PART 2—ELECTION DAY AS LEGAL PUBLIC HOLIDAY

Sec. 1011. Election day as legal public holiday. 

PART 3—PROMOTING INTERNET REGISTRATION

Sec. 1021. Requiring availability of internet for voter registration. 

Sec. 1022. Use of internet to update registration information. 

Sec. 1023. Provision of election information by electronic mail to individuals 

registered to vote. 


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Sec. 1024. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1025. Prohibiting State from requiring applicants to provide more than 

last 4 digits of social security number. 

Sec. 1026. Application of rules to certain exempt States. 

Sec. 1027. Report on data collection relating to online voter registration systems. 

Sec. 1028. Permitting voter registration application form to serve as application 

for absentee ballot. 

Sec. 1029. Effective date. 

PART 4—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

Sec. 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. 

PART 5—STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND

PRIVACY

Sec. 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. 

Sec. 1042. Inclusion of voter registration information with certain leases and 

vouchers for federally assisted rental housing and mortgage applications. 

Sec. 1043. Acceptance of voter registration applications from individuals under 

18 years of age. 

Sec. 1044. Requiring states to establish and operate voter privacy programs. 

PART 6—FUNDING SUPPORT TO STATES FOR COMPLIANCE

Sec. 1051. Availability of requirements payments under HAVA to cover costs 

of compliance with new requirements. 

Subtitle B—Access to Voting for Individuals With Disabilities 

Sec. 1101. Requirements for States to promote access to voter registration and 

voting for individuals with disabilities. 

Sec. 1102. Establishment and maintenance of State accessible election websites. 

Sec. 1103. Protections for in-person voting for individuals with disabilities and 

older individuals. 

Sec. 1104. Protections for individuals subject to guardianship. 

Sec. 1105. Expansion and reauthorization of grant program to assure voting 

access for individuals with disabilities. 

Sec. 1106. Funding for protection and advocacy systems. 

Sec. 1107. Pilot programs for enabling individuals with disabilities to register 

to vote privately and independently at residences. 

Sec. 1108. GAO analysis and report on voting access for individuals with disabilities. 

Subtitle C—Early Voting 

Sec. 1201. Early voting. 

Subtitle D—Voting by Mail 

Sec. 1301. Voting by mail. 

Sec. 1302. Balloting materials tracking program. 


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Sec. 1303. Election mail and delivery improvements. 

Sec. 1304. Carriage of election mail. 

Sec. 1305. Requiring States to provide secured drop boxes for voted ballots in 

elections for Federal office. 

Subtitle E—Absent Uniformed Services Voters and Overseas Voters 

Sec. 1401. Pre-election reports on availability and transmission of absentee ballots. 

Sec. 1402. Enforcement. 

Sec. 1403. Transmission requirements; repeal of waiver provision. 

Sec. 1404. Use of single absentee ballot application for subsequent elections. 

Sec. 1405. Extending guarantee of residency for voting purposes to family 

members of absent military personnel. 

Sec. 1406. Technical clarifications to conform to Military and Overseas Voter 

Empowerment Act amendments related to the federal write-in 

absentee ballot. 

Sec. 1407. Treatment of post card registration requests. 

Sec. 1408. Presidential designee report on voter disenfranchisement. 

Sec. 1409. Effective date. 

Subtitle F—Enhancement of Enforcement 

Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002. 

Subtitle G—Promoting Voter Access Through Election Administration 

Modernization Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1601. Minimum notification requirements for voters affected by polling 

place changes. 

Sec. 1602. Accommodations for voters residing in Indian lands. 

Sec. 1603. Applicability to Commonwealth of the Northern Mariana Islands. 

Sec. 1604. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and 

Guam. 

Sec. 1605. Application of Federal election administration laws to territories of 

the United States. 

Sec. 1606. Application of Federal voter protection laws to territories of the 

United States. 

Sec. 1607. Ensuring equitable and efficient operation of polling places. 

Sec. 1608. Prohibiting States from restricting curbside voting. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1611. Reauthorization of Election Assistance Commission. 

Sec. 1612. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1613. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

PART 3—MISCELLANEOUS PROVISIONS

Sec. 1621. Definition of election for Federal office. 

Sec. 1622. No effect on other laws. 

Sec. 1623. Clarification of exemption for States without voter registration. 


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Sec. 1624. Clarification of exemption for States which do not collect telephone 

information. 

Subtitle H—Democracy Restoration 

Sec. 1701. Short title. 

Sec. 1702. Findings. 

Sec. 1703. Rights of citizens. 

Sec. 1704. Enforcement. 

Sec. 1705. Notification of restoration of voting rights. 

Sec. 1706. Definitions. 

Sec. 1707. Relation to other laws. 

Sec. 1708. Federal prison funds. 

Sec. 1709. Effective date. 

Subtitle I—Voter Identification and Allowable Alternatives 

Sec. 1801. Requirements for voter identification. 

Subtitle J—Voter List Maintenance Procedures 

PART 1—VOTER CAGING PROHIBITED

Sec. 1901. Voter caging prohibited. 

PART 2—SAVING ELIGIBLE VOTERS FROM VOTER PURGING

Sec. 1911. Conditions for removal of voters from list of registered voters. 

Subtitle K—Severability 

Sec. 1921. Severability. 

DIVISION B—ELECTION INTEGRITY 

TITLE II—PROHIBITING INTERFERENCE WITH VOTER 

REGISTRATION 

Sec. 2001. Prohibiting hindering, interfering with, or preventing voter registration. 

Sec. 2002. Establishment of best practices. 

TITLE III—PREVENTING ELECTION SUBVERSION 

Subtitle A—Restrictions on Removal of Election Administrators 

Sec. 3001. Restrictions on removal of local election administrators in administration of elections for Federal office. 

Subtitle B—Increased Protections for Election Workers 

Sec. 3101. Harassment of election workers prohibited. 

Sec. 3102. Protection of election workers. 

Subtitle C—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 

Sec. 3201. Short title. 

Sec. 3202. Prohibition on deceptive practices in Federal elections. 

Sec. 3203. Corrective action. 


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Sec. 3204. Reports to Congress. 

Sec. 3205. Private rights of action by election officials. 

Sec. 3206. Making intimidation of tabulation, canvas, and certification efforts 

a crime. 

Subtitle D—Protection of Election Records & Election Infrastructure 

Sec. 3301. Strengthen protections for Federal election records. 

Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction. 

Sec. 3303. Judicial review to ensure compliance. 

Subtitle E—Judicial Protection of the Right to Vote and Non-partisan Vote 

Tabulation 

Sec. 3401. Undue burdens on the ability to vote in elections for federal office 

prohibited. 

Sec. 3402. Judicial review. 

Sec. 3403. Definitions. 

Sec. 3404. Rules of construction. 

Sec. 3405. Severability. 

Sec. 3406. Effective date. 

Subtitle F—Poll Worker Recruitment and Training 

Sec. 3501. Grants to States for poll worker recruitment and training. 

Sec. 3502. State defined. 

Subtitle G—Preventing Poll Observer Interference 

Sec. 3601. Protections for voters on Election Day. 

Subtitle H—Preventing Restrictions on Food and Beverages 

Sec. 3701. Findings. 

Sec. 3702. Prohibiting restrictions on donations of food and beverages at polling stations. 

Subtitle I—Establishing Duty to Report Foreign Election Interference 

Sec. 3801. Findings relating to illicit money undermining our democracy. 

Sec. 3802. Federal campaign reporting of foreign contacts. 

Sec. 3803. Federal campaign foreign contact reporting compliance system. 

Sec. 3804. Criminal penalties. 

Sec. 3805. Report to congressional intelligence committees. 

Sec. 3806. Rule of construction. 

Subtitle J—Promoting Accuracy, Integrity, and Security Through VoterVerifiable Permanent Paper Ballot 

Sec. 3901. Short title. 

Sec. 3902. Paper ballot and manual counting requirements. 

Sec. 3903. Accessibility and ballot verification for individuals with disabilities. 

Sec. 3904. Durability and readability requirements for ballots. 

Sec. 3905. Study and report on optimal ballot design. 

Sec. 3906. Ballot marking device cybersecurity requirements. 

Sec. 3907. Effective date for new requirements. 

Sec. 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. 


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Subtitle K—Provisional Ballots 

Sec. 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. 

TITLE IV—VOTING SYSTEM SECURITY 

Sec. 4001. Post-election audit requirement. 

Sec. 4002. Election infrastructure designation. 

Sec. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems. 

Sec. 4004. Pre-election reports on voting system usage. 

Sec. 4005. Use of voting machines manufactured in the United States. 

Sec. 4006. Severability. 

DIVISION C—CIVIC PARTICIPATION AND EMPOWERMENT 

TITLE V—NONPARTISAN REDISTRICTING REFORM 

Sec. 5001. Finding of constitutional authority. 

Sec. 5002. Ban on mid-decade redistricting. 

Sec. 5003. Criteria for redistricting. 

Sec. 5004. Development of plan. 

Sec. 5005. Failure by State to enact plan. 

Sec. 5006. Civil enforcement. 

Sec. 5007. No effect on elections for State and local office. 

Sec. 5008. Effective date. 

TITLE VI—CAMPAIGN FINANCE TRANSPARENCY 

Subtitle A—DISCLOSE Act 

Sec. 6001. Short title. 

PART 1—CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN

NATIONALS IN ELECTIONS

Sec. 6002. Clarification of application of foreign money ban to certain disbursements and activities. 

Sec. 6003. Audit and report on illicit foreign money in Federal elections. 

Sec. 6004. Prohibition on contributions and donations by foreign nationals in 

connection with ballot initiatives and referenda. 

Sec. 6005. Disbursements and activities subject to foreign money ban. 

Sec. 6006. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. 

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 6011. Reporting of campaign-related disbursements. 

Sec. 6012. Reporting of Federal judicial nomination disbursements. 

Sec. 6013. Coordination with FinCEN. 

Sec. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. 

Sec. 6015. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 6021. Petition for certiorari. 

Sec. 6022. Judicial review of actions related to campaign finance laws. 


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Subtitle B—Honest Ads 

Sec. 6101. Short title. 

Sec. 6102. Purpose. 

Sec. 6103. Findings. 

Sec. 6104. Sense of Congress. 

Sec. 6105. Expansion of definition of public communication. 

Sec. 6106. Expansion of definition of electioneering communication. 

Sec. 6107. Application of disclaimer statements to online communications. 

Sec. 6108. Political record requirements for online platforms. 

Sec. 6109. Preventing contributions, expenditures, independent expenditures, 

and disbursements for electioneering communications by foreign nationals in the form of online advertising. 

Sec. 6110. Requiring online platforms to display notices identifying sponsors of 

political advertisements and to ensure notices continue to be 

present when advertisements are shared. 

Subtitle C—Spotlight Act 

Sec. 6201. Short title. 

Sec. 6202. Inclusion of contributor information on annual returns of certain organizations. 

TITLE VII—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Stopping Super PAC–Candidate Coordination 

Sec. 7001. Short title. 

Sec. 7002. Clarification of treatment of coordinated expenditures as contributions to candidates. 

Sec. 7003. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. 

Subtitle B—Restoring Integrity to America’s Elections 

Sec. 7101. Short title. 

Sec. 7102. Revision to enforcement process. 

Sec. 7103. Acting general counsel. 

Sec. 7104. Permitting appearance at hearings on requests for advisory opinions 

by persons opposing the requests. 

Sec. 7105. Permanent extension of administrative penalty authority. 

Sec. 7106. Restrictions on ex parte communications. 

Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme 

Court. 

Sec. 7108. Requiring forms to permit use of accent marks. 

Sec. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. 

Sec. 7110. Effective date; transition. 

TITLE VIII—CITIZEN EMPOWERMENT 

Subtitle A—Funding to Promote Democracy 

PART 1—PAYMENTS AND ALLOCATIONS TO STATES

Sec. 8001. State Democracy Promotion Program. 

Sec. 8002. State plan. 

Sec. 8003. Prohibiting reduction in access to participation in elections. 


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Sec. 8004. Amount of State allocation. 

Sec. 8005. Procedures for disbursements of payments and allocations. 

Sec. 8006. Office of State Democracy Promotion. 

PART 2—STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

Sec. 8011. State Election Assistance and Innovation Trust Fund. 

Sec. 8012. Uses of Fund. 

Sec. 8013. Assessments against fines and penalties. 

Sec. 8014. Transfer of balance of Presidential Election Campaign Fund. 

PART 3—GENERAL PROVISIONS

Sec. 8021. Definitions. 

Sec. 8022. Rule of construction regarding calculation of deadlines. 

Subtitle B—Elections for House of Representatives 

Sec. 8101. Short title. 

PART 1—OPTIONAL DEMOCRACY CREDIT PROGRAM

Sec. 8102. Establishment of program. 

Sec. 8103. Credit program described. 

Sec. 8104. Reports. 

Sec. 8105. Election cycle defined. 

PART 2—OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE

OF REPRESENTATIVES

Sec. 8111. Benefits and eligibility requirements for candidates. 

Sec. 8112. Contributions and expenditures by multicandidate and political 

party committees on behalf of participating candidates. 

Sec. 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. 

Sec. 8114. Deadline for regulations. 

Subtitle C—Personal Use Services as Authorized Campaign Expenditures 

Sec. 8201. Short title; findings; purpose. 

Sec. 8202. Treatment of payments for child care and other personal use services as authorized campaign expenditure. 

Subtitle D—Empowering Small Dollar Donations 

Sec. 8301. Permitting political party committees to provide enhanced support 

for candidates through use of separate small dollar accounts. 

Subtitle E—Severability 

Sec. 8401. Severability. 


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1 SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHOR2 ITY. 

3 Congress finds that the Constitution of the United 

4 States grants explicit and broad authority to protect the 

5 right to vote, to regulate elections for Federal office, to 

6 prevent and remedy discrimination in voting, and to de7 fend the Nation’s democratic process. Congress enacts the 

8 Freedom to Vote Act pursuant to this broad authority, 

9 including but not limited to the following: 

10 (1) Congress finds that it has broad authority 

11 to regulate the time, place, and manner of congres12 sional elections under the Elections Clause of the 

13 Constitution, article I, section 4, clause 1. The Su14 preme Court has affirmed that the ‘‘substantive 

15 scope’’ of the Elections Clause is ‘‘broad’’; that 

16 ‘‘Times, Places, and Manner’’ are ‘‘comprehensive 

17 words which embrace authority to provide for a com18 plete code for congressional elections’’; and ‘‘[t]he 

19 power of Congress over the Times, Places and Man20 ner of congressional elections is paramount, and may 

21 be exercised at any time, and to any extent which 

22 it deems expedient; and so far as it is exercised, and 

23 no farther, the regulations effected supersede those 

24 of the State which are inconsistent therewith’’. Ari25 zona v. Inter Tribal Council of Arizona, 570 U.S. 1, 

26 8–9 (2013) (internal quotation marks and citations 


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1 omitted). Indeed, ‘‘Congress has plenary and para2 mount jurisdiction over the whole subject’’ of con3 gressional elections, Ex parte Siebold, 100 U.S. (10 

4 Otto) 371, 388 (1879), and this power ‘‘may be ex5 ercised as and when Congress sees fit’’, and ‘‘so far 

6 as it extends and conflicts with the regulations of 

7 the State, necessarily supersedes them’’. Id. at 384. 

8 Among other things, Congress finds that the Elec9 tions Clause was intended to ‘‘vindicate the people’s 

10 right to equality of representation in the House’’. 

11 Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to 

12 address partisan gerrymandering, Rucho v. Common 

13 Cause, 139 S. Ct. 2484 (2019). 

14 (2) Congress also finds that it has both the au15 thority and responsibility, as the legislative body for 

16 the United States, to fulfill the promise of article IV, 

17 section 4, of the Constitution, which states: ‘‘The 

18 United States shall guarantee to every State in this 

19 Union a Republican Form of Government[.]’’. Con20 gress finds that its authority and responsibility to 

21 enforce the Guarantee Clause is clear given that 

22 Federal courts have not enforced this clause because 

23 they understood that its enforcement is committed 

24 to Congress by the Constitution. 


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1 (3)(A) Congress also finds that it has broad au2 thority pursuant to section 5 of the Fourteenth 

3 Amendment to legislate to enforce the provisions of 

4 the Fourteenth Amendment, including its protec5 tions of the right to vote and the democratic process. 

6 (B) Section 1 of the Fourteenth Amendment 

7 protects the fundamental right to vote, which is ‘‘of 

8 the most fundamental significance under our con9 stitutional structure’’. Ill. Bd. of Election v. Socialist 

10 Workers Party, 440 U.S. 173, 184 (1979); see 

11 United States v. Classic, 313 U.S. 299 (1941) (‘‘Ob12 viously included within the right to choose, secured 

13 by the Constitution, is the right of qualified voters 

14 within a state to cast their ballots and have them 

15 counted . . .’’). As the Supreme Court has repeatedly 

16 affirmed, the right to vote is ‘‘preservative of all 

17 rights’’, Yick Wo v. Hopkins, 118 U.S. 356, 370 

18 (1886). Section 2 of the Fourteenth Amendment 

19 also protects the right to vote, granting Congress 

20 additional authority to reduce a State’s representa21 tion in Congress when the right to vote is abridged 

22 or denied. 

23 (C) As a result, Congress finds that it has the 

24 authority pursuant to section 5 of the Fourteenth 

25 Amendment to protect the right to vote. Congress 


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1 also finds that States and localities have eroded ac2 cess to the right to vote through restrictions on the 

3 right to vote including excessively onerous voter 

4 identification requirements, burdensome voter reg5 istration procedures, voter purges, limited and un6 equal access to voting by mail, polling place closures, 

7 unequal distribution of election resources, and other 

8 impediments. 

9 (D) Congress also finds that ‘‘the right of suf10 frage can be denied by a debasement or dilution of 

11 the weight of a citizen’s vote just as effectively as by 

12 wholly prohibiting the free exercise of the franchise’’. 

13 Reynolds v. Sims, 377 U.S. 533, 555 (1964). Con14 gress finds that the right of suffrage has been so di15 luted and debased by means of gerrymandering of 

16 districts. Congress finds that it has authority pursu17 ant to section 5 of the Fourteenth Amendment to 

18 remedy this debasement. 

19 (4)(A) Congress also finds that it has authority 

20 to legislate to eliminate racial discrimination in vot21 ing and the democratic process pursuant to both sec22 tion 5 of the Fourteenth Amendment, which grants 

23 equal protection of the laws, and section 2 of the 

24 Fifteenth Amendment, which explicitly bars denial 


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1 or abridgment of the right to vote on account of 

2 race, color, or previous condition of servitude. 

3 (B) Congress finds that racial discrimination in 

4 access to voting and the political process persists. 

5 Voting restrictions, redistricting, and other electoral 

6 practices and processes continue to disproportion7 ately impact communities of color in the United 

8 States and do so as a result of both intentional ra9 cial discrimination, structural racism, and the ongo10 ing structural socioeconomic effects of historical ra11 cial discrimination. 

12 (C) Recent elections and studies have shown 

13 that minority communities wait longer in lines to 

14 vote, are more likely to have their mail ballots re15 jected, continue to face intimidation at the polls, are 

16 more likely to be disenfranchised by voter purges, 

17 and are disproportionately burdened by excessively 

18 onerous voter identification and other voter restric19 tions. Research shows that communities of color are 

20 more likely to face nearly every barrier to voting 

21 than their white counterparts. 

22 (D) Congress finds that racial disparities in dis23 enfranchisement due to past felony convictions is 

24 particularly stark. In 2020, according to the Sen25 tencing Project, an estimated 5,200,000 Americans 


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1 could not vote due to a felony conviction. One in 16 

2 African Americans of voting age is disenfranchised, 

3 a rate 3.7 times greater than that of non-African 

4 Americans. In seven States—Alabama, Florida, 

5 Kentucky, Mississippi, Tennessee, Virginia, and Wy6 oming—more than one in seven African Americans 

7 is disenfranchised, twice the national average for Af8 rican Americans. Congress finds that felony dis9 enfranchisement was one of the tools of intentional 

10 racial discrimination during the Jim Crow era. Con11 gress further finds that current racial disparities in 

12 felony disenfranchisement are linked to this history 

13 of voter suppression, structural racism in the crimi14 nal justice system, and ongoing effects of historical 

15 discrimination. 

16 (5)(A) Congress finds that it further has the 

17 power to protect the right to vote from denial or 

18 abridgment on account of sex, age, or ability to pay 

19 a poll tax or other tax pursuant to the Nineteenth, 

20 Twenty-Fourth, and Twenty-Sixth Amendments. 

21 (B) Congress finds that electoral practices in22 cluding voting rights restoration conditions for peo23 ple with convictions and other restrictions to the 

24 franchise burden voters on account of their ability to 

25 pay. 


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1 (C) Congress further finds that electoral prac2 tices including voting restrictions related to college 

3 campuses, age restrictions on mail voting, and simi4 lar practices burden the right to vote on account of 

5 age. 

6 SEC. 4. STANDARDS FOR JUDICIAL REVIEW. 

7 (a) IN GENERAL.—For any action brought for declar8 atory or injunctive relief to challenge, whether facially or 

9 as-applied, the constitutionality or lawfulness of any provi10 sion of this Act or any amendment made by this Act or 

11 any rule or regulation promulgated under this Act, the fol12 lowing rules shall apply: 

13 (1) The action shall be filed in the United 

14 States District Court for the District of Columbia 

15 and an appeal from the decision of the district court 

16 may be taken to the Court of Appeals for the Dis17 trict of Columbia Circuit. These courts, and the Su18 preme Court of the United States on a writ of cer19 tiorari (if such writ is issued), shall have exclusive 

20 jurisdiction to hear such actions. 

21 (2) The party filing the action shall concur22 rently deliver a copy the complaint to the Clerk of 

23 the House of Representatives and the Secretary of 

24 the Senate. 


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1 (3) It shall be the duty of the United States 

2 District Court for the District of Columbia and the 

3 Court of Appeals for the District of Columbia Cir4 cuit to advance on the docket and to expedite to the 

5 greatest possible extent the disposition of the action 

6 and appeal. 

7 (b) CLARIFYING SCOPE OF JURISDICTION.—If an ac8 tion at the time of its commencement is not subject to 

9 subsection (a), but an amendment, counterclaim, cross10 claim, affirmative defense, or any other pleading or motion 

11 is filed challenging, whether facially or as-applied, the con12 stitutionality or lawfulness of this Act or any amendment 

13 made by this Act or any rule or regulation promulgated 

14 under this Act, the district court shall transfer the action 

15 to the District Court for the District of Columbia, and 

16 the action shall thereafter be conducted pursuant to sub17 section (a). 

18 (c) INTERVENTION BY MEMBERS OF CONGRESS.—In 

19 any action described in subsection (a), any Member of the 

20 House of Representatives (including a Delegate or Resi21 dent Commissioner to the Congress) or Senate shall have 

22 the right to intervene either in support of or opposition 

23 to the position of a party to the case regarding the con24 stitutionality of the provision. To avoid duplication of ef25 forts and reduce the burdens placed on the parties to the 


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1 action, the court in any such action may make such orders 

2 as it considers necessary, including orders to require 

3 interveners taking similar positions to file joint papers or 

4 to be represented by a single attorney at oral argument. 

5 DIVISION A—VOTER ACCESS 

6 TITLE I—ELECTION MODERNIZA7 TION AND ADMINISTRATION 

8 SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. 

9 (a) SHORT TITLE.—This title may be cited as the 

10 ‘‘Voter Empowerment Act of 2021’’. 

11 (b) STATEMENT OF POLICY.—It is the policy of the 

12 United States that— 

13 (1) the ability of all eligible citizens of the 

14 United States to access and exercise their constitu15 tional right to vote in a free, fair, and timely manner 

16 must be vigilantly enhanced, protected, and main17 tained; and 

18 (2) the integrity, security, and accountability of 

19 the voting process must be vigilantly protected, 

20 maintained, and enhanced in order to protect and 

21 preserve electoral and participatory democracy in the 

22 United States. 


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1 Subtitle A—Voter Registration 

2 Modernization 

3 SEC. 1000A. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Voter Registration 

5 Modernization Act of 2021’’. 

6 PART 1—AUTOMATIC VOTER REGISTRATION 

7 SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE. 

8 (a) SHORT TITLE.—This part may be cited as the 

9 ‘‘Automatic Voter Registration Act of 2021’’. 

10 (b) FINDINGS AND PURPOSE.— 

11 (1) FINDINGS.—Congress finds that— 

12 (A) the right to vote is a fundamental 

13 right of citizens of the United States; 

14 (B) it is the responsibility of the State and 

15 Federal Governments to ensure that every eligi16 ble citizen is registered to vote; 

17 (C) existing voter registration systems can 

18 be inaccurate, costly, inaccessible and con19 fusing, with damaging effects on voter partici20 pation in elections for Federal office and dis21 proportionate impacts on young people, persons 

22 with disabilities, and racial and ethnic minori23 ties; and 


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1 (D) voter registration systems must be up2 dated with 21st Century technologies and pro3 cedures to maintain their security. 

4 (2) PURPOSE.—It is the purpose of this part— 

5 (A) to establish that it is the responsibility 

6 of government to ensure that all eligible citizens 

7 are registered to vote in elections for Federal 

8 office; 

9 (B) to enable the State Governments to 

10 register all eligible citizens to vote with accu11 rate, cost-efficient, and up-to-date procedures; 

12 (C) to modernize voter registration and list 

13 maintenance procedures with electronic and 

14 internet capabilities; and 

15 (D) to protect and enhance the integrity, 

16 accuracy, efficiency, and accessibility of the 

17 electoral process for all eligible citizens. 

18 SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDI19 VIDUALS. 

20 (a) IN GENERAL.—The National Voter Registration 

21 Act of 1993 (52 U.S.C. 20504) is amended by inserting 

22 after section 5 the following new section: 

23 ‘‘SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VE24 HICLE AUTHORITY. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) APPLICABLE AGENCY.—The term ‘applica2 ble agency’ means, with respect to a State, the State 

3 motor vehicle authority responsible for motor vehicle 

4 driver’s licenses under State law. 

5 ‘‘(2) APPLICABLE TRANSACTION.—The term 

6 ‘applicable transaction’ means— 

7 ‘‘(A) an application to an applicable agency 

8 for a motor vehicle driver’s license; and 

9 ‘‘(B) any other service or assistance (in10 cluding for a change of address) provided by an 

11 applicable agency. 

12 ‘‘(3) AUTOMATIC REGISTRATION.—The term 

13 ‘automatic registration’ means a system that reg14 isters an individual to vote in elections for Federal 

15 office in a State, if eligible, by electronically trans16 ferring the information necessary for registration 

17 from the applicable agency to election officials of the 

18 State so that, unless the individual affirmatively de19 clines to be registered or to update any voter reg20 istration, the individual will be registered to vote in 

21 such elections. 

22 ‘‘(4) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

23 individual’ means, with respect to an election for 

24 Federal office, an individual who is otherwise quali25 fied to vote in that election. 


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1 ‘‘(5) REGISTER TO VOTE.—The term ‘register 

2 to vote’ includes updating an individual’s existing 

3 voter registration. 

4 ‘‘(b) ESTABLISHMENT.— 

5 ‘‘(1) IN GENERAL.—The chief State election of6 ficial of each State shall establish and operate a sys7 tem of automatic registration for the registration of 

8 eligible individuals to vote for elections for Federal 

9 office in the State, in accordance with the provisions 

10 of this section. 

11 ‘‘(2) REGISTRATION OF VOTERS BASED ON NEW

12 AGENCY RECORDS.— 

13 ‘‘(A) IN GENERAL.—The chief State elec14 tion official shall— 

15 ‘‘(i) subject to subparagraph (B), en16 sure that each eligible individual who com17 pletes an applicable transaction and does 

18 not decline to register to vote is registered 

19 to vote— 

20 ‘‘(I) in the next upcoming elec21 tion for Federal office (and subse22 quent elections for Federal office), if 

23 an applicable agency transmits infor24 mation under subsection (c)(1)(E) 


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1 with respect to the individual not later 

2 than the applicable date; and 

3 ‘‘(II) in subsequent elections for 

4 Federal office, if an applicable agency 

5 transmits such information with re6 spect to such individual after the ap7 plicable date; and 

8 ‘‘(ii) not later than 60 days after the 

9 receipt of such information with respect to 

10 an individual, send written notice to the in11 dividual, in addition to other means of no12 tice established by this part, of the individ13 ual’s voter registration status. 

14 ‘‘(B) APPLICABLE DATE.—For purposes of 

15 this subsection, the term ‘‘applicable date’’ 

16 means, with respect to any election for Federal 

17 office, the later of— 

18 ‘‘(i) the date that is 28 days before 

19 the date of the election; or 

20 ‘‘(ii) the last day of the period pro21 vided by State law for registration with re22 spect to such election. 

23 ‘‘(C) CLARIFICATION.—Nothing in this 

24 subsection shall prevent the chief State election 

25 official from registering an eligible individual to 


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1 vote for the next upcoming election for Federal 

2 office in the State even if an applicable agency 

3 transmits information under subsection 

4 (c)(1)(E) with respect to the individual after 

5 the applicable date. 

6 ‘‘(3) TREATMENT OF INDIVIDUALS UNDER 18

7 YEARS OF AGE.—A State may not refuse to treat an 

8 individual as an eligible individual for purposes of 

9 this section on the grounds that the individual is less 

10 than 18 years of age at the time an applicable agen11 cy receives information with respect to the indi12 vidual, so long as the individual is at least 16 years 

13 of age at such time. Nothing in the previous sen14 tence may be construed to require a State to permit 

15 an individual who is under 18 years of age at the 

16 time of an election for Federal office to vote in the 

17 election. 

18 ‘‘(c) APPLICABLE AGENCY RESPONSIBILITIES.— 

19 ‘‘(1) INSTRUCTIONS ON AUTOMATIC REGISTRA20 TION FOR AGENCIES COLLECTING CITIZENSHIP IN21 FORMATION.— 

22 ‘‘(A) IN GENERAL.—Except as otherwise 

23 provided in this section, in the case of any ap24 plicable transaction for which applicable agency 

25 (in the normal course of its operations) requests 


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1 individuals to affirm United States citizenship 

2 (either directly or as part of the overall applica3 tion for service or assistance or enrollment), the 

4 applicable agency shall inform each such indi5 vidual who is a citizen of the United States of 

6 the following: 

7 ‘‘(i) Unless that individual declines to 

8 register to vote, or is found ineligible to 

9 vote, the individual will be registered to 

10 vote or, if applicable, the individual’s reg11 istration will be updated. 

12 ‘‘(ii) The substantive qualifications of 

13 an elector in the State as listed in the mail 

14 voter registration application form for elec15 tions for Federal office prescribed pursu16 ant to section 9, the consequences of false 

17 registration, and the individual should de18 cline to register if the individual does not 

19 meet all those qualifications. 

20 ‘‘(iii) In the case of a State in which 

21 affiliation or enrollment with a political 

22 party is required in order to participate in 

23 an election to select the party’s candidate 

24 in an election for Federal office, the re25 quirement that the individual must affiliate 


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1 or enroll with a political party in order to 

2 participate in such an election. 

3 ‘‘(iv) Voter registration is voluntary, 

4 and neither registering nor declining to 

5 register to vote will in any way affect the 

6 availability of services or benefits, nor be 

7 used for other purposes. 

8 ‘‘(B) INDIVIDUALS WITH LIMITED

9 ENGLISH PROFICIENCY.—In the case where the 

10 individual is a member of a group that con11 stitutes 3 percent or more of the overall popu12 lation within the State served by the applicable 

13 agency as measured by the United States Cen14 sus and are limited English proficient, the in15 formation described in clauses (i) through (iv) 

16 of subparagraph (A) shall be provided in a lan17 guage understood by the individual. 

18 ‘‘(C) CLARIFICATION ON PROCEDURES FOR

19 INELIGIBLE VOTERS.—An applicable agency 

20 shall not provide an individual who did not af21 firm United States citizenship, or for whom the 

22 agency has conclusive documentary evidence ob23 tained through its normal course of operations 

24 that the individual is not a United State citizen, 


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1 the opportunity to register to vote under sub2 paragraph (A). 

3 ‘‘(D) OPPORTUNITY TO DECLINE REG4 ISTRATION REQUIRED.—Except as otherwise 

5 provided in this section, each applicable agency 

6 shall ensure that each applicable transaction de7 scribed in subparagraph (A) with an eligible in8 dividual cannot be completed until the indi9 vidual is given the opportunity to decline to be 

10 registered to vote. In the case where the indi11 vidual is a member of a group that constitutes 

12 3 percent or more of the overall population 

13 within the State served by the applicable agency 

14 as measured by the United States Census and 

15 are limited English proficient, such opportunity 

16 shall be given in a language understood by the 

17 individual. 

18 ‘‘(E) INFORMATION TRANSMITTAL.—Not 

19 later than 10 days after an applicable trans20 action with an eligible individual, if the indi21 vidual did not decline to be registered to vote, 

22 the applicable agency shall electronically trans23 mit to the appropriate State election official the 

24 following information with respect to the indi25 vidual: 


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1 ‘‘(i) The individual’s given name(s) 

2 and surname(s). 

3 ‘‘(ii) The individual’s date of birth. 

4 ‘‘(iii) The individual’s residential ad5 dress. 

6 ‘‘(iv) Information showing that the in7 dividual is a citizen of the United States. 

8 ‘‘(v) The date on which information 

9 pertaining to that individual was collected 

10 or last updated. 

11 ‘‘(vi) If available, the individual’s sig12 nature in electronic form. 

13 ‘‘(vii) In the case of a State in which 

14 affiliation or enrollment with a political 

15 party is required in order to participate in 

16 an election to select the party’s candidate 

17 in an election for Federal office, informa18 tion regarding the individual’s affiliation or 

19 enrollment with a political party, but only 

20 if the individual provides such information. 

21 ‘‘(viii) Any additional information list22 ed in the mail voter registration applica23 tion form for elections for Federal office 

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1 cluding any valid driver’s license number 

2 or the last 4 digits of the individual’s so3 cial security number, if the individual pro4 vided such information. 

5 ‘‘(F) PROVISION OF INFORMATION RE6 GARDING PARTICIPATION IN PRIMARY ELEC7 TIONS.—In the case of a State in which affili8 ation or enrollment with a political party is re9 quired in order to participate in an election to 

10 select the party’s candidate in an election for 

11 Federal office, if the information transmitted 

12 under paragraph (E) with respect to an indi13 vidual does not include information regarding 

14 the individual’s affiliation or enrollment with a 

15 political party, the chief State election official 

16 shall— 

17 ‘‘(i) notify the individual that such af18 filiation or enrollment is required to par19 ticipate in primary elections; and 

20 ‘‘(ii) provide an opportunity for the 

21 individual to update their registration with 

22 a party affiliation or enrollment. 

23 ‘‘(G) CLARIFICATION.—Nothing in this 

24 section shall be read to require an applicable 

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1 formation described in subparagraph (E) for an 

2 individual who is ineligible to vote in elections 

3 for Federal office in the State, except to the ex4 tent required to pre-register citizens between 16 

5 and 18 years of age. 

6 ‘‘(2) ALTERNATE PROCEDURE FOR CERTAIN

7 OTHER APPLICABLE AGENCIES.—With each applica8 ble transaction for which an applicable agency in the 

9 normal course of its operations does not request in10 dividuals to affirm United States citizenship (either 

11 directly or as part of the overall application for serv12 ice or assistance), the applicable agency shall— 

13 ‘‘(A) complete the requirements of section 

14 7(a)(6); 

15 ‘‘(B) ensure that each applicant’s trans16 action with the agency cannot be completed 

17 until the applicant has indicated whether the 

18 applicant wishes to register to vote or declines 

19 to register to vote in elections for Federal office 

20 held in the State; and 

21 ‘‘(C) for each individual who wishes to reg22 ister to vote, transmit that individual’s informa23 tion in accordance with subsection (c)(1)(E), 

24 unless the agency has conclusive documentary 

25 evidence obtained through its normal course of 


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1 operations that the individual is not a United 

2 States citizen. 

3 ‘‘(3) REQUIRED AVAILABILITY OF AUTOMATIC

4 REGISTRATION OPPORTUNITY WITH EACH APPLICA5 TION FOR SERVICE OR ASSISTANCE.—Each applica6 ble agency shall offer each eligible individual, with 

7 each applicable transaction, the opportunity to reg8 ister to vote as prescribed by this section without re9 gard to whether the individual previously declined a 

10 registration opportunity. 

11 ‘‘(d) VOTER PROTECTION.— 

12 ‘‘(1) APPLICABLE AGENCIES’ PROTECTION OF

13 INFORMATION.—Nothing in this section authorizes 

14 an applicable agency to collect, retain, transmit, or 

15 publicly disclose any of the following, except as nec16 essary to comply with title III of the Civil Rights 

17 Act of 1960 (52 U.S.C. 20701 et seq.): 

18 ‘‘(A) An individual’s decision to decline to 

19 register to vote or not to register to vote. 

20 ‘‘(B) An individual’s decision not to affirm 

21 his or her citizenship. 

22 ‘‘(C) Any information that an applicable 

23 agency transmits pursuant to subsection 

24 (c)(1)(E), except in pursuing the agency’s ordi25 nary course of business. 


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1 ‘‘(2) ELECTION OFFICIALS’ PROTECTION OF IN2 FORMATION.— 

3 ‘‘(A) PUBLIC DISCLOSURE PROHIBITED.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii), with respect to any individual for 

6 whom any State election official receives 

7 information from an applicable agency, the 

8 State election officials shall not publicly 

9 disclose any of the following: 

10 ‘‘(I) Any information not nec11 essary to voter registration. 

12 ‘‘(II) Any voter information oth13 erwise shielded from disclosure under 

14 State law or section 8(a). 

15 ‘‘(III) Any portion of the individ16 ual’s social security number. 

17 ‘‘(IV) Any portion of the individ18 ual’s motor vehicle driver’s license 

19 number. 

20 ‘‘(V) The individual’s signature. 

21 ‘‘(VI) The individual’s telephone 

22 number. 

23 ‘‘(VII) The individual’s email ad24 dress. 


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1 ‘‘(ii) SPECIAL RULE FOR INDIVIDUALS

2 REGISTERED TO VOTE.—The prohibition 

3 on public disclosure in clause (i) shall not 

4 apply with respect to the telephone number 

5 or email address of any individual for 

6 whom any State election official receives 

7 information from the applicable agency 

8 and who, on the basis of such information, 

9 is registered to vote in the State under this 

10 section. 

11 ‘‘(e) MISCELLANEOUS PROVISIONS.— 

12 ‘‘(1) ACCESSIBILITY OF REGISTRATION SERV13 ICES.—Each applicable agency shall ensure that the 

14 services it provides under this section are made 

15 available to individuals with disabilities to the same 

16 extent as services are made available to all other in17 dividuals. 

18 ‘‘(2) TRANSMISSION THROUGH SECURE THIRD

19 PARTY PERMITTED.—Nothing in this section or in 

20 the Automatic Voter Registration Act of 2021 shall 

21 be construed to prevent an applicable agency from 

22 contracting with a third party to assist the agency 

23 in meeting the information transmittal requirements 

24 of this section, so long as the data transmittal com25 plies with the applicable requirements of this section 


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1 and such Act, including provisions relating privacy 

2 and security. 

3 ‘‘(3) NONPARTISAN, NONDISCRIMINATORY PRO4 VISION OF SERVICES.—The services made available 

5 by an applicable agencies under this section shall be 

6 made in a manner consistent with paragraphs (4), 

7 (5), and (6)(C) of section 7(a). 

8 ‘‘(4) NOTICES.—Each State may send notices 

9 under this section via electronic mail if the indi10 vidual has provided an electronic mail address and 

11 consented to electronic mail communications for 

12 election-related materials. All notices sent pursuant 

13 to this section that require a response must offer the 

14 individual notified the opportunity to respond at no 

15 cost to the individual. 

16 ‘‘(5) REGISTRATION AT OTHER STATE OFFICES

17 PERMITTED.—Nothing in this section may be con18 strued to prohibit a State from offering voter reg19 istration services described in this section at offices 

20 of the State other than the State motor vehicle au21 thority. 

22 ‘‘(f) APPLICABILITY.— 

23 ‘‘(1) IN GENERAL.—This section shall not apply 

24 to an exempt State. 


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1 ‘‘(2) EXEMPT STATE DEFINED.—The term ‘ex2 empt State’ means a State which, under law which 

3 is in effect continuously on and after the date of the 

4 enactment of this section, either— 

5 ‘‘(A) has no voter registration requirement 

6 for any voter in the State with respect to a 

7 Federal election; or 

8 ‘‘(B) operates a system of automatic reg9 istration (as defined in section 1002(a)(2)) at 

10 the motor vehicle authority of the State or a 

11 Permanent Dividend Fund of the State under 

12 which an individual is provided the opportunity 

13 to decline registration during the transaction or 

14 by way of a notice sent by mail or electronically 

15 after the transaction.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 4(a) of the National Voter Registra18 tion Act of 1993 (52 U.S.C. 20503(a)(1)) is amend19 ed by redesignating paragraphs (2) and (3) as para20 graphs (3) and (4), respectively, and by inserting 

21 after paragraph (1) the following new paragraph: 

22 ‘‘(2) by application made simultaneously with 

23 an application for a motor vehicle driver’s license 

24 pursuant to section 5A;.’’. 


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1 (2) Section 4(b) of the National Voter Registra2 tion Act of 1993 (52 U.S.C. 20503(b)) is amend3 ed— 

4 (A) by redesignating paragraphs (1) and 

5 (2) as subparagraphs (A) and (B), respectively, 

6 and indenting appropriately; 

7 (B) by striking ‘‘STATES.—This Act’’ and 

8 inserting ‘‘STATES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), this Act’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) APPLICATION OF AUTOMATIC REGISTRA14 TION REQUIREMENTS.—Section 5A shall apply to a 

15 State described in paragraph (1), unless the State is 

16 an exempt State as defined in subsection (f)(2) of 

17 such section.’’. 

18 (3) Section 8(a)(1) of such Act (52 U.S.C. 

19 20507(a)(1)) is amended by redesignating subpara20 graphs (B), (C), and (D) as subparagraphs (C), (D), 

21 and (E), respectively, and by inserting after sub22 paragraph (A) the following new subparagraph: 

23 ‘‘(B) in the case of registration under sec24 tion 5A, within the period provided in section 

25 5A(b)(2);’’. 


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1 SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTO2 MATIC REGISTRATION. 

3 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

4 An individual shall not be prosecuted under any Federal 

5 or State law, adversely affected in any civil adjudication 

6 concerning immigration status or naturalization, or sub7 ject to an allegation in any legal proceeding that the indi8 vidual is not a citizen of the United States on any of the 

9 following grounds: 

10 (1) The individual notified an election office of 

11 the individual’s automatic registration to vote. 

12 (2) The individual is not eligible to vote in elec13 tions for Federal office but was registered to vote 

14 due to individual or agency error. 

15 (3) The individual was automatically registered 

16 to vote at an incorrect address. 

17 (4) The individual declined the opportunity to 

18 register to vote or did not make an affirmation of 

19 citizenship, including through automatic registration. 

20 (b) LIMITS ON USE OF AUTOMATIC REGISTRA21 TION.—The automatic registration (within the meaning of 

22 section 5A of the National Voter Registration Act of 

23 1993) of any individual or the fact that an individual de24 clined the opportunity to register to vote or did not make 

25 an affirmation of citizenship (including through automatic 

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1 dividual in any State or Federal law enforcement pro2 ceeding or any civil adjudication concerning immigration 

3 status or naturalization, and an individual’s lack of knowl4 edge or willfulness of such registration may be dem5 onstrated by the individual’s testimony alone. 

6 (c) PROTECTION OF ELECTION INTEGRITY.—Noth7 ing in subsections (a) or (b) may be construed to prohibit 

8 or restrict any action under color of law against an indi9 vidual who— 

10 (1) knowingly and willfully makes a false state11 ment to effectuate or perpetuate automatic voter 

12 registration by any individual; or 

13 (2) casts a ballot knowingly and willfully in vio14 lation of State law or the laws of the United States. 

15 (d) ELECTION OFFICIALS’ PROTECTION OF INFOR16 MATION.— 

17 (1) VOTER RECORD CHANGES.—Each State 

18 shall maintain for at least 2 years and shall make 

19 available for public inspection (and, where available, 

20 photocopying at a reasonable cost), including in elec21 tronic form and through electronic methods, all 

22 records of changes to voter records, including remov23 als, the reasons for removals, and updates. 

24 (2) DATABASE MANAGEMENT STANDARDS.— 

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1 ment of this Act, the Director of the National Insti2 tute of Standards and Technology, in consultation 

3 with State and local election officials and the Elec4 tion Assistance Commission, shall, after providing 

5 the public with notice and the opportunity to com6 ment— 

7 (A) establish standards governing the com8 parison of data for voter registration list main9 tenance purposes, identifying as part of such 

10 standards the specific data elements, the 

11 matching rules used, and how a State may use 

12 the data to determine and deem that an indi13 vidual is ineligible under State law to vote in an 

14 election, or to deem a record to be a duplicate 

15 or outdated; 

16 (B) ensure that the standards developed 

17 pursuant to this paragraph are uniform and 

18 nondiscriminatory and are applied in a uniform 

19 and nondiscriminatory manner; 

20 (C) not later than 45 days after the dead21 line for public notice and comment, publish the 

22 standards developed pursuant to this paragraph 

23 on the Director’s website and make those 

24 standards available in written form upon re25 quest; and 


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1 (D) ensure that the standards developed 

2 pursuant to this paragraph are maintained and 

3 updated in a manner that reflects innovations 

4 and best practices in the security of database 

5 management. 

6 (3) SECURITY POLICY.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of the enactment of this Act, the 

9 Director of the National Institute of Standards 

10 and Technology shall, after providing the public 

11 with notice and the opportunity to comment, 

12 publish privacy and security standards for voter 

13 registration information not later than 45 days 

14 after the deadline for public notice and com15 ment. The standards shall require the chief 

16 State election official of each State to adopt a 

17 policy that shall specify— 

18 (i) each class of users who shall have 

19 authorized access to the computerized 

20 statewide voter registration list, specifying 

21 for each class the permission and levels of 

22 access to be granted, and setting forth 

23 other safeguards to protect the privacy, se24 curity, and accuracy of the information on 

25 the list; and 


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1 (ii) security safeguards to protect per2 sonal information transmitted through the 

3 information transmittal processes of sec4 tion 5A(b) of the National Voter Registra5 tion Act of 1993, any telephone interface, 

6 the maintenance of the voter registration 

7 database, and any audit procedure to track 

8 access to the system. 

9 (B) MAINTENANCE AND UPDATING.—The 

10 Director shall ensure that the standards devel11 oped pursuant to this paragraph are maintained 

12 and updated in a manner that reflects innova13 tions and best practices in the privacy and secu14 rity of voter registration information. 

15 (4) STATE COMPLIANCE WITH NATIONAL

16 STANDARDS.— 

17 (A) CERTIFICATION.—The chief State elec18 tion official of the State shall annually file with 

19 the Election Assistance Commission a state20 ment certifying to the Director of the National 

21 Institute of Standards and Technology that the 

22 State is in compliance with the standards re23 ferred to in paragraphs (2) and (3). A State 

24 may meet the requirement of the previous sen25 tence by filing with the Commission a statement 


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1 which reads as follows: ‘‘lllll hereby 

2 certifies that it is in compliance with the stand3 ards referred to in paragraphs (2) and (3) of 

4 section 1003(d) of the Automatic Voter Reg5 istration Act of 2021.’’ (with the blank to be 

6 filled in with the name of the State involved). 

7 (B) PUBLICATION OF POLICIES AND PRO8 CEDURES.—The chief State election official of a 

9 State shall publish on the official’s website the 

10 policies and procedures established under this 

11 section, and shall make those policies and pro12 cedures available in written form upon public 

13 request. 

14 (C) FUNDING DEPENDENT ON CERTIFI15 CATION.—If a State does not timely file the cer16 tification required under this paragraph, it shall 

17 not receive any payment under this part for the 

18 upcoming fiscal year. 

19 (D) COMPLIANCE OF STATES THAT RE20 QUIRE CHANGES TO STATE LAW.—In the case 

21 of a State that requires State legislation to 

22 carry out an activity covered by any certifi23 cation submitted under this paragraph, for a 

24 period of not more than 2 years the State shall 

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1 standing that the legislation has not been en2 acted at the time the certification is submitted, 

3 and such State shall submit an additional cer4 tification once such legislation is enacted. 

5 (e) RESTRICTIONS ON USE OF INFORMATION.—No 

6 person acting under color of law may discriminate against 

7 any individual based on, or use for any purpose other than 

8 voter registration, election administration, juror selection, 

9 or enforcement relating to election crimes, any of the fol10 lowing: 

11 (1) Voter registration records. 

12 (2) An individual’s declination to register to 

13 vote or complete an affirmation of citizenship under 

14 section 5A of the National Voter Registration Ac of 

15 1993. 

16 (3) An individual’s voter registration status. 

17 (f) PROHIBITION ON THE USE OF VOTER REGISTRA18 TION INFORMATION FOR COMMERCIAL PURPOSES.—In19 formation collected under this part or the amendments 

20 made by this part shall not be used for commercial pur21 poses. Nothing in this subsection may be construed to pro22 hibit the transmission, exchange, or dissemination of in23 formation for political purposes, including the support of 

24 campaigns for election for Federal, State, or local public 

25 office or the activities of political committees (including 


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1 committees of political parties) under the Federal Election 

2 Campaign Act of 1971. 

3 SEC. 1004. PAYMENTS AND GRANTS. 

4 (a) IN GENERAL.—The Election Assistance Commis5 sion shall make grants to each eligible State to assist the 

6 State in implementing the requirements of this part and 

7 the amendments made by this part (or, in the case of an 

8 exempt State, in implementing its existing automatic voter 

9 registration program or expanding its automatic voter reg10 istration program in a manner consistent with the require11 ments of this part) with respect to the offices of the State 

12 motor vehicle authority and any other offices of the State 

13 at which the State offers voter registration services as de14 scribed in this part and the amendments made by this 

15 part. 

16 (b) ELIGIBILITY; APPLICATION.—A State is eligible 

17 to receive a grant under this section if the State submits 

18 to the Commission, at such time and in such form as the 

19 Commission may require, an application containing— 

20 (1) a description of the activities the State will 

21 carry out with the grant; 

22 (2) an assurance that the State shall carry out 

23 such activities without partisan bias and without 

24 promoting any particular point of view regarding 

25 any issue; and 


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1 (3) such other information and assurances as 

2 the Commission may require. 

3 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis4 sion shall determine the amount of a grant made to an 

5 eligible State under this section. In determining the 

6 amounts of the grants, the Commission shall give priority 

7 to providing funds for those activities which are most like8 ly to accelerate compliance with the requirements of this 

9 part (or, in the case of an exempt State, which are most 

10 likely to enhance the ability of the State to automatically 

11 register individuals to vote through its existing automatic 

12 voter registration program), including— 

13 (1) investments supporting electronic informa14 tion transfer, including electronic collection and 

15 transfer of signatures, between applicable agencies 

16 (as defined in section 5A of the National Voter Reg17 istration Act of 1993) and the appropriate State 

18 election officials; 

19 (2) updates to online or electronic voter reg20 istration systems already operating as of the date of 

21 the enactment of this Act; 

22 (3) introduction of online voter registration sys23 tems in jurisdictions in which those systems did not 

24 previously exist; and 


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1 (4) public education on the availability of new 

2 methods of registering to vote, updating registration, 

3 and correcting registration. 

4 (d) EXEMPT STATE.—For purposes of this section, 

5 the term ‘‘exempt State’’ has the meaning given such term 

6 under section 5A of the National Voter Registration Act 

7 of 1993, and also includes a State in which, under law 

8 which is in effect continuously on and after the date of 

9 the enactment of the National Voter Registration Act of 

10 1993, there is no voter registration requirement for any 

11 voter in the State with respect to an election for Federal 

12 office. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) AUTHORIZATION.—There are authorized to 

15 be appropriated to carry out this section— 

16 (A) $3,000,000,000 for fiscal year 2021; 

17 and 

18 (B) such sums as may be necessary for 

19 each succeeding fiscal year. 

20 (2) CONTINUING AVAILABILITY OF FUNDS.— 

21 Any amounts appropriated pursuant to the authority 

22 of this subsection shall remain available without fis23 cal year limitation until expended. 


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1 SEC. 1005. MISCELLANEOUS PROVISIONS. 

2 (a) ENFORCEMENT.—Section 11 of the National 

3 Voter Registration Act of 1993 (52 U.S.C. 20510), relat4 ing to civil enforcement and the availability of private 

5 rights of action, shall apply with respect to this part in 

6 the same manner as such section applies to such Act. 

7 (b) RELATION TO OTHER LAWS.—Except as pro8 vided, nothing in this part or the amendments made by 

9 this part may be construed to authorize or require conduct 

10 prohibited under, or to supersede, restrict, or limit the ap11 plication of any of the following: 

12 (1) The Voting Rights Act of 1965 (52 U.S.C. 

13 10301 et seq.). 

14 (2) The Uniformed and Overseas Citizens Ab15 sentee Voting Act (52 U.S.C. 20301 et seq.). 

16 (3) The National Voter Registration Act of 

17 1993 (52 U.S.C. 20501 et seq.) (other than section 

18 5A thereof). 

19 (4) The Help America Vote Act of 2002 (52 

20 U.S.C. 20901 et seq.). 

21 (5) The Americans with Disabilities Act of 

22 1990 (42 U.S.C. 12101 et seq.). 

23 SEC. 1006. DEFINITIONS. 

24 In this part, the following definitions apply: 

25 (1) The term ‘‘chief State election official’’ 

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1 ignated by the State under section 10 of the Na2 tional Voter Registration Act of 1993 (52 U.S.C. 

3 20509) to be responsible for coordination of the 

4 State’s responsibilities under such Act. 

5 (2) The term ‘‘Commission’’ means the Election 

6 Assistance Commission. 

7 (3) The term ‘‘State’’ means each of the several 

8 States, the District of Columbia, the Commonwealth 

9 of Puerto Rico, the United States Virgin Islands, 

10 Guam, American Samoa, and the Commonwealth of 

11 the Northern Mariana Islands. 

12 SEC. 1007. EFFECTIVE DATE. 

13 (a) IN GENERAL.—Except as provided in subsection 

14 (b), this part and the amendments made by this part shall 

15 apply on and after January 1, 2023. 

16 (b) WAIVER.—If a State certifies to the Commission 

17 not later than January 1, 2023, that the State will not 

18 meet the deadline described in subsection (a) because it 

19 would be impracticable to do so and includes in the certifi20 cation the reasons for the failure to meet such deadline, 

21 subsection (a) shall apply to the State as if the reference 

22 in such subsection to ‘‘January 1, 2023’’ were a reference 

23 to ‘‘January 1, 2025’’. 


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1 PART 2—ELECTION DAY AS LEGAL PUBLIC 

2 HOLIDAY 

3 SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY. 

4 (a) IN GENERAL.—Section 6103(a) of title 5, United 

5 States Code, is amended by inserting after the item relat6 ing to Columbus Day, the following: 

7 ‘‘Election Day, the Tuesday next after the first Mon8 day in November in each even-numbered year.’’. 

9 (b) CONFORMING AMENDMENT.—Section 241(b) of 

10 the Help America Vote Act of 2002 (52 U.S.C. 20981(b)) 

11 is amended— 

12 (1) by striking paragraph (10); and 

13 (2) by redesignating paragraphs (11) through 

14 (19) as paragraphs (10) through (18), respectively. 

15 (c) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to the regularly 

17 scheduled general elections for Federal office held in No18 vember 2022 or any succeeding year. 

19 PART 3—PROMOTING INTERNET REGISTRATION 

20 SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR 

21 VOTER REGISTRATION. 

22 (a) REQUIRING AVAILABILITY OF INTERNET FOR

23 REGISTRATION.—The National Voter Registration Act of 

24 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

25 after section 6 the following new section: 


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1 ‘‘SEC. 6A. INTERNET REGISTRATION. 

2 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

3 ONLINE REGISTRATION.—Each State, acting through the 

4 chief State election official, shall ensure that the following 

5 services are available to the public at any time on the offi6 cial public websites of the appropriate State and local elec7 tion officials in the State, in the same manner and subject 

8 to the same terms and conditions as the services provided 

9 by voter registration agencies under section 7(a): 

10 ‘‘(1) Online application for voter registration. 

11 ‘‘(2) Online assistance to applicants in applying 

12 to register to vote. 

13 ‘‘(3) Online completion and submission by ap14 plicants of the mail voter registration application 

15 form prescribed by the Election Assistance Commis16 sion pursuant to section 9(a)(2), including assist17 ance with providing a signature as required under 

18 subsection (c). 

19 ‘‘(4) Online receipt of completed voter registra20 tion applications. 

21 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 

22 A State shall accept an online voter registration applica23 tion provided by an individual under this section, and en24 sure that the individual is registered to vote in the State, 

25 if— 


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1 ‘‘(1) the individual meets the same voter reg2 istration requirements applicable to individuals who 

3 register to vote by mail in accordance with section 

4 6(a)(1) using the mail voter registration application 

5 form prescribed by the Election Assistance Commis6 sion pursuant to section 9(a)(2); and 

7 ‘‘(2) the individual meets the requirements of 

8 subsection (c) to provide a signature in electronic 

9 form (but only in the case of applications submitted 

10 during or after the second year in which this section 

11 is in effect in the State). 

12 ‘‘(c) SIGNATURE REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, an individual meets the requirements of this 

15 subsection as follows: 

16 ‘‘(A) In the case of an individual who has 

17 a signature on file with a State agency, includ18 ing the State motor vehicle authority, that is 

19 required to provide voter registration services 

20 under this Act or any other law, the individual 

21 consents to the transfer of that electronic signa22 ture. 

23 ‘‘(B) If subparagraph (A) does not apply, 

24 the individual submits with the application an 


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1 electronic copy of the individual’s handwritten 

2 signature through electronic means. 

3 ‘‘(C) If subparagraph (A) and subpara4 graph (B) do not apply, the individual executes 

5 a computerized mark in the signature field on 

6 an online voter registration application, in ac7 cordance with reasonable security measures es8 tablished by the State, but only if the State ac9 cepts such mark from the individual. 

10 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

11 MEET REQUIREMENT.—If an individual is unable to 

12 meet the requirements of paragraph (1), the State 

13 shall— 

14 ‘‘(A) permit the individual to complete all 

15 other elements of the online voter registration 

16 application; 

17 ‘‘(B) permit the individual to provide a sig18 nature at the time the individual requests a bal19 lot in an election (whether the individual re20 quests the ballot at a polling place or requests 

21 the ballot by mail); and 

22 ‘‘(C) if the individual carries out the steps 

23 described in subparagraph (A) and subpara24 graph (B), ensure that the individual is reg25 istered to vote in the State. 


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1 ‘‘(3) NOTICE.—The State shall ensure that in2 dividuals applying to register to vote online are noti3 fied of the requirements of paragraph (1) and of the 

4 treatment of individuals unable to meet such re5 quirements, as described in paragraph (2). 

6 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

7 ‘‘(1) CONFIRMATION OF RECEIPT.— 

8 ‘‘(A) IN GENERAL.—Upon the online sub9 mission of a completed voter registration appli10 cation by an individual under this section, the 

11 appropriate State or local election official shall 

12 provide the individual a notice confirming the 

13 State’s receipt of the application and providing 

14 instructions on how the individual may check 

15 the status of the application. 

16 ‘‘(B) METHOD OF NOTIFICATION.—The 

17 appropriate State or local election official shall 

18 provide the notice required under subparagraph 

19 (A) though the online submission process and— 

20 ‘‘(i) in the case of an individual who 

21 has provided the official with an electronic 

22 mail address, by electronic mail; and 

23 ‘‘(ii) at the option of the individual, 

24 by text message. 

25 ‘‘(2) NOTICE OF DISPOSITION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 7 days 

2 after the appropriate State or local election offi3 cial has approved or rejected an application 

4 submitted by an individual under this section, 

5 the official shall provide the individual a notice 

6 of the disposition of the application. 

7 ‘‘(B) METHOD OF NOTIFICATION.—The 

8 appropriate State or local election official shall 

9 provide the notice required under subparagraph 

10 (A) by regular mail and— 

11 ‘‘(i) in the case of an individual who 

12 has provided the official with an electronic 

13 mail address, by electronic mail; and 

14 ‘‘(ii) at the option of the individual, 

15 by text message. 

16 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

17 MANNER.—The services made available under subsection 

18 (a) shall be provided in a manner that ensures that— 

19 ‘‘(1) the online application does not seek to in20 fluence an applicant’s political preference or party 

21 registration; and 

22 ‘‘(2) there is no display on the website pro23 moting any political preference or party allegiance, 

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1 strued to prohibit an applicant from registering to 

2 vote as a member of a political party. 

3 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 

4 In meeting the requirements of this section, the State shall 

5 establish appropriate technological security measures to 

6 prevent to the greatest extent practicable any unauthor7 ized access to information provided by individuals using 

8 the services made available under subsection (a). 

9 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en10 sure that the services made available under this section 

11 are made available to individuals with disabilities to the 

12 same extent as services are made available to all other in13 dividuals. 

14 ‘‘(h) NONDISCRIMINATION AMONG REGISTERED

15 VOTERS USING MAIL AND ONLINE REGISTRATION.—In 

16 carrying out this Act, the Help America Vote Act of 2002, 

17 or any other Federal, State, or local law governing the 

18 treatment of registered voters in the State or the adminis19 tration of elections for public office in the State, a State 

20 shall treat a registered voter who registered to vote online 

21 in accordance with this section in the same manner as the 

22 State treats a registered voter who registered to vote by 

23 mail.’’. 

24 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

25 USING ONLINE REGISTRATION.— 


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1 (1) TREATMENT AS INDIVIDUALS REGISTERING

2 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

3 VOTER IDENTIFICATION REQUIREMENTS.—Section 

4 303(b)(1)(A) of the Help America Vote Act of 2002 

5 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 

6 ‘‘by mail’’ and inserting ‘‘by mail or online under 

7 section 6A of the National Voter Registration Act of 

8 1993’’. 

9 (2) REQUIRING SIGNATURE FOR FIRST-TIME

10 VOTERS IN JURISDICTION.—Section 303(b) of such 

11 Act (52 U.S.C. 21083(b)) is amended— 

12 (A) by redesignating paragraph (5) as 

13 paragraph (6); and 

14 (B) by inserting after paragraph (4) the 

15 following new paragraph: 

16 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST17 TIME VOTERS USING ONLINE REGISTRATION.— 

18 ‘‘(A) IN GENERAL.—A State shall, in a 

19 uniform and nondiscriminatory manner, require 

20 an individual to meet the requirements of sub21 paragraph (B) if— 

22 ‘‘(i) the individual registered to vote 

23 in the State online under section 6A of the 

24 National Voter Registration Act of 1993; 

25 and 


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1 ‘‘(ii) the individual has not previously 

2 voted in an election for Federal office in 

3 the State. 

4 ‘‘(B) REQUIREMENTS.—An individual 

5 meets the requirements of this subparagraph 

6 if— 

7 ‘‘(i) in the case of an individual who 

8 votes in person, the individual provides the 

9 appropriate State or local election official 

10 with a handwritten signature; or 

11 ‘‘(ii) in the case of an individual who 

12 votes by mail, the individual submits with 

13 the ballot a handwritten signature. 

14 ‘‘(C) INAPPLICABILITY.—Subparagraph 

15 (A) does not apply in the case of an individual 

16 who is— 

17 ‘‘(i) entitled to vote by absentee ballot 

18 under the Uniformed and Overseas Citi19 zens Absentee Voting Act (52 U.S.C. 

20 20302 et seq.); 

21 ‘‘(ii) provided the right to vote other22 wise than in person under section 

23 3(b)(2)(B)(ii) of the Voting Accessibility 

24 for the Elderly and Handicapped Act (52 

25 U.S.C. 20102(b)(2)(B)(ii)); or 


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1 ‘‘(iii) entitled to vote otherwise than 

2 in person under any other Federal law.’’. 

3 (3) CONFORMING AMENDMENT RELATING TO

4 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

5 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 

6 striking ‘‘Each State’’ and inserting ‘‘Except as pro7 vided in subsection (b)(5), each State’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) TIMING OF REGISTRATION.—Section 8(a)(1) 

10 of the National Voter Registration Act of 1993 (52 

11 U.S.C. 20507(a)(1)), as amended by section 

12 1002(b)(3), is amended— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (D); 

15 (B) by redesignating subparagraph (E) as 

16 subparagraph (F); and 

17 (C) by inserting after subparagraph (D) 

18 the following new subparagraph: 

19 ‘‘(E) in the case of online registration 

20 through the official public website of an election 

21 official under section 6A, if the valid voter reg22 istration application is submitted online not 

23 later than the lesser of 28 days, or the period 

24 provided by State law, before the date of the 

25 election (as determined by treating the date on 


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1 which the application is sent electronically as 

2 the date on which it is submitted); and’’. 

3 (2) INFORMING APPLICANTS OF ELIGIBILITY

4 REQUIREMENTS AND PENALTIES.—Section 8(a)(5) 

5 of such Act (52 U.S.C. 20507(a)(5)) is amended by 

6 striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 

7 SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION 

8 INFORMATION. 

9 (a) IN GENERAL.— 

10 (1) UPDATES TO INFORMATION CONTAINED ON

11 COMPUTERIZED STATEWIDE VOTER REGISTRATION

12 LIST.—Section 303(a) of the Help America Vote Act 

13 of 2002 (52 U.S.C. 21083(a)) is amended by adding 

14 at the end the following new paragraph: 

15 ‘‘(6) USE OF INTERNET BY REGISTERED VOT16 ERS TO UPDATE INFORMATION.— 

17 ‘‘(A) IN GENERAL.—The appropriate State 

18 or local election official shall ensure that any 

19 registered voter on the computerized list may at 

20 any time update the voter’s registration infor21 mation, including the voter’s address and elec22 tronic mail address, online through the official 

23 public website of the election official responsible 

24 for the maintenance of the list, so long as the 

25 voter attests to the contents of the update by 


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1 providing a signature in electronic form in the 

2 same manner required under section 6A(c) of 

3 the National Voter Registration Act of 1993. 

4 ‘‘(B) PROCESSING OF UPDATED INFORMA5 TION BY ELECTION OFFICIALS.—If a registered 

6 voter updates registration information under 

7 subparagraph (A), the appropriate State or 

8 local election official shall— 

9 ‘‘(i) revise any information on the 

10 computerized list to reflect the update 

11 made by the voter; and 

12 ‘‘(ii) if the updated registration infor13 mation affects the voter’s eligibility to vote 

14 in an election for Federal office, ensure 

15 that the information is processed with re16 spect to the election if the voter updates 

17 the information not later than the lesser of 

18 7 days, or the period provided by State 

19 law, before the date of the election. 

20 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

21 ‘‘(i) CONFIRMATION OF RECEIPT.— 

22 Upon the online submission of updated 

23 registration information by an individual 

24 under this paragraph, the appropriate 

25 State or local election official shall send 


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1 the individual a notice confirming the 

2 State’s receipt of the updated information 

3 and providing instructions on how the indi4 vidual may check the status of the update. 

5 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

6 later than 7 days after the appropriate 

7 State or local election official has accepted 

8 or rejected updated information submitted 

9 by an individual under this paragraph, the 

10 official shall send the individual a notice of 

11 the disposition of the update. 

12 ‘‘(iii) METHOD OF NOTIFICATION.— 

13 The appropriate State or local election offi14 cial shall send the notices required under 

15 this subparagraph by regular mail and— 

16 ‘‘(I) in the case of an individual 

17 who has requested that the State pro18 vide voter registration and voting in19 formation through electronic mail, by 

20 electronic mail; and 

21 ‘‘(II) at the option of the indi22 vidual, by text message.’’. 

23 (2) CONFORMING AMENDMENT RELATING TO

24 EFFECTIVE DATE.—Section 303(d)(1)(A) of such 

25 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 


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1 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub2 paragraph (B) and subsection (a)(6)’’. 

3 (b) ABILITY OF REGISTRANT TO USE ONLINE UP4 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec5 tion 8(d)(2)(A) of the National Voter Registration Act of 

6 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

7 (1) in the first sentence, by inserting after ‘‘re8 turn the card’’ the following: ‘‘or update the reg9 istrant’s information on the computerized Statewide 

10 voter registration list using the online method pro11 vided under section 303(a)(6) of the Help America 

12 Vote Act of 2002’’; and 

13 (2) in the second sentence, by striking ‘‘re14 turned,’’ and inserting the following: ‘‘returned or if 

15 the registrant does not update the registrant’s infor16 mation on the computerized Statewide voter reg17 istration list using such online method,’’. 

18 SEC. 1023. PROVISION OF ELECTION INFORMATION BY 

19 ELECTRONIC MAIL TO INDIVIDUALS REG20 ISTERED TO VOTE. 

21 (a) INCLUDING OPTION ON VOTER REGISTRATION

22 APPLICATION TO PROVIDE E–MAIL ADDRESS AND RE23 CEIVE INFORMATION.— 


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1 (1) IN GENERAL.—Section 9(b) of the National 

2 Voter Registration Act of 1993 (52 U.S.C. 

3 20508(b)) is amended— 

4 (A) by striking ‘‘and’’ at the end of para5 graph (3); 

6 (B) by striking the period at the end of 

7 paragraph (4) and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(5) shall include a space for the applicant to 

11 provide (at the applicant’s option) an electronic mail 

12 address, together with a statement that, if the appli13 cant so requests, instead of using regular mail the 

14 appropriate State and local election officials shall 

15 provide to the applicant, through electronic mail sent 

16 to that address, the same voting information (as de17 fined in section 302(b)(2) of the Help America Vote 

18 Act of 2002) which the officials would provide to the 

19 applicant through regular mail.’’. 

20 (2) PROHIBITING USE FOR PURPOSES UNRE21 LATED TO OFFICIAL DUTIES OF ELECTION OFFI22 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

23 amended by adding at the end the following new 

24 subsection: 


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1 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD2 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

3 chief State election official shall ensure that any electronic 

4 mail address provided by an applicant under subsection 

5 (b)(5) is used only for purposes of carrying out official 

6 duties of election officials and is not transmitted by any 

7 State or local election official (or any agent of such an 

8 official, including a contractor) to any person who does 

9 not require the address to carry out such official duties 

10 and who is not under the direct supervision and control 

11 of a State or local election official.’’. 

12 (b) REQUIRING PROVISION OF INFORMATION BY

13 ELECTION OFFICIALS.—Section 302(b) of the Help Amer14 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

15 by adding at the end the following new paragraph: 

16 ‘‘(3) PROVISION OF OTHER INFORMATION BY

17 ELECTRONIC MAIL.—If an individual who is a reg18 istered voter has provided the State or local election 

19 official with an electronic mail address for the pur20 pose of receiving voting information (as described in 

21 section 9(b)(5) of the National Voter Registration 

22 Act of 1993), the appropriate State or local election 

23 official, through electronic mail transmitted not later 

24 than 7 days before the date of the election for Fed25 eral office involved, shall provide the individual with 


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1 information on how to obtain the following informa2 tion by electronic means: 

3 ‘‘(A)(i) If the individual is assigned to vote 

4 in the election at a specific polling place— 

5 ‘‘(I) the name and address of the poll6 ing place; and 

7 ‘‘(II) the hours of operation for the 

8 polling place. 

9 ‘‘(ii) If the individual is not assigned to 

10 vote in the election at a specific polling place— 

11 ‘‘(I) the name and address of loca12 tions at which the individual is eligible to 

13 vote; and 

14 ‘‘(II) the hours of operation for those 

15 locations. 

16 ‘‘(B) A description of any identification or 

17 other information the individual may be re18 quired to present at the polling place or a loca19 tion described in subparagraph (A)(ii)(I) to vote 

20 in the election.’’. 

21 SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING 

22 NECESSARY INFORMATION TO SHOW ELIGI23 BILITY TO VOTE. 

24 Section 8 of the National Voter Registration Act of 

25 1993 (52 U.S.C. 20507) is amended— 


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1 (1) by redesignating subsection (j) as sub2 section (k); and 

3 (2) by inserting after subsection (i) the fol4 lowing new subsection: 

5 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI6 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

7 ELIGIBILITY TO VOTE.—For purposes meeting the re8 quirement of subsection (a)(1) that an eligible applicant 

9 is registered to vote in an election for Federal office within 

10 the deadlines required under such subsection, the State 

11 shall consider an applicant to have provided a ‘valid voter 

12 registration form’ if— 

13 ‘‘(1) the applicant has substantially completed 

14 the application form and attested to the statement 

15 required by section 9(b)(2); and 

16 ‘‘(2) in the case of an applicant who registers 

17 to vote online in accordance with section 6A, the ap18 plicant provides a signature in accordance with sub19 section (c) of such section.’’. 

20 SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLI21 CANTS TO PROVIDE MORE THAN LAST 4 DIG22 ITS OF SOCIAL SECURITY NUMBER. 

23 (a) FORM INCLUDED WITH APPLICATION FOR

24 MOTOR VEHICLE DRIVER’S LICENSE.—Section 

25 5(c)(2)(B)(ii) of the National Voter Registration Act of 


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1 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by strik2 ing the semicolon at the end and inserting the following: 

3 ‘‘, and to the extent that the application requires the appli4 cant to provide a Social Security number, may not require 

5 the applicant to provide more than the last 4 digits of such 

6 number;’’. 

7 (b) NATIONAL MAIL VOTER REGISTRATION FORM.— 

8 Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is 

9 amended by striking the semicolon at the end and insert10 ing the following: ‘‘, and to the extent that the form re11 quires the applicant to provide a Social Security number, 

12 the form may not require the applicant to provide more 

13 than the last 4 digits of such number;’’. 

14 SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT 

15 STATES. 

16 Section 4 of the National Voter Registration Act of 

17 1993 (52 U.S.C. 20503) is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(c) APPLICATION OF INTERNET VOTER REGISTRA20 TION RULES.—Notwithstanding subsection (b), the fol21 lowing provisions shall apply to a State described in para22 graph (2) thereof: 

23 ‘‘(1) Section 6A (as added by section 1021(a) 

24 of the Voter Registration Modernization Act of 

25 2021). 


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1 ‘‘(2) Section 8(a)(1)(E) (as added by section 

2 1021(c)(1) of the Voter Registration Modernization 

3 Act of 2021). 

4 ‘‘(3) Section 8(a)(5) (as amended by section 

5 1021(c)(2) of Voter Registration Modernization Act 

6 of 2021), but only to the extent such provision re7 lates to section 6A. 

8 ‘‘(4) Section 8(j) (as added by section 1024 of 

9 the Voter Registration Modernization Act of 2021), 

10 but only to the extent such provision relates to sec11 tion 6A.’’. 

12 SEC. 1027. REPORT ON DATA COLLECTION RELATING TO 

13 ONLINE VOTER REGISTRATION SYSTEMS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Attorney General shall submit to Congress 

16 a report on local, State, and Federal personally identifi17 able information data collections efforts related to online 

18 voter registration systems, the cyber security resources 

19 necessary to defend such efforts from online attacks, and 

20 the impact of a potential data breach of local, State, or 

21 Federal online voter registration systems. 


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1 SEC. 1028. PERMITTING VOTER REGISTRATION APPLICA2 TION FORM TO SERVE AS APPLICATION FOR 

3 ABSENTEE BALLOT. 

4 Section 5(c) of the National Voter Registration Act 

5 of 1993 (52 U.S.C. 20504(c)) is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (D); 

9 (B) by striking the period at the end of 

10 subparagraph (E) and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(F) at the option of the applicant, shall serve 

14 as an application to vote by absentee ballot in the 

15 next election for Federal office held in the State and 

16 in each subsequent election for Federal office held in 

17 the State.’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3)(A) In the case of an individual who is treated 

21 as having applied for an absentee ballot in the next elec22 tion for Federal office held in the State and in each subse23 quent election for Federal office held in the State under 

24 paragraph (2)(F), such treatment shall remain effective 

25 until the earlier of such time as— 


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1 ‘‘(i) the individual is no longer registered to 

2 vote in the State; or 

3 ‘‘(ii) the individual provides an affirmative writ4 ten notice revoking such treatment. 

5 ‘‘(B) The treatment of an individual as having ap6 plied for an absentee ballot in the next election for Federal 

7 office held in the State and in each subsequent election 

8 for Federal office held in the State under paragraph 

9 (2)(F) shall not be revoked on the basis that the individual 

10 has not voted in an election’’. 

11 SEC. 1029. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), the amendments made by this part (other than the 

14 amendments made by section 1004) shall take effect Jan15 uary 1, 2022. 

16 (b) WAIVER.—If a State certifies to the Election As17 sistance Commission not later than January 1, 2022, that 

18 the State will not meet the deadline described in sub19 section (a) because it would be impracticable to do so and 

20 includes in the certification the reasons for the failure to 

21 meet such deadline, subsection (a) shall apply to the State 

22 as if the reference in such subsection to ‘‘January 1, 

23 2022’’ were a reference to ‘‘January 1, 2024’’. 


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1 PART 4—SAME DAY VOTER REGISTRATION 

2 SEC. 1031. SAME DAY REGISTRATION. 

3 (a) IN GENERAL.—Title III of the Help America 

4 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 

5 (1) by redesignating sections 304 and 305 as 

6 sections 305 and 306, respectively; and 

7 (2) by inserting after section 303 the following 

8 new section: 

9 ‘‘SEC. 304. SAME DAY REGISTRATION. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) REGISTRATION.—Each State shall permit 

12 any eligible individual on the day of a Federal elec13 tion and on any day when voting, including early 

14 voting, is permitted for a Federal election— 

15 ‘‘(A) to register to vote in such election at 

16 the polling place using a form that meets the 

17 requirements under section 9(b) of the National 

18 Voter Registration Act of 1993 (or, if the indi19 vidual is already registered to vote, to revise 

20 any of the individual’s voter registration infor21 mation); and 

22 ‘‘(B) to cast a vote in such election. 

23 ‘‘(2) EXCEPTION.—The requirements under 

24 paragraph (1) shall not apply to a State in which, 

25 under a State law in effect continuously on and after 

26 the date of the enactment of this section, there is no 


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1 voter registration requirement for individuals in the 

2 State with respect to elections for Federal office. 

3 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

4 section, the term ‘eligible individual’ means, with respect 

5 to any election for Federal office, an individual who is oth6 erwise qualified to vote in that election. 

7 ‘‘(c) ENSURING AVAILABILITY OF FORMS.—The 

8 State shall ensure that each polling place has copies of 

9 any forms an individual may be required to complete in 

10 order to register to vote or revise the individual’s voter 

11 registration information under this section. 

12 ‘‘(d) EFFECTIVE DATE.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 each State shall be required to comply with the re15 quirements of this section for the regularly sched16 uled general election for Federal office occurring in 

17 November 2022 and for any subsequent election for 

18 Federal office. 

19 ‘‘(2) SPECIAL RULES FOR ELECTIONS BEFORE

20 NOVEMBER 2026.— 

21 ‘‘(A) ELECTIONS PRIOR TO NOVEMBER

22 2024 GENERAL ELECTION.—A State shall be 

23 deemed to be in compliance with the require24 ments of this section for the regularly scheduled 

25 general election for Federal office occurring in 


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1 November 2022 and subsequent elections for 

2 Federal office occurring before the regularly 

3 scheduled general election for Federal office in 

4 November 2024 if at least one location for each 

5 15,000 registered voters in each jurisdiction in 

6 the State meets such requirements. 

7 ‘‘(B) NOVEMBER 2024 GENERAL ELEC8 TION.—If a State certifies to the Commission 

9 not later than November 5, 2024, that the 

10 State will not be in compliance with the require11 ments of this section for the regularly scheduled 

12 general election for Federal office occurring in 

13 November 2024 because it would be impracti14 cable to do so and includes in the certification 

15 the reasons for the failure to meet such require16 ments, the State shall be deemed to be in com17 pliance with the requirements of this section for 

18 such election if at least one location for each 

19 15,000 registered voters in each jurisdiction in 

20 the State meets such requirements.’’. 

21 (b) CONFORMING AMENDMENT RELATING TO EN22 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

23 is amended by striking ‘‘sections 301, 302, and 303’’ and 

24 inserting ‘‘subtitle A of title III’’. 


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1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 of such Act is amended— 

3 (1) by redesignating the items relating to sec4 tions 304 and 305 as relating to sections 305 and 

5 306, respectively; and 

6 (2) by inserting after the item relating to sec7 tion 303 the following new item: 

‘‘Sec. 304. Same day registration.’’. 

8 SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEAD9 LINES ARE CONSISTENT WITH TIMING OF 

10 LEGAL PUBLIC HOLIDAYS. 

11 (a) IN GENERAL.—Section 8(a)(1) of the National 

12 Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) 

13 is amended by striking ‘‘30 days’’ each place it appears 

14 and inserting ‘‘28 days’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to elections held 

17 in 2022 or any succeeding year. 

18 PART 5—STREAMLINE VOTER REGISTRATION 

19 INFORMATION, ACCESS, AND PRIVACY 

20 SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER 

21 REGISTRATION INFORMATION DISPLAYS 

22 FOLLOWING NATURALIZATION CEREMONIES. 

23 The Secretary of Homeland Security shall establish 

24 a process for authorizing the chief State election official 

25 of a State to disseminate voter registration information 


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1 at the conclusion of any naturalization ceremony in such 

2 State, which may involve a display or exhibit. 

3 SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMA4 TION WITH CERTAIN LEASES AND VOUCHERS 

5 FOR FEDERALLY ASSISTED RENTAL HOUSING 

6 AND MORTGAGE APPLICATIONS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) BUREAU.—The term ‘‘Bureau’’ means the 

9 Bureau of Consumer Financial Protection. 

10 (2) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Bureau of Consumer Financial 

12 Protection. 

13 (3) FEDERAL RENTAL ASSISTANCE.—The term 

14 ‘‘Federal rental assistance’’ means rental assistance 

15 provided under— 

16 (A) any covered housing program, as de17 fined in section 41411(a) of the Violence 

18 Against Women Act of 1994 (34 U.S.C. 

19 12491(a)); 

20 (B) title V of the Housing Act of 1949 (42 

21 U.S.C. 1471 et seq.), including voucher assist22 ance under section 542 of such title (42 U.S.C. 

23 1490r); 

24 (C) the Housing Trust Fund program 

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1 terprises Financial Safety and Soundness Act 

2 of 1992 (12 U.S.C. 4588); or 

3 (D) subtitle C of title IV of the McKinney4 Vento Homeless Assistance Act (42 U.S.C. 

5 11381 et seq.). 

6 (4) FEDERALLY BACKED MULTIFAMILY MORT7 GAGE LOAN.—The term ‘‘Federally backed multi8 family mortgage loan’’ includes any loan (other than 

9 temporary financing such as a construction loan) 

10 that— 

11 (A) is secured by a first or subordinate lien 

12 on residential multifamily real property de13 signed principally for the occupancy of 5 or 

14 more families, including any such secured loan, 

15 the proceeds of which are used to prepay or pay 

16 off an existing loan secured by the same prop17 erty; and 

18 (B) is made in whole or in part, or in19 sured, guaranteed, supplemented, or assisted in 

20 any way, by any officer or agency of the Fed21 eral Government or under or in connection with 

22 a housing or urban development program ad23 ministered by the Secretary of Housing and 

24 Urban Development or a housing or related 

25 program administered by any other such officer 


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1 or agency, or is purchased or securitized by the 

2 Federal Home Loan Mortgage Corporation or 

3 the Federal National Mortgage Association. 

4 (5) OWNER.—The term ‘‘owner’’ has the mean5 ing given the term in section 8(f) of the United 

6 States Housing Act of 1937 (42 U.S.C. 1437f(f)). 

7 (6) PUBLIC HOUSING; PUBLIC HOUSING AGEN8 CY.—The terms ‘‘public housing’’ and ‘‘public hous9 ing agency’’ have the meanings given those terms in 

10 section 3(b) of the United States Housing Act of 

11 1937 (42 U.S.C. 1437a(b)). 

12 (7) RESIDENTIAL MORTGAGE LOAN.—The term 

13 ‘‘residential mortgage loan’’ includes any loan that is 

14 secured by a first or subordinate lien on residential 

15 real property, including individual units of con16 dominiums and cooperatives, designed principally for 

17 the occupancy of from 1- to 4- families. 

18 (b) UNIFORM STATEMENT.— 

19 (1) DEVELOPMENT.—The Director, after con20 sultation with the Election Assistance Commission, 

21 shall develop a uniform statement designed to pro22 vide recipients of the statement pursuant to this sec23 tion with information on how the recipient can reg24 ister to vote and the voting rights of the recipient 

25 under law. 


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1 (2) RESPONSIBILITIES.—In developing the uni2 form statement, the Director shall be responsible 

3 for— 

4 (A) establishing the format of the state5 ment; 

6 (B) consumer research and testing of the 

7 statement; and 

8 (C) consulting with and obtaining from the 

9 Election Assistance Commission the content re10 garding voter rights and registration issues 

11 needed to ensure the statement complies with 

12 the requirements of paragraph (1). 

13 (3) LANGUAGES.— 

14 (A) IN GENERAL.—The uniform statement 

15 required under paragraph (1) shall be developed 

16 and made available in English and in each of 

17 the 10 languages most commonly spoken by in18 dividuals with limited English proficiency, as 

19 determined by the Director using information 

20 published by the Director of the Bureau of the 

21 Census. 

22 (B) PUBLICATION.—The Director shall 

23 make all translated versions of the uniform 

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1 licly available in a centralized location on the 

2 website of the Bureau. 

3 (c) LEASES AND VOUCHERS FOR FEDERALLY AS4 SISTED RENTAL HOUSING.—Each Federal agency admin5 istering a Federal rental assistance program shall re6 quire— 

7 (1) each public housing agency to provide a 

8 copy of the uniform statement developed pursuant to 

9 subsection (b) to each lessee of a dwelling unit in 

10 public housing administered by the agency— 

11 (A) together with the lease for the dwelling 

12 unit, at the same time the lease is signed by the 

13 lessee; and 

14 (B) together with any income verification 

15 form, at the same time the form is provided to 

16 the lessee; 

17 (2) each public housing agency that administers 

18 rental assistance under the Housing Choice Voucher 

19 program under section 8(o) of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437f(o)), includ21 ing the program under paragraph (13) of such sec22 tion 8(o), to provide a copy of the uniform statement 

23 developed pursuant to subsection (b) to each assisted 

24 family or individual— 


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1 (A) together with the voucher for the as2 sistance, at the time the voucher is issued for 

3 the family or individual; and 

4 (B) together with any income verification 

5 form, at the time the voucher is provided to the 

6 applicant or assisted family or individual; and 

7 (3) each owner of a dwelling unit assisted with 

8 Federal rental assistance to provide a copy of the 

9 uniform statement developed pursuant to subsection 

10 (b) to the lessee of the dwelling unit— 

11 (A) together with the lease for such dwell12 ing unit, at the same time the lease is signed 

13 by the lessee; and 

14 (B) together with any income verification 

15 form, at the same time the form is provided to 

16 the applicant or tenant. 

17 (d) APPLICATIONS FOR RESIDENTIAL MORTGAGE

18 LOANS.—The Director shall require each creditor (within 

19 the meaning of such term as used in section 1026.2(a)(17) 

20 of title 12, Code of Federal Regulations) that receives an 

21 application (within the meaning of such term as used in 

22 section 1026.2(a)(3)(ii) of title 12, Code of Federal Regu23 lations) to provide a copy of the uniform statement devel24 oped pursuant to subsection (b) in written form to the 


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1 applicant for the residential mortgage loan not later than 

2 5 business days after the date of the application. 

3 (e) FEDERALLY BACKED MULTIFAMILY MORTGAGE

4 LOANS.—The head of the Federal agency insuring, guar5 anteeing, supplementing, or assisting a Federally backed 

6 multifamily mortgage loan, or the Director of the Federal 

7 Housing Finance Agency in the case of a Federally backed 

8 multifamily mortgage loan that is purchased or securitized 

9 by the Federal Home Loan Mortgage Corporation or the 

10 Federal National Mortgage Association, shall require the 

11 owner of the property secured by the Federally backed 

12 multifamily mortgage loan to provide a copy of the uni13 form statement developed pursuant to subsection (b) in 

14 written form to each lessee of a dwelling unit assisted by 

15 that loan at the time the lease is signed by the lessee. 

16 (f) OPTIONAL COMPLETION OF VOTER REGISTRA17 TION.—Nothing in this section may be construed to re18 quire any individual to complete a voter registration form. 

19 (g) REGULATIONS.—The head of a Federal agency 

20 administering a Federal rental assistance program, the 

21 head of the Federal agency insuring, guaranteeing, 

22 supplementing, or assisting a Federally backed multi23 family mortgage loan, the Director of the Federal Housing 

24 Finance Agency, and the Director may issue such regula25 tions as may be necessary to carry out this section. 


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1 SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLI2 CATIONS FROM INDIVIDUALS UNDER 18 

3 YEARS OF AGE. 

4 (a) ACCEPTANCE OF APPLICATIONS.—Section 8 of 

5 the National Voter Registration Act of 1993 (52 U.S.C. 

6 20507), as amended by section 1024, is amended— 

7 (1) by redesignating subsection (k) as sub8 section (l); and 

9 (2) by inserting after subsection (j) the fol10 lowing new subsection: 

11 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID12 UALS UNDER 18 YEARS OF AGE.— 

13 ‘‘(1) IN GENERAL.—A State may not refuse to 

14 accept or process an individual’s application to reg15 ister to vote in elections for Federal office on the 

16 grounds that the individual is under 18 years of age 

17 at the time the individual submits the application, so 

18 long as the individual is at least 16 years of age at 

19 such time. 

20 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE21 QUIREMENTS.—Nothing in paragraph (1) may be 

22 construed to require a State to permit an individual 

23 who is under 18 years of age at the time of an elec24 tion for Federal office to vote in the election.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to elections occur3 ring on or after January 1, 2022. 

4 SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPER5 ATE VOTER PRIVACY PROGRAMS. 

6 (a) IN GENERAL.—Title III of the Help America 

7 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

8 by section 1031(a), is amended— 

9 (1) by redesignating sections 305 and 306 as 

10 sections 306 and 307, respectively; and 

11 (2) by inserting after section 304 the following 

12 new section: 

13 ‘‘SEC. 305. VOTER PRIVACY PROGRAMS. 

14 ‘‘(a) IN GENERAL.—Each State shall establish and 

15 operate a privacy program to enable victims of domestic 

16 violence, dating violence, stalking, sexual assault, and traf17 ficking to have personally identifiable information that 

18 State or local election officials maintain with respect to 

19 an individual voter registration status for purposes of elec20 tions for Federal office in the State, including addresses, 

21 be kept confidential. 

22 ‘‘(b) NOTICE.—Each State shall notify residents of 

23 that State of the information that State and local election 

24 officials maintain with respect to an individual voter reg25 istration status for purposes of elections for Federal office 


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1 in the State, how that information is shared or sold and 

2 with whom, what information is automatically kept con3 fidential, what information is needed to access voter infor4 mation online, and the privacy programs that are avail5 able. 

6 ‘‘(c) PUBLIC AVAILABILITY.—Each State shall make 

7 information about the program established under sub8 section (a) available on a publicly accessible website. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) The terms ‘domestic violence’, ‘stalking’, 

11 ‘sexual assault’, and ‘dating violence’ have the mean12 ings given such terms in section 40002 of the Vio13 lence Against Women Act of 1994 (34 U.S.C. 

14 12291). 

15 ‘‘(2) The term ‘trafficking’ means an act or 

16 practice described in paragraph (11) or (12) of sec17 tion 103 of the Trafficking Victims Protection Act 

18 of 2000 (22 U.S.C. 7102). 

19 ‘‘(e) EFFECTIVE DATE.—Each State and jurisdiction 

20 shall be required to comply with the requirements of this 

21 section on and after January 1, 2023.’’. 

22 (b) CLERICAL AMENDMENTS.—The table of contents 

23 of such Act, as amended by section 1031(c), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 305 and 306 as relating to sections 306 and 

3 307, respectively; and 

4 (2) by inserting after the item relating to sec5 tion 304 the following new item: 

‘‘Sec. 305. Voter privacy programs.’’. 

6 PART 6—FUNDING SUPPORT TO STATES FOR 

7 COMPLIANCE 

8 SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS 

9 UNDER HAVA TO COVER COSTS OF COMPLI10 ANCE WITH NEW REQUIREMENTS. 

11 (a) IN GENERAL.—Section 251(b) of the Help Amer12 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

13 (1) in paragraph (1), by striking ‘‘as provided 

14 in paragraphs (2) and (3)’’ and inserting ‘‘as other15 wise provided in this subsection’’; and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI19 TIES.—Notwithstanding paragraph (3), a State may 

20 use a requirements payment to carry out any of the 

21 requirements of the Voter Registration Moderniza22 tion Act of 2021, including the requirements of the 

23 National Voter Registration Act of 1993 which are 

24 imposed pursuant to the amendments made to such 


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1 Act by the Voter Registration Modernization Act of 

2 2021.’’. 

3 (b) CONFORMING AMENDMENT.—Section 254(a)(1) 

4 of such Act (52 U.S.C. 21004(a)(1)) is amended by strik5 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

6 251(b)(2)’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply with respect to fiscal year 2022 

9 and each succeeding fiscal year. 

10 Subtitle B—Access to Voting for 

11 Individuals With Disabilities 

12 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC13 CESS TO VOTER REGISTRATION AND VOTING 

14 FOR INDIVIDUALS WITH DISABILITIES. 

15 (a) REQUIREMENTS.—Subtitle A of title III of the 

16 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

17 as amended by section 1031(a) and section 1044(a), is 

18 amended— 

19 (1) by redesignating sections 306 and 307 as 

20 sections 307 and 308, respectively; and 

21 (2) by inserting after section 305 the following 

22 new section: 


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1 ‘‘SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING 

2 FOR INDIVIDUALS WITH DISABILITIES. 

3 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL4 LOTS.—Each State shall— 

5 ‘‘(1) ensure that absentee registration forms, 

6 absentee ballot applications, and absentee ballots 

7 that are available electronically are accessible (as de8 fined in section 307); 

9 ‘‘(2) permit individuals with disabilities to use 

10 absentee registration procedures and to vote by ab11 sentee ballot in elections for Federal office; 

12 ‘‘(3) accept and process, with respect to any 

13 election for Federal office, any otherwise valid voter 

14 registration application and absentee ballot applica15 tion from an individual with a disability if the appli16 cation is received by the appropriate State election 

17 official within the deadline for the election which is 

18 applicable under Federal law; 

19 ‘‘(4) in addition to any other method of reg20 istering to vote or applying for an absentee ballot in 

21 the State, establish procedures— 

22 ‘‘(A) for individuals with disabilities to re23 quest by mail and electronically voter registra24 tion applications and absentee ballot applica25 tions with respect to elections for Federal office 

26 in accordance with subsection (c); 


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1 ‘‘(B) for States to send by mail and elec2 tronically (in accordance with the preferred 

3 method of transmission designated by the indi4 vidual under subparagraph (C)) voter registra5 tion applications and absentee ballot applica6 tions requested under subparagraph (A) in ac7 cordance with subsection (c)); and 

8 ‘‘(C) by which such an individual can des9 ignate whether the individual prefers that such 

10 voter registration application or absentee ballot 

11 application be transmitted by mail or electroni12 cally; 

13 ‘‘(5) in addition to any other method of trans14 mitting blank absentee ballots in the State, establish 

15 procedures for transmitting by mail and electroni16 cally blank absentee ballots to individuals with dis17 abilities with respect to elections for Federal office 

18 in accordance with subsection (d); and 

19 ‘‘(6) if the State declares or otherwise holds a 

20 runoff election for Federal office, establish a written 

21 plan that provides absentee ballots are made avail22 able to individuals with disabilities in a manner that 

23 gives them sufficient time to vote in the runoff elec24 tion. 


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1 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO

2 PROVIDE INFORMATION ON REGISTRATION AND ABSEN3 TEE BALLOT PROCEDURES FOR VOTERS WITH DISABIL4 ITIES IN STATE.— 

5 ‘‘(1) IN GENERAL.—Each State shall designate 

6 a single office which shall be responsible for pro7 viding information regarding voter registration pro8 cedures, absentee ballot procedures, and in-person 

9 voting procedures to be used by individuals with dis10 abilities with respect to elections for Federal office 

11 to all individuals with disabilities who wish to reg12 ister to vote or vote in any jurisdiction in the State. 

13 ‘‘(2) RESPONSIBILITIES.—Each State shall, 

14 through the office designated in paragraph (1)— 

15 ‘‘(A) provide information to election offi16 cials— 

17 ‘‘(i) on how to set up and operate ac18 cessible voting systems; and 

19 ‘‘(ii) regarding the accessibility of vot20 ing procedures, including guidance on com21 patibility with assistive technologies such 

22 as screen readers and ballot marking de23 vices; 

24 ‘‘(B) integrate information on accessibility, 

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1 uals into regular training materials for poll 

2 workers and election administration officials; 

3 ‘‘(C) train poll workers on how to make 

4 polling places accessible for individuals with dis5 abilities and older individuals; 

6 ‘‘(D) promote the hiring of individuals with 

7 disabilities and older individuals as poll workers 

8 and election staff; and 

9 ‘‘(E) publicly post the results of any audits 

10 to determine the accessibility of polling places 

11 no later than 6 months after the completion of 

12 the audit. 

13 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM14 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

15 REQUEST AND FOR STATES TO SEND VOTER REGISTRA16 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA17 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

18 INFORMATION.— 

19 ‘‘(1) IN GENERAL.—Each State shall, in addi20 tion to the designation of a single State office under 

21 subsection (b), designate not less than 1 means of 

22 accessible electronic communication— 

23 ‘‘(A) for use by individuals with disabilities 

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1 tion applications and absentee ballot applica2 tions under subsection (a)(4); 

3 ‘‘(B) for use by States to send voter reg4 istration applications and absentee ballot appli5 cations requested under such subsection; and 

6 ‘‘(C) for the purpose of providing related 

7 voting, balloting, and election information to in8 dividuals with disabilities. 

9 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

10 MULTIPLE MEANS OF ELECTRONIC COMMUNICA11 TION.—A State may, in addition to the means of 

12 electronic communication so designated, provide 

13 multiple means of electronic communication to indi14 viduals with disabilities, including a means of elec15 tronic communication for the appropriate jurisdic16 tion of the State. 

17 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

18 ELECTRONIC COMMUNICATION WITH INFORMA19 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC20 COMPANY BALLOTING MATERIALS.—Each State shall 

21 include a means of electronic communication so des22 ignated with all informational and instructional ma23 terials that accompany balloting materials sent by 

24 the State to individuals with disabilities. 


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1 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI2 CATED.—In the case where an individual with a dis3 ability does not designate a preference under sub4 section (a)(4)(C), the State shall transmit the voter 

5 registration application or absentee ballot application 

6 by any delivery method allowable in accordance with 

7 applicable State law, or if there is no applicable 

8 State law, by mail. 

9 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

10 BY MAIL AND ELECTRONICALLY.— 

11 ‘‘(1) IN GENERAL.—Each State shall establish 

12 procedures— 

13 ‘‘(A) to securely transmit blank absentee 

14 ballots by mail and electronically (in accordance 

15 with the preferred method of transmission des16 ignated by the individual with a disability under 

17 subparagraph (B)) to individuals with disabil18 ities for an election for Federal office; and 

19 ‘‘(B) by which the individual with a dis20 ability can designate whether the individual pre21 fers that such blank absentee ballot be trans22 mitted by mail or electronically. 

23 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI24 CATED.—In the case where an individual with a dis25 ability does not designate a preference under paraVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 graph (1)(B), the State shall transmit the ballot by 

2 any delivery method allowable in accordance with ap3 plicable State law, or if there is no applicable State 

4 law, by mail. 

5 ‘‘(3) APPLICATION OF METHODS TO TRACK DE6 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

7 REQUESTING BALLOT.—Under the procedures estab8 lished under paragraph (1), the State shall apply 

9 such methods as the State considers appropriate, 

10 such as assigning a unique identifier to the ballot 

11 envelope, to ensure that if an individual with a dis12 ability requests the State to transmit a blank absen13 tee ballot to the individual in accordance with this 

14 subsection, the voted absentee ballot which is re15 turned by the individual is the same blank absentee 

16 ballot which the State transmitted to the individual. 

17 ‘‘(e) INDIVIDUAL WITH A DISABILITY DEFINED.—In 

18 this section, an ‘individual with a disability’ means an in19 dividual with an impairment that substantially limits any 

20 major life activities and who is otherwise qualified to vote 

21 in elections for Federal office. 

22 ‘‘(f) EFFECTIVE DATE.—This section shall apply 

23 with respect to elections for Federal office held on or after 

24 January 1, 2022.’’. 


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1 (b) CONFORMING AMENDMENT RELATING TO

2 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS3 SISTANCE COMMISSION.— 

4 (1) TIMING OF ISSUANCE.—Section 311(b) of 

5 such Act (52 U.S.C. 21101(b)) is amended— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (2); 

8 (B) by striking the period at the end of 

9 paragraph (3) and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(4) in the case of the recommendations with 

13 respect to section 306, January 1, 2022.’’. 

14 (2) REDESIGNATION.— 

15 (A) IN GENERAL.—Title III of such Act 

16 (52 U.S.C. 21081 et seq.) is amended by redes17 ignating sections 311 and 312 as sections 321 

18 and 322, respectively. 

19 (B) CONFORMING AMENDMENT.—Section 

20 322(a) of such Act, as redesignated by subpara21 graph (A), is amended by striking ‘‘section 

22 312’’ and inserting ‘‘section 322’’. 

23 (c) CLERICAL AMENDMENTS.—The table of contents 

24 of such Act, as amended by section 1031(c) and section 

25 1044(b), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 306 and 307 as relating to sections 307 and 

3 308, respectively; and 

4 (2) by inserting after the item relating to sec5 tion 305 the following new item: 

‘‘Sec. 306. Access to voter registration and voting for individuals with disabilities.’’. 

6 SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE 

7 ACCESSIBLE ELECTION WEBSITES. 

8 (a) IN GENERAL.—Subtitle A of title III of the Help 

9 America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 

10 amended by section 1031(a), section 1044(a), and section 

11 1101(a), is amended— 

12 (1) by redesignating sections 307 and 308 as 

13 sections 308 and 309, respectively; and 

14 (2) by inserting after section 306 the following: 

15 ‘‘SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCES16 SIBLE ELECTION WEBSITES. 

17 ‘‘(a) IN GENERAL.—Not later than January 1, 2023, 

18 each State shall establish a single election website that is 

19 accessible and meets the following requirements: 

20 ‘‘(1) LOCAL ELECTION OFFICIALS.—The 

21 website shall provide local election officials, poll 

22 workers, and volunteers with— 

23 ‘‘(A) guidance to ensure that polling places 

24 are accessible for individuals with disabilities 


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1 and older individuals in a manner that provides 

2 the same opportunity for access and participa3 tion (including privacy and independence) as for 

4 other voters; and 

5 ‘‘(B) online training and resources on— 

6 ‘‘(i) how best to promote the access 

7 and participation of individuals with dis8 abilities and older individuals in elections 

9 for public office; and 

10 ‘‘(ii) the voting rights and protections 

11 for individuals with disabilities and older 

12 individuals under State and Federal law. 

13 ‘‘(2) VOTERS.—The website shall provide infor14 mation about voting, including— 

15 ‘‘(A) the accessibility of all polling places 

16 within the State, including outreach programs 

17 to inform individuals about the availability of 

18 accessible polling places; 

19 ‘‘(B) how to register to vote and confirm 

20 voter registration in the State; 

21 ‘‘(C) the location and operating hours of 

22 all polling places in the State; 

23 ‘‘(D) the availability of aid or assistance 

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1 vides the same opportunity for access and par2 ticipation (including privacy and independence) 

3 as for other voters at polling places; 

4 ‘‘(E) the availability of transportation aid 

5 or assistance to the polling place for individuals 

6 with disabilities or older individuals; 

7 ‘‘(F) the rights and protections under 

8 State and Federal law for individuals with dis9 abilities and older individuals to participate in 

10 elections; and 

11 ‘‘(G) how to contact State, local, and Fed12 eral officials with complaints or grievances if in13 dividuals with disabilities, older individuals, Na14 tive Americans, Alaska Natives, and individuals 

15 with limited proficiency in the English language 

16 feel their ability to register to vote or vote has 

17 been blocked or delayed. 

18 ‘‘(b) PARTNERSHIP WITH OUTSIDE TECHNICAL OR19 GANIZATION.—The chief State election official of each 

20 State, through the committee of appropriate individuals 

21 under subsection (c)(2), shall partner with an outside 

22 technical organization with demonstrated experience in es23 tablishing accessible and easy to use accessible election 

24 websites to— 


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1 ‘‘(1) update an existing election website to 

2 make it fully accessible in accordance with this sec3 tion; or 

4 ‘‘(2) develop an election website that is fully ac5 cessible in accordance with this section. 

6 ‘‘(c) STATE PLAN.— 

7 ‘‘(1) DEVELOPMENT.—The chief State election 

8 official of each State shall, through a committee of 

9 appropriate individuals as described in paragraph 

10 (2), develop a State plan that describes how the 

11 State and local governments will meet the require12 ments under this section. 

13 ‘‘(2) COMMITTEE MEMBERSHIP.—The com14 mittee shall comprise at least the following individ15 uals: 

16 ‘‘(A) The chief election officials of the four 

17 most populous jurisdictions within the State. 

18 ‘‘(B) The chief election officials of the four 

19 least populous jurisdictions within the State. 

20 ‘‘(C) Representatives from two disability 

21 advocacy groups, including at least one such 

22 representative who is an individual with a dis23 ability. 


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1 ‘‘(D) Representatives from two older indi2 vidual advocacy groups, including at least one 

3 such representative who is an older individual. 

4 ‘‘(E) Representatives from two inde5 pendent non-governmental organizations with 

6 expertise in establishing and maintaining acces7 sible websites. 

8 ‘‘(F) Representatives from two inde9 pendent non-governmental voting rights organi10 zations. 

11 ‘‘(G) Representatives from State protection 

12 and advocacy systems as defined in section 102 

13 of the Developmental Disabilities Assistance 

14 and Bill of Rights Act of 2000 (42 U.S.C. 

15 15002). 

16 ‘‘(d) PARTNERSHIP TO MONITOR AND VERIFY AC17 CESSIBILITY.—The chief State election official of each eli18 gible State, through the committee of appropriate individ19 uals under subsection (c)(2), shall partner with at least 

20 two of the following organizations to monitor and verify 

21 the accessibility of the election website and the complete22 ness of the election information and the accuracy of the 

23 disability information provided on such website: 

24 ‘‘(1) University Centers for Excellence in Devel25 opmental Disabilities Education, Research, and 


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1 Services designated under section 151(a) of the De2 velopmental Disabilities Assistance and Bill of 

3 Rights Act of 2000 (42 U.S.C. 15061(a)). 

4 ‘‘(2) Centers for Independent Living, as de5 scribed in part C of title VII of the Rehabilitation 

6 Act of 1973 (29 U.S.C. 796f et seq.). 

7 ‘‘(3) A State Council on Developmental Disabil8 ities described in section 125 of the Developmental 

9 Disabilities Assistance and Bill of Rights Act of 

10 2000 (42 U.S.C. 15025). 

11 ‘‘(4) State protection and advocacy systems as 

12 defined in section 102 of the Developmental Disabil13 ities Assistance and Bill of Rights Act of 2000 (42 

14 U.S.C. 15002). 

15 ‘‘(5) Statewide Independent Living Councils es16 tablished under section 705 of the Rehabilitation Act 

17 of 1973 (29 U.S.C. 796d). 

18 ‘‘(6) State Assistive Technology Act Programs. 

19 ‘‘(7) A visual access advocacy organization. 

20 ‘‘(8) An organization for the deaf. 

21 ‘‘(9) A mental health organization. 

22 ‘‘(e) DEFINITIONS.—For purposes of this section, 

23 section 305, and section 307: 

24 ‘‘(1) ACCESSIBLE.—The term ‘accessible’ 

25 means— 


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1 ‘‘(A) in the case of the election website 

2 under subsection (a) or an electronic commu3 nication under section 305— 

4 ‘‘(i) that the functions and content of 

5 the website or electronic communication, 

6 including all text, visual, and aural con7 tent, are as accessible to people with dis8 abilities as to those without disabilities; 

9 ‘‘(ii) that the functions and content of 

10 the website or electronic communication 

11 are accessible to individuals with limited 

12 proficiency in the English language; and 

13 ‘‘(iii) that the website or electronic 

14 communication meets, at a minimum, con15 formance to Level AA of the Web Content 

16 Accessibility Guidelines 2.0 of the Web Ac17 cessibility Initiative (or any successor 

18 guidelines); and 

19 ‘‘(B) in the case of a facility (including a 

20 polling place), that the facility is readily acces21 sible to and usable by individuals with disabil22 ities and older individuals, as determined under 

23 the 2010 ADA Standards for Accessible Design 

24 adopted by the Department of Justice (or any 

25 successor standards). 


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1 ‘‘(2) INDIVIDUAL WITH A DISABILITY.—The 

2 term ‘individual with a disability’ means an indi3 vidual with a disability, as defined in section 3 of the 

4 Americans with Disabilities Act of 1990 (42 U.S.C. 

5 12102), and who is otherwise qualified to vote in 

6 elections for Federal office. 

7 ‘‘(3) OLDER INDIVIDUAL.—The term ‘older in8 dividual’ means an individual who is 60 years of age 

9 or older and who is otherwise qualified to vote in 

10 elections for Federal office.’’. 

11 (b) VOLUNTARY GUIDANCE.—Section 321(b)(4) such 

12 Act (52 U.S.C. 21101(b)), as added and redesignated by 

13 section 1101(b), is amended by striking ‘‘section 306’’ and 

14 inserting ‘‘sections 306 and 307’’. 

15 (c) CLERICAL AMENDMENTS.—The table of contents 

16 of such Act, as amended by section 1031(c), section 

17 1044(b), and section 1101(c), is amended— 

18 (1) by redesignating the items relating to sec19 tions 307 and 308 as relating to sections 308 and 

20 309, respectively; and 

21 (2) by inserting after the item relating to sec22 tion 306 the following new item: 

‘‘Sec. 307. Establishment and maintenance of accessible election websites.’’. 


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1 SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR IN2 DIVIDUALS WITH DISABILITIES AND OLDER 

3 INDIVIDUALS. 

4 (a) REQUIREMENT.— 

5 (1) IN GENERAL.—Subtitle A of title III of the 

6 Help America Vote Act of 2002 (52 U.S.C. 21081 

7 et seq.), as amended by section 1031(a), section 

8 1044(a), section 1101(a), and section 1102(a), is 

9 amended— 

10 (A) by redesignating sections 308 and 309 

11 as sections 309 and 310, respectively; and 

12 (B) by inserting after section 307 the fol13 lowing: 

14 ‘‘SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DIS15 ABILITIES AND OLDER INDIVIDUALS. 

16 ‘‘(a) IN GENERAL.—Each State shall— 

17 ‘‘(1) ensure all polling places within the State 

18 are accessible, as defined in section 306; 

19 ‘‘(2) consider procedures to address long wait 

20 times at polling places that allow individuals with 

21 disabilities and older individuals alternate options to 

22 cast a ballot in person in an election for Federal of23 fice, such as the option to cast a ballot outside of 

24 the polling place or from a vehicle, or providing an 

25 expedited voting line; and 


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1 ‘‘(3) consider options to establish ‘mobile poll2 ing sites’ to allow election officials or volunteers to 

3 travel to long-term care facilities and assist residents 

4 who request assistance in casting a ballot in order 

5 to maintain the privacy and independence of voters 

6 in these facilities. 

7 ‘‘(b) CLARIFICATION.—Nothing in this section may 

8 be construed to alter the requirements under Federal law 

9 that all polling places for Federal elections are accessible 

10 to individuals with disabilities and older individuals. 

11 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

12 with respect to elections for Federal office held on or after 

13 January 1, 2024.’’. 

14 (2) VOLUNTARY GUIDANCE.—Section 321(b)(4) 

15 such Act (52 U.S.C. 21101(b)), as added and redes16 ignated by section 1101(b) and as amended by sec17 tion 1102(b), is amended by striking ‘‘and 307’’ and 

18 inserting ‘‘, 307, and 308’’. 

19 (3) CLERICAL AMENDMENTS.—The table of 

20 contents of such Act, as amended by section 

21 1031(c), section 1044(b), section 1101(c), and sec22 tion 1102(c), is amended— 

23 (A) by redesignating the items relating to 

24 sections 308 and 309 as relating to sections 

25 309 and 310, respectively; and 


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1 (B) by inserting after the item relating to 

2 section 307 the following new item: 

‘‘Sec. 308. Access to voting for individuals with disabilities and older individuals.’’. 

3 (b) REVISIONS TO VOTING ACCESSIBILITY FOR THE

4 ELDERLY AND HANDICAPPED ACT.— 

5 (1) REPORTS TO ELECTION ASSISTANCE COM6 MISSION.—Section 3(c) of the Voting Accessibility 

7 for the Elderly and Handicapped Act (52 U.S.C. 

8 20102(c)) is amended— 

9 (A) in the subsection heading, by striking 

10 ‘‘FEDERAL ELECTION COMMISSION’’ and in11 serting ‘‘ELECTION ASSISTANCE COMMISSION’’; 

12 (B) in each of paragraphs (1) and (2), by 

13 striking ‘‘Federal Election Commission’’ and in14 serting ‘‘Election Assistance Commission’’; and 

15 (C) by striking paragraph (3). 

16 (2) CONFORMING AMENDMENTS RELATING TO

17 REFERENCES.—The Voting Accessibility for the El18 derly and Handicapped Act (52 U.S.C. 20101 et 

19 seq.), as amended by paragraph (1), is amended— 

20 (A) by striking ‘‘handicapped and elderly 

21 individuals’’ each place it appears and inserting 

22 ‘‘individuals with disabilities and older individ23 uals’’; 


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1 (B) by striking ‘‘handicapped and elderly 

2 voters’’ each place it appears and inserting ‘‘in3 dividuals with disabilities and older individ4 uals’’; 

5 (C) in section 3(b)(2)(B), by striking 

6 ‘‘handicapped or elderly voter’’ and inserting 

7 ‘‘individual with a disability or older indi8 vidual’’; 

9 (D) in section 5(b), by striking ‘‘handi10 capped voter’’ and inserting ‘‘individual with a 

11 disability’’; and 

12 (E) in section 8— 

13 (i) by striking paragraphs (1) and (2) 

14 and inserting the following: 

15 ‘‘(1) ‘accessible’ has the meaning given that 

16 term in section 307 of the Help America Vote Act 

17 of 2002, as added by section 1102(a) of the Free18 dom to Vote Act; 

19 ‘‘(2) ‘older individual’ has the meaning given 

20 that term in such section 307;’’; and 

21 (ii) by striking paragraph (4), and in22 serting the following: 

23 ‘‘(4) ‘individual with a disability’ has the mean24 ing given that term in such section 306; and’’. 

25 (3) SHORT TITLE AMENDMENT.— 


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1 (A) IN GENERAL.—Section 1 of the ‘‘Vot2 ing Accessibility for the Elderly and Handi3 capped Act’’ (Public Law 98–435; 42 U.S.C. 

4 1973ee note) is amended by striking ‘‘for the 

5 Elderly and Handicapped’’ and inserting ‘‘for 

6 Individuals with Disabilities and Older Individ7 uals’’. 

8 (B) REFERENCES.—Any reference in any 

9 other provision of law, regulation, document, 

10 paper, or other record of the United States to 

11 the ‘‘Voting Accessibility for the Elderly and 

12 Handicapped Act’’ shall be deemed to be a ref13 erence to the ‘‘Voting Accessibility for Individ14 uals with Disabilities and Older Individuals 

15 Act’’. 

16 (4) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall take effect on January 1, 

18 2024, and apply to with respect to elections for Fed19 eral office held on or after that date. 

20 SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 

21 GUARDIANSHIP. 

22 (a) IN GENERAL.—Subtitle A of title III of the Help 

23 America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 

24 amended by section 1031(a), section 1044(a), section 


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1 1101(a), section 1102(a), and section 1103(a)(1), is 

2 amended— 

3 (1) by redesignating sections 309 and 310 as 

4 sections 310 and 311, respectively; and 

5 (2) by inserting after section 308 the following: 

6 ‘‘SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 

7 GUARDIANSHIP. 

8 ‘‘(a) IN GENERAL.—A State shall not determine that 

9 an individual lacks the capacity to vote in an election for 

10 Federal office on the ground that the individual is subject 

11 to guardianship, unless a court of competent jurisdiction 

12 issues a court order finding by clear and convincing evi13 dence that the individual cannot communicate, with or 

14 without accommodations, a desire to participate in the vot15 ing process. 

16 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

17 with respect to elections for Federal office held on or after 

18 January 1, 2022.’’. 

19 (b) VOLUNTARY GUIDANCE.—Section 321(b)(4) such 

20 Act (52 U.S.C. 21101(b)), as added and redesignated by 

21 section 1101(b) and as amended by sections 1102 and 

22 1103, is amended by striking ‘‘and 308’’ and inserting 

23 ‘‘308, and 309’’. 

24 (c) CLERICAL AMENDMENTS.—The table of contents 

25 of such Act, as amended by section 1031(c), section 


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1 1044(b), section 1101(c), section 1102(c), and section 

2 1103(a)(3), is amended— 

3 (1) by redesignating the items relating to sec4 tions 309 and 310 as relating to sections 310 and 

5 311, respectively; and 

6 (2) by inserting after the item relating to sec7 tion 308 the following new item: 

‘‘Sec. 309. Protections for individuals subject to guardianship.’’. 

8 SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT 

9 PROGRAM TO ASSURE VOTING ACCESS FOR 

10 INDIVIDUALS WITH DISABILITIES. 

11 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

13 amended by striking paragraphs (1) and (2) and inserting 

14 the following: 

15 ‘‘(1) making absentee voting and voting at 

16 home accessible to individuals with the full range of 

17 disabilities (including impairments involving vision, 

18 hearing, mobility, or dexterity) through the imple19 mentation of accessible absentee voting systems that 

20 work in conjunction with assistive technologies for 

21 which individuals have access at their homes, inde22 pendent living centers, or other facilities; 

23 ‘‘(2) making polling places, including the path 

24 of travel, entrances, exits, and voting areas of each 

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1 ities, including the blind and visually impaired, in a 

2 manner that provides the same opportunity for ac3 cess and participation (including privacy and inde4 pendence) as for other voters; and 

5 ‘‘(3) providing solutions to problems of access 

6 to voting and elections for individuals with disabil7 ities that are universally designed and provide the 

8 same opportunities for individuals with and without 

9 disabilities.’’. 

10 (b) REAUTHORIZATION.—Section 264(a) of such Act 

11 (52 U.S.C. 21024(a)) is amended by adding at the end 

12 the following new paragraph: 

13 ‘‘(4) For fiscal year 2022 and each succeeding 

14 fiscal year, such sums as may be necessary to carry 

15 out this part.’’. 

16 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

17 264 of such Act (52 U.S.C. 21024) is amended— 

18 (1) in subsection (b), by striking ‘‘Any 

19 amounts’’ and inserting ‘‘Except as provided in sub20 section (b), any amounts’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

24 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND25 ITURE.—In the case of any amounts appropriated 


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1 pursuant to the authority of subsection (a) for a 

2 payment to a State or unit of local government for 

3 fiscal year 2022 or any succeeding fiscal year, any 

4 portion of such amounts which have not been obli5 gated or expended by the State or unit of local gov6 ernment prior to the expiration of the 4-year period 

7 which begins on the date the State or unit of local 

8 government first received the amounts shall be 

9 transferred to the Commission. 

10 ‘‘(2) REALLOCATION OF TRANSFERRED

11 AMOUNTS.— 

12 ‘‘(A) IN GENERAL.—The Commission shall 

13 use the amounts transferred under paragraph 

14 (1) to make payments on a pro rata basis to 

15 each covered payment recipient described in 

16 subparagraph (B), which may obligate and ex17 pend such payment for the purposes described 

18 in section 261(b) during the 1-year period 

19 which begins on the date of receipt. 

20 ‘‘(B) COVERED PAYMENT RECIPIENTS DE21 SCRIBED.—In subparagraph (A), a ‘covered 

22 payment recipient’ is a State or unit of local 

23 government with respect to which— 


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1 ‘‘(i) amounts were appropriated pur2 suant to the authority of subsection (a); 

3 and 

4 ‘‘(ii) no amounts were transferred to 

5 the Commission under paragraph (1).’’. 

6 SEC. 1106. FUNDING FOR PROTECTION AND ADVOCACY SYS7 TEMS. 

8 (a) INCLUSION OF SYSTEM SERVING AMERICAN IN9 DIAN CONSORTIUM.—Section 291(a) of the Help America 

10 Vote Act of 2002 (52 U.S.C. 21061(a)) is amended by 

11 striking ‘‘of each State’’ and inserting ‘‘of each State and 

12 the eligible system serving the American Indian consor13 tium (within the meaning of section 509(c)(1)(B) of the 

14 Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))’’. 

15 (b) GRANT AMOUNT.—Section 291(b) of the Help 

16 America Vote Act of 2002 (52 U.S.C. 21061(b)) is amend17 ed— 

18 (1) by striking ‘‘as set forth in subsections 

19 (c)(3)’’ and inserting ‘‘as set forth in subsections 

20 (c)(1)(B) (regardless of the fiscal year), (c)(3)’’; and 

21 (2) by striking ‘‘except that’’ and all that fol22 lows and inserting ‘‘except that the amount of the 

23 grants to systems referred to in subsection (c)(3)(B) 

24 of that section shall not be less than $70,000 and 

25 the amount of the grants to systems referred to in 


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1 subsections (c)(1)(B) and (c)(4)(B) of that section 

2 shall not be less than $35,000.’’. 

3 SEC. 1107. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

4 WITH DISABILITIES TO REGISTER TO VOTE 

5 PRIVATELY AND INDEPENDENTLY AT RESI6 DENCES. 

7 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

8 Election Assistance Commission (hereafter referred to as 

9 the ‘‘Commission’’) shall, subject to the availability of ap10 propriations to carry out this section, make grants to eligi11 ble States to conduct pilot programs under which individ12 uals with disabilities may use electronic means (including 

13 the internet and telephones utilizing assistive devices) to 

14 register to vote and to request and receive absentee ballots 

15 in a manner which permits such individuals to do so pri16 vately and independently at their own residences. 

17 (b) REPORTS.— 

18 (1) IN GENERAL.—A State receiving a grant for 

19 a year under this section shall submit a report to the 

20 Commission on the pilot programs the State carried 

21 out with the grant with respect to elections for pub22 lic office held in the State during the year. 

23 (2) DEADLINE.—A State shall submit a report 

24 under paragraph (1) not later than 90 days after 


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1 the last election for public office held in the State 

2 during the year. 

3 (c) ELIGIBILITY.—A State is eligible to receive a 

4 grant under this section if the State submits to the Com5 mission, at such time and in such form as the Commission 

6 may require, an application containing such information 

7 and assurances as the Commission may require. 

8 (d) TIMING.—The Commission shall make the first 

9 grants under this section for pilot programs which will be 

10 in effect with respect to elections for Federal office held 

11 in 2022, or, at the option of a State, with respect to other 

12 elections for public office held in the State in 2022. 

13 (e) STATE DEFINED.—In this section, the term 

14 ‘‘State’’ includes the District of Columbia, the Common15 wealth of Puerto Rico, Guam, American Samoa, the 

16 United States Virgin Islands, and the Commonwealth of 

17 the Northern Mariana Islands. 

18 SEC. 1108. GAO ANALYSIS AND REPORT ON VOTING ACCESS 

19 FOR INDIVIDUALS WITH DISABILITIES. 

20 (a) ANALYSIS.—The Comptroller General of the 

21 United States shall conduct an analysis after each regu22 larly scheduled general election for Federal office with re23 spect to the following: 

24 (1) In relation to polling places located in 

25 houses of worship or other facilities that may be exVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 empt from accessibility requirements under the 

2 Americans with Disabilities Act— 

3 (A) efforts to overcome accessibility chal4 lenges posed by such facilities; and 

5 (B) the extent to which such facilities are 

6 used as polling places in elections for Federal 

7 office. 

8 (2) Assistance provided by the Election Assist9 ance Commission, Department of Justice, or other 

10 Federal agencies to help State and local officials im11 prove voting access for individuals with disabilities 

12 during elections for Federal office. 

13 (3) When accessible voting machines are avail14 able at a polling place, the extent to which such ma15 chines— 

16 (A) are located in places that are difficult 

17 to access; 

18 (B) malfunction; or 

19 (C) fail to provide sufficient privacy to en20 sure that the ballot of the individual cannot be 

21 seen by another individual. 

22 (4) The process by which Federal, State, and 

23 local governments track compliance with accessibility 

24 requirements related to voting access, including 

25 methods to receive and address complaints. 


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1 (5) The extent to which poll workers receive 

2 training on how to assist individuals with disabil3 ities, including the receipt by such poll workers of 

4 information on legal requirements related to voting 

5 rights for individuals with disabilities. 

6 (6) The extent and effectiveness of training pro7 vided to poll workers on the operation of accessible 

8 voting machines. 

9 (7) The extent to which individuals with a de10 velopmental or psychiatric disability experience 

11 greater barriers to voting, and whether poll worker 

12 training adequately addresses the needs of such indi13 viduals. 

14 (8) The extent to which State or local govern15 ments employ, or attempt to employ, individuals 

16 with disabilities to work at polling sites. 

17 (b) REPORT.— 

18 (1) IN GENERAL.—Not later than 9 months 

19 after the date of a regularly scheduled general elec20 tion for Federal office, the Comptroller General shall 

21 submit to the appropriate congressional committees 

22 a report with respect to the most recent regularly 

23 scheduled general election for Federal office that 

24 contains the following: 


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1 (A) The analysis required by subsection 

2 (a). 

3 (B) Recommendations, as appropriate, to 

4 promote the use of best practices used by State 

5 and local officials to address barriers to accessi6 bility and privacy concerns for individuals with 

7 disabilities in elections for Federal office. 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—For purposes of this subsection, the term 

10 ‘‘appropriate congressional committees’’ means— 

11 (A) the Committee on House Administra12 tion of the House of Representatives; 

13 (B) the Committee on Rules and Adminis14 tration of the Senate; 

15 (C) the Committee on Appropriations of 

16 the House of Representatives; and 

17 (D) the Committee on Appropriations of 

18 the Senate. 

19 Subtitle C—Early Voting 

20 SEC. 1201. EARLY VOTING. 

21 (a) REQUIREMENTS.—Subtitle A of title III of the 

22 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

23 as amended by section 1031(a), section 1044(a), section 

24 1101(a), section 1102(a), section 1103(a), and section 

25 1104(a), is amended— 


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1 (1) by redesignating sections 310 and 311 as 

2 sections 311 and 312, respectively; and 

3 (2) by inserting after section 309 the following 

4 new section: 

5 ‘‘SEC. 310. EARLY VOTING. 

6 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC7 TION.—Each State shall allow individuals to vote in an 

8 election for Federal office during an early voting period 

9 which occurs prior to the date of the election, in a manner 

10 that allows the individual to receive, complete, and cast 

11 their ballot in-person. 

12 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) LENGTH OF PERIOD.—The early vot15 ing period required under this subsection with 

16 respect to an election shall consist of a period 

17 of consecutive days (including weekends) which 

18 begins on the 15th day before the date of the 

19 election (or, at the option of the State, on a day 

20 prior to the 15th day before the date of the 

21 election) and ends no earlier than the second 

22 day before the date of the election. 

23 ‘‘(B) HOURS FOR EARLY VOTING.—Each 

24 polling place which allows voting during an 


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1 early voting period under subparagraph (A) 

2 shall— 

3 ‘‘(i) allow such voting for no less than 

4 10 hours on each day during the period; 

5 ‘‘(ii) have uniform hours each day for 

6 which such voting occurs; and 

7 ‘‘(iii) allow such voting to be held for 

8 some period of time prior to 9:00 a.m 

9 (local time) and some period of time after 

10 5:00 p.m. (local time). 

11 ‘‘(2) REQUIREMENTS FOR VOTE-BY-MAIL JURIS12 DICTIONS.—In the case of a jurisdiction that sends 

13 every registered voter a ballot by mail— 

14 ‘‘(A) paragraph (1) shall not apply; 

15 ‘‘(B) such jurisdiction shall allow eligible 

16 individuals to vote during an early voting period 

17 that ensures voters are provided the greatest 

18 opportunity to cast ballots ahead of election day 

19 and which includes at least one consecutive Sat20 urday and Sunday; and 

21 ‘‘(C) each polling place which allows voting 

22 during an early voting period under subpara23 graph (B) shall allow such voting— 

24 ‘‘(i) during the election office’s reg25 ular business hours; and 


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1 ‘‘(ii) for a period of not less than 8 

2 hours on Saturdays and Sundays included 

3 in the early voting period. 

4 ‘‘(3) REQUIREMENTS FOR SMALL JURISDIC5 TIONS.— 

6 ‘‘(A) IN GENERAL.—In the case of a juris7 diction described in subparagraph (B), para8 graph (1)(B) shall not apply so long as all eligi9 ble individuals in the jurisdiction have the op10 portunity to vote— 

11 ‘‘(i) at each polling place which allows 

12 voting during the early voting period de13 scribed in paragraph (1)(A)— 

14 ‘‘(I) during the election office’s 

15 regular business hours; and 

16 ‘‘(II) for a period of not less than 

17 8 hours on at least one Saturday and 

18 at least one Sunday included in the 

19 early voting period; or 

20 ‘‘(ii) at one or more polling places in 

21 the county in which such jurisdiction is lo22 cated that allows voting during the early 

23 voting period described in paragraph 

24 (1)(A) in accordance with the requirements 

25 under paragraph (1)(B). 


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1 ‘‘(B) JURISDICTION DESCRIBED.—A juris2 diction is described in this subparagraph if such 

3 jurisdiction— 

4 ‘‘(i) had less than 3,000 registered 

5 voters at the time of the most recent prior 

6 election for Federal office; and 

7 ‘‘(ii) consists of a geographic area 

8 that is smaller than the jurisdiction of the 

9 county in which such jurisdiction is lo10 cated. 

11 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection shall be construed— 

13 ‘‘(A) to limit the availability of additional 

14 temporary voting sites which provide voters 

15 more opportunities to cast their ballots but 

16 which do not meet the requirements of this sub17 section; 

18 ‘‘(B) to limit a polling place from being 

19 open for additional hours outside of the uniform 

20 hours set for the polling location on any day of 

21 the early voting period; or 

22 ‘‘(C) to limit a State or jurisdiction from 

23 offering early voting on the Monday before elec24 tion day. 

25 ‘‘(c) LOCATION OF POLLING PLACES.— 


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1 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR2 TATION.—To the greatest extent practicable, each 

3 State and jurisdiction shall ensure that each polling 

4 place which allows voting during an early voting pe5 riod under subsection (b) is located within walking 

6 distance of a stop on a public transportation route. 

7 ‘‘(2) AVAILABILITY IN RURAL AREAS.—In the 

8 case of a jurisdiction that includes a rural area, the 

9 State or jurisdiction shall— 

10 ‘‘(A) ensure that polling places which allow 

11 voting during an early voting period under sub12 section (b) will be located in such rural areas; 

13 and 

14 ‘‘(B) ensure that such polling places are lo15 cated in communities which will provide the 

16 greatest opportunity for residents of rural areas 

17 to vote during the early voting period. 

18 ‘‘(3) COLLEGE CAMPUSES.—In the case of a ju19 risdiction that includes an institution of higher edu20 cation, the State or jurisdiction shall— 

21 ‘‘(A) ensure that an appropriate number 

22 (not less than one) of polling places which allow 

23 voting during the early voting period under sub24 section (b) will be located on the campus of the 

25 institution of higher education; and 


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1 ‘‘(B) ensure that such polling places pro2 vide the greatest opportunity for residents of 

3 the jurisdiction to vote. 

4 ‘‘(d) STANDARDS.—Not later than June 30, 2022, 

5 the Commission shall issue voluntary standards for the ad6 ministration of voting during voting periods which occur 

7 prior to the date of a Federal election. Subject to sub8 section (c), such voluntary standards shall include the 

9 nondiscriminatory geographic placement of polling places 

10 at which such voting occurs. 

11 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE12 MENTS.— 

13 ‘‘(1) IN GENERAL.—Each State or jurisdiction 

14 shall begin processing and scanning ballots cast dur15 ing in-person early voting for tabulation not later 

16 than the date that is 14 days prior to the date of 

17 the election involved, except that a State or jurisdic18 tion may begin processing and scanning ballots cast 

19 during in-person early voting for tabulation after 

20 such date if the date on which the State or jurisdic21 tion begins such processing and scanning ensures, to 

22 the greatest extent practical, that ballots cast before 

23 the date of the election are processed and scanned 

24 before the date of the election. 


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1 ‘‘(2) LIMITATION.—Nothing in this subsection 

2 shall be construed— 

3 ‘‘(A) to permit a State or jurisdiction to 

4 tabulate ballots in an election before the closing 

5 of the polls on the date of the election unless 

6 such tabulation is a necessary component of 

7 preprocessing in the State or jurisdiction and is 

8 performed in accordance with existing State 

9 law; or 

10 ‘‘(B) to permit an official to make public 

11 any results of tabulation and processing before 

12 the closing of the polls on the date of the elec13 tion. 

14 ‘‘(f) EFFECTIVE DATE.—This section shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2022 and each succeeding 

17 election for Federal office.’’. 

18 (b) CONFORMING AMENDMENTS RELATING TO

19 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS20 SISTANCE COMMISSION.—Section 321(b) of such Act (52 

21 U.S.C. 21101(b)), as redesignated and amended by sec22 tion 1101(b), is amended— 

23 (1) by striking ‘‘and’’ at the end of paragraph 

24 (3); 


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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) except as provided in paragraph (4), in the 

6 case of the recommendations with respect to any sec7 tion added by the Freedom to Vote Act, June 30, 

8 2022.’’. 

9 (c) CLERICAL AMENDMENTS.—The table of contents 

10 of such Act, as amended by section 1031(c), section 

11 1044(b), section 1101(c), section 1102(c), section 

12 1103(a), and section 1104(c), is amended— 

13 (1) by redesignating the items relating to sec14 tions 310 and 311 as relating to sections 311 and 

15 312, respectively; and 

16 (2) by inserting after the item relating to sec17 tion 309 the following new item: 

‘‘Sec. 310. Early voting.’’. 

18 Subtitle D—Voting by Mail 

19 SEC. 1301. VOTING BY MAIL. 

20 (a) IN GENERAL.— 

21 (1) REQUIREMENTS.—Subtitle A of title III of 

22 the Help America Vote Act of 2002 (52 U.S.C. 

23 21081 et seq.), as amended by section 1031(a), sec24 tion 1044(a), section 1101(a), section 1102(a), secVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 tion 1103(a), section 1104(a), and section 1201(a), 

2 is amended— 

3 (A) by redesignating sections 311 and 312 

4 as sections 312 and 313, respectively; and 

5 (B) by inserting after section 310 the fol6 lowing new section: 

7 ‘‘SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY 

8 MAIL. 

9 ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING

10 TO ALL VOTERS.— 

11 ‘‘(1) IN GENERAL.—If an individual in a State 

12 is eligible to cast a vote in an election for Federal 

13 office, the State may not impose any additional con14 ditions or requirements on the eligibility of the indi15 vidual to cast the vote in such election by absentee 

16 ballot by mail. 

17 ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 

18 ‘‘(A) PROHIBITING IDENTIFICATION RE19 QUIREMENT AS CONDITION OF OBTAINING OR

20 CASTING BALLOT.—A State may not require an 

21 individual to submit any form of identifying 

22 document as a condition of obtaining or casting 

23 an absentee ballot, except that nothing in this 

24 subparagraph may be construed to prevent a 

25 State from requiring— 


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1 ‘‘(i) the information required to com2 plete an application for voter registration 

3 for an election for Federal office under sec4 tion 303(a)(5)(A), provided that a State 

5 may not deny a voter a ballot or the oppor6 tunity to cast it on the grounds that the 

7 voter does not possess a current and valid 

8 driver’s license number or a social security 

9 number; or 

10 ‘‘(ii) a signature of the individual or 

11 similar affirmation as a condition of ob12 taining or casting an absentee ballot. 

13 ‘‘(B) PROHIBITING FAULTY MATCHING RE14 QUIREMENTS FOR IDENTIFYING INFORMA15 TION.—A State may not deny a voter an absen16 tee ballot or reject an absentee ballot cast by a 

17 voter— 

18 ‘‘(i) on the grounds that the voter 

19 provided a different form of identifying in20 formation under subparagraph (A) than 

21 the voter originally provided when reg22 istering to vote or when requesting an ab23 sentee ballot; or 

24 ‘‘(ii) due to an error in, or omission 

25 of, identifying information required by a 


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1 State under subparagraph (A), if such 

2 error or omission is not material to an in3 dividual’s eligibility to vote under section 

4 2004(a)(2)(B) of the Revised Statutes (52 

5 U.S.C. 10101(a)(2)(B)). 

6 ‘‘(C) PROHIBITING REQUIREMENT TO PRO7 VIDE NOTARIZATION OR WITNESS SIGNATURE

8 AS CONDITION OF OBTAINING OR CASTING BAL9 LOT.—A State may not require notarization or 

10 witness signature or other formal authentica11 tion (other than voter attestation) as a condi12 tion of obtaining or casting an absentee ballot, 

13 except that nothing in this subparagraph may 

14 be construed to prohibit a State from enforcing 

15 a law which has a witness signature require16 ment for a ballot where a voter oath is attested 

17 to with a mark rather than a voter’s signature. 

18 ‘‘(3) NO EFFECT ON IDENTIFICATION REQUIRE19 MENTS FOR FIRST-TIME VOTERS REGISTERING BY

20 MAIL.—Nothing in this subsection may be construed 

21 to exempt any individual described in paragraph (1) 

22 of section 303(b) from meeting the requirements of 

23 paragraph (2) of such section or to exempt an indi24 vidual described in paragraph (5)(A) of section 


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1 303(b) from meeting the requirements of paragraph 

2 (5)(B). 

3 ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES

4 REQUIRING SIGNATURE VERIFICATION.— 

5 ‘‘(1) REQUIREMENT.— 

6 ‘‘(A) IN GENERAL.—A State may not im7 pose a signature verification requirement as a 

8 condition of accepting and counting a mail-in 

9 ballot or absentee ballot submitted by any indi10 vidual with respect to an election for Federal 

11 office unless the State meets the due process re12 quirements described in paragraph (2). 

13 ‘‘(B) SIGNATURE VERIFICATION REQUIRE14 MENT DESCRIBED.—In this subsection, a ‘sig15 nature verification requirement’ is a require16 ment that an election official verify the identi17 fication of an individual by comparing the indi18 vidual’s signature on the mail-in ballot or ab19 sentee ballot with the individual’s signature on 

20 the official list of registered voters in the State 

21 or another official record or other document 

22 used by the State to verify the signatures of 

23 voters. 

24 ‘‘(2) DUE PROCESS REQUIREMENTS.— 


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1 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

2 DISCREPANCY IN SIGNATURES.—If an indi3 vidual submits a mail-in ballot or an absentee 

4 ballot and the appropriate State or local elec5 tion official determines that a discrepancy ex6 ists between the signature on such ballot and 

7 the signature of such individual on the official 

8 list of registered voters in the State or other of9 ficial record or document used by the State to 

10 verify the signatures of voters, such election of11 ficial, prior to making a final determination as 

12 to the validity of such ballot, shall— 

13 ‘‘(i) as soon as practical, but no later 

14 than the next business day after such de15 termination is made, make a good faith ef16 fort to notify the individual by mail, tele17 phone, and (if available) text message and 

18 electronic mail that— 

19 ‘‘(I) a discrepancy exists between 

20 the signature on such ballot and the 

21 signature of the individual on the offi22 cial list of registered voters in the 

23 State or other official record or docu24 ment used by the State to verify the 

25 signatures of voters; and 


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1 ‘‘(II) if such discrepancy is not 

2 cured prior to the expiration of the 

3 third day following the State’s dead4 line for receiving mail-in ballots or ab5 sentee ballots, such ballot will not be 

6 counted; and 

7 ‘‘(ii) cure such discrepancy and count 

8 the ballot if, prior to the expiration of the 

9 third day following the State’s deadline for 

10 receiving mail-in ballots or absentee bal11 lots, the individual provides the official 

12 with information to cure such discrepancy, 

13 either in person, by telephone, or by elec14 tronic methods. 

15 ‘‘(B) NOTICE AND OPPORTUNITY TO CURE

16 MISSING SIGNATURE OR OTHER DEFECT.—If an 

17 individual submits a mail-in ballot or an absen18 tee ballot without a signature or submits a 

19 mail-in ballot or an absentee ballot with another 

20 defect which, if left uncured, would cause the 

21 ballot to not be counted, the appropriate State 

22 or local election official, prior to making a final 

23 determination as to the validity of the ballot, 

24 shall— 


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1 ‘‘(i) as soon as practical, but no later 

2 than the next business day after such de3 termination is made, make a good faith ef4 fort to notify the individual by mail, tele5 phone, and (if available) text message and 

6 electronic mail that— 

7 ‘‘(I) the ballot did not include a 

8 signature or has some other defect; 

9 and 

10 ‘‘(II) if the individual does not 

11 provide the missing signature or cure 

12 the other defect prior to the expira13 tion of the third day following the 

14 State’s deadline for receiving mail-in 

15 ballots or absentee ballots, such ballot 

16 will not be counted; and 

17 ‘‘(ii) count the ballot if, prior to the 

18 expiration of the third day following the 

19 State’s deadline for receiving mail-in bal20 lots or absentee ballots, the individual pro21 vides the official with the missing signa22 ture on a form proscribed by the State or 

23 cures the other defect. 

24 This subparagraph does not apply with respect 

25 to a defect consisting of the failure of a ballot 


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1 to meet the applicable deadline for the accept2 ance of the ballot, as described in subsection 

3 (e). 

4 ‘‘(C) OTHER REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—An election official 

6 may not make a determination that a dis7 crepancy exists between the signature on a 

8 mail-in ballot or an absentee ballot and the 

9 signature of the individual who submits the 

10 ballot on the official list of registered vot11 ers in the State or other official record or 

12 other document used by the State to verify 

13 the signatures of voters unless— 

14 ‘‘(I) at least 2 election officials 

15 make the determination; 

16 ‘‘(II) each official who makes the 

17 determination has received training in 

18 procedures used to verify signatures; 

19 and 

20 ‘‘(III) of the officials who make 

21 the determination, at least one is af22 filiated with the political party whose 

23 candidate received the most votes in 

24 the most recent statewide election for 

25 Federal office held in the State and at 


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1 least one is affiliated with the political 

2 party whose candidate received the 

3 second most votes in the most recent 

4 statewide election for Federal office 

5 held in the State. 

6 ‘‘(ii) EXCEPTION.—Clause (i)(III) 

7 shall not apply to any State in which, 

8 under a law that is in effect continuously 

9 on and after the date of enactment of this 

10 section, determinations regarding signature 

11 discrepancies are made by election officials 

12 who are not affiliated with a political 

13 party. 

14 ‘‘(3) REPORT.— 

15 ‘‘(A) IN GENERAL.—Not later than 120 

16 days after the end of a Federal election cycle, 

17 each chief State election official shall submit to 

18 the Commission a report containing the fol19 lowing information for the applicable Federal 

20 election cycle in the State: 

21 ‘‘(i) The number of ballots invalidated 

22 due to a discrepancy under this subsection. 

23 ‘‘(ii) Description of attempts to con24 tact voters to provide notice as required by 

25 this subsection. 


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1 ‘‘(iii) Description of the cure process 

2 developed by such State pursuant to this 

3 subsection, including the number of ballots 

4 determined valid as a result of such proc5 ess. 

6 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

7 later than 10 days after receiving a report 

8 under subparagraph (A), the Commission shall 

9 transmit such report to Congress. 

10 ‘‘(C) FEDERAL ELECTION CYCLE DE11 FINED.—For purposes of this subsection, the 

12 term ‘Federal election cycle’ means, with re13 spect to any regularly scheduled election for 

14 Federal office, the period beginning on the day 

15 after the date of the preceding regularly sched16 uled general election for Federal office and end17 ing on the date of such regularly scheduled gen18 eral election. 

19 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

20 this subsection shall be construed— 

21 ‘‘(A) to prohibit a State from rejecting a 

22 ballot attempted to be cast in an election for 

23 Federal office by an individual who is not eligi24 ble to vote in the election; or 


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1 ‘‘(B) to prohibit a State from providing an 

2 individual with more time and more methods 

3 for curing a discrepancy in the individual’s sig4 nature, providing a missing signature, or curing 

5 any other defect than the State is required to 

6 provide under this subsection. 

7 ‘‘(c) APPLICATIONS FOR ABSENTEE BALLOTS.— 

8 ‘‘(1) IN GENERAL.—In addition to such other 

9 methods as the State may establish for an individual 

10 to apply for an absentee ballot, each State shall per11 mit an individual to submit an application for an ab12 sentee ballot online. 

13 ‘‘(2) TREATMENT OF WEBSITES.—A State shall 

14 be considered to meet the requirements of paragraph 

15 (1) if the website of the appropriate State or local 

16 election official allows an application for an absentee 

17 ballot to be completed and submitted online and if 

18 the website permits the individual— 

19 ‘‘(A) to print the application so that the 

20 individual may complete the application and re21 turn it to the official; or 

22 ‘‘(B) to request that a paper copy of the 

23 application be transmitted to the individual by 

24 mail or electronic mail so that the individual 


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1 may complete the application and return it to 

2 the official. 

3 ‘‘(3) ENSURING DELIVERY PRIOR TO ELEC4 TION.— 

5 ‘‘(A) IN GENERAL.—If an individual who is 

6 eligible to vote in an election for Federal office 

7 submits an application for an absentee ballot in 

8 the election and such application is received by 

9 the appropriate State or local election official 

10 not later than 13 days (excluding Saturdays, 

11 Sundays, and legal public holidays) before the 

12 date of the election, the election official shall 

13 ensure that the ballot and related voting mate14 rials are promptly mailed to the individual. 

15 ‘‘(B) APPLICATIONS RECEIVED CLOSE TO

16 ELECTION DAY.—If an individual who is eligible 

17 to vote in an election for Federal office submits 

18 an application for an absentee ballot in the elec19 tion and such application is received by the ap20 propriate State or local election official after 

21 the date described in subparagraph (A) but not 

22 later than 7 days (excluding Saturdays, Sun23 days, and legal public holidays) before the date 

24 of the election, the election official shall, to the 

25 greatest extent practical, ensure that the ballot 


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1 and related voting materials are mailed to the 

2 individual within 1 business day of the receipt 

3 of the application. 

4 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

5 in this paragraph shall preclude a State or local 

6 jurisdiction from allowing for the acceptance 

7 and processing of absentee ballot applications 

8 submitted or received after the date described 

9 in subparagraph (B). 

10 ‘‘(4) APPLICATION FOR ALL FUTURE ELEC11 TIONS.— 

12 ‘‘(A) IN GENERAL.—At the option of an 

13 individual, the individual’s application to vote 

14 by absentee ballot by mail in an election for 

15 Federal office shall be treated as an application 

16 for an absentee ballot by mail in all subsequent 

17 elections for Federal office held in the State. 

18 ‘‘(B) DURATION OF TREATMENT.— 

19 ‘‘(i) IN GENERAL.—In the case of an 

20 individual who is treated as having applied 

21 for an absentee ballot for all subsequent 

22 elections for Federal office held in the 

23 State under subparagraph (A), such treat24 ment shall remain effective until the earlier 

25 of such time as— 


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1 ‘‘(I) the individual is no longer 

2 registered to vote in the State; or 

3 ‘‘(II) the individual provides an 

4 affirmative written notice revoking 

5 such treatment. 

6 ‘‘(ii) PROHIBITION ON REVOCATION

7 BASED ON FAILURE TO VOTE.—The treat8 ment of an individual as having applied for 

9 an absentee ballot for all subsequent elec10 tions held in the State under subparagraph 

11 (A) shall not be revoked on the basis that 

12 the individual has not voted in an election. 

13 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS14 ABILITIES.—Each State shall ensure that all absentee bal15 lot applications, absentee ballots, and related voting mate16 rials in elections for Federal office are accessible to indi17 viduals with disabilities in a manner that provides the 

18 same opportunity for access and participation (including 

19 with privacy and independence) as for other voters. 

20 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

21 MAILED BALLOTS.— 

22 ‘‘(1) IN GENERAL.—A State or local election of23 ficial may not refuse to accept or process a ballot 

24 submitted by an individual by mail with respect to 

25 an election for Federal office in the State on the 


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1 grounds that the individual did not meet a deadline 

2 for returning the ballot to the appropriate State or 

3 local election official if— 

4 ‘‘(A) the ballot is postmarked or otherwise 

5 indicated by the United States Postal Service to 

6 have been mailed on or before the date of the 

7 election, or has been signed by the voter on or 

8 before the date of the election; and 

9 ‘‘(B) the ballot is received by the appro10 priate election official prior to the expiration of 

11 the 7-day period which begins on the date of 

12 the election. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be construed to prohibit a State 

15 from having a law that allows for counting of ballots 

16 in an election for Federal office that are received 

17 through the mail after the date that is 7 days after 

18 the date of the election. 

19 ‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL20 LOTS.—In addition to permitting an individual to whom 

21 a ballot in an election was provided under this section to 

22 return the ballot to an election official by mail, each State 

23 shall permit the individual to cast the ballot by delivering 

24 the ballot at such times and to such locations as the State 

25 may establish, including— 


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1 ‘‘(1) permitting the individual to deliver the bal2 lot to a polling place within the jurisdiction in which 

3 the individual is registered or otherwise eligible to 

4 vote on any date on which voting in the election is 

5 held at the polling place; and 

6 ‘‘(2) permitting the individual to deliver the bal7 lot to a designated ballot drop-off location, a tribally 

8 designated building, or the office of a State or local 

9 election official. 

10 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE11 MENTS.— 

12 ‘‘(1) IN GENERAL.—Each State or jurisdiction 

13 shall begin processing and scanning ballots cast by 

14 mail for tabulation not later than the date that is 14 

15 days prior to the date of the election involved, except 

16 that a State may begin processing and scanning bal17 lots cast by mail for tabulation after such date if the 

18 date on which the State begins such processing and 

19 scanning ensures, to the greatest extent practical, 

20 that ballots cast before the date of the election are 

21 processed and scanned before the date of the elec22 tion. 

23 ‘‘(2) LIMITATION.—Nothing in this subsection 

24 shall be construed— 


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1 ‘‘(A) to permit a State to tabulate ballots 

2 in an election before the closing of the polls on 

3 the date of the election unless such tabulation 

4 is a necessary component of preprocessing in 

5 the State and is performed in accordance with 

6 existing State law; or 

7 ‘‘(B) to permit an official to make public 

8 any results of tabulation and processing before 

9 the closing of the polls on the date of the elec10 tion. 

11 ‘‘(h) PROHIBITING RESTRICTIONS ON DISTRIBUTION

12 OF ABSENTEE BALLOT APPLICATIONS BY THIRD PAR13 TIES.—A State may not prohibit any person from pro14 viding an application for an absentee ballot in the election 

15 to any individual who is eligible to vote in the election. 

16 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to affect the authority of States 

18 to conduct elections for Federal office through the use of 

19 polling places at which individuals cast ballots. 

20 ‘‘(j) NO EFFECT ON BALLOTS SUBMITTED BY AB21 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 

22 this section may be construed to affect the treatment of 

23 any ballot submitted by an individual who is entitled to 

24 vote by absentee ballot under the Uniformed and Overseas 

25 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 


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1 ‘‘(k) EFFECTIVE DATE.—This section shall apply 

2 with respect to the regularly scheduled general election for 

3 Federal office held in November 2022 and each succeeding 

4 election for Federal office.’’. 

5 (2) CLERICAL AMENDMENTS.—The table of 

6 contents of such Act, as amended by section 

7 1031(c), section 1044(b), section 1101(c), section 

8 1102(c), section 1103(a), section 1104(c), and sec9 tion 1201(c), is amended— 

10 (A) by redesignating the items relating to 

11 sections 311 and 312 as relating to sections 

12 312 and 313, respectively; and 

13 (B) by inserting after the item relating to 

14 section 310 the following new item: 

‘‘Sec. 311. Promoting ability of voters to vote by mail.’’. 

15 (b) SAME-DAY PROCESSING OF ABSENTEE BAL16 LOTS.— 

17 (1) IN GENERAL.—Chapter 34 of title 39, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘§ 3407. Same-day processing of ballots 

21 ‘‘(a) IN GENERAL.—The Postal Service shall ensure, 

22 to the maximum extent practicable, that any ballot carried 

23 by the Postal Service is processed by and cleared from 

24 any postal facility or post office on the same day that the 

25 ballot is received by that facility or post office. 


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1 ‘‘(b) DEFINITIONS.—As used in this section— 

2 ‘‘(1) the term ‘ballot’ means any ballot trans3 mitted by a voter by mail in an election for Federal 

4 office, but does not include any ballot covered by 

5 section 3406; and 

6 ‘‘(2) the term ‘election for Federal office’ means 

7 a general, special, primary, or runoff election for the 

8 office of President or Vice President, or of Senator 

9 or Representative in, or Delegate or Resident Com10 missioner to, the Congress.’’. 

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The table of sections for chapter 34 of title 

13 39, United States Code, is amended by adding at 

14 the end the following: 

‘‘3407. Same-day processing of ballots.’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall apply to absentee ballots re17 lating to an election for Federal office occurring on 

18 or after January 1, 2022. 

19 (c) DEVELOPMENT OF ALTERNATIVE VERIFICATION

20 METHODS.— 

21 (1) DEVELOPMENT OF STANDARDS.—The Na22 tional Institute of Standards, in consultation with 

23 the Election Assistance Commission, shall develop 

24 standards for the use of alternative methods which 

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1 quirements for purposes of verifying the identifica2 tion of an individual voting by mail-in or absentee 

3 ballot in elections for Federal office. 

4 (2) PUBLIC NOTICE AND COMMENT.—The Na5 tional Institute of Standards shall solicit comments 

6 from the public in the development of standards 

7 under paragraph (1). 

8 (3) DEADLINE.—Not later than 2 years after 

9 the date of the enactment of this Act, the National 

10 Institute of Standards shall publish the standards 

11 developed under paragraph (1). 

12 SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM. 

13 (a) IN GENERAL.— 

14 (1) REQUIREMENTS.—Subtitle A of title III of 

15 the Help America Vote Act of 2002 (52 U.S.C. 

16 21081 et seq.), as amended by section 1031(a), sec17 tion 1044(a), section 1101(a), section 1102(a), sec18 tion 1103(a), section 1104(a), section 1201(a), and 

19 section 1301(a), is amended— 

20 (A) by redesignating sections 312 and 313 

21 as sections 313 and 314, respectively; and 

22 (B) by inserting after section 311 the fol23 lowing new section: 


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1 ‘‘SEC. 312. BALLOT MATERIALS TRACKING PROGRAM. 

2 ‘‘(a) REQUIREMENT.—Each State shall carry out a 

3 program to track and confirm the receipt of mail-in ballots 

4 and absentee ballots in an election for Federal office under 

5 which the State or local election official responsible for the 

6 receipt of such voted ballots in the election carries out pro7 cedures to track and confirm the receipt of such ballots, 

8 and makes information on the receipt of such ballots avail9 able to the individual who cast the ballot. 

10 ‘‘(b) MEANS OF CARRYING OUT PROGRAM.—A State 

11 may meet the requirements of subsection (a)— 

12 ‘‘(1) through a program— 

13 ‘‘(A) which is established by the State; 

14 ‘‘(B) under which the State or local elec15 tion official responsible for the receipt of voted 

16 mail-in ballots and voted absentee ballots in the 

17 election— 

18 ‘‘(i) carries out procedures to track 

19 and confirm the receipt of such ballots; 

20 and 

21 ‘‘(ii) makes information on the receipt 

22 of such ballots available to the individual 

23 who cast the ballot; and 

24 ‘‘(C) which meets the requirements of sub25 section (c); or 


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1 ‘‘(2) through the ballot materials tracking serv2 ice established under section 1302(b) of the Free3 dom to Vote Act. 

4 ‘‘(c) STATE PROGRAM REQUIREMENTS.—The re5 quirements of this subsection are as follows: 

6 ‘‘(1) INFORMATION ON WHETHER VOTE WAS

7 ACCEPTED.—The information referred to under sub8 section (b)(1)(B)(ii) with respect to the receipt of 

9 mail-in ballot or an absentee ballot shall include in10 formation regarding whether the vote cast on the 

11 ballot was accepted, and, in the case of a vote which 

12 was rejected, the reasons therefor. 

13 ‘‘(2) AVAILABILITY OF INFORMATION.—Infor14 mation on whether a ballot was accepted or rejected 

15 shall be available within 1 business day of the State 

16 accepting or rejecting the ballot. 

17 ‘‘(3) ACCESSIBILITY OF INFORMATION.— 

18 ‘‘(A) IN GENERAL.—Except as provided 

19 under subparagraph (B), the information pro20 vided under the program shall be available by 

21 means of online access using the internet site of 

22 the State or local election office. 

23 ‘‘(B) USE OF TOLL-FREE TELEPHONE

24 NUMBER BY OFFICIALS WITHOUT INTERNET

25 SITE.—In the case of a State or local election 


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1 official whose office does not have an internet 

2 site, the program shall require the official to es3 tablish a toll-free telephone number that may be 

4 used by an individual who cast an absentee bal5 lot to obtain the information required under 

6 subsection (b)(1)(B). 

7 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

8 with respect to the regularly scheduled general election for 

9 Federal office held in November 2024 and each succeeding 

10 election for Federal office.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 102 

12 of the Uniformed and Overseas Citizens Absentee 

13 Voting Act (52 U.S.C. 20302(a)) is amended by 

14 striking subsection (h) and redesignating subsection 

15 (i) as subsection (h). 

16 (b) BALLOTING MATERIALS TRACKING SERVICE.— 

17 (1) IN GENERAL.—Not later than January 1, 

18 2024, the Secretary of Homeland Security, in con19 sultation with the Chair of the Election Assistance 

20 Commission, the Postmaster General, the Director 

21 of the General Services Administration, the Presi22 dential designee, and State election officials, shall 

23 establish a balloting materials tracking service to be 

24 used by State and local jurisdictions to inform voters 

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1 sentee ballot applications, absentee ballots, and mail2 in ballots. 

3 (2) INFORMATION TRACKED.—The balloting 

4 materials tracking service established under para5 graph (1) shall provide to a voter the following infor6 mation with respect to that voter: 

7 (A) In the case of balloting materials sent 

8 by mail, tracking information from the United 

9 States Postal Service and the Presidential des10 ignee on balloting materials sent to the voter 

11 and, to the extent feasible, returned by the 

12 voter. 

13 (B) The date on which any request by the 

14 voter for an application for voter registration or 

15 an absentee ballot was received. 

16 (C) The date on which any such requested 

17 application was sent to the voter. 

18 (D) The date on which any such completed 

19 application was received from the voter and the 

20 status of such application. 

21 (E) The date on which any mail-in ballot 

22 or absentee ballot was sent to the voter. 

23 (F) The date on which any mail-in ballot 

24 or absentee ballot was out for delivery to the 

25 voter. 


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1 (G) The date on which the post office proc2 esses the ballot. 

3 (H) The date on which the returned ballot 

4 was out for delivery to the election office. 

5 (I) Whether such ballot was accepted and 

6 counted, and in the case of any ballot not 

7 counted, the reason why the ballot was not 

8 counted. 

9 The information described in subparagraph (I) shall 

10 be available not later than 1 day after a determina11 tion is made on whether or not to accept and count 

12 the ballot. 

13 (3) METHOD OF PROVIDING INFORMATION.— 

14 The balloting materials tracking service established 

15 under paragraph (1) shall allow voters the option to 

16 receive the information described in paragraph (2) 

17 through email (or other electronic means) or through 

18 the mail. 

19 (4) PUBLIC AVAILABILITY OF LIMITED INFOR20 MATION.—Information described in subparagraphs 

21 (E), (G), and (I) of paragraph (2) shall be made 

22 available to political parties and political organiza23 tions, free of charge, for use, in accordance with 

24 State guidelines and procedures, in helping to return 


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1 or cure mail-in ballots during any period in which 

2 mail-in ballots may be returned. 

3 (5) PROHIBITION ON FEES.—The Director may 

4 not charge any fee to a State or jurisdiction for use 

5 of the balloting materials tracking service in connec6 tion with any Federal, State, or local election. 

7 (6) PRESIDENTIAL DESIGNEE.—For purposes 

8 of this subsection, the term ‘‘Presidential designee’’ 

9 means the Presidential designee under section 

10 101(a) of the Uniformed and Overseas Citizens Ab11 sentee Voting Act (52 U.S.C. 30201). 

12 (7) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Di14 rector such sums as are necessary for purposes of 

15 carrying out this subsection. 

16 (c) REIMBURSEMENT FOR COSTS INCURRED BY

17 STATES IN ESTABLISHING PROGRAM.—Subtitle D of title 

18 II of the Help America Vote Act of 2002 (42 U.S.C. 

19 15401 et seq.) is amended by adding at the end the fol20 lowing new part: 


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1 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

2 FOR COSTS INCURRED IN ESTABLISHING 

3 PROGRAM TO TRACK AND CONFIRM RE4 CEIPT OF ABSENTEE BALLOTS 

5 ‘‘SEC. 297. PAYMENTS TO STATES. 

6 ‘‘(a) PAYMENTS FOR COSTS OF PROGRAM.—In ac7 cordance with this section, the Commission shall make a 

8 payment to a State to reimburse the State for the costs 

9 incurred in establishing the absentee ballot tracking pro10 gram under section 312(b)(1) (including costs incurred 

11 prior to the date of the enactment of this part). 

12 ‘‘(b) CERTIFICATION OF COMPLIANCE AND COSTS.— 

13 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

14 receive a payment under this section, a State shall 

15 submit to the Commission a statement containing— 

16 ‘‘(A) a certification that the State has es17 tablished an absentee ballot tracking program 

18 with respect to elections for Federal office held 

19 in the State; and 

20 ‘‘(B) a statement of the costs incurred by 

21 the State in establishing the program. 

22 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

23 payment made to a State under this section shall be 

24 equal to the costs incurred by the State in estab25 lishing the absentee ballot tracking program, as set 

26 forth in the statement submitted under paragraph 


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1 (1), except that such amount may not exceed the 

2 product of— 

3 ‘‘(A) the number of jurisdictions in the 

4 State which are responsible for operating the 

5 program; and 

6 ‘‘(B) $3,000. 

7 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE8 CEIVED.—A State may not receive more than one 

9 payment under this part. 

10 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Commission for fiscal year 2022 and 

13 each succeeding fiscal year such sums as may be necessary 

14 for payments under this part. 

15 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

16 amounts appropriated pursuant to the authorization under 

17 this section shall remain available until expended.’’. 

18 (d) CLERICAL AMENDMENTS.—The table of contents 

19 of such Act, as amended by section 1031(c), 1044(b), sec20 tion 1101(c), section 1102(c), section 1103(a), section 

21 1104(c), section 1201(c), and section 1301(a), is amend22 ed— 


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1 (1) by adding at the end of the items relating 

2 to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE

BALLOTS

‘‘Sec. 297. Payments to states. 

‘‘Sec. 297A. Authorization of appropriations.’’; 

3 (2) by redesignating the items relating to sec4 tions 312 and 313 as relating to sections 313 and 

5 314, respectively; and 

6 (3) by inserting after the item relating to sec7 tion 311 the following new item: 

‘‘Sec. 312. Absentee ballot tracking program.’’. 

8 SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVE9 MENTS. 

10 (a) POSTMARK REQUIRED FOR BALLOTS.— 

11 (1) IN GENERAL.—Chapter 34 of title 39, 

12 United States Code, as amended by section 1301(b), 

13 is amended by adding at the end the following: 

14 ‘‘§ 3408. Postmark required for ballots 

15 ‘‘(a) IN GENERAL.—In the case of any absentee bal16 lot carried by the Postal Service, the Postal Service shall 

17 indicate on the ballot envelope, using a postmark or other18 wise— 

19 ‘‘(1) the fact that the ballot was carried by the 

20 Postal Service; and 

21 ‘‘(2) the date on which the ballot was mailed. 

22 ‘‘(b) DEFINITIONS.—As used in this section— 


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1 ‘‘(1) the term ‘absentee ballot’ means any ballot 

2 transmitted by a voter by mail in an election for 

3 Federal office, but does not include any ballot cov4 ered by section 3406; and 

5 ‘‘(2) the term ‘election for Federal office’ means 

6 a general, special, primary, or runoff election for the 

7 office of President or Vice President, or of Senator 

8 or Representative in, or Delegate or Resident Com9 missioner to, the Congress.’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The table of sections for chapter 34 of title 

12 39, United States Code, as amended by section 

13 1301(b), is amended by adding at the end the fol14 lowing: 

‘‘3408. Postmark required for ballots.’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall apply to absentee ballots re17 lating to an election for Federal office occurring on 

18 or after January 1, 2022. 

19 (b) GREATER VISIBILITY FOR BALLOTS.— 

20 (1) IN GENERAL.—Subtitle A of title III of the 

21 Help America Vote Act of 2002 (52 U.S.C. 21081 

22 et seq.), as amended by section 1031(a), section 

23 1044(a), section 1101(a), section 1102(a), section 

24 1103(a), section 1104(a), section 1201(a), section 

25 1301(a), and section 1302(a), is amended— 


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1 (A) by redesignating sections 313 and 314 

2 as sections 314 and 315, respectively; and 

3 (B) by inserting after section 312 the fol4 lowing new section: 

5 ‘‘SEC. 313. BALLOT VISIBILITY. 

6 ‘‘(a) IN GENERAL.—Each State or local election offi7 cial shall— 

8 ‘‘(1) affix Tag 191, Domestic and International 

9 Mail-In Ballots (or any successor tag designated by 

10 the United States Postal Service), to any tray or 

11 sack of official ballots relating to an election for 

12 Federal office that is destined for a domestic or 

13 international address; 

14 ‘‘(2) use the Official Election Mail logo to des15 ignate official ballots relating to an election for Fed16 eral office that is destined for a domestic or inter17 national address; and 

18 ‘‘(3) if an intelligent mail barcode is utilized for 

19 any official ballot relating to an election for Federal 

20 office that is destined for a domestic or international 

21 address, ensure the specific ballot service type identi22 fier for such mail is visible. 

23 ‘‘(b) EFFECTIVE DATE.—The requirements of this 

24 section shall apply to elections for Federal office occurring 

25 on and after January 1, 2022.’’. 


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1 (2) VOLUNTARY GUIDANCE.—Section 321(b)(4) 

2 of such Act (52 U.S.C. 21101(b)), as added and re3 designated by section 1101(b) and as amended by 

4 sections 1102, 1103 and 1104, is amended by strik5 ing ‘‘and 309’’ and inserting ‘‘309, and 313’’. 

6 (3) CLERICAL AMENDMENTS.—The table of 

7 contents of such Act, as amended by section 

8 1031(c), section 1044(b), section 1101(c), section 

9 1102(c), section 1103(a), section 1104(c), section 

10 1201(c), section 1301(a), and section 1302(a), is 

11 amended— 

12 (A) by redesignating the items relating to 

13 sections 313 and 314 as relating to sections 

14 314 and 315; and 

15 (B) by inserting after the item relating to 

16 section 312 the following new item: 

‘‘Sec. 313. Ballot visibility.’’. 

17 SEC. 1304. CARRIAGE OF ELECTION MAIL. 

18 (a) TREATMENT OF ELECTION MAIL.— 

19 (1) TREATMENT AS FIRST-CLASS MAIL; FREE

20 POSTAGE.—Chapter 34 of title 39, United States 

21 Code, as amended by section 1301(b) and section 

22 1303(a), is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 3409. Domestic election mail; restriction of oper2 ational changes prior to elections 

3 ‘‘(a) DEFINITION.—In this section, the term ‘election 

4 mail’ means— 

5 ‘‘(1) a blank or completed voter registration ap6 plication form, voter registration card, or similar 

7 materials, relating to an election for Federal office; 

8 ‘‘(2) a blank or completed absentee and other 

9 mail-in ballot application form, and a blank or com10 pleted absentee or other mail-in ballot, relating to an 

11 election for Federal office, and 

12 ‘‘(3) other materials relating to an election for 

13 Federal office that are mailed by a State or local 

14 election official to an individual who is registered to 

15 vote. 

16 ‘‘(b) CARRIAGE OF ELECTION MAIL.—Election mail 

17 (other than balloting materials covered under section 3406 

18 (relating to the Uniformed and Overseas Absentee Voting 

19 Act)), individually or in bulk, shall be carried in accord20 ance with the service standards established for first-class 

21 mail under section 3691. 

22 ‘‘(c) NO POSTAGE REQUIRED FOR COMPLETED BAL23 LOTS.—Completed absentee or other mail-in ballots (other 

24 than balloting materials covered under section 3406 (relat25 ing to the Uniformed and Overseas Absentee Voting Act)) 

26 shall be carried free of postage. 


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1 ‘‘(d) RESTRICTION OF OPERATIONAL CHANGES.— 

2 During the 120-day period which ends on the date of an 

3 election for Federal office, the Postal Service may not 

4 carry out any new operational change that would restrict 

5 the prompt and reliable delivery of election mail. This sub6 section applies to operational changes which include— 

7 ‘‘(1) removing or eliminating any mail collection 

8 box without immediately replacing it; and 

9 ‘‘(2) removing, decommissioning, or any other 

10 form of stopping the operation of mail sorting ma11 chines, other than for routine maintenance. 

12 ‘‘(e) ELECTION MAIL COORDINATOR.—The Postal 

13 Service shall appoint an Election Mail Coordinator at each 

14 area office and district office to facilitate relevant informa15 tion sharing with State, territorial, local, and Tribal elec16 tion officials in regards to the mailing of election mail.’’. 

17 (2) REIMBURSEMENT OF POSTAL SERVICE FOR

18 REVENUE FORGONE.—Section 2401(c) of title 39, 

19 United States Code, is amended by striking ‘‘sec20 tions 3217 and 3403 through 3406’’ and inserting 

21 ‘‘sections 3217, 3403 through 3406, and 3409’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 34 of title 39, United 

24 States Code, as amended by section 1301(b) and section 

25 1303(a), is amended by adding at the end the following: 


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‘‘3409. Domestic election mail; restriction of operational changes prior to elections.’’. 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to election mail relating to an elec3 tion for Federal office occurring on or after January 1, 

4 2022. 

5 SEC. 1305. REQUIRING STATES TO PROVIDE SECURED 

6 DROP BOXES FOR VOTED BALLOTS IN ELEC7 TIONS FOR FEDERAL OFFICE. 

8 (a) REQUIREMENT.—Subtitle A of title III of the 

9 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

10 as amended by section 1031(a), section 1044(a), section 

11 1101(a), section 1102(a), section 1103(a), section 

12 1104(a), section 1201(a), section 1301(a), section 

13 1302(a), and section 1303(b) is amended— 

14 (1) by redesignating sections 314 and 315 as 

15 sections 315 and 316, respectively; and 

16 (2) by inserting after section 313 the following 

17 new section: 

18 ‘‘SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BAL19 LOTS. 

20 ‘‘(a) REQUIRING USE OF DROP BOXES.—Each juris21 diction shall provide in-person, secured, and clearly labeled 

22 drop boxes at which individuals may, at any time during 

23 the period described in subsection (b), drop off voted bal24 lots in an election for Federal office. 


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1 ‘‘(b) MINIMUM PERIOD FOR AVAILABILITY OF DROP

2 BOXES.—The period described in this subsection is, with 

3 respect to an election, the period which begins on the first 

4 day on which the jurisdiction sends mail-in ballots or ab5 sentee ballots (other than ballots for absent uniformed 

6 overseas voters (as defined in section 107(1) of the Uni7 formed and Overseas Citizens Absentee Voting Act (52 

8 U.S.C. 20310(1))) or overseas voters (as defined in section 

9 107(5) of such Act (52 U.S.C. 20310(5)))) to voters for 

10 such election and which ends at the time the polls close 

11 for the election in the jurisdiction involved. 

12 ‘‘(c) ACCESSIBILITY.— 

13 ‘‘(1) HOURS OF ACCESS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), each drop box provided 

16 under this section shall be accessible to voters 

17 for a reasonable number of hours each day. 

18 ‘‘(B) 24-HOUR DROP BOXES.— 

19 ‘‘(i) IN GENERAL.—Of the number of 

20 drop boxes provided in any jurisdiction, 

21 not less the required number shall be ac22 cessible for 24-hours per day during the 

23 period described in subsection (b). 

24 ‘‘(ii) REQUIRED NUMBER.—The re25 quired number is the greater of— 


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1 ‘‘(I) 25 percent of the drop boxes 

2 required under subsection (d); or 

3 ‘‘(II) 1 drop box. 

4 ‘‘(2) POPULATION.— 

5 ‘‘(A) IN GENERAL.—Drop boxes provided 

6 under this section shall be accessible for use— 

7 ‘‘(i) by individuals with disabilities, as 

8 determined in consultation with the protec9 tion and advocacy systems (as defined in 

10 section 102 of the Developmental Disabil11 ities Assistance and Bill of Rights Act of 

12 2000 (42 U.S.C. 15002)) of the State; 

13 ‘‘(ii) by individuals with limited pro14 ficiency in the English language; and 

15 ‘‘(iii) by homeless individuals (as de16 fined in section 103 of the McKinney– 

17 Vento Homeless Assistance Act(42 U.S.C. 

18 11302)) within the State. 

19 ‘‘(B) DETERMINATION OF ACCESSIBILITY

20 FOR INDIVIDUALS WITH DISABILITIES.—For 

21 purposes of this paragraph, drop boxes shall be 

22 considered to be accessible for use by individ23 uals with disabilities if the drop boxes meet 

24 such criteria as the Attorney General may es25 tablish for such purposes. 


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1 ‘‘(C) RULE OF CONSTRUCTION.—If a drop 

2 box provided under this section is on the 

3 grounds of or inside a building or facility which 

4 serves as a polling place for an election during 

5 the period described in subsection (b), nothing 

6 in this subsection may be construed to waive 

7 any requirements regarding the accessibility of 

8 such polling place for the use of individuals 

9 with disabilities, individuals with limited pro10 ficiency in the English language, or homeless 

11 individuals. 

12 ‘‘(d) NUMBER OF DROP BOXES.—Each jurisdiction 

13 shall have— 

14 ‘‘(1) in the case of any election for Federal of15 fice prior to the regularly scheduled general election 

16 for Federal office held in November 2024, not less 

17 than 1 drop box for every 45,000 registered voters 

18 located in the jurisdiction; and 

19 ‘‘(2) in the case of the regularly scheduled gen20 eral election for Federal office held in November 

21 2024 and each election for Federal office occurring 

22 thereafter, not less than the greater of— 

23 ‘‘(A) 1 drop box for every 45,000 reg24 istered voters located in the jurisdiction; or 


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1 ‘‘(B) 1 drop box for every 15,000 votes 

2 that were cast by mail in the jurisdiction in the 

3 most recent general election that includes an 

4 election for the office of President. 

5 In no case shall a jurisdiction have less than 1 drop 

6 box for any election for Federal office. 

7 ‘‘(e) LOCATION OF DROP BOXES.—The State shall 

8 determine the location of drop boxes provided under this 

9 section in a jurisdiction on the basis of criteria which en10 sure that the drop boxes are— 

11 ‘‘(1) available to all voters on a non-discrimina12 tory basis; 

13 ‘‘(2) accessible to voters with disabilities (in ac14 cordance with subsection (c)); 

15 ‘‘(3) accessible by public transportation to the 

16 greatest extent possible; 

17 ‘‘(4) available during all hours of the day; 

18 ‘‘(5) sufficiently available in all communities in 

19 the jurisdiction, including rural communities and on 

20 Tribal lands within the jurisdiction (subject to sub21 section (f)); and 

22 ‘‘(6) geographically distributed to provide a rea23 sonable opportunity for voters to submit their voted 

24 ballot in a timely manner. 


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1 ‘‘(f) RULES FOR DROP BOXES ON TRIBAL LANDS.— 

2 In making a determination of the number and location of 

3 drop boxes provided under this section on Tribal lands in 

4 a jurisdiction, the appropriate State and local election offi5 cials shall— 

6 ‘‘(1) consult with Tribal leaders prior to making 

7 the determination; and 

8 ‘‘(2) take into account criteria such as the 

9 availability of direct-to-door residential mail delivery, 

10 the distance and time necessary to travel to the drop 

11 box locations (including in inclement weather), 

12 modes of transportation available, conditions of 

13 roads, and the availability (if any) of public trans14 portation. 

15 ‘‘(g) TIMING OF SCANNING AND PROCESSING OF

16 BALLOTS.—For purposes of section 311(g) (relating to 

17 the timing of the processing and scanning of ballots for 

18 tabulation), a vote cast using a drop box provided under 

19 this section shall be treated in the same manner as a ballot 

20 cast by mail. 

21 ‘‘(h) POSTING OF INFORMATION.—On or adjacent to 

22 each drop box provided under this section, the State shall 

23 post information on the requirements that voted absentee 

24 ballots must meet in order to be counted and tabulated 

25 in the election. 


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1 ‘‘(i) REMOTE SURVEILLANCE.—Nothing in this sec2 tion shall prohibit a State from providing for the security 

3 of drop boxes through remote or electronic surveillance. 

4 ‘‘(j) EFFECTIVE DATE.—This section shall apply 

5 with respect to the regularly scheduled general election for 

6 Federal office held in November 2022 and each succeeding 

7 election for Federal office.’’. 

8 (b) CLERICAL AMENDMENTS.—The table of contents 

9 of such Act, as amended by section 1031(c), section 

10 1044(b), section 1101(c), section 1102(c), section 

11 1103(a), section 1104(c), section 1201(c), section 

12 1301(c), section 1302(a), and section 1303(b), is amend13 ed— 

14 (1) by redesignating the items relating to sec15 tions 314 and 315 as relating to sections 315 and 

16 316, respectively; and 

17 (2) by inserting after the item relating to sec18 tion 313 the following new item: 

‘‘Sec. 314. Use of secured drop boxes for voted absentee ballots.’’. 


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1 Subtitle E—Absent Uniformed 

2 Services Voters and Overseas 

3 Voters 

4 SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND 

5 TRANSMISSION OF ABSENTEE BALLOTS. 

6 Section 102(c) of the Uniformed and Overseas Citi7 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend8 ed to read as follows: 

9 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

10 AND RECEIPT OF ABSENTEE BALLOTS.— 

11 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

12 BALLOT AVAILABILITY.—Not later than 55 days be13 fore any regularly scheduled general election for 

14 Federal office, each State shall submit a report to 

15 the Attorney General certifying that absentee ballots 

16 for the election are or will be available for trans17 mission to absent uniformed services voters and 

18 overseas voters by not later than 46 days before the 

19 election. The report shall be in a form prescribed by 

20 the Attorney General and shall require the State to 

21 certify specific information about ballot availability 

22 from each unit of local government which will ad23 minister the election. 

24 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

25 BALLOTS TRANSMITTED.— 


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1 ‘‘(A) IN GENERAL.—Not later than 43 

2 days before any election for Federal office held 

3 in a State, the chief State election official of 

4 such State shall submit a report containing the 

5 information in subparagraph (B) to the Attor6 ney General. 

7 ‘‘(B) INFORMATION REPORTED.—The re8 port under subparagraph (A) shall consist of 

9 the following: 

10 ‘‘(i) The total number of absentee bal11 lots validly requested by absent uniformed 

12 services voters and overseas voters whose 

13 requests were received by the 47th day be14 fore the election by each unit of local gov15 ernment within the State that will transmit 

16 absentee ballots. 

17 ‘‘(ii) The total number of ballots 

18 transmitted to such voters by the 46th day 

19 before the election by each unit of local 

20 government within the State that will ad21 minister the election. 

22 ‘‘(iii) Specific information about any 

23 late transmitted ballots. 

24 ‘‘(C) REQUIREMENT TO SUPPLEMENT IN25 COMPLETE INFORMATION.—If the report under 


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1 subparagraph (A) has incomplete information 

2 on any items required to be included in the re3 port, the chief State election official shall make 

4 all reasonable efforts to expeditiously supple5 ment the report with complete information. 

6 ‘‘(D) FORMAT.—The report under sub7 paragraph (A) shall be in a format prescribed 

8 by the Attorney General in consultation with 

9 the chief State election officials of each State. 

10 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

11 ABSENTEE BALLOTS TRANSMITTED AND RE12 CEIVED.—Not later than 90 days after the date of 

13 each regularly scheduled general election for Federal 

14 office, each State and unit of local government 

15 which administered the election shall (through the 

16 State, in the case of a unit of local government) sub17 mit a report to the Election Assistance Commission 

18 on the combined number of absentee ballots trans19 mitted to absent uniformed services voters and over20 seas voters for the election and the combined num21 ber of such ballots which were returned by such vot22 ers and cast in the election, and shall make such re23 port available to the general public that same day.’’. 


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1 SEC. 1402. ENFORCEMENT. 

2 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI3 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

4 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

5 20307) is amended to read as follows: 

6 ‘‘SEC. 105. ENFORCEMENT. 

7 ‘‘(a) ACTION BY ATTORNEY GENERAL.—The Attor8 ney General may bring civil action in an appropriate dis9 trict court for such declaratory or injunctive relief as may 

10 be necessary to carry out this title. 

11 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

12 aggrieved by a violation of this title may bring a civil ac13 tion in an appropriate district court for such declaratory 

14 or injunctive relief as may be necessary to carry out this 

15 title. 

16 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

17 any action brought under this section, the only necessary 

18 party defendant is the State, and it shall not be a defense 

19 to any such action that a local election official or a unit 

20 of local government is not named as a defendant, notwith21 standing that a State has exercised the authority described 

22 in section 576 of the Military and Overseas Voter Em23 powerment Act to delegate to another jurisdiction in the 

24 State any duty or responsibility which is the subject of 

25 an action brought under this section.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to violations alleged 

3 to have occurred on or after the date of the enactment 

4 of this Act. 

5 SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF 

6 WAIVER PROVISION. 

7 (a) IN GENERAL.—Paragraph (8) of section 102(a) 

8 of the Uniformed and Overseas Citizens Absentee Voting 

9 Act (52 U.S.C. 20302(a)) is amended to read as follows: 

10 ‘‘(8) transmit a validly requested absentee bal11 lot to an absent uniformed services voter or overseas 

12 voter by the date and in the manner determined 

13 under subsection (g);’’. 

14 (b) BALLOT TRANSMISSION REQUIREMENTS AND

15 REPEAL OF WAIVER PROVISION.—Subsection (g) of sec16 tion 102 of such Act (52 U.S.C. 20302(g)) is amended 

17 to read as follows: 

18 ‘‘(g) BALLOT TRANSMISSION REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—For purposes of subsection 

20 (a)(8), in the case in which a valid request for an 

21 absentee ballot is received at least 47 days before an 

22 election for Federal office, the following rules shall 

23 apply: 


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1 ‘‘(A) TRANSMISSION DEADLINE.—The 

2 State shall transmit the absentee ballot not 

3 later than 46 days before the election. 

4 ‘‘(B) SPECIAL RULES IN CASE OF FAILURE

5 TO TRANSMIT ON TIME.— 

6 ‘‘(i) IN GENERAL.—If the State fails 

7 to transmit any absentee ballot by the 46th 

8 day before the election as required by sub9 paragraph (A) and the absent uniformed 

10 services voter or overseas voter did not re11 quest electronic ballot transmission pursu12 ant to subsection (f), the State shall trans13 mit such ballot by express delivery. 

14 ‘‘(ii) EXTENDED FAILURE.—If the 

15 State fails to transmit any absentee ballot 

16 by the 41st day before the election, in ad17 dition to transmitting the ballot as pro18 vided in clause (i), the State shall— 

19 ‘‘(I) in the case of absentee bal20 lots requested by absent uniformed 

21 services voters with respect to regu22 larly scheduled general elections, no23 tify such voters of the procedures es24 tablished under section 103A for the 


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1 collection and delivery of marked ab2 sentee ballots; and 

3 ‘‘(II) in any other case, provide 

4 for the return of such ballot by ex5 press delivery. 

6 ‘‘(iii) COST OF EXPRESS DELIVERY.— 

7 In any case in which express delivery is re8 quired under this subparagraph, the cost 

9 of such express delivery— 

10 ‘‘(I) shall not be paid by the 

11 voter; and 

12 ‘‘(II) if determined appropriate 

13 by the chief State election official, 

14 may be required by the State to be 

15 paid by a local jurisdiction. 

16 ‘‘(iv) EXCEPTION.—Clause (ii)(II) 

17 shall not apply when an absent uniformed 

18 services voter or overseas voter indicates 

19 the preference to return the late sent ab20 sentee ballot by electronic transmission in 

21 a State that permits return of an absentee 

22 ballot by electronic transmission. 

23 ‘‘(v) ENFORCEMENT.—A State’s com24 pliance with this subparagraph does not 

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1 ditional remedies necessary to fully resolve 

2 or prevent ongoing, future, or systematic 

3 violations of this provision or to effectuate 

4 the purposes of this Act. 

5 ‘‘(C) SPECIAL PROCEDURE IN EVENT OF

6 DISASTER.—If a disaster (hurricane, tornado, 

7 earthquake, storm, volcanic eruption, landslide, 

8 fire, flood, or explosion), or an act of terrorism 

9 prevents the State from transmitting any ab10 sentee ballot by the 46th day before the election 

11 as required by subparagraph (A), the chief 

12 State election official shall notify the Attorney 

13 General as soon as practicable and take all ac14 tions necessary, including seeking any necessary 

15 judicial relief, to ensure that affected absent 

16 uniformed services voters and overseas voters 

17 are provided a reasonable opportunity to receive 

18 and return their absentee ballots in time to be 

19 counted. 

20 ‘‘(2) REQUESTS RECEIVED AFTER 47TH DAY

21 BEFORE ELECTION.—For purposes of subsection 

22 (a)(8), in the case in which a valid request for an 

23 absentee ballot is received less than 47 days but not 

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1 fice, the State shall transmit the absentee ballot 

2 within one business day of receipt of the request.’’. 

3 SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICA4 TION FOR SUBSEQUENT ELECTIONS. 

5 (a) IN GENERAL.—Section 104 of the Uniformed and 

6 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

7 is amended to read as follows: 

8 ‘‘SEC. 104. TREATMENT OF BALLOT REQUESTS. 

9 ‘‘(a) IN GENERAL.—If a State accepts and processes 

10 an official post card form (prescribed under section 101) 

11 submitted by an absent uniformed services voter or over12 seas voter for simultaneous voter registration and absen13 tee ballot application (in accordance with section 

14 102(a)(4)) and the voter requests that the application be 

15 considered an application for an absentee ballot for each 

16 subsequent election for Federal office held in the State 

17 through the end of the calendar year following the next 

18 regularly scheduled general election for Federal office, the 

19 State shall provide an absentee ballot to the voter for each 

20 such subsequent election. 

21 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA22 TION.—Subsection (a) shall not apply with respect to a 

23 voter registered to vote in a State for any election held 

24 after the voter notifies the State that the voter no longer 

25 wishes to be registered to vote in the State or after the 


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1 State determines that the voter has registered to vote in 

2 another State or is otherwise no longer eligible to vote in 

3 the State. 

4 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

5 GROUNDS OF EARLY SUBMISSION.—A State may not 

6 refuse to accept or to process, with respect to any election 

7 for Federal office, any otherwise valid voter registration 

8 application or absentee ballot application (including the 

9 postcard form prescribed under section 101) submitted by 

10 an absent uniformed services voter or overseas voter on 

11 the grounds that the voter submitted the application be12 fore the first date on which the State otherwise accepts 

13 or processes such applications for that election which are 

14 submitted by absentee voters who are not members of the 

15 uniformed services or overseas citizens.’’. 

16 (b) REQUIREMENT FOR REVISION TO POSTCARD

17 FORM.— 

18 (1) IN GENERAL.—The Presidential designee 

19 shall ensure that the official postcard form pre20 scribed under section 101(b)(2) of the Uniformed 

21 and Overseas Citizens Absentee Voting Act (52 

22 U.S.C. 20301(b)(2)) enables a voter using the form 

23 to— 

24 (A) request an absentee ballot for each 

25 election for Federal office held in a State 


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1 through the end of the calendar year following 

2 the next regularly scheduled general election for 

3 Federal office; or 

4 (B) request an absentee ballot for a spe5 cific election or elections for Federal office held 

6 in a State during the period described in sub7 paragraph (A). 

8 (2) PRESIDENTIAL DESIGNEE.—For purposes 

9 of this paragraph, the term ‘‘Presidential designee’’ 

10 means the individual designated under section 

11 101(a) of the Uniformed and Overseas Citizens Ab12 sentee Voting Act (52 U.S.C. 20301(a)). 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall apply with respect to voter registration 

15 and absentee ballot applications which are submitted to 

16 a State or local election official on or after the date of 

17 the enactment of this Act. 

18 SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR 

19 VOTING PURPOSES TO FAMILY MEMBERS OF 

20 ABSENT MILITARY PERSONNEL. 

21 Section 102 of the Uniformed and Overseas Citizens 

22 Absentee Voting Act (52 U.S.C. 20302), as amended by 

23 section 1302, is amended by adding at the end the fol24 lowing new subsection: 


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1 ‘‘(i) GUARANTEE OF RESIDENCY FOR SPOUSES AND

2 DEPENDENTS OF ABSENT MEMBERS OF UNIFORMED

3 SERVICE.—For the purposes of voting in any election for 

4 any Federal office or any State or local office, a spouse 

5 or dependent of an individual who is an absent uniformed 

6 services voter described in subparagraph (A) or (B) of sec7 tion 107(1) shall not, solely by reason of that individual’s 

8 absence and without regard to whether or not such spouse 

9 or dependent is accompanying that individual— 

10 ‘‘(1) be deemed to have lost a residence or 

11 domicile in that State, without regard to whether or 

12 not that individual intends to return to that State; 

13 ‘‘(2) be deemed to have acquired a residence or 

14 domicile in any other State; or 

15 ‘‘(3) be deemed to have become a resident in or 

16 a resident of any other State.’’. 

17 SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO 

18 MILITARY AND OVERSEAS VOTER EMPOWER19 MENT ACT AMENDMENTS RELATED TO THE 

20 FEDERAL WRITE-IN ABSENTEE BALLOT. 

21 (a) IN GENERAL.—Section 102(a)(3) of the Uni22 formed and Overseas Citizens Absentee Voting Act (52 

23 U.S.C. 20302(a)(3)) is amended by striking ‘‘general elec24 tions’’ and inserting ‘‘general, special, primary, and runoff 

25 elections’’. 


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1 (b) CONFORMING AMENDMENT.—Section 103 of 

2 such Act (52 U.S.C. 20303) is amended— 

3 (1) in subsection (b)(2)(B), by striking ‘‘gen4 eral’’; and 

5 (2) in the heading thereof, by striking ‘‘GEN6 ERAL’’. 

7 SEC. 1407. TREATMENT OF POST CARD REGISTRATION RE8 QUESTS. 

9 Section 102 of the Uniformed and Overseas Citizens 

10 Absentee Voting Act (52 U.S.C. 20302), as amended by 

11 sections 1302 and 1405, is amended by adding at the end 

12 the following new subsection: 

13 ‘‘(j) TREATMENT OF POST CARD REGISTRATIONS.— 

14 A State shall not remove any absent uniformed services 

15 voter or overseas voter who has registered to vote using 

16 the official post card form (prescribed under section 101) 

17 from the official list of registered voters except in accord18 ance with subparagraph (A), (B), or (C) of section 8(a)(3) 

19 of the National Voter Registration Act of 1993 (52 U.S.C. 

20 20507).’’. 

21 SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER 

22 DISENFRANCHISEMENT. 

23 (a) IN GENERAL.—Not later than 1 year of enact24 ment of this Act, the Presidential designee shall submit 

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1 in voting on the ability of active duty military 

2 servicemembers to vote, how quickly their votes are count3 ed, and whether higher volumes of mail-in votes makes 

4 it harder for such individuals to vote in elections for Fed5 eral elections. 

6 (b) PRESIDENTIAL DESIGNEE.—For purposes of this 

7 section, the term ‘‘Presidential designee’’ means the indi8 vidual designated under section 101(a) of the Uniformed 

9 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

10 20301(a)). 

11 SEC. 1409. EFFECTIVE DATE. 

12 Except as provided in section 1402(b) and section 

13 1404(c), the amendments made by this subtitle shall apply 

14 with respect to elections occurring on or after January 1, 

15 2022. 

16 Subtitle F—Enhancement of 

17 Enforcement 

18 SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP 

19 AMERICA VOTE ACT OF 2002. 

20 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

21 OF ACTION.—Section 401 of the Help America Vote Act 

22 of 2002 (52 U.S.C. 21111) is amended— 

23 (1) by striking ‘‘The Attorney General’’ and in24 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

25 and 


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1 (2) by adding at the end the following new sub2 sections: 

3 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER4 SONS.—A person who is aggrieved by a violation of title 

5 III which has occurred, is occurring, or is about to occur 

6 may file a written, signed, notarized complaint with the 

7 Attorney General describing the violation and requesting 

8 the Attorney General to take appropriate action under this 

9 section. The Attorney General shall immediately provide 

10 a copy of a complaint filed under the previous sentence 

11 to the entity responsible for administering the State-based 

12 administrative complaint procedures described in section 

13 402(a) for the State involved. 

14 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC15 TION.—Any person who is authorized to file a complaint 

16 under subsection (b) (including any individual who seeks 

17 to enforce the individual’s right to a voter-verifiable paper 

18 ballot, the right to have the voter-verifiable paper ballot 

19 counted in accordance with this Act, or any other right 

20 under title III) may file an action under section 1979 of 

21 the Revised Statutes of the United States (42 U.S.C. 

22 1983) to enforce the uniform and nondiscriminatory elec23 tion technology and administration requirements under 

24 subtitle A of title III. 


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1 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

2 in this section may be construed to affect the availability 

3 of the State-based administrative complaint procedures re4 quired under section 402 to any person filing a complaint 

5 under this subsection.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply with respect to violations occurring 

8 with respect to elections for Federal office held in 2022 

9 or any succeeding year. 

10 Subtitle G—Promoting Voter Ac11 cess Through Election Adminis12 tration Modernization Improve13 ments 

14 PART 1—PROMOTING VOTER ACCESS 

15 SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR 

16 VOTERS AFFECTED BY POLLING PLACE 

17 CHANGES. 

18 (a) REQUIREMENTS.—Section 302 of the Help Amer19 ica Vote Act of 2002 (52 U.S.C. 21082) is amended— 

20 (1) by redesignating subsection (d) as sub21 section (e); and 

22 (2) by inserting after subsection (c) the fol23 lowing new subsection: 

24 ‘‘(d) MINIMUM NOTIFICATION REQUIREMENTS FOR

25 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 


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1 ‘‘(1) REQUIREMENT FOR PRECINCT-BASED

2 POLLING.— 

3 ‘‘(A) IN GENERAL.—If an applicable indi4 vidual has been assigned to a polling place that 

5 is different than the polling place that such in6 dividual was assigned with respect to the most 

7 recent past election for Federal office in which 

8 the individual was eligible to vote— 

9 ‘‘(i) the appropriate election official 

10 shall, not later than 2 days before the be11 ginning of an early voting period— 

12 ‘‘(I) notify the individual of the 

13 location of the polling place not later 

14 than 2 days before the beginning of 

15 an early voting period; and 

16 ‘‘(II) post a general notice on the 

17 website of the State or jurisdiction, on 

18 social media platforms (if available), 

19 and on signs a the prior polling place; 

20 and 

21 ‘‘(ii) if such assignment is made after 

22 the date which is 2 days before the begin23 ning of an early voting period and the indi24 vidual appears on the date of the election 

25 at the polling place to which the individual 


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1 was previously assigned, the jurisdiction 

2 shall make every reasonable effort to en3 able the individual to vote a ballot on the 

4 date of the election without the use of a 

5 provisional ballot. 

6 ‘‘(B) APPLICABLE INDIVIDUAL.—For pur7 poses of subparagraph (A), the term ‘applicable 

8 individual’ means, with respect to any election 

9 for Federal office, any individual— 

10 ‘‘(i) who is registered to vote in a ju11 risdiction for such election and was reg12 istered to vote in such jurisdiction for the 

13 most recent past election for Federal of14 fice; and 

15 ‘‘(ii) whose voter registration address 

16 has not changed since such most recent 

17 past election for Federal office. 

18 ‘‘(C) METHODS OF NOTIFICATION.—The 

19 appropriate election official shall notify an indi20 vidual under clause (i)(I) of subparagraph (A) 

21 by mail, telephone, and (if available) text mes22 sage and electronic mail. 

23 ‘‘(2) REQUIREMENTS FOR VOTE CENTERS.—In 

24 the case of a jurisdiction in which individual are not 

25 assigned to specific polling places, not later than 2 


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1 days before the beginning of an early voting period, 

2 the appropriate election official shall notify each 

3 voter eligible to vote in such jurisdiction of the loca4 tion of all polling places at which the individual may 

5 vote. 

6 ‘‘(3) NOTICE WITH RESPECT TO CLOSED POLL7 ING PLACES.— 

8 ‘‘(A) IN GENERAL.—If a location which 

9 served as a polling place for an election for 

10 Federal office in a State does not serve as a 

11 polling place in the next election for Federal of12 fice held in the State, the State shall ensure 

13 that signs are posted at such location on the 

14 date of the election and during any early voting 

15 period for the election containing the following 

16 information: 

17 ‘‘(i) A statement that the location is 

18 not serving as a polling place in the elec19 tion. 

20 ‘‘(ii) The locations serving as polling 

21 places in the election in the jurisdiction in22 volved. 

23 ‘‘(iii) The name and address of any 

24 substitute polling place serving the same 


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1 precinct and directions from the former 

2 polling place to the new polling place. 

3 ‘‘(iv) Contact information, including a 

4 telephone number and website, for the ap5 propriate State or local election official 

6 through which an individual may find the 

7 polling place to which the individual is as8 signed for the election. 

9 ‘‘(B) INTERNET POSTING.—Each State 

10 which is required to post signs under subpara11 graph (A) shall also provide such information 

12 through a website and through social media (if 

13 available). 

14 ‘‘(4) LINGUISTIC PREFERENCE.—The notices 

15 required under this subsection shall comply with the 

16 requirements of section 203 of the Voting Rights 

17 Act of 1965 (52 U.S.C. 10503). 

18 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

19 apply with respect to elections held on or after Janu20 ary 1, 2022.’’. 

21 (b) CONFORMING AMENDMENT.—Section 302(e) of 

22 such Act (52 U.S.C. 21082(e)), as redesignated by sub23 section (a), is amended by striking ‘‘Each State’’ and in24 serting ‘‘Except as provided in subsection (d)(4), each 

25 State’’. 


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1 SEC. 1602. ACCOMMODATIONS FOR VOTERS RESIDING IN 

2 INDIAN LANDS. 

3 (a) ACCOMMODATIONS DESCRIBED.— 

4 (1) DESIGNATION OF BALLOT PICKUP AND COL5 LECTION LOCATIONS.—Given the widespread lack of 

6 residential mail delivery in Indian Country, an In7 dian Tribe may designate buildings as ballot pickup 

8 and collection locations with respect to an election 

9 for Federal office at no cost to the Indian Tribe. An 

10 Indian Tribe may designate one building per pre11 cinct located within Indian lands. The applicable 

12 State or political subdivision shall collect ballots 

13 from those locations. The applicable State or polit14 ical subdivision shall provide the Indian Tribe with 

15 accurate precinct maps for all precincts located with16 in Indian lands 60 days before the election. 

17 (2) PROVISION OF MAIL-IN AND ABSENTEE

18 BALLOTS.—The State or political subdivision shall 

19 provide mail-in and absentee ballots with respect to 

20 an election for Federal office to each individual who 

21 is registered to vote in the election who resides on 

22 Indian lands in the State or political subdivision in23 volved without requiring a residential address or a 

24 mail-in or absentee ballot request. 

25 (3) USE OF DESIGNATED BUILDING AS RESI26 DENTIAL AND MAILING ADDRESS.—The address of a 


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1 designated building that is a ballot pickup and col2 lection location with respect to an election for Fed3 eral office may serve as the residential address and 

4 mailing address for voters living on Indian lands if 

5 the tribally designated building is in the same pre6 cinct as that voter. If there is no tribally designated 

7 building within a voter’s precinct, the voter may use 

8 another tribally designated building within the In9 dian lands where the voter is located. Voters using 

10 a tribally designated building outside of the voter’s 

11 precinct may use the tribally designated building as 

12 a mailing address and may separately designate the 

13 voter’s appropriate precinct through a description of 

14 the voter’s address, as specified in section 

15 9428.4(a)(2) of title 11, Code of Federal Regula16 tions. 

17 (4) LANGUAGE ACCESSIBILITY.—In the case of 

18 a State or political subdivision that is a covered 

19 State or political subdivision under section 203 of 

20 the Voting Rights Act of 1965 (52 U.S.C. 10503), 

21 that State or political subdivision shall provide ab22 sentee or mail-in voting materials with respect to an 

23 election for Federal office in the language of the ap24 plicable minority group as well as in the English lan25 guage, bilingual election voting assistance, and writVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 ten translations of all voting materials in the lan2 guage of the applicable minority group, as required 

3 by section 203 of the Voting Rights Act of 1965 (52 

4 U.S.C. 10503), as amended by subsection (b). 

5 (5) CLARIFICATION.—Nothing in this section 

6 alters the ability of an individual voter residing on 

7 Indian lands to request a ballot in a manner avail8 able to all other voters in the State. 

9 (6) DEFINITIONS.—In this section: 

10 (A) ELECTION FOR FEDERAL OFFICE.— 

11 The term ‘‘election for Federal office’’ means a 

12 general, special, primary or runoff election for 

13 the office of President or Vice President, or of 

14 Senator or Representative in, or Delegate or 

15 Resident Commissioner to, the Congress. 

16 (B) INDIAN.—The term ‘‘Indian’’ has the 

17 meaning given the term in section 4 of the In18 dian Self-Determination and Education Assist19 ance Act (25 U.S.C. 5304). 

20 (C) INDIAN LANDS.—The term ‘‘Indian 

21 lands’’ includes— 

22 (i) any Indian country of an Indian 

23 Tribe, as defined under section 1151 of 

24 title 18, United States Code; 


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1 (ii) any land in Alaska owned, pursu2 ant to the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1601 et seq.), by an 

4 Indian Tribe that is a Native village (as 

5 defined in section 3 of that Act (43 U.S.C. 

6 1602)) or by a Village Corporation that is 

7 associated with an Indian Tribe (as de8 fined in section 3 of that Act (43 U.S.C. 

9 1602)); 

10 (iii) any land on which the seat of the 

11 Tribal Government is located; and 

12 (iv) any land that is part or all of a 

13 Tribal designated statistical area associ14 ated with an Indian Tribe, or is part or all 

15 of an Alaska Native village statistical area 

16 associated with an Indian Tribe, as defined 

17 by the Census Bureau for the purposes of 

18 the most recent decennial census. 

19 (D) INDIAN TRIBE.—The term ‘‘Indian 

20 Tribe’’ has the meaning given the term ‘‘Indian 

21 tribe’’ in section 4 of the Indian Self-Deter22 mination and Education Assistance Act (25 

23 U.S.C. 5304). 


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1 (E) TRIBAL GOVERNMENT.—The term 

2 ‘‘Tribal Government’’ means the recognized 

3 governing body of an Indian Tribe. 

4 (7) ENFORCEMENT.— 

5 (A) ATTORNEY GENERAL.—The Attorney 

6 General may bring a civil action in an appro7 priate district court for such declaratory or in8 junctive relief as is necessary to carry out this 

9 subsection. 

10 (B) PRIVATE RIGHT OF ACTION.— 

11 (i) A person or Tribal Government 

12 who is aggrieved by a violation of this sub13 section may provide written notice of the 

14 violation to the chief election official of the 

15 State involved. 

16 (ii) An aggrieved person or Tribal 

17 Government may bring a civil action in an 

18 appropriate district court for declaratory 

19 or injunctive relief with respect to a viola20 tion of this subsection, if— 

21 (I) that person or Tribal Govern22 ment provides the notice described in 

23 clause (i); and 

24 (II)(aa) in the case of a violation 

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1 fore the date of an election for Fed2 eral office, the violation remains and 

3 90 days or more have passed since the 

4 date on which the chief election offi5 cial of the State receives the notice 

6 under clause (i); or 

7 (bb) in the case of a violation 

8 that occurs 120 days or less before 

9 the date of an election for Federal of10 fice, the violation remains and 20 

11 days or more have passed since the 

12 date on which the chief election offi13 cial of the State receives the notice 

14 under clause (i). 

15 (iii) In the case of a violation of this 

16 section that occurs 30 days or less before 

17 the date of an election for Federal office, 

18 an aggrieved person or Tribal Government 

19 may bring a civil action in an appropriate 

20 district court for declaratory or injunctive 

21 relief with respect to the violation without 

22 providing notice to the chief election offi23 cial of the State under clause (i). 


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1 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

2 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

3 is amended— 

4 (1) in subsection (b)(3)(C), by striking ‘‘1990’’ 

5 and inserting ‘‘2010’’; and 

6 (2) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN9 GUAGE OF A MINORITY GROUP.— 

10 ‘‘(1) IN GENERAL.—Whenever any State or po11 litical subdivision subject to the prohibition of sub12 section (b) of this section provides any registration 

13 or voting notices, forms, instructions, assistance, or 

14 other materials or information relating to the elec15 toral process, including ballots, it shall provide them 

16 in the language of the applicable minority group as 

17 well as in the English language. 

18 ‘‘(2) EXCEPTIONS.— 

19 ‘‘(A) In the case of a minority group that 

20 is not American Indian or Alaska Native and 

21 the language of that minority group is oral or 

22 unwritten, the State or political subdivision 

23 shall be required only to furnish, in the covered 

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1 lation of voting materials, or other information 

2 relating to registration and voting. 

3 ‘‘(B) In the case of a minority group that 

4 is American Indian or Alaska Native, the State 

5 or political subdivision shall be required only to 

6 furnish in the covered language oral instruc7 tions, assistance, or other information relating 

8 to registration and voting, including all voting 

9 materials, if the Tribal Government of that mi10 nority group has certified that the language of 

11 the applicable American Indian or Alaska Na12 tive language is presently unwritten or the 

13 Tribal Government does not want written trans14 lations in the minority language. 

15 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

16 WORKERS.—Notwithstanding paragraph (2), the 

17 State or political division may be required to provide 

18 written translations of voting materials, with the 

19 consent of any applicable Indian Tribe, to election 

20 workers to ensure that the translations from English 

21 to the language of a minority group are complete, 

22 accurate, and uniform.’’. 

23 (c) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall apply with respect to the 

25 regularly scheduled general election for Federal office held 


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1 in November 2022 and each succeeding election for Fed2 eral office. 

3 SEC. 1603. APPLICABILITY TO COMMONWEALTH OF THE 

4 NORTHERN MARIANA ISLANDS. 

5 Paragraphs (6) and (8) of section 107 of the Uni6 formed and Overseas Citizens Absentee Voting Act (52 

7 U.S.C. 20310) are each amended by striking ‘‘and Amer8 ican Samoa’’ and inserting ‘‘American Samoa, and the 

9 Commonwealth of the Northern Mariana Islands’’. 

10 SEC. 1604. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN 

11 GENERAL ELECTION AND RUNOFF ELECTION 

12 FOR FEDERAL ELECTIONS IN THE VIRGIN IS13 LANDS AND GUAM. 

14 Section 2 of the Act entitled ‘‘An Act to provide that 

15 the unincorporated territories of Guam and the Virgin Is16 lands shall each be represented in Congress by a Delegate 

17 to the House of Representatives’’, approved April 10, 

18 1972 (48 U.S.C. 1712), is amended— 

19 (1) by striking ‘‘(a) The Delegate’’ and insert20 ing ‘‘The Delegate’’; 

21 (2) by striking ‘‘on the fourteenth day following 

22 such an election’’ in the fourth sentence of sub23 section (a); and 

24 (3) by striking subsection (b). 


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1 SEC. 1605. APPLICATION OF FEDERAL ELECTION ADMINIS2 TRATION LAWS TO TERRITORIES OF THE 

3 UNITED STATES. 

4 (a) NATIONAL VOTER REGISTRATION ACT OF

5 1993.—Section 3(4) of the National Voter Registration 

6 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

7 ‘‘States and the District of Columbia’’ and inserting 

8 ‘‘States, the District of Columbia, the Commonwealth of 

9 Puerto Rico, Guam, American Samoa, the United States 

10 Virgin Islands, and the Commonwealth of the Northern 

11 Mariana Islands’’. 

12 (b) HELP AMERICA VOTE ACT OF 2002.— 

13 (1) COVERAGE OF COMMONWEALTH OF THE

14 NORTHERN MARIANA ISLANDS.—Section 901 of the 

15 Help America Vote Act of 2002 (52 U.S.C. 21141) 

16 is amended by striking ‘‘and the United States Vir17 gin Islands’’ and inserting ‘‘the United States Virgin 

18 Islands, and the Commonwealth of the Northern 

19 Mariana Islands’’. 

20 (2) CONFORMING AMENDMENTS TO HELP

21 AMERICA VOTE ACT OF 2002.—Such Act is further 

22 amended as follows: 

23 (A) The second sentence of section 

24 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 

25 by striking ‘‘and American Samoa’’ and insertVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 ing ‘‘American Samoa, and the Commonwealth 

2 of the Northern Mariana Islands’’. 

3 (B) Section 252(c)(2) (52 U.S.C. 

4 21002(c)(2)) is amended by striking ‘‘or the 

5 United States Virgin Islands’’ and inserting 

6 ‘‘the United States Virgin Islands, or the Com7 monwealth of the Northern Mariana Islands’’. 

8 (3) CONFORMING AMENDMENT RELATING TO

9 CONSULTATION OF HELP AMERICA VOTE FOUNDA10 TION WITH LOCAL ELECTION OFFICIALS.—Section 

11 90102(c) of title 36, United States Code, is amend12 ed by striking ‘‘and the United States Virgin Is13 lands’’ and inserting ‘‘the United States Virgin Is14 lands, and the Commonwealth of the Northern Mar15 iana Islands’’. 

16 SEC. 1606. APPLICATION OF FEDERAL VOTER PROTECTION 

17 LAWS TO TERRITORIES OF THE UNITED 

18 STATES. 

19 (a) INTIMIDATION OF VOTERS.—Section 594 of title 

20 18, United States Code, is amended by striking ‘‘Delegate 

21 from the District of Columbia, or Resident Commis22 sioner,’’ and inserting ‘‘or Delegate or Resident Commis23 sioner to the Congress’’. 

24 (b) INTERFERENCE BY GOVERNMENT EMPLOY25 EES.—Section 595 of title 18, United States Code, is 


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1 amended by striking ‘‘Delegate from the District of Co2 lumbia, or Resident Commissioner,’’ and inserting ‘‘or 

3 Delegate or Resident Commissioner to the Congress’’. 

4 (c) VOTING BY NONCITIZENS.—Section 611(a) of 

5 title 18, United States Code, is amended by striking ‘‘Del6 egate from the District of Columbia, or Resident Commis7 sioner,’’ and inserting ‘‘or Delegate or Resident Commis8 sioner to the Congress’’. 

9 SEC. 1607. ENSURING EQUITABLE AND EFFICIENT OPER10 ATION OF POLLING PLACES. 

11 (a) IN GENERAL.— 

12 (1) REQUIREMENT.—Subtitle A of title III of 

13 the Help America Vote Act of 2002 (52 U.S.C. 

14 21081 et seq.), as amended by section 1031(a), sec15 tion 1044(a), section 1101(a), section 1102(a), sec16 tion 1103(a), section 1104(a), section 1201(a), sec17 tion 1301(a), section 1302(a), section 1303(b), and 

18 section 1305(a), is amended— 

19 (A) by redesignating sections 315 and 316 

20 as sections 316 and 317, respectively; and 

21 (B) by inserting after section 314 the fol22 lowing new section: 


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1 ‘‘SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPER2 ATION OF POLLING PLACES. 

3 ‘‘(a) PREVENTING UNREASONABLE WAITING TIMES

4 FOR VOTERS.— 

5 ‘‘(1) IN GENERAL.—Each State or jurisdiction 

6 shall take reasonable efforts to provide a sufficient 

7 number of voting systems, poll workers, and other 

8 election resources (including physical resources) at a 

9 polling place used in any election for Federal office, 

10 including a polling place at which individuals may 

11 cast ballots prior to the date of the election, to en12 sure— 

13 ‘‘(A) a fair and equitable waiting time for 

14 all voters in the State or jurisdiction; and 

15 ‘‘(B) that no individual will be required to 

16 wait longer than 30 minutes to cast a ballot at 

17 the polling place. 

18 ‘‘(2) CRITERIA.—In determining the number of 

19 voting systems, poll workers, and other election re20 sources provided at a polling place for purposes of 

21 paragraph (1), the State or jurisdiction shall take 

22 into account the following factors: 

23 ‘‘(A) The voting age population. 

24 ‘‘(B) Voter turnout in past elections. 

25 ‘‘(C) The number of voters registered. 


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1 ‘‘(D) The number of voters who have reg2 istered since the most recent Federal election. 

3 ‘‘(E) Census data for the population served 

4 by the polling place, such as the proportion of 

5 the voting-age population who are under 25 

6 years of age or who are naturalized citizens. 

7 ‘‘(F) The needs and numbers of voters 

8 with disabilities and voters with limited English 

9 proficiency. 

10 ‘‘(G) The type of voting systems used. 

11 ‘‘(H) The length and complexity of initia12 tives, referenda, and other questions on the bal13 lot. 

14 ‘‘(I) Such other factors, including relevant 

15 demographic factors relating to the population 

16 served by the polling place, as the State con17 siders appropriate. 

18 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

19 this subsection may be construed— 

20 ‘‘(A) to authorize a State or jurisdiction to 

21 meet the requirements of this subsection by 

22 closing any polling place, prohibiting an indi23 vidual from entering a line at a polling place, 

24 or refusing to permit an individual who has arVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 rived at a polling place prior to closing time 

2 from voting at the polling place; or 

3 ‘‘(B) to limit the use of mobile voting cen4 ters. 

5 ‘‘(b) LIMITING VARIATIONS ON NUMBER OF HOURS

6 OF OPERATION OF POLLING PLACES WITHIN A STATE.— 

7 ‘‘(1) LIMITATION.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B) and paragraph (2), each 

10 State shall establish hours of operation for all 

11 polling places in the State on the date of any 

12 election for Federal office held in the State 

13 such that the polling place with the greatest 

14 number of hours of operation on such date is 

15 not in operation for more than 2 hours longer 

16 than the polling place with the fewest number 

17 of hours of operation on such date. 

18 ‘‘(B) PERMITTING VARIANCE ON BASIS OF

19 POPULATION.—Subparagraph (A) does not 

20 apply to the extent that the State establishes 

21 variations in the hours of operation of polling 

22 places on the basis of the overall population or 

23 the voting age population (as the State may se24 lect) of the unit of local government in which 

25 such polling places are located. 


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1 ‘‘(2) EXCEPTIONS FOR POLLING PLACES WITH

2 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN3 MENT.—Paragraph (1) does not apply in the case of 

4 a polling place— 

5 ‘‘(A) whose hours of operation are estab6 lished, in accordance with State law, by the unit 

7 of local government in which the polling place 

8 is located; or 

9 ‘‘(B) which is required pursuant to an 

10 order by a court to extend its hours of oper11 ation beyond the hours otherwise established. 

12 ‘‘(c) EFFECTIVE DATE.—This section shall take ef13 fect upon the expiration of the 180-day period which be14 gins on the date of the enactment of this subsection.’’. 

15 (2) CONFORMING AMENDMENTS RELATING TO

16 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION

17 ASSISTANCE COMMISSION.—Section 321(b) of such 

18 Act (52 U.S.C. 21101(b)), as redesignated and 

19 amended by section 1101(b) and as amended by sec20 tions, 1102, 1103, 1104, and 1201, is amended— 

21 (A) by striking ‘‘and’’ at the end of para22 graph (4); 

23 (B) by redesignating paragraph (5) as 

24 paragraph (6); 


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1 (C) in paragraph (6), as so redesignated, 

2 by striking ‘‘paragraph (4)’’ and inserting 

3 ‘‘paragraph (4) or (5)’’; and 

4 (D) by inserting after paragraph (4) the 

5 following new paragraph: 

6 ‘‘(5) in the case of the recommendations with 

7 respect to section 315, 180 days after the date of 

8 the enactment of such section; and’’. 

9 (3) CLERICAL AMENDMENTS.—The table of 

10 contents of such Act, as amended by section 

11 1031(c), section 1044(b), section 1101(c), section 

12 1102(c), section 1103(a), section 1104(c), section 

13 1201(c), section 1301(a), section 1302(a), section 

14 1303(b), and section 1305(b), is amended— 

15 (A) by redesignating the items relating to 

16 sections 315 and 316 as relating to sections 

17 316 and 317, respectively; and 

18 (B) by inserting after the item relating to 

19 section 314 the following new item: 

‘‘Sec. 315. Ensuring equitable and efficient operation of polling places.’’. 

20 (b) STUDY OF METHODS TO ENFORCE FAIR AND EQ21 UITABLE WAITING TIMES.— 

22 (1) STUDY.—The Election Assistance Commis23 sion and the Comptroller General of the United 

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1 ments of section 315(a) of the Help America Vote 

2 Act of 2002, as added by subsection (a), including 

3 methods of best allocating resources to jurisdictions 

4 which have had the most difficulty in providing a 

5 fair and equitable waiting time at polling places to 

6 all voters, and to communities of color in particular. 

7 (2) REPORT.—Not later than 18 months after 

8 the date of the enactment of this Act, the Election 

9 Assistance Commission and the Comptroller General 

10 of the United States shall publish and submit to 

11 Congress a report on the study conducted under 

12 paragraph (1). 

13 SEC. 1608. PROHIBITING STATES FROM RESTRICTING 

14 CURBSIDE VOTING. 

15 (a) REQUIREMENT.—Subtitle A of title III of the 

16 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

17 as amended by section 1031(a), section 1044(a), section 

18 1101(a), section 1102(a), section 1103(a), section 

19 1104(a), section 1201(a), section 1301(a), section 

20 1302(a), section 1303(b), section 1305(a), and section 

21 1607(a)(1), is amended— 

22 (1) by redesignating sections 316 and 317 as 

23 sections 317 and 318, respectively; and 

24 (2) by inserting after section 315 the following 

25 new section: 


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1 ‘‘SEC. 316. PROHIBITING STATES FROM RESTRICTING 

2 CURBSIDE VOTING. 

3 ‘‘(a) PROHIBITION.—A State may not— 

4 ‘‘(1) prohibit any jurisdiction administering an 

5 election for Federal office in the State from utilizing 

6 curbside voting as a method by which individuals 

7 may cast ballots in the election; or 

8 ‘‘(2) impose any restrictions which would ex9 clude any individual who is eligible to vote in such 

10 an election in a jurisdiction which utilizes curbside 

11 voting from casting a ballot in the election by the 

12 method of curbside voting. 

13 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

14 with respect to the regularly scheduled general election for 

15 Federal office held in November 2022 and each succeeding 

16 election for Federal office.’’. 

17 (b) CLERICAL AMENDMENTS.—The table of contents 

18 of such Act, as amended by section 1031(c), section 

19 1044(b), section 1101(c), section 1102(c), section 

20 1103(a), section 1104(c), section 1201(c), section 

21 1301(a), section 1302(a), section 1303(b), section 

22 1305(a), and section 1607(a)(3), is amended— 

23 (1) by redesignating the items relating to sec24 tions 316 and 317 as relating to sections 317 and 

25 318, respectively; and 


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1 (2) by inserting after the item relating to sec2 tion 315 the following new item: 

‘‘Sec. 316. Prohibiting States from restricting curbside voting.’’. 

3 PART 2—IMPROVEMENTS IN OPERATION OF 

4 ELECTION ASSISTANCE COMMISSION 

5 SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE 

6 COMMISSION. 

7 Section 210 of the Help America Vote Act of 2002 

8 (52 U.S.C. 20930) is amended— 

9 (1) by striking ‘‘for each of the fiscal years 

10 2003 through 2005’’ and inserting ‘‘for fiscal year 

11 2021 and each succeeding fiscal year’’; and 

12 (2) by striking ‘‘(but not to exceed $10,000,000 

13 for each such year)’’. 

14 SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS 

15 OF ELECTION ASSISTANCE COMMISSION. 

16 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

17 AND CYBERSECURITY.—Not later than December 31, 

18 2021, the Election Assistance Commission shall carry out 

19 an assessment of the security and effectiveness of the 

20 Commission’s information technology systems, including 

21 the cybersecurity of such systems. 

22 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

23 PROCEDURES.— 

24 (1) REVIEW OF PROCEDURES.—The Election 

25 Assistance Commission shall carry out a review of 


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1 the effectiveness and efficiency of the State-based 

2 administrative complaint procedures established and 

3 maintained under section 402 of the Help America 

4 Vote Act of 2002 (52 U.S.C. 21112) for the inves5 tigation and resolution of allegations of violations of 

6 title III of such Act. 

7 (2) RECOMMENDATIONS TO STREAMLINE PRO8 CEDURES.—Not later than December 31, 2021, the 

9 Commission shall submit to Congress a report on 

10 the review carried out under paragraph (1), and 

11 shall include in the report such recommendations as 

12 the Commission considers appropriate to streamline 

13 and improve the procedures which are the subject of 

14 the review. 

15 SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSIST16 ANCE COMMISSION FROM CERTAIN GOVERN17 MENT CONTRACTING REQUIREMENTS. 

18 (a) IN GENERAL.—Section 205 of the Help America 

19 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik20 ing subsection (e). 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply with respect to contracts entered 

23 into by the Election Assistance Commission on or after 

24 the date of the enactment of this Act. 


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1 PART 3—MISCELLANEOUS PROVISIONS 

2 SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OF3 FICE. 

4 (a) DEFINITION.—Title IX of the Help America Vote 

5 Act of 2002 (52 U.S.C. 21141 et seq.) is amended by add6 ing at the end the following new section: 

7 ‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 

8 ‘‘For purposes of titles I through III, the term ‘elec9 tion for Federal office’ means a general, special, primary, 

10 or runoff election for the office of President or Vice Presi11 dent, or of Senator or Representative in, or Delegate or 

12 Resident Commissioner to, the Congress.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 of such Act is amended by adding at the end of the items 

15 relating to title IX the following new item: 

‘‘Sec. 907. Election for Federal office defined.’’. 

16 SEC. 1622. NO EFFECT ON OTHER LAWS. 

17 (a) IN GENERAL.—Except as specifically provided, 

18 nothing in this title may be construed to authorize or re19 quire conduct prohibited under any of the following laws, 

20 or to supersede, restrict, or limit the application of such 

21 laws: 

22 (1) The Voting Rights Act of 1965 (52 U.S.C. 

23 10301 et seq.). 

24 (2) The Voting Accessibility for the Elderly and 

25 Handicapped Act (52 U.S.C. 20101 et seq.). 


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1 (3) The Uniformed and Overseas Citizens Ab2 sentee Voting Act (52 U.S.C. 20301 et seq.). 

3 (4) The National Voter Registration Act of 

4 1993 (52 U.S.C. 20501 et seq.). 

5 (5) The Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12101 et seq.). 

7 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

8 701 et seq.). 

9 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE10 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap11 proval by any person of a payment or grant application 

12 under this title, or any other action taken by any person 

13 under this title, shall not be considered to have any effect 

14 on requirements for preclearance under section 5 of the 

15 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 

16 requirements of such Act. 

17 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO18 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 

19 in this title or the amendments made by this title may 

20 be construed to prohibit any State from enacting any law 

21 which provides greater opportunities for individuals to reg22 ister to vote and to vote in elections for Federal office than 

23 are provided by this title and the amendments made by 

24 this title. 


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1 SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES 

2 WITHOUT VOTER REGISTRATION. 

3 To the extent that any provision of this title or any 

4 amendment made by this title imposes a requirement on 

5 a State relating to registering individuals to vote in elec6 tions for Federal office, such provision shall not apply in 

7 the case of any State in which, under law that is in effect 

8 continuously on and after the date of the enactment of 

9 this Act, there is no voter registration requirement for any 

10 voter in the State with respect to an election for Federal 

11 office. 

12 SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES 

13 WHICH DO NOT COLLECT TELEPHONE INFOR14 MATION. 

15 (a) AMENDMENT TO HELP AMERICA VOTE ACT OF

16 2002.—Subtitle A of title III of the Help America Vote 

17 Act of 2002 (52 U.S.C. 21081 et seq.), as amended by 

18 section 1031(a), section 1044(a), section 1101(a), section 

19 1102(a), section 1103(a), section 1104(a), section 

20 1201(a), section 1301(a), section 1302(a), section 

21 1303(b), section 1305(a), section 1607(a)(1), and section 

22 1608(a), is amended— 

23 (1) by redesignating sections 317 and 318 as 

24 sections 318 and 319, respectively; and 

25 (2) by inserting after section 316 the following 

26 new section: 


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1 ‘‘SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO 

2 STATES WHICH DO NOT COLLECT TELE3 PHONE INFORMATION. 

4 ‘‘(a) IN GENERAL.—To the extent that any provision 

5 of this title imposes a requirement on a State or jurisdic6 tion relating to contacting voters by telephone, such provi7 sion shall not apply in the case of any State which continu8 ously on and after the date of the enactment of this Act, 

9 does not collect telephone numbers for voters as part of 

10 voter registration in the State with respect to an election 

11 for Federal office. 

12 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply in 

13 any case in which the voter has voluntarily provided tele14 phone information.’’. 

15 (b) CLERICAL AMENDMENTS.—The table of contents 

16 of such Act, as amended by section 1031(c), section 

17 1044(b), section 1101(c), section 1102(c), section 

18 1103(a), section 1104(c), section 1201(c), section 

19 1301(a), section 1302(a), section 1303(b), section 

20 1305(a), section 1607(a)(3), and section 1608(b), is 

21 amended— 

22 (1) by redesignating the items relating to sec23 tions 317 and 318 as relating to sections 318 and 

24 319, respectively; and 

25 (2) by inserting after the item relating to sec26 tion 316 the following new item: 


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‘‘Sec. 317. Application of certain provisions to States which do not collect telephone information.’’. 

1 Subtitle H—Democracy Restoration 

2 SEC. 1701. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Democracy Res4 toration Act of 2021’’. 

5 SEC. 1702. FINDINGS. 

6 Congress makes the following findings: 

7 (1) The right to vote is the most basic constitu8 tive act of citizenship. Regaining the right to vote 

9 reintegrates individuals with criminal convictions 

10 into free society, helping to enhance public safety. 

11 (2) Article I, section 4, of the Constitution 

12 grants Congress ultimate supervisory power over 

13 Federal elections, an authority which has repeatedly 

14 been upheld by the United States Supreme Court. 

15 (3) Basic constitutional principles of fairness 

16 and equal protection require an equal opportunity 

17 for citizens of the United States to vote in Federal 

18 elections. The right to vote may not be abridged or 

19 denied by the United States or by any State on ac20 count of race, color, gender, or previous condition of 

21 servitude. The 13th, 14th, 15th, 19th, 24th, and 

22 26th Amendments to the Constitution empower Con23 gress to enact measures to protect the right to vote 

24 in Federal elections. The 8th Amendment to the 


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1 Constitution provides for no excessive bail to be re2 quired, nor excessive fines imposed, nor cruel and 

3 unusual punishments inflicted. 

4 (4) There are 3 areas in which discrepancies in 

5 State laws regarding criminal convictions lead to un6 fairness in Federal elections— 

7 (A) the lack of a uniform standard for vot8 ing in Federal elections leads to an unfair dis9 parity and unequal participation in Federal 

10 elections based solely on where a person lives; 

11 (B) laws governing the restoration of vot12 ing rights after a criminal conviction vary 

13 throughout the country and persons in some 

14 States can easily regain their voting rights 

15 while in other States persons effectively lose 

16 their right to vote permanently; and 

17 (C) State disenfranchisement laws dis18 proportionately impact racial and ethnic minori19 ties. 

20 (5) State disenfranchisement laws vary widely. 

21 Two States (Maine and Vermont) and the Common22 wealth of Puerto Rico do not disenfranchise individ23 uals with criminal convictions at all. In 2020, the 

24 District of Columbia re-enfranchised its citizens who 

25 are under the supervision of the Federal Bureau of 


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1 Prisons. Twenty-eight states disenfranchise certain 

2 individuals on felony probation or parole. In 11 

3 States, a conviction for certain offenses can result in 

4 lifetime disenfranchisement. 

5 (6) Several States deny the right to vote to in6 dividuals convicted of certain misdemeanors. 

7 (7) In 2020, an estimated 5,200,000 citizens of 

8 the United States, or about 1 in 44 adults in the 

9 United States, could not vote as a result of a felony 

10 conviction. Of the 5,200,000 citizens barred from 

11 voting then, only 24 percent were in prison. By con12 trast, 75 percent of persons disenfranchised then re13 sided in their communities while on probation or pa14 role or after having completed their sentences. Ap15 proximately 2,200,000 citizens who had completed 

16 their sentences were disenfranchised due to restric17 tive State laws. As of November 2018, the lifetime 

18 ban for persons with certain felony convictions was 

19 eliminated through a Florida ballot initiative. As a 

20 result, as many as 1,400,000 people are now eligible 

21 to have their voting rights restored. In 4 States— 

22 Alabama, Florida, Mississippi, and Tennessee—more 

23 than 7 percent of the total population is 

24 disenfranchised. 


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1 (8) In those States that disenfranchise individ2 uals post-sentence, the right to vote can be regained 

3 in theory, but in practice this possibility is often 

4 granted in a non-uniform and potentially discrimina5 tory manner. Disenfranchised individuals sometimes 

6 must either obtain a pardon or an order from the 

7 Governor or an action by the parole or pardon 

8 board, depending on the offense and State. Individ9 uals convicted of a Federal offense often have addi10 tional barriers to regaining voting rights. 

11 (9) Many felony disenfranchisement laws today 

12 derive directly from post-Civil War efforts to stifle 

13 the Fourteenth and Fifteenth Amendments. Between 

14 1865 and 1880, at least 14 states—Alabama, Ar15 kansas, Colorado, Florida, Georgia, Illinois, Mis16 sissippi, Missouri, Nebraska, New York, North Caro17 lina, South Carolina, Tennessee, and Texas—en18 acted or expanded their felony disenfranchisement 

19 laws. One of the primary goals of these laws was to 

20 prevent African Americans from voting. Of the 

21 states that enacted or expanded their felony dis22 enfranchisement laws during this post-Civil War pe23 riod, at least 11 continue to preclude persons on fel24 ony probation or parole from voting. 


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1 (10) State disenfranchisement laws dispropor2 tionately impact racial and ethnic minorities. In re3 cent years, African Americans have been imprisoned 

4 at over 5 times the rate of Whites. More than 6 per5 cent of the voting-age African-American population, 

6 or 1,800,000 African Americans, are disenfranchised 

7 due to a felony conviction. In 9 States—Alabama 

8 (16 percent), Arizona (13 percent), Florida (15 per9 cent), Kentucky (15 percent), Mississippi (16 per10 cent), South Dakota (14 percent), Tennessee (21 

11 percent), Virginia (16 percent), and Wyoming (36 

12 percent)—more than 1 in 8 African Americans are 

13 unable to vote because of a felony conviction, twice 

14 the national average for African Americans. 

15 (11) Latino citizens are also disproportionately 

16 disenfranchised based upon their disproportionate 

17 representation in the criminal justice system. In re18 cent years, Latinos have been imprisoned at 2.5 

19 times the rate of Whites. More than 2 percent of the 

20 voting-age Latino population, or 560,000 Latinos, 

21 are disenfranchised due to a felony conviction. In 34 

22 states Latinos are disenfranchised at a higher rate 

23 than the general population. In 11 states 4 percent 

24 or more of Latino adults are disenfranchised due to 

25 a felony conviction (Alabama, 4 percent; Arizona, 7 


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1 percent; Arkansas, 4 percent; Idaho, 4 percent; 

2 Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 

3 percent; Mississippi, 5 percent; Nebraska, 6 percent; 

4 Tennessee, 11 percent; Wyoming, 4 percent), twice 

5 the national average for Latinos. 

6 (12) Disenfranchising citizens who have been 

7 convicted of a criminal offense and who are living 

8 and working in the community serves no compelling 

9 State interest and hinders their rehabilitation and 

10 reintegration into society. 

11 (13) State disenfranchisement laws can sup12 press electoral participation among eligible voters by 

13 discouraging voting among family and community 

14 members of disenfranchised persons. Future elec15 toral participation by the children of disenfranchised 

16 parents may be impacted as well. Models of success17 ful re-entry for persons convicted of a crime empha18 size the importance of community ties, feeling vested 

19 and integrated, and prosocial attitudes. Individuals 

20 with criminal convictions who succeed in avoiding re21 cidivism are typically more likely to see themselves 

22 as law-abiding members of the community. Restora23 tion of voting rights builds those qualities and facili24 tates reintegration into the community. That is why 

25 allowing citizens with criminal convictions who are 


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1 living in a community to vote is correlated with a 

2 lower likelihood of recidivism. Restoration of voting 

3 rights thus reduces violence and protects public safe4 ty. 

5 (14) The United States is one of the only West6 ern democracies that permits the permanent denial 

7 of voting rights for individuals with felony convic8 tions. 

9 (15) The Eighth Amendment’s prohibition on 

10 cruel and unusual punishments ‘‘guarantees individ11 uals the right not to be subjected to excessive sanc12 tions.’’ (Roper v. Simmons, 543 U.S. 551, 560 

13 (2005)). That right stems from the basic precept of 

14 justice ‘‘that punishment for crime should be grad15 uated and proportioned to [the] offense.’’ Id. 

16 (quoting Weems v. United States, 217 U.S. 349, 367 

17 (1910)). As the Supreme Court has long recognized, 

18 ‘‘[t]he concept of proportionality is central to the 

19 Eighth Amendment.’’ (Graham v. Florida, 560 U.S. 

20 48, 59 (2010)). Many State disenfranchisement laws 

21 are grossly disproportional to the offenses that lead 

22 to disenfranchisement and thus violate the bar on 

23 cruel and unusual punishments. For example, a 

24 number of states mandate lifetime disenfranchise25 ment for a single felony conviction or just two felony 


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1 convictions, even where the convictions were for non2 violent offenses. In numerous other States, dis3 enfranchisement can last years or even decades while 

4 individuals remain on probation or parole, often only 

5 because a person cannot pay their legal financial ob6 ligations. These kinds of extreme voting bans run 

7 afoul of the Eighth Amendment. 

8 (16) The Twenty-Fourth Amendment provides 

9 that the right to vote ‘‘shall not be denied or 

10 abridged by the United States or any State by rea11 son of failure to pay any poll tax or other tax.’’. Sec12 tion 2 of the Twenty-Fourth Amendment gives Con13 gress the power to enforce this article by appropriate 

14 legislation. Court fines and fees that individuals 

15 must pay to have their voting rights restored con16 stitute an ‘‘other tax’’ for purposes of the Twenty17 Fourth Amendment. At least five States explicitly 

18 require the payment of fines and fees before individ19 uals with felony convictions can have their voting 

20 rights restored. More than 20 other states effectively 

21 tie the right to vote to the payment of fines and 

22 fees, by requiring that individuals complete their 

23 probation or parole before their rights are restored. 

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1 tended. Moreover, these states sometimes do not 

2 record the basis on which an individual’s probation 

3 or parole was extended, making it impossible to de4 termine from the State’s records whether non-pay5 ment of fines and fees is the reason that an indi6 vidual remains on probation or parole. For these 

7 reasons, the only way to ensure that States do not 

8 deny the right to vote based solely on non-payment 

9 of fines and fees is to prevent States from condi10 tioning voting rights on the completion of probation 

11 or parole. 

12 SEC. 1703. RIGHTS OF CITIZENS. 

13 The right of an individual who is a citizen of the 

14 United States to vote in any election for Federal office 

15 shall not be denied or abridged because that individual has 

16 been convicted of a criminal offense unless such individual 

17 is serving a felony sentence in a correctional institution 

18 or facility at the time of the election. 

19 SEC. 1704. ENFORCEMENT. 

20 (a) ATTORNEY GENERAL.—The Attorney General 

21 may, in a civil action, obtain such declaratory or injunctive 

22 relief as is necessary to remedy a violation of this subtitle. 

23 (b) PRIVATE RIGHT OF ACTION.— 

24 (1) IN GENERAL.—A person who is aggrieved 

25 by a violation of this subtitle may provide written 


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1 notice of the violation to the chief election official of 

2 the State involved. 

3 (2) RELIEF.—Except as provided in paragraph 

4 (3), if the violation is not corrected within 90 days 

5 after receipt of a notice under paragraph (1), or 

6 within 20 days after receipt of the notice if the viola7 tion occurred within 120 days before the date of an 

8 election for Federal office, the aggrieved person 

9 may, in a civil action, obtain declaratory or injunc10 tive relief with respect to the violation. 

11 (3) EXCEPTION.—If the violation occurred 

12 within 30 days before the date of an election for 

13 Federal office, the aggrieved person need not provide 

14 notice to the chief election official of the State under 

15 paragraph (1) before bringing a civil action to obtain 

16 declaratory or injunctive relief with respect to the 

17 violation. 

18 SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING 

19 RIGHTS. 

20 (a) STATE NOTIFICATION.— 

21 (1) NOTIFICATION.—On the date determined 

22 under paragraph (2), each State shall— 

23 (A) notify in writing any individual who 

24 has been convicted of a criminal offense under 

25 the law of that State that such individual— 


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1 (i) has the right to vote in an election 

2 for Federal office pursuant to the Democ3 racy Restoration Act of 2021; and 

4 (ii) may register to vote in any such 

5 election; and 

6 (B) provide such individual with any mate7 rials that are necessary to register to vote in 

8 any such election. 

9 (2) DATE OF NOTIFICATION.— 

10 (A) FELONY CONVICTION.—In the case of 

11 such an individual who has been convicted of a 

12 felony, the notification required under para13 graph (1) shall be given on the date on which 

14 the individual— 

15 (i) is sentenced to serve only a term 

16 of probation; or 

17 (ii) is released from the custody of 

18 that State (other than to the custody of 

19 another State or the Federal Government 

20 to serve a term of imprisonment for a fel21 ony conviction). 

22 (B) MISDEMEANOR CONVICTION.—In the 

23 case of such an individual who has been con24 victed of a misdemeanor, the notification re25 quired under paragraph (1) shall be given on 


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1 the date on which such individual is sentenced 

2 by a State court. 

3 (b) FEDERAL NOTIFICATION.— 

4 (1) NOTIFICATION.—Any individual who has 

5 been convicted of a criminal offense under Federal 

6 law— 

7 (A) shall be notified in accordance with 

8 paragraph (2) that such individual— 

9 (i) has the right to vote in an election 

10 for Federal office pursuant to the Democ11 racy Restoration Act of 2021; and 

12 (ii) may register to vote in any such 

13 election; and 

14 (B) shall be provided with any materials 

15 that are necessary to register to vote in any 

16 such election. 

17 (2) DATE OF NOTIFICATION.— 

18 (A) FELONY CONVICTION.—In the case of 

19 such an individual who has been convicted of a 

20 felony, the notification required under para21 graph (1) shall be given— 

22 (i) in the case of an individual who is 

23 sentenced to serve only a term of proba24 tion, by the Assistant Director for the Of25 fice of Probation and Pretrial Services of 


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1 the Administrative Office of the United 

2 States Courts on the date on which the in3 dividual is sentenced; or 

4 (ii) in the case of any individual com5 mitted to the custody of the Bureau of 

6 Prisons, by the Director of the Bureau of 

7 Prisons, during the period beginning on 

8 the date that is 6 months before such indi9 vidual is released and ending on the date 

10 such individual is released from the cus11 tody of the Bureau of Prisons. 

12 (B) MISDEMEANOR CONVICTION.—In the 

13 case of such an individual who has been con14 victed of a misdemeanor, the notification re15 quired under paragraph (1) shall be given on 

16 the date on which such individual is sentenced 

17 by a court established by an Act of Congress. 

18 SEC. 1706. DEFINITIONS. 

19 For purposes of this subtitle: 

20 (1) CORRECTIONAL INSTITUTION OR FACIL21 ITY.—The term ‘‘correctional institution or facility’’ 

22 means any prison, penitentiary, jail, or other institu23 tion or facility for the confinement of individuals 

24 convicted of criminal offenses, whether publicly or 

25 privately operated, except that such term does not 


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1 include any residential community treatment center 

2 (or similar public or private facility). 

3 (2) ELECTION.—The term ‘‘election’’ means— 

4 (A) a general, special, primary, or runoff 

5 election; 

6 (B) a convention or caucus of a political 

7 party held to nominate a candidate; 

8 (C) a primary election held for the selec9 tion of delegates to a national nominating con10 vention of a political party; or 

11 (D) a primary election held for the expres12 sion of a preference for the nomination of per13 sons for election to the office of President. 

14 (3) FEDERAL OFFICE.—The term ‘‘Federal of15 fice’’ means the office of President or Vice President 

16 of the United States, or of Senator or Representa17 tive in, or Delegate or Resident Commissioner to, 

18 the Congress of the United States. 

19 (4) PROBATION.—The term ‘‘probation’’ means 

20 probation, imposed by a Federal, State, or local 

21 court, with or without a condition on the individual 

22 involved concerning— 

23 (A) the individual’s freedom of movement; 

24 (B) the payment of damages by the indi25 vidual; 


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1 (C) periodic reporting by the individual to 

2 an officer of the court; or 

3 (D) supervision of the individual by an of4 ficer of the court. 

5 SEC. 1707. RELATION TO OTHER LAWS. 

6 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

7 Nothing in this subtitle may be construed to prohibit the 

8 States from enacting any State law which affords the right 

9 to vote in any election for Federal office on terms less 

10 restrictive than those established by this subtitle. 

11 (b) CERTAIN FEDERAL ACTS.—The rights and rem12 edies established by this subtitle— 

13 (1) are in addition to all other rights and rem14 edies provided by law, and 

15 (2) shall not supersede, restrict, or limit the ap16 plication of the Voting Rights Act of 1965 (52 

17 U.S.C. 10301 et seq.) or the National Voter Reg18 istration Act of 1993 (52 U.S.C. 20501 et seq.). 

19 SEC. 1708. FEDERAL PRISON FUNDS. 

20 No State, unit of local government, or other person 

21 may receive or use, to construct or otherwise improve a 

22 prison, jail, or other place of incarceration, any Federal 

23 funds unless that person has in effect a program under 

24 which each individual incarcerated in that person’s juris25 diction who is a citizen of the United States is notified, 


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1 upon release from such incarceration, of that individual’s 

2 rights under section 1703. 

3 SEC. 1709. EFFECTIVE DATE. 

4 This subtitle shall apply to citizens of the United 

5 States voting in any election for Federal office held after 

6 the date of the enactment of this Act. 

7 Subtitle I—Voter Identification and 

8 Allowable Alternatives 

9 SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION. 

10 (a) REQUIREMENT TO PROVIDE IDENTIFICATION AS

11 CONDITION OF RECEIVING BALLOT.—Section 303 of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21083) is 

13 amended by redesignating subsections (c) and (d) as sub14 sections (d) and (e), respectively, and by inserting after 

15 subsection (b) the following new subsection: 

16 ‘‘(c) VOTER IDENTIFICATION REQUIREMENTS.— 

17 ‘‘(1) VOTER IDENTIFICATION REQUIREMENT

18 DEFINED.—For purposes of this subsection: 

19 ‘‘(A) IN GENERAL.—The term ‘voter iden20 tification requirement’ means any requirement 

21 that an individual desiring to vote in person in 

22 an election for Federal office present identifica23 tion as a requirement to receive or cast a ballot 

24 in person in such election. 


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1 ‘‘(B) EXCEPTION.—Such term does not in2 clude any requirement described in subsection 

3 (b)(2)(A) as applied with respect to an indi4 vidual described in subsection (b)(1). 

5 ‘‘(2) IN GENERAL.—If a State or local jurisdic6 tion has a voter identification requirement, the State 

7 or local jurisdiction— 

8 ‘‘(A) shall treat any applicable identifying 

9 document as meeting such voter identification 

10 requirement; 

11 ‘‘(B) notwithstanding the failure to present 

12 an applicable identifying document, shall treat 

13 an individual desiring to vote in person in an 

14 election for Federal office as meeting such voter 

15 identification requirement if— 

16 ‘‘(i) the individual presents the appro17 priate State or local election official with a 

18 sworn written statement, signed in the 

19 presence of the official by an adult who 

20 has known the individual for at least six 

21 months under penalty of perjury, attesting 

22 to the individual’s identity; 

23 ‘‘(ii) the official has known the indi24 vidual for at least six months; or 


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1 ‘‘(iii) in the case of a residents of a 

2 State-licensed care facility, an employee of 

3 the facility confirms the individual’s iden4 tity; and 

5 ‘‘(C) shall permit any individual desiring to 

6 vote in an election for Federal office who does 

7 not present an applicable identifying document 

8 required under subparagraph (A) or qualify for 

9 an exception under subparagraph (B) to cast a 

10 provisional ballot with respect to the election 

11 under section 302(a) in accordance with para12 graph (3). 

13 ‘‘(3) RULES FOR PROVISIONAL BALLOT.— 

14 ‘‘(A) IN GENERAL.—A individual may cast 

15 a provisional ballot pursuant to paragraph 

16 (2)(C) so long as the individual presents the ap17 propriate State or local election official with a 

18 sworn written statement, signed by the indi19 vidual under penalty of perjury, attesting to the 

20 individual’s identity. 

21 ‘‘(B) PROHIBITION ON OTHER REQUIRE22 MENTS.—Except as otherwise provided this 

23 paragraph, a State or local jurisdiction may not 

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1 sional ballot by an individuals described in 

2 paragraph (2)(C). 

3 ‘‘(C) COUNTING OF PROVISIONAL BAL4 LOT.—In the case of a provisional ballot cast 

5 pursuant to paragraph (2)(C), the appropriate 

6 State or local election official shall not make a 

7 determination under section 302(a)(4) that the 

8 individual is eligible under State law to vote in 

9 the election unless— 

10 ‘‘(i) the official determines that the 

11 signature on such statement matches the 

12 signature of such individual on the official 

13 list of registered voters in the State or 

14 other official record or document used by 

15 the State to verify the signatures of voters; 

16 or 

17 ‘‘(ii) not later than 10 days after cast18 ing the provisional ballot, the individual 

19 presents an applicable identifying docu20 ment, either in person or by electronic 

21 methods, to the official and the official 

22 confirms the individual is the person iden23 tified on the applicable identifying docu24 ment. 


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1 ‘‘(D) NOTICE AND OPPORTUNITY TO CURE

2 DISCREPANCY IN SIGNATURES OR OTHER DE3 FECTS ON PROVISIONAL BALLOTS.— 

4 ‘‘(i) NOTICE AND OPPORTUNITY TO

5 CURE DISCREPANCY IN SIGNATURES.—If 

6 an individual casts a provisional ballot 

7 under this paragraph and the appropriate 

8 State or local election official determines 

9 that a discrepancy exists between the sig10 nature on such ballot and the signature of 

11 such individual on the official list of reg12 istered voters in the State or other official 

13 record or document used by the State to 

14 verify the signatures of voters, such elec15 tion official, prior to making a final deter16 mination as to the validity of such ballot, 

17 shall— 

18 ‘‘(I) as soon as practical, but no 

19 later than the next business day after 

20 such determination is made, make a 

21 good faith effort to notify the indi22 vidual by mail, telephone, and (if 

23 available) text message and electronic 

24 mail that— 


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1 ‘‘(aa) a discrepancy exists 

2 between the signature on such 

3 ballot and the signature of the 

4 individual on the official list of 

5 registered voters in the State or 

6 other official record or document 

7 used by the State to verify the 

8 signatures of voters; and 

9 ‘‘(bb) if such discrepancy is 

10 not cured prior to the expiration 

11 of the third day following the 

12 State’s deadline for receiving 

13 mail-in ballots or absentee bal14 lots, such ballot will not be 

15 counted; and 

16 ‘‘(II) cure such discrepancy and 

17 count the ballot if, prior to the expira18 tion of the third day following the 

19 State’s deadline for receiving mail-in 

20 ballots or absentee ballots, the indi21 vidual provides the official with infor22 mation to cure such discrepancy, ei23 ther in person, by telephone, or by 

24 electronic methods. 


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1 ‘‘(ii) NOTICE AND OPPORTUNITY TO

2 CURE OTHER DEFECTS.—If an individual 

3 casts a provisional ballot under this para4 graph with a defect which, if left uncured, 

5 would cause the ballot to not be counted, 

6 the appropriate State or local election offi7 cial, prior to making a final determination 

8 as to the validity of the ballot, shall— 

9 ‘‘(I) as soon as practical, but no 

10 later than the next business day after 

11 such determination is made, make a 

12 good faith effort to notify the indi13 vidual by mail, telephone, and (if 

14 available) text message and electronic 

15 mail that— 

16 ‘‘(aa) the ballot has some 

17 defect; and 

18 ‘‘(bb) if the individual does 

19 not cure the other defect prior to 

20 the expiration of the third day 

21 following the State’s deadline for 

22 receiving mail-in ballots or absen23 tee ballots, such ballot will not be 

24 counted; and 


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1 ‘‘(II) count the ballot if, prior to 

2 the expiration of the third day fol3 lowing the State’s deadline for receiv4 ing mail-in ballots or absentee ballots, 

5 the individual cures the defect. 

6 ‘‘(E) NO EXEMPTION.—Notwithstanding 

7 section 302(a), States described in section 4(b) 

8 of the National Voter Registration Act of 1993 

9 shall be required to meet the requirements of 

10 paragraph (2)(C). 

11 ‘‘(F) RULE OF CONSTRUCTION.— 

12 ‘‘(i) IN GENERAL.—Nothing in para13 graph (2)(C) or this paragraph shall be 

14 construed to prevent a State from permit15 ting an individual who provides a sworn 

16 statement described in subparagraph (A) 

17 to cast a regular ballot in lieu of a provi18 sional ballot. 

19 ‘‘(ii) REGULAR BALLOT.—For purpose 

20 of this subparagraph, the term ‘regular 

21 ballot’ means a ballot which is cast and 

22 counted in same manner as ballots cast by 

23 individuals meeting the voter identification 

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1 quirements with respect to voting in the 

2 election). 

3 ‘‘(4) DEVELOPMENT AND USE OF PRE-PRINTED

4 VERSION OF STATEMENT BY COMMISSION.— 

5 ‘‘(A) IN GENERAL.—The Commission shall 

6 develop pre-printed versions of the statements 

7 described in paragraphs (2)(B)(i) and (3)(A) 

8 which include appropriate blank spaces for the 

9 provision of names and signatures. 

10 ‘‘(B) PROVIDING PRE-PRINTED COPY OF

11 STATEMENT.—Each State and jurisdiction that 

12 has a voter identification requirement shall 

13 make copies of the pre-printed version of the 

14 statement developed under subparagraph (A) 

15 available at polling places for use by individuals 

16 voting in person. 

17 ‘‘(5) REQUIRED PROVISION OF IDENTIFYING

18 DOCUMENTS.— 

19 ‘‘(A) IN GENERAL.—Each State and juris20 diction that has a voter identification require21 ment shall— 

22 ‘‘(i) for each individual who, on or 

23 after the applicable date, is registered to 

24 vote in such State or jurisdiction in elec25 tions for Federal office, provide the indiVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 vidual with a government-issued identifica2 tion that meets the requirements of this 

3 subsection without charge; 

4 ‘‘(ii) for each individual who, before 

5 the applicable date, was registered to vote 

6 in such State or jurisdiction in elections 

7 for Federal office but does not otherwise 

8 possess an identifying document, provide 

9 the individual with a government-issued 

10 identification that meets the requirements 

11 of this subsection without charge, so long 

12 as the State provides the individual with 

13 reasonable opportunities to obtain such 

14 identification prior to the date of the elec15 tion; and 

16 ‘‘(iii) for each individual who is pro17 vided with an identification under clause 

18 (i) or clause (ii), provide the individual 

19 with such assistance without charge upon 

20 request as may be necessary to enable the 

21 individual to obtain and process any docu22 mentation necessary to obtain the identi23 fication. 


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1 ‘‘(B) APPLICABLE DATE.—For purposes of 

2 this paragraph, the term ‘applicable date’ 

3 means the later of— 

4 ‘‘(i) January 1, 2022, or 

5 ‘‘(ii) the first date after the date of 

6 the enactment of this subsection for which 

7 the State or local jurisdiction has in effect 

8 a voter identification requirement. 

9 ‘‘(6) APPLICABLE IDENTIFYING DOCUMENT.— 

10 For purposes of this subsection— 

11 ‘‘(A) IN GENERAL.—The term ‘applicable 

12 identifying document’ means, with respect to 

13 any individual, any document issued to such in14 dividual containing the individual’s name. 

15 ‘‘(B) INCLUDED DOCUMENTS.—The term 

16 ‘applicable identifying document’ shall include 

17 any of the following (so long as that document 

18 has not expired or, if expired, expired no earlier 

19 than four years before the date of presen20 tation): 

21 ‘‘(i) A driver’s license or an identifica22 tion card issued by a State, the Federal 

23 Government, or a State or federally recog24 nized Tribal government. 


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1 ‘‘(ii) A State-issued identification de2 scribed in paragraph (4). 

3 ‘‘(iii) A United States passport or 

4 passport card. 

5 ‘‘(iv) A employee identification card 

6 issued by— 

7 ‘‘(I) any branch, department, 

8 agency, or entity of the United States 

9 Government or of any State, 

10 ‘‘(II) any State or federally rec11 ognized Tribal government, or 

12 ‘‘(III) any county, municipality, 

13 board, authority, or other political 

14 subdivision of a State. 

15 ‘‘(v) A student identification card 

16 issued by an institution of higher edu17 cation, or a high school identification card 

18 issued by a State-accredited high school. 

19 ‘‘(vi) A military identification card 

20 issued by the United States. 

21 ‘‘(vii) A gun license or concealed carry 

22 permit. 

23 ‘‘(viii) A Medicare card or Social Se24 curity card. 

25 ‘‘(ix) A birth certificate. 


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1 ‘‘(x) A voter registration card. 

2 ‘‘(xi) A hunting or fishing license 

3 issued by a State. 

4 ‘‘(xii) A identification card issued to 

5 the individual by the Supplemental Nutri6 tion Assistance (SNAP) program. 

7 ‘‘(xiii) A identification card issued to 

8 the individual by the Temporary Assistance 

9 for Needy Families (TANF) program. 

10 ‘‘(xiv) A identification card issued to 

11 the individual by Medicaid. 

12 ‘‘(xv) A bank card or debit card. 

13 ‘‘(xvi) A utility bill issued within six 

14 months of the date of the election. 

15 ‘‘(xvii) A lease or mortgage document 

16 issued within six months of the date of the 

17 election. 

18 ‘‘(xviii) A bank statement issued with19 in six months of the date of the election. 

20 ‘‘(xix) A health insurance card issued 

21 to the voter. 

22 ‘‘(xx) Any other document containing 

23 the individual’s name issued by— 


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1 ‘‘(I) any branch, department, 

2 agency, or entity of the United States 

3 Government or of any State; 

4 ‘‘(II) any State or federally rec5 ognized tribal government; or 

6 ‘‘(III) any county, municipality, 

7 board, authority, or other political 

8 subdivision of a State. 

9 ‘‘(C) COPIES AND ELECTRONIC DOCU10 MENTS ACCEPTED.—The term ‘applicable iden11 tifying document’ includes— 

12 ‘‘(i) any copy of a document described 

13 in subparagraph (A) or (B); and 

14 ‘‘(ii) any document described in sub15 paragraph (A) or (B) which is presented in 

16 electronic format.’’. 

17 (b) PAYMENTS TO STATES TO COVER COSTS OF RE18 QUIRED IDENTIFICATION DOCUMENTS.— 

19 (1) IN GENERAL.—The Election Assistance 

20 Commission shall make payments to States to cover 

21 the costs incurred in providing identifications under 

22 section 303(c)(5) of the Help America Vote Act of 

23 2002, as amended by this section. 

24 (2) AMOUNT OF PAYMENT.—The amount of the 

25 payment made to a State under this subsection for 


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1 any year shall be equal to the amount of fees which 

2 would have been collected by the State during the 

3 year in providing the identifications required under 

4 section 303(c)(5) of such Act if the State had 

5 charged the usual and customary rates for such 

6 identifications, as determined on the basis of infor7 mation furnished to the Commission by the State at 

8 such time and in such form as the Commission may 

9 require. 

10 (3) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated for pay12 ments under this subsection an aggregate amount of 

13 $5,000,000 for fiscal year 2022 and each of the 4 

14 succeeding fiscal years. 

15 (c) CONFORMING AMENDMENTS.—Section 

16 303(b)(2)(A) of the Help America Vote Act of 2002 (52 

17 U.S.C. 21083(b)(2)(A)) is amended— 

18 (1) in clause (i), by striking ‘‘in person’’ and all 

19 that follows and inserting ‘‘in person, presents to the 

20 appropriate State or local election official an applica21 ble identifying document (as defined in subsection 

22 (c)(6)); or’’; and 

23 (2) in clause (ii), by striking ‘‘by mail’’ and all 

24 that follows and inserting ‘‘by mail, submits with the 


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1 ballot an applicable identifying document (as so de2 fined).’’. 

3 (d) EFFECTIVE DATE.—Section 303(e) of such Act 

4 (52 U.S.C. 21083(d)(2)), as redesignated by subsection 

5 (a), is amended by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) VOTER IDENTIFICATION REQUIRE8 MENTS.—Each State and jurisdiction shall be re9 quired to comply with the requirements of subsection 

10 (c) with respect to elections for Federal office held 

11 on or after January 1, 2022.’’. 

12 Subtitle J—Voter List Maintenance 

13 Procedures 

14 PART 1—VOTER CAGING PROHIBITED 

15 SEC. 1901. VOTER CAGING PROHIBITED. 

16 (a) DEFINITIONS.—In this section— 

17 (1) the term ‘‘voter caging document’’ means— 

18 (A) a non-forwardable document sent by 

19 any person other than a State or local election 

20 official that is returned to the sender or a third 

21 party as undelivered or undeliverable despite an 

22 attempt to deliver such document to the address 

23 of a registered voter or applicant; or 

24 (B) any document sent by any person 

25 other than a State or local election official with 


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1 instructions to an addressee that the document 

2 be returned to the sender or a third party but 

3 is not so returned, despite an attempt to deliver 

4 such document to the address of a registered 

5 voter or applicant; 

6 (2) the term ‘‘voter caging list’’ means a list of 

7 individuals compiled from voter caging documents; 

8 and 

9 (3) the term ‘‘unverified match list’’ means any 

10 list produced by matching the information of reg11 istered voters or applicants for voter registration to 

12 a list of individuals who are ineligible to vote in the 

13 registrar’s jurisdiction, by virtue of death, convic14 tion, change of address, or otherwise, unless one of 

15 the pieces of information matched includes a signa16 ture, photograph, or unique identifying number en17 suring that the information from each source refers 

18 to the same individual. 

19 (b) PROHIBITION AGAINST VOTER CAGING.—No 

20 State or local election official shall prevent an individual 

21 from registering or voting in any election for Federal of22 fice, or permit in connection with any election for Federal 

23 office a formal challenge under State law to an individual’s 

24 registration status or eligibility to vote, if the basis for 

25 such decision is evidence consisting of— 


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1 (1) a voter caging document or voter caging 

2 list; 

3 (2) an unverified match list; 

4 (3) an error or omission on any record or paper 

5 relating to any application, registration, or other act 

6 requisite to voting, if such error or omission is not 

7 material to an individual’s eligibility to vote under 

8 section 2004(a)(2)(B) of the Revised Statutes (52 

9 U.S.C. 10101(a)(2)(B)); or 

10 (4) any other evidence so designated for pur11 poses of this section by the Election Assistance Com12 mission, 

13 except that the election official may use such evidence if 

14 it is corroborated by independent evidence of the individ15 ual’s ineligibility to register or vote. 

16 (c) ENFORCEMENT.— 

17 (1) CIVIL ENFORCEMENT.— 

18 (A) IN GENERAL.—The Attorney General 

19 may bring a civil action in an appropriate dis20 trict court for such declaratory or injunctive re21 lief as is necessary to carry out this section. 

22 (B) PRIVATE RIGHT OF ACTION.— 

23 (i) IN GENERAL.—A person who is ag24 grieved by a violation of this section may 

25 provide written notice of the violation to 


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1 the chief election official of the State in2 volved. 

3 (ii) RELIEF.—Except as provided in 

4 clause (iii), if the violation is not corrected 

5 within 90 days after receipt of a notice 

6 under clause (i), or within 20 days after 

7 receipt of the notice if the violation oc8 curred within 120 days before the date of 

9 an election for Federal office, the ag10 grieved person may, in a civil action, ob11 tain declaratory or injunctive relief with re12 spect to the violation. 

13 (iii) EXCEPTION.—If the violation oc14 curred within 30 days before the date of 

15 an election for Federal office, the ag16 grieved person need not provide notice 

17 under clause (i) before bringing a civil ac18 tion to obtain declaratory or injunctive re19 lief with respect to the violation. 

20 (2) CRIMINAL PENALTY.—Whoever knowingly 

21 challenges the eligibility of one or more individuals 

22 to register or vote or knowingly causes the eligibility 

23 of such individuals to be challenged in violation of 

24 this section with the intent that one or more eligible 

25 voters be disqualified, shall be fined under title 18, 


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1 United States Code, or imprisoned not more than 1 

2 year, or both, for each such violation. Each violation 

3 shall be a separate offense. 

4 (d) NO EFFECT ON RELATED LAWS.—Nothing in 

5 this section is intended to override the protections of the 

6 National Voter Registration Act of 1993 (52 U.S.C. 

7 20501 et seq.) or to affect the Voting Rights Act of 1965 

8 (52 U.S.C. 10301 et seq.). 

9 PART 2—SAVING ELIGIBLE VOTERS FROM VOTER 

10 PURGING 

11 SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM 

12 LIST OF REGISTERED VOTERS. 

13 (a) CONDITIONS DESCRIBED.—The National Voter 

14 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 

15 amended by inserting after section 8 the following new 

16 section: 

17 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 

18 OFFICIAL LIST OF REGISTERED VOTERS. 

19 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND

20 RELIABLE EVIDENCE OF INELIGIBILITY.— 

21 ‘‘(1) REQUIRING VERIFICATION.—Notwith22 standing any other provision of this Act, a State 

23 may not remove the name of any registrant from the 

24 official list of voters eligible to vote in elections for 

25 Federal office in the State unless the State verifies, 


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1 on the basis of objective and reliable evidence, that 

2 the registrant is ineligible to vote in such elections. 

3 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

4 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 

5 purposes of paragraph (1), except as permitted 

6 under section 8(d) after a notice described in para7 graph (2) of such section has been sent, the fol8 lowing factors, or any combination thereof, shall not 

9 be treated as objective and reliable evidence of a reg10 istrant’s ineligibility to vote: 

11 ‘‘(A) The failure of the registrant to vote 

12 in any election. 

13 ‘‘(B) The failure of the registrant to re14 spond to any election mail, unless the election 

15 mail has been returned as undeliverable. 

16 ‘‘(C) The failure of the registrant to take 

17 any other action with respect to voting in any 

18 election or with respect to the registrant’s sta19 tus as a registrant. 

20 ‘‘(3) REMOVAL BASED ON OFFICIAL

21 RECORDS.— 

22 ‘‘(A) IN GENERAL.—Nothing in this sec23 tion shall prohibit a State from removing a reg24 istrant from the official list of eligible voters in 

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1 ficial records maintained by the State, a State 

2 or local election official knows, on the basis of 

3 objective and reliable evidence, that the reg4 istrant has— 

5 ‘‘(i) died; or 

6 ‘‘(ii) permanently moved out of the 

7 State and is no longer eligible to vote in 

8 the State. 

9 ‘‘(B) OPPORTUNITY TO DEMONSTRATE

10 ELIGIBILITY.—The State shall provide a voter 

11 removed from the official list of eligible voters 

12 in elections for Federal office under this para13 graph an opportunity to demonstrate that the 

14 registrant is eligible to vote and be reinstated 

15 on the official list of eligible voters in elections 

16 for Federal office in the State. 

17 ‘‘(b) NOTICE AFTER REMOVAL.— 

18 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

19 ‘‘(A) IN GENERAL.—Not later than 48 

20 hours after a State removes the name of a reg21 istrant from the official list of eligible voters, 

22 the State shall send notice of the removal to the 

23 former registrant, and shall include in the no24 tice the grounds for the removal and informa25 tion on how the former registrant may contest 


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1 the removal or be reinstated, including a tele2 phone number for the appropriate election offi3 cial. 

4 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

5 does not apply in the case of a registrant— 

6 ‘‘(i) who sends written confirmation to 

7 the State that the registrant is no longer 

8 eligible to vote in the registrar’s jurisdic9 tion in which the registrant was registered; 

10 or 

11 ‘‘(ii) who is removed from the official 

12 list of eligible voters by reason of the death 

13 of the registrant. 

14 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

15 after conducting any general program to remove the 

16 names of ineligible voters from the official list of eli17 gible voters (as described in section 8(a)(4)), the 

18 State shall disseminate a public notice through such 

19 methods as may be reasonable to reach the general 

20 public (including by publishing the notice in a news21 paper of wide circulation and posting the notice on 

22 the websites of the appropriate election officials) 

23 that list maintenance is taking place and that reg24 istrants should check their registration status to en25 sure no errors or mistakes have been made. The 


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1 State shall ensure that the public notice dissemi2 nated under this paragraph is in a format that is 

3 reasonably convenient and accessible to voters with 

4 disabilities, including voters who have low vision or 

5 are blind.’’. 

6 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

7 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 

8 20507(d)) is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(4) A State may not transmit a notice to a 

11 registrant under this subsection unless the State ob12 tains objective and reliable evidence (in accordance 

13 with the standards for such evidence which are de14 scribed in section 8A(a)(2)) that the registrant has 

15 changed residence to a place outside the registrar’s 

16 jurisdiction in which the registrant is registered.’’. 

17 (c) CONFORMING AMENDMENTS.— 

18 (1) NATIONAL VOTER REGISTRATION ACT OF

19 1993.—Section 8(a) of such Act (52 U.S.C. 

20 20507(a)) is amended— 

21 (A) in paragraph (3), by striking ‘‘pro22 vide’’ and inserting ‘‘subject to section 8A, pro23 vide’’; and 


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1 (B) in paragraph (4), by striking ‘‘con2 duct’’ and inserting ‘‘subject to section 8A, con3 duct’’. 

4 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

5 303(a)(4)(A) of the Help America Vote Act of 2002 

6 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 

7 ‘‘registrants’’ the second place it appears and insert8 ing ‘‘and subject to section 8A of such Act, reg9 istrants’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 Subtitle K—Severability 

14 SEC. 1921. SEVERABILITY. 

15 If any provision of this title or amendment made by 

16 this title, or the application of a provision or amendment 

17 to any person or circumstance, is held to be unconstitu18 tional, the remainder of this title and amendments made 

19 by this title, and the application of the provisions and 

20 amendment to any person or circumstance, shall not be 

21 affected by the holding. 


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1 DIVISION B—ELECTION 

2 INTEGRITY 

3 TITLE II—PROHIBITING INTER4 FERENCE WITH VOTER REG5 ISTRATION 

6 SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, 

7 OR PREVENTING VOTER REGISTRATION. 

8 (a) IN GENERAL.—Chapter 29 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 612. Hindering, interfering with, or preventing 

12 registering to vote 

13 ‘‘(a) PROHIBITION.—It shall be unlawful for any per14 son, whether acting under color of law or otherwise, to 

15 corruptly hinder, interfere with, or prevent another person 

16 from registering to vote or to corruptly hinder, interfere 

17 with, or prevent another person from aiding another per18 son in registering to vote. 

19 ‘‘(b) ATTEMPT.—Any person who attempts to commit 

20 any offense described in subsection (a) shall be subject to 

21 the same penalties as those prescribed for the offense that 

22 the person attempted to commit. 

23 ‘‘(c) PENALTY.—Any person who violates subsection 

24 (a) shall be fined under this title, imprisoned not more 

25 than 5 years, or both.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 29 of title 18, United States Code, is amended 

3 by adding at the end the following new item: 

‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to elections held on 

6 or after the date of the enactment of this Act, except that 

7 no person may be found to have violated section 612 of 

8 title 18, United States Code (as added by subsection (a)), 

9 on the basis of any act occurring prior to the date of the 

10 enactment of this Act. 

11 SEC. 2002. ESTABLISHMENT OF BEST PRACTICES. 

12 (a) BEST PRACTICES.—Not later than 180 days after 

13 the date of the enactment of this Act, the Attorney Gen14 eral shall develop and publish recommendations for best 

15 practices for States to use to deter and prevent violations 

16 of section 612 of title 18, United States Code (as added 

17 by section 2001), and section 12 of the National Voter 

18 Registration Act of 1993 (52 U.S.C. 20511) (relating to 

19 the unlawful interference with registering to vote, or vot20 ing, or attempting to register to vote or vote), including 

21 practices to provide for the posting of relevant information 

22 at polling places and voter registration agencies under 

23 such Act, the training of poll workers and election offi24 cials, and relevant educational materials. For purposes of 

25 this subsection, the term ‘‘State’’ includes the District of 


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1 Columbia, the Commonwealth of Puerto Rico, Guam, 

2 American Samoa, the United States Virgin Islands, and 

3 the Commonwealth of the Northern Mariana Islands. 

4 (b) INCLUSION IN VOTER INFORMATION REQUIRE5 MENTS.—Section 302(b)(2) of the Help America Vote Act 

6 of 2002 (52 U.S.C. 21082(b)(2)) is amended— 

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (E); 

9 (2) by striking the period at the end of sub10 paragraph (F) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(G) information relating to the prohibi14 tions of section 612 of title 18, United States 

15 Code, and section 12 of the National Voter 

16 Registration Act of 1993 (52 U.S.C. 20511) 

17 (relating to the unlawful interference with reg18 istering to vote, or voting, or attempting to reg19 ister to vote or vote), including information on 

20 how individuals may report allegations of viola21 tions of such prohibitions.’’. 


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1 TITLE III—PREVENTING 

2 ELECTION SUBVERSION 

3 Subtitle A—Restrictions on Re4 moval of Election Administra5 tors 

6 SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELEC7 TION ADMINISTRATORS IN ADMINISTRATION 

8 OF ELECTIONS FOR FEDERAL OFFICE. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) Congress has explicit and broad authority to 

12 regulate the time, place, and manner of Federal elec13 tions under the Elections Clause under article I, sec14 tion 4, clause 1 of the Constitution, including by es15 tablishing standards for the fair, impartial, and uni16 form administration of Federal elections by State 

17 and local officials. 

18 (2) The Elections Clause was understood from 

19 the framing of the Constitution to contain ‘‘words of 

20 great latitude,’’ granting Congress broad power over 

21 Federal elections and a plenary right to preempt 

22 State regulation in this area. As made clear at the 

23 Constitutional Convention and the State ratification 

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1 tions,’’ promote the uniform administration of Fed2 eral elections, and ‘‘preserve and restore to the peo3 ple their equal and sacred rights of election.’’. 

4 (3) In the founding debates on the Elections 

5 Clause, many delegates also argued that a broad 

6 grant of authority to Congress over Federal elections 

7 was necessary to check any ‘‘abuses that might be 

8 made of the discretionary power’’ to regulate the 

9 time, place, and manner of elections granted the 

10 States, including attempts at partisan entrenchment, 

11 malapportionment, and the exclusion of political mi12 norities. As the Supreme Court has recognized, the 

13 Elections Clause empowers Congress to ‘‘protect the 

14 elections on which its existence depends,’’ Ex parte 

15 Yarbrough, 110 U.S. 651, 658 (1884), and ‘‘protect 

16 the citizen in the exercise of rights conferred by the 

17 Constitution of the United States essential to the 

18 healthy organization of the government itself,’’ id. at 

19 666. 

20 (4) The Elections Clause grants Congress ‘‘ple21 nary and paramount jurisdiction over the whole sub22 ject’’ of Federal elections, Ex parte Siebold, 100 

23 U.S. 371, 388 (1879), allowing Congress to imple24 ment ‘‘a complete code for congressional elections.’’ 

25 Smiley v. Holm, 285 U.S. 355, 366 (1932). The 


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1 Elections Clause, unlike, for example, the Commerce 

2 Clause, has been found to grant Congress the au3 thority to compel States to alter their regulations as 

4 to Federal elections, id. at 366–67, even if these al5 terations would impose additional costs on the 

6 States to execute or enforce. Association of Commu7 nity Organizations for Reform Now v. Miller, 129 

8 F.3d 833 (6th Cir. 1997). 

9 (5) The phrase ‘‘manner of holding elections’’ 

10 in the Elections Clause has been interpreted by the 

11 Supreme Court to authorize Congress to regulate all 

12 aspects of the Federal election process, including 

13 ‘‘notices, registration, supervision of voting, protec14 tion of voters, prevention of fraud and corrupt prac15 tices, counting of votes, duties of inspectors and can16 vassers, and the making and publication of election 

17 returns.’’ Smiley v. Holm, 285 U.S. 355, 366 

18 (1932). 

19 (6) The Supreme Court has recognized the 

20 broad ‘‘substantive scope’’ of the Elections Clause 

21 and upheld Federal laws promulgated thereunder 

22 regulating redistricting, voter registration, campaign 

23 finance, primary elections, recounts, party affiliation 

24 rules, and balloting. 


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1 (7) The authority of Congress under the Elec2 tions Clause also entails the power to ensure en3 forcement of its laws regulating Federal elections. 

4 ‘‘[I]f Congress has the power to make regulations, it 

5 must have the power to enforce them.’’ Ex parte 

6 Siebold, 100 U.S. 371, 387 (1879). The Supreme 

7 Court has noted that there can be no question that 

8 Congress may impose additional penalties for of9 fenses committed by State officers in connection 

10 with Federal elections even if they differ from the 

11 penalties prescribed by State law for the same acts. 

12 Id. at 387–88. 

13 (8) The fair and impartial administration of 

14 Federal elections by State and local officials is cen15 tral to ‘‘the successful working of this government,’’ 

16 Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 

17 to ‘‘protect the act of voting . . . and the election 

18 itself from corruption or fraud,’’ id. at 661–62. 

19 (9) The Elections Clause thus grants Congress 

20 the authority to ensure that the administration of 

21 Federal elections is free of political bias or discrimi22 nation and that election officials are insulated from 

23 political influence or other forms of coercion in dis24 charging their duties in connection with Federal 

25 elections. 


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1 (10) In some States, oversight of local election 

2 administrators has been allocated to State Election 

3 Boards, or special commissions formed by those 

4 boards, that are appointed by the prevailing political 

5 party in a State, as opposed to nonpartisan or elect6 ed office holders. 

7 (11) In certain newly enacted State policies, 

8 these appointed statewide election administrators 

9 have been granted wide latitude to suspend or re10 move local election administrators in cases where the 

11 statewide election administrators identify whatever 

12 the State deems to be a violation. There is no re13 quirement that there be a finding of intent by the 

14 local election administrator to commit the violation. 

15 (12) Local election administrators across the 

16 country can be suspended or removed according to 

17 different standards, potentially exposing them to dif18 ferent political pressures or biases that could result 

19 in uneven administration of Federal elections. 

20 (13) The Elections Clause grants Congress the 

21 ultimate authority to ensure that oversight of State 

22 and local election administrators is fair and impar23 tial in order to ensure equitable and uniform admin24 istration of Federal elections. 


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1 (14) Congress has the authority to prevent po2 litically motivated removals of local election officials 

3 pursuant to the First and Fourteenth Amendments. 

4 The Supreme Court has held that the First Amend5 ment prohibits the removal of local government offi6 cials due to their party affiliation or political beliefs. 

7 Elrod v. Burns, 427 U.S. 347 (1976); Branti v. 

8 Finkel, 445 U.S. 507 (1980). ‘‘[C]onditioning con9 tinued public employment on an employee’s having 

10 obtained support from a particular political party 

11 violates the First Amendment because of the coer12 cion of belief that necessarily flows from the knowl13 edge that one must have a sponsor in the dominant 

14 party in order to retain one’s job,’’ Rutan v. Repub15 lican Party of Illinois, 497 U.S. 62, 71 (1990), 

16 which is a particularly pernicious pressure in the fair 

17 and neutral administration of elections. Congress 

18 has the authority to enforce these First Amendment 

19 protections under section 5 of the Fourteenth 

20 Amendment. 

21 (b) RESTRICTION.— 

22 (1) STANDARD FOR REMOVAL OF A LOCAL

23 ELECTION ADMINISTRATOR.—A statewide election 

24 administrator may only suspend, remove, or relieve 

25 the duties of a local election administrator in the 


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1 State with respect to the administration of an elec2 tion for Federal office for gross negligence, neglect 

3 of duty, or malfeasance in office. 

4 (2) PRIVATE RIGHT OF ACTION.— 

5 (A) IN GENERAL.—Any local election ad6 ministrator suspended, removed, or otherwise 

7 relieved of duties in violation of paragraph (1) 

8 with respect to the administration of an election 

9 for Federal office or against whom any pro10 ceeding for suspension, removal, or relief from 

11 duty in violation of paragraph (1) with respect 

12 to the administration of an election for Federal 

13 office may be pending, may bring an action in 

14 an appropriate district court of the United 

15 States for declaratory or injunctive relief with 

16 respect to the violation. Any such action shall 

17 name as the defendant the statewide election 

18 administrator responsible for the adverse ac19 tion. The district court shall, to the extent prac20 ticable, expedite any such proceeding. 

21 (B) STATUTE OF LIMITATIONS.—Any ac22 tion brought under this subsection must be 

23 commenced not later than one year after the 

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1 move, suspend, or relieve the duties of a local 

2 election administrator with respect to the ad3 ministration of an election for Federal office. 

4 (3) ATTORNEY’S FEES.—In any action or pro5 ceeding under this subsection, the court may allow 

6 a prevailing plaintiff, other than the United States, 

7 reasonable attorney’s fees as part of the costs, and 

8 may include expert fees as part of the attorney’s fee. 

9 The term ‘‘prevailing plaintiff’’ means a plaintiff 

10 that substantially prevails pursuant to a judicial or 

11 administrative judgment or order, or an enforceable 

12 written agreement. 

13 (4) REMOVAL OF STATE PROCEEDINGS TO FED14 ERAL COURT.—A local election administrator who is 

15 subject to an administrative or judicial proceeding 

16 for suspension, removal, or relief from duty by a 

17 statewide election administrator with respect to the 

18 administration of an election for Federal office may 

19 remove the proceeding to an appropriate district 

20 court of the United States. Any order remanding a 

21 case to the State court or agency from which it was 

22 removed under this subsection shall be reviewable by 

23 appeal or otherwise. 

24 (5) RIGHT OF UNITED STATES TO INTER25 VENE.— 


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1 (A) NOTICE TO ATTORNEY GENERAL.— 

2 Whenever any administrative or judicial pro3 ceeding is brought to suspend, remove, or re4 lieve the duties of any local election adminis5 trator by a statewide election administrator 

6 with respect to the administration of an election 

7 for Federal office, the statewide election admin8 istrator who initiated such proceeding shall de9 liver a copy of the pleadings instituting the pro10 ceeding to the Assistant Attorney General for 

11 the Civil Rights Division of the Department of 

12 Justice. The local election administrator against 

13 whom such proceeding is brought may also de14 liver such pleadings to the Assistant Attorney 

15 General. 

16 (B) RIGHT TO INTERVENE.—The United 

17 States may intervene in any administrative or 

18 judicial proceeding brought to suspend, remove, 

19 or relieve the duties of any local election admin20 istrator by a statewide election administrator 

21 with respect to the administration of an election 

22 for Federal office and in any action initiated 

23 pursuant to paragraph (2) or in any removal 

24 pursuant to paragraph (4). 


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1 (6) REVIEW.—In reviewing any action brought 

2 under this section, a court of the United States shall 

3 not afford any deference to any State official, ad4 ministrator, or tribunal that initiated, approved, ad5 judicated, or reviewed any administrative or judicial 

6 proceeding to suspend, remove, or otherwise relieve 

7 the duties of a local election administrator. 

8 (7) DEFINITIONS.—In this section, the fol9 lowing definitions apply: 

10 (A) ELECTION.—The term ‘‘election’’ has 

11 the meaning given the term in section 301(1) of 

12 the Federal Election Campaign Act of 1971 (52 

13 U.S.C. 30101(1)). 

14 (B) FEDERAL OFFICE.—The term ‘‘Fed15 eral office’’ has the meaning given the term in 

16 section 301(3) of the Federal Election Cam17 paign Act of 1971 (52 U.S.C. 30101(3)). 

18 (C) LOCAL ELECTION ADMINISTRATOR.— 

19 The term ‘‘local election administrator’’ means, 

20 with respect to a local jurisdiction in a State, 

21 an individual or entity responsible for the ad22 ministration of elections for Federal office in 

23 the local jurisdiction. 


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1 (D) STATEWIDE ELECTION ADMINIS2 TRATOR.—The term ‘‘statewide election admin3 istrator’’ means, with respect to a State— 

4 (i) the individual or entity, including a 

5 State elections board, responsible for the 

6 administration of elections for Federal of7 fice in the State on a statewide basis; or 

8 (ii) a legislative entity with the au9 thority to suspend, remove, or relieve a 

10 local election administrator. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to grant any additional authority 

13 to remove a local elections administrator beyond any au14 thority provided under the law of the State. 

15 Subtitle B—Increased Protections 

16 for Election Workers 

17 SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIB18 ITED. 

19 (a) IN GENERAL.—Chapter 29 of title 18, United 6 

20 States Code, as amended by section 2001(a), is amended 

21 by adding at the end the following new section: 

22 ‘‘SEC. 613. HARASSMENT OF ELECTION RELATED OFFI23 CIALS. 

24 ‘‘(a) HARASSMENT OF ELECTION WORKERS.—It 

25 shall be unlawful for any person, whether acting under 


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1 color of law or otherwise, to intimidate, threaten, coerce, 

2 or attempt to intimidate, threaten, or coerce an election 

3 worker described in subsection (b) with intent to impede, 

4 intimidate, or interfere with such official while engaged 

5 in the performance of official duties, or with intent to re6 taliate against such official on account of the performance 

7 of official duties. 

8 ‘‘(b) ELECTION WORKER DESCRIBED.—An election 

9 worker as described in this section is any individual who 

10 is an election official, poll worker, or an election volunteer 

11 in connection with an election for a Federal office. 

12 ‘‘(c) PENALTY.—Any person who violates subsection 

13 (a) shall be fined not more than $100,000, imprisoned for 

14 not more than 5 years, or both.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 29 of title 18, United States Code, as amended 

17 by section 2001(b), is amended by adding at the end the 

18 following new item: 

‘‘613. Harassment of election related officials.’’. 

19 SEC. 3102. PROTECTION OF ELECTION WORKERS. 

20 Paragraph (2) of section 119(b) of title 18, United 

21 States Code, is amended by striking ‘‘or’’ at the end of 

22 subparagraph (C), by inserting ‘‘or’’ at the end of sub23 paragraph (D), and by adding at the end the following 

24 new subparagraph: 


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1 ‘‘(E) any individual who is an election offi2 cial, a poll worker, or an election volunteer in 

3 connection with an election for a Federal of4 fice;’’. 

5 Subtitle C—Prohibiting Deceptive 

6 Practices and Preventing Voter 

7 Intimidation 

8 SEC. 3201. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Deceptive Prac10 tices and Voter Intimidation Prevention Act of 2021’’. 

11 SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN 

12 FEDERAL ELECTIONS. 

13 (a) PROHIBITION.—Subsection (b) of section 2004 of 

14 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

15 (1) by striking ‘‘No person’’ and inserting the 

16 following: 

17 ‘‘(1) IN GENERAL.—No person’’; and 

18 (2) by inserting at the end the following new 

19 paragraphs: 

20 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

21 ELECTIONS.— 

22 ‘‘(A) PROHIBITION.—No person, whether 

23 acting under color of law or otherwise, shall, 

24 within 60 days before an election described in 

25 paragraph (5), by any means, including by 


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1 means of written, electronic, or telephonic com2 munications, communicate or cause to be com3 municated information described in subpara4 graph (B), or produce information described in 

5 subparagraph (B) with the intent that such in6 formation be communicated, if such person— 

7 ‘‘(i) knows such information to be ma8 terially false; and 

9 ‘‘(ii) has the intent to impede or pre10 vent another person from exercising the 

11 right to vote in an election described in 

12 paragraph (5). 

13 ‘‘(B) INFORMATION DESCRIBED.—Infor14 mation is described in this subparagraph if such 

15 information is regarding— 

16 ‘‘(i) the time, place, or manner of 

17 holding any election described in para18 graph (5); or 

19 ‘‘(ii) the qualifications for or restric20 tions on voter eligibility for any such elec21 tion, including— 

22 ‘‘(I) any criminal, civil, or other 

23 legal penalties associated with voting 

24 in any such election; or 


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1 ‘‘(II) information regarding a 

2 voter’s registration status or eligi3 bility. 

4 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

5 ENDORSEMENTS.— 

6 ‘‘(A) PROHIBITION.—No person, whether 

7 acting under color of law or otherwise, shall, 

8 within 60 days before an election described in 

9 paragraph (5), by any means, including by 

10 means of written, electronic, or telephonic com11 munications, communicate, or cause to be com12 municated, a materially false statement about 

13 an endorsement, if such person— 

14 ‘‘(i) knows such statement to be false; 

15 and 

16 ‘‘(ii) has the intent to impede or pre17 vent another person from exercising the 

18 right to vote in an election described in 

19 paragraph (5). 

20 ‘‘(B) DEFINITION OF ‘MATERIALLY

21 FALSE’.—For purposes of subparagraph (A), a 

22 statement about an endorsement is ‘materially 

23 false’ if, with respect to an upcoming election 

24 described in paragraph (5)— 


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1 ‘‘(i) the statement states that a spe2 cifically named person, political party, or 

3 organization has endorsed the election of a 

4 specific candidate for a Federal office de5 scribed in such paragraph; and 

6 ‘‘(ii) such person, political party, or 

7 organization has not endorsed the election 

8 of such candidate. 

9 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE10 VENTING VOTING OR REGISTERING TO VOTE.—No 

11 person, whether acting under color of law or other12 wise, shall intentionally hinder, interfere with, or 

13 prevent another person from voting, registering to 

14 vote, or aiding another person to vote or register to 

15 vote in an election described in paragraph (5), in16 cluding by operating a polling place or ballot box 

17 that falsely purports to be an official location estab18 lished for such an election by a unit of government. 

19 ‘‘(5) ELECTION DESCRIBED.—An election de20 scribed in this paragraph is any general, primary, 

21 runoff, or special election held solely or in part for 

22 the purpose of nominating or electing a candidate 

23 for the office of President, Vice President, Presi24 dential elector, Member of the Senate, Member of 


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1 the House of Representatives, or Delegate or Com2 missioner from a Territory or possession.’’. 

3 (b) PRIVATE RIGHT OF ACTION.— 

4 (1) IN GENERAL.—Subsection (c) of section 

5 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

6 is amended— 

7 (A) by striking ‘‘Whenever any person’’ 

8 and inserting the following: 

9 ‘‘(1) IN GENERAL.—Whenever any person’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) CIVIL ACTION.—Any person aggrieved by a 

13 violation of this section may institute a civil action 

14 for preventive relief, including an application in a 

15 United States district court for a permanent or tem16 porary injunction, restraining order, or other order. 

17 In any such action, the court, in its discretion, may 

18 allow the prevailing party a reasonable attorney’s fee 

19 as part of the costs.’’. 

20 (2) CONFORMING AMENDMENTS.—Section 2004 

21 of the Revised Statutes (52 U.S.C. 10101) is 

22 amended— 

23 (A) in subsection (e), by striking ‘‘sub24 section (c)’’ and inserting ‘‘subsection (c)(1)’’; 

25 and 


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1 (B) in subsection (g), by striking ‘‘sub2 section (c)’’ and inserting ‘‘subsection (c)(1)’’. 

3 (c) CRIMINAL PENALTIES.— 

4 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

5 United States Code, is amended— 

6 (A) by striking ‘‘Whoever’’ and inserting 

7 the following: 

8 ‘‘(a) INTIMIDATION.—Whoever’’; 

9 (B) in subsection (a), as inserted by sub10 paragraph (A), by striking ‘‘at any election’’ 

11 and inserting ‘‘at any general, primary, runoff, 

12 or special election’’; and 

13 (C) by adding at the end the following new 

14 subsections: 

15 ‘‘(b) DECEPTIVE ACTS.— 

16 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

17 ELECTIONS.— 

18 ‘‘(A) PROHIBITION.—It shall be unlawful 

19 for any person, whether acting under color of 

20 law or otherwise, within 60 days before an elec21 tion described in subsection (e), by any means, 

22 including by means of written, electronic, or tel23 ephonic communications, to communicate or 

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1 mation described in subparagraph (B) with the 

2 intent that such information be communicated, 

3 if such person— 

4 ‘‘(i) knows such information to be ma5 terially false; and 

6 ‘‘(ii) has the intent to impede or pre7 vent another person from exercising the 

8 right to vote in an election described in 

9 subsection (e). 

10 ‘‘(B) INFORMATION DESCRIBED.—Infor11 mation is described in this subparagraph if such 

12 information is regarding— 

13 ‘‘(i) the time or place of holding any 

14 election described in subsection (e); or 

15 ‘‘(ii) the qualifications for or restric16 tions on voter eligibility for any such elec17 tion, including— 

18 ‘‘(I) any criminal, civil, or other 

19 legal penalties associated with voting 

20 in any such election; or 

21 ‘‘(II) information regarding a 

22 voter’s registration status or eligi23 bility. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined not more than $100,000, 

3 imprisoned for not more than 5 years, or both. 

4 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE5 VENTING VOTING OR REGISTERING TO VOTE.— 

6 ‘‘(1) PROHIBITION.—It shall be unlawful for 

7 any person, whether acting under color of law or 

8 otherwise, to corruptly hinder, interfere with, or pre9 vent another person from voting, registering to vote, 

10 or aiding another person to vote or register to vote 

11 in an election described in subsection (e). 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined not more than $100,000, 

14 imprisoned for not more than 5 years, or both. 

15 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

16 any offense described in subsection (a), (b)(1), or (c)(1) 

17 shall be subject to the same penalties as those prescribed 

18 for the offense that the person attempted to commit. 

19 ‘‘(e) ELECTION DESCRIBED.—An election described 

20 in this subsection is any general, primary, runoff, or spe21 cial election held solely or in part for the purpose of nomi22 nating or electing a candidate for the office of President, 

23 Vice President, Presidential elector, Senator, Member of 

24 the House of Representatives, or Delegate or Resident 

25 Commissioner to the Congress.’’. 


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1 (2) MODIFICATION OF PENALTY FOR VOTER IN2 TIMIDATION.—Section 594(a) of title 18, United 

3 States Code, as amended by paragraph (1), is 

4 amended by striking ‘‘fined under this title or im5 prisoned not more than one year’’ and inserting 

6 ‘‘fined not more than $100,000, imprisoned for not 

7 more than 5 years’’. 

8 (3) SENTENCING GUIDELINES.— 

9 (A) REVIEW AND AMENDMENT.—Not later 

10 than 180 days after the date of enactment of 

11 this Act, the United States Sentencing Commis12 sion, pursuant to its authority under section 

13 994 of title 28, United States Code, and in ac14 cordance with this section, shall review and, if 

15 appropriate, amend the Federal sentencing 

16 guidelines and policy statements applicable to 

17 persons convicted of any offense under section 

18 594 of title 18, United States Code, as amend19 ed by this section. 

20 (B) AUTHORIZATION.—The United States 

21 Sentencing Commission may amend the Federal 

22 Sentencing Guidelines in accordance with the 

23 procedures set forth in section 21(a) of the Sen24 tencing Act of 1987 (28 U.S.C. 994 note) as 


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1 though the authority under that section had not 

2 expired. 

3 (4) PAYMENTS FOR REFRAINING FROM VOT4 ING.—Subsection (c) of section 11 of the Voting 

5 Rights Act of 1965 (52 U.S.C. 10307) is amended 

6 by striking ‘‘either for registration to vote or for vot7 ing’’ and inserting ‘‘for registration to vote, for vot8 ing, or for not voting’’. 

9 SEC. 3203. CORRECTIVE ACTION. 

10 (a) CORRECTIVE ACTION.— 

11 (1) IN GENERAL.—If the Attorney General re12 ceives a credible report that materially false informa13 tion has been or is being communicated in violation 

14 of paragraphs (2) and (3) of section 2004(b) of the 

15 Revised Statutes (52 U.S.C. 10101(b)), as added by 

16 section 3202(a), and if the Attorney General deter17 mines that State and local election officials have not 

18 taken adequate steps to promptly communicate accu19 rate information to correct the materially false infor20 mation, the Attorney General shall, pursuant to the 

21 written procedures and standards under subsection 

22 (b), communicate to the public, by any means, in23 cluding by means of written, electronic, or telephonic 

24 communications, accurate information designed to 

25 correct the materially false information. 


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1 (2) COMMUNICATION OF CORRECTIVE INFORMA2 TION.—Any information communicated by the Attor3 ney General under paragraph (1)— 

4 (A) shall— 

5 (i) be accurate and objective; 

6 (ii) consist of only the information 

7 necessary to correct the materially false in8 formation that has been or is being com9 municated; and 

10 (iii) to the extent practicable, be by a 

11 means that the Attorney General deter12 mines will reach the persons to whom the 

13 materially false information has been or is 

14 being communicated; and 

15 (B) shall not be designed to favor or dis16 favor any particular candidate, organization, or 

17 political party. 

18 (b) WRITTEN PROCEDURES AND STANDARDS FOR

19 TAKING CORRECTIVE ACTION.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Attorney 

22 General shall publish written procedures and stand23 ards for determining when and how corrective action 

24 will be taken under this section. 


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1 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

2 The procedures and standards under paragraph (1) 

3 shall include appropriate deadlines, based in part on 

4 the number of days remaining before the upcoming 

5 election. 

6 (3) CONSULTATION.—In developing the proce7 dures and standards under paragraph (1), the Attor8 ney General shall consult with the Election Assist9 ance Commission, State and local election officials, 

10 civil rights organizations, voting rights groups, voter 

11 protection groups, and other interested community 

12 organizations. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Attorney General 

15 such sums as may be necessary to carry out this subtitle. 

16 SEC. 3204. REPORTS TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 180 days after 

18 each general election for Federal office, the Attorney Gen19 eral shall submit to Congress a report compiling all allega20 tions received by the Attorney General of deceptive prac21 tices described in paragraphs (2), (3), and (4) of section 

22 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

23 added by section 3202(a), relating to the general election 

24 for Federal office and any primary, runoff, or a special 


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1 election for Federal office held in the 2 years preceding 

2 the general election. 

3 (b) CONTENTS.— 

4 (1) IN GENERAL.—Each report submitted 

5 under subsection (a) shall include— 

6 (A) a description of each allegation of a 

7 deceptive practice described in subsection (a), 

8 including the geographic location, racial and 

9 ethnic composition, and language minority10 group membership of the persons toward whom 

11 the alleged deceptive practice was directed; 

12 (B) the status of the investigation of each 

13 allegation described in subparagraph (A); 

14 (C) a description of each corrective action 

15 taken by the Attorney General under section 

16 4(a) in response to an allegation described in 

17 subparagraph (A); 

18 (D) a description of each referral of an al19 legation described in subparagraph (A) to other 

20 Federal, State, or local agencies; 

21 (E) to the extent information is available, 

22 a description of any civil action instituted under 

23 section 2004(c)(2) of the Revised Statutes (52 

24 U.S.C. 10101(c)(2)), as added by section 


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1 3202(b), in connection with an allegation de2 scribed in subparagraph (A); and 

3 (F) a description of any criminal prosecu4 tion instituted under section 594 of title 18, 

5 United States Code, as amended by section 

6 3202(c), in connection with the receipt of an al7 legation described in subparagraph (A) by the 

8 Attorney General. 

9 (2) EXCLUSION OF CERTAIN INFORMATION.— 

10 (A) IN GENERAL.—The Attorney General 

11 shall not include in a report submitted under 

12 subsection (a) any information protected from 

13 disclosure by rule 6(e) of the Federal Rules of 

14 Criminal Procedure or any Federal criminal 

15 statute. 

16 (B) EXCLUSION OF CERTAIN OTHER IN17 FORMATION.—The Attorney General may deter18 mine that the following information shall not be 

19 included in a report submitted under subsection 

20 (a): 

21 (i) Any information that is privileged. 

22 (ii) Any information concerning an 

23 ongoing investigation. 


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1 (iii) Any information concerning a 

2 criminal or civil proceeding conducted 

3 under seal. 

4 (iv) Any other nonpublic information 

5 that the Attorney General determines the 

6 disclosure of which could reasonably be ex7 pected to infringe on the rights of any in8 dividual or adversely affect the integrity of 

9 a pending or future criminal investigation. 

10 (c) REPORT MADE PUBLIC.—On the date that the 

11 Attorney General submits the report under subsection (a), 

12 the Attorney General shall also make the report publicly 

13 available through the internet and other appropriate 

14 means. 

15 SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFI16 CIALS. 

17 Subsection (c)(2) of section 2004 of the Revised Stat18 utes (52 U.S.C. 10101(b)), as added by section 3202(b), 

19 is amended— 

20 (1) by striking ‘‘Any person’’ and inserting the 

21 following: 

22 ‘‘(A) IN GENERAL.—Any person’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 

25 ‘‘(B) INTIMIDATION, ETC.— 


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1 ‘‘(i) IN GENERAL.—A person ag2 grieved by a violation of subsection (b)(1) 

3 shall include, without limitation, an officer 

4 responsible for maintaining order and pre5 venting intimidation, threats, or coercion 

6 in or around a location at which voters 

7 may cast their votes. . 

8 ‘‘(ii) CORRECTIVE ACTION.—If the At9 torney General receives a credible report 

10 that conduct that violates or would be rea11 sonably likely to violate subsection (b)(1) 

12 has occurred or is likely to occur, and if 

13 the Attorney General determines that 

14 State and local officials have not taken 

15 adequate steps to promptly communicate 

16 that such conduct would violate subsection 

17 (b)(1) or applicable State or local laws, At18 torney General shall communicate to the 

19 public, by any means, including by means 

20 of written, electronic, or telephonic commu21 nications, accurate information designed to 

22 convey the unlawfulness of proscribed con23 duct under subsection (b)(1) and the re24 sponsibilities of and resources available to 


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1 State and local officials to prevent or cor2 rect such violations.’’. 

3 SEC. 3206. MAKING INTIMIDATION OF TABULATION, CAN4 VAS, AND CERTIFICATION EFFORTS A CRIME. 

5 Section 12(1) of the National Voter Registration Act 

6 (52 U.S.C. 20511) is amended— 

7 (1) in subparagraph (B), by striking ‘‘or’’ at 

8 the end; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(D) processing or scanning ballots, or 

12 tabulating, canvassing, or certifying voting re13 sults; or’’. 

14 Subtitle D—Protection of Election 

15 Records & Election Infrastructure 

16 SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL 

17 ELECTION RECORDS. 

18 Section 301 of the Civil Rights Act of 1960 (52 

19 U.S.C. 20701) is amended— 

20 (1) by striking ‘‘Every officer’’ and inserting 

21 the following: 

22 ‘‘(a) IN GENERAL.—Every officer’’; 

23 (2) by striking ‘‘records and papers’’ and in24 serting ‘‘records (including electronic records), paVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 pers, and election equipment’’ each place the term 

2 appears; 

3 (3) by striking ‘‘record or paper’’ and inserting 

4 ‘‘record (including electronic record), paper, or elec5 tion equipment’’; 

6 (4) by inserting ‘‘(but only under the direct ad7 ministrative supervision of an election officer). Not8 withstanding any other provision of this section, the 

9 paper record of a voter’s cast ballot shall remain the 

10 official record of the cast ballot for purposes of this 

11 title’’ after ‘‘upon such custodian’’; 

12 (5) by inserting ‘‘, or acts in reckless disregard 

13 of,’’ after ‘‘fails to comply with’’; and 

14 (6) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) ELECTION EQUIPMENT.—The requirement in 

17 subsection (a) to preserve election equipment shall not be 

18 construed to prevent the reuse of such equipment in any 

19 election that takes place within twenty-two months of a 

20 Federal election described in subsection (a), provided that 

21 all electronic records, files, and data from such equipment 

22 related to such Federal election are retained and pre23 served. 

24 ‘‘(c) GUIDANCE.—Not later than 1 year after the 

25 date of enactment of this subsection, the Director of the 


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1 Cybersecurity and Infrastructure Security Agency of the 

2 Department of Homeland Security, in consultation with 

3 the Election Assistance Commission and the Attorney 

4 General, shall issue guidance regarding compliance with 

5 subsections (a) and (b), including minimum standards and 

6 best practices for retaining and preserving records and pa7 pers in compliance with subsection (a). Such guidance 

8 shall also include protocols for enabling the observation 

9 of the preservation, security, and transfer of records and 

10 papers described in subsection (a) by the Attorney General 

11 and by a representative of each party, as defined by the 

12 Attorney General.’’. 

13 SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JU14 RISDICTION. 

15 (a) EXPANSION OF SCOPE OF PENALTIES FOR IN16 TERFERENCE.—Section 302 of the Civil Rights Act of 

17 1960 (52 U.S.C. 20702) is amended— 

18 (1) by inserting ‘‘, or whose reckless disregard 

19 of section 301 results in the theft, destruction, con20 cealment, mutilation, or alteration of,’’ after ‘‘or al21 ters’’; and 

22 (2) by striking ‘‘record or paper’’ and inserting 

23 ‘‘record (including electronic record), paper, or elec24 tion equipment’’. 


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1 (b) INSPECTION, REPRODUCTION, AND COPYING.— 

2 Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 

3 20703) is amended by striking ‘‘record or paper’’ and in4 serting ‘‘record (including electronic record), paper, or 

5 election equipment’’ each place the term appears. 

6 (c) NONDISCLOSURE.—Section 304 of the Civil 

7 Rights Act of 1960 (52 U.S.C. 20704) is amended by 

8 striking ‘‘record or paper’’ and inserting ‘‘record (includ9 ing electronic record), paper, or election equipment’’. 

10 (d) JURISDICTION TO COMPEL PRODUCTION.—Sec11 tion 305 of the Civil Rights Act of 1960 (52 U.S.C. 

12 20705) is amended by striking ‘‘record or paper’’ and in13 serting ‘‘record (including electronic record), paper, or 

14 election equipment’’ each place the term appears. 

15 SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE. 

16 Title III of the Civil Rights Act of 1960 (52 U.S.C. 

17 20701 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE. 

20 ‘‘(a) CAUSE OF ACTION.—The Attorney General, a 

21 representative of the Attorney General, or a candidate in 

22 a Federal election described in section 301 may bring an 

23 action in the district court of the United States for the 

24 judicial district in which a record or paper is located, or 

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1 lumbia, to compel compliance with the requirements of 

2 section 301. 

3 ‘‘(b) DUTY TO EXPEDITE.—It shall be the duty of 

4 the court to advance on the docket, and to expedite to 

5 the greatest possible extent the disposition of, the action 

6 and any appeal under this section.’’. 

7 Subtitle E—Judicial Protection of 

8 the Right to Vote and Non-par9 tisan Vote Tabulation 

10 SEC. 3401. UNDUE BURDENS ON THE ABILITY TO VOTE IN 

11 ELECTIONS FOR FEDERAL OFFICE PROHIB12 ITED. 

13 (a) IN GENERAL.—Every citizen of legal voting age 

14 shall have the right to vote in elections for Federal office. 

15 (b) RETROGRESSION.—A government may not dimin16 ish the ability to vote in an election for Federal office un17 less the law, rule, standard, practice, procedure, or other 

18 governmental action causing the diminishment is the least 

19 restrictive means of significantly furthering an important, 

20 particularized government interest. 

21 (c) SUBSTANTIAL IMPAIRMENT.—A government may 

22 not substantially impair the ability to vote in an election 

23 for Federal office unless the law, rule, standard, practice, 

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1 pairment significantly furthers an important, particular2 ized governmental interest. 

3 SEC. 3402. JUDICIAL REVIEW. 

4 (a) CIVIL ACTION.—An action challenging a violation 

5 of the rights created by this subtitle may be brought in 

6 the district court for the District of Columbia, or the dis7 trict court for the district in which the violation took place 

8 or where any defendant resides or does business, at the 

9 selection of the plaintiff, to obtain all appropriate relief, 

10 whether declaratory or injunctive, or facial or as-applied. 

11 Process may be served in any district where a defendant 

12 resides, does business, or may be found. 

13 (b) STANDARDS TO BE APPLIED.—In a civil action 

14 under this section, the following shall apply: 

15 (1) RETROGRESSION.— 

16 (A) A plaintiff establishes a prima facie 

17 case of retrogression under section 4401(b) by 

18 demonstrating by a preponderance of the evi19 dence that a rule, standard, practice, procedure, 

20 or other governmental action diminishes the 

21 ability, or otherwise makes it more difficult, to 

22 vote. 

23 (B) Once a plaintiff establishes a prima 

24 facie case as described in subparagraph (A), the 

25 government shall be provided an opportunity to 


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1 demonstrate by clear and convincing evidence 

2 that the diminishment is necessary to signifi3 cantly further an important, particularized gov4 ernmental interest. 

5 (C) If the government meets its burden 

6 under subparagraph (B), the challenged rule, 

7 standard, practice, procedure, or other govern8 mental action shall nonetheless be deemed in9 valid if the plaintiff demonstrates by a prepon10 derance of the evidence that the government 

11 could adopt or implement a less-restrictive 

12 means of furthering the particular important 

13 governmental interest. 

14 (2) SUBSTANTIAL IMPAIRMENT.— 

15 (A) A plaintiff establishes a prima facie 

16 case of substantial impairment under section 

17 4401(c) by demonstrating by a preponderance 

18 of the evidence that a rule, standard, practice, 

19 procedure, or other governmental action sub20 stantially impairs the ability, or makes it sub21 stantially difficult, to vote. 

22 (B) Once a plaintiff establishes a prima 

23 facie case as described in subparagraph (A), the 

24 government shall be provided an opportunity to 

25 demonstrate by clear and convincing evidence 


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1 that the impairment significantly furthers an 

2 important, particularized governmental interest. 

3 (c) DUTY TO EXPEDITE.—It shall be the duty of the 

4 court to advance on the docket and to expedite to the 

5 greatest reasonable extent the disposition of the action 

6 and appeal under this section. 

7 (d) ATTORNEY’S FEES.—Section 722(b) of the Re8 vised Statutes (42 U.S.C. 1988(b)) is amended— 

9 (1) by striking ‘‘or section 40302’’ and insert10 ing ‘‘section 40302’’; and 

11 (2) by striking ‘‘, the court’’ and inserting ‘‘, or 

12 section 4402(a) of the Freedom to Vote Act, the 

13 court’’. 

14 SEC. 3403. DEFINITIONS. 

15 In this subtitle— 

16 (1) the terms ‘‘election’’ and ‘‘Federal office’’ 

17 have the meanings given such terms in section 301 

18 of the Federal Election Campaign Act of 1971 (52 

19 U.S.C. 30101); 

20 (2) the term ‘‘government’’ includes a branch, 

21 department, agency, instrumentality, and official (or 

22 other person acting under color of law) of the 

23 United States, of any State, or of any political sub24 division of any State; 


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1 (3) the term ‘‘State’’ means the District of Co2 lumbia, the Commonwealth of Puerto Rico, and each 

3 territory and possession of the United States; and 

4 (4) the term ‘‘vote’’ means all actions necessary 

5 to make a vote effective, including registration or 

6 other action required by law as a prerequisite to vot7 ing, casting a ballot, and having such ballot counted 

8 and included in the appropriate totals of votes cast 

9 with respect to candidates for public office for which 

10 votes are received in an election. 

11 SEC. 3404. RULES OF CONSTRUCTION. 

12 (a) BURDENS NOT AUTHORIZED.—Nothing in this 

13 subtitle may be construed to authorize a government to 

14 burden the right to vote in elections for Federal office. 

15 (b) OTHER RIGHTS AND REMEDIES.—Nothing in 

16 this subtitle shall be construed as indicating an intent on 

17 the part of Congress to alter any rights existing under 

18 a State constitution or the Constitution of the United 

19 States, or to limit any remedies for any other violations 

20 of Federal, State, or local law. 

21 (c) OTHER PROVISIONS OF THIS ACT.—Nothing in 

22 this subtitle shall be construed as affecting section 1703 

23 of this Act (relating to rights of citizens). 


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1 SEC. 3405. SEVERABILITY. 

2 If any provision of this subtitle or the application of 

3 such provision to any citizen or circumstance is held to 

4 be unconstitutional, the remainder of this subtitle and the 

5 application of the provisions of such to any citizen or cir6 cumstance shall not be affected thereby. 

7 SEC. 3406. EFFECTIVE DATE. 

8 This subtitle shall apply with respect to any elections 

9 for Federal office occurring on or after January 1, 2022. 

10 Subtitle F—Poll Worker 

11 Recruitment and Training 

12 SEC. 3501. GRANTS TO STATES FOR POLL WORKER RE13 CRUITMENT AND TRAINING. 

14 (a) GRANTS BY ELECTION ASSISTANCE COMMIS15 SION.— 

16 (1) IN GENERAL.—The Election Assistance 

17 Commission (hereafter referred to as the ‘‘Commis18 sion’’) shall, subject to the availability of appropria19 tions provided to carry out this section, make a 

20 grant to each eligible State for recruiting and train21 ing individuals to serve as poll workers on dates of 

22 elections for public office. 

23 (2) USE OF COMMISSION MATERIALS.—In car24 rying out activities with a grant provided under this 

25 section, the recipient of the grant shall use the man26 ual prepared by the Commission on successful pracVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 tices for poll worker recruiting, training, and reten2 tion as an interactive training tool, and shall develop 

3 training programs with the participation and input 

4 of experts in adult learning. 

5 (3) ACCESS AND CULTURAL CONSIDER6 ATIONS.—The Commission shall ensure that the 

7 manual described in paragraph (2) provides training 

8 in methods that will enable poll workers to provide 

9 access and delivery of services in a culturally com10 petent manner to all voters who use their services, 

11 including those with limited English proficiency, di12 verse cultural and ethnic backgrounds, disabilities, 

13 and regardless of gender, sexual orientation, or gen14 der identity. These methods must ensure that each 

15 voter will have access to poll worker services that are 

16 delivered in a manner that meets the unique needs 

17 of the voter. 

18 (b) REQUIREMENTS FOR ELIGIBILITY.— 

19 (1) APPLICATION.—Each State that desires to 

20 receive a payment under this section shall submit an 

21 application for the payment to the Commission at 

22 such time and in such manner and containing such 

23 information as the Commission shall require. 

24 (2) CONTENTS OF APPLICATION.—Each appli25 cation submitted under paragraph (1) shall— 


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1 (A) describe the activities for which assist2 ance under this section is sought; 

3 (B) provide assurances that the funds pro4 vided under this section will be used to supple5 ment and not supplant other funds used to 

6 carry out the activities; 

7 (C) provide assurances that the State will 

8 furnish the Commission with information on the 

9 number of individuals who served as poll work10 ers after recruitment and training with the 

11 funds provided under this section; 

12 (D) provide assurances that the State will 

13 dedicate poll worker recruitment efforts with re14 spect to— 

15 (i) youth and minors, including by re16 cruiting at institutions of higher education 

17 and secondary education; and 

18 (ii) diversity, including with respect to 

19 race, ethnicity, and disability; and 

20 (E) provide such additional information 

21 and certifications as the Commission deter22 mines to be essential to ensure compliance with 

23 the requirements of this section. 

24 (c) AMOUNT OF GRANT.— 


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1 (1) IN GENERAL.—The amount of a grant 

2 made to a State under this section shall be equal to 

3 the product of— 

4 (A) the aggregate amount made available 

5 for grants to States under this section; and 

6 (B) the voting age population percentage 

7 for the State. 

8 (2) VOTING AGE POPULATION PERCENTAGE DE9 FINED.—In paragraph (1), the ‘‘voting age popu10 lation percentage’’ for a State is the quotient of— 

11 (A) the voting age population of the State 

12 (as determined on the basis of the most recent 

13 information available from the Bureau of the 

14 Census); and 

15 (B) the total voting age population of all 

16 States (as determined on the basis of the most 

17 recent information available from the Bureau of 

18 the Census). 

19 (d) REPORTS TO CONGRESS.— 

20 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

21 later than 6 months after the date on which the 

22 final grant is made under this section, each recipient 

23 of a grant shall submit a report to the Commission 

24 on the activities conducted with the funds provided 

25 by the grant. 


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1 (2) REPORTS BY COMMISSION.—Not later than 

2 1 year after the date on which the final grant is 

3 made under this section, the Commission shall sub4 mit a report to Congress on the grants made under 

5 this section and the activities carried out by recipi6 ents with the grants, and shall include in the report 

7 such recommendations as the Commission considers 

8 appropriate. 

9 (e) FUNDING.— 

10 (1) CONTINUING AVAILABILITY OF AMOUNT AP11 PROPRIATED.—Any amount appropriated to carry 

12 out this section shall remain available without fiscal 

13 year limitation until expended. 

14 (2) ADMINISTRATIVE EXPENSES.—Of the 

15 amount appropriated for any fiscal year to carry out 

16 this section, not more than 3 percent shall be avail17 able for administrative expenses of the Commission. 

18 SEC. 3502. STATE DEFINED. 

19 In this subtitle, the term ‘‘State’’ includes the Dis20 trict of Columbia, the Commonwealth of Puerto Rico, 

21 Guam, American Samoa, the United States Virgin Is22 lands, and the Commonwealth of the Northern Mariana 

23 Islands. 


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1 Subtitle G—Preventing Poll 

2 Observer Interference 

3 SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY. 

4 (a) REQUIREMENTS.—Subtitle A of title III of the 

5 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 

6 is amended by inserting after section 303 the following 

7 new section: 

8 ‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 

9 ‘‘(a) REQUIREMENTS FOR CHALLENGES BY PERSONS

10 OTHER THAN ELECTION OFFICIALS.— 

11 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

12 person, other than a State or local election official, 

13 shall submit a formal challenge to an individual’s eli14 gibility to register to vote in an election for Federal 

15 office or to vote in an election for Federal office un16 less that challenge is supported by personal knowl17 edge with respect to each individual challenged re18 garding the grounds for ineligibility which is— 

19 ‘‘(A) documented in writing; and 

20 ‘‘(B) subject to an oath or attestation 

21 under penalty of perjury that the challenger has 

22 a good faith factual basis to believe that the in23 dividual who is the subject of the challenge is 

24 ineligible to register to vote or vote in that elec25 tion, except a challenge which is based on the 


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1 race, ethnicity, or national origin of the indi2 vidual who is the subject of the challenge may 

3 not be considered to have a good faith factual 

4 basis for purposes of this paragraph. 

5 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

6 NEAR DATE OF ELECTION.—No person, other than 

7 a State or local election official, shall be permitted— 

8 ‘‘(A) to challenge an individual’s eligibility 

9 to vote in an election for Federal office on Elec10 tion Day on grounds that could have been made 

11 in advance of such day, or 

12 ‘‘(B) to challenge an individual’s eligibility 

13 to register to vote in an election for Federal of14 fice or to vote in an election for Federal office 

15 less than 10 days before the election unless the 

16 individual registered to vote less than 20 days 

17 before the election. 

18 ‘‘(b) BUFFER RULE.— 

19 ‘‘(1) IN GENERAL.—A person who is serving as 

20 a poll observer with respect to an election for Fed21 eral office may not come within 8 feet of— 

22 ‘‘(A) a voter or ballot at a polling location 

23 during any period of voting (including any pe24 riod of early voting) in such election; or 


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1 ‘‘(B) a ballot at any time during which the 

2 processing, scanning, tabulating, canvassing, or 

3 certifying voting results is occurring. 

4 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

5 paragraph (1) may be construed to limit the ability 

6 of a State or local election official to require poll ob7 servers to maintain a distance greater than 8 feet. 

8 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

9 with respect to elections for Federal office occurring on 

10 and after January 1, 2022.’’. 

11 (b) CONFORMING AMENDMENT RELATING TO VOL12 UNTARY GUIDANCE.—Section 321(b)(4) of such Act (52 

13 U.S.C. 21101(b)), as added and redesignated by section 

14 1101(b) and as amended by sections 1102, 1103, 1104, 

15 and 1303, is amended by striking ‘‘and 313’’ and inserting 

16 ‘‘313, and 303A’’. 

17 (c) CLERICAL AMENDMENT.—The table of contents 

18 of such Act is amended by inserting after the item relating 

19 to section 303 the following: 

‘‘Sec. 303A. Voter protection requirements.’’. 

20 Subtitle H—Preventing Restric21 tions on Food and Beverages 

22 SEC. 3701. FINDINGS. 

23 Congress finds the following: 

24 (1) States have a legitimate interest in prohib25 iting electioneering at or near polling places, and 


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1 each State has some form of restriction on political 

2 activities near polling places when voting is taking 

3 place. 

4 (2) In recent elections, voters have waited in 

5 unacceptably long lines to cast their ballot. During 

6 the 2018 midterm election, more than 3,000,000 

7 voters were made to wait longer than the acceptable 

8 threshold for wait times set by the Presidential 

9 Commission on Election Administration, including 

10 many well-documented cases where voters were made 

11 to wait for several hours. A disproportionate number 

12 of those who had to wait long periods were Black or 

13 Latino voters, who were more likely than White vot14 ers to wait in the longest lines on Election Day. 

15 (3) Allowing volunteers to donate food and 

16 water to all people waiting in line at a polling place, 

17 regardless of the voters’ political preference and 

18 without engaging in electioneering activities or par19 tisan advocacy, helps ensure Americans who face 

20 long lines at their polling place can still exercise 

21 their Constitutional right to vote, without risk of de22 hydration, inadequate food, discomfort, and risks to 

23 health. 


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1 SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF 

2 FOOD AND BEVERAGES AT POLLING STA3 TIONS. 

4 (a) REQUIREMENT.—Subtitle A of title III of the 

5 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

6 as amended by section 1031(a), section 1044(a), section 

7 1101(a), section 1102(a), section 1103(a), section 

8 1104(a), section 1201(a), section 1301(a), section 

9 1302(a), section 1303(b), section 1305(a), section 

10 1607(a)(1), section 1608(a), and section 1624(a) is 

11 amended— 

12 (1) by redesignating sections 318 and 319 as 

13 sections 319 and 320, respectively; and 

14 (2) by inserting after section 317 the following 

15 new section: 

16 ‘‘SEC. 318. PROHIBITING STATES FROM RESTRICTING DO17 NATIONS OF FOOD AND BEVERAGES AT 

18 POLLING STATIONS. 

19 ‘‘(a) PROHIBITION.—Subject to the exception in sub20 section (b), a State may not impose any restriction on the 

21 donation of food and nonalcoholic beverages to persons 

22 outside of the entrance to the building where a polling 

23 place for a Federal election is located, provided that such 

24 food and nonalcoholic beverages are distributed without 

25 regard to the electoral participation or political pref26 erences of the recipients. 


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1 ‘‘(b) EXCEPTION.—A State may require persons dis2 tributing food and nonalcoholic beverages outside the en3 trance to the building where a polling place for a Federal 

4 election is located to refrain from political or election5 eering activity. 

6 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

7 with respect to elections for Federal office occurring on 

8 and after January 1, 2022.’’. 

9 (b) VOLUNTARY GUIDANCE.—Section 321(b)(4) of 

10 such Act (52 U.S.C. 21101(b)), as added and redesignated 

11 by section 1101(b) and as amended by sections 1102, 

12 1103, 1104, 1303, and 3601(b), is amended by striking 

13 ‘‘and 303A’’ and inserting ‘‘303A, and 317’’. 

14 (c) CLERICAL AMENDMENTS.—The table of contents 

15 of such Act, as amended by section 1031(c), section 

16 1044(b), section 1101(c), section 1102(c), section 

17 1103(a), section 1104(c), section 1201(c), section 

18 1301(a), section 1302(a), section 1303(b), section 

19 1305(a), section 1607(a)(3), section 1608(b), and section 

20 1624(b) is amended— 

21 (1) by redesignating the items relating to sec22 tions 318 and 319 as relating to sections 319 and 

23 320, respectively; and 

24 (2) by inserting after the item relating to sec25 tion 317 the following new item: 


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‘‘Sec. 318. Prohibiting States from restricting donations of food and beverages 

at polling stations.’’. 

1 Subtitle I—Establishing Duty to 

2 Report Foreign Election Inter3 ference 

4 SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDER5 MINING OUR DEMOCRACY. 

6 Congress finds the following: 

7 (1) Criminals, terrorists, and corrupt govern8 ment officials frequently abuse anonymously held 

9 Limited Liability Companies (LLCs), also known as 

10 ‘‘shell companies,’’ to hide, move, and launder the 

11 dirty money derived from illicit activities such as 

12 trafficking, bribery, exploitation, and embezzlement. 

13 Ownership and control of the finances that run 

14 through shell companies are obscured to regulators 

15 and law enforcement because little information is re16 quired and collected when establishing these entities. 

17 (2) The public release of the ‘‘Panama Papers’’ 

18 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 

19 that these shell companies often purchase and sell 

20 United States real estate. United States anti-money 

21 laundering laws do not apply to cash transactions in22 volving real estate effectively concealing the bene23 ficiaries and transactions from regulators and law 

24 enforcement. 


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1 (3) Since the Supreme Court’s decisions in Citi2 zens United v. Federal Election Commission, 558 

3 U.S. 310 (2010), millions of dollars have flowed into 

4 super PACs through LLCs whose funders are anon5 ymous or intentionally obscured. Criminal investiga6 tions have uncovered LLCs that were used to hide 

7 illegal campaign contributions from foreign criminal 

8 fugitives, to advance international influence-buying 

9 schemes, and to conceal contributions from donors 

10 who were already under investigation for bribery and 

11 racketeering. Voters have no way to know the true 

12 sources of the money being routed through these 

13 LLCs to influence elections, including whether any 

14 of the funds come from foreign or other illicit 

15 sources. 

16 (4) Congress should curb the use of anonymous 

17 shell companies for illicit purposes by requiring 

18 United States companies to disclose their beneficial 

19 owners, strengthening anti-money laundering and 

20 counter-terrorism finance laws. 

21 (5) Congress should examine the money laun22 dering and terrorist financing risks in the real estate 

23 market, including the role of anonymous parties, and 

24 review legislation to address any vulnerabilities iden25 tified in this sector. 


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1 (6) Congress should examine the methods by 

2 which corruption flourishes and the means to detect 

3 and deter the financial misconduct that fuels this 

4 driver of global instability. Congress should monitor 

5 government efforts to enforce United States 

6 anticorruption laws and regulations. 

7 SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN 

8 CONTACTS. 

9 (a) INITIAL NOTICE.— 

10 (1) IN GENERAL.—Section 304 of the Federal 

11 Election Campaign Act of 1971 (52 U.S.C. 30104) 

12 is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON15 TACTS.— 

16 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 

17 Not later than 1 week after a reportable foreign con18 tact, each political committee shall notify the Fed19 eral Bureau of Investigation and the Commission of 

20 the reportable foreign contact and provide a sum21 mary of the circumstances with respect to such re22 portable foreign contact. The Federal Bureau of In23 vestigation, not later than 1 week after receiving a 

24 notification from a political committee under this 

25 paragraph, shall submit to the political committee, 


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1 the Permanent Select Committee on Intelligence of 

2 the House of Representatives, and the Select Com3 mittee on Intelligence of the Senate written or elec4 tronic confirmation of receipt of the notification. 

5 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 

6 Not later than 3 days after a reportable foreign con7 tact— 

8 ‘‘(A) each candidate and each immediate 

9 family member of a candidate shall notify the 

10 treasurer or other designated official of the 

11 principal campaign committee of such candidate 

12 of the reportable foreign contact and provide a 

13 summary of the circumstances with respect to 

14 such reportable foreign contact; and 

15 ‘‘(B) each official, employee, or agent of a 

16 political committee shall notify the treasurer or 

17 other designated official of the committee of the 

18 reportable foreign contact and provide a sum19 mary of the circumstances with respect to such 

20 reportable foreign contact. 

21 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

22 subsection: 

23 ‘‘(A) IN GENERAL.—The term ‘reportable 

24 foreign contact’ means any direct or indirect 

25 contact or communication that— 


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1 ‘‘(i) is between— 

2 ‘‘(I) a candidate, an immediate 

3 family member of the candidate, a po4 litical committee, or any official, em5 ployee, or agent of such committee; 

6 and 

7 ‘‘(II) an individual that the per8 son described in subclause (I) knows, 

9 has reason to know, or reasonably be10 lieves is a covered foreign national; 

11 and 

12 ‘‘(ii) the person described in clause 

13 (i)(I) knows, has reason to know, or rea14 sonably believes involves— 

15 ‘‘(I) an offer or other proposal 

16 for a contribution, donation, expendi17 ture, disbursement, or solicitation de18 scribed in section 319; or 

19 ‘‘(II) coordination or collabora20 tion with, an offer or provision of in21 formation or services to or from, or 

22 persistent and repeated contact with, 

23 a covered foreign national in connec24 tion with an election. 

25 ‘‘(B) EXCEPTIONS.— 


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1 ‘‘(i) CONTACTS IN OFFICIAL CAPACITY

2 AS ELECTED OFFICIAL.—The term ‘report3 able foreign contact’ shall not include any 

4 contact or communication with a covered 

5 foreign national by an elected official or an 

6 employee of an elected official solely in an 

7 official capacity as such an official or em8 ployee. 

9 ‘‘(ii) CONTACTS FOR PURPOSES OF

10 ENABLING OBSERVATION OF ELECTIONS

11 BY INTERNATIONAL OBSERVERS.—The 

12 term ‘reportable foreign contact’ shall not 

13 include any contact or communication with 

14 a covered foreign national by any person 

15 which is made for purposes of enabling the 

16 observation of elections in the United 

17 States by a foreign national or the obser18 vation of elections outside of the United 

19 States by a candidate, political committee, 

20 or any official, employee, or agent of such 

21 committee. 

22 ‘‘(iii) EXCEPTIONS NOT APPLICABLE

23 IF CONTACTS OR COMMUNICATIONS IN24 VOLVE PROHIBITED DISBURSEMENTS.—A 

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1 ficial or an employee of an elected official 

2 shall not be considered to be made solely 

3 in an official capacity for purposes of 

4 clause (i), and a contact or communication 

5 shall not be considered to be made for pur6 poses of enabling the observation of elec7 tions for purposes of clause (ii), if the con8 tact or communication involves a contribu9 tion, donation, expenditure, disbursement, 

10 or solicitation described in section 319. 

11 ‘‘(C) COVERED FOREIGN NATIONAL DE12 FINED.— 

13 ‘‘(i) IN GENERAL.—In this paragraph, 

14 the term ‘covered foreign national’ 

15 means— 

16 ‘‘(I) a foreign principal (as de17 fined in section 1(b) of the Foreign 

18 Agents Registration Act of 1938 (22 

19 U.S.C. 611(b)) that is a government 

20 of a foreign country or a foreign polit21 ical party; 

22 ‘‘(II) any person who acts as an 

23 agent, representative, employee, or 

24 servant, or any person who acts in 

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1 quest, or under the direction or con2 trol, of a foreign principal described in 

3 subclause (I) or of a person any of 

4 whose activities are directly or indi5 rectly supervised, directed, controlled, 

6 financed, or subsidized in whole or in 

7 major part by a foreign principal de8 scribed in subclause (I); or 

9 ‘‘(III) any person included in the 

10 list of specially designated nationals 

11 and blocked persons maintained by 

12 the Office of Foreign Assets Control 

13 of the Department of the Treasury 

14 pursuant to authorities relating to the 

15 imposition of sanctions relating to the 

16 conduct of a foreign principal de17 scribed in subclause (I). 

18 ‘‘(ii) CLARIFICATION REGARDING AP19 PLICATION TO CITIZENS OF THE UNITED

20 STATES.—In the case of a citizen of the 

21 United States, subclause (II) of clause (i) 

22 applies only to the extent that the person 

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1 cipal described in subclause (I) of clause 

2 (i). 

3 ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this 

4 subsection, the term ‘immediate family member’ 

5 means, with respect to a candidate, a parent, parent6 in-law, spouse, adult child, or sibling.’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall apply with respect to report9 able foreign contacts which occur on or after the 

10 date of the enactment of this Act. 

11 (b) INFORMATION INCLUDED ON REPORT.— 

12 (1) IN GENERAL.—Section 304(b) of such Act 

13 (52 U.S.C. 30104(b)) is amended— 

14 (A) by striking ‘‘and’’ at the end of para15 graph (7); 

16 (B) by striking the period at the end of 

17 paragraph (8) and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(9) for any reportable foreign contact (as de21 fined in subsection (j)(3))— 

22 ‘‘(A) the date, time, and location of the 

23 contact; 


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1 ‘‘(B) the date and time of when a des2 ignated official of the committee was notified of 

3 the contact; 

4 ‘‘(C) the identity of individuals involved; 

5 and 

6 ‘‘(D) a description of the contact, including 

7 the nature of any contribution, donation, ex8 penditure, disbursement, or solicitation involved 

9 and the nature of any activity described in sub10 section (j)(3)(A)(ii)(II) involved.’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) shall apply with respect to reports 

13 filed on or after the expiration of the 60-day period 

14 which begins on the date of the enactment of this 

15 Act. 

16 SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT RE17 PORTING COMPLIANCE SYSTEM. 

18 (a) IN GENERAL.—Section 302 of the Federal Elec19 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 

20 by adding at the end the following new subsection: 

21 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE

22 POLICY.— 

23 ‘‘(1) REPORTING.—Each political committee 

24 shall establish a policy that requires all officials, em25 ployees, and agents of such committee (and, in the 


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1 case of an authorized committee, the candidate and 

2 each immediate family member of the candidate) to 

3 notify the treasurer or other appropriate designated 

4 official of the committee of any reportable foreign 

5 contact (as defined in section 304(j)) not later than 

6 3 days after such contact was made. 

7 ‘‘(2) RETENTION AND PRESERVATION OF

8 RECORDS.—Each political committee shall establish 

9 a policy that provides for the retention and preserva10 tion of records and information related to reportable 

11 foreign contacts (as so defined) for a period of not 

12 less than 3 years. 

13 ‘‘(3) CERTIFICATION.— 

14 ‘‘(A) IN GENERAL.—Upon filing its state15 ment of organization under section 303(a), and 

16 with each report filed under section 304(a), the 

17 treasurer of each political committee (other 

18 than an authorized committee) shall certify 

19 that— 

20 ‘‘(i) the committee has in place poli21 cies that meet the requirements of para22 graphs (1) and (2); 

23 ‘‘(ii) the committee has designated an 

24 official to monitor compliance with such 

25 policies; and 


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1 ‘‘(iii) not later than 1 week after the 

2 beginning of any formal or informal affili3 ation with the committee, all officials, em4 ployees, and agents of such committee 

5 will— 

6 ‘‘(I) receive notice of such poli7 cies; 

8 ‘‘(II) be informed of the prohibi9 tions under section 319; and 

10 ‘‘(III) sign a certification affirm11 ing their understanding of such poli12 cies and prohibitions. 

13 ‘‘(B) AUTHORIZED COMMITTEES.—With 

14 respect to an authorized committee, the can15 didate shall make the certification required 

16 under subparagraph (A).’’. 

17 (b) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The amendment made by 

19 subsection (a) shall apply with respect to political 

20 committees which file a statement of organization 

21 under section 303(a) of the Federal Election Cam22 paign Act of 1971 (52 U.S.C. 30103(a)) on or after 

23 the date of the enactment of this Act. 

24 (2) TRANSITION RULE FOR EXISTING COMMIT25 TEES.—Not later than 30 days after the date of the 


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1 enactment of this Act, each political committee 

2 under the Federal Election Campaign Act of 1971 

3 shall file a certification with the Federal Election 

4 Commission that the committee is in compliance 

5 with the requirements of section 302(j) of such Act 

6 (as added by subsection (a)). 

7 SEC. 3804. CRIMINAL PENALTIES. 

8 Section 309(d)(1) of the Federal Election Campaign 

9 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add10 ing at the end the following new subparagraphs: 

11 ‘‘(E) Any person who knowingly and willfully com12 mits a violation of subsection (j) or (b)(9) of section 304 

13 or section 302(j) shall be fined not more than $500,000, 

14 imprisoned not more than 5 years, or both. 

15 ‘‘(F) Any person who knowingly and willfully conceals 

16 or destroys any materials relating to a reportable foreign 

17 contact (as defined in section 304(j)) shall be fined not 

18 more than $1,000,000, imprisoned not more than 5 years, 

19 or both.’’. 

20 SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE 

21 COMMITTEES. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, and annually thereafter, 

24 the Director of the Federal Bureau of Investigation shall 

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1 port relating to notifications received by the Federal Bu2 reau of Investigation under section 304(j)(1) of the Fed3 eral Election Campaign Act of 1971 (as added by section 

4 4902(a) of this Act). 

5 (b) ELEMENTS.—Each report under subsection (a) 

6 shall include, at a minimum, the following with respect 

7 to notifications described in subsection (a): 

8 (1) The number of such notifications received 

9 from political committees during the year covered by 

10 the report. 

11 (2) A description of protocols and procedures 

12 developed by the Federal Bureau of Investigation re13 lating to receipt and maintenance of records relating 

14 to such notifications. 

15 (3) With respect to such notifications received 

16 during the year covered by the report, a description 

17 of any subsequent actions taken by the Director re18 sulting from the receipt of such notifications. 

19 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

20 DEFINED.—In this section, the term ‘‘congressional intel21 ligence committees’’ has the meaning given that term in 

22 section 3 of the National Security Act of 1947 (50 U.S.C. 

23 3003). 


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1 SEC. 3806. RULE OF CONSTRUCTION. 

2 Nothing in this subtitle or the amendments made by 

3 this subtitle shall be construed— 

4 (1) to impede legitimate journalistic activities; 

5 or 

6 (2) to impose any additional limitation on the 

7 right to express political views or to participate in 

8 public discourse of any individual who— 

9 (A) resides in the United States; 

10 (B) is not a citizen of the United States or 

11 a national of the United States, as defined in 

12 section 101(a)(22) of the Immigration and Na13 tionality Act (8 U.S.C. 1101(a)(22)); and 

14 (C) is not lawfully admitted for permanent 

15 residence, as defined by section 101(a)(20) of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1101(a)(20)). 

18 Subtitle J—Promoting Accuracy, 

19 Integrity, and Security Through 

20 Voter-Verifiable Permanent 

21 Paper Ballot 

22 SEC. 3901. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Voter Confidence 

24 and Increased Accessibility Act of 2021’’. 


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1 SEC. 3902. PAPER BALLOT AND MANUAL COUNTING RE2 QUIREMENTS. 

3 (a) IN GENERAL.—Section 301(a)(2) of the Help 

4 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

5 amended to read as follows: 

6 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

7 ‘‘(A) VOTER-VERIFIABLE PAPER BAL8 LOTS.— 

9 ‘‘(i) The voting system shall require 

10 the use of an individual, durable, voter11 verifiable paper ballot of the voter’s vote 

12 selections that shall be marked by the 

13 voter and presented to the voter for 

14 verification before the voter’s ballot is pre15 served in accordance with subparagraph 

16 (B), and which shall be counted by hand or 

17 other counting device or read by a ballot 

18 tabulation device. For purposes of this sub19 clause, the term ‘individual, durable, voter20 verifiable paper ballot’ means a paper bal21 lot marked by the voter by hand or a paper 

22 ballot marked through the use of a nontab23 ulating ballot marking device or system, so 

24 long as the voter shall have the option at 

25 every in-person voting location to mark by 


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1 hand a printed ballot that includes all rel2 evant contests and candidates. 

3 ‘‘(ii) The voting system shall provide 

4 the voter with an opportunity to correct 

5 any error on the paper ballot before the 

6 permanent voter-verifiable paper ballot is 

7 preserved in accordance with subparagraph 

8 (B). 

9 ‘‘(iii) The voting system shall not pre10 serve the voter-verifiable paper ballots in 

11 any manner that makes it possible, at any 

12 time after the ballot has been cast, to asso13 ciate a voter with the record of the voter’s 

14 vote selections. 

15 ‘‘(iv) The voting system shall prevent, 

16 through mechanical means or through 

17 independently verified protections, the 

18 modification or addition of vote selections 

19 on a printed or marked ballot at any time 

20 after the voter has been provided an oppor21 tunity to correct errors on the ballot pur22 suant to clause (ii). 

23 ‘‘(B) PRESERVATION AS OFFICIAL

24 RECORD.—The individual, durable, voter25 verifiable paper ballot used in accordance with 


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1 subparagraph (A) shall constitute the official 

2 ballot and shall be preserved and used as the 

3 official ballot for purposes of any recount or 

4 audit conducted with respect to any election for 

5 Federal office in which the voting system is 

6 used. 

7 ‘‘(C) MANUAL COUNTING REQUIREMENTS

8 FOR RECOUNTS AND AUDITS.— 

9 ‘‘(i) Each paper ballot used pursuant 

10 to subparagraph (A) shall be suitable for a 

11 manual audit, and such ballots, or at least 

12 those ballots the machine could not count, 

13 shall be counted by hand in any recount or 

14 audit conducted with respect to any elec15 tion for Federal office. 

16 ‘‘(ii) In the event of any inconsist17 encies or irregularities between any elec18 tronic vote tallies and the vote tallies de19 termined by counting by hand the indi20 vidual, durable, voter-verifiable paper bal21 lots used pursuant to subparagraph (A), 

22 the individual, durable, voter-verifiable 

23 paper ballots shall be the true and correct 

24 record of the votes cast. 


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1 ‘‘(D) SENSE OF CONGRESS.—It is the 

2 sense of Congress that as innovation occurs in 

3 the election infrastructure sector, Congress 

4 should ensure that this Act and other Federal 

5 requirements for voting systems are updated to 

6 keep pace with best practices and recommenda7 tions for security and accessibility.’’. 

8 (b) CONFORMING AMENDMENT CLARIFYING APPLI9 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

10 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

11 is amended by inserting ‘‘(including the paper ballots re12 quired to be used under paragraph (2))’’ after ‘‘voting sys13 tem’’. 

14 (c) OTHER CONFORMING AMENDMENTS.—Section 

15 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend16 ed— 

17 (1) in subparagraph (A)(i), by striking ‘‘count18 ed’’ and inserting ‘‘counted, in accordance with 

19 paragraphs (2) and (3)’’; 

20 (2) in subparagraph (A)(ii), by striking ‘‘count21 ed’’ and inserting ‘‘counted, in accordance with 

22 paragraphs (2) and (3)’’; 

23 (3) in subparagraph (A)(iii), by striking ‘‘count24 ed’’ each place it appears and inserting ‘‘counted, in 

25 accordance with paragraphs (2) and (3)’’; and 


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1 (4) in subparagraph (B)(ii), by striking ‘‘count2 ed’’ and inserting ‘‘counted, in accordance with 

3 paragraphs (2) and (3)’’. 

4 SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

5 INDIVIDUALS WITH DISABILITIES. 

6 (a) IN GENERAL.—Paragraph (3) of section 301(a) 

7 of the Help America Vote Act of 2002 (52 U.S.C. 

8 21081(a)(3)) is amended to read as follows: 

9 ‘‘(3) ACCESSIBILITY FOR INDIVIDUALS WITH

10 DISABILITIES.— 

11 ‘‘(A) IN GENERAL.—The voting system 

12 shall— 

13 ‘‘(i) be accessible for individuals with 

14 disabilities, including nonvisual accessi15 bility for the blind and visually impaired, 

16 in a manner that provides the same oppor17 tunity for access and participation (includ18 ing privacy and independence) as for other 

19 voters; 

20 ‘‘(ii)(I) ensure that individuals with 

21 disabilities and others are given an equiva22 lent opportunity to vote, including with pri23 vacy and independence, in a manner that 

24 produces a voter-verifiable paper ballot; 

25 and 


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1 ‘‘(II) satisfy the requirement of clause 

2 (i) through the use at in-person polling lo3 cations of a sufficient number (not less 

4 than one) of voting systems equipped to 

5 serve individuals with and without disabil6 ities, including nonvisual and enhanced vis7 ual accessibility for the blind and visually 

8 impaired, and nonmanual and enhanced 

9 manual accessibility for the mobility and 

10 dexterity impaired; and 

11 ‘‘(iii) if purchased with funds made 

12 available under title II on or after January 

13 1, 2007, meet the voting system standards 

14 for disability access (as outlined in this 

15 paragraph). 

16 ‘‘(B) MEANS OF MEETING REQUIRE17 MENTS.—A voting system may meet the re18 quirements of subparagraph (A)(i) and para19 graph (2) by— 

20 ‘‘(i) allowing the voter to privately 

21 and independently verify the permanent 

22 paper ballot through the presentation, in 

23 accessible form, of the printed or marked 

24 vote selections from the same printed or 


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1 marked information that would be used for 

2 any vote tabulation or auditing; 

3 ‘‘(ii) allowing the voter to privately 

4 and independently verify and cast the per5 manent paper ballot without requiring the 

6 voter to manually handle the paper ballot; 

7 ‘‘(iii) marking ballots that are iden8 tical in size, ink, and paper stock to those 

9 ballots that would either be marked by 

10 hand or be marked by a ballot marking de11 vice made generally available to voters; or 

12 ‘‘(iv) combining ballots produced by 

13 any ballot marking devices reserved for in14 dividuals with disabilities with ballots that 

15 have either been marked by voters by hand 

16 or marked by ballot marking devices made 

17 generally available to voters, in a way that 

18 prevents identification of the ballots that 

19 were cast using any ballot marking device 

20 that was reserved for individuals with dis21 abilities. 

22 ‘‘(C) SUFFICIENT NUMBER.—For purposes 

23 of subparagraph (A)(ii)(II), the sufficient num24 ber of voting systems for any in-person polling 

25 location shall be determined based on guidance 


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1 from the Attorney General, in consultation with 

2 the Architectural and Transportation Barriers 

3 Compliance Board established under section 

4 502(a)(1) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 792(a)(1)) (commonly referred to as the 

6 United States Access Board) and the Commis7 sion.’’. 

8 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

9 AND DEVELOPMENT OF ACCESSIBLE VOTING OPTIONS.— 

10 (1) STUDY AND REPORTING.—Subtitle C of 

11 title II of such Act (52 U.S.C. 21081 et seq.) is 

12 amended— 

13 (A) by redesignating section 247 as section 

14 248; and 

15 (B) by inserting after section 246 the fol16 lowing new section: 

17 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING 

18 OPTIONS. 

19 ‘‘(a) GRANTS TO STUDY AND REPORT.—The Com20 mission, in coordination with the Access Board and the 

21 Cybersecurity and Infrastructure Security Agency, shall 

22 make grants to not fewer than 2 eligible entities to study, 

23 test, and develop— 

24 ‘‘(1) accessible and secure remote voting sys25 tems; 


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1 ‘‘(2) voting, verification, and casting devices to 

2 enhance the accessibility of voting and verification 

3 for individuals with disabilities; or 

4 ‘‘(3) both of the matters described in paragraph 

5 (1) and (2). 

6 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

7 grant under this part if it submits to the Commission (at 

8 such time and in such form as the Commission may re9 quire) an application containing— 

10 ‘‘(1) a certification that the entity shall com11 plete the activities carried out with the grant not 

12 later than January 1, 2024; and 

13 ‘‘(2) such other information and certifications 

14 as the Commission may require. 

15 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech16 nology developed with the grants made under this section 

17 shall be treated as non-proprietary and shall be made 

18 available to the public, including to manufacturers of vot19 ing systems. 

20 ‘‘(d) COORDINATION WITH GRANTS FOR TECH21 NOLOGY IMPROVEMENTS.—The Commission shall carry 

22 out this section so that the activities carried out with the 

23 grants made under subsection (a) are coordinated with the 

24 research conducted under the grant program carried out 

25 by the Commission under section 271, to the extent that 


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1 the Commission determine necessary to provide for the ad2 vancement of accessible voting technology. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out subsection 

5 (a) $10,000,000, to remain available until expended.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents of such Act is amended— 

8 (A) by redesignating the item relating to 

9 section 247 as relating to section 248; and 

10 (B) by inserting after the item relating to 

11 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible voting options.’’. 

12 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

13 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

14 adopting any voluntary guidance under subtitle B of title 

15 III of the Help America Vote Act with respect to the ac16 cessibility of the paper ballot verification requirements for 

17 individuals with disabilities, the Election Assistance Com18 mission shall include and apply the same accessibility 

19 standards applicable under the voluntary guidance adopt20 ed for accessible voting systems under such subtitle. 

21 (d) PERMITTING USE OF FUNDS FOR PROTECTION

22 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN23 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec24 tion 292(a) of the Help America Vote Act of 2002 (52 


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1 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

2 and all that follows and inserting a period. 

3 SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS 

4 FOR BALLOTS. 

5 Section 301(a) of the Help America Vote Act of 2002 

6 (52 U.S.C. 21081(a)) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(7) DURABILITY AND READABILITY REQUIRE9 MENTS FOR BALLOTS.— 

10 ‘‘(A) DURABILITY REQUIREMENTS FOR

11 PAPER BALLOTS.— 

12 ‘‘(i) IN GENERAL.—All voter-verifiable 

13 paper ballots required to be used under 

14 this Act shall be marked or printed on du15 rable paper. 

16 ‘‘(ii) DEFINITION.—For purposes of 

17 this Act, paper is ‘durable’ if it is capable 

18 of withstanding multiple counts and re19 counts by hand without compromising the 

20 fundamental integrity of the ballots, and 

21 capable of retaining the information 

22 marked or printed on them for the full du23 ration of a retention and preservation pe24 riod of 22 months. 


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1 ‘‘(B) READABILITY REQUIREMENTS FOR

2 PAPER BALLOTS MARKED BY BALLOT MARKING

3 DEVICE.—All voter-verifiable paper ballots com4 pleted by the voter through the use of a ballot 

5 marking device shall be clearly readable by the 

6 voter without assistance (other than eyeglasses 

7 or other personal vision enhancing devices) and 

8 by a ballot tabulation device or other device 

9 equipped for individuals with disabilities.’’. 

10 SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DE11 SIGN. 

12 (a) STUDY.—The Election Assistance Commission 

13 shall conduct a study of the best ways to design ballots 

14 used in elections for public office, including paper ballots 

15 and electronic or digital ballots, to minimize confusion and 

16 user errors. 

17 (b) REPORT.—Not later than January 1, 2022, the 

18 Election Assistance Commission shall submit to Congress 

19 a report on the study conducted under subsection (a). 

20 SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY RE21 QUIREMENTS. 

22 Section 301(a) of the Help America Vote Act of 2002 

23 (52 U.S.C. 21081(a)), as amended by section 3914, is fur24 ther amended by adding at the end the following new para25 graphs: 


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1 ‘‘(8) PROHIBITION OF USE OF WIRELESS COM2 MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 

3 No system or device upon which ballot marking de4 vices or ballot tabulation devices are configured, 

5 upon which ballots are marked by voters at a polling 

6 place (except as necessary for individuals with dis7 abilities to use ballot marking devices that meet the 

8 accessibility requirements of paragraph (3)), or upon 

9 which votes are cast, tabulated, or aggregated shall 

10 contain, use, or be accessible by any wireless, power11 line, or concealed communication device. 

12 ‘‘(9) PROHIBITING CONNECTION OF SYSTEM TO

13 THE INTERNET.—No system or device upon which 

14 ballot marking devices or ballot tabulation devices 

15 are configured, upon which ballots are marked by 

16 voters at a voting place, or upon which votes are 

17 cast, tabulated, or aggregated shall be connected to 

18 the internet or any non-local computer system via 

19 telephone or other communication network at any 

20 time.’’. 

21 SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

22 Section 301(d) of the Help America Vote Act of 2002 

23 (52 U.S.C. 21081(d)) is amended to read as follows: 

24 ‘‘(d) EFFECTIVE DATE.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), each State and jurisdiction shall be re3 quired to comply with the requirements of this sec4 tion on and after January 1, 2006. 

5 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE6 MENTS.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) and (C), the requirements of 

9 this section which are first imposed on a State 

10 or jurisdiction pursuant to the amendments 

11 made by the Voter Confidence and Increased 

12 Accessibility Act of 2021 shall apply with re13 spect to voting systems used for any election for 

14 Federal office held in 2022 or any succeeding 

15 year. 

16 ‘‘(B) SPECIAL RULE FOR JURISDICTIONS

17 USING CERTAIN PAPER RECORD PRINTERS OR

18 CERTAIN SYSTEMS USING OR PRODUCING

19 VOTER-VERIFIABLE PAPER RECORDS IN 2020.— 

20 ‘‘(i) IN GENERAL.—In the case of a 

21 jurisdiction described in clause (ii), the re22 quirements of paragraphs (2)(A)(i) and (7) 

23 of subsection (a) (as amended or added by 

24 the Voter Confidence and Increased Acces25 sibility Act of 2021) shall not apply before 


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1 the date on which the jurisdiction replaces 

2 the printers or systems described in clause 

3 (ii)(I) for use in the administration of elec4 tions for Federal office. 

5 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

6 jurisdiction described in this clause is a ju7 risdiction— 

8 ‘‘(I) which used voter-verifiable 

9 paper record printers attached to di10 rect recording electronic voting ma11 chines, or which used other voting 

12 systems that used or produced paper 

13 records of the vote verifiable by voters 

14 but that are not in compliance with 

15 paragraphs (2)(A)(i) and (7) of sub16 section (a) (as amended or added by 

17 the Voter Confidence and Increased 

18 Accessibility Act of 2021), for the ad19 ministration of the regularly sched20 uled general election for Federal office 

21 held in November 2020; and 

22 ‘‘(II) which will continue to use 

23 such printers or systems for the ad24 ministration of elections for Federal 


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1 office held in years before the applica2 ble year. 

3 ‘‘(iii) MANDATORY AVAILABILITY OF

4 PAPER BALLOTS AT POLLING PLACES

5 USING GRANDFATHERED PRINTERS AND

6 SYSTEMS.— 

7 ‘‘(I) REQUIRING BALLOTS TO BE

8 OFFERED AND PROVIDED.—The ap9 propriate election official at each poll10 ing place that uses a printer or sys11 tem described in clause (ii)(I) for the 

12 administration of elections for Federal 

13 office shall offer each individual who 

14 is eligible to cast a vote in the election 

15 at the polling place the opportunity to 

16 cast the vote using a blank printed 

17 paper ballot which the individual may 

18 mark by hand and which is not pro19 duced by the direct recording elec20 tronic voting machine or other such 

21 system. The official shall provide the 

22 individual with the ballot and the sup23 plies necessary to mark the ballot, and 

24 shall ensure (to the greatest extent 

25 practicable) that the waiting period 


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1 for the individual to cast a vote is the 

2 lesser of 30 minutes or the average 

3 waiting period for an individual who 

4 does not agree to cast the vote using 

5 such a paper ballot under this clause. 

6 ‘‘(II) TREATMENT OF BALLOT.— 

7 Any paper ballot which is cast by an 

8 individual under this clause shall be 

9 counted and otherwise treated as a 

10 regular ballot for all purposes (includ11 ing by incorporating it into the final 

12 unofficial vote count (as defined by 

13 the State) for the precinct) and not as 

14 a provisional ballot, unless the indi15 vidual casting the ballot would have 

16 otherwise been required to cast a pro17 visional ballot. 

18 ‘‘(III) POSTING OF NOTICE.— 

19 The appropriate election official shall 

20 ensure there is prominently displayed 

21 at each polling place a notice that de22 scribes the obligation of the official to 

23 offer individuals the opportunity to 

24 cast votes using a printed blank paper 

25 ballot. The notice shall comply with 


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1 the requirements of section 203 of the 

2 Voting Rights Act of 1965 (52 U.S.C. 

3 10503). 

4 ‘‘(IV) TRAINING OF ELECTION

5 OFFICIALS.—The chief State election 

6 official shall ensure that election offi7 cials at polling places in the State are 

8 aware of the requirements of this 

9 clause, including the requirement to 

10 display a notice under subclause (III), 

11 and are aware that it is a violation of 

12 the requirements of this title for an 

13 election official to fail to offer an indi14 vidual the opportunity to cast a vote 

15 using a blank printed paper ballot. 

16 ‘‘(V) PERIOD OF APPLICA17 BILITY.—The requirements of this 

18 clause apply only during the period 

19 beginning on January 1, 2022, and 

20 ending on the date on which the which 

21 the jurisdiction replaces the printers 

22 or systems described in clause (ii)(I) 

23 for use in the administration of elec24 tions for Federal office. 


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1 ‘‘(C) DELAY FOR CERTAIN JURISDICTIONS

2 USING VOTING SYSTEMS WITH WIRELESS COM3 MUNICATION DEVICES OR INTERNET CONNEC4 TIONS.— 

5 ‘‘(i) DELAY.—In the case of a juris6 diction described in clause (ii), subpara7 graph (A) shall apply to a voting system in 

8 the jurisdiction as if the reference in such 

9 subparagraph to ‘2022’ were a reference to 

10 ‘the applicable year’, but only with respect 

11 to the following requirements of this sec12 tion. 

13 ‘‘(I) Paragraph (8) of subsection 

14 (a) (relating to prohibition of wireless 

15 communication devices) 

16 ‘‘(II) Paragraph (9) of subsection 

17 (a) (relating to prohibition of con18 necting systems to the internet) 

19 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

20 jurisdiction described in this clause is a ju21 risdiction— 

22 ‘‘(I) which used a voting system 

23 which is not in compliance with para24 graphs (8) or (9) of subsection (a) (as 

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1 fidence and Increased Accessibility 

2 Act of 2021) for the administration of 

3 the regularly scheduled general elec4 tion for Federal office held in Novem5 ber 2020; 

6 ‘‘(II) which was not able, to all 

7 extent practicable, to comply with 

8 paragraph (8) and (9) of subsection 

9 (a) before January 1, 2022; and 

10 ‘‘(III) which will continue to use 

11 such printers or systems for the ad12 ministration of elections for Federal 

13 office held in years before the applica14 ble year. 

15 ‘‘(iii) APPLICABLE YEAR.— 

16 ‘‘(I) IN GENERAL.—Except as 

17 provided in subclause (II), the term 

18 ‘applicable year’ means 2026. 

19 ‘‘(II) EXTENSION.—If a State or 

20 jurisdiction certifies to the Commis21 sion not later than January 1, 2026, 

22 that the State or jurisdiction will not 

23 meet the requirements described in 

24 subclauses (I) and (II) of clause (i) by 

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1 tical to do so and includes in the cer2 tification the reasons for the failure to 

3 meet the deadline, the term ‘applica4 ble year’ means 2030.’’. 

5 SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 (a) AVAILABILITY OF GRANTS.— 

10 (1) IN GENERAL.—Subtitle D of title II of the 

11 Help America Vote Act of 2002 (52 U.S.C. 21001 

12 et seq.), as amended by section 1302(c), is amended 

13 by adding at the end the following new part: 

14 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

15 PAPER BALLOT VOTING SYSTEMS AND CAR16 RYING OUT VOTING SYSTEM SECURITY IM17 PROVEMENTS 

18 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

19 BALLOT VOTING SYSTEMS AND CARRYING 

20 OUT VOTING SYSTEM SECURITY IMPROVE21 MENTS. 

22 ‘‘(a) AVAILABILITY AND USE OF GRANT.— 

23 ‘‘(1) IN GENERAL.—The Commission shall 

24 make a grant to each eligible State— 

25 ‘‘(A) to replace a voting system— 


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1 ‘‘(i) which does not meet the require2 ments which are first imposed on the State 

3 pursuant to the amendments made by the 

4 Voter Confidence and Increased Accessi5 bility Act of 2021 with a voting system 

6 which— 

7 ‘‘(I) does meet such require8 ments; and 

9 ‘‘(II) in the case of a grand10 fathered voting system (as defined in 

11 paragraph (2)), is in compliance with 

12 the most recent voluntary voting sys13 tem guidelines; or 

14 ‘‘(ii) which does meet such require15 ments but which is not in compliance with 

16 the most recent voluntary voting system 

17 guidelines with another system which does 

18 meet such requirements and is in compli19 ance with such guidelines; 

20 ‘‘(B) to carry out voting system security 

21 improvements described in section 298A with 

22 respect to the regularly scheduled general elec23 tion for Federal office held in November 2022 

24 and each succeeding election for Federal office; 


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1 ‘‘(C) to implement and model best prac2 tices for ballot design, ballot instructions, and 

3 the testing of ballots; and 

4 ‘‘(D) to purchase or acquire accessible vot5 ing systems that meet the requirements of 

6 paragraph (2) and paragraph (3)(A)(i) of sec7 tion 301(a) by the means described in para8 graph (3)(B) of such section. 

9 ‘‘(2) DEFINITION OF GRANDFATHERED VOTING

10 SYSTEM.—In this subsection, the term ‘grand11 fathered voting system’ means a voting system that 

12 is used by a jurisdiction described in subparagraph 

13 (B)(ii) or (C)(ii) of section 301(d)(2). 

14 ‘‘(b) AMOUNT OF PAYMENT.— 

15 ‘‘(1) IN GENERAL.—The amount of payment 

16 made to an eligible State under this section shall be 

17 the minimum payment amount described in para18 graph (2) plus the voting age population proportion 

19 amount described in paragraph (3). 

20 ‘‘(2) MINIMUM PAYMENT AMOUNT.—The min21 imum payment amount described in this paragraph 

22 is— 

23 ‘‘(A) in the case of any of the several 

24 States or the District of Columbia, one-half of 


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1 1 percent of the aggregate amount made avail2 able for payments under this section; and 

3 ‘‘(B) in the case of the Commonwealth of 

4 Puerto Rico, Guam, American Samoa, the 

5 United States Virgin Islands, or the Common6 wealth of the Northern Mariana Islands, one7 tenth of 1 percent of such aggregate amount. 

8 ‘‘(3) VOTING AGE POPULATION PROPORTION

9 AMOUNT.—The voting age population proportion 

10 amount described in this paragraph is the product 

11 of— 

12 ‘‘(A) the aggregate amount made available 

13 for payments under this section minus the total 

14 of all of the minimum payment amounts deter15 mined under paragraph (2); and 

16 ‘‘(B) the voting age population proportion 

17 for the State (as defined in paragraph (4)). 

18 ‘‘(4) VOTING AGE POPULATION PROPORTION

19 DEFINED.—The term ‘voting age population propor20 tion’ means, with respect to a State, the amount 

21 equal to the quotient of— 

22 ‘‘(A) the voting age population of the State 

23 (as reported in the most recent decennial cen24 sus); and 


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1 ‘‘(B) the total voting age population of all 

2 States (as reported in the most recent decennial 

3 census). 

4 ‘‘(5) REQUIREMENT RELATING TO PURCHASE

5 OF ACCESSIBLE VOTING SYSTEMS.—An eligible State 

6 shall use not less than 10 percent of funds received 

7 by the State under this section to purchase acces8 sible voting systems described in subsection 

9 (a)(1)(D). 

10 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 

11 DESCRIBED. 

12 ‘‘(a) PERMITTED USES.—A voting system security 

13 improvement described in this section is any of the fol14 lowing: 

15 ‘‘(1) The acquisition of goods and services from 

16 qualified election infrastructure vendors by purchase, 

17 lease, or such other arrangements as may be appro18 priate. 

19 ‘‘(2) Cyber and risk mitigation training. 

20 ‘‘(3) A security risk and vulnerability assess21 ment of the State’s election infrastructure (as de22 fined in section 3908(b) of the Voter Confidence and 

23 Increased Accessibility Act of 2021) which is carried 

24 out by a provider of cybersecurity services under a 


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1 contract entered into between the chief State elec2 tion official and the provider. 

3 ‘‘(4) The maintenance of infrastructure used 

4 for elections, including addressing risks and 

5 vulnerabilities which are identified under either of 

6 the security risk and vulnerability assessments de7 scribed in paragraph (3), except that none of the 

8 funds provided under this part may be used to ren9 ovate or replace a building or facility which is not 

10 a primary provider of information technology serv11 ices for the administration of elections, and which is 

12 used primarily for purposes other than the adminis13 tration of elections for public office. 

14 ‘‘(5) Providing increased technical support for 

15 any information technology infrastructure that the 

16 chief State election official deems to be part of the 

17 State’s election infrastructure (as so defined) or des18 ignates as critical to the operation of the State’s 

19 election infrastructure (as so defined). 

20 ‘‘(6) Enhancing the cybersecurity and oper21 ations of the information technology infrastructure 

22 described in paragraph (4). 

23 ‘‘(7) Enhancing the cybersecurity of voter reg24 istration systems. 


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1 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN2 DORS DESCRIBED.—For purposes of this part, a ‘qualified 

3 election infrastructure vendor’ is any person who provides, 

4 supports, or maintains, or who seeks to provide, support, 

5 or maintain, election infrastructure (as defined in section 

6 3908(b) of the Voter Confidence and Increased Accessi7 bility Act of 2021) on behalf of a State, unit of local gov8 ernment, or election agency (as defined in section 3908(b) 

9 of such Act) who meets the criteria described in section 

10 3908(b) of such Act. 

11 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

12 ‘‘A State is eligible to receive a grant under this part 

13 if the State submits to the Commission, at such time and 

14 in such form as the Commission may require, an applica15 tion containing— 

16 ‘‘(1) a description of how the State will use the 

17 grant to carry out the activities authorized under 

18 this part; 

19 ‘‘(2) a certification and assurance that, not 

20 later than 5 years after receiving the grant, the 

21 State will carry out voting system security improve22 ments, as described in section 298A; and 

23 ‘‘(3) such other information and assurances as 

24 the Commission may require. 


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1 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

2 ‘‘Not later than 90 days after the end of each fiscal 

3 year, the Commission shall submit a report to the Com4 mittees on Homeland Security, House Administration, and 

5 the Judiciary of the House of Representatives and the 

6 Committees on Homeland Security and Governmental Af7 fairs, the Judiciary, and Rules and Administration of the 

8 Senate, on the activities carried out with the funds pro9 vided under this part. 

10 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated for grants under this part— 

13 ‘‘(1) $2,400,000,000 for fiscal year 2021; and 

14 ‘‘(2) $175,000,000 for each of the fiscal years 

15 2022, 2024, 2026, and 2028. 

16 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

17 amounts appropriated pursuant to the authorization of 

18 this section shall remain available until expended.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents of such Act, as amended by section 1402(c), 

21 is amended by adding at the end of the items relat22 ing to subtitle D of title II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 

carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 


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‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

1 (b) QUALIFIED ELECTION INFRASTRUCTURE VEN2 DORS.— 

3 (1) IN GENERAL.—The Secretary, in consulta4 tion with the Chair, shall establish and publish cri5 teria for qualified election infrastructure vendors for 

6 purposes of section 298A of the Help America Vote 

7 Act of 2002 (as added by this Act). 

8 (2) CRITERIA.—The criteria established under 

9 paragraph (1) shall include each of the following re10 quirements: 

11 (A) The vendor shall— 

12 (i) be owned and controlled by a cit13 izen or permanent resident of the United 

14 States or a member of the Five Eyes intel15 ligence-sharing alliance; and 

16 (ii) in the case of any election infra17 structure which is a voting machine, en18 sure that such voting machine is assembled 

19 in the United States. 

20 (B) The vendor shall disclose to the Sec21 retary and the Chair, and to the chief State 

22 election official of any State to which the ven23 dor provides any goods and services with funds 

24 provided under part 8 of subtitle D of title II 


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1 of the Help America Vote Act of 2002 (as 

2 added by this Act), of any sourcing outside the 

3 United States for parts of the election infra4 structure. 

5 (C) The vendor shall disclose to the Sec6 retary and the Chair, and to the chief State 

7 election official of any State to which the ven8 dor provides any goods and services with funds 

9 provided under such part 8, the identification of 

10 any entity or individual with a more than 5 per11 cent ownership interest in the vendor. 

12 (D) The vendor agrees to ensure that the 

13 election infrastructure will be developed and 

14 maintained in a manner that is consistent with 

15 the cybersecurity best practices issued by the 

16 Cybersecurity and Infrastructure Security 

17 Agency of the Department of Homeland Secu18 rity. 

19 (E) The vendor agrees to maintain its in20 formation technology infrastructure in a man21 ner that is consistent with the cybersecurity 

22 best practices issued by the Cybersecurity and 

23 Infrastructure Security Agency of the Depart24 ment of Homeland Security. 


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1 (F) The vendor agrees to ensure that the 

2 election infrastructure will be developed and 

3 maintained in a manner that is consistent with 

4 the supply chain best practices issued by the 

5 Cybersecurity and Infrastructure Security 

6 Agency of the Department of Homeland Secu7 rity. 

8 (G) The vendor agrees to ensure that it 

9 has personnel policies and practices in place 

10 that are consistent with personnel best prac11 tices, including cybersecurity training and back12 ground checks, issued by the Cybersecurity and 

13 Infrastructure Security Agency of the Depart14 ment of Homeland Security. 

15 (H) The vendor agrees to ensure that the 

16 election infrastructure will be developed and 

17 maintained in a manner that is consistent with 

18 data integrity best practices, including require19 ments for encrypted transfers and validation, 

20 testing and checking printed materials for accu21 racy, and disclosure of quality control incidents, 

22 issued by the Cybersecurity and Infrastructure 

23 Security Agency of the Department of Home24 land Security. 


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1 (I) The vendor agrees to meet the require2 ments of paragraph (3) with respect to any 

3 known or suspected cybersecurity incidents in4 volving any of the goods and services provided 

5 by the vendor pursuant to a grant under part 

6 8 of subtitle D of title II of the Help America 

7 Vote Act of 2002 (as added by this Act). 

8 (J) The vendor agrees to permit inde9 pendent security testing by the Election Assist10 ance Commission (in accordance with section 

11 231(a) of the Help America Vote Act of 2002 

12 (52 U.S.C. 20971)) and by the Secretary of the 

13 goods and services provided by the vendor pur14 suant to a grant under part 8 of subtitle D of 

15 title II of the Help America Vote Act of 2002 

16 (as added by this Act). 

17 (3) CYBERSECURITY INCIDENT REPORTING RE18 QUIREMENTS.— 

19 (A) IN GENERAL.—A vendor meets the re20 quirements of this paragraph if, upon becoming 

21 aware of the possibility that an election cyberse22 curity incident has occurred involving any of 

23 the goods and services provided by the vendor 

24 pursuant to a grant under part 8 of subtitle D 


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1 of title II of the Help America Vote Act of 

2 2002 (as added by this Act)— 

3 (i) the vendor promptly assesses 

4 whether or not such an incident occurred, 

5 and submits a notification meeting the re6 quirements of subparagraph (B) to the 

7 Secretary and the Chair of the assessment 

8 as soon as practicable (but in no case later 

9 than 3 days after the vendor first becomes 

10 aware of the possibility that the incident 

11 occurred); 

12 (ii) if the incident involves goods or 

13 services provided to an election agency, the 

14 vendor submits a notification meeting the 

15 requirements of subparagraph (B) to the 

16 agency as soon as practicable (but in no 

17 case later than 3 days after the vendor 

18 first becomes aware of the possibility that 

19 the incident occurred), and cooperates with 

20 the agency in providing any other nec21 essary notifications relating to the inci22 dent; and 

23 (iii) the vendor provides all necessary 

24 updates to any notification submitted 

25 under clause (i) or clause (ii). 


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1 (B) CONTENTS OF NOTIFICATIONS.—Each 

2 notification submitted under clause (i) or clause 

3 (ii) of subparagraph (A) shall contain the fol4 lowing information with respect to any election 

5 cybersecurity incident covered by the notifica6 tion: 

7 (i) The date, time, and time zone 

8 when the election cybersecurity incident 

9 began, if known. 

10 (ii) The date, time, and time zone 

11 when the election cybersecurity incident 

12 was detected. 

13 (iii) The date, time, and duration of 

14 the election cybersecurity incident. 

15 (iv) The circumstances of the election 

16 cybersecurity incident, including the spe17 cific election infrastructure systems be18 lieved to have been accessed and informa19 tion acquired, if any. 

20 (v) Any planned and implemented 

21 technical measures to respond to and re22 cover from the incident. 

23 (vi) In the case of any notification 

24 which is an update to a prior notification, 

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1 ing to the incident, including technical 

2 data, as it becomes available. 

3 (C) DEVELOPMENT OF CRITERIA FOR RE4 PORTING.—Not later than 1 year after the date 

5 of enactment of this Act, the Director of the 

6 Cybersecurity and Infrastructure Security 

7 Agency shall, in consultation with the Election 

8 Infrastructure Sector Coordinating Council, de9 velop criteria for incidents which are required to 

10 be reported in accordance with subparagraph 

11 (A). 

12 (4) DEFINITIONS.—In this subsection: 

13 (A) CHAIR.—The term ‘‘Chair’’ means the 

14 Chair of the Election Assistance Commission. 

15 (B) CHIEF STATE ELECTION OFFICIAL.— 

16 The term ‘‘chief State election official’’ means, 

17 with respect to a State, the individual des18 ignated by the State under section 10 of the 

19 National Voter Registration Act of 1993 (52 

20 U.S.C. 20509) to be responsible for coordina21 tion of the State’s responsibilities under such 

22 Act. 

23 (C) ELECTION AGENCY.—The term ‘‘elec24 tion agency’’ means any component of a State, 

25 or any component of a unit of local government 


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1 in a State, which is responsible for the adminis2 tration of elections for Federal office in the 

3 State. 

4 (D) ELECTION INFRASTRUCTURE.—The 

5 term ‘‘election infrastructure’’ means storage 

6 facilities, polling places, and centralized vote 

7 tabulation locations used to support the admin8 istration of elections for public office, as well as 

9 related information and communications tech10 nology, including voter registration databases, 

11 voting machines, electronic mail and other com12 munications systems (including electronic mail 

13 and other systems of vendors who have entered 

14 into contracts with election agencies to support 

15 the administration of elections, manage the 

16 election process, and report and display election 

17 results), and other systems used to manage the 

18 election process and to report and display elec19 tion results on behalf of an election agency. 

20 (E) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Homeland Security. 

22 (F) STATE.—The term ‘‘State’’ has the 

23 meaning given such term in section 901 of the 

24 Help America Vote Act of 2002 (52 U.S.C. 

25 21141). 


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1 Subtitle K—Provisional Ballots 

2 SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL 

3 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

4 NONDISCRIMINATORY STANDARDS. 

5 (a) IN GENERAL.—Section 302 of the Help America 

6 Vote Act of 2002 (52 U.S.C. 21082), as amended by sec7 tion 1601(a), is amended— 

8 (1) by redesignating subsection (e) as sub9 section (h); and 

10 (2) by inserting after subsection (d) the fol11 lowing new subsections: 

12 ‘‘(e) COUNTING OF PROVISIONAL BALLOTS.— 

13 ‘‘(1) IN GENERAL.—For purposes of subsection 

14 (a)(4), if a provisional ballot is cast within the same 

15 county in which the voter is registered or otherwise 

16 eligible to vote, then notwithstanding the precinct or 

17 polling place at which a provisional ballot is cast 

18 within the county, the appropriate election official of 

19 the jurisdiction in which the individual is registered 

20 or otherwise eligible to vote shall count each vote on 

21 such ballot for each election in which the individual 

22 who cast such ballot is eligible to vote. 

23 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

24 this subsection shall prohibit a State or jurisdiction 

25 from counting a provisional ballot which is cast in 


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1 a different county within the State than the county 

2 in which the voter is registered or otherwise eligible 

3 to vote. 

4 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

5 apply with respect to elections held on or after Janu6 ary 1, 2022. 

7 ‘‘(f) UNIFORM AND NONDISCRIMINATORY STAND8 ARDS.— 

9 ‘‘(1) IN GENERAL.—Consistent with the re10 quirements of this section, each State shall establish 

11 uniform and nondiscriminatory standards for the 

12 issuance, handling, and counting of provisional bal13 lots. 

14 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

15 apply with respect to elections held on or after Janu16 ary 1, 2022. 

17 ‘‘(g) ADDITIONAL CONDITIONS PROHIBITED.—If an 

18 individual in a State is eligible to cast a provisional ballot 

19 as provided under this section, the State may not impose 

20 any additional conditions or requirements (including con21 ditions or requirements regarding the timeframe in which 

22 a provisional ballot may be cast) on the eligibility of the 

23 individual to cast such provisional ballot.’’. 

24 (b) CONFORMING AMENDMENT.—Section 302(h) of 

25 such Act (52 U.S.C. 21082(g)), as amended by section 


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1 1601(a) and redesignated by subsection (a), is amended 

2 by striking ‘‘subsection (d)(4)’’ and inserting ‘‘subsections 

3 (d)(4), (e)(3), and (f)(2)’’. 

4 TITLE IV—VOTING SYSTEM 

5 SECURITY 

6 SEC. 4001. POST-ELECTION AUDIT REQUIREMENT. 

7 (a) IN GENERAL.—Title III of the Help America 

8 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

9 by section 3601, is amended by inserting after section 

10 303A the following new section: 

11 ‘‘SEC. 303B. POST-ELECTION AUDITS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) POST-ELECTION AUDIT.—Except as pro14 vided in subsection (c)(1)(B), the term ‘post-election 

15 audit’ means, with respect to any election contest, a 

16 post-election process that— 

17 ‘‘(A) has a probability of at least 95 per18 cent of correcting the reported outcome if the 

19 reported outcome is not the correct outcome; 

20 ‘‘(B) will not change the outcome if the re21 ported outcome is the correct outcome; and 

22 ‘‘(C) involves a manual adjudication of 

23 voter intent from some or all of the ballots val24 idly cast in the election contest. 


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1 ‘‘(2) REPORTED OUTCOME; CORRECT OUTCOME; 

2 OUTCOME.— 

3 ‘‘(A) REPORTED OUTCOME.—The term ‘re4 ported outcome’ means the outcome of an elec5 tion contest which is determined according to 

6 the canvass and which will become the official, 

7 certified outcome unless it is revised by an 

8 audit, recount, or other legal process. 

9 ‘‘(B) CORRECT OUTCOME.—The term ‘cor10 rect outcome’ means the outcome that would be 

11 determined by a manual adjudication of voter 

12 intent for all votes validly cast in the election 

13 contest. 

14 ‘‘(C) OUTCOME.—The term ‘outcome’ 

15 means the winner or set of winners of an elec16 tion contest. 

17 ‘‘(3) MANUAL ADJUDICATION OF VOTER IN18 TENT.—The term ‘manual adjudication of voter in19 tent’ means direct inspection and determination by 

20 humans, without assistance from electronic or me21 chanical tabulation devices, of the ballot choices 

22 marked by voters on each voter-verifiable paper 

23 record. 


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1 ‘‘(4) BALLOT MANIFEST.—The term ‘ballot 

2 manifest’ means a record maintained by each juris3 diction that— 

4 ‘‘(A) is created without reliance on any 

5 part of the voting system used to tabulate 

6 votes; 

7 ‘‘(B) functions as a sampling frame for 

8 conducting a post-election audit; and 

9 ‘‘(C) accounts for all ballots validly cast re10 gardless of how they were tabulated and in11 cludes a precise description of the manner in 

12 which the ballots are physically stored, includ13 ing the total number of physical groups of bal14 lots, the numbering system for each group, a 

15 unique label for each group, and the number of 

16 ballots in each such group. 

17 ‘‘(b) REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) AUDITS.— 

20 ‘‘(i) IN GENERAL.—Each State and 

21 jurisdiction shall administer post-election 

22 audits of the results of all election contests 

23 for Federal office held in the State in ac24 cordance with the requirements of para25 graph (2). 


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1 ‘‘(ii) EXCEPTION.—Clause (i) shall 

2 not apply to any election contest for which 

3 the State or jurisdiction conducts a full re4 count through a manual adjudication of 

5 voter intent. 

6 ‘‘(B) FULL MANUAL TABULATION.—If a 

7 post-election audit conducted under subpara8 graph (A) corrects the reported outcome of an 

9 election contest, the State or jurisdiction shall 

10 use the results of the manual adjudication of 

11 voter intent conducted as part of the post-elec12 tion audit as the official results of the election 

13 contest. 

14 ‘‘(2) AUDIT REQUIREMENTS.— 

15 ‘‘(A) RULES AND PROCEDURES.— 

16 ‘‘(i) IN GENERAL.—Not later than 6 

17 years after the date of the enactment of 

18 this section, the chief State election official 

19 of the State shall establish rules and proce20 dures for conducting post-election audits. 

21 ‘‘(ii) MATTERS INCLUDED.—The rules 

22 and procedures established under clause (i) 

23 shall include the following: 

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1 umenting that prescribed procedures 

2 were followed. 

3 ‘‘(II) Rules and procedures for 

4 ensuring the accuracy of ballot mani5 fests produced by jurisdictions. 

6 ‘‘(III) Rules and procedures for 

7 governing the format of ballot mani8 fests and other data involved in post9 election audits. 

10 ‘‘(IV) Methods to ensure that 

11 any cast vote records used in a post12 election audit are those used by the 

13 voting system to tally the results of 

14 the election contest sent to the chief 

15 State election official of the State and 

16 made public. 

17 ‘‘(V) Rules and procedures for 

18 the random selection of ballots to be 

19 inspected manually during each audit. 

20 ‘‘(VI) Rules and procedures for 

21 the calculations and other methods to 

22 be used in the audit and to determine 

23 whether and when the audit of each 

24 election contest is complete. 


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1 ‘‘(VII) Rules and procedures for 

2 testing any software used to conduct 

3 post-election audits. 

4 ‘‘(B) PUBLIC REPORT.— 

5 ‘‘(i) IN GENERAL.—After the comple6 tion of the post-election audit and at least 

7 5 days before the election contest is cer8 tified by the State, the State shall make 

9 public and submit to the Commission a re10 port on the results of the audit, together 

11 with such information as necessary to con12 firm that the audit was conducted prop13 erly. 

14 ‘‘(ii) FORMAT OF DATA.—All data 

15 published with the report under clause (i) 

16 shall be published in machine-readable, 

17 open data formats. 

18 ‘‘(iii) PROTECTION OF ANONYMITY OF

19 VOTES.—Information and data published 

20 by the State under this subparagraph shall 

21 not compromise the anonymity of votes. 

22 ‘‘(iv) REPORT MADE AVAILABLE BY

23 COMMISSION.—After receiving any report 

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1 sion shall make such report available on its 

2 website. 

3 ‘‘(3) EFFECTIVE DATE; WAIVER.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraphs (B) and (C), each State and ju6 risdiction shall be required to comply with the 

7 requirements of this subsection for the first reg8 ularly scheduled election for Federal office oc9 curring in 2032 and for each subsequent elec10 tion for Federal office. 

11 ‘‘(B) WAIVER.—Except as provided in sub12 paragraph (C), if a State certifies to the Elec13 tion Assistance Commission not later than the 

14 first regularly scheduled election for Federal of15 fice occurring in 2032, that the State will not 

16 meet the deadline described in subparagraph 

17 (A) because it would be impracticable to do so 

18 and includes in the certification the reasons for 

19 the failure to meet such deadline, subparagraph 

20 (A) of this subsection and subsection (c)(2)(A) 

21 shall apply to the State as if the reference in 

22 such subsections to ‘2032’ were a reference to 

23 ‘2034’. 

24 ‘‘(C) ADDITIONAL WAIVER PERIOD.—If a 

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1 mission not later than the first regularly sched2 uled election for Federal office occurring in 

3 2034, that the State will not meet the deadline 

4 described in subparagraph (B) because it would 

5 be impracticable to do so and includes in the 

6 certification the reasons for the failure to meet 

7 such deadline, subparagraph (B) of this sub8 section and subsection (c)(2)(A) shall apply to 

9 the State as if the reference in such subsections 

10 to ‘2034’ were a reference to ‘2036’. 

11 ‘‘(c) PHASED IMPLEMENTATION.— 

12 ‘‘(1) POST-ELECTION AUDITS.— 

13 ‘‘(A) IN GENERAL.—For the regularly 

14 scheduled elections for Federal office occurring 

15 in 2024 and 2026, each State shall administer 

16 a post-election audit of the result of at least one 

17 statewide election contest for Federal office held 

18 in the State, or if no such statewide contest is 

19 on the ballot, one election contest for Federal 

20 office chosen at random. 

21 ‘‘(B) POST-ELECTION AUDIT DEFINED.— 

22 In this subsection, the term ‘post-election audit’ 

23 means a post-election process that involves a 

24 manual adjudication of voter intent from a 


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1 sample of ballots validly cast in the election 

2 contest. 

3 ‘‘(2) POST-ELECTION AUDITS FOR SELECT CON4 TESTS.—Subject to subparagraphs (B) and (C) of 

5 subsection (b)(3), for the regularly scheduled elec6 tions for Federal office occurring in 2028 and for 

7 each subsequent election for Federal office that oc8 curs prior to the first regularly scheduled election 

9 for Federal office occurring in 2032, each State 

10 shall administer a post-election audit of the result of 

11 at least one statewide election contest for Federal of12 fice held in the State, or if no such statewide contest 

13 is on the ballot, one election contest for Federal of14 fice chosen at random. 

15 ‘‘(3) STATES THAT ADMINISTER POST-ELEC16 TION AUDITS FOR ALL CONTESTS.—A State shall be 

17 exempt from the requirements of this subsection for 

18 any regularly scheduled election for Federal office in 

19 which the State meets the requirements of sub20 section (b).’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 for such Act, as amended by section 3601, is amended 

23 by inserting after the item relating to section 303A the 

24 following new item: 

‘‘Sec. 303B. Post-election audits.’’. 


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1 (c) STUDY ON POST-ELECTION AUDIT BEST PRAC2 TICES.— 

3 (1) IN GENERAL.—The Director of the National 

4 Institute of Standards and Technology shall estab5 lish an advisory committee to study post-election au6 dits and establish best practices for post-election 

7 audit methodologies and procedures. 

8 (2) ADVISORY COMMITTEE.—The Director of 

9 the National Institute of Standards and Technology 

10 shall appoint individuals to the advisory committee 

11 and secure the representation of— 

12 (A) State and local election officials; 

13 (B) individuals with experience and exper14 tise in election security; 

15 (C) individuals with experience and exper16 tise in post-election audit procedures; and 

17 (D) individuals with experience and exper18 tise in statistical methods. 

19 (3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out the purposes of this 

22 subsection. 

23 SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION. 

24 Subparagraph (J) of section 2001(3) of the Home25 land Security Act of 2002 (6 U.S.C. 601(3)) is amended 


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1 by inserting ‘‘, including election infrastructure’’ before 

2 the period at the end. 

3 SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELEC4 TRONIC POLL BOOKS AND REMOTE BALLOT 

5 MARKING SYSTEMS. 

6 (a) INCLUSION UNDER VOLUNTARY VOTING SYSTEM

7 GUIDELINES.—Section 222 of the Help America Vote Act 

8 of 2002 (52 U.S.C. 20962) is amended— 

9 (1) by redesignating subsections (a), (b), (c), 

10 (d), and (e) as subsections (b), (c), (d), (e), and (f); 

11 (2) by inserting after the section heading the 

12 following: 

13 ‘‘(a) VOLUNTARY VOTING SYSTEM GUIDELINES.— 

14 The Commission shall adopt voluntary voting system 

15 guidelines that describe functionality, accessibility, and se16 curity principles for the design, development, and oper17 ation of voting systems, electronic poll books, and remote 

18 ballot marking systems.’’; and 

19 (3) by adding at the end the following new sub20 sections: 

21 ‘‘(g) INITIAL GUIDELINES FOR ELECTRONIC POLL

22 BOOKS AND REMOTE BALLOT MARKING SYSTEMS.— 

23 ‘‘(1) ADOPTION DATE.—The Commission shall 

24 adopt initial voluntary voting system guidelines for 


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1 electronic poll books and remote ballot marking sys2 tems by January 1, 2022. 

3 ‘‘(2) SPECIAL RULE FOR INITIAL GUIDE4 LINES.—The Commission may adopt initial vol5 untary voting system guidelines for electronic poll 

6 books and remote ballot marking systems without 

7 modifying the most recently adopted voluntary vot8 ing system guidelines for voting systems. 

9 ‘‘(h) DEFINITIONS.—In this section: 

10 ‘‘(1) VOTING SYSTEM DEFINED.—The term 

11 ‘voting system’ has the same meaning given that 

12 term in section 301. 

13 ‘‘(2) ELECTRONIC POLL BOOK DEFINED.—The 

14 term ‘electronic poll book’ means the total combina15 tion of mechanical, electromechanical, or electronic 

16 equipment (including the software, firmware, and 

17 documentation required to program, control, and 

18 support the equipment) that is used— 

19 ‘‘(A) to retain the list of registered voters 

20 at a polling location, or vote center, or other lo21 cation at which voters cast votes in an election 

22 for Federal office; and 

23 ‘‘(B) to identify registered voters who are 

24 eligible to vote in an election. 


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1 ‘‘(3) REMOTE BALLOT MARKING SYSTEM DE2 FINED.—The term ‘remote ballot marking system’ 

3 means an election system that— 

4 ‘‘(A) is used by a voter to mark their bal5 lots outside of a voting center or polling place; 

6 and 

7 ‘‘(B) allows a voter to receive a blank bal8 lot to mark electronically, print, and then cast 

9 by returning the printed ballot to the elections 

10 office or other designated location.’’. 

11 (b) PROVIDING FOR CERTIFICATION OF ELECTRONIC

12 POLL BOOKS AND REMOTE BALLOT MARKING SYSTEM.— 

13 Section 231(a) of the Help America Vote Act of 2002 (52 

14 U.S.C. 20971(a)) is amended, in each of paragraphs (1) 

15 and (2), by inserting ‘‘, electronic poll books, and remote 

16 ballot marking systems’’ after ‘‘software’’. 

17 SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM 

18 USAGE. 

19 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

20 III of the Help America Vote Act of 2002 (52 U.S.C. 

21 21081 et seq.) is amended by inserting after section 301 

22 the following new section: 


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1 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

2 USAGE. 

3 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.—Not 

4 later than 120 days before the date of each regularly 

5 scheduled general election for Federal office, the chief 

6 State election official of a State shall submit a report to 

7 the Commission containing a detailed voting system usage 

8 plan for each jurisdiction in the State which will admin9 ister the election, including a detailed plan for the usage 

10 of electronic poll books and other equipment and compo11 nents of such system. If a jurisdiction acquires and imple12 ments a new voting system within the 120 days before the 

13 date of the election, it shall notify the chief State election 

14 official of the State, who shall submit to the Commission 

15 in a timely manner an updated report under the preceding 

16 sentence. 

17 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

18 with respect to the regularly scheduled general election for 

19 Federal office held in November 2022 and each succeeding 

20 regularly scheduled general election for Federal office’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 of such Act is amended by inserting after the item relating 

23 to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 


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1 SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN 

2 THE UNITED STATES. 

3 (a) REQUIREMENT.—Section 301(a) of the Help 

4 America Vote Act of 2002 (52 U.S.C. 21081(a)), as 

5 amended by section 3904 and section 3906, is further 

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(10) VOTING MACHINE REQUIREMENTS.— 

9 ‘‘(A) MANUFACTURING REQUIREMENTS.— 

10 By not later than the date of the regularly 

11 scheduled general election for Federal office oc12 curring in November 2024, each State shall 

13 seek to ensure to the extent practicable that 

14 any voting machine used in such election and in 

15 any subsequent election for Federal office is 

16 manufactured in the United States. 

17 ‘‘(B) ASSEMBLY REQUIREMENTS.—By not 

18 later than the date of the regularly scheduled 

19 general election for Federal office occurring in 

20 November 2024, each State shall seek to ensure 

21 that any voting machine purchased or acquired 

22 for such election and in any subsequent election 

23 for Federal office is assembled in the United 

24 States. 

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1 ularly scheduled general election for Federal of2 fice occurring in November 2024, each State 

3 shall seek to ensure that any software or code 

4 developed for any voting system purchased or 

5 acquired for such election and in any subse6 quent election for Federal office is developed 

7 and stored in the United States.’’. 

8 (b) CONFORMING AMENDMENT RELATING TO EF9 FECTIVE DATE.—Section 301(d)(1) of such Act (52 

10 U.S.C. 21081(d)(1)), as amended by section 3907, is 

11 amended by striking ‘‘paragraph (2)’’ and inserting ‘‘sub12 section (a)(10) and paragraph (2)’’. 

13 SEC. 4006. SEVERABILITY. 

14 If any provision of this title or amendment made by 

15 this title, or the application of a provision or amendment 

16 to any person or circumstance, is held to be unconstitu17 tional, the remainder of this title and amendments made 

18 by this title, and the application of the provisions and 

19 amendment to any person or circumstance, shall not be 

20 affected by the holding. 


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1 DIVISION C—CIVIC PARTICIPA2 TION AND EMPOWERMENT 

3 TITLE V—NONPARTISAN 

4 REDISTRICTING REFORM 

5 SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY. 

6 Congress finds that it has the authority to establish 

7 the terms and conditions States must follow in carrying 

8 out congressional redistricting after an apportionment of 

9 Members of the House of Representatives because— 

10 (1) the authority granted to Congress under ar11 ticle I, section 4 of the Constitution of the United 

12 States gives Congress the power to enact laws gov13 erning the time, place, and manner of elections for 

14 Members of the House of Representatives; 

15 (2) the authority granted to Congress under 

16 section 5 of the 14th amendment to the Constitution 

17 gives Congress the power to enact laws to enforce 

18 section 2 of such amendment, which requires Rep19 resentatives to be apportioned among the several 

20 States according to their number; 

21 (3) the authority granted to Congress under 

22 section 5 of the 14th amendment to the Constitution 

23 gives Congress the power to enact laws to enforce 

24 section 1 of such amendment, including protections 

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1 eral courts have not enforced because they under2 stand such enforcement to be committed to Congress 

3 by the Constitution; 

4 (4) of the authority granted to Congress to en5 force article IV, section 4, of the Constitution, and 

6 the guarantee of a Republican Form of Government 

7 to every State, which Federal courts have not en8 forced because they understand such enforcement to 

9 be committed to Congress by the Constitution; and 

10 (5) requiring States to use uniform redistricting 

11 criteria is an appropriate and important exercise of 

12 such authority. 

13 SEC. 5002. BAN ON MID-DECADE REDISTRICTING. 

14 A State that has been redistricted in accordance with 

15 this title may not be redistricted again until after the next 

16 apportionment of Representatives under section 22(a) of 

17 the Act entitled ‘‘An Act to provide for the fifteenth and 

18 subsequent decennial censuses and to provide for an ap19 portionment of Representatives in Congress’’, approved 

20 June 18, 1929 (2 U.S.C. 2a), unless a court requires the 

21 State to conduct such subsequent redistricting to comply 

22 with the Constitution of the United States, the Voting 

23 Rights Act of 1965 (52 U.S.C. 10301 et seq.), the terms 

24 or conditions of this title, or applicable State law. 


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1 SEC. 5003. CRITERIA FOR REDISTRICTING. 

2 (a) REQUIRING PLANS TO MEET CRITERIA.—A State 

3 may not use a congressional redistricting plan which is 

4 not in compliance with this section. 

5 (b) RANKED CRITERIA.—Under the redistricting plan 

6 of a State, there shall be established single-member con7 gressional districts using the following criteria as set forth 

8 in the following order of priority: 

9 (1) Districts shall comply with the United 

10 States Constitution, including the requirement that 

11 they substantially equalize total population. 

12 (2) Districts shall comply with the Voting 

13 Rights Act of 1965 (52 U.S.C. 10301 et seq.), in14 cluding by creating any districts where, if based 

15 upon the totality of the circumstances, 2 or more po16 litically cohesive groups protected by such Act are 

17 able to elect representatives of choice in coalition 

18 with one another, and all applicable Federal laws. 

19 (3)(A) Districts shall be drawn, to the extent 

20 that the totality of the circumstances warrant, to en21 sure the practical ability of a group protected under 

22 the Voting Rights Act of 1965 (52 U.S.C. 10301 et 

23 seq.) to participate in the political process and to 

24 nominate candidates and to elect representatives of 

25 choice is not diluted or diminished, regardless of 


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1 whether or not such protected group constitutes a 

2 majority of a district’s citizen voting age population. 

3 (B) For purposes of subparagraph (A), the as4 sessment of whether a protected group has the prac5 tical ability to nominate candidates and to elect rep6 resentatives of choice shall require the consideration 

7 of the following factors: 

8 (i) Whether the group is politically cohe9 sive. 

10 (ii) Whether there is racially polarized vot11 ing in the relevant geographic region. 

12 (iii) If there is racially polarized voting in 

13 the relevant geographic region, whether the pre14 ferred candidates of the group nevertheless re15 ceive a sufficient amount of consistent crossover 

16 support from other voters such that the group 

17 is a functional majority with the ability to both 

18 nominate candidates and elect representatives 

19 of choice. 

20 (4)(A) Districts shall be drawn to represent 

21 communities of interest and neighborhoods to the 

22 extent practicable after compliance with the require23 ments of paragraphs (1) through (3). A community 

24 of interest is defined as an area for which the record 

25 before the entity responsible for developing and 


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1 adopting the redistricting plan demonstrates the ex2 istence of broadly shared interests and representa3 tional needs, including shared interests and rep4 resentational needs rooted in common ethnic, racial, 

5 economic, Indian, social, cultural, geographic, or his6 toric identities, or arising from similar socioeconomic 

7 conditions. The term communities of interest may, if 

8 the record warrants, include political subdivisions 

9 such as counties, municipalities, Indian lands, or 

10 school districts, but shall not include common rela11 tionships with political parties or political can12 didates. 

13 (B) For purposes of subparagraph (A), in con14 sidering the needs of multiple, overlapping commu15 nities of interest, the entity responsible for devel16 oping and adopting the redistricting plan shall give 

17 greater weight to those communities of interest 

18 whose representational needs would most benefit 

19 from the community’s inclusion in a single congres20 sional district. 

21 (c) NO FAVORING OR DISFAVORING OF POLITICAL

22 PARTIES.— 

23 (1) PROHIBITION.—A State may not use a re24 districting plan to conduct an election that, when 

25 considered on a statewide basis, has been drawn 


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1 with the intent or has the effect of materially favor2 ing or disfavoring any political party. 

3 (2) DETERMINATION OF EFFECT.—The deter4 mination of whether a redistricting plan has the ef5 fect of materially favoring or disfavoring a political 

6 party shall be based on an evaluation of the totality 

7 of circumstances which, at a minimum, shall involve 

8 consideration of each of the following factors: 

9 (A) Computer modeling based on relevant 

10 statewide general elections for Federal office 

11 held over the 8 years preceding the adoption of 

12 the redistricting plan setting forth the probable 

13 electoral outcomes for the plan under a range 

14 of reasonably foreseeable conditions. 

15 (B) An analysis of whether the redis16 tricting plan is statistically likely to result in 

17 partisan advantage or disadvantage on a state18 wide basis, the degree of any such advantage or 

19 disadvantage, and whether such advantage or 

20 disadvantage is likely to be present under a 

21 range of reasonably foreseeable electoral condi22 tions. 

23 (C) A comparison of the modeled electoral 

24 outcomes for the redistricting plan to the mod25 eled electoral outcomes for alternative plans 


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1 that demonstrably comply with the require2 ments of paragraphs (1), (2), and (3) of sub3 section (b) in order to determine whether rea4 sonable alternatives exist that would result in 

5 materially lower levels of partisan advantage or 

6 disadvantage on a statewide basis. For purposes 

7 of this subparagraph, alternative plans consid8 ered may include both actual plans proposed 

9 during the redistricting process and other plans 

10 prepared for purposes of comparison. 

11 (D) Any other relevant information, includ12 ing how broad support for the redistricting plan 

13 was among members of the entity responsible 

14 for developing and adopting the plan and 

15 whether the processes leading to the develop16 ment and adoption of the plan were transparent 

17 and equally open to all members of the entity 

18 and to the public. 

19 (3) REBUTTABLE PRESUMPTION.— 

20 (A) TRIGGER.—In any civil action brought 

21 under section 5006 in which a party asserts a 

22 claim that a State has enacted a redistricting 

23 plan which is in violation of this subsection, a 

24 party may file a motion not later than 30 days 

25 after the enactment of the plan (or, in the case 


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1 of a plan enacted before the effective date of 

2 this Act, not later than 30 days after the effec3 tive date of this Act) requesting that the court 

4 determine whether a presumption of such a vio5 lation exists. If such a motion is timely filed, 

6 the court shall hold a hearing not later than 15 

7 days after the date the motion is filed to assess 

8 whether a presumption of such a violation ex9 ists. 

10 (B) ASSESSMENT.—To conduct the assess11 ment required under subparagraph (A), the 

12 court shall do the following: 

13 (i) Determine the number of congres14 sional districts under the plan that would 

15 have been carried by each political party’s 

16 candidates for the office of President and 

17 the office of Senator in the 2 most recent 

18 general elections for the office of President 

19 and the 2 most recent general elections for 

20 the office of Senator (other than special 

21 general elections) immediately preceding 

22 the enactment of the plan, except that if a 

23 State conducts a primary election for the 

24 office of Senator which is open to can25 didates of all political parties, the primary 


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1 election shall be used instead of the gen2 eral election and the number of districts 

3 carried by a party’s candidates for the of4 fice of Senator shall be determined on the 

5 basis of the combined vote share of all can6 didates in the election who are affiliated 

7 with such party. 

8 (ii) Determine, for each of the 4 elec9 tions assessed under clause (i), whether 

10 the number of districts that would have 

11 been carried by any party’s candidate as 

12 determined under clause (i) results in par13 tisan advantage or disadvantage in excess 

14 of 7 percent or one congressional district, 

15 whichever is greater, as determined by 

16 standard quantitative measures of partisan 

17 fairness that relate a party’s share of the 

18 statewide vote to that party’s share of 

19 seats. 

20 (C) PRESUMPTION OF VIOLATION.—A plan 

21 is presumed to violate paragraph (1) if it ex22 ceeds the threshold described in clause (ii) of 

23 subparagraph (B) with respect to 2 or more of 

24 the 4 elections assessed under such subpara25 graph. 


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1 (D) STAY OF USE OF PLAN.—Notwith2 standing any other provision of this title, in any 

3 action under this paragraph, the following rules 

4 shall apply: 

5 (i) Upon filing of a motion under sub6 paragraph (A), a State’s use of the plan 

7 which is the subject of the motion shall be 

8 automatically stayed pending resolution of 

9 such motion. 

10 (ii) If after considering the motion, 

11 the court rules that the plan is presumed 

12 under subparagraph (C) to violate para13 graph (1), a State may not use such plan 

14 until and unless the court which is car15 rying out the determination of the effect of 

16 the plan under paragraph (2) determines 

17 that, notwithstanding the presumptive vio18 lation, the plan does not violate paragraph 

19 (1). 

20 (E) NO EFFECT ON OTHER ASSESS21 MENTS.—The absence of a presumption of a 

22 violation with respect to a redistricting plan as 

23 determined under this paragraph shall not af24 fect the determination of the effect of the plan 

25 under paragraph (2). 


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1 (4) DETERMINATION OF INTENT.—A court may 

2 rely on all available evidence when determining 

3 whether a redistricting plan was drawn with the in4 tent to materially favor or disfavor a political party, 

5 including evidence of the partisan effects of a plan, 

6 the degree of support the plan received from mem7 bers of the entity responsible for developing and 

8 adopting the plan, and whether the processes leading 

9 to development and adoption of the plan were trans10 parent and equally open to all members of the entity 

11 and to the public. 

12 (5) NO VIOLATION BASED ON CERTAIN CRI13 TERIA.—No redistricting plan shall be found to be 

14 in violation of paragraph (1) because of the proper 

15 application of the criteria set forth in paragraphs 

16 (1), (2), or (3) of subsection (b), unless one or more 

17 alternative plans could have complied with such 

18 paragraphs without having the effect of materially 

19 favoring or disfavoring a political party. 

20 (d) FACTORS PROHIBITED FROM CONSIDERATION.— 

21 In developing the redistricting plan for the State, the 

22 State may not take into consideration any of the following 

23 factors, except as necessary to comply with the criteria 

24 described in paragraphs (1) through (3) of subsection (b), 

25 to achieve partisan fairness and comply with subsection 


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1 (b), and to enable the redistricting plan to be measured 

2 against the external metrics described in section 5004(c): 

3 (1) The residence of any Member of the House 

4 of Representatives or candidate. 

5 (2) The political party affiliation or voting his6 tory of the population of a district. 

7 (e) ADDITIONAL CRITERIA.—A State may not rely 

8 upon criteria not set forth in this section to justify non9 compliance with the requirements of this section. 

10 (f) APPLICABILITY.— 

11 (1) IN GENERAL.—This section applies to any 

12 authority, whether appointed, elected, judicial, or 

13 otherwise, responsible for enacting the congressional 

14 redistricting plan of a State. 

15 (2) DATE OF ENACTMENT.—This section ap16 plies to any congressional redistricting plan that 

17 would be, or is, in effect after the date of enactment 

18 of this Act, regardless of the date of enactment by 

19 the State of the congressional redistricting plan. 

20 (g) SEVERABILITY OF CRITERIA.—If any of the cri21 teria set forth in this section, or the application of such 

22 criteria to any person or circumstance, is held to be uncon23 stitutional, the remaining criteria set forth in this section, 

24 and the application of such criteria to any person or cir25 cumstance, shall not be affected by the holding. 


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1 SEC. 5004. DEVELOPMENT OF PLAN. 

2 (a) PUBLIC NOTICE AND INPUT.— 

3 (1) USE OF OPEN AND TRANSPARENT PROC4 ESS.—The entity responsible for developing and 

5 adopting the congressional redistricting plan of a 

6 State shall solicit and take into consideration com7 ments from the public throughout the process of de8 veloping the plan, and shall carry out its duties in 

9 an open and transparent manner which provides for 

10 the widest public dissemination reasonably possible 

11 of its proposed and final redistricting plans. 

12 (2) WEBSITE.— 

13 (A) FEATURES.—The entity shall maintain 

14 a public Internet site which is not affiliated 

15 with or maintained by the office of any elected 

16 official and which includes the following fea17 tures: 

18 (i) All proposed redistricting plans 

19 and the final redistricting plan, including 

20 the accompanying written evaluation under 

21 subsection (c). 

22 (ii) All comments received from the 

23 public submitted under paragraph (1). 

24 (iii) Access in an easily usable format 

25 to the demographic and other data used by 

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1 posed redistricting plans, together with any 

2 reports analyzing and evaluating such 

3 plans and access to software that members 

4 of the public may use to draw maps of pro5 posed districts. 

6 (iv) A method by which members of 

7 the public may submit comments directly 

8 to the entity. 

9 (B) SEARCHABLE FORMAT.—The entity 

10 shall ensure that all information posted and 

11 maintained on the site under this paragraph, 

12 including information and proposed maps sub13 mitted by the public, shall be maintained in an 

14 easily searchable format. 

15 (3) MULTIPLE LANGUAGE REQUIREMENTS FOR

16 ALL NOTICES.—The entity responsible for developing 

17 and adopting the plan shall make each notice which 

18 is required to be posted and published under this 

19 section available in any language in which the State 

20 (or any jurisdiction in the State) is required to pro21 vide election materials under section 203 of the Vot22 ing Rights Act of 1965 (52 U.S.C. 10503). 

23 (b) DEVELOPMENT OF PLAN.— 

24 (1) HEARINGS.—The entity responsible for de25 veloping and adopting the congressional redistricting 


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1 plan shall hold hearings both before and after releas2 ing proposed plans in order to solicit public input on 

3 the content of such plans. These hearings shall— 

4 (A) be held in different regions of the 

5 State and streamed live on the public Internet 

6 site maintained under subsection (a)(2); 

7 (B) be sufficient in number, scheduled at 

8 times and places, and noticed and conducted in 

9 a manner to ensure that all members of the 

10 public, including members of racial, ethnic, and 

11 language minorities protected under the Voting 

12 Rights Act of 1965, have a meaningful oppor13 tunity to attend and provide input both before 

14 and after the entity releases proposed plans. 

15 (2) POSTING OF MAPS.—The entity responsible 

16 for developing and adopting the congressional redis17 tricting plan shall make proposed plans, amend18 ments to proposed plans, and the data needed to 

19 analyze such plans for compliance with the criteria 

20 of this title available for public review, including on 

21 the public Internet site required under subsection 

22 (a)(2), for a period of not less than 5 days before 

23 any vote or hearing is held on any such plan or any 

24 amendment to such a plan. 


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1 (c) WRITTEN EVALUATION OF PLAN AGAINST EX2 TERNAL METRICS.—The entity responsible for developing 

3 and adopting the congressional redistricting plan for a 

4 State shall include with each redistricting plan voted upon 

5 by such entity, or a committee of such entity, and pub6 lished under this section a written evaluation that meas7 ures each such plan against external metrics which cover 

8 the criteria set forth in section 5003(b), including the im9 pact of the plan on the ability of members of a class of 

10 citizens protected by the Voting Rights Act of 1965 (52 

11 U.S.C. 10301 et seq.) to elect candidates of choice, the 

12 degree to which the plan preserves or divides communities 

13 of interest, and any analysis used by the State to assess 

14 compliance with the requirements of section 5003(b) and 

15 (c). 

16 (d) PUBLIC INPUT AND COMMENTS.—The entity re17 sponsible for developing and adopting the congressional 

18 redistricting plan for a State shall make all public com19 ments received about potential plans, including alternative 

20 plans, available to the public on the Internet site required 

21 under subsection (a)(2), at no cost, not later than 24 

22 hours prior to holding a vote on final adoption of a plan. 

23 SEC. 5005. FAILURE BY STATE TO ENACT PLAN. 

24 (a) DEADLINE FOR ENACTMENT OF PLAN.—Each 

25 State shall enact a final congressional redistricting plan 


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1 following transmission of a notice of apportionment to the 

2 President by the earliest of— 

3 (1) the deadline set forth in State law; 

4 (2) February 15 of the year in which regularly 

5 scheduled general elections for Federal office are 

6 held in the State; or 

7 (3) 90 days before the date of the next regu8 larly scheduled primary election for Federal office 

9 held in the State. 

10 (b) DEVELOPMENT OF PLAN BY COURT IN CASE OF

11 MISSED DEADLINE.—If a State has not enacted a final 

12 congressional redistricting plan by the applicable deadline 

13 under subsection (a), or it appears likely that a State will 

14 fail to enact a final congressional redistricting plan by 

15 such deadline— 

16 (1) any citizen of the State may file an action 

17 in the United States district court for the applicable 

18 venue asking the district court to assume jurisdic19 tion; 

20 (2) the United States district court for the ap21 plicable venue, acting through a 3-judge court con22 vened pursuant to section 2284 of title 28, United 

23 States Code, shall have the exclusive authority to de24 velop and publish the congressional redistricting 

25 plan for the State; and 


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1 (3) the final congressional redistricting plan de2 veloped and published by the court under this sec3 tion shall be deemed to be enacted on the date on 

4 which the court publishes the final congressional re5 districting plan, as described in subsection (e). 

6 (c) APPLICABLE VENUE.—For purposes of this sec7 tion, the ‘‘applicable venue’’ with respect to a State is the 

8 District of Columbia or the judicial district in which the 

9 capital of the State is located, as selected by the first party 

10 to file with the court sufficient evidence that a State has 

11 failed to, or is reasonably likely to fail to, enact a final 

12 redistricting plan for the State prior to the expiration of 

13 the applicable deadline set forth in subsection (a). 

14 (d) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

15 (1) CRITERIA.—In developing a redistricting 

16 plan for a State under this section, the court shall 

17 adhere to the same terms and conditions that ap18 plied (or that would have applied, as the case may 

19 be) to the development of a plan by the State under 

20 section 5003. 

21 (2) ACCESS TO INFORMATION AND RECORDS.— 

22 The court shall have access to any information, 

23 data, software, or other records and material that 

24 was used (or that would have been used, as the case 


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1 may be) by the State in carrying out its duties 

2 under this title. 

3 (3) HEARING; PUBLIC PARTICIPATION.—In de4 veloping a redistricting plan for a State, the court 

5 shall— 

6 (A) hold one or more evidentiary hearings 

7 at which interested members of the public may 

8 appear and be heard and present testimony, in9 cluding expert testimony, in accordance with 

10 the rules of the court; and 

11 (B) consider other submissions and com12 ments by the public, including proposals for re13 districting plans to cover the entire State or 

14 any portion of the State. 

15 (4) USE OF SPECIAL MASTER.—To assist in the 

16 development and publication of a redistricting plan 

17 for a State under this section, the court may appoint 

18 a special master to make recommendations to the 

19 court on possible plans for the State. 

20 (e) PUBLICATION OF PLAN.— 

21 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

22 Upon completing the development of one or more 

23 initial redistricting plans, the court shall make the 

24 plans available to the public at no cost, and shall 

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1 velop the plans and a written evaluation of the plans 

2 against external metrics (as described in section 

3 5004(c)). 

4 (2) PUBLICATION OF FINAL PLAN.—At any 

5 time after the expiration of the 14-day period which 

6 begins on the date the court makes the plans avail7 able to the public under paragraph (1), and taking 

8 into consideration any submissions and comments by 

9 the public which are received during such period, the 

10 court shall develop and publish the final redistricting 

11 plan for the State. 

12 (f) USE OF INTERIM PLAN.—In the event that the 

13 court is not able to develop and publish a final redis14 tricting plan for the State with sufficient time for an up15 coming election to proceed, the court may develop and 

16 publish an interim redistricting plan which shall serve as 

17 the redistricting plan for the State until the court develops 

18 and publishes a final plan in accordance with this section. 

19 Nothing in this subsection may be construed to limit or 

20 otherwise affect the authority or discretion of the court 

21 to develop and publish the final redistricting plan, includ22 ing the discretion to make any changes the court deems 

23 necessary to an interim redistricting plan. 

24 (g) APPEALS.—Review on appeal of any final or in25 terim plan adopted by the court in accordance with this 


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1 section shall be governed by the appellate process in sec2 tion 5006. 

3 (h) STAY OF STATE PROCEEDINGS.—The filing of an 

4 action under this section shall act as a stay of any pro5 ceedings in State court with respect to the State’s congres6 sional redistricting plan unless otherwise ordered by the 

7 court. 

8 SEC. 5006. CIVIL ENFORCEMENT. 

9 (a) CIVIL ENFORCEMENT.— 

10 (1) ACTIONS BY ATTORNEY GENERAL.—The At11 torney General may bring a civil action for such re12 lief as may be appropriate to carry out this title. 

13 (2) AVAILABILITY OF PRIVATE RIGHT OF AC14 TION.—Any citizen of a State who is aggrieved by 

15 the failure of the State to meet the requirements of 

16 the Constitution or Federal law, including this title, 

17 with respect to the State’s congressional redis18 tricting, may bring a civil action in the United 

19 States district court for the applicable venue for 

20 such relief as may be appropriate to remedy the fail21 ure. 

22 (3) DELIVERY OF COMPLAINT TO HOUSE AND

23 SENATE.—In any action brought under this section, 

24 a copy of the complaint shall be delivered promptly 


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1 to the Clerk of the House of Representatives and the 

2 Secretary of the Senate. 

3 (4) EXCLUSIVE JURISDICTION AND APPLICABLE

4 VENUE.—The district courts of the United States 

5 shall have exclusive jurisdiction to hear and deter6 mine claims asserting that a congressional redis7 tricting plan violates the requirements of the Con8 stitution or Federal law, including this title. The ap9 plicable venue for such an action shall be the United 

10 States District Court for the District of Columbia or 

11 for the judicial district in which the capital of the 

12 State is located, as selected by the person bringing 

13 the action, except that the applicable venue for a 

14 civil action that includes a claim that a redistricting 

15 plan is in violation of section 5003(c) shall be the 

16 District of Columbia. 

17 (5) USE OF 3-JUDGE COURT.—If an action 

18 under this section raises statewide claims under the 

19 Constitution or this title, the action shall be heard 

20 by a 3-judge court convened pursuant to section 

21 2284 of title 28, United States Code. 

22 (6) REVIEW OF FINAL DECISION.—A final deci23 sion in an action brought under this section shall be 

24 reviewable on appeal by the United States Court of 

25 Appeals for the District of Columbia Circuit. There 


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1 shall be no right of appeal in such proceedings to 

2 any other court of appeals. Such appeal shall be 

3 taken by the filing of a notice of appeal within 10 

4 days of the entry of the final decision. A final deci5 sion by the Court of Appeals may be reviewed by the 

6 Supreme Court of the United States by writ of cer7 tiorari. 

8 (b) EXPEDITED CONSIDERATION.—In any action 

9 brought under this section, it shall be the duty of the dis10 trict court, the United States Court of Appeals for the 

11 District of Columbia Circuit, and the Supreme Court of 

12 the United States (if it chooses to hear the action) to ad13 vance on the docket and to expedite to the greatest pos14 sible extent the disposition of the action and appeal. 

15 (c) REMEDIES.— 

16 (1) ADOPTION OF REPLACEMENT PLAN.— 

17 (A) IN GENERAL.—If the district court in 

18 an action under this section finds that the con19 gressional redistricting plan of a State violates, 

20 in whole or in part, the requirements of this 

21 title— 

22 (i) the court shall adopt a replacement 

23 congressional redistricting plan for the 

24 State in accordance with the process set 

25 forth in section 5005; or 


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1 (ii) if circumstances warrant and no 

2 delay to an upcoming regularly scheduled 

3 election for the House of Representatives 

4 in the State would result, the district 

5 court, in its discretion, may allow a State 

6 to develop and propose a remedial congres7 sional redistricting plan for review by the 

8 court to determine whether the plan is in 

9 compliance with this title, except that— 

10 (I) the State may not develop 

11 and propose a remedial plan under 

12 this clause if the court determines 

13 that the congressional redistricting 

14 plan of the State was enacted with 

15 discriminatory intent in violation of 

16 the Constitution or section 5003(b); 

17 and 

18 (II) nothing in this clause may be 

19 construed to permit a State to use 

20 such a remedial plan which has not 

21 been approved by the court. 

22 (B) PROHIBITING USE OF PLANS IN VIOLA23 TION OF REQUIREMENTS.—No court shall order 

24 a State to use a congressional redistricting plan 

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1 ments of this title, or to conduct an election 

2 under terms and conditions which violate, in 

3 whole or in part, the requirements of this title. 

4 (C) SPECIAL RULE IN CASE FINAL ADJU5 DICATION NOT EXPECTED WITHIN 3 MONTHS

6 OF ELECTION.—If final adjudication of an ac7 tion under this section is not reasonably ex8 pected to be completed at least 3 months prior 

9 to the next regularly scheduled primary election 

10 for the House of Representatives in the State, 

11 the district court shall, as the balance of equi12 ties warrant— 

13 (i) develop, adopt, and order the use 

14 of an interim congressional redistricting 

15 plan in accordance with section 5005(f) to 

16 address any claims under this title for 

17 which a party seeking relief has dem18 onstrated a substantial likelihood of suc19 cess; and 

20 (ii) order adjustments to the timing of 

21 primary elections for the House of Rep22 resentatives and other related deadlines, as 

23 needed, to allow sufficient opportunity for 

24 adjudication of the matter and adoption of 

25 a remedial or replacement plan for use in 


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1 the next regularly scheduled general elec2 tions for the House of Representatives. 

3 (2) NO STAY PENDING APPEAL.—Notwith4 standing the appeal of an order finding that a con5 gressional redistricting plan of a State violates, in 

6 whole or in part, the requirements of this title, no 

7 stay shall issue which shall bar the development or 

8 adoption of a replacement or remedial plan under 

9 this subsection, as may be directed by the district 

10 court, pending such appeal. If such a replacement or 

11 remedial plan has been adopted, no appellate court 

12 may stay or otherwise enjoin the use of such plan 

13 during the pendency of an appeal, except upon an 

14 order holding, based on the record, that adoption of 

15 such plan was an abuse of discretion. 

16 (3) SPECIAL AUTHORITY OF COURT OF AP17 PEALS.— 

18 (A) ORDERING OF NEW REMEDIAL

19 PLAN.—If, upon consideration of an appeal 

20 under this title, the Court of Appeals deter21 mines that a plan does not comply with the re22 quirements of this title, it shall direct that the 

23 District Court promptly develop a new remedial 

24 plan with assistance of a special master for con25 sideration by the Court of Appeals. 


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1 (B) FAILURE OF DISTRICT COURT TO

2 TAKE TIMELY ACTION.—If, at any point during 

3 the pendency of an action under this section, 

4 the District Court fails to take action necessary 

5 to permit resolution of the case prior to the 

6 next regularly scheduled election for the House 

7 of Representatives in the State or fails to grant 

8 the relief described in paragraph (1)(C), any 

9 party may seek a writ of mandamus from the 

10 Court of Appeals for the District of Columbia 

11 Circuit. The Court of Appeals shall have juris12 diction over the motion for a writ of mandamus 

13 and shall establish an expedited briefing and 

14 hearing schedule for resolution of the motion. If 

15 the Court of Appeals determines that a writ 

16 should be granted, the Court of Appeals shall 

17 take any action necessary, including developing 

18 a congressional redistricting plan with assist19 ance of a special master to ensure that a reme20 dial plan is adopted in time for use in the next 

21 regularly scheduled election for the House of 

22 Representatives in the State. 

23 (4) EFFECT OF ENACTMENT OF REPLACEMENT

24 PLAN.—A State’s enactment of a redistricting plan 

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1 tion under this section shall not be construed to 

2 limit or otherwise affect the authority of the court 

3 to adjudicate or grant relief with respect to any 

4 claims or issues not addressed by the replacement 

5 plan, including claims that the plan which is the 

6 subject of the action was enacted, in whole or in 

7 part, with discriminatory intent, or claims to con8 sider whether relief should be granted under section 

9 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 

10 10302(c)) based on the plan which is the subject of 

11 the action. 

12 (d) ATTORNEY’S FEES.—In a civil action under this 

13 section, the court may allow the prevailing party (other 

14 than the United States) reasonable attorney fees, includ15 ing litigation expenses, and costs. 

16 (e) RELATION TO OTHER LAWS.— 

17 (1) RIGHTS AND REMEDIES ADDITIONAL TO

18 OTHER RIGHTS AND REMEDIES.—The rights and 

19 remedies established by this section are in addition 

20 to all other rights and remedies provided by law, and 

21 neither the rights and remedies established by this 

22 section nor any other provision of this title shall su23 persede, restrict, or limit the application of the Vot24 ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 


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1 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

2 this title authorizes or requires conduct that is pro3 hibited by the Voting Rights Act of 1965 (52 U.S.C. 

4 10301 et seq.). 

5 (f) LEGISLATIVE PRIVILEGE.—No person, legisla6 ture, or State may claim legislative privilege under either 

7 State or Federal law in a civil action brought under this 

8 section or in any other legal challenge, under either State 

9 or Federal law, to a redistricting plan enacted under this 

10 title. 

11 (g) REMOVAL.— 

12 (1) IN GENERAL.—At any time, a civil action 

13 brought in a State court which asserts a claim for 

14 which the district courts of the United States have 

15 exclusive jurisdiction under this title may be re16 moved by any party in the case, including an inter17 venor, by filing, in the district court for an applica18 ble venue under this section, a notice of removal 

19 signed pursuant to Rule 11 of the Federal Rules of 

20 Civil Procedure containing a short and plain state21 ment of the grounds for removal. Consent of parties 

22 shall not be required for removal. 

23 (2) CLAIMS NOT WITHIN THE ORIGINAL OR

24 SUPPLEMENTAL JURISDICTION.—If a civil action re25 moved in accordance with paragraph (1) contains 


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1 claims not within the original or supplemental juris2 diction of the district court, the district court shall 

3 sever all such claims and remand them to the State 

4 court from which the action was removed. 

5 SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND 

6 LOCAL OFFICE. 

7 Nothing in this title or in any amendment made by 

8 this title may be construed to affect the manner in which 

9 a State carries out elections for State or local office, in10 cluding the process by which a State establishes the dis11 tricts used in such elections. 

12 SEC. 5008. EFFECTIVE DATE. 

13 (a) IN GENERAL.—This title and the amendments 

14 made by this title shall apply on the date of enactment 

15 of this title. 

16 (b) APPLICATION TO APPORTIONMENT RESULTING

17 FROM 2020 DECENNIAL CENSUS.—Notwithstanding sub18 section (a), this title and the amendments made by this 

19 title, other than section 5004, shall apply with respect to 

20 each congressional redistricting plan enacted pursuant to 

21 the notice of apportionment transmitted to the President 

22 on April 26, 2021, without regard to whether or not a 

23 State enacted such a plan prior to the date of the enact24 ment of this Act. 


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1 TITLE VI—CAMPAIGN FINANCE 

2 TRANSPARENCY 

3 Subtitle A—DISCLOSE Act 

4 SEC. 6001. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Democracy Is 

6 Strengthened by Casting Light On Spending in Elections 

7 Act of 2021’’ or the ‘‘DISCLOSE Act of 2021’’. 

8 PART 1—CLOSING LOOPHOLES ALLOWING 

9 SPENDING BY FOREIGN NATIONALS IN ELEC10 TIONS 

11 SEC. 6002. CLARIFICATION OF APPLICATION OF FOREIGN 

12 MONEY BAN TO CERTAIN DISBURSEMENTS 

13 AND ACTIVITIES. 

14 Section 319(b) of the Federal Election Campaign Act 

15 of 1971 (52 U.S.C. 30121(b)) is amended— 

16 (1) by redesignating paragraphs (1) and (2) as 

17 subparagraphs (A) and (B), respectively, and by 

18 moving such subparagraphs 2 ems to the right; 

19 (2) by striking ‘‘As used in this section, the 

20 term’’ and inserting the following: ‘‘DEFINITIONS.— 

21 For purposes of this section— 

22 ‘‘(1) FOREIGN NATIONAL.—The term’’; 

23 (3) by moving paragraphs (1) and (2) two ems 

24 to the right and redesignating them as subpara25 graphs (A) and (B), respectively; and 


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1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) CONTRIBUTION AND DONATION.—For pur4 poses of paragraphs (1) and (2) of subsection (a), 

5 the term ‘contribution or donation’ includes any dis6 bursement to a political committee which accepts do7 nations or contributions that do not comply with any 

8 of the limitations, prohibitions, and reporting re9 quirements of this Act (or any disbursement to or on 

10 behalf of any account of a political committee which 

11 is established for the purpose of accepting such do12 nations or contributions), or to any other person for 

13 the purpose of funding an expenditure, independent 

14 expenditure, or electioneering communication (as de15 fined in section 304(f)(3)).’’. 

16 SEC. 6003. AUDIT AND REPORT ON ILLICIT FOREIGN 

17 MONEY IN FEDERAL ELECTIONS. 

18 (a) IN GENERAL.—Title III of the Federal Election 

19 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

20 amended by inserting after section 319 the following new 

21 section: 

22 ‘‘SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY 

23 FOREIGN NATIONALS. 

24 ‘‘(a) AUDIT.— 


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1 ‘‘(1) IN GENERAL.—The Commission shall con2 duct an audit after each Federal election cycle to de3 termine the incidence of illicit foreign money in such 

4 Federal election cycle. 

5 ‘‘(2) PROCEDURES.—In carrying out paragraph 

6 (1), the Commission shall conduct random audits of 

7 any disbursements required to be reported under 

8 this Act, in accordance with procedures established 

9 by the Commission. 

10 ‘‘(b) REPORT.—Not later than 180 days after the end 

11 of each Federal election cycle, the Commission shall sub12 mit to Congress a report containing— 

13 ‘‘(1) results of the audit required by subsection 

14 (a)(1); 

15 ‘‘(2) an analysis of the extent to which illicit 

16 foreign money was used to carry out disinformation 

17 and propaganda campaigns focused on depressing 

18 turnout among rural communities and the success or 

19 failure of these efforts, together with recommenda20 tions to address these efforts in future elections; 

21 ‘‘(3) an analysis of the extent to which illicit 

22 foreign money was used to carry out disinformation 

23 and propaganda campaigns focused on depressing 

24 turnout among African-American and other minority 

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1 forts, together with recommendations to address 

2 these efforts in future elections; 

3 ‘‘(4) an analysis of the extent to which illicit 

4 foreign money was used to carry out disinformation 

5 and propaganda campaigns focused on influencing 

6 military and veteran communities and the success or 

7 failure of these efforts, together with recommenda8 tions to address these efforts in future elections; and 

9 ‘‘(5) recommendations to address the presence 

10 of illicit foreign money in elections, as appropriate. 

11 ‘‘(c) DEFINITIONS.—As used in this section: 

12 ‘‘(1) The term ‘Federal election cycle’ means 

13 the period which begins on the day after the date of 

14 a regularly scheduled general election for Federal of15 fice and which ends on the date of the first regularly 

16 scheduled general election for Federal office held 

17 after such date. 

18 ‘‘(2) The term ‘illicit foreign money’ means any 

19 disbursement by a foreign national (as defined in 

20 section 319(b)) prohibited under such section.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply with respect to the Federal elec23 tion cycle that began during November 2020, and each 

24 succeeding Federal election cycle. 


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1 SEC. 6004. PROHIBITION ON CONTRIBUTIONS AND DONA2 TIONS BY FOREIGN NATIONALS IN CONNEC3 TION WITH BALLOT INITIATIVES AND 

4 REFERENDA. 

5 (a) IN GENERAL.—Section 319(b) of the Federal 

6 Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as 

7 amended by section 6002, is amended by adding at the 

8 end the following new paragraph: 

9 ‘‘(3) FEDERAL, STATE, OR LOCAL ELECTION.— 

10 The term ‘Federal, State, or local election’ includes 

11 a State or local ballot initiative or referendum, but 

12 only in the case of— 

13 ‘‘(A) a covered foreign national described 

14 in section 304(j)(3)(C); 

15 ‘‘(B) a foreign principal described in sec16 tion 1(b)(2) or 1(b)(3) of the Foreign Agent 

17 Registration Act of 1938, as amended (22 

18 U.S.C. 611(b)(2) or (b)(3)) or an agent of such 

19 a foreign principal under such Act.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply with respect to elections held in 

22 2022 or any succeeding year. 


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1 SEC. 6005. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

2 FOREIGN MONEY BAN. 

3 (a) DISBURSEMENTS DESCRIBED.—Section 

4 319(a)(1) of the Federal Election Campaign Act of 1971 

5 (52 U.S.C. 30121(a)(1)) is amended— 

6 (1) by striking ‘‘or’’ at the end of subparagraph 

7 (B); and 

8 (2) by striking subparagraph (C) and inserting 

9 the following: 

10 ‘‘(C) an expenditure; 

11 ‘‘(D) an independent expenditure; 

12 ‘‘(E) a disbursement for an electioneering 

13 communication (within the meaning of section 

14 304(f)(3)); 

15 ‘‘(F) a disbursement for a communication 

16 which is placed or promoted for a fee on a 

17 website, web application, or digital application 

18 that refers to a clearly identified candidate for 

19 election for Federal office and is disseminated 

20 within 60 days before a general, special or run21 off election for the office sought by the can22 didate or 30 days before a primary or pref23 erence election, or a convention or caucus of a 

24 political party that has authority to nominate a 

25 candidate for the office sought by the can26 didate; 


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1 ‘‘(G) a disbursement by a covered foreign 

2 national described in section 304(j)(3)(C) for a 

3 broadcast, cable or satellite communication, or 

4 for a communication which is placed or pro5 moted for a fee on a website, web application, 

6 or digital application, that promotes, supports, 

7 attacks or opposes the election of a clearly iden8 tified candidate for Federal, State, or local of9 fice (regardless of whether the communication 

10 contains express advocacy or the functional 

11 equivalent of express advocacy); 

12 ‘‘(H) a disbursement for a broadcast, 

13 cable, or satellite communication, or for any 

14 communication which is placed or promoted for 

15 a fee on an online platform (as defined in sec16 tion 304(k)(3)), that discusses a national legis17 lative issue of public importance in a year in 

18 which a regularly scheduled general election for 

19 Federal office is held, but only if the disburse20 ment is made by a covered foreign national de21 scribed in section 304(j)(3)(C); 

22 ‘‘(I) a disbursement by a covered foreign 

23 national described in section 304(j)(3)(C) to 

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1 tion of a clearly identified candidate for Fed2 eral, State, or local office (regardless of whether 

3 the activity contains express advocacy or the 

4 functional equivalent of express advocacy); or 

5 ‘‘(J) a disbursement by a covered foreign 

6 national described in section 304(j)(3)(C) for a 

7 Federal judicial nomination communication (as 

8 defined in section 324(g)(2));’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to disbursements 

11 made on or after the date of the enactment of this Act. 

12 SEC. 6006. PROHIBITING ESTABLISHMENT OF CORPORA13 TION TO CONCEAL ELECTION CONTRIBU14 TIONS AND DONATIONS BY FOREIGN NATION15 ALS. 

16 (a) PROHIBITION.—Chapter 29 of title 18, United 

17 States Code, as amended by section 2001(a) and section 

18 3101(a), is amended by adding at the end the following: 

19 ‘‘§ 614. Establishment of corporation to conceal elec20 tion contributions and donations by for21 eign nationals 

22 ‘‘(a) OFFENSE.—It shall be unlawful for an owner, 

23 officer, attorney, or incorporation agent of a corporation, 

24 company, or other entity to establish or use the corpora25 tion, company, or other entity with the intent to conceal 


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1 an activity of a foreign national (as defined in section 319 

2 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

3 30121)) prohibited under such section 319. 

4 ‘‘(b) PENALTY.—Any person who violates subsection 

5 (a) shall be imprisoned for not more than 5 years, fined 

6 under this title, or both.’’. 

7 (b) TABLE OF SECTIONS.—The table of sections for 

8 chapter 29 of title 18, United States Code, as amended 

9 by section 2001(b) and section 3101(b), is amended by 

10 inserting after the item relating to section 612 the fol11 lowing: 

‘‘614. Establishment of corporation to conceal election contributions and donations by foreign nationals.’’. 

12 PART 2—REPORTING OF CAMPAIGN-RELATED 

13 DISBURSEMENTS 

14 SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSE15 MENTS. 

16 (a) IN GENERAL.—Section 324 of the Federal Elec17 tion Campaign Act of 1971 (52 U.S.C. 30126) is amended 

18 to read as follows: 

19 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE20 MENTS BY COVERED ORGANIZATIONS. 

21 ‘‘(a) DISCLOSURE STATEMENT.— 

22 ‘‘(1) IN GENERAL.—Any covered organization 

23 that makes campaign-related disbursements aggre24 gating more than $10,000 in an election reporting 


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1 cycle shall, not later than 24 hours after each disclo2 sure date, file a statement with the Commission 

3 made under penalty of perjury that contains the in4 formation described in paragraph (2)— 

5 ‘‘(A) in the case of the first statement filed 

6 under this subsection, for the period beginning 

7 on the first day of the election reporting cycle 

8 (or, if earlier, the period beginning one year be9 fore the first such disclosure date) and ending 

10 on the first such disclosure date; and 

11 ‘‘(B) in the case of any subsequent state12 ment filed under this subsection, for the period 

13 beginning on the previous disclosure date and 

14 ending on such disclosure date. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph is as follows: 

17 ‘‘(A) The name of the covered organization 

18 and the principal place of business of such or19 ganization and, in the case of a covered organi20 zation that is a corporation (other than a busi21 ness concern that is an issuer of a class of secu22 rities registered under section 12 of the Securi23 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

24 that is required to file reports under section 

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1 tity described in subsection (e)(2), a list of the 

2 beneficial owners (as defined in paragraph 

3 (4)(A)) of the entity that— 

4 ‘‘(i) identifies each beneficial owner by 

5 name and current residential or business 

6 street address; and 

7 ‘‘(ii) if any beneficial owner exercises 

8 control over the entity through another 

9 legal entity, such as a corporation, partner10 ship, limited liability company, or trust, 

11 identifies each such other legal entity and 

12 each such beneficial owner who will use 

13 that other entity to exercise control over 

14 the entity. 

15 ‘‘(B) The amount of each campaign-related 

16 disbursement made by such organization during 

17 the period covered by the statement of more 

18 than $1,000, and the name and address of the 

19 person to whom the disbursement was made. 

20 ‘‘(C) In the case of a campaign-related dis21 bursement that is not a covered transfer, the 

22 election to which the campaign-related disburse23 ment pertains and if the disbursement is made 

24 for a public communication, the name of any 

25 candidate identified in such communication and 


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1 whether such communication is in support of or 

2 in opposition to a candidate. 

3 ‘‘(D) A certification by the chief executive 

4 officer or person who is the head of the covered 

5 organization that the campaign-related dis6 bursement is not made in cooperation, consulta7 tion, or concert with or at the request or sug8 gestion of a candidate, authorized committee, or 

9 agent of a candidate, political party, or agent of 

10 a political party. 

11 ‘‘(E)(i) If the covered organization makes 

12 campaign-related disbursements using exclu13 sively funds in a segregated bank account con14 sisting of funds that were paid directly to such 

15 account by persons other than the covered orga16 nization that controls the account, for each 

17 such payment to the account— 

18 ‘‘(I) the name and address of each 

19 person who made such payment during the 

20 period covered by the statement; 

21 ‘‘(II) the date and amount of such 

22 payment; and 

23 ‘‘(III) the aggregate amount of all 

24 such payments made by the person during 

25 the period beginning on the first day of the 


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1 election reporting cycle (or, if earlier, the 

2 period beginning one year before the dis3 closure date) and ending on the disclosure 

4 date, 

5 but only if such payment was made by a person 

6 who made payments to the account in an aggre7 gate amount of $10,000 or more during the pe8 riod beginning on the first day of the election 

9 reporting cycle (or, if earlier, the period begin10 ning one year before the disclosure date) and 

11 ending on the disclosure date. 

12 ‘‘(ii) In any calendar year after 2022, sec13 tion 315(c)(1)(B) shall apply to the amount de14 scribed in clause (i) in the same manner as 

15 such section applies to the limitations estab16 lished under subsections (a)(1)(A), (a)(1)(B), 

17 (a)(3), and (h) of such section, except that for 

18 purposes of applying such section to the 

19 amounts described in subsection (b), the ‘base 

20 period’ shall be calendar year 2022. 

21 ‘‘(F)(i) If the covered organization makes 

22 campaign-related disbursements using funds 

23 other than funds in a segregated bank account 

24 described in subparagraph (E), for each pay25 ment to the covered organization— 


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1 ‘‘(I) the name and address of each 

2 person who made such payment during the 

3 period covered by the statement; 

4 ‘‘(II) the date and amount of such 

5 payment; and 

6 ‘‘(III) the aggregate amount of all 

7 such payments made by the person during 

8 the period beginning on the first day of the 

9 election reporting cycle (or, if earlier, the 

10 period beginning one year before the dis11 closure date) and ending on the disclosure 

12 date, 

13 but only if such payment was made by a person 

14 who made payments to the covered organization 

15 in an aggregate amount of $10,000 or more 

16 during the period beginning on the first day of 

17 the election reporting cycle (or, if earlier, the 

18 period beginning one year before the disclosure 

19 date) and ending on the disclosure date. 

20 ‘‘(ii) In any calendar year after 2022, sec21 tion 315(c)(1)(B) shall apply to the amount de22 scribed in clause (i) in the same manner as 

23 such section applies to the limitations estab24 lished under subsections (a)(1)(A), (a)(1)(B), 

25 (a)(3), and (h) of such section, except that for 


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1 purposes of applying such section to the 

2 amounts described in subsection (b), the ‘base 

3 period’ shall be calendar year 2022. 

4 ‘‘(G) Such other information as required in 

5 rules established by the Commission to promote 

6 the purposes of this section. 

7 ‘‘(3) EXCEPTIONS.— 

8 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

9 COURSE OF BUSINESS.—The requirement to in10 clude in a statement filed under paragraph (1) 

11 the information described in paragraph (2) 

12 shall not apply to amounts received by the cov13 ered organization in commercial transactions in 

14 the ordinary course of any trade or business 

15 conducted by the covered organization or in the 

16 form of investments (other than investments by 

17 the principal shareholder in a limited liability 

18 corporation) in the covered organization. For 

19 purposes of this subparagraph, amounts re20 ceived by a covered organization as remittances 

21 from an employee to the employee’s collective 

22 bargaining representative shall be treated as 

23 amounts received in commercial transactions in 

24 the ordinary course of the business conducted 

25 by the covered organization. 


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1 ‘‘(B) DONOR RESTRICTION ON USE OF

2 FUNDS.—The requirement to include in a state3 ment submitted under paragraph (1) the infor4 mation described in subparagraph (F) of para5 graph (2) shall not apply if— 

6 ‘‘(i) the person described in such sub7 paragraph prohibited, in writing, the use of 

8 the payment made by such person for cam9 paign-related disbursements; and 

10 ‘‘(ii) the covered organization agreed 

11 to follow the prohibition and deposited the 

12 payment in an account which is segregated 

13 from any account used to make campaign14 related disbursements. 

15 ‘‘(C) THREAT OF HARASSMENT OR RE16 PRISAL.—The requirement to include any infor17 mation relating to the name or address of any 

18 person (other than a candidate) in a statement 

19 submitted under paragraph (1) shall not apply 

20 if the inclusion of the information would subject 

21 the person to serious threats, harassment, or 

22 reprisals. 

23 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

24 this section: 

25 ‘‘(A) BENEFICIAL OWNER DEFINED.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the term ‘beneficial 

3 owner’ means, with respect to any entity, 

4 a natural person who, directly or indi5 rectly— 

6 ‘‘(I) exercises substantial control 

7 over an entity through ownership, vot8 ing rights, agreement, or otherwise; or 

9 ‘‘(II) has a substantial interest in 

10 or receives substantial economic bene11 fits from the assets of an entity. 

12 ‘‘(ii) EXCEPTIONS.—The term ‘bene13 ficial owner’ shall not include— 

14 ‘‘(I) a minor child; 

15 ‘‘(II) a person acting as a nomi16 nee, intermediary, custodian, or agent 

17 on behalf of another person; 

18 ‘‘(III) a person acting solely as 

19 an employee of an entity and whose 

20 control over or economic benefits from 

21 the entity derives solely from the em22 ployment status of the person; 

23 ‘‘(IV) a person whose only inter24 est in an entity is through a right of 

25 inheritance, unless the person also 


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1 meets the requirements of clause (i); 

2 or 

3 ‘‘(V) a creditor of an entity, un4 less the creditor also meets the re5 quirements of clause (i). 

6 ‘‘(iii) ANTI-ABUSE RULE.—The excep7 tions under clause (ii) shall not apply if 

8 used for the purpose of evading, circum9 venting, or abusing the provisions of clause 

10 (i) or paragraph (2)(A). 

11 ‘‘(B) DISCLOSURE DATE.—The term ‘dis12 closure date’ means— 

13 ‘‘(i) the first date during any election 

14 reporting cycle by which a person has 

15 made campaign-related disbursements ag16 gregating more than $10,000; and 

17 ‘‘(ii) any other date during such elec18 tion reporting cycle by which a person has 

19 made campaign-related disbursements ag20 gregating more than $10,000 since the 

21 most recent disclosure date for such elec22 tion reporting cycle. 

23 ‘‘(C) ELECTION REPORTING CYCLE.—The 

24 term ‘election reporting cycle’ means the 2-year 


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1 period beginning on the date of the most recent 

2 general election for Federal office. 

3 ‘‘(D) PAYMENT.—The term ‘payment’ in4 cludes any contribution, donation, transfer, pay5 ment of dues, or other payment. 

6 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

7 ‘‘(1) OTHER REPORTS FILED WITH THE COM8 MISSION.—Information included in a statement filed 

9 under this section may be excluded from statements 

10 and reports filed under section 304. 

11 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

12 FUND.—A segregated bank account referred to in 

13 subsection (a)(2)(E) may be treated as a separate 

14 segregated fund for purposes of section 527(f)(3) of 

15 the Internal Revenue Code of 1986. 

16 ‘‘(c) FILING.—Statements required to be filed under 

17 subsection (a) shall be subject to the requirements of sec18 tion 304(d) to the same extent and in the same manner 

19 as if such reports had been required under subsection (c) 

20 or (g) of section 304. 

21 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE22 FINED.— 

23 ‘‘(1) IN GENERAL.—In this section, the term 

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1 ment by a covered organization for any of the fol2 lowing: 

3 ‘‘(A) An independent expenditure which ex4 pressly advocates the election or defeat of a 

5 clearly identified candidate for election for Fed6 eral office, or is the functional equivalent of ex7 press advocacy because, when taken as a whole, 

8 it can be interpreted by a reasonable person 

9 only as advocating the election or defeat of a 

10 candidate for election for Federal office. 

11 ‘‘(B) An applicable public communication. 

12 ‘‘(C) An electioneering communication, as 

13 defined in section 304(f)(3). 

14 ‘‘(D) A covered transfer. 

15 ‘‘(2) APPLICABLE PUBLIC COMMUNICATIONS.— 

16 ‘‘(A) IN GENERAL.—The term ‘applicable 

17 public communication’ means any public com18 munication that refers to a clearly identified 

19 candidate for election for Federal office and 

20 which promotes or supports the election of a 

21 candidate for that office, or attacks or opposes 

22 the election of a candidate for that office, with23 out regard to whether the communication ex24 pressly advocates a vote for or against a can25 didate for that office. 


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1 ‘‘(B) EXCEPTION.—Such term shall not in2 clude any news story, commentary, or editorial 

3 distributed through the facilities of any broad4 casting station or any print, online, or digital 

5 newspaper, magazine, publication, or periodical, 

6 unless such facilities are owned or controlled by 

7 any political party, political committee, or can8 didate. 

9 ‘‘(3) INTENT NOT REQUIRED.—A disbursement 

10 for an item described in subparagraph (A), (B), (C) 

11 or (D) of paragraph (1) shall be treated as a cam12 paign-related disbursement regardless of the intent 

13 of the person making the disbursement. 

14 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

15 section, the term ‘covered organization’ means any of the 

16 following: 

17 ‘‘(1) A corporation (other than an organization 

18 described in section 501(c)(3) of the Internal Rev19 enue Code of 1986). 

20 ‘‘(2) A limited liability corporation that is not 

21 otherwise treated as a corporation for purposes of 

22 this Act (other than an organization described in 

23 section 501(c)(3) of the Internal Revenue Code of 

24 1986). 


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1 ‘‘(3) An organization described in section 

2 501(c) of such Code and exempt from taxation 

3 under section 501(a) of such Code (other than an 

4 organization described in section 501(c)(3) of such 

5 Code). 

6 ‘‘(4) A labor organization (as defined in section 

7 316(b)). 

8 ‘‘(5) Any political organization under section 

9 527 of the Internal Revenue Code of 1986, other 

10 than a political committee under this Act (except as 

11 provided in paragraph (6)). 

12 ‘‘(6) A political committee with an account that 

13 accepts donations or contributions that do not com14 ply with the contribution limits or source prohibi15 tions under this Act, but only with respect to such 

16 accounts. 

17 ‘‘(f) COVERED TRANSFER DEFINED.— 

18 ‘‘(1) IN GENERAL.—In this section, the term 

19 ‘covered transfer’ means any transfer or payment of 

20 funds by a covered organization to another person if 

21 the covered organization— 

22 ‘‘(A) designates, requests, or suggests that 

23 the amounts be used for— 

24 ‘‘(i) campaign-related disbursements 

25 (other than covered transfers); or 


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1 ‘‘(ii) making a transfer to another 

2 person for the purpose of making or pay3 ing for such campaign-related disburse4 ments; 

5 ‘‘(B) made such transfer or payment in re6 sponse to a solicitation or other request for a 

7 donation or payment for— 

8 ‘‘(i) the making of or paying for cam9 paign-related disbursements (other than 

10 covered transfers); or 

11 ‘‘(ii) making a transfer to another 

12 person for the purpose of making or pay13 ing for such campaign-related disburse14 ments; 

15 ‘‘(C) engaged in discussions with the re16 cipient of the transfer or payment regarding— 

17 ‘‘(i) the making of or paying for cam18 paign-related disbursements (other than 

19 covered transfers); or 

20 ‘‘(ii) donating or transferring any 

21 amount of such transfer or payment to an22 other person for the purpose of making or 

23 paying for such campaign-related disburse24 ments; or 


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1 ‘‘(D) knew or had reason to know that the 

2 person receiving the transfer or payment would 

3 make campaign-related disbursements in an ag4 gregate amount of $50,000 or more during the 

5 2-year period beginning on the date of the 

6 transfer or payment. 

7 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

8 does not include any of the following: 

9 ‘‘(A) A disbursement made by a covered 

10 organization in a commercial transaction in the 

11 ordinary course of any trade or business con12 ducted by the covered organization or in the 

13 form of investments made by the covered orga14 nization. 

15 ‘‘(B) A disbursement made by a covered 

16 organization if— 

17 ‘‘(i) the covered organization prohib18 ited, in writing, the use of such disburse19 ment for campaign-related disbursements; 

20 and 

21 ‘‘(ii) the recipient of the disbursement 

22 agreed to follow the prohibition and depos23 ited the disbursement in an account which 

24 is segregated from any account used to 

25 make campaign-related disbursements. 


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1 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

2 AMONG AFFILIATES.— 

3 ‘‘(A) SPECIAL RULE.—A transfer of an 

4 amount by one covered organization to another 

5 covered organization which is treated as a 

6 transfer between affiliates under subparagraph 

7 (C) shall be considered a covered transfer by 

8 the covered organization which transfers the 

9 amount only if the aggregate amount trans10 ferred during the year by such covered organi11 zation to that same covered organization is 

12 equal to or greater than $50,000. 

13 ‘‘(B) DETERMINATION OF AMOUNT OF

14 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

15 determining the amount of a transfer between 

16 affiliates for purposes of subparagraph (A), to 

17 the extent that the transfer consists of funds 

18 attributable to dues, fees, or assessments which 

19 are paid by individuals on a regular, periodic 

20 basis in accordance with a per-individual cal21 culation which is made on a regular basis, the 

22 transfer shall be attributed to the individuals 

23 paying the dues, fees, or assessments and shall 

24 not be attributed to the covered organization. 


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1 ‘‘(C) DESCRIPTION OF TRANSFERS BE2 TWEEN AFFILIATES.—A transfer of amounts 

3 from one covered organization to another cov4 ered organization shall be treated as a transfer 

5 between affiliates if— 

6 ‘‘(i) one of the organizations is an af7 filiate of the other organization; or 

8 ‘‘(ii) each of the organizations is an 

9 affiliate of the same organization, 

10 except that the transfer shall not be treated as 

11 a transfer between affiliates if one of the orga12 nizations is established for the purpose of mak13 ing campaign-related disbursements. 

14 ‘‘(D) DETERMINATION OF AFFILIATE STA15 TUS.—For purposes of subparagraph (C), a 

16 covered organization is an affiliate of another 

17 covered organization if— 

18 ‘‘(i) the governing instrument of the 

19 organization requires it to be bound by de20 cisions of the other organization; 

21 ‘‘(ii) the governing board of the orga22 nization includes persons who are specifi23 cally designated representatives of the 

24 other organization or are members of the 

25 governing board, officers, or paid executive 


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1 staff members of the other organization, or 

2 whose service on the governing board is 

3 contingent upon the approval of the other 

4 organization; or 

5 ‘‘(iii) the organization is chartered by 

6 the other organization. 

7 ‘‘(E) COVERAGE OF TRANSFERS TO AF8 FILIATED SECTION 501(c)(3) ORGANIZA9 TIONS.—This paragraph shall apply with re10 spect to an amount transferred by a covered or11 ganization to an organization described in para12 graph (3) of section 501(c) of the Internal Rev13 enue Code of 1986 and exempt from tax under 

14 section 501(a) of such Code in the same man15 ner as this paragraph applies to an amount 

16 transferred by a covered organization to an17 other covered organization. 

18 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE19 MENTS.—Except as provided in subsection (b)(1), nothing 

20 in this section shall be construed to waive or otherwise 

21 affect any other requirement of this Act which relates to 

22 the reporting of campaign-related disbursements.’’. 

23 (b) CONFORMING AMENDMENT.—Section 304(f)(6) 

24 of such Act (52 U.S.C. 30104) is amended by striking 


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1 ‘‘Any requirement’’ and inserting ‘‘Except as provided in 

2 section 324(b), any requirement’’. 

3 (c) REGULATIONS.—Not later than 6 months after 

4 the date of the enactment of this Act, the Federal Election 

5 Commission shall promulgate regulations relating the ap6 plication of the exemption under section 324(a)(3)(C) of 

7 the Federal Election Campaign Act of 1971 (as added by 

8 paragraph (1)). Such regulations— 

9 (1) shall require that the legal burden of estab10 lishing eligibility for such exemption is upon the or11 ganization required to make the report required 

12 under section 324(a)(1) of such Act (as added by 

13 paragraph (1)), and 

14 (2) shall be consistent with the principles ap15 plied in Citizens United v. Federal Election Commis16 sion, 558 U.S. 310 (2010). 

17 SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINA18 TION DISBURSEMENTS. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) A fair and impartial judiciary is critical for 

22 our democracy and crucial to maintain the faith of 

23 the people of the United States in the justice sys24 tem. As the Supreme Court held in Caperton v. 

25 Massey, ‘‘there is a serious risk of actual bias— 


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1 based on objective and reasonable perceptions— 

2 when a person with a personal stake in a particular 

3 case had a significant and disproportionate influence 

4 in placing the judge on the case.’’ ( Caperton v. A. 

5 T. Massey Coal Co., 556 U.S. 868, 884 (2009)). 

6 (2) Public trust in government is at a historic 

7 low. According to polling, most Americans believe 

8 that corporations have too much power and influence 

9 in politics and the courts. 

10 (3) The prevalence and pervasiveness of dark 

11 money drives public concern about corruption in pol12 itics and the courts. Dark money is funding for or13 ganizations and political activities that cannot be 

14 traced to actual donors. It is made possible by loop15 holes in our tax laws and regulations, weak oversight 

16 by the Internal Revenue Service, and donor-friendly 

17 court decisions. 

18 (4) Under current law, ‘‘social welfare’’ organi19 zations and business leagues can use funds to influ20 ence elections so long as political activity is not their 

21 ‘‘primary’’ activity. Super PACs can accept and 

22 spend unlimited contributions from any non-foreign 

23 source. These groups can spend tens of millions of 

24 dollars on political activities, all without disclosing a 


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1 single donor. Such dark money groups spent an esti2 mated $1,050,000,000 in the 2020 election cycle. 

3 (5) Dark money is used to shape judicial deci4 sion-making. This can take many forms, akin to 

5 agency capture: influencing judicial selection by con6 trolling who gets nominated and funding candidate 

7 advertisements; creating public relations campaigns 

8 aimed at mobilizing the judiciary around particular 

9 issues; and drafting law review articles, amicus 

10 briefs, and other products which tell judges how to 

11 decide a given case and provide ready-made argu12 ments for willing judges to adopt. 

13 (6) Over the past decade, nonprofit organiza14 tions that do not disclose their donors have spent 

15 hundreds of millions of dollars to influence the nomi16 nation and confirmation process for Federal judges. 

17 One organization alone has spent nearly 

18 $40,000,000 on advertisements supporting or oppos19 ing Supreme Court nominees since 2016. 

20 (7) Anonymous money spent on judicial nomi21 nations is not subject to any disclosure require22 ments. Federal election laws only regulate contribu23 tions and expenditures relating to electoral politics; 

24 thus, expenditures, contributions, and advocacy ef25 forts for Federal judgeships are not covered under 


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1 the Federal Election Campaign Act of 1971. With2 out more disclosure, the public has no way of know3 ing whether the people spending money supporting 

4 or opposing judicial nominations have business be5 fore the courts. 

6 (8) Congress and the American people have a 

7 compelling interest in knowing who is funding these 

8 campaigns to select and confirm judges to lifetime 

9 appointments on the Federal bench. 

10 (b) REPORTING.—Section 324 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30126), as amend12 ed by section 6011, is amended by redesignating sub13 section (g) as subsection (h) and by inserting after sub14 section (f) the following new subsection: 

15 ‘‘(g) APPLICATION TO FEDERAL JUDICIAL NOMINA16 TIONS.— 

17 ‘‘(1) IN GENERAL.—For purposes of this sec18 tion— 

19 ‘‘(A) a disbursement by a covered organi20 zation for a Federal judicial nomination com21 munication shall be treated as a campaign-re22 lated disbursement; and 

23 ‘‘(B) in the case of campaign-related dis24 bursements which are for Federal judicial nomi25 nation communications— 


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1 ‘‘(i) the dollar amounts in paragraphs 

2 (1) and (2) of subsection (a) shall be ap3 plied separately with respect to such dis4 bursements and other campaign-related 

5 disbursements; 

6 ‘‘(ii) the election reporting cycle shall 

7 be the calendar year in which the disburse8 ment for the Federal judicial nomination 

9 communication is made; 

10 ‘‘(iii) references to a candidate in sub11 sections (a)(2)(C), (a)(2)(D), and 

12 (a)(3)(C) shall be treated as references to 

13 a nominee for a Federal judge or justice; 

14 ‘‘(iv) the reference to an election in 

15 subsection (a)(2)(C) shall be treated as a 

16 reference to the nomination of such nomi17 nee. 

18 ‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU19 NICATION.— 

20 ‘‘(A) IN GENERAL.—The term ‘Federal ju21 dicial nomination communication’ means any 

22 communication— 

23 ‘‘(i) that is by means of any broad24 cast, cable, or satellite, paid internet, or 

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1 motion, newspaper, magazine, outdoor ad2 vertising facility, mass mailing, telephone 

3 bank, telephone messaging effort of more 

4 than 500 substantially similar calls or elec5 tronic messages within a 30-day period, or 

6 any other form of general public political 

7 advertising; and 

8 ‘‘(ii) which promotes, supports, at9 tacks, or opposes the nomination or Senate 

10 confirmation of an individual as a Federal 

11 judge or justice. 

12 ‘‘(B) EXCEPTION.—Such term shall not in13 clude any news story, commentary, or editorial 

14 distributed through the facilities of any broad15 casting station or any print, online, or digital 

16 newspaper, magazine, publication, or periodical, 

17 unless such facilities are owned or controlled by 

18 any political party, political committee, or can19 didate. 

20 ‘‘(C) INTENT NOT REQUIRED.—A disburse21 ment for an item described in subparagraph (A) 

22 shall be treated as a disbursement for a Federal 

23 judicial nomination communication regardless 

24 of the intent of the person making the disburse25 ment.’’. 


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1 SEC. 6013. COORDINATION WITH FINCEN. 

2 (a) IN GENERAL.—The Director of the Financial 

3 Crimes Enforcement Network of the Department of the 

4 Treasury shall provide the Federal Election Commission 

5 with such information as necessary to assist in admin6 istering and enforcing section 324 of the Federal Election 

7 Campaign Act of 1971, as amended by this part. 

8 (b) REPORT.—Not later than 6 months after the date 

9 of the enactment of this Act, the Chairman of the Federal 

10 Election Commission, in consultation with the Director of 

11 the Financial Crimes Enforcement Network of the De12 partment of the Treasury, shall submit to Congress a re13 port with recommendations for providing further legisla14 tive authority to assist in the administration and enforce15 ment of such section 324. 

16 SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DIS17 BURSEMENTS FOR CAMPAIGN-RELATED DIS18 BURSEMENTS CONSISTING OF COVERED 

19 TRANSFERS. 

20 Section 319(b)(2) of the Federal Election Campaign 

21 Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by 

22 section 6002, is amended— 

23 (1) by striking ‘‘includes any disbursement’’ 

24 and inserting ‘‘includes— 

25 ‘‘(A) any disbursement’’; 


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1 (2) by striking the period at the end and insert2 ing ‘‘; and’’, and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(B) any disbursement, other than a dis6 bursement described in section 324(a)(3)(A), to 

7 another person who made a campaign-related 

8 disbursement consisting of a covered transfer 

9 (as described in section 324) during the 2-year 

10 period ending on the date of the disburse11 ment.’’. 

12 SEC. 6015. EFFECTIVE DATE. 

13 The amendments made by this part shall apply with 

14 respect to disbursements made on or after January 1, 

15 2022, and shall take effect without regard to whether or 

16 not the Federal Election Commission has promulgated 

17 regulations to carry out such amendments. 

18 PART 3—OTHER ADMINISTRATIVE REFORMS 

19 SEC. 6021. PETITION FOR CERTIORARI. 

20 Section 307(a)(6) of the Federal Election Campaign 

21 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in22 serting ‘‘(including a proceeding before the Supreme 

23 Court on certiorari)’’ after ‘‘appeal’’. 


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1 SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO 

2 CAMPAIGN FINANCE LAWS. 

3 (a) IN GENERAL.—Title IV of the Federal Election 

4 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

5 amended by inserting after section 406 the following new 

6 section: 

7 ‘‘SEC. 407. JUDICIAL REVIEW. 

8 ‘‘(a) IN GENERAL.—If any action is brought for de9 claratory or injunctive relief to challenge, whether facially 

10 or as-applied, the constitutionality or lawfulness of any 

11 provision of this Act or of chapter 95 or 96 of the Internal 

12 Revenue Code of 1986, or is brought to with respect to 

13 any action of the Commission under chapter 95 or 96 of 

14 the Internal Revenue Code of 1986, the following rules 

15 shall apply: 

16 ‘‘(1) The action shall be filed in the United 

17 States District Court for the District of Columbia 

18 and an appeal from the decision of the district court 

19 may be taken to the Court of Appeals for the Dis20 trict of Columbia Circuit. 

21 ‘‘(2) In the case of an action relating to declar22 atory or injunctive relief to challenge the constitu23 tionality of a provision, the party filing the action 

24 shall concurrently deliver a copy of the complaint to 

25 the Clerk of the House of Representatives and the 

26 Secretary of the Senate. 


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1 ‘‘(3) It shall be the duty of the United States 

2 District Court for the District of Columbia and the 

3 Court of Appeals for the District of Columbia Cir4 cuit to advance on the docket and to expedite to the 

5 greatest possible extent the disposition of the action 

6 and appeal. 

7 ‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If an 

8 action at the time of its commencement is not subject to 

9 subsection (a), but an amendment, counterclaim, cross10 claim, affirmative defense, or any other pleading or motion 

11 is filed challenging, whether facially or as-applied, the con12 stitutionality or lawfulness of this Act or of chapter 95 

13 or 96 of the Internal Revenue Code of 1986, or is brought 

14 to with respect to any action of the Commission under 

15 chapter 95 or 96 of the Internal Revenue Code of 1986, 

16 the district court shall transfer the action to the District 

17 Court for the District of Columbia, and the action shall 

18 thereafter be conducted pursuant to subsection (a). 

19 ‘‘(c) INTERVENTION BY MEMBERS OF CONGRESS.— 

20 In any action described in subsection (a) relating to de21 claratory or injunctive relief to challenge the constitu22 tionality of a provision, any Member of the House of Rep23 resentatives (including a Delegate or Resident Commis24 sioner to the Congress) or Senate shall have the right to 

25 intervene either in support of or opposition to the position 


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1 of a party to the case regarding the constitutionality of 

2 the provision. To avoid duplication of efforts and reduce 

3 the burdens placed on the parties to the action, the court 

4 in any such action may make such orders as it considers 

5 necessary, including orders to require interveners taking 

6 similar positions to file joint papers or to be represented 

7 by a single attorney at oral argument. 

8 ‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

9 Member of Congress may bring an action, subject to the 

10 special rules described in subsection (a), for declaratory 

11 or injunctive relief to challenge, whether facially or as-ap12 plied, the constitutionality of any provision of this Act or 

13 chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 9011 of the Internal Revenue Code 

16 of 1986 is amended to read as follows: 

17 ‘‘SEC. 9011. JUDICIAL REVIEW. 

18 ‘‘For provisions relating to judicial review of certifi19 cations, determinations, and actions by the Commission 

20 under this chapter, see section 407 of the Federal Election 

21 Campaign Act of 1971.’’. 

22 (2) Section 9041 of the Internal Revenue Code 

23 of 1986 is amended to read as follows: 


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1 ‘‘SEC. 9041. JUDICIAL REVIEW. 

2 ‘‘For provisions relating to judicial review of actions 

3 by the Commission under this chapter, see section 407 of 

4 the Federal Election Campaign Act of 1971.’’. 

5 (3) Section 310 of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30110) is repealed. 

7 (4) Section 403 of the Bipartisan Campaign 

8 Reform Act of 2002 (52 U.S.C. 30110 note) is re9 pealed. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to actions brought on or after Jan12 uary 1, 2021. 

13 Subtitle B—Honest Ads 

14 SEC. 6101. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Honest Ads Act’’. 

16 SEC. 6102. PURPOSE. 

17 The purpose of this subtitle is to enhance the integ18 rity of American democracy and national security by im19 proving disclosure requirements for online political adver20 tisements in order to uphold the Supreme Court’s well21 established standard that the electorate bears the right to 

22 be fully informed. 

23 SEC. 6103. FINDINGS. 

24 Congress makes the following findings: 

25 (1) In 2002, the Bipartisan Campaign Reform 

26 Act of 2002 (Public Law 107–155) became law, esVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 tablishing disclosure requirements for political adver2 tisements distributed from a television or radio 

3 broadcast station or provider of cable or satellite tel4 evision. In 2003, the Supreme Court upheld regula5 tions on electioneering communications established 

6 under the Act, noting that such requirements ‘‘pro7 vide the electorate with information and insure that 

8 the voters are fully informed about the person or 

9 group who is speaking.’’ The Court reaffirmed this 

10 conclusion in 2010 by an 8–1 vote. 

11 (2) In its 2006 rulemaking, the Federal Elec12 tion Commission, the independent Federal agency 

13 charged with protecting the integrity of the Federal 

14 campaign finance process, noted that 18 percent of 

15 all Americans cited the internet as their leading 

16 source of news about the 2004 Presidential election. 

17 By contrast, Gallup and the Knight Foundation 

18 found in 2020 that the majority of Americans, 58 

19 percent, got most of their news about elections on20 line. 

21 (3) According to a study from Borrell Associ22 ates, in 2016, $1,415,000,000 was spent on online 

23 advertising, more than quadruple the amount in 

24 2012. 


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1 (4) Effective and complete transparency for vot2 ers must include information about the true and 

3 original source of money given, transferred, and 

4 spent on political advertisements made online. 

5 (5) Campaign finance disclosure is a narrowly 

6 tailored and minimally restrictive means to advance 

7 substantial government interests, including fostering 

8 an informed electorate capable of engaging in self9 government and holding their elected officials ac10 countable, detecting and deterring quid pro quo cor11 ruption, and identifying information necessary to en12 force other campaign finance laws, including cam13 paign contribution limits and the prohibition on for14 eign money in United States campaigns. To further 

15 these substantial interests, campaign finance disclo16 sure must be timely and complete, and must disclose 

17 the true and original source of money given, trans18 ferred, and spent to influence Federal elections. 

19 (6) As the Supreme Court recognized in its per 

20 curiam opinion in Buckley v. Valeo, 424 U.S. 1 

21 (1976), ‘‘disclosure requirements certainly in most 

22 applications appear to be the least restrictive means 

23 of curbing the evils of campaign ignorance and cor24 ruption that Congress found to exist.’’ Buckley, 424 

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1 iterated that ‘‘disclosure is a less restrictive alter2 native to more comprehensive regulations of speech.’’ 

3 558 U.S. 310, 369 (2010). 

4 (7) No subsequent decision has called these 

5 holdings into question, including the Court’s decision 

6 in Americans for Prosperity Foundation v. Bonta, 

7 141 S. Ct. 2373 (2021). That case did not involve 

8 campaign finance disclosure, and the Court did not 

9 overturn its longstanding recognition of the substan10 tial interests furthered by such disclosure. 

11 (8) Paid advertising on large online platforms is 

12 different from advertising placed on other common 

13 media in terms of the comparatively low cost of 

14 reaching large numbers of people, the availability of 

15 sophisticated microtargeting, and the ease with 

16 which online advertisers, particularly those located 

17 outside the United States, can evade disclosure re18 quirements. Requiring large online platforms to 

19 maintain public files of information about the online 

20 political ads they disseminate is the best and least 

21 restrictive means to ensure the voting public has 

22 complete information about who is trying to influ23 ence their votes and to aid enforcement of other 

24 laws, including the prohibition on foreign money in 

25 domestic campaigns. 


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1 (9) The reach of a few large internet plat2 forms—larger than any broadcast, satellite, or cable 

3 provider—has greatly facilitated the scope and effec4 tiveness of disinformation campaigns. For instance, 

5 the largest platform has over 210,000,000 American 

6 users—over 160,000,000 of them on a daily basis. 

7 By contrast, the largest cable television provider has 

8 22,430,000 subscribers, while the largest satellite 

9 television provider has 21,000,000 subscribers. And 

10 the most-watched television broadcast in United 

11 States history had 118,000,000 viewers. 

12 (10) The public nature of broadcast television, 

13 radio, and satellite ensures a level of publicity for 

14 any political advertisement. These communications 

15 are accessible to the press, fact-checkers, and polit16 ical opponents. This creates strong disincentives for 

17 a candidate to disseminate materially false, inflam18 matory, or contradictory messages to the public. So19 cial media platforms, in contrast, can target portions 

20 of the electorate with direct, ephemeral advertise21 ments often on the basis of private information the 

22 platform has on individuals, enabling political adver23 tisements that are contradictory, racially or socially 

24 inflammatory, or materially false. 


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1 (11) According to comscore, 2 companies own 8 

2 of the 10 most popular smart phone applications as 

3 of June 2017, including the most popular social 

4 media and email services which deliver information 

5 and news to users without requiring proactivity by 

6 the user. Those same 2 companies accounted for 99 

7 percent of revenue growth from digital advertising in 

8 2016, including 77 percent of gross spending. 79 

9 percent of online Americans—representing 68 per10 cent of all Americans—use the single largest social 

11 network, while 66 percent of these users are most 

12 likely to get their news from that site. 

13 (12) Large social media platforms are the only 

14 entities in possession of certain key data related to 

15 paid online ads, including the exact audience tar16 geted by those ads and their number of impressions. 

17 Such information, which cannot be reliably disclosed 

18 by the purchasers of ads, is extremely useful for in19 forming the electorate, guarding against corruption, 

20 and aiding in the enforcement of existing campaign 

21 finance regulations. 

22 (13) Paid advertisements on social media plat23 forms have served as critical tools for foreign online 

24 influence campaigns—even those that rely on large 

25 amounts of unpaid content—because such ads allow 


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1 foreign actors to test the effectiveness of different 

2 messages, expose their messages to audiences who 

3 have not sought out such content, and recruit audi4 ences for future campaigns and posts. 

5 (14) In testimony before the Senate Select 

6 Committee on Intelligence titled, ‘‘Disinformation: A 

7 Primer in Russian Active Measures and Influence 

8 Campaigns’’, multiple expert witnesses testified that 

9 while the disinformation tactics of foreign adver10 saries have not necessarily changed, social media 

11 services now provide ‘‘platform[s] practically pur12 pose-built for active measures[.]’’ Similarly, as Gen. 

13 Keith B. Alexander (RET.), the former Director of 

14 the National Security Agency, testified, during the 

15 Cold War ‘‘if the Soviet Union sought to manipulate 

16 information flow, it would have to do so principally 

17 through its own propaganda outlets or through ac18 tive measures that would generate specific news: 

19 planting of leaflets, inciting of violence, creation of 

20 other false materials and narratives. But the news 

21 itself was hard to manipulate because it would have 

22 required actual control of the organs of media, which 

23 took long-term efforts to penetrate. Today, however, 

24 because the clear majority of the information on so25 cial media sites is uncurated and there is a rapid 


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1 proliferation of information sources and other sites 

2 that can reinforce information, there is an increasing 

3 likelihood that the information available to average 

4 consumers may be inaccurate (whether intentionally 

5 or otherwise) and may be more easily manipulable 

6 than in prior eras.’’. 

7 (15) On November 24, 2016, The Washington 

8 Post reported findings from 2 teams of independent 

9 researchers that concluded Russians ‘‘exploited 

10 American-made technology platforms to attack U.S. 

11 democracy at a particularly vulnerable moment *** 

12 as part of a broadly effective strategy of sowing dis13 trust in U.S. democracy and its leaders.’’. 

14 (16) On January 6, 2017, the Office of the Di15 rector of National Intelligence published a report ti16 tled ‘‘Assessing Russian Activities and Intentions in 

17 Recent U.S. Elections’’, noting that ‘‘Russian Presi18 dent Vladimir Putin ordered an influence campaign 

19 in 2016 aimed at the US presidential election * * 

20 *’’. Moscow’s influence campaign followed a Russian 

21 messaging strategy that blends covert intelligence 

22 operation—such as cyber activity—with overt efforts 

23 by Russian Government agencies, state-funded 

24 media, third-party intermediaries, and paid social 

25 media users or ‘‘trolls’’. 


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1 (17) On September 6, 2017, the nation’s larg2 est social media platform disclosed that between 

3 June 2015 and May 2017, Russian entities pur4 chased $100,000 in political advertisements, pub5 lishing roughly 3,000 ads linked to fake accounts as6 sociated with the Internet Research Agency, a pro7 Kremlin organization. According to the company, 

8 the ads purchased focused ‘‘on amplifying divisive 

9 social and political messages ***’’. 

10 (18) Findings from a 2017 study on the manip11 ulation of public opinion through social media con12 ducted by the Computational Propaganda Research 

13 Project at the Oxford Internet Institute found that 

14 the Kremlin is using pro-Russian bots to manipulate 

15 public discourse to a highly targeted audience. With 

16 a sample of nearly 1,300,000 tweets, researchers 

17 found that in the 2016 election’s 3 decisive States, 

18 propaganda constituted 40 percent of the sampled 

19 election-related tweets that went to Pennsylvanians, 

20 34 percent to Michigan voters, and 30 percent to 

21 those in Wisconsin. In other swing States, the figure 

22 reached 42 percent in Missouri, 41 percent in Flor23 ida, 40 percent in North Carolina, 38 percent in 

24 Colorado, and 35 percent in Ohio. 


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1 (19) 2018 reporting by the Washington Post 

2 estimated that paid Russian ads received more than 

3 37,000,000 impressions in 2016 and 2017. 

4 (20) A 2019 Senate Select Committee on 

5 Intelligence’s Report on Russian Active Measures 

6 Campaigns and Interference in the 2016 U.S. Elec7 tion Volume 2: Russia’s Use of Social Media with 

8 Additional Views, the Committee recommended 

9 ‘‘that Congress examine legislative approaches to en10 suring Americans know the sources of online polit11 ical advertisements. The Federal Election Campaign 

12 Act of 1971 requires political advertisements on tele13 vision, radio and satellite to disclose the sponsor of 

14 the advertisement. The same requirements should 

15 apply online. This will also help to ensure that the 

16 IRA or any similarly situated actors cannot use paid 

17 advertisements for purposes of foreign inter18 ference.’’. 

19 (21) A 2020 study by researchers at New York 

20 University found undisclosed political advertisement 

21 purchases on a large social media platform by a Chi22 nese state media company in violation of that plat23 form’s supposed prohibitions on foreign spending on 

24 ads of social, national, or electoral importance. 


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1 (22) The same study also found that ‘‘there are 

2 persistent issues with advertisers failing to disclose 

3 political ads’’ and that in one social media plat4 form’s political ad archive, 68,879 pages (54.6 per5 cent of pages with political ads included in the ar6 chive) never provided a disclosure. Overall, there 

7 were 357,099 ads run on that platforms without a 

8 disclosure, accounting for at least $37,000,000 in 

9 spending on political ads. 

10 (23) A 2020 report by the bipartisan and bi11 cameral U.S. Cyberspace Solarium Commission 

12 found that ‘‘Although foreign nationals are banned 

13 from contributing to U.S. political campaigns, they 

14 are still allowed to purchase U.S. political advertise15 ments online, making the internet a fertile environ16 ment for conducting a malign influence campaign to 

17 undermine American elections.’’ The Commission 

18 concluded that Russian interference in the 2016 

19 election was and still is possible, ‘‘because the 

20 FECA, which establishes rules for transparency in 

21 television, radio, and print media political adver22 tising, has not been amended to extend the same po23 litical advertising requirements to internet plat24 forms,’’ and that ‘‘[a]pplying these standards across 

25 all media of communication would, among other 


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1 things, increase transparency of funding for political 

2 advertisements, which would in turn strengthen reg3 ulators’ ability to reduce improper foreign influence 

4 in our elections.’’ 

5 (24) On March 16, 2021, the Office of the Di6 rector of National Intelligence released the declas7 sified Intelligence Community assessment of foreign 

8 threats to the 2020 U.S. Federal elections. The de9 classified report found: ‘‘Throughout the election 

10 cycle, Russia’s online influence actors sought to af11 fect U.S. public perceptions of the candidates, as 

12 well as advance Moscow’s longstanding goals of un13 dermining confidence in US election processes and 

14 increasing sociopolitical divisions among the Amer15 ican people.’’ The report also determined that Iran 

16 sought to influence the election by ‘‘creating and 

17 amplifying social media content that criticized [can18 didates].’’ 

19 (25) According to a Wall Street Journal report 

20 in April 2021, voluntary ad libraries operated by 

21 major platforms rely on foreign governments to self22 report political ad purchases. These ad-buys, includ23 ing those diminishing major human rights violations 

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1 eign government purchasers, with no substantial 

2 oversight or repercussions from the platforms. 

3 (26) Multiple reports have indicated that online 

4 ads have become a key vector for strategic influence 

5 by the People’s Republic of China. An April 2021 

6 Wall Street Journal report noted that the Chinese 

7 government and Chinese state-owned enterprises are 

8 major purchasers of ads on the U.S.’s largest social 

9 media platform, including to advance Chinese propa10 ganda. 

11 (27) Large online platforms have made changes 

12 to their policies intended to make it harder for for13 eign actors to purchase political ads. However, these 

14 private actions have not been taken by all platforms, 

15 have not been reliably enforced, and are subject to 

16 immediate change at the discretion of the platforms. 

17 (28) The Federal Election Commission has 

18 failed to take action to address online political ad19 vertisements and current regulations on political ad20 vertisements do not provide sufficient transparency 

21 to uphold the public’s right to be fully informed 

22 about political advertisements made online. 

23 SEC. 6104. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) the dramatic increase in digital political ad2 vertisements, and the growing centrality of online 

3 platforms in the lives of Americans, requires the 

4 Congress and the Federal Election Commission to 

5 take meaningful action to ensure that laws and reg6 ulations provide the accountability and transparency 

7 that is fundamental to our democracy; 

8 (2) free and fair elections require both trans9 parency and accountability which give the public a 

10 right to know the true sources of funding for polit11 ical advertisements, be they foreign or domestic, in 

12 order to make informed political choices and hold 

13 elected officials accountable; and 

14 (3) transparency of funding for political adver15 tisements is essential to enforce other campaign fi16 nance laws, including the prohibition on campaign 

17 spending by foreign nationals. 

18 SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMU19 NICATION. 

20 (a) IN GENERAL.—Paragraph (22) of section 301 of 

21 the Federal Election Campaign Act of 1971 (52 U.S.C. 

22 30101(22)) is amended by striking ‘‘or satellite commu23 nication’’ and inserting ‘‘satellite, paid internet, or paid 

24 digital communication’’. 


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1 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI2 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

3 amended— 

4 (1) in paragraph (8)(B)(v), by striking ‘‘on 

5 broadcasting stations, or in newspapers, magazines, 

6 or similar types of general public political adver7 tising’’ and inserting ‘‘in any public communica8 tion’’; and 

9 (2) in paragraph (9)(B)— 

10 (A) by amending clause (i) to read as fol11 lows: 

12 ‘‘(i) any news story, commentary, or 

13 editorial distributed through the facilities 

14 of any broadcasting station or any print, 

15 online, or digital newspaper, magazine, 

16 blog, publication, or periodical, unless such 

17 broadcasting, print, online, or digital facili18 ties are owned or controlled by any polit19 ical party, political committee, or can20 didate;’’; and 

21 (B) in clause (iv), by striking ‘‘on broad22 casting stations, or in newspapers, magazines, 

23 or similar types of general public political ad24 vertising’’ and inserting ‘‘in any public commu25 nication’’. 


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1 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

2 Subsection (a) of section 318 of such Act (52 U.S.C. 

3 30120) is amended— 

4 (1) by striking ‘‘financing any communication 

5 through any broadcasting station, newspaper, maga6 zine, outdoor advertising facility, mailing, or any 

7 other type of general public political advertising’’ 

8 and inserting ‘‘financing any public communication’’; 

9 and 

10 (2) by striking ‘‘solicits any contribution 

11 through any broadcasting station, newspaper, maga12 zine, outdoor advertising facility, mailing, or any 

13 other type of general public political advertising’’ 

14 and inserting ‘‘solicits any contribution through any 

15 public communication’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act and shall take effect without regard to whether 

19 or not the Federal Election Commission has promulgated 

20 the final regulations necessary to carry out this part and 

21 the amendments made by this part by the deadline set 

22 forth in subsection (e). 

23 (e) REGULATION.—Not later than 1 year after the 

24 date of the enactment of this Act, the Federal Election 

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1 stitutes a paid internet or paid digital communication for 

2 purposes of paragraph (22) of section 301 of the Federal 

3 Election Campaign Act of 1971(52 U.S.C. 30101(22)), as 

4 amended by subsection (a), except that such regulation 

5 shall not define a paid internet or paid digital communica6 tion to include communications for which the only pay7 ment consists of internal resources, such as employee com8 pensation, of the entity paying for the communication. 

9 SEC. 6106. EXPANSION OF DEFINITION OF ELECTION10 EERING COMMUNICATION. 

11 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

12 (1) APPLICATION TO QUALIFIED INTERNET AND

13 DIGITAL COMMUNICATIONS.— 

14 (A) IN GENERAL.—Subparagraph (A) of 

15 section 304(f)(3) of the Federal Election Cam16 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

17 is amended by striking ‘‘or satellite communica18 tion’’ each place it appears in clauses (i) and 

19 (ii) and inserting ‘‘satellite, or qualified internet 

20 or digital communication’’. 

21 (B) QUALIFIED INTERNET OR DIGITAL

22 COMMUNICATION.—Paragraph (3) of section 

23 304(f) of such Act (52 U.S.C. 30104(f)) is 

24 amended by adding at the end the following 

25 new subparagraph: 


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1 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

2 COMMUNICATION.—The term ‘qualified internet 

3 or digital communication’ means any commu4 nication which is placed or promoted for a fee 

5 on an online platform (as defined in subsection 

6 (k)(3)).’’. 

7 (2) NONAPPLICATION OF RELEVANT ELEC8 TORATE TO ONLINE COMMUNICATIONS.—Section 

9 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

10 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

11 broadcast, cable, or satellite’’ before ‘‘communica12 tion’’. 

13 (3) NEWS EXEMPTION.—Section 

14 304(f)(3)(B)(i) of such Act (52 U.S.C. 

15 30104(f)(3)(B)(i)) is amended to read as follows: 

16 ‘‘(i) a communication appearing in a 

17 news story, commentary, or editorial dis18 tributed through the facilities of any 

19 broadcasting station or any online or dig20 ital newspaper, magazine, blog, publica21 tion, or periodical, unless such broad22 casting, online, or digital facilities are 

23 owned or controlled by any political party, 

24 political committee, or candidate;’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to communications 

3 made on or after January 1, 2022 and shall take effect 

4 without regard to whether or not the Federal Election 

5 Commission has promulgated regulations to carry out 

6 such amendments. 

7 SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO 

8 ONLINE COMMUNICATIONS. 

9 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE10 MENT.—Subsection (a) of section 318 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

12 amended— 

13 (1) by striking ‘‘shall clearly state’’ each place 

14 it appears in paragraphs (1), (2), and (3) and in15 serting ‘‘shall state in a clear and conspicuous man16 ner’’; and 

17 (2) by adding at the end the following flush 

18 sentence: ‘‘For purposes of this section, a commu19 nication does not make a statement in a clear and 

20 conspicuous manner if it is difficult to read or hear 

21 or if the placement is easily overlooked.’’. 

22 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

23 DIGITAL COMMUNICATIONS.— 


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1 (1) IN GENERAL.—Section 318 of such Act (52 

2 U.S.C. 30120) is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

5 DIGITAL COMMUNICATIONS.— 

6 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE7 MENTS.—In the case of any qualified internet or 

8 digital communication (as defined in section 

9 304(f)(3)(D)) which is disseminated through a me10 dium in which the provision of all of the information 

11 specified in this section is not possible, the commu12 nication shall, in a clear and conspicuous manner— 

13 ‘‘(A) state the name of the person who 

14 paid for the communication; and 

15 ‘‘(B) provide a means for the recipient of 

16 the communication to obtain the remainder of 

17 the information required under this section with 

18 minimal effort and without receiving or viewing 

19 any additional material other than such re20 quired information. 

21 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

22 AND CONSPICUOUS MANNER.—A statement in quali23 fied internet or digital communication (as defined in 

24 section 304(f)(3)(D)) shall be considered to be made 

25 in a clear and conspicuous manner as provided in 


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1 subsection (a) if the communication meets the fol2 lowing requirements: 

3 ‘‘(A) TEXT OR GRAPHIC COMMUNICA4 TIONS.—In the case of a text or graphic com5 munication, the statement— 

6 ‘‘(i) appears in letters at least as large 

7 as the majority of the text in the commu8 nication; and 

9 ‘‘(ii) meets the requirements of para10 graphs (2) and (3) of subsection (c). 

11 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

12 case of an audio communication, the statement 

13 is spoken in a clearly audible and intelligible 

14 manner at the beginning or end of the commu15 nication and lasts at least 3 seconds. 

16 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

17 case of a video communication which also in18 cludes audio, the statement— 

19 ‘‘(i) is included at either the beginning 

20 or the end of the communication; and 

21 ‘‘(ii) is made both in— 

22 ‘‘(I) a written format that meets 

23 the requirements of subparagraph (A) 

24 and appears for at least 4 seconds; 

25 and 


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1 ‘‘(II) an audible format that 

2 meets the requirements of subpara3 graph (B). 

4 ‘‘(D) OTHER COMMUNICATIONS.—In the 

5 case of any other type of communication, the 

6 statement is at least as clear and conspicuous 

7 as the statement specified in subparagraph (A), 

8 (B), or (C).’’. 

9 (2) NONAPPLICATION OF CERTAIN EXCEP10 TIONS.—The exceptions provided in section 

11 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

12 Regulations, or any successor to such rules, shall 

13 have no application to qualified internet or digital 

14 communications (as defined in section 304(f)(3)(D) 

15 of the Federal Election Campaign Act of 1971). 

16 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

17 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

18 Act (52 U.S.C. 30120(d)) is amended— 

19 (1) in paragraph (1)(A)— 

20 (A) by striking ‘‘which is transmitted 

21 through radio’’ and inserting ‘‘which is in an 

22 audio format’’; and 

23 (B) by striking ‘‘BY RADIO’’ in the heading 

24 and inserting ‘‘AUDIO FORMAT’’; 

25 (2) in paragraph (1)(B)— 


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1 (A) by striking ‘‘which is transmitted 

2 through television’’ and inserting ‘‘which is in 

3 video format’’; and 

4 (B) by striking ‘‘BY TELEVISION’’ in the 

5 heading and inserting ‘‘VIDEO FORMAT’’; and 

6 (3) in paragraph (2)— 

7 (A) by striking ‘‘transmitted through radio 

8 or television’’ and inserting ‘‘made in audio or 

9 video format’’; and 

10 (B) by striking ‘‘through television’’ in the 

11 second sentence and inserting ‘‘in video for12 mat’’. 

13 (d) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall take effect without regard to 

16 whether or not the Federal Election Commission has pro17 mulgated regulations to carry out such amendments. 

18 SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ON19 LINE PLATFORMS. 

20 (a) IN GENERAL.—Section 304 of the Federal Elec21 tion Campaign Act of 1971 (52 U.S.C. 30104), as amend22 ed by section 3802, is amended by adding at the end the 

23 following new subsection: 

24 ‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISE25 MENTS.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT3 FORMS.— 

4 ‘‘(i) IN GENERAL.—An online plat5 form shall maintain, and make available 

6 for online public inspection in machine 

7 readable format, a complete record of any 

8 request to purchase on such online plat9 form a qualified political advertisement 

10 which is made by a person whose aggre11 gate requests to purchase qualified political 

12 advertisements on such online platform 

13 during the calendar year exceeds $500. 

14 ‘‘(ii) REQUIREMENT RELATING TO PO15 LITICAL ADS SOLD BY THIRD PARTY AD16 VERTISING VENDORS.—An online platform 

17 that displays a qualified political advertise18 ment sold by a third party advertising ven19 dor as defined in (3)(C), shall include on 

20 its own platform an easily accessible and 

21 identifiable link to the records maintained 

22 by the third-party advertising vendor under 

23 clause (i) regarding such qualified political 

24 advertisement. 


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1 ‘‘(B) REQUIREMENTS FOR ADVER2 TISERS.—Any person who requests to purchase 

3 a qualified political advertisement on an online 

4 platform shall provide the online platform with 

5 such information as is necessary for the online 

6 platform to comply with the requirements of 

7 subparagraph (A). 

8 ‘‘(2) CONTENTS OF RECORD.—A record main9 tained under paragraph (1)(A) shall contain— 

10 ‘‘(A) a digital copy of the qualified political 

11 advertisement; 

12 ‘‘(B) a description of the audience targeted 

13 by the advertisement, the number of views gen14 erated from the advertisement, and the date 

15 and time that the advertisement is first dis16 played and last displayed; and 

17 ‘‘(C) information regarding— 

18 ‘‘(i) the total cost of the advertise19 ment; 

20 ‘‘(ii) the name of the candidate to 

21 which the advertisement refers and the of22 fice to which the candidate is seeking elec23 tion, the election to which the advertise24 ment refers, or the national legislative 


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1 issue to which the advertisement refers (as 

2 applicable); 

3 ‘‘(iii) in the case of a request made 

4 by, or on behalf of, a candidate, the name 

5 of the candidate, the authorized committee 

6 of the candidate, and the treasurer of such 

7 committee; and 

8 ‘‘(iv) in the case of any request not 

9 described in clause (iii), the name of the 

10 person purchasing the advertisement, the 

11 name and address of a contact person for 

12 such person, and a list of the chief execu13 tive officers or members of the executive 

14 committee or of the board of directors of 

15 such person. 

16 ‘‘(3) ONLINE PLATFORM.— 

17 ‘‘(A) IN GENERAL.—For purposes of this 

18 subsection, subject to subparagraph (B), the 

19 term ‘online platform’ means any public-facing 

20 website, web application, or digital application 

21 (including a social network, ad network, or 

22 search engine) which— 

23 ‘‘(i)(I) sells qualified political adver24 tisements; and 


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1 ‘‘(II) has 50,000,000 or more unique 

2 monthly United States visitors or users for 

3 a majority of months during the preceding 

4 12 months; or 

5 ‘‘(ii) is a third-party advertising ven6 dor that has 50,000,000 or more unique 

7 monthly United States visitors in the ag8 gregate on any advertisement space that it 

9 has sold or bought for a majority of 

10 months during the preceding 12 months, 

11 as measured by an independent digital rat12 ings service accredited by the Media Rat13 ings Council (or its successor). 

14 ‘‘(B) EXEMPTION.—Such term shall not 

15 include any online platform that is a distribu16 tion facility of any broadcasting station or 

17 newspaper, magazine, blog, publication, or peri18 odical. 

19 ‘‘(C) THIRD-PARTY ADVERTISING VENDOR

20 DEFINED.—For purposes of this subsection, the 

21 term ‘third-party advertising vendor’ includes, 

22 but is not limited to, any third-party adver23 tising vendor network, advertising agency, ad24 vertiser, or third-party advertisement serving 

25 company that buys and sells advertisement 


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1 space on behalf of unaffiliated third-party 

2 websites, search engines, digital applications, or 

3 social media sites. 

4 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

5 For purposes of this subsection, the term ‘qualified 

6 political advertisement’ means any advertisement 

7 (including search engine marketing, display adver8 tisements, video advertisements, native advertise9 ments, and sponsorships) that— 

10 ‘‘(A) is made by or on behalf of a can11 didate; or 

12 ‘‘(B) communicates a message relating to 

13 any political matter of national importance, in14 cluding— 

15 ‘‘(i) a candidate; 

16 ‘‘(ii) any election to Federal office; or 

17 ‘‘(iii) a national legislative issue of 

18 public importance. 

19 ‘‘(5) TIME TO MAINTAIN FILE.—The informa20 tion required under this subsection shall be made 

21 available as soon as possible and shall be retained by 

22 the online platform for a period of not less than 4 

23 years. 

24 ‘‘(6) SPECIAL RULE.—For purposes of this sub25 section, multiple versions of an advertisement that 


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1 contain no material differences (such as versions 

2 that differ only because they contain a recipient’s 

3 name, or differ only in size, color, font, or layout) 

4 may be treated as a single qualified political adver5 tisement. 

6 ‘‘(7) PENALTIES.—For penalties for failure by 

7 online platforms, and persons requesting to purchase 

8 a qualified political advertisement on online plat9 forms, to comply with the requirements of this sub10 section, see section 309.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of the enactment 

13 of this Act and shall take effect without regard to whether 

14 or not the Federal Election Commission has promulgated 

15 the final regulations necessary to carry out this part and 

16 the amendments made by this part by the deadline set 

17 forth in subsection (c). 

18 (c) RULEMAKING.—Not later than 120 days after the 

19 date of the enactment of this Act, the Federal Election 

20 Commission shall establish rules— 

21 (1) requiring common data formats for the 

22 record required to be maintained under section 

23 304(k) of the Federal Election Campaign Act of 

24 1971 (as added by subsection (a)) so that all online 

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1 mon, machine-readable and publicly accessible for2 mat; and 

3 (2) establishing search interface requirements 

4 relating to such record, including searches by can5 didate name, issue, purchaser, and date. 

6 (d) REPORTING.—Not later than 2 years after the 

7 date of the enactment of this Act, and biannually there8 after, the Chairman of the Federal Election Commission 

9 shall submit a report to Congress on— 

10 (1) matters relating to compliance with and the 

11 enforcement of the requirements of section 304(k) of 

12 the Federal Election Campaign Act of 1971, as 

13 added by subsection (a); 

14 (2) recommendations for any modifications to 

15 such section to assist in carrying out its purposes; 

16 and 

17 (3) identifying ways to bring transparency and 

18 accountability to political advertisements distributed 

19 online for free. 


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1 SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

2 INDEPENDENT EXPENDITURES, AND DIS3 BURSEMENTS FOR ELECTIONEERING COM4 MUNICATIONS BY FOREIGN NATIONALS IN 

5 THE FORM OF ONLINE ADVERTISING. 

6 Section 319 of the Federal Election Campaign Act 

7 of 1971 (52 U.S.C. 30121) is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(c) RESPONSIBILITIES OF BROADCAST STATIONS, 

10 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

11 ONLINE PLATFORMS.— 

12 ‘‘(1) IN GENERAL.—Each television or radio 

13 broadcast station, provider of cable or satellite tele14 vision, or online platform (as defined in section 

15 304(k)(3)) shall make reasonable efforts to ensure 

16 that communications described in section 318(a) and 

17 made available by such station, provider, or platform 

18 are not purchased by a foreign national, directly or 

19 indirectly. 

20 ‘‘(2) REGULATIONS.— Not later than 1 year 

21 after the date of the enactment of this subsection, 

22 the Commission shall promulgate regulations on 

23 what constitutes reasonable efforts under paragraph 

24 (1).’’. 


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1 SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY 

2 NOTICES IDENTIFYING SPONSORS OF POLIT3 ICAL ADVERTISEMENTS AND TO ENSURE NO4 TICES CONTINUE TO BE PRESENT WHEN AD5 VERTISEMENTS ARE SHARED. 

6 (a) IN GENERAL.—Section 304 of the Federal Elec7 tion Campaign Act of 1971 (52 U.S.C. 30104), as amend8 ed by section 3802 and section 6108(a), is amended by 

9 adding at the end the following new subsection: 

10 ‘‘(l) ENSURING DISPLAY AND SHARING OF SPONSOR

11 IDENTIFICATION IN ONLINE POLITICAL ADVERTISE12 MENTS.— 

13 ‘‘(1) REQUIREMENT.—An online platform dis14 playing a qualified political advertisement shall— 

15 ‘‘(A) display with the advertisement a visi16 ble notice identifying the sponsor of the adver17 tisement (or, if it is not practical for the plat18 form to display such a notice, a notice that the 

19 advertisement is sponsored by a person other 

20 than the platform); and 

21 ‘‘(B) ensure that the notice will continue to 

22 be displayed if a viewer of the advertisement 

23 shares the advertisement with others on that 

24 platform. 

25 ‘‘(2) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘online platform’ has the 

2 meaning given such term in subsection (k)(3); 

3 and 

4 ‘‘(B) the term ‘‘qualified political adver5 tisement’ has the meaning given such term in 

6 subsection (k)(4).’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to advertisements 

9 displayed on or after the 120–day period which begins on 

10 the date of the enactment of this Act and shall take effect 

11 without regard to whether or not the Federal Election 

12 Commission has promulgated regulations to carry out 

13 such amendments. 

14 Subtitle C—Spotlight Act 

15 SEC. 6201. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Spotlight Act’’. 

17 SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON 

18 ANNUAL RETURNS OF CERTAIN ORGANIZA19 TIONS. 

20 (a) REPEAL OF REGULATIONS.—The final regula21 tions of the Department of the Treasury relating to guid22 ance under section 6033 regarding the reporting require23 ments of exempt organizations (published at 85 Fed. Reg. 

24 31959 (May 28, 2020)) shall have no force and effect. 

25 (b) INCLUSION OF CONTRIBUTOR INFORMATION.— 


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1 (1) SOCIAL WELFARE ORGANIZATIONS.—Sec2 tion 6033(f)(1) of the Internal Revenue Code of 

3 1986 is amended by inserting ‘‘(5),’’ after ‘‘para4 graphs’’. 

5 (2) LABOR ORGANIZATIONS AND BUSINESS

6 LEAGUES.—Section 6033 of such Code is amended 

7 by redesignating subsection (o) as subsection (p) 

8 and by inserting after subsection (n) the following 

9 new subsection: 

10 ‘‘(o) ADDITIONAL REQUIREMENTS FOR ORGANIZA11 TIONS DESCRIBED IN SUBSECTIONS (c)(5) AND (c)(6) OF

12 SECTION 501.—Every organization which is described in 

13 paragraph (5) or (6) of section 501(c) and which is subject 

14 to the requirements of subsection (a) shall include on the 

15 return required under subsection (a) the information re16 ferred to in subsection (b)(5).’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply to returns required to 

19 be filed for taxable years ending after the date of the 

20 enactment of this Act. 

21 (c) MODIFICATION TO DISCRETIONARY EXCEP22 TIONS.—Section 6033(a)(3)(B) of the Internal Revenue 

23 Code of 1986 is amended to read as follows: 

24 ‘‘(B) DISCRETIONARY EXCEPTIONS.— 


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1 ‘‘(i) IN GENERAL.—Paragraph (1) 

2 shall not apply to any organization if the 

3 Secretary made a determination under this 

4 subparagraph before July 16, 2018, that 

5 such filing is not necessary to the efficient 

6 administration of the internal revenue 

7 laws. 

8 ‘‘(ii) RECOMMENDATIONS FOR OTHER

9 EXCEPTIONS.—The Secretary may rec10 ommend to Congress that Congress relieve 

11 any organization required under paragraph 

12 (1) to file an information return from fil13 ing such a return if the Secretary deter14 mines that such filing does not advance a 

15 national security, law enforcement, or tax 

16 administration purpose.’’. 

17 TITLE VII—CAMPAIGN FINANCE 

18 OVERSIGHT 

19 Subtitle A—Stopping Super PAC– 

20 Candidate Coordination 

21 SEC. 7001. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Stop Super PAC– 

23 Candidate Coordination Act’’. 


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1 SEC. 7002. CLARIFICATION OF TREATMENT OF COORDI2 NATED EXPENDITURES AS CONTRIBUTIONS 

3 TO CANDIDATES. 

4 (a) TREATMENT AS CONTRIBUTION TO CAN5 DIDATE.—Section 301(8)(A) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

7 (1) by striking ‘‘or’’ at the end of clause (i); 

8 (2) by striking the period at the end of clause 

9 (ii) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new 

11 clause: 

12 ‘‘(iii) any payment made by any person 

13 (other than a candidate, an authorized com14 mittee of a candidate, or a political committee 

15 of a political party) for a coordinated expendi16 ture (as such term is defined in section 326) 

17 which is not otherwise treated as a contribution 

18 under clause (i) or clause (ii).’’. 

19 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

20 30101 et seq.) is amended by adding at the end the fol21 lowing new section: 

22 ‘‘SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. 

23 ‘‘(a) COORDINATED EXPENDITURES.— 

24 ‘‘(1) IN GENERAL.—For purposes of section 

25 301(8)(A)(iii), the term ‘coordinated expenditure’ 

26 means— 


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1 ‘‘(A) any expenditure, or any payment for 

2 a covered communication described in sub3 section (d), which is made in cooperation, con4 sultation, or concert with, or at the request or 

5 suggestion of, a candidate, an authorized com6 mittee of a candidate, a political committee of 

7 a political party, or agents of the candidate or 

8 committee, as defined in subsection (b); or 

9 ‘‘(B) any payment for any communication 

10 which republishes, disseminates, or distributes, 

11 in whole or in part, any video or broadcast or 

12 any written, graphic, or other form of campaign 

13 material prepared by the candidate or com14 mittee or by agents of the candidate or com15 mittee (including any excerpt or use of any 

16 video from any such broadcast or written, 

17 graphic, or other form of campaign material). 

18 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

19 COMMUNICATIONS.—A payment for a communication 

20 (including a covered communication described in 

21 subsection (d)) shall not be treated as a coordinated 

22 expenditure under this subsection if— 

23 ‘‘(A) the communication appears in a news 

24 story, commentary, or editorial distributed 

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1 tion, newspaper, magazine, or other periodical 

2 publication, unless such facilities are owned or 

3 controlled by any political party, political com4 mittee, or candidate; or 

5 ‘‘(B) the communication constitutes a can6 didate debate or forum conducted pursuant to 

7 regulations adopted by the Commission pursu8 ant to section 304(f)(3)(B)(iii), or which solely 

9 promotes such a debate or forum and is made 

10 by or on behalf of the person sponsoring the de11 bate or forum. 

12 ‘‘(b) COORDINATION DESCRIBED.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, a payment is made ‘in cooperation, consulta15 tion, or concert with, or at the request or suggestion 

16 of,’ a candidate, an authorized committee of a can17 didate, a political committee of a political party, or 

18 agents of the candidate or committee, if the pay19 ment, or any communication for which the payment 

20 is made, is not made entirely independently of the 

21 candidate, committee, or agents. For purposes of the 

22 previous sentence, a payment or communication not 

23 made entirely independently of the candidate or 

24 committee includes any payment or communication 

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1 standing with, or pursuant to any communication 

2 with, the candidate, committee, or agents about the 

3 payment or communication. 

4 ‘‘(2) NO FINDING OF COORDINATION BASED

5 SOLELY ON SHARING OF INFORMATION REGARDING

6 LEGISLATIVE OR POLICY POSITION.—For purposes 

7 of this section, a payment shall not be considered to 

8 be made by a person in cooperation, consultation, or 

9 concert with, or at the request or suggestion of, a 

10 candidate or committee, solely on the grounds that 

11 the person or the person’s agent engaged in discus12 sions with the candidate or committee, or with any 

13 agent of the candidate or committee, regarding that 

14 person’s position on a legislative or policy matter 

15 (including urging the candidate or committee to 

16 adopt that person’s position), so long as there is no 

17 communication between the person and the can18 didate or committee, or any agent of the candidate 

19 or committee, regarding the candidate’s or commit20 tee’s campaign advertising, message, strategy, pol21 icy, polling, allocation of resources, fundraising, or 

22 other campaign activities. 

23 ‘‘(3) NO EFFECT ON PARTY COORDINATION

24 STANDARD.—Nothing in this section shall be con25 strued to affect the determination of coordination 


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1 between a candidate and a political committee of a 

2 political party for purposes of section 315(d). 

3 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE4 WALL.—A person shall be determined to have made 

5 a payment in cooperation, consultation, or concert 

6 with, or at the request or suggestion of, a candidate 

7 or committee, in accordance with this section with8 out regard to whether or not the person established 

9 and used a firewall or similar procedures to restrict 

10 the sharing of information between individuals who 

11 are employed by or who are serving as agents for the 

12 person making the payment. 

13 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

14 COVERED COMMUNICATIONS.— 

15 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON16 SULTATION, OR CONCERT WITH CANDIDATES.—For 

17 purposes of subsection (a)(1)(A), if the person who 

18 makes a payment for a covered communication, as 

19 defined in subsection (d), is a coordinated spender 

20 under paragraph (2) with respect to the candidate 

21 as described in subsection (d)(1), the payment for 

22 the covered communication is made in cooperation, 

23 consultation, or concert with the candidate. 

24 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

25 purposes of this subsection, the term ‘coordinated 


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1 spender’ means, with respect to a candidate or an 

2 authorized committee of a candidate, a person (other 

3 than a political committee of a political party) for 

4 which any of the following applies: 

5 ‘‘(A) During the 4-year period ending on 

6 the date on which the person makes the pay7 ment, the person was directly or indirectly 

8 formed or established by or at the request or 

9 suggestion of, or with the encouragement of, 

10 the candidate (including an individual who later 

11 becomes a candidate) or committee or agents of 

12 the candidate or committee, including with the 

13 approval of the candidate or committee or 

14 agents of the candidate or committee. 

15 ‘‘(B) The candidate or committee or any 

16 agent of the candidate or committee solicits 

17 funds, appears at a fundraising event, or en18 gages in other fundraising activity on the per19 son’s behalf during the election cycle involved, 

20 including by providing the person with names of 

21 potential donors or other lists to be used by the 

22 person in engaging in fundraising activity, re23 gardless of whether the person pays fair market 

24 value for the names or lists provided. For pur25 poses of this subparagraph, the term ‘election 


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1 cycle’ means, with respect to an election for 

2 Federal office, the period beginning on the day 

3 after the date of the most recent general elec4 tion for that office (or, if the general election 

5 resulted in a runoff election, the date of the 

6 runoff election) and ending on the date of the 

7 next general election for that office (or, if the 

8 general election resulted in a runoff election, 

9 the date of the runoff election). 

10 ‘‘(C) The person is established, directed, or 

11 managed by the candidate or committee or by 

12 any person who, during the 4-year period end13 ing on the date on which the person makes the 

14 payment, has been employed or retained as a 

15 political, campaign media, or fundraising ad16 viser or consultant for the candidate or com17 mittee or for any other entity directly or indi18 rectly controlled by the candidate or committee, 

19 or has held a formal position with the candidate 

20 or committee (including a position as an em21 ployee of the office of the candidate at any time 

22 the candidate held any Federal, State, or local 

23 public office during the 4-year period). 

24 ‘‘(D) The person has retained the profes25 sional services of any person who, during the 2- 


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1 year period ending on the date on which the 

2 person makes the payment, has provided or is 

3 providing professional services relating to the 

4 campaign to the candidate or committee, with5 out regard to whether the person providing the 

6 professional services used a firewall. For pur7 poses of this subparagraph, the term ‘profes8 sional services’ includes any services in support 

9 of the candidate’s or committee’s campaign ac10 tivities, including advertising, message, strat11 egy, policy, polling, allocation of resources, 

12 fundraising, and campaign operations, but does 

13 not include accounting or legal services. 

14 ‘‘(E) The person is established, directed, or 

15 managed by a member of the immediate family 

16 of the candidate, or the person or any officer or 

17 agent of the person has had more than inci18 dental discussions about the candidate’s cam19 paign with a member of the immediate family 

20 of the candidate. For purposes of this subpara21 graph, the term ‘immediate family’ has the 

22 meaning given such term in section 9004(e) of 

23 the Internal Revenue Code of 1986. 

24 ‘‘(d) COVERED COMMUNICATION DEFINED.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, the term ‘covered communication’ means, with 

3 respect to a candidate or an authorized committee of 

4 a candidate, a public communication (as defined in 

5 section 301(22)) which— 

6 ‘‘(A) expressly advocates the election of the 

7 candidate or the defeat of an opponent of the 

8 candidate (or contains the functional equivalent 

9 of express advocacy); 

10 ‘‘(B) promotes or supports the election of 

11 the candidate, or attacks or opposes the election 

12 of an opponent of the candidate (regardless of 

13 whether the communication expressly advocates 

14 the election or defeat of a candidate or contains 

15 the functional equivalent of express advocacy); 

16 or 

17 ‘‘(C) refers to the candidate or an oppo18 nent of the candidate but is not described in 

19 subparagraph (A) or subparagraph (B), but 

20 only if the communication is disseminated dur21 ing the applicable election period. 

22 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para23 graph (1)(C), the ‘applicable election period’ with re24 spect to a communication means— 


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1 ‘‘(A) in the case of a communication which 

2 refers to a candidate in a general, special, or 

3 runoff election, the 120-day period which ends 

4 on the date of the election; or 

5 ‘‘(B) in the case of a communication which 

6 refers to a candidate in a primary or preference 

7 election, or convention or caucus of a political 

8 party that has authority to nominate a can9 didate, the 60-day period which ends on the 

10 date of the election or convention or caucus. 

11 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN12 VOLVING CONGRESSIONAL CANDIDATES.—For pur13 poses of this subsection, a public communication 

14 shall not be considered to be a covered communica15 tion with respect to a candidate for election for an 

16 office other than the office of President or Vice 

17 President unless it is publicly disseminated or dis18 tributed in the jurisdiction of the office the can19 didate is seeking. 

20 ‘‘(e) PENALTY.— 

21 ‘‘(1) DETERMINATION OF AMOUNT.—Any per22 son who knowingly and willfully commits a violation 

23 of this Act by making a contribution which consists 

24 of a payment for a coordinated expenditure shall be 

25 fined an amount equal to the greater of— 


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1 ‘‘(A) in the case of a person who makes a 

2 contribution which consists of a payment for a 

3 coordinated expenditure in an amount exceeding 

4 the applicable contribution limit under this Act, 

5 300 percent of the amount by which the 

6 amount of the payment made by the person ex7 ceeds such applicable contribution limit; or 

8 ‘‘(B) in the case of a person who is prohib9 ited under this Act from making a contribution 

10 in any amount, 300 percent of the amount of 

11 the payment made by the person for the coordi12 nated expenditure. 

13 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di14 rector, manager, or officer of a person who is subject 

15 to a penalty under paragraph (1) shall be jointly and 

16 severally liable for any amount of such penalty that 

17 is not paid by the person prior to the expiration of 

18 the 1-year period which begins on the date the Com19 mission imposes the penalty or the 1-year period 

20 which begins on the date of the final judgment fol21 lowing any judicial review of the Commission’s ac22 tion, whichever is later.’’. 

23 (c) EFFECTIVE DATE.— 

24 (1) REPEAL OF EXISTING REGULATIONS ON CO25 ORDINATION.—Effective upon the expiration of the 


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1 90-day period which begins on the date of the enact2 ment of this Act— 

3 (A) the regulations on coordinated commu4 nications adopted by the Federal Election Com5 mission which are in effect on the date of the 

6 enactment of this Act (as set forth under the 

7 heading ‘‘Coordination’’ in subpart C of part 

8 109 of title 11, Code of Federal Regulations) 

9 are repealed; and 

10 (B) the Federal Election Commission shall 

11 promulgate new regulations on coordinated 

12 communications which reflect the amendments 

13 made by this Act. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by this section shall apply with respect to payments 

16 made on or after the expiration of the 120-day pe17 riod which begins on the date of the enactment of 

18 this Act, without regard to whether or not the Fed19 eral Election Commission has promulgated regula20 tions in accordance with paragraph (1)(B) as of the 

21 expiration of such period. 


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1 SEC. 7003. CLARIFICATION OF BAN ON FUNDRAISING FOR 

2 SUPER PACS BY FEDERAL CANDIDATES AND 

3 OFFICEHOLDERS. 

4 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

6 is amended— 

7 (1) by striking ‘‘or’’ at the end of subparagraph 

8 (A); 

9 (2) by striking the period at the end of sub10 paragraph (B) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) solicit, receive, direct, or transfer 

14 funds to or on behalf of any political committee 

15 which accepts donations or contributions that 

16 do not comply with the limitations, prohibitions, 

17 and reporting requirements of this Act (or to or 

18 on behalf of any account of a political com19 mittee which is established for the purpose of 

20 accepting such donations or contributions), or 

21 to or on behalf of any political organization 

22 under section 527 of the Internal Revenue Code 

23 of 1986 which accepts such donations or con24 tributions (other than a committee of a State or 

25 local political party or a candidate for election 

26 for State or local office).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to elections occur3 ring after January 1, 2022. 

4 Subtitle B—Restoring Integrity to 

5 America’s Elections 

6 SEC. 7101. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Restoring Integrity 

8 to America’s Elections Act’’. 

9 SEC. 7102. REVISION TO ENFORCEMENT PROCESS. 

10 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

11 DETERMINING WHETHER VIOLATIONS HAVE OC12 CURRED.— 

13 (1) REVISION OF STANDARDS.—Section 309(a) 

14 of the Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30109(a)) is amended by striking paragraphs 

16 (2) and (3) and inserting the following: 

17 ‘‘(2)(A) The general counsel, upon receiving a com18 plaint filed with the Commission under paragraph (1) or 

19 upon the basis of information ascertained by the Commis20 sion in the normal course of carrying out its supervisory 

21 responsibilities, shall make a determination as to whether 

22 or not there is reason to believe that a person has com23 mitted, or is about to commit, a violation of this Act or 

24 chapter 95 or chapter 96 of the Internal Revenue Code 

25 of 1986, and as to whether or not the Commission should 


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1 either initiate an investigation of the matter or that the 

2 complaint should be dismissed. The general counsel shall 

3 promptly provide notification to the Commission of such 

4 determination and the reasons therefore, together with 

5 any written response submitted under paragraph (1) by 

6 the person alleged to have committed the violation. Upon 

7 the expiration of the 30-day period which begins on the 

8 date the general counsel provides such notification, the 

9 general counsel’s determination shall take effect, unless 

10 during such 30-day period the Commission, by vote of a 

11 majority of the members of the Commission who are serv12 ing at the time, overrules the general counsel’s determina13 tion. If the determination by the general counsel that the 

14 Commission should investigate the matter takes effect, or 

15 if the determination by the general counsel that the com16 plaint should be dismissed is overruled as provided under 

17 the previous sentence, the general counsel shall initiate an 

18 investigation of the matter on behalf of the Commission. 

19 ‘‘(B) If the Commission initiates an investigation 

20 pursuant to subparagraph (A), the Commission, through 

21 the Chair, shall notify the subject of the investigation of 

22 the alleged violation. Such notification shall set forth the 

23 factual basis for such alleged violation. The Commission 

24 shall make an investigation of such alleged violation, which 

25 may include a field investigation or audit, in accordance 


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1 with the provisions of this section. The general counsel 

2 shall provide notification to the Commission of any intent 

3 to issue a subpoena or conduct any other form of discovery 

4 pursuant to the investigation. Upon the expiration of the 

5 15-day period which begins on the date the general counsel 

6 provides such notification, the general counsel may issue 

7 the subpoena or conduct the discovery, unless during such 

8 15-day period the Commission, by vote of a majority of 

9 the members of the Commission who are serving at the 

10 time, prohibits the general counsel from issuing the sub11 poena or conducting the discovery. 

12 ‘‘(3)(A) Upon completion of an investigation under 

13 paragraph (2), the general counsel shall make a deter14 mination as to whether or not there is probable cause to 

15 believe that a person has committed, or is about to com16 mit, a violation of this Act or chapter 95 or chapter 96 

17 of the Internal Revenue Code of 1986, and shall promptly 

18 submit such determination to the Commission, and shall 

19 include with the determination a brief stating the position 

20 of the general counsel on the legal and factual issues of 

21 the case. 

22 ‘‘(B) At the time the general counsel submits to the 

23 Commission the determination under subparagraph (A), 

24 the general counsel shall simultaneously notify the re25 spondent of such determination and the reasons therefore, 


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1 shall provide the respondent with an opportunity to submit 

2 a brief within 30 days stating the position of the respond3 ent on the legal and factual issues of the case and replying 

4 to the brief of the general counsel. The general counsel 

5 shall promptly submit such brief to the Commission upon 

6 receipt. 

7 ‘‘(C) Upon the expiration of the 30-day period which 

8 begins on the date the general counsel submits the deter9 mination to the Commission under subparagraph (A) (or, 

10 if the respondent submits a brief under subparagraph (B), 

11 upon the expiration of the 30-day period which begins on 

12 the date the general counsel submits the respondent’s brief 

13 to the Commission under such subparagraph), the general 

14 counsel’s determination shall take effect, unless during 

15 such 30-day period the Commission, by vote of a majority 

16 of the members of the Commission who are serving at the 

17 time, overrules the general counsel’s determination. If the 

18 determination by the general counsel that there is prob19 able cause to believe that a person has committed, or is 

20 about to commit, a violation of this Act or chapter 95 or 

21 chapter 96 of the Internal Revenue Code of 1986, or if 

22 the determination by the general counsel that there is not 

23 probable cause that a person has committed or is about 

24 to commit such a violation is overruled as provided under 

25 the previous sentence, for purposes of this subsection, the 


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1 Commission shall be deemed to have determined that there 

2 is probable cause that the person has committed or is 

3 about to commit such a violation.’’. 

4 (2) CONFORMING AMENDMENT RELATING TO

5 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec6 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

7 is amended— 

8 (A) in the third sentence, by striking ‘‘the 

9 Commission’’ and inserting ‘‘the general coun10 sel’’; and 

11 (B) by amending the fourth sentence to 

12 read as follows: ‘‘Not later than 15 days after 

13 receiving notice from the general counsel under 

14 the previous sentence, the person may provide 

15 the general counsel with a written response that 

16 no action should be taken against such person 

17 on the basis of the complaint.’’. 

18 (b) REVISION OF STANDARD FOR REVIEW OF DIS19 MISSAL OF COMPLAINTS.— 

20 (1) IN GENERAL.—Section 309(a)(8) of such 

21 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

22 follows: 

23 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

24 Commission dismissing a complaint filed by such party 

25 may file a petition with the United States District Court 


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1 for the District of Columbia. Any petition under this sub2 paragraph shall be filed within 60 days after the date on 

3 which the party received notice of the dismissal of the 

4 complaint. 

5 ‘‘(ii) In any proceeding under this subparagraph, the 

6 court shall determine by de novo review whether the agen7 cy’s dismissal of the complaint is contrary to law. In any 

8 matter in which the penalty for the alleged violation is 

9 greater than $50,000, the court should disregard any 

10 claim or defense by the Commission of prosecutorial dis11 cretion as a basis for dismissing the complaint. 

12 ‘‘(B)(i) Any party who has filed a complaint with the 

13 Commission and who is aggrieved by a failure of the Com14 mission, within one year after the filing of the complaint, 

15 to act on such complaint, may file a petition with the 

16 United States District Court for the District of Columbia. 

17 ‘‘(ii) In any proceeding under this subparagraph, the 

18 court shall determine by de novo review whether the agen19 cy’s failure to act on the complaint is contrary to law. 

20 ‘‘(C) In any proceeding under this paragraph the 

21 court may declare that the dismissal of the complaint or 

22 the failure to act is contrary to law, and may direct the 

23 Commission to conform with such declaration within 30 

24 days, failing which the complainant may bring, in the 


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1 name of such complainant, a civil action to remedy the 

2 violation involved in the original complaint.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) shall apply— 

5 (A) in the case of complaints which are 

6 dismissed by the Federal Election Commission, 

7 with respect to complaints which are dismissed 

8 on or after the date of the enactment of this 

9 Act; and 

10 (B) in the case of complaints upon which 

11 the Federal Election Commission failed to act, 

12 with respect to complaints which were filed on 

13 or after the date of the enactment of this Act. 

14 (c) REGULATIONS.—Not later than 180 days after 

15 the date of the enactment of this Act, the Federal Election 

16 Commission shall promulgate new regulations on the en17 forcement process under section 309 of the Federal Elec18 tion Campaign Act of 1971 (52 U.S.C. 30109) to take 

19 into account the amendments made by this section. 

20 SEC. 7103. ACTING GENERAL COUNSEL. 

21 Section 306(f)(1) of the Federal Election Campaign 

22 Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by add23 ing at the end the following new sentence: ‘‘In the event 

24 of a vacancy in the position of the General Counsel, the 

25 most senior attorney employed within the Office of the 


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1 General Counsel at the time the vacancy arises shall exer2 cise all the responsibilities of the General Counsel until 

3 the vacancy is filled.’’. 

4 SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON RE5 QUESTS FOR ADVISORY OPINIONS BY PER6 SONS OPPOSING THE REQUESTS. 

7 (a) IN GENERAL.—Section 308 of such Act (52 

8 U.S.C. 30108) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(e) To the extent that the Commission provides an 

11 opportunity for a person requesting an advisory opinion 

12 under this section (or counsel for such person) to appear 

13 before the Commission to present testimony in support of 

14 the request, and the person (or counsel) accepts such op15 portunity, the Commission shall provide a reasonable op16 portunity for an interested party who submitted written 

17 comments under subsection (d) in response to the request 

18 (or counsel for such interested party) to appear before the 

19 Commission to present testimony in response to the re20 quest.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply with respect to requests for advi23 sory opinions under section 308 of the Federal Election 

24 Campaign Act of 1971 which are made on or after the 

25 date of the enactment of this Act. 


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1 SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE 

2 PENALTY AUTHORITY. 

3 (a) EXTENSION OF AUTHORITY.—Section 

4 309(a)(4)(C)(v) of the Federal Election Campaign Act of 

5 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by strik6 ing ‘‘, and that end on or before December 31, 2023’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect on December 31, 2021. 

9 SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

10 Section 306(e) of the Federal Election Campaign Act 

11 of 1971 (52 U.S.C. 30106(e)) is amended— 

12 (1) by striking ‘‘(e) The Commission’’ and in13 serting ‘‘(e)(1) The Commission’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) Members and employees of the Commission shall 

17 be subject to limitations on ex parte communications, as 

18 provided in the regulations promulgated by the Commis19 sion regarding such communications which are in effect 

20 on the date of the enactment of this paragraph.’’. 

21 SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

22 REPRESENT FEC IN SUPREME COURT. 

23 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

24 the Federal Election Campaign Act of 1971 (52 U.S.C. 

25 30106(f)(4)) is amended by striking ‘‘any action instituted 

26 under this Act, either (A) by attorneys’’ and inserting 


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1 ‘‘any action instituted under this Act, including an action 

2 before the Supreme Court of the United States, either (A) 

3 by the General Counsel of the Commission and other at4 torneys’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 paragraph (1) shall apply with respect to actions insti7 tuted before, on, or after the date of the enactment of 

8 this Act. 

9 SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT 

10 MARKS. 

11 (a) REQUIREMENT.—Section 311(a)(1) of the Fed12 eral Election Campaign Act of 1971 (52 U.S.C. 

13 30111(a)(1)) is amended by striking the semicolon at the 

14 end and inserting the following: ‘‘, and shall ensure that 

15 all such forms (including forms in an electronic format) 

16 permit the person using the form to include an accent 

17 mark as part of the person’s identification;’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect upon the expiration of the 

20 90-day period which begins on the date of the enactment 

21 of this Act. 


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1 SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS 

2 FOR OFFENSES UNDER THE FEDERAL ELEC3 TION CAMPAIGN ACT OF 1971. 

4 (a) CIVIL OFFENSES.—Section 309(a) of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is 

6 amended by inserting after paragraph (9) the following 

7 new paragraph: 

8 ‘‘(10) No person shall be subject to a civil penalty 

9 under this subsection with respect to a violation of this 

10 Act unless a complaint is filed with the Commission with 

11 respect to the violation under paragraph (1), or the Com12 mission responds to information with respect to the viola13 tion which is ascertained in the normal course of carrying 

14 out its supervisory responsibilities under paragraph (2), 

15 not later than 10 years after the date on which the viola16 tion occurred.’’. 

17 (b) CRIMINAL OFFENSES.—Section 406(a) of such 

18 Act (52 U.S.C. 30145(a)) is amended by striking ‘‘5 

19 years’’ and inserting ‘‘10 years’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to violations occurring 

22 on or after the date of enactment of this Act. 

23 SEC. 7110. EFFECTIVE DATE; TRANSITION. 

24 (a) IN GENERAL.—Except as otherwise provided, this 

25 subtitle and the amendments made by this subtitle shall 

26 take effect and apply on the date of the enactment of this 


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1 Act, without regard to whether or not the Federal Election 

2 Commission has promulgated regulations to carry out this 

3 subtitle and the amendments made by this subtitle. 

4 (b) TRANSITION.— 

5 (1) NO EFFECT ON EXISTING CASES OR PRO6 CEEDINGS.—Nothing in this subtitle or in any 

7 amendment made by this subtitle shall affect any of 

8 the powers exercised by the Federal Election Com9 mission prior to the date of the enactment of this 

10 Act, including any investigation initiated by the 

11 Commission prior to such date or any proceeding 

12 (including any enforcement action) pending as of 

13 such date. 

14 (2) TREATMENT OF CERTAIN COMPLAINTS.—If, 

15 as of the date of the enactment of this Act, the Gen16 eral Counsel of the Federal Election Commission has 

17 not made any recommendation to the Commission 

18 under section 309(a) of the Federal Election Cam19 paign Act of 1971 (52 U.S.C. 30109) with respect 

20 to a complaint filed prior to the date of the enact21 ment of this Act, this subtitle and the amendments 

22 made by this subtitle shall apply with respect to the 

23 complaint in the same manner as this subtitle and 

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1 spect to a complaint filed on or after the date of the 

2 enactment of this Act. 

3 TITLE VIII—CITIZEN 

4 EMPOWERMENT 

5 Subtitle A—Funding to Promote 

6 Democracy 

7 PART 1—PAYMENTS AND ALLOCATIONS TO 

8 STATES 

9 SEC. 8001. STATE DEMOCRACY PROMOTION PROGRAM. 

10 (a) ESTABLISHMENT.—There is established a pro11 gram to be known as the ‘‘State Democracy Promotion 

12 Program’’ under which the Director of the Office of State 

13 Democracy Promotion shall make allocations to each State 

14 for each fiscal year to carry out democracy promotion ac15 tivities described in subsection (b). 

16 (b) DEMOCRACY PROMOTION ACTIVITIES DE17 SCRIBED.—The democracy promotion activities described 

18 in this subsection are as follows: 

19 (1) Activities to promote innovation to improve 

20 efficiency and smooth functioning in the administra21 tion of elections for Federal office and to secure the 

22 infrastructure used in the administration of such 

23 elections, including making upgrades to voting 

24 equipment and voter registration systems, securing 

25 voting locations, expanding polling places and the 


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1 availability of early and mail voting, recruiting and 

2 training nonpartisan election officials, and pro3 moting cybersecurity. 

4 (2) Activities to ensure equitable access to de5 mocracy, including the following: 

6 (A) Enabling candidates who seek office in 

7 the State to receive payments as participating 

8 candidates under title V of the Federal Election 

9 Campaign Act of 1971 (as added by subtitle 

10 B), but only if the State will enable candidates 

11 to receive such payments during an entire elec12 tion cycle. 

13 (B) Operating a Democracy Credit Pro14 gram under part 1 of subtitle B, but only if the 

15 State will operate the program during an entire 

16 election cycle. 

17 (C) Other activities to ensure equitable ac18 cess to democracy, including administering a 

19 ranked-choice voting system and carrying out 

20 Congressional redistricting through independent 

21 commissions. 

22 (3) Activities to increase access to voting in 

23 elections for Federal office by underserved commu24 nities, individuals with disabilities, racial and lan25 guage minority groups, individuals entitled to vote 


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1 by absentee ballot under the Uniformed and Over2 seas Citizens Absentee Voting Act, and voters resid3 ing in Indian lands. 

4 (c) PERMITTING STATES TO RETAIN AND RESERVE

5 ALLOCATIONS FOR FUTURE USE.—A State may retain 

6 and reserve an allocation received for a fiscal year to carry 

7 out democracy promotion activities in any subsequent fis8 cal year. 

9 (d) REQUIRING SUBMISSION AND APPROVAL OF

10 STATE PLAN.— 

11 (1) IN GENERAL.—A State shall receive an allo12 cation under the Program for a fiscal year if— 

13 (A) not later than 90 days before the first 

14 day of the fiscal year, the chief State election 

15 official of the State submits to the Director the 

16 State plan described in section 8002; and 

17 (B) not later than 45 days before the first 

18 day of the fiscal year, the Director, in consulta19 tion with the Election Assistance Commission 

20 and the Federal Election Commission as de21 scribed in paragraph (3), determines that the 

22 State plan will enable the State to carry out de23 mocracy promotion activities and approves the 

24 plan. 


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1 (2) SUBMISSION AND APPROVAL OF REVISED

2 PLAN.—If the Director does not approve the State 

3 plan as submitted by the State under paragraph (1) 

4 with respect to a fiscal year, the State shall receive 

5 a payment under the Program for the fiscal year if, 

6 at any time prior to the end of the fiscal year— 

7 (A) the chief State election official of the 

8 State submits a revised version of the State 

9 plan; and 

10 (B) the Director, in consultation with the 

11 Election Assistance Commission and the Fed12 eral Election Commission as described in para13 graph (3), determines that the revised version 

14 of the State plan will enable the State to carry 

15 out democracy promotion activities and ap16 proves the plan. 

17 (3) ELECTION ASSISTANCE COMMISSION AND

18 FEDERAL ELECTION COMMISSION CONSULTATION.— 

19 With respect to a State plan submitted under para20 graph (1) or a revised plan submitted under para21 graph (2)— 

22 (A) the Director shall, prior to making a 

23 determination on approval of the plan, consult 

24 with the Election Assistance Commission with 

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1 scribed in subsection (b)(1) and with the Fed2 eral Election Commission with respect to the 

3 proposed State activities described in subsection 

4 (b)(2)(A) and (b)(2)(B); and 

5 (B) the Election Assistance Commission 

6 and the Federal Election Commission shall sub7 mit to the Director a written assessment with 

8 respect to whether the proposed activities of the 

9 plan satisfy the requirements of this Act. 

10 (4) CONSULTATION WITH LEGISLATURE.—The 

11 chief State election official of the State shall develop 

12 the State plan submitted under paragraph (1) and 

13 the revised plan submitted under paragraph (2) in 

14 consultation with the majority party and minority 

15 party leaders of each house of the State legislature. 

16 (e) STATE REPORT ON USE OF ALLOCATIONS.—Not 

17 later than 90 days after the last day of a fiscal year for 

18 which an allocation was made to the State under the Pro19 gram, the chief State election official of the State shall 

20 submit a report to the Director describing how the State 

21 used the allocation, including a description of the democ22 racy promotion activities the State carried out with the 

23 allocation. 

24 (f) EFFECTIVE DATE.—This section shall apply with 

25 respect to fiscal year 2023 and each succeeding fiscal year. 


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1 SEC. 8002. STATE PLAN. 

2 (a) CONTENTS.—A State plan under this section with 

3 respect to a State is a plan containing each of the fol4 lowing: 

5 (1) A description of the democracy promotion 

6 activities the State will carry out with the payment 

7 made under the Program. 

8 (2) A statement of whether or not the State in9 tends to retain and reserve the payment for future 

10 democracy promotion activities. 

11 (3) A description of how the State intends to 

12 allocate funds to carry out the proposed activities, 

13 which shall include the amount the State intends to 

14 allocate to each such activity, including (if applica15 ble) a specific allocation for— 

16 (A) activities described in subsection 

17 8001(b)(1) (relating to election administration); 

18 (B) activities described in section 

19 8001(b)(2)(A) (relating to payments to partici20 pating candidates in the State under title V of 

21 the Federal Election Campaign Act of 1971); 

22 and 

23 (C) activities described in section 

24 8001(b)(2)(B) (relating to the operation of a 

25 Democracy Credit Program under part 1 of 

26 subtitle B). 


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1 (4) A description of how the State will establish 

2 the fund described in subsection (b) for purposes of 

3 administering the democracy promotion activities 

4 which the State will carry out with the payment, in5 cluding information on fund management. 

6 (5) A description of the State-based administra7 tive complaint procedures established for purposes of 

8 section 8003(b). 

9 (6) A statement regarding whether the pro10 posed activities to be funded are permitted under 

11 State law, or whether the official intends to seek 

12 legal authorization for such activities. 

13 (b) REQUIREMENTS FOR FUND.— 

14 (1) FUND DESCRIBED.—For purposes of sub15 section (a)(4), a fund described in this subsection 

16 with respect to a State is a fund which is established 

17 in the treasury of the State government, which is 

18 used in accordance with paragraph (2), and which 

19 consists of the following amounts: 

20 (A) Amounts appropriated or otherwise 

21 made available by the State for carrying out the 

22 democracy promotion activities for which the 

23 payment is made to the State under the Pro24 gram. 


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1 (B) The payment made to the State under 

2 the Program. 

3 (C) Such other amounts as may be appro4 priated under law. 

5 (D) Interest earned on deposits of the 

6 fund. 

7 (2) USE OF FUND.—Amounts in the fund shall 

8 be used by the State exclusively to carry out democ9 racy promotion activities for which the payment is 

10 made to the State under the Program. 

11 (3) TREATMENT OF STATES THAT REQUIRE

12 CHANGES TO STATE LAW.—In the case of a State 

13 that requires State legislation to establish the fund 

14 described in this subsection, the Director shall defer 

15 disbursement of the payment to such State under 

16 the Program until such time as legislation estab17 lishing the fund is enacted. 

18 SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PAR19 TICIPATION IN ELECTIONS. 

20 (a) PROHIBITING USE OF PAYMENTS.—A State may 

21 not use a payment made under the Program to carry out 

22 any activity which has the purpose or effect of diminishing 

23 the ability of any citizen of the United States to partici24 pate in the electoral process. 


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1 (b) STATE-BASED ADMINISTRATIVE COMPLAINT

2 PROCEDURES.— 

3 (1) ESTABLISHMENT.—A State receiving a pay4 ment under the Program shall establish uniform and 

5 nondiscriminatory State-based administrative com6 plaint procedures under which any person who be7 lieves that a violation of subsection (a) has occurred, 

8 is occurring, or is about to occur may file a com9 plaint. 

10 (2) NOTIFICATION TO DIRECTOR.—The State 

11 shall transmit to the Director a description of each 

12 complaint filed under the procedures, together 

13 with— 

14 (A) if the State provides a remedy with re15 spect to the complaint, a description of the rem16 edy; or 

17 (B) if the State dismisses the complaint, a 

18 statement of the reasons for the dismissal. 

19 (3) REVIEW BY DIRECTOR.— 

20 (A) REQUEST FOR REVIEW.—Any person 

21 who is dissatisfied with the final decision under 

22 a State-based administrative complaint proce23 dure under this subsection may, not later than 

24 60 days after the decision is made, file a re25 quest with the Director to review the decision. 


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1 (B) ACTION BY DIRECTOR.—Upon receiv2 ing a request under subparagraph (A), the Di3 rector shall review the decision and, in accord4 ance with such procedures as the Director may 

5 establish, including procedures to provide notice 

6 and an opportunity for a hearing, may uphold 

7 the decision or reverse the decision and provide 

8 an appropriate remedy. 

9 (4) RIGHT TO PETITION FOR REVIEW.— 

10 (A) IN GENERAL.—Any person aggrieved 

11 by an action of the Director under subpara12 graph (B) of paragraph (3) may file a petition 

13 with the United States District Court for the 

14 District of Columbia. 

15 (B) DEADLINE TO FILE PETITION.—Any 

16 petition under this subparagraph shall be filed 

17 not later than 60 days after the date of the ac18 tion taken by the Director under subparagraph 

19 (B) of paragraph (3). 

20 (C) STANDARD OF REVIEW.—In any pro21 ceeding under this paragraph, the court shall 

22 determine whether the action of the Director 

23 was arbitrary, capricious, an abuse of discre24 tion, or otherwise not in accordance with law 

25 under section 706 of title 5, United States 


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1 Code, and may direct the Office to conform 

2 with any such determination within 30 days. 

3 (c) ACTION BY ATTORNEY GENERAL FOR DECLARA4 TORY AND INJUNCTIVE RELIEF.—The Attorney General 

5 may bring a civil action against any State in an appro6 priate United States District Court for such declaratory 

7 and injunctive relief (including a temporary restraining 

8 order, a permanent or temporary injunction, or other 

9 order) as may be necessary to enforce subsection (a). 

10 SEC. 8004. AMOUNT OF STATE ALLOCATION. 

11 (a) STATE-SPECIFIC AMOUNT.—The amount of the 

12 allocation made to a State under the Program for a fiscal 

13 year shall be equal to the product of— 

14 (1) the Congressional district allocation amount 

15 (determined under subsection (b)); and 

16 (2) the number of Congressional districts in the 

17 State for the next regularly scheduled general elec18 tion for Federal office held in the State. 

19 (b) CONGRESSIONAL DISTRICT ALLOCATION

20 AMOUNT.—For purposes of subsection (a), the ‘‘Congres21 sional district allocation amount’’ with respect to a fiscal 

22 year is equal to the quotient of— 

23 (1) the aggregate amount available for alloca24 tions to States under the Program for the fiscal 


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1 year, as determined by the Director under sub2 section (c); divided by 

3 (2) the total number of Congressional districts 

4 in all States. 

5 (c) DETERMINATION OF AGGREGATE AMOUNT

6 AVAILABLE FOR ALLOCATIONS; NOTIFICATION TO

7 STATES.—Not later than 120 days before the first day 

8 of each fiscal year, the Director— 

9 (1) shall, in accordance with section 8012, de10 termine and establish the aggregate amount avail11 able for allocations to States under the Program for 

12 the fiscal year; and 

13 (2) shall notify each State of the amount of the 

14 State’s allocation under the Program for the fiscal 

15 year. 

16 (d) SOURCE OF PAYMENTS.—The amounts used to 

17 make allocations and payments under the Program shall 

18 be derived solely from the Trust Fund. 

19 SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAY20 MENTS AND ALLOCATIONS. 

21 (a) DIRECT PAYMENTS TO STATES FOR CERTAIN AC22 TIVITIES UNDER STATE PLAN.— 

23 (1) DIRECT PAYMENT.—If the approved State 

24 plan of a State includes activities for which alloca25 tions are not made under subsections (b), (c), or (d), 


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1 upon approving the State plan under section 8002, 

2 the Director shall direct the Secretary of the Treas3 ury to disburse amounts from the Trust Fund for 

4 payment to the State in the aggregate amount pro5 vided under the plan for such activities. 

6 (2) TIMING.—As soon as practicable after the 

7 Director directs the Secretary of the Treasury to 

8 disburse amounts for payment to a State under 

9 paragraph (1), the Secretary of the Treasury shall 

10 make the payment to the State under such para11 graph. 

12 (3) CONTINUING AVAILABILITY OF FUNDS

13 AFTER APPROPRIATION.—A payment made to a 

14 State under this subsection shall be available with15 out fiscal year limitation. 

16 (b) ALLOCATION TO ELECTION ASSISTANCE COMMIS17 SION FOR PAYMENTS TO STATES FOR CERTAIN ELECTION

18 ADMINISTRATION ACTIVITIES.— 

19 (1) ALLOCATION.—If the approved State plan 

20 of a State includes activities described in section 

21 8001(b)(1), upon approving the State plan under 

22 section 8002, the Director shall direct the Secretary 

23 of the Treasury to allocate to the Election Assist24 ance Commission the amount provided for such ac25 tivities under the plan. 


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1 (2) PAYMENT TO STATE.—As soon as prac2 ticable after receiving an allocation under paragraph 

3 (1) with respect to a State, the Election Assistance 

4 Commission shall make a payment to the State in 

5 the amount of the State’s allocation. 

6 (3) CONTINUING AVAILABILITY OF FUNDS

7 AFTER APPROPRIATION.—A payment made to a 

8 State by the Election Assistance Commission under 

9 this subsection shall be available without fiscal year 

10 limitation. 

11 (c) ALLOCATION TO FEDERAL ELECTION COMMIS12 SION FOR PAYMENTS TO PARTICIPATING CANDIDATES

13 FROM STATE.—If the approved State plan of a State in14 cludes activities described in section 8001(b)(2)(A), relat15 ing to payments to participating candidates in the State 

16 under title V of the Federal Election Campaign Act of 

17 1971, upon approving the State plan under section 8002, 

18 the Director shall direct the Secretary of the Treasury to 

19 allocate to the Federal Election Commission the amount 

20 provided for such activities under the plan. 

21 (d) ALLOCATION TO FEDERAL ELECTION COMMIS22 SION FOR PAYMENTS FOR DEMOCRACY CREDIT PRO23 GRAM.—If the approved State plan of a State includes ac24 tivities described in section 8001(b)(2)(B), relating to pay25 ments to the State for the operation of a Democracy CredVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 it Program under part 1 of subtitle B, upon approving 

2 the State plan under section 8002, the Director shall di3 rect the Secretary of the Treasury to allocate to the Fed4 eral Election Commission the amount provided for such 

5 activities under the plan. 

6 SEC. 8006. OFFICE OF STATE DEMOCRACY PROMOTION. 

7 (a) ESTABLISHMENT.—There is established as an 

8 independent establishment in the executive branch the Of9 fice of State Democracy Promotion. 

10 (b) DIRECTOR.— 

11 (1) IN GENERAL.—The Office shall be headed 

12 by a Director, who shall be appointed by the Presi13 dent with the advice and consent of the Senate. 

14 (2) TERM OF SERVICE.—The Director shall 

15 serve for a term of 6 years and may be reappointed 

16 to an additional term, and may continue serving as 

17 Director until a replacement is appointed. A vacancy 

18 in the position of Director shall be filled in the same 

19 manner as the original appointment. 

20 (3) COMPENSATION.—The Director shall be 

21 paid at an annual rate of pay equal to the annual 

22 rate in effect for level II of the Executive Schedule. 

23 (c) GENERAL COUNSEL AND OTHER STAFF.— 

24 (1) GENERAL COUNSEL.—The Director shall 

25 appoint a general counsel who shall be paid at an 


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1 annual rate of pay equal to the annual rate in effect 

2 for level III of the Executive Schedule. In the event 

3 of a vacancy in the position of the Director, the 

4 General Counsel shall exercise all the responsibilities 

5 of the Director until such vacancy is filled. 

6 (2) SENIOR STAFF.—The Director may appoint 

7 and fix the pay of staff designated as Senior staff, 

8 such as a Deputy Director, who may be paid at an 

9 annual rate of pay equal to the annual rate in effect 

10 for level IV of the Executive Schedule. 

11 (3) OTHER STAFF.—In addition to the General 

12 Counsel and Senior staff, the Director may appoint 

13 and fix the pay of such other staff as the Director 

14 considers necessary to carry out the duties of the 

15 Office, except that no such staff may be com16 pensated at an annual rate exceeding the daily 

17 equivalent of the annual rate of basic pay in effect 

18 for grade GS-15 of the General Schedule. 

19 (d) DUTIES.—The duties of the Office are as follows: 

20 (1) ADMINISTRATION OF PROGRAM.—The Di21 rector shall administer the Program, in consultation 

22 with the Election Assistance Commission and the 

23 Federal Election Commission, including by holding 

24 quarterly meetings of representatives from such 

25 Commissions. 


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1 (2) OVERSIGHT OF TRUST FUND.—The Direc2 tor shall oversee the operation of the Trust Fund 

3 and monitor its balances, in consultation with the 

4 Secretary of the Treasury. The Director may hold 

5 funds in reserve to cover the expenses of the Office 

6 and to preserve the solvency of the Trust Fund. 

7 (3) REPORTS.—Not later than 180 days after 

8 the date of the regularly scheduled general election 

9 for Federal office held in 2024 and each succeeding 

10 regularly scheduled general election for Federal of11 fice thereafter, the Director shall submit to the 

12 Committee on House Administration of the House of 

13 Representatives and the Committee on Rules and 

14 Administration of the Senate a report on the activi15 ties carried out under the Program and the amounts 

16 deposited into and paid from the Trust Fund during 

17 the two most recent fiscal years. 

18 (e) COVERAGE UNDER INSPECTOR GENERAL ACT OF

19 1978 FOR CONDUCTING AUDITS AND INVESTIGATIONS.— 

20 (1) IN GENERAL.—Section 8G(a)(2) of the In21 spector General Act of 1978 (5 U.S.C. App.) is 

22 amended by inserting ‘‘the Office of State Democ23 racy Promotion,’’ after ‘‘Election Assistance Com24 mission,’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect 180 days after the 

3 appointment of the Director. 

4 (f) COVERAGE UNDER HATCH ACT.—Clause (i) of 

5 section 7323(b)(2)(B) of title 5, United States Code, is 

6 amended— 

7 (1) by striking ‘‘or’’ at the end of subclause 

8 (XIII); and 

9 (2) by adding at the end the following new sub10 clause: 

11 ‘‘(XV) the Office of State Democracy Pro12 motion; or’’. 

13 (g) REGULATIONS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), not later than 270 days after the date of 

16 enactment of this Act, the Director shall promulgate 

17 such rules and regulations as the Director considers 

18 necessary and appropriate to carry out the duties of 

19 the Office under this Act and the amendments made 

20 by this Act. 

21 (2) STATE PLAN SUBMISSION AND APPROVAL

22 AND DISTRIBUTION OF FUNDS.—Not later than 90 

23 days after the date of the confirmation or appoint24 ment of the Director, the Director shall promulgate 

25 such rules and regulations as the Director considers 


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1 necessary and appropriate to carry out the require2 ments of this part and the amendments made by 

3 this part. 

4 (3) COMMENTS BY THE ELECTION ASSISTANCE

5 COMMISSION AND THE FEDERAL ELECTION COMMIS6 SION.—The Election Assistance Commission and the 

7 Federal Election Assistance shall timely submit com8 ments with respect to any proposed regulations pro9 mulgated by the Director under this subsection. 

10 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated from the Trust Fund 

12 such sums as may be necessary to carry out the activities 

13 of the Office for fiscal year 2023 and each succeeding fis14 cal year. 

15 PART 2—STATE ELECTION ASSISTANCE AND 

16 INNOVATION TRUST FUND 

17 SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION 

18 TRUST FUND. 

19 (a) ESTABLISHMENT.—There is established in the 

20 Treasury a fund to be known as the ‘‘State Election As21 sistance and Innovation Trust Fund’’. 

22 (b) CONTENTS.—The Trust Fund shall consist solely 

23 of— 

24 (1) amounts transferred under section 3015 of 

25 title 18, United States Code, section 9706 of title 


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1 31, United States Code, and section 6761 of the In2 ternal Revenue Code of 1986 (as added by section 

3 8013); 

4 (2) amounts transferred under section 9006(d) 

5 of the Internal Revenue Code of 1986 (as added by 

6 section 8014); and 

7 (3) gifts or bequests deposited pursuant to sub8 section (d). 

9 (c) USE OF FUNDS.—Amounts in the Trust Fund 

10 shall be used to make payments and allocations under the 

11 Program (as described in section 8012(a)) and to carry 

12 out the activities of the Office. 

13 (d) ACCEPTANCE OF GIFTS.—The Office may accept 

14 gifts or bequests for deposit into the Trust Fund. 

15 (e) NO TAXPAYER FUNDS PERMITTED.—No tax16 payer funds may be deposited into the Trust Fund. 

17 (f) EFFECTIVE DATE.—This section shall take effect 

18 on the date of the enactment of this subtitle. 

19 SEC. 8012. USES OF FUND. 

20 (a) PAYMENTS AND ALLOCATIONS DESCRIBED.—For 

21 each fiscal year, amounts in the Fund shall be used as 

22 follows: 

23 (1) Payments to States under the Program, as 

24 described in section 8005(a). 


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1 (2) Allocations to the Election Assistance Com2 mission, to be used for payments for certain election 

3 administration activities, as described in section 

4 8005(b). 

5 (3) Allocations to the Federal Election Commis6 sion, to be used for payments to participating can7 didates under title V of the Federal Election Cam8 paign Act of 1971, as described in section 8005(c). 

9 (4) Allocations to the Federal Election Commis10 sion, to be used for payments to States operating a 

11 Democracy Credit Program under part 1 of subtitle 

12 B, as described in section 8005(d). 

13 (b) DETERMINATION OF AGGREGATE AMOUNT OF

14 STATE ALLOCATIONS.—The Director, in consultation with 

15 the Election Assistance Commission and the Federal Elec16 tion Commission, shall determine and establish the aggre17 gate amount of State allocations for each fiscal year, tak18 ing into account the anticipated balances of the Trust 

19 Fund. 

20 SEC. 8013. ASSESSMENTS AGAINST FINES AND PENALTIES. 

21 (a) ASSESSMENTS RELATING TO CRIMINAL OF22 FENSES.— 

23 (1) IN GENERAL.—Chapter 201 of title 18, 

24 United States Code, is amended by adding at the 

25 end the following new section: 


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1 ‘‘§ 3015. Special assessments for State Election Assist2 ance and Innovation Trust Fund 

3 ‘‘(a) ASSESSMENTS.— 

4 ‘‘(1) CONVICTIONS OF CRIMES.—In addition to 

5 any assessment imposed under this chapter, the 

6 court shall assess on any organizational defendant or 

7 any defendant who is a corporate officer or person 

8 with equivalent authority in any other organization 

9 who is convicted of a criminal offense under Federal 

10 law an amount equal to 4.75 percent of any fine im11 posed on that defendant in the sentence imposed for 

12 that conviction. 

13 ‘‘(2) SETTLEMENTS.—The court shall assess on 

14 any organizational defendant or defendant who is a 

15 corporate officer or person with equivalent authority 

16 in any other organization who has entered into a 

17 settlement agreement or consent decree with the 

18 United States in satisfaction of any allegation that 

19 the defendant committed a criminal offense under 

20 Federal law an amount equal to 4.75 percent of the 

21 amount of the settlement. 

22 ‘‘(b) MANNER OF COLLECTION.—An amount as23 sessed under subsection (a) shall be collected in the man24 ner in which fines are collected in criminal cases. 

25 ‘‘(c) TRANSFERS.—In a manner consistent with sec26 tion 3302(b) of title 31, there shall be transferred from 


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1 the General Fund of the Treasury to the State Election 

2 Assistance and Innovation Trust Fund under section 8011 

3 of the Freedom to Vote Act an amount equal to the 

4 amount of the assessments collected under this section.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions of chapter 201 of title 18, United States Code, 

7 is amended by adding at the end the following: 

‘‘3015. Special assessments for State Election Assistance and Innovation Trust 

Fund.’’. 

8 (b) ASSESSMENTS RELATING TO CIVIL PEN9 ALTIES.— 

10 (1) IN GENERAL.—Chapter 97 of title 31, 

11 United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘§ 9706. Special assessments for State Election Assist14 ance and Innovation Trust Fund 

15 ‘‘(a) ASSESSMENTS.— 

16 ‘‘(1) CIVIL PENALTIES.—Any entity of the Fed17 eral Government which is authorized under any law, 

18 rule, or regulation to impose a civil penalty shall as19 sess on each person, other than a natural person 

20 who is not a corporate officer or person with equiva21 lent authority in any other organization, on whom 

22 such a penalty is imposed an amount equal to 4.75 

23 percent of the amount of the penalty. 


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1 ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity 

2 of the Federal Government which is authorized 

3 under any law, rule, or regulation to impose an ad4 ministrative penalty shall assess on each person, 

5 other than a natural person who is not a corporate 

6 officer or person with equivalent authority in any 

7 other organization, on whom such a penalty is im8 posed an amount equal to 4.75 percent of the 

9 amount of the penalty. 

10 ‘‘(3) SETTLEMENTS.—Any entity of the Federal 

11 Government which is authorized under any law, rule, 

12 or regulation to enter into a settlement agreement or 

13 consent decree with any person, other than a natural 

14 person who is not a corporate officer or person with 

15 equivalent authority in any other organization, in 

16 satisfaction of any allegation of an action or omis17 sion by the person which would be subject to a civil 

18 penalty or administrative penalty shall assess on 

19 such person an amount equal to 4.75 percent of the 

20 amount of the settlement. 

21 ‘‘(b) MANNER OF COLLECTION.—An amount as22 sessed under subsection (a) shall be collected— 

23 ‘‘(1) in the case of an amount assessed under 

24 paragraph (1) of such subsection, in the manner in 


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1 which civil penalties are collected by the entity of the 

2 Federal Government involved; 

3 ‘‘(2) in the case of an amount assessed under 

4 paragraph (2) of such subsection, in the manner in 

5 which administrative penalties are collected by the 

6 entity of the Federal Government involved; and 

7 ‘‘(3) in the case of an amount assessed under 

8 paragraph (3) of such subsection, in the manner in 

9 which amounts are collected pursuant to settlement 

10 agreements or consent decrees entered into by the 

11 entity of the Federal Government involved. 

12 ‘‘(c) TRANSFERS.—In a manner consistent with sec13 tion 3302(b) of this title, there shall be transferred from 

14 the General Fund of the Treasury to the State Election 

15 Assistance and Innovation Trust Fund under section 8011 

16 of the Freedom to Vote Act an amount equal to the 

17 amount of the assessments collected under this section. 

18 ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE19 MENTS UNDER AUTHORITY OF THE INTERNAL REVENUE

20 CODE OF 1986.— 

21 ‘‘(1) IN GENERAL.—No assessment shall be 

22 made under subsection (a) with respect to any civil 

23 or administrative penalty imposed, or any settlement 

24 agreement or consent decree entered into, under the 

25 authority of the Internal Revenue Code of 1986. 


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1 ‘‘(2) CROSS REFERENCE.—For application of 

2 special assessments for the State Election Assistance 

3 and Innovation Trust Fund with respect to certain 

4 penalties under the Internal Revenue Code of 1986, 

5 see section 6761 of the Internal Revenue Code of 

6 1986.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions of chapter 97 of title 31, United States Code, 

9 is amended by adding at the end the following: 

‘‘9706. Special assessments for State Election Assistance and Innovation Trust 

Fund.’’. 

10 (c) ASSESSMENTS RELATING TO CERTAIN PEN11 ALTIES UNDER THE INTERNAL REVENUE CODE OF

12 1986.— 

13 (1) IN GENERAL.—Chapter 68 of the Internal 

14 Revenue Code of 1986 is amended by adding at the 

15 end the following new subchapter: 

16 ‘‘Subchapter D—Special Assessments for 

17 State Election Assistance and Innovation 

18 Trust Fund 

19 ‘‘SEC. 6761. SPECIAL ASSESSMENTS FOR STATE ELECTION 

20 ASSISTANCE AND INNOVATION TRUST FUND. 

21 ‘‘(a) IN GENERAL.—Each person required to pay a 

22 covered penalty shall pay an additional amount equal to 

23 4.75 percent of the amount of such penalty. 


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1 ‘‘(b) COVERED PENALTY.—For purposes of this sec2 tion, the term ‘covered penalty’ means any addition to tax, 

3 additional amount, penalty, or other liability provided 

4 under subchapter A or B. 

5 ‘‘(c) EXCEPTION FOR CERTAIN INDIVIDUALS.— 

6 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

7 who is an individual, subsection (a) shall not apply 

8 to any covered penalty if such taxpayer is an exempt 

9 taxpayer for the taxable year for which such covered 

10 penalty is assessed. 

11 ‘‘(2) EXEMPT TAXPAYER.—For purposes of this 

12 subsection, a taxpayer is an exempt taxpayer for any 

13 taxable year if the taxable income of such taxpayer 

14 for such taxable year does not exceed the dollar 

15 amount at which begins the highest rate bracket in 

16 effect under section 1 with respect to such taxpayer 

17 for such taxable year. 

18 ‘‘(d) APPLICATION OF CERTAIN RULES.—Except as 

19 provided in subsection (e), the additional amount deter20 mined under subsection (a) shall be treated for purposes 

21 of this title in the same manner as the covered penalty 

22 to which such additional amount relates. 

23 ‘‘(e) TRANSFER TO STATE ELECTION ADMINISTRA24 TION AND INNOVATION TRUST FUND.—The Secretary 

25 shall deposit any additional amount under subsection (a) 


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1 in the General Fund of the Treasury and shall transfer 

2 from such General Fund to the State Election Assistance 

3 and Innovation Trust Fund under section 8011 of the 

4 Freedom to Vote Act an amount equal to the amounts 

5 so deposited (and, notwithstanding subsection (d), such 

6 additional amount shall not be the basis for any deposit, 

7 transfer, credit, appropriation, or any other payment, to 

8 any other trust fund or account). Rules similar to the rules 

9 of section 9601 shall apply for purposes of this sub10 section.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sub12 chapters for chapter 68 of such Code is amended by 

13 adding at the end the following new item: 

‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR STATE ELECTION ASSISTANCE

AND INNOVATION TRUST FUND’’. 

14 (d) EFFECTIVE DATES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this section 

17 shall apply with respect to convictions, agreements, 

18 and penalties which occur on or after the date of the 

19 enactment of this Act. 

20 (2) ASSESSMENTS RELATING TO CERTAIN PEN21 ALTIES UNDER THE INTERNAL REVENUE CODE OF

22 1986.—The amendments made by subsection (c) 

23 shall apply to covered penalties assessed after the 

24 date of the enactment of this Act. 


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1 SEC. 8014. TRANSFER OF BALANCE OF PRESIDENTIAL 

2 ELECTION CAMPAIGN FUND. 

3 Section 9006 of the Internal Revenue Code of 1986 

4 is amended by adding at the end the following new sub5 section: 

6 ‘‘(d) TRANSFER OF BALANCE TO STATE ELECTION

7 ASSISTANCE AND INNOVATION TRUST FUND.—Effective 

8 December 31, 2021, the Secretary shall transfer from the 

9 fund to the State Election Assistance and Innovation 

10 Trust Fund under section 8011 of the Freedom to Vote 

11 Act an amount equal to the balance of the fund as of such 

12 date, reduced by the amount of any payments required 

13 to be made from the fund under section 9008(i).’’. 

14 PART 3—GENERAL PROVISIONS 

15 SEC. 8021. DEFINITIONS. 

16 In this subtitle, the following definitions apply: 

17 (1) The term ‘‘chief State election official’’ has 

18 the meaning given such term in section 253(e) of the 

19 Help America Vote Act of 2002 (52 U.S.C. 

20 21003(e)). 

21 (2) The term ‘‘Director’’ means the Director of 

22 the Office. 

23 (3) The term ‘‘election cycle’’ means the period 

24 beginning on the day after the date of the most re25 cent regularly scheduled general election for Federal 


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1 office and ending on the date of the next regularly 

2 scheduled general election for Federal office. 

3 (4) The term ‘‘Indian lands’’ includes— 

4 (A) Indian country, as defined under sec5 tion 1151 of title 18, United States Code; 

6 (B) any land in Alaska owned, pursuant to 

7 the Alaska Native Claims Settlement Act (43 

8 U.S.C. 1601 et seq.), by an Indian Tribe that 

9 is a Native village (as defined in section 3 of 

10 that Act (43 U.S.C. 1602)) or by a Village Cor11 poration that is associated with an Indian Tribe 

12 (as defined in section 3 of that Act (43 U.S.C. 

13 1602)); 

14 (C) any land on which the seat of the Trib15 al government is located; and 

16 (D) any land that is part or all of a Tribal 

17 designated statistical area associated with an 

18 Indian Tribe, or is part or all of an Alaska Na19 tive village statistical area associated with an 

20 Indian Tribe, as defined by the Census Bureau 

21 for the purposes of the most recent decennial 

22 census. 

23 (5) The term ‘‘Office’’ means the Office of 

24 State Democracy Promotion established under sec25 tion 8005. 


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1 (6) The term ‘‘Program’’ means the State De2 mocracy Promotion Program established under sec3 tion 8001. 

4 (7) The term ‘‘State’’ means each of the several 

5 States, the District of Columbia, the Commonwealth 

6 of Puerto Rico, Guam, American Samoa, the United 

7 States Virgin Islands, and the Commonwealth of the 

8 Northern Mariana Islands. 

9 (8) The term ‘‘Trust Fund’’ means the State 

10 Election Assistance and Innovation Trust Fund es11 tablished under section 8011. 

12 SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULA13 TION OF DEADLINES. 

14 (a) IN GENERAL.—With respect to the calculation of 

15 any period of time for the purposes of a deadline in this 

16 subtitle, the last day of the period shall be included in 

17 such calculation, unless such day is a Saturday, a Sunday, 

18 or a legal public holiday, in which case the period of such 

19 deadline shall be extended until the end of the next day 

20 which is not a Saturday, a Sunday, a legal public holiday. 

21 (b) LEGAL PUBLIC HOLIDAY DEFINED.—For the 

22 purposes of this section, the term ‘‘legal public holiday’’ 

23 means a day described in section 6103(a) of title 5, United 

24 States Code. 


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1 Subtitle B—Elections for House of 

2 Representatives 

3 SEC. 8101. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Government By 

5 the People Act of 2021’’. 

6 PART 1—OPTIONAL DEMOCRACY CREDIT 

7 PROGRAM 

8 SEC. 8102. ESTABLISHMENT OF PROGRAM. 

9 (a) ESTABLISHMENT.—The Federal Election Com10 mission (hereafter in this part referred to as the ‘‘Commis11 sion’’) shall establish a program under which the Commis12 sion shall make payments to States to operate a credit 

13 program which is described in section 8103 during an elec14 tion cycle. 

15 (b) REQUIREMENTS FOR PROGRAM.—A State is eligi16 ble to operate a credit program under this part with re17 spect to an election cycle if, not later than 180 days before 

18 the cycle begins, the State submits to the Commission a 

19 statement containing— 

20 (1) information and assurances that the State 

21 will operate a credit program which contains the ele22 ments described in section 8103(a); 

23 (2) information and assurances that the State 

24 will establish fraud prevention mechanisms described 

25 in section 8103(b); 


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1 (3) information and assurances that the State 

2 will establish a commission to oversee and implement 

3 the program as described in section 8103(c); 

4 (4) information and assurances that the State 

5 will carry out a public information campaign as de6 scribed in section 8103(d); 

7 (5) information and assurances that the State 

8 will submit reports as required under section 8104; 

9 (6) information and assurances that, not later 

10 than 90 days before the beginning of the cycle, the 

11 State will complete any actions necessary to operate 

12 the program during the cycle; and 

13 (7) such other information and assurances as 

14 the Commission may require. 

15 (c) REIMBURSEMENT OF COSTS.— 

16 (1) REIMBURSEMENT.—Upon receiving the re17 port submitted by a State under section 8104(a) 

18 with respect to an election cycle, the Commission 

19 shall transmit a payment to the State in an amount 

20 equal to the reasonable costs incurred by the State 

21 in operating the credit program under this part dur22 ing the cycle. 

23 (2) SOURCE OF FUNDS.—Payments to a State 

24 under the program shall be made using amounts al25 located to the Commission for purposes of making 


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1 payments under this part with respect to the State 

2 from the State Election Assistance and Innovation 

3 Trust Fund (hereafter referred to as the ‘‘Fund’’) 

4 under section 8012, in the amount allocated with re5 spect to the State under section 8005(d). 

6 (3) MANDATORY REDUCTION OF PAYMENTS IN

7 CASE OF INSUFFICIENT ALLOCATIONS.— 

8 (A) ADVANCE AUDITS BY COMMISSION.— 

9 Not later than 90 days before the first day of 

10 each program operation period, the Commis11 sion, in consultation with the Director of the 

12 Office of State Democracy Promotion, shall— 

13 (i) audit the Fund to determine 

14 whether, after first making payments to 

15 States under section 8005(a), then making 

16 allocations to the Election Assistance Com17 mission under section 8005(b), and then 

18 making allocations to the Commission 

19 under section 8005(c), the amount allo20 cated to the State for making payments 

21 under this part will be sufficient to make 

22 payments to the State in the amounts pro23 vided under this subsection; and 

24 (ii) submit a report to Congress de25 scribing the results of the audit. 


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1 (B) REDUCTIONS IN AMOUNT OF PAY2 MENTS.— 

3 (i) AUTOMATIC REDUCTION ON PRO

4 RATA BASIS.—If, on the basis of the audit 

5 described in subparagraph (A), the Com6 mission determines that the amount allo7 cated to the State for making payments 

8 under this part is not, or may not be, suf9 ficient to make payments to the State 

10 under this part in the full amount provided 

11 under this subsection with respect to an 

12 election cycle, the Commission shall reduce 

13 each amount which would otherwise be 

14 paid to a State under this subsection by 

15 such pro rata amount as may be necessary 

16 to ensure that the aggregate amount of 

17 payments anticipated to be made with re18 spect to the cycle will not exceed the 

19 amount allocated to the State for making 

20 payments under this part with respect to 

21 such cycle. 

22 (ii) RESTORATION OF REDUCTIONS IN

23 CASE OF AVAILABILITY OF SUFFICIENT

24 FUNDS DURING ELECTION CYCLE.—If, 

25 after reducing the amount paid to a State 


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1 with respect to an election cycle under 

2 clause (i), the Commission determines that 

3 the amount allocated to the State for mak4 ing payments under this part is sufficient 

5 to restore the amount by which such pay6 ments were reduced (or any portion there7 of), to the extent that such amounts are 

8 available, the Commission may make a 

9 payment to the State with respect to the 

10 cycle in the amount by which such State’s 

11 payments were reduced under clause (i) (or 

12 any portion thereof, as the case may be). 

13 (iii) NO USE OF AMOUNTS FROM

14 OTHER SOURCES.—In any case in which 

15 the Commission determines that the 

16 amount allocated to the State for making 

17 payments under this part is insufficient to 

18 make payments to the State under this 

19 part, moneys shall not be made available 

20 from any other source for the purpose of 

21 making such payments. 

22 (4) CAP ON AMOUNT OF PAYMENT.—The aggre23 gate amount of payments made to any State with re24 spect to two consecutive election cycles period may 

25 not exceed $10,000,000. If the State determines 


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1 that the maximum payment amount under this para2 graph with respect to such cycles is not, or may not 

3 be, sufficient to cover the reasonable costs incurred 

4 by the State in operating the program under this 

5 part for such cycles, the State shall reduce the 

6 amount of the credit provided to each qualified indi7 vidual by such pro rata amount as may be necessary 

8 to ensure that the reasonable costs incurred by the 

9 State in operating the program will not exceed the 

10 amount paid to the State with respect to such cycles. 

11 (d) CONTINUING AVAILABILITY OF FUNDS AFTER

12 APPROPRIATION.—A payment made to a State under this 

13 part shall be available without fiscal year limitation. 

14 SEC. 8103. CREDIT PROGRAM DESCRIBED. 

15 (a) GENERAL ELEMENTS OF PROGRAM.— 

16 (1) ELEMENTS DESCRIBED.—The elements of a 

17 credit program operated by a State under this part 

18 are as follows: 

19 (A) The State shall provide each qualified 

20 individual upon the individual’s request with a 

21 credit worth $25 to be known as a ‘‘Democracy 

22 Credit’’ during the election cycle which will be 

23 assigned a routing number and which at the op24 tion of the individual will be provided in either 

25 paper or electronic form. 


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1 (B) Using the routing number assigned to 

2 the Democracy Credit, the individual may sub3 mit the Democracy Credit in either electronic or 

4 paper form to qualified candidates for election 

5 for the office of Representative in, or Delegate 

6 or Resident Commissioner to, the Congress and 

7 allocate such portion of the value of the Democ8 racy Credit in increments of $5 as the indi9 vidual may select to any such candidate. 

10 (C) If the candidate transmits the Democ11 racy Credit to the Commission, the Commission 

12 shall pay the candidate the portion of the value 

13 of the Democracy Credit that the individual al14 located to the candidate, which shall be consid15 ered a contribution by the individual to the can16 didate for purposes of the Federal Election 

17 Campaign Act of 1971. 

18 (2) DESIGNATION OF QUALIFIED INDIVID19 UALS.—For purposes of paragraph (1)(A), a ‘‘quali20 fied individual’’ with respect to a State means an in21 dividual— 

22 (A) who is a resident of the State; 

23 (B) who will be of voting age as of the 

24 date of the election for the candidate to whom 

25 the individual submits a Democracy Credit; and 


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1 (C) who is not prohibited under Federal 

2 law from making contributions to candidates 

3 for election for Federal office. 

4 (3) TREATMENT AS CONTRIBUTION TO CAN5 DIDATE.—For purposes of the Federal Election 

6 Campaign Act of 1971, the submission of a Democ7 racy Credit to a candidate by an individual shall be 

8 treated as a contribution to the candidate by the in9 dividual in the amount of the portion of the value 

10 of the Credit that the individual allocated to the can11 didate. 

12 (b) FRAUD PREVENTION MECHANISM.—In addition 

13 to the elements described in subsection (a), a State oper14 ating a credit program under this part shall permit an 

15 individual to revoke a Democracy Credit not later than 

16 2 days after submitting the Democracy Credit to a can17 didate. 

18 (c) OVERSIGHT COMMISSION.—In addition to the ele19 ments described in subsection (a), a State operating a 

20 credit program under this part shall establish a commis21 sion or designate an existing entity to oversee and imple22 ment the program in the State, except that no such com23 mission or entity may be comprised of elected officials. 

24 (d) PUBLIC INFORMATION CAMPAIGN.—In addition 

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1 ating a credit program under this part shall carry out a 

2 public information campaign to disseminate awareness of 

3 the program among qualified individuals. 

4 (e) NO TAXPAYER FUNDS PERMITTED TO CARRY

5 OUT PROGRAM.—No taxpayer funds shall be used to carry 

6 out the credit program under this part. 

7 SEC. 8104. REPORTS. 

8 (a) STATE REPORTS.—Not later than 6 months after 

9 each first election cycle during which the State operates 

10 a program under this part, the State shall submit a report 

11 to the Commission analyzing the operation and effective12 ness of the program during the cycle and including such 

13 other information as the Commission may require. 

14 (b) STUDY AND REPORT ON IMPACT AND EFFEC15 TIVENESS OF CREDIT PROGRAMS.— 

16 (1) STUDY.—The Federal Election Commission 

17 shall conduct a study on the efficacy of political 

18 credit programs, including the program under this 

19 part and other similar programs, in expanding and 

20 diversifying the pool of individuals who participate in 

21 the electoral process, including those who participate 

22 as donors and those who participate as candidates. 

23 (2) REPORT.—Not later than 1 year after the 

24 first election cycle for which States operate the pro25 gram under this part, the Commission shall publish 


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1 and submit to Congress a report on the study con2 ducted under paragraph (1). 

3 SEC. 8105. ELECTION CYCLE DEFINED. 

4 In this part, the term ‘‘election cycle’’ means the pe5 riod beginning on the day after the date of the most recent 

6 regularly scheduled general election for Federal office and 

7 ending on the date of the next regularly scheduled general 

8 election for Federal office. 

9 PART 2—OPTIONAL SMALL DOLLAR FINANCING 

10 OF ELECTIONS FOR HOUSE OF REPRESENTA11 TIVES 

12 SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS 

13 FOR CANDIDATES. 

14 The Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30101 et seq.) is amended by adding at the end 

16 the following: 

17 ‘‘TITLE V—SMALL DOLLAR FI18 NANCING OF ELECTIONS FOR 

19 HOUSE OF REPRESENTA20 TIVES 

21 ‘‘Subtitle A—Benefits 

22 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

23 ‘‘(a) IN GENERAL.—If a candidate for election to the 

24 office of Representative in, or Delegate or Resident Com25 missioner to, the Congress is certified as a participating 


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1 candidate under this title with respect to an election for 

2 such office, the candidate shall be entitled to payments 

3 as provided under this title. 

4 ‘‘(b) AMOUNT OF PAYMENT.—The amount of a pay5 ment made under this title shall be equal to 600 percent 

6 of the amount of qualified small dollar contributions re7 ceived by the candidate since the most recent payment 

8 made to the candidate under this title during the election 

9 cycle, without regard to whether or not the candidate re10 ceived any of the contributions before, during, or after the 

11 Small Dollar Democracy qualifying period applicable to 

12 the candidate under section 511(c). 

13 ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAY14 MENTS.—The aggregate amount of payments made to a 

15 participating candidate with respect to an election cycle 

16 under this title may not exceed 50 percent of the average 

17 of the 20 greatest amounts of disbursements made by the 

18 authorized committees of any winning candidate for the 

19 office of Representative in, or Delegate or Resident Com20 missioner to, the Congress during the most recent election 

21 cycle, rounded to the nearest $100,000. 

22 ‘‘(d) NO TAXPAYER FUNDS PERMITTED.—No tax23 payer funds shall be used to make payments under this 

24 title. 


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1 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

2 ‘‘(a) IN GENERAL.—The Commission shall make a 

3 payment under section 501 to a candidate who is certified 

4 as a participating candidate upon receipt from the can5 didate of a request for a payment which includes— 

6 ‘‘(1) a statement of the number and amount of 

7 qualified small dollar contributions received by the 

8 candidate since the most recent payment made to 

9 the candidate under this title during the election 

10 cycle; 

11 ‘‘(2) a statement of the amount of the payment 

12 the candidate anticipates receiving with respect to 

13 the request; 

14 ‘‘(3) a statement of the total amount of pay15 ments the candidate has received under this title as 

16 of the date of the statement; and 

17 ‘‘(4) such other information and assurances as 

18 the Commission may require. 

19 ‘‘(b) RESTRICTIONS ON SUBMISSION OF RE20 QUESTS.—A candidate may not submit a request under 

21 subsection (a) unless each of the following applies: 

22 ‘‘(1) The amount of the qualified small dollar 

23 contributions in the statement referred to in sub24 section (a)(1) is equal to or greater than $5,000, un25 less the request is submitted during the 30-day pe26 riod which ends on the date of a general election. 


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1 ‘‘(2) The candidate did not receive a payment 

2 under this title during the 7-day period which ends 

3 on the date the candidate submits the request. 

4 ‘‘(c) TIME OF PAYMENT.—The Commission shall, in 

5 coordination with the Secretary of the Treasury, take such 

6 steps as may be necessary to ensure that the Secretary 

7 is able to make payments under this section from the 

8 Treasury not later than 2 business days after the receipt 

9 of a request submitted under subsection (a). 

10 ‘‘SEC. 503. USE OF FUNDS. 

11 ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN

12 EXPENDITURES.—A candidate shall use payments made 

13 under this title, including payments provided with respect 

14 to a previous election cycle which are withheld from remit15 tance to the Commission in accordance with section 

16 524(a)(2), only for making direct payments for the receipt 

17 of goods and services which constitute authorized expendi18 tures (as determined in accordance with title III) in con19 nection with the election cycle involved. 

20 ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EX21 PENSES, FINES, OR PENALTIES.—Notwithstanding title 

22 III, a candidate may not use payments made under this 

23 title for the payment of expenses incurred in connection 

24 with any action, claim, or other matter before the Commis25 sion or before any court, hearing officer, arbitrator, or 


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1 other dispute resolution entity, or for the payment of any 

2 fine or civil monetary penalty. 

3 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE4 SCRIBED. 

5 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

6 small dollar contribution’ means, with respect to a can7 didate and the authorized committees of a candidate, a 

8 contribution that meets the following requirements: 

9 ‘‘(1) The contribution is in an amount that is— 

10 ‘‘(A) not less than $1; and 

11 ‘‘(B) not more than $200. 

12 ‘‘(2)(A) The contribution is made directly by an 

13 individual to the candidate or an authorized com14 mittee of the candidate and is not— 

15 ‘‘(i) forwarded from the individual making 

16 the contribution to the candidate or committee 

17 by another person; or 

18 ‘‘(ii) received by the candidate or com19 mittee with the knowledge that the contribution 

20 was made at the request, suggestion, or rec21 ommendation of another person. 

22 ‘‘(B) In this paragraph— 

23 ‘‘(i) the term ‘person’ does not include an 

24 individual (other than an individual described in 

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1 paign Act of 1971), a political committee of a 

2 political party, or any political committee which 

3 is not a separate segregated fund described in 

4 section 316(b) of the Federal Election Cam5 paign Act of 1971 and which does not make 

6 contributions or independent expenditures, does 

7 not engage in lobbying activity under the Lob8 bying Disclosure Act of 1995 (2 U.S.C. 1601 et 

9 seq.), and is not established by, controlled by, 

10 or affiliated with a registered lobbyist under 

11 such Act, an agent of a registered lobbyist 

12 under such Act, or an organization which re13 tains or employs a registered lobbyist under 

14 such Act; and 

15 ‘‘(ii) a contribution is not ‘made at the re16 quest, suggestion, or recommendation of an17 other person’ solely on the grounds that the 

18 contribution is made in response to information 

19 provided to the individual making the contribu20 tion by any person, so long as the candidate or 

21 authorized committee does not know the iden22 tity of the person who provided the information 

23 to such individual. 

24 ‘‘(3) The individual who makes the contribution 

25 does not make contributions to the candidate or the 


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1 authorized committees of the candidate with respect 

2 to the election involved in an aggregate amount that 

3 exceeds the amount described in paragraph (1)(B), 

4 or any contribution to the candidate or the author5 ized committees of the candidate with respect to the 

6 election involved that otherwise is not a qualified 

7 small dollar contribution. 

8 ‘‘(b) TREATMENT OF DEMOCRACY CREDITS.—Any 

9 payment received by a candidate and the authorized com10 mittees of a candidate which consists of a Democracy 

11 Credit under the Government By the People Act of 2021 

12 shall be considered a qualified small dollar contribution 

13 for purposes of this title, so long as the individual making 

14 the payment meets the requirements of paragraphs (2) 

15 and (3) of subsection (a). 

16 ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU17 TIONS.— 

18 ‘‘(1) PROHIBITING DONOR FROM MAKING SUB19 SEQUENT NONQUALIFIED CONTRIBUTIONS DURING

20 ELECTION CYCLE.— 

21 ‘‘(A) IN GENERAL.—An individual who 

22 makes a qualified small dollar contribution to a 

23 candidate or the authorized committees of a 

24 candidate with respect to an election may not 

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1 didate or the authorized committees of such 

2 candidate with respect to the election cycle 

3 which is not a qualified small dollar contribu4 tion. 

5 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

6 CANDIDATES WHO VOLUNTARILY WITHDRAW

7 FROM PARTICIPATION DURING QUALIFYING PE8 RIOD.—Subparagraph (A) does not apply with 

9 respect to a contribution made to a candidate 

10 who, during the Small Dollar Democracy quali11 fying period described in section 511(c), sub12 mits a statement to the Commission under sec13 tion 513(c) to voluntarily withdraw from par14 ticipating in the program under this title. 

15 ‘‘(2) TREATMENT OF SUBSEQUENT NON16 QUALIFIED CONTRIBUTIONS.—If, notwithstanding 

17 the prohibition described in paragraph (1), an indi18 vidual who makes a qualified small dollar contribu19 tion to a candidate or the authorized committees of 

20 a candidate with respect to an election makes a sub21 sequent contribution to such candidate or the au22 thorized committees of such candidate with respect 

23 to the election which is prohibited under paragraph 

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1 tribution, the candidate may take one of the fol2 lowing actions: 

3 ‘‘(A) Not later than 2 weeks after receiving 

4 the contribution, the candidate may return the 

5 subsequent contribution to the individual. In 

6 the case of a subsequent contribution which is 

7 not a qualified small dollar contribution because 

8 the contribution fails to meet the requirements 

9 of paragraph (3) of subsection (a) (relating to 

10 the aggregate amount of contributions made to 

11 the candidate or the authorized committees of 

12 the candidate by the individual making the con13 tribution), the candidate may return an amount 

14 equal to the difference between the amount of 

15 the subsequent contribution and the amount de16 scribed in paragraph (1)(B) of subsection (a). 

17 ‘‘(B) The candidate may retain the subse18 quent contribution, so long as not later than 2 

19 weeks after receiving the subsequent contribu20 tion, the candidate remits to the Commission an 

21 amount equal to any payments received by the 

22 candidate under this title which are attributable 

23 to the qualified small dollar contribution made 

24 by the individual involved. Such amount shall 

25 be used to supplement the allocation made to 


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1 the Commission with respect to candidates from 

2 the State in which the candidate seeks office, as 

3 described in section 541(a). 

4 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MUL5 TIPLE CONTRIBUTIONS.—Nothing in this section 

6 may be construed to prohibit an individual from 

7 making multiple qualified small dollar contributions 

8 to any candidate or any number of candidates, so 

9 long as each contribution meets each of the require10 ments of paragraphs (1), (2), and (3) of subsection 

11 (a). 

12 ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN13 DIDATES.— 

14 ‘‘(1) NOTIFICATION.—Each authorized com15 mittee of a candidate who seeks to be a participating 

16 candidate under this title shall provide the following 

17 information in any materials for the solicitation of 

18 contributions, including any internet site through 

19 which individuals may make contributions to the 

20 committee: 

21 ‘‘(A) A statement that if the candidate is 

22 certified as a participating candidate under this 

23 title, the candidate will receive matching pay24 ments in an amount which is based on the total 


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1 amount of qualified small dollar contributions 

2 received. 

3 ‘‘(B) A statement that a contribution 

4 which meets the requirements set forth in sub5 section (a) shall be treated as a qualified small 

6 dollar contribution under this title. 

7 ‘‘(C) A statement that if a contribution is 

8 treated as qualified small dollar contribution 

9 under this title, the individual who makes the 

10 contribution may not make any contribution to 

11 the candidate or the authorized committees of 

12 the candidate during the election cycle which is 

13 not a qualified small dollar contribution. 

14 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE15 QUIREMENTS.—An authorized committee may meet 

16 the requirements of paragraph (1)— 

17 ‘‘(A) by including the information de18 scribed in paragraph (1) in the receipt provided 

19 under section 512(b)(3) to a person making a 

20 qualified small dollar contribution; or 

21 ‘‘(B) by modifying the information it pro22 vides to persons making contributions which is 

23 otherwise required under title III (including in24 formation it provides through the internet). 


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1 ‘‘Subtitle B—Eligibility and 

2 Certification 

3 ‘‘SEC. 511. ELIGIBILITY. 

4 ‘‘(a) IN GENERAL.—A candidate for the office of 

5 Representative in, or Delegate or Resident Commissioner 

6 to, the Congress is eligible to be certified as a participating 

7 candidate under this title with respect to an election if 

8 the candidate meets the following requirements: 

9 ‘‘(1) The candidate files with the Commission a 

10 statement of intent to seek certification as a partici11 pating candidate. 

12 ‘‘(2) The candidate meets the qualifying re13 quirements of section 512. 

14 ‘‘(3) The candidate files with the Commission a 

15 statement certifying that the authorized committees 

16 of the candidate meet the requirements of section 

17 504(d). 

18 ‘‘(4) Not later than the last day of the Small 

19 Dollar Democracy qualifying period, the candidate 

20 files with the Commission an affidavit signed by the 

21 candidate and the treasurer of the candidate’s prin22 cipal campaign committee declaring that the can23 didate— 


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1 ‘‘(A) has complied and, if certified, will 

2 comply with the contribution and expenditure 

3 requirements of section 521; 

4 ‘‘(B) if certified, will run only as a partici5 pating candidate for all elections for the office 

6 that such candidate is seeking during that elec7 tion cycle; and 

8 ‘‘(C) has either qualified or will take steps 

9 to qualify under State law to be on the ballot. 

10 ‘‘(5) The candidate files with the Commission a 

11 certification that the candidate will not use any allo12 cation from the Fund to directly or indirectly pay 

13 salaries, fees, consulting expenses, or any other com14 pensation for services rendered to themselves, family 

15 members (including spouses as well as children, par16 ents, siblings, or any of their spouses), or any entity 

17 or organization in which they have an ownership in18 terest. 

19 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub20 section (a), a candidate shall not be eligible to be certified 

21 as a participating candidate under this title for a general 

22 election or a general runoff election unless the candidate’s 

23 party nominated the candidate to be placed on the ballot 

24 for the general election or the candidate is otherwise quali25 fied to be on the ballot under State law. 


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1 ‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PE2 RIOD DEFINED.—The term ‘Small Dollar Democracy 

3 qualifying period’ means, with respect to any candidate 

4 for an office, the 180-day period (during the election cycle 

5 for such office) which begins on the date on which the 

6 candidate files a statement of intent under section 

7 511(a)(1), except that such period may not continue after 

8 the date that is 30 days before the date of the general 

9 election for the office. 

10 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

11 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON12 TRIBUTIONS.—A candidate for the office of Representative 

13 in, or Delegate or Resident Commissioner to, the Congress 

14 meets the requirement of this section if, during the Small 

15 Dollar Democracy qualifying period described in section 

16 511(c), each of the following occurs: 

17 ‘‘(1) Not fewer than 1,000 individuals make a 

18 qualified small dollar contribution to the candidate. 

19 ‘‘(2) The candidate obtains a total dollar 

20 amount of qualified small dollar contributions which 

21 is equal to or greater than $50,000. 

22 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

23 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each 

24 qualified small dollar contribution— 


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1 ‘‘(1) may be made by means of a personal 

2 check, money order, debit card, credit card, elec3 tronic payment account, or any other method 

4 deemed appropriate by the Commission; 

5 ‘‘(2) shall be accompanied by a signed state6 ment (or, in the case of a contribution made online 

7 or through other electronic means, an electronic 

8 equivalent) containing the contributor’s name and 

9 address; and 

10 ‘‘(3) shall be acknowledged by a receipt that is 

11 sent to the contributor with a copy (in paper or elec12 tronic form) kept by the candidate for the Commis13 sion. 

14 ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Com15 mission shall establish procedures for the auditing and 

16 verification of the contributions received and expenditures 

17 made by participating candidates under this title, includ18 ing procedures for random audits, to ensure that such con19 tributions and expenditures meet the requirements of this 

20 title. 

21 ‘‘SEC. 513. CERTIFICATION. 

22 ‘‘(a) DEADLINE AND NOTIFICATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 5 business 

24 days after a candidate files an affidavit under sec25 tion 511(a)(4), the Commission shall— 


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1 ‘‘(A) determine whether or not the can2 didate meets the requirements for certification 

3 as a participating candidate; 

4 ‘‘(B) if the Commission determines that 

5 the candidate meets such requirements, certify 

6 the candidate as a participating candidate; and 

7 ‘‘(C) notify the candidate of the Commis8 sion’s determination. 

9 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC10 TIONS IN ELECTION CYCLE.—If the Commission cer11 tifies a candidate as a participating candidate with 

12 respect to the first election of the election cycle in13 volved, the Commission shall be deemed to have cer14 tified the candidate as a participating candidate with 

15 respect to all subsequent elections of the election 

16 cycle. 

17 ‘‘(b) REVOCATION OF CERTIFICATION.— 

18 ‘‘(1) IN GENERAL.—The Commission shall re19 voke a certification under subsection (a) if— 

20 ‘‘(A) a candidate fails to qualify to appear 

21 on the ballot at any time after the date of cer22 tification (other than a candidate certified as a 

23 participating candidate with respect to a pri24 mary election who fails to qualify to appear on 


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1 the ballot for a subsequent election in that elec2 tion cycle); 

3 ‘‘(B) a candidate ceases to be a candidate 

4 for the office involved, as determined on the 

5 basis of an official announcement by an author6 ized committee of the candidate or on the basis 

7 of a reasonable determination by the Commis8 sion; or 

9 ‘‘(C) a candidate otherwise fails to comply 

10 with the requirements of this title, including 

11 any regulatory requirements prescribed by the 

12 Commission. 

13 ‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The 

14 Commission shall revoke a certification under sub15 section (a) if a penalty is assessed against the can16 didate under section 309(d) with respect to the elec17 tion. 

18 ‘‘(3) EFFECT OF REVOCATION.—If a can19 didate’s certification is revoked under this sub20 section— 

21 ‘‘(A) the candidate may not receive pay22 ments under this title during the remainder of 

23 the election cycle involved; and 


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1 ‘‘(B) in the case of a candidate whose cer2 tification is revoked pursuant to subparagraph 

3 (A) or subparagraph (C) of paragraph (1)— 

4 ‘‘(i) the candidate shall repay to the 

5 Commission an amount equal to the pay6 ments received under this title with respect 

7 to the election cycle involved plus interest 

8 (at a rate determined by the Commission 

9 on the basis of an appropriate annual per10 centage rate for the month involved) on 

11 any such amount received, which shall be 

12 used by the Commission to supplement the 

13 allocation made to the Commission with re14 spect to the State in which the candidate 

15 seeks office, as described in section 541(a); 

16 and 

17 ‘‘(ii) the candidate may not be cer18 tified as a participating candidate under 

19 this title with respect to the next election 

20 cycle. 

21 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

22 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV23 OCATIONS.—If the Commission revokes the certifi24 cation of an individual as a participating candidate 

25 under this title pursuant to subparagraph (A) or 


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1 subparagraph (C) of paragraph (1) a total of 3 

2 times, the individual may not be certified as a par3 ticipating candidate under this title with respect to 

4 any subsequent election. 

5 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI6 PATING DURING QUALIFYING PERIOD.—At any time dur7 ing the Small Dollar Democracy qualifying period de8 scribed in section 511(c), a candidate may withdraw from 

9 participation in the program under this title by submitting 

10 to the Commission a statement of withdrawal (without re11 gard to whether or not the Commission has certified the 

12 candidate as a participating candidate under this title as 

13 of the time the candidate submits such statement), so long 

14 as the candidate has not submitted a request for payment 

15 under section 502. 

16 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

17 title, a ‘participating candidate’ means a candidate for the 

18 office of Representative in, or Delegate or Resident Com19 missioner to, the Congress who is certified under this sec20 tion as eligible to receive benefits under this title. 


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1 ‘‘Subtitle C—Requirements for Can2 didates Certified as Partici3 pating Candidates 

4 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE5 MENTS. 

6 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

7 EXPENDITURES.—Except as provided in subsection (c), a 

8 participating candidate with respect to an election shall, 

9 with respect to all elections occurring during the election 

10 cycle for the office involved, accept no contributions from 

11 any source and make no expenditures from any amounts, 

12 other than the following: 

13 ‘‘(1) Qualified small dollar contributions. 

14 ‘‘(2) Payments under this title. 

15 ‘‘(3) Contributions from political committees es16 tablished and maintained by a national or State po17 litical party, subject to the applicable limitations of 

18 section 315. 

19 ‘‘(4) Subject to subsection (b), personal funds 

20 of the candidate or of any immediate family member 

21 of the candidate (other than funds received through 

22 qualified small dollar contributions). 

23 ‘‘(5) Contributions from individuals who are 

24 otherwise permitted to make contributions under 

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1 tion 315, except that the aggregate amount of con2 tributions a participating candidate may accept from 

3 any individual with respect to any election during 

4 the election cycle may not exceed $1,000. 

5 ‘‘(6) Contributions from multicandidate political 

6 committees, subject to the applicable limitations of 

7 section 315. 

8 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 

9 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

10 certified as a participating candidate may use per11 sonal funds (including personal funds of any imme12 diate family member of the candidate) so long as— 

13 ‘‘(A) the aggregate amount used with re14 spect to the election cycle (including any period 

15 of the cycle occurring prior to the candidate’s 

16 certification as a participating candidate) does 

17 not exceed $50,000; and 

18 ‘‘(B) the funds are used only for making 

19 direct payments for the receipt of goods and 

20 services which constitute authorized expendi21 tures in connection with the election cycle in22 volved. 

23 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

24 In this subsection, the term ‘immediate family mem25 ber’ means, with respect to a candidate— 


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1 ‘‘(A) the candidate’s spouse; 

2 ‘‘(B) a child, stepchild, parent, grand3 parent, brother, half-brother, sister, or half-sis4 ter of the candidate or the candidate’s spouse; 

5 and 

6 ‘‘(C) the spouse of any person described in 

7 subparagraph (B). 

8 ‘‘(c) EXCEPTIONS.— 

9 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE10 CEIVED PRIOR TO FILING OF STATEMENT OF IN11 TENT.—A candidate who has accepted contributions 

12 that are not described in subsection (a) is not in vio13 lation of subsection (a), but only if all such contribu14 tions are— 

15 ‘‘(A) returned to the contributor; 

16 ‘‘(B) submitted to the Commission, to be 

17 used to supplement the allocation made to the 

18 Commission with respect to the State in which 

19 the candidate seeks office, as described in sec20 tion 541(a); or 

21 ‘‘(C) spent in accordance with paragraph 

22 (2). 

23 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

24 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

25 candidate has made expenditures prior to the date 


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1 the candidate files a statement of intent under sec2 tion 511(a)(1) that the candidate is prohibited from 

3 making under subsection (a) or subsection (b), the 

4 candidate is not in violation of such subsection if the 

5 aggregate amount of the prohibited expenditures is 

6 less than the amount referred to in section 

7 512(a)(2) (relating to the total dollar amount of 

8 qualified small dollar contributions which the can9 didate is required to obtain) which is applicable to 

10 the candidate. 

11 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

12 FROM A PREVIOUS ELECTION.—Notwithstanding 

13 paragraph (1), unexpended contributions received by 

14 the candidate or an authorized committee of the 

15 candidate with respect to a previous election may be 

16 retained, but only if the candidate places the funds 

17 in escrow and refrains from raising additional funds 

18 for or spending funds from that account during the 

19 election cycle in which a candidate is a participating 

20 candidate. 

21 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE22 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

23 TITLE.—Contributions received and expenditures 

24 made by the candidate or an authorized committee 

25 of the candidate prior to the effective date of this 


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1 title shall not constitute a violation of subsection (a) 

2 or (b). Unexpended contributions shall be treated 

3 the same as campaign surpluses under paragraph 

4 (3), and expenditures made shall count against the 

5 limit in paragraph (2). 

6 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX7 PENDITURES.—For purposes of this section, a payment 

8 made by a political party in coordination with a partici9 pating candidate shall not be treated as a contribution to 

10 or as an expenditure made by the participating candidate. 

11 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT12 TEES.— 

13 ‘‘(1) PROHIBITION.—An authorized committee 

14 of a candidate who is certified as a participating 

15 candidate under this title with respect to an election 

16 may not establish a joint fundraising committee with 

17 a political committee other than another authorized 

18 committee of the candidate. 

19 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

20 PRIOR ELECTIONS.—If a candidate established a 

21 joint fundraising committee described in paragraph 

22 (1) with respect to a prior election for which the 

23 candidate was not certified as a participating can24 didate under this title and the candidate does not 

25 terminate the committee, the candidate shall not be 


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1 considered to be in violation of paragraph (1) so 

2 long as that joint fundraising committee does not re3 ceive any contributions or make any disbursements 

4 during the election cycle for which the candidate is 

5 certified as a participating candidate under this title. 

6 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

7 ‘‘(1) PROHIBITION.—A candidate who is cer8 tified as a participating candidate under this title 

9 with respect to an election may not associate with, 

10 establish, finance, maintain, or control a leadership 

11 PAC. 

12 ‘‘(2) STATUS OF EXISTING LEADERSHIP

13 PACS.—If a candidate established, financed, main14 tained, or controlled a leadership PAC prior to being 

15 certified as a participating candidate under this title 

16 and the candidate does not terminate the leadership 

17 PAC, the candidate shall not be considered to be in 

18 violation of paragraph (1) so long as the leadership 

19 PAC does not receive any contributions or make any 

20 disbursements during the election cycle for which the 

21 candidate is certified as a participating candidate 

22 under this title. 

23 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub24 section, the term ‘leadership PAC’ has the meaning 

25 given such term in section 304(i)(8)(B). 


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1 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

2 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER3 MITTED CONTRIBUTIONS.—Each authorized committee of 

4 a candidate certified as a participating candidate under 

5 this title— 

6 ‘‘(1) shall provide for separate accounting of 

7 each type of contribution described in section 521(a) 

8 which is received by the committee; and 

9 ‘‘(2) shall provide for separate accounting for 

10 the payments received under this title. 

11 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

12 DONORS.— 

13 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID14 UALS MAKING QUALIFIED SMALL DOLLAR CON15 TRIBUTIONS.—Each authorized committee of a par16 ticipating candidate under this title shall, in accord17 ance with section 304(b)(3)(A), include in the re18 ports the committee submits under section 304 the 

19 identification of each person who makes a qualified 

20 small dollar contribution to the committee. 

21 ‘‘(2) MANDATORY DISCLOSURE THROUGH

22 INTERNET.—Each authorized committee of a partici23 pating candidate under this title shall ensure that all 

24 information reported to the Commission under this 

25 Act with respect to contributions and expenditures 

26 of the committee is available to the public on the 


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1 internet (whether through a site established for pur2 poses of this subsection, a hyperlink on another pub3 lic site of the committee, or a hyperlink on a report 

4 filed electronically with the Commission) in a search5 able, sortable, and downloadable manner. 

6 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB7 LIC FUNDS. 

8 ‘‘(a) MANDATORY SPENDING OF AVAILABLE PRI9 VATE FUNDS.—An authorized committee of a candidate 

10 certified as a participating candidate under this title may 

11 not make any expenditure of any payments received under 

12 this title in any amount unless the committee has made 

13 an expenditure in an equivalent amount of funds received 

14 by the committee which are described in paragraphs (1), 

15 (3), (4), (5), and (6) of section 521(a). 

16 ‘‘(b) LIMITATION.—Subsection (a) applies to an au17 thorized committee only to the extent that the funds re18 ferred to in such subsection are available to the committee 

19 at the time the committee makes an expenditure of a pay20 ment received under this title. 

21 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

22 ‘‘(a) REMITTANCE REQUIRED.—Not later than the 

23 date that is 180 days after the last election for which a 

24 candidate certified as a participating candidate qualifies 

25 to be on the ballot during the election cycle involved, such 


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1 participating candidate shall remit to the Commission an 

2 amount equal to the balance of the payments received 

3 under this title by the authorized committees of the can4 didate which remain unexpended as of such date, which 

5 shall be used to supplement the allocation made to the 

6 Commission with respect to the State in which the can7 didate seeks office, as described in section 541(a). 

8 ‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN

9 NEXT ELECTION CYCLE TO RETAIN PORTION OF

10 UNSPENT FUNDS.—Notwithstanding subsection (a), a 

11 participating candidate may withhold not more than 

12 $100,000 from the amount required to be remitted under 

13 subsection (a) if the candidate files a signed affidavit with 

14 the Commission that the candidate will seek certification 

15 as a participating candidate with respect to the next elec16 tion cycle, except that the candidate may not use any por17 tion of the amount withheld until the candidate is certified 

18 as a participating candidate with respect to that next elec19 tion cycle. If the candidate fails to seek certification as 

20 a participating candidate prior to the last day of the Small 

21 Dollar Democracy qualifying period for the next election 

22 cycle (as described in section 511), or if the Commission 

23 notifies the candidate of the Commission’s determination 

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1 didate shall immediately remit to the Commission the 

2 amount withheld. 

3 ‘‘Subtitle D—Enhanced Match 

4 Support 

5 ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

6 ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In 

7 addition to the payments made under subtitle A, the Com8 mission shall make an additional payment to an eligible 

9 candidate under this subtitle. 

10 ‘‘(b) USE OF FUNDS.—A candidate shall use the ad11 ditional payment under this subtitle only for authorized 

12 expenditures in connection with the election involved. 

13 ‘‘SEC. 532. ELIGIBILITY. 

14 ‘‘(a) IN GENERAL.—A candidate is eligible to receive 

15 an additional payment under this subtitle if the candidate 

16 meets each of the following requirements: 

17 ‘‘(1) The candidate is on the ballot for the gen18 eral election for the office the candidate seeks. 

19 ‘‘(2) The candidate is certified as a partici20 pating candidate under this title with respect to the 

21 election. 

22 ‘‘(3) During the enhanced support qualifying 

23 period, the candidate receives qualified small dollar 

24 contributions in a total amount of not less than 

25 $50,000. 


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1 ‘‘(4) During the enhanced support qualifying 

2 period, the candidate submits to the Commission a 

3 request for the payment which includes— 

4 ‘‘(A) a statement of the number and 

5 amount of qualified small dollar contributions 

6 received by the candidate during the enhanced 

7 support qualifying period; 

8 ‘‘(B) a statement of the amount of the 

9 payment the candidate anticipates receiving 

10 with respect to the request; and 

11 ‘‘(C) such other information and assur12 ances as the Commission may require. 

13 ‘‘(5) After submitting a request for the addi14 tional payment under paragraph (4), the candidate 

15 does not submit any other application for an addi16 tional payment under this subtitle. 

17 ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DE18 SCRIBED.—In this subtitle, the term ‘enhanced support 

19 qualifying period’ means, with respect to a general elec20 tion, the period which begins 60 days before the date of 

21 the election and ends 14 days before the date of the elec22 tion. 

23 ‘‘SEC. 533. AMOUNT. 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

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1 didate under this subtitle shall be an amount equal to 50 

2 percent of— 

3 ‘‘(1) the amount of the payment made to the 

4 candidate under section 501(b) with respect to the 

5 qualified small dollar contributions which are re6 ceived by the candidate during the enhanced support 

7 qualifying period (as included in the request sub8 mitted by the candidate under section 532(a)(4)); or 

9 ‘‘(2) in the case of a candidate who is not eligi10 ble to receive a payment under section 501(b) with 

11 respect to such qualified small dollar contributions 

12 because the candidate has reached the limit on the 

13 aggregate amount of payments under subtitle A for 

14 the election cycle under section 501(c), the amount 

15 of the payment which would have been made to the 

16 candidate under section 501(b) with respect to such 

17 qualified small dollar contributions if the candidate 

18 had not reached such limit. 

19 ‘‘(b) LIMIT.—The amount of the additional payment 

20 determined under subsection (a) with respect to a can21 didate may not exceed $500,000. 

22 ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The 

23 amount of the additional payment made to a candidate 

24 under this subtitle shall not be included in determining 

25 the aggregate amount of payments made to a participating 


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1 candidate with respect to an election cycle under section 

2 501(c). 

3 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 

4 UNSPENT FUNDS AFTER ELECTION. 

5 ‘‘Notwithstanding section 524(a)(2), a candidate who 

6 receives an additional payment under this subtitle with re7 spect to an election is not permitted to withhold any por8 tion from the amount of unspent funds the candidate is 

9 required to remit to the Commission under section 

10 524(a)(1). 

11 ‘‘Subtitle E—Administrative 

12 Provisions 

13 ‘‘SEC. 541. SOURCE OF PAYMENTS. 

14 ‘‘(a) ALLOCATIONS FROM STATE ELECTION ASSIST15 ANCE AND INNOVATION TRUST FUND.—The amounts 

16 used to make payments to participating candidates under 

17 this title who seek office in a State shall be derived from 

18 the allocations made to the Commission with respect to 

19 the State from the State Election Assistance and Innova20 tion Trust Fund (hereafter referred to as the ‘Fund’) 

21 under section 8012 of the Freedom to Vote Act, as pro22 vided under section 8005(c) of such Act. 

23 ‘‘(b) USE OF ALLOCATIONS TO MAKE PAYMENTS TO

24 PARTICIPATING CANDIDATES.— 


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1 ‘‘(1) PAYMENTS TO PARTICIPATING CAN2 DIDATES.—The allocations made to the Commission 

3 as described in subsection (a) shall be available with4 out further appropriation or fiscal year limitation to 

5 make payments to participating candidates as pro6 vided in this title. 

7 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

8 CASE OF INSUFFICIENT AMOUNTS.— 

9 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

10 Not later than 90 days before the first day of 

11 each election cycle (beginning with the first 

12 election cycle that begins after the date of the 

13 enactment of this title), the Commission, in 

14 consultation with the Director of the Office of 

15 State Democracy Promotion, shall— 

16 ‘‘(i) audit the Fund to determine 

17 whether, after first making allocations for 

18 payments to States under section 8005(a) 

19 of the Freedom to Vote Act, and then 

20 making allocations to the Election Assist21 ance Commission under section 8005(b) of 

22 such Act, the amount of the allocation 

23 made to the Commission with respect to 

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1 cient to make payments to participating 

2 candidates in the State in the amounts 

3 provided in this title during such election 

4 cycle; and 

5 ‘‘(ii) submit a report to Congress de6 scribing the results of the audit. 

7 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY8 MENTS.— 

9 ‘‘(i) AUTOMATIC REDUCTION ON PRO

10 RATA BASIS.—If, on the basis of the audit 

11 described in subparagraph (A), the Com12 mission determines that the amount antici13 pated to be available in the Fund for pay14 ments to participating candidates in a 

15 State with respect to the election cycle in16 volved is not, or may not be, sufficient to 

17 satisfy the full entitlements of partici18 pating candidates in the State to payments 

19 under this title for such election cycle, the 

20 Commission shall reduce each amount 

21 which would otherwise be paid to a partici22 pating candidate in the State under this 

23 title by such pro rata amount as may be 

24 necessary to ensure that the aggregate 

25 amount of payments anticipated to be 


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1 made to participating candidates in the 

2 State with respect to the election cycle will 

3 not exceed the amount anticipated to be 

4 available for such payments with respect to 

5 such election cycle. 

6 ‘‘(ii) RESTORATION OF REDUCTIONS

7 IN CASE OF AVAILABILITY OF SUFFICIENT

8 FUNDS DURING ELECTION CYCLE.—If, 

9 after reducing the amounts paid to partici10 pating candidates in a State with respect 

11 to an election cycle under clause (i), the 

12 Commission determines that the allocation 

13 made to the Commission with respect to 

14 candidates in the State as described in 

15 subsection (a) is sufficient to restore the 

16 amount by which such payments were re17 duced (or any portion thereof), to the ex18 tent that such amounts are available, the 

19 Commission may make a payment on a pro 

20 rata basis to each such participating can21 didate with respect to the election cycle in 

22 the amount by which such candidate’s pay23 ments were reduced under clause (i) (or 

24 any portion thereof, as the case may be). 


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1 ‘‘(iii) NO USE OF AMOUNTS FROM

2 OTHER SOURCES.—In any case in which 

3 the Commission determines that the alloca4 tion made to the Commission with respect 

5 to candidates in a State as described in 

6 subsection (a) is insufficient to make pay7 ments to participating candidates in the 

8 State under this title, moneys shall not be 

9 made available from any other source for 

10 the purpose of making such payments. 

11 ‘‘(c) EFFECTIVE DATE.—This section shall take ef12 fect on the date of the enactment of this title. 

13 ‘‘SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVI14 SION WITHIN COMMISSION. 

15 ‘‘(a) ADMINISTRATION THROUGH DEDICATED DIVI16 SION.— 

17 ‘‘(1) ESTABLISHMENT.—The Commission shall 

18 establish a separate division within the Commission 

19 which is dedicated to issuing regulations to carry out 

20 this title and to otherwise carrying out the operation 

21 of this title. 

22 ‘‘(2) APPOINTMENT OF DIRECTOR AND

23 STAFF.—Not later than June 1, 2022, the Commis24 sion shall appoint a director to head the division es25 tablished under this section and such other staff as 


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1 the Commission considers appropriate to enable the 

2 division to carry out its duties. 

3 ‘‘(3) PRIVATE RIGHT OF ACTION.—Any person 

4 aggrieved by the failure of the Commission to meet 

5 the requirements of this subsection may file an ac6 tion in an appropriate district court of the United 

7 States for such relief, including declaratory and in8 junctive relief, as may be appropriate. 

9 ‘‘(b) REGULATIONS.—The Commission, acting 

10 through the dedicated division established under this sec11 tion, shall prescribe regulations to carry out the purposes 

12 of this title, including regulations— 

13 ‘‘(1) to establish procedures for verifying the 

14 amount of qualified small dollar contributions with 

15 respect to a candidate; 

16 ‘‘(2) to establish procedures for effectively and 

17 efficiently monitoring and enforcing the limits on the 

18 raising of qualified small dollar contributions; 

19 ‘‘(3) to establish procedures for effectively and 

20 efficiently monitoring and enforcing the limits on the 

21 use of personal funds by participating candidates; 

22 ‘‘(4) to establish procedures for monitoring the 

23 use of payments made from the allocation made to 

24 the Commission as described in section 541(a) and 

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dits of not fewer than 1 1 ⁄10 (or, in the case of the 

2 first 3 election cycles during which the program 

under this title is in effect, not fewer than 1 3 ⁄3) of all 

4 participating candidates or other mechanisms; and 

5 ‘‘(5) to establish rules for preventing fraud in 

6 the operation of this title which supplement similar 

7 rules which apply under this Act. 

8 ‘‘SEC. 543. VIOLATIONS AND PENALTIES. 

9 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU10 TION AND EXPENDITURE REQUIREMENTS.—If a can11 didate who has been certified as a participating candidate 

12 accepts a contribution or makes an expenditure that is 

13 prohibited under section 521, the Commission may assess 

14 a civil penalty against the candidate in an amount that 

15 is not more than 3 times the amount of the contribution 

16 or expenditure. Any amounts collected under this sub17 section shall be used to supplement the allocation made 

18 to the Commission with respect to the State in which the 

19 candidate seeks office, as described in section 541(a). 

20 ‘‘(b) REPAYMENT FOR IMPROPER USE OF PAY21 MENTS.— 

22 ‘‘(1) IN GENERAL.—If the Commission deter23 mines that any payment made to a participating 

24 candidate was not used as provided for in this title 

25 or that a participating candidate has violated any of 


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1 the dates for remission of funds contained in this 

2 title, the Commission shall so notify the candidate 

3 and the candidate shall pay to the Commission an 

4 amount which shall be used to supplement the allo5 cation made to the Commission with respect to the 

6 State in which the candidate seeks office, as de7 scribed in section 541(a) and which shall be equal 

8 to— 

9 ‘‘(A) the amount of payments so used or 

10 not remitted, as appropriate; and 

11 ‘‘(B) interest on any such amounts (at a 

12 rate determined by the Commission). 

13 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

14 action by the Commission in accordance with this 

15 subsection shall not preclude enforcement pro16 ceedings by the Commission in accordance with sec17 tion 309(a), including a referral by the Commission 

18 to the Attorney General in the case of an apparent 

19 knowing and willful violation of this title. 

20 ‘‘(c) PROHIBITING CERTAIN CANDIDATES FROM

21 QUALIFYING AS PARTICIPATING CANDIDATES.— 

22 ‘‘(1) CANDIDATES WITH MULTIPLE CIVIL PEN23 ALTIES.—If the Commission assesses 3 or more civil 

24 penalties under subsection (a) against a candidate 

25 (with respect to either a single election or multiple 


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1 elections), the Commission may refuse to certify the 

2 candidate as a participating candidate under this 

3 title with respect to any subsequent election, except 

4 that if each of the penalties were assessed as the re5 sult of a knowing and willful violation of any provi6 sion of this Act, the candidate is not eligible to be 

7 certified as a participating candidate under this title 

8 with respect to any subsequent election. 

9 ‘‘(2) CANDIDATES SUBJECT TO CRIMINAL PEN10 ALTY.—A candidate is not eligible to be certified as 

11 a participating candidate under this title with re12 spect to an election if a penalty has been assessed 

13 against the candidate under section 309(d) with re14 spect to any previous election. 

15 ‘‘(d) IMPOSITION OF CRIMINAL PENALTIES.—For 

16 criminal penalties for the failure of a participating can17 didate to comply with the requirements of this title, see 

18 section 309(d). 

19 ‘‘SEC. 544. APPEALS PROCESS. 

20 ‘‘(a) REVIEW OF ACTIONS.—Any action by the Com21 mission in carrying out this title shall be subject to review 

22 by the United States Court of Appeals for the District 

23 of Columbia upon petition filed in the Court not later than 

24 30 days after the Commission takes the action for which 

25 the review is sought. 


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1 ‘‘(b) PROCEDURES.—The provisions of chapter 7 of 

2 title 5, United States Code, apply to judicial review under 

3 this section. 

4 ‘‘SEC. 545. INDEXING OF AMOUNTS. 

5 ‘‘(a) INDEXING.—In any calendar year after 2026, 

6 section 315(c)(1)(B) shall apply to each amount described 

7 in subsection (b) in the same manner as such section ap8 plies to the limitations established under subsections 

9 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, ex10 cept that for purposes of applying such section to the 

11 amounts described in subsection (b), the ‘base period’ 

12 shall be 2026. 

13 ‘‘(b) AMOUNTS DESCRIBED.—The amounts described 

14 in this subsection are as follows: 

15 ‘‘(1) The amount referred to in section 

16 502(b)(1) (relating to the minimum amount of quali17 fied small dollar contributions included in a request 

18 for payment). 

19 ‘‘(2) The amounts referred to in section 

20 504(a)(1) (relating to the amount of a qualified 

21 small dollar contribution). 

22 ‘‘(3) The amount referred to in section 

23 512(a)(2) (relating to the total dollar amount of 

24 qualified small dollar contributions). 


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1 ‘‘(4) The amount referred to in section 

2 521(a)(5) (relating to the aggregate amount of con3 tributions a participating candidate may accept from 

4 any individual with respect to an election). 

5 ‘‘(5) The amount referred to in section 

6 521(b)(1)(A) (relating to the amount of personal 

7 funds that may be used by a candidate who is cer8 tified as a participating candidate). 

9 ‘‘(6) The amounts referred to in section 

10 524(a)(2) (relating to the amount of unspent funds 

11 a candidate may retain for use in the next election 

12 cycle). 

13 ‘‘(7) The amount referred to in section 

14 532(a)(3) (relating to the total dollar amount of 

15 qualified small dollar contributions for a candidate 

16 seeking an additional payment under subtitle D). 

17 ‘‘(8) The amount referred to in section 533(b) 

18 (relating to the limit on the amount of an additional 

19 payment made to a candidate under subtitle D). 

20 ‘‘SEC. 546. ELECTION CYCLE DEFINED. 

21 ‘‘In this title, the term ‘election cycle’ means, with 

22 respect to an election for an office, the period beginning 

23 on the day after the date of the most recent general elec24 tion for that office (or, if the general election resulted in 

25 a runoff election, the date of the runoff election) and endVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 ing on the date of the next general election for that office 

2 (or, if the general election resulted in a runoff election, 

3 the date of the runoff election).’’. 

4 SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTI5 CANDIDATE AND POLITICAL PARTY COMMIT6 TEES ON BEHALF OF PARTICIPATING CAN7 DIDATES. 

8 (a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEP9 ARATE ACCOUNTS CONSISTING OF QUALIFIED SMALL

10 DOLLAR CONTRIBUTIONS.—Section 315(a) of the Federal 

11 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(10) In the case of a multicandidate political com15 mittee or any political committee of a political party, the 

16 committee may make a contribution to a candidate who 

17 is a participating candidate under title V with respect to 

18 an election only if the contribution is paid from a separate, 

19 segregated account of the committee which consists solely 

20 of contributions which meet the following requirements: 

21 ‘‘(A) Each such contribution is in an amount 

22 which meets the requirements for the amount of a 

23 qualified small dollar contribution under section 

24 504(a)(1) with respect to the election involved. 


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1 ‘‘(B) Each such contribution is made by an in2 dividual who is not otherwise prohibited from mak3 ing a contribution under this Act. 

4 ‘‘(C) The individual who makes the contribution 

5 does not make contributions to the committee during 

6 the year in an aggregate amount that exceeds the 

7 limit described in section 504(a)(1).’’. 

8 (b) PERMITTING UNLIMITED COORDINATED EX9 PENDITURES FROM SMALL DOLLAR SOURCES BY POLIT10 ICAL PARTIES.—Section 315(d) of such Act (52 U.S.C. 

11 30116(d)) is amended— 

12 (1) in paragraph (3), by striking ‘‘The national 

13 committee’’ and inserting ‘‘Except as provided in 

14 paragraph (6), the national committee’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(6) The limits described in paragraph (3) do not 

18 apply in the case of expenditures in connection with the 

19 general election campaign of a candidate for the office of 

20 Representative in, or Delegate or Resident Commissioner 

21 to, the Congress who is a participating candidate under 

22 title V with respect to the election, but only if— 

23 ‘‘(A) the expenditures are paid from a separate, 

24 segregated account of the committee which is de25 scribed in subsection (a)(10); and 


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1 ‘‘(B) the expenditures are the sole source of 

2 funding provided by the committee to the can3 didate.’’. 

4 SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PAR5 TICIPATING CANDIDATES FOR PURPOSES 

6 OTHER THAN CAMPAIGN FOR ELECTION. 

7 Section 313 of the Federal Election Campaign Act 

8 of 1971 (52 U.S.C. 30114) is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

11 BY CANDIDATES RECEIVING SMALL DOLLAR FINANC12 ING.—Notwithstanding paragraph (2), (3), or (4) of sub13 section (a), if a candidate for election for the office of Rep14 resentative in, or Delegate or Resident Commissioner to, 

15 the Congress is certified as a participating candidate 

16 under title V with respect to the election, any contribution 

17 which the candidate is permitted to accept under such title 

18 may be used only for authorized expenditures in connec19 tion with the candidate’s campaign for such office, subject 

20 to section 503(b).’’. 

21 SEC. 8114. DEADLINE FOR REGULATIONS. 

22 Not later than October 1, 2022, the Federal Election 

23 Commission shall promulgate such regulations as may be 

24 necessary to carry out this part and the amendments made 

25 by this part. 


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1 Subtitle C—Personal Use Services 

2 as Authorized Campaign Ex3 penditures 

4 SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE. 

5 (a) SHORT TITLE.—This subtitle may be cited as the 

6 ‘‘Help America Run Act’’. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) Everyday Americans experience barriers to 

9 entry before they can consider running for office to 

10 serve their communities. 

11 (2) Current law states that campaign funds 

12 cannot be spent on everyday expenses that would 

13 exist whether or not a candidate were running for 

14 office, like childcare and food. While the law seems 

15 neutral, its actual effect is to privilege the independ16 ently wealthy who want to run, because given the de17 mands of running for office, candidates who must 

18 work to pay for childcare or to afford health insur19 ance are effectively being left out of the process, 

20 even if they have sufficient support to mount a via21 ble campaign. 

22 (3) Thus current practice favors those prospec23 tive candidates who do not need to rely on a regular 

24 paycheck to make ends meet. The consequence is 

25 that everyday Americans who have firsthand knowlVerDate Sep 11 2014 23:15 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\S2747.PCS S2747

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1 edge of the importance of stable childcare, a safety 

2 net, or great public schools are less likely to get a 

3 seat at the table. This governance by the few is anti4 thetical to the democratic experiment, but most im5 portantly, when lawmakers do not share the con6 cerns of everyday Americans, their policies reflect 

7 that. 

8 (4) These circumstances have contributed to a 

9 Congress that does not always reflect everyday 

10 Americans. The New York Times reported in 2019 

11 that fewer than 5 percent of representatives cite 

12 blue-collar or service jobs in their biographies. A 

13 2015 survey by the Center for Responsive Politics 

14 showed that the median net worth of lawmakers was 

15 just over $1 million in 2013, or 18 times the wealth 

16 of the typical American household. 

17 (5) These circumstances have also contributed 

18 to a governing body that does not reflect the nation 

19 it serves. For instance, women are 51 percent of the 

20 American population. Yet even with a record number 

21 of women serving in the One Hundred Sixteenth 

22 Congress, the Pew Research Center notes that more 

23 than three out of four Members of this Congress are 

24 male. The Center for American Women And Politics 

25 found that one third of women legislators surveyed 


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1 had been actively discouraged from running for of2 fice, often by political professionals. This type of dis3 couragement, combined with the prohibitions on 

4 using campaign funds for domestic needs like 

5 childcare, burdens that still fall disproportionately 

6 on American women, particularly disadvantages 

7 working mothers. These barriers may explain why 

8 only 10 women in history have given birth while 

9 serving in Congress, in spite of the prevalence of 

10 working parents in other professions. Yet working 

11 mothers and fathers are best positioned to create 

12 policy that reflects the lived experience of most 

13 Americans. 

14 (6) Working mothers, those caring for their el15 derly parents, and young professionals who rely on 

16 their jobs for health insurance should have the free17 dom to run to serve the people of the United States. 

18 Their networks and net worth are simply not the 

19 best indicators of their strength as prospective pub20 lic servants. In fact, helping ordinary Americans to 

21 run may create better policy for all Americans. 

22 (c) PURPOSE.—It is the purpose of this subtitle to 

23 ensure that all Americans who are otherwise qualified to 

24 serve this Nation are able to run for office, regardless of 

25 their economic status. By expanding permissible uses of 


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1 campaign funds and providing modest assurance that test2 ing a run for office will not cost one’s livelihood, the Help 

3 America Run Act will facilitate the candidacy of represent4 atives who more accurately reflect the experiences, chal5 lenges, and ideals of everyday Americans. 

6 SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE 

7 AND OTHER PERSONAL USE SERVICES AS AU8 THORIZED CAMPAIGN EXPENDITURE. 

9 (a) PERSONAL USE SERVICES AS AUTHORIZED CAM10 PAIGN EXPENDITURE.—Section 313 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30114), as amend12 ed by section 8113, is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE

15 AND OTHER PERSONAL USE SERVICES AS AUTHORIZED

16 CAMPAIGN EXPENDITURE.— 

17 ‘‘(1) AUTHORIZED EXPENDITURES.—For pur18 poses of subsection (a), the payment by an author19 ized committee of a candidate for any of the per20 sonal use services described in paragraph (3) shall 

21 be treated as an authorized expenditure if the serv22 ices are necessary to enable the participation of the 

23 candidate in campaign-connected activities. 

24 ‘‘(2) LIMITATIONS.— 


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1 ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY2 MENTS.—The total amount of payments made 

3 by an authorized committee of a candidate for 

4 personal use services described in paragraph (3) 

5 may not exceed the limit which is applicable 

6 under any law, rule, or regulation on the 

7 amount of payments which may be made by the 

8 committee for the salary of the candidate (with9 out regard to whether or not the committee 

10 makes payments to the candidate for that pur11 pose). 

12 ‘‘(B) CORRESPONDING REDUCTION IN

13 AMOUNT OF SALARY PAID TO CANDIDATE.—To 

14 the extent that an authorized committee of a 

15 candidate makes payments for the salary of the 

16 candidate, any limit on the amount of such pay17 ments which is applicable under any law, rule, 

18 or regulation shall be reduced by the amount of 

19 any payments made to or on behalf of the can20 didate for personal use services described in 

21 paragraph (3), other than personal use services 

22 described in subparagraph (D) of such para23 graph. 

24 ‘‘(C) EXCLUSION OF CANDIDATES WHO

25 ARE OFFICEHOLDERS.—Paragraph (1) does not 


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1 apply with respect to an authorized committee 

2 of a candidate who is a holder of Federal office. 

3 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 

4 The personal use services described in this para5 graph are as follows: 

6 ‘‘(A) Child care services. 

7 ‘‘(B) Elder care services. 

8 ‘‘(C) Services similar to the services de9 scribed in subparagraph (A) or subparagraph 

10 (B) which are provided on behalf of any de11 pendent who is a qualifying relative under sec12 tion 152 of the Internal Revenue Code of 1986. 

13 ‘‘(D) Health insurance premiums.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act and shall take effect without regard to whether 

17 or not the Federal Election Commission has promulgated 

18 regulations to carry out such amendments. 


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1 Subtitle D—Empowering Small 

2 Dollar Donations 

3 SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO 

4 PROVIDE ENHANCED SUPPORT FOR CAN5 DIDATES THROUGH USE OF SEPARATE 

6 SMALL DOLLAR ACCOUNTS. 

7 (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN8 DIDATES.—Section 315(a)(2)(A) of the Federal Election 

9 Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 

10 amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex11 ceed $5,000 or, in the case of a contribution made by a 

12 national committee of a political party from an account 

13 described in paragraph (11), exceed $10,000’’. 

14 (b) ELIMINATION OF LIMIT ON COORDINATED EX15 PENDITURES.—Section 315(d)(5) of such Act (52 U.S.C. 

16 30116(d)(5)) is amended by striking ‘‘subsection (a)(9)’’ 

17 and inserting ‘‘subsection (a)(9) or subsection (a)(11)’’. 

18 (c) ACCOUNTS DESCRIBED.—Section 315(a) of such 

19 Act (52 U.S.C. 30116(a)), as amended by section 8112(a), 

20 is amended by adding at the end the following new para21 graph: 

22 ‘‘(11) An account described in this paragraph is a 

23 separate, segregated account of a national committee of 

24 a political party (including a national congressional cam25 paign committee of a political party) consisting exclusively 


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1 of contributions made during a calendar year by individ2 uals whose aggregate contributions to the committee dur3 ing the year do not exceed $200.’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to elections held on 

6 or after the date of the enactment of this Act and shall 

7 take effect without regard to whether or not the Federal 

8 Election Commission has promulgated regulations to carry 

9 out such amendments. 

10 Subtitle E—Severability 

11 SEC. 8401. SEVERABILITY. 

12 If any provision of this title or amendment made by 

13 this title, or the application of a provision or amendment 

14 to any person or circumstance, is held to be unconstitu15 tional, the remainder of this title and amendments made 

16 by this title, and the application of the provisions and 

17 amendment to any person or circumstance, shall not be 

18 affected by the holding. 


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Calendar No. 125 

117TH CONGRESS 

1ST SESSION S. 2747 

A BILL 

To expand Americans’ access to the ballot box and 

for other purposes. reduce the influence of big money in politics, and 

SEPTEMBER 15, 2021 

Read the second time and placed on the calendar 


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