I 

118TH CONGRESS 

1ST SESSION H. R. 5046 

To amend the Help America Vote Act of 2002 to provide increased protections 

for election workers and voters in elections for Federal office, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. SARBANES (for himself, Mr. MORELLE, Mr. ALLRED, and Ms. WILLIAMS

of Georgia) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Help America Vote Act of 2002 to provide 

increased protections for election workers and voters in 

elections for Federal office, 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 ‘‘Preventing Election 

5 Subversion Act of 2023’’. 


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1 SEC. 2. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION 

2 ADMINISTRATORS IN ADMINISTRATION OF 

3 ELECTIONS FOR FEDERAL OFFICE. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) Congress has explicit and broad authority to 

7 regulate the time, place, and manner of Federal elec8 tions under the Elections Clause under article I, sec9 tion 4, clause 1 of the Constitution of the United 

10 States, including by establishing standards for the 

11 fair, impartial, and uniform administration of Fed12 eral elections by State and local officials. 

13 (2) The Elections Clause was understood from 

14 the framing of the Constitution of the United States 

15 to contain ‘‘words of great latitude,’’ granting Con16 gress broad power over Federal elections and a ple17 nary right to preempt State regulation in this area. 

18 As made clear at the Constitutional Convention and 

19 the State ratification debates that followed, this 

20 grant of congressional authority was meant to ‘‘in21 sure free and fair elections,’’ promote the uniform 

22 administration of Federal elections, and ‘‘preserve 

23 and restore to the people their equal and sacred 

24 rights of election.’’. 

25 (3) In the founding debates on the Elections 

26 Clause, many delegates also argued that a broad 


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1 grant of authority to Congress over Federal elections 

2 was necessary to check any ‘‘abuses that might be 

3 made of the discretionary power’’ to regulate the 

4 time, place, and manner of elections granted the 

5 States, including attempts at partisan entrenchment, 

6 malapportionment, and the exclusion of political mi7 norities. As the Supreme Court has recognized, the 

8 Elections Clause empowers Congress to ‘‘protect the 

9 elections on which its existence depends,’’ Ex parte 

10 Yarbrough, 110 U.S. 651, 658 (1884), and ‘‘protect 

11 the citizen in the exercise of rights conferred by the 

12 Constitution of the United States essential to the 

13 healthy organization of the government itself,’’ id. at 

14 666. 

15 (4) The Elections Clause grants Congress ‘‘ple16 nary and paramount jurisdiction over the whole sub17 ject’’ of Federal elections, Ex parte Siebold, 100 

18 U.S. 371, 388 (1879), allowing Congress to imple19 ment ‘‘a complete code for congressional elections.’’ 

20 Smiley v. Holm, 285 U.S. 355, 366 (1932). The 

21 Elections Clause, unlike, for example, the Commerce 

22 Clause, has been found to grant Congress the au23 thority to compel States to alter their regulations as 

24 to Federal elections, id. at 366–67, even if these al25 terations would impose additional costs on the 


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1 States to execute or enforce. Association of Commu2 nity Organizations for Reform Now v. Miller, 129 

3 F.3d 833 (6th Cir. 1997). 

4 (5) The phrase ‘‘manner of holding elections’’ 

5 in the Elections Clause has been interpreted by the 

6 Supreme Court to authorize Congress to regulate all 

7 aspects of the Federal election process, including 

8 ‘‘notices, registration, supervision of voting, protec9 tion of voters, prevention of fraud and corrupt prac10 tices, counting of votes, duties of inspectors and can11 vassers, and the making and publication of election 

12 returns.’’ Smiley v. Holm, 285 U.S. 355, 366 

13 (1932). 

14 (6) The Supreme Court has recognized the 

15 broad ‘‘substantive scope’’ of the Elections Clause 

16 and upheld Federal laws promulgated thereunder 

17 regulating redistricting, voter registration, campaign 

18 finance, primary elections, recounts, party affiliation 

19 rules, and balloting. 

20 (7) The authority of Congress under the Elec21 tions Clause also entails the power to ensure en22 forcement of its laws regulating Federal elections. 

23 ‘‘[I]f Congress has the power to make regulations, it 

24 must have the power to enforce them.’’ Ex parte 

25 Siebold, 100 U.S. 371, 387 (1879). The Supreme 


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1 Court has noted that there can be no question that 

2 Congress may impose additional penalties for of3 fenses committed by State officers in connection 

4 with Federal elections even if they differ from the 

5 penalties prescribed by State law for the same acts. 

6 Id. at 387–88. 

7 (8) The fair and impartial administration of 

8 Federal elections by State and local officials is cen9 tral to ‘‘the successful working of this government,’’ 

10 Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 

11 to ‘‘protect the act of voting . . . and the election 

12 itself from corruption or fraud,’’ id. at 661–62. 

13 (9) The Elections Clause thus grants Congress 

14 the authority to ensure that the administration of 

15 Federal elections is free of political bias or discrimi16 nation and that election officials are insulated from 

17 political influence or other forms of coercion in dis18 charging their duties in connection with Federal 

19 elections. 

20 (10) In some States, oversight of local election 

21 administrators has been allocated to State Election 

22 Boards, or special commissions formed by those 

23 boards, that are appointed by the prevailing political 

24 party in a State, as opposed to nonpartisan or elect25 ed office holders. 


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1 (11) In certain newly enacted State policies, 

2 these appointed statewide election administrators 

3 have been granted wide latitude to suspend or re4 move local election administrators in cases where the 

5 statewide election administrators identify whatever 

6 the State deems to be a violation. There is no re7 quirement that there be a finding of intent by the 

8 local election administrator to commit the violation. 

9 (12) Local election administrators across the 

10 country can be suspended or removed according to 

11 different standards, potentially exposing them to dif12 ferent political pressures or biases that could result 

13 in uneven administration of Federal elections. 

14 (13) The Elections Clause grants Congress the 

15 ultimate authority to ensure that oversight of State 

16 and local election administrators is fair and impar17 tial in order to ensure equitable and uniform admin18 istration of Federal elections. 

19 (b) RESTRICTION.— 

20 (1) STANDARD FOR REMOVAL OF A LOCAL

21 ELECTION ADMINISTRATOR.—A statewide election 

22 administrator may only suspend, remove, or relieve 

23 the duties of a local election administrator in the 

24 State with respect to the administration of an elecVerDate Sep 11 2014 00:40 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5046.IH H5046

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1 tion for Federal office for inefficiency, neglect of 

2 duty, or malfeasance in office. 

3 (2) PRIVATE RIGHT OF ACTION.— 

4 (A) IN GENERAL.—Any local election ad5 ministrator suspended, removed, or otherwise 

6 relieved of duties in violation of paragraph (1) 

7 with respect to the administration of an election 

8 for Federal office or against whom any pro9 ceeding for suspension, removal, or relief from 

10 duty in violation of paragraph (1) with respect 

11 to the administration of an election for Federal 

12 office may be pending, may bring an action in 

13 an appropriate district court of the United 

14 States for declaratory or injunctive relief with 

15 respect to the violation. Any such action shall 

16 name as the defendant the statewide election 

17 administrator responsible for the adverse ac18 tion. The district court shall, to the extent prac19 ticable, expedite any such proceeding. 

20 (B) STATUTE OF LIMITATIONS.—Any ac21 tion brought under this subsection must be 

22 commenced not later than 1 year after the date 

23 of the suspension, removal, relief from duties, 

24 or commencement of the proceeding to remove, 

25 suspend, or relieve the duties of a local election 


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1 administrator with respect to the administration 

2 of an election for Federal office. 

3 (3) ATTORNEY’S FEES.—In any action or pro4 ceeding under this subsection, the court may allow 

5 a prevailing plaintiff, other than the United States, 

6 reasonable attorney’s fees as part of the costs, and 

7 may include expert fees as part of the attorney’s fee. 

8 The term ‘‘prevailing plaintiff’’ means a plaintiff 

9 that substantially prevails pursuant to a judicial or 

10 administrative judgment or order, or an enforceable 

11 written agreement. 

12 (4) REMOVAL OF STATE PROCEEDINGS TO FED13 ERAL COURT.—A local election administrator who is 

14 subject to an administrative or judicial proceeding 

15 for suspension, removal, or relief from duty by a 

16 statewide election administrator with respect to the 

17 administration of an election for Federal office may 

18 remove the proceeding to an appropriate district 

19 court of the United States. Any order remanding a 

20 case to the State court or agency from which it was 

21 removed under this subsection shall be reviewable by 

22 appeal or otherwise. 

23 (5) RIGHT OF UNITED STATES TO INTER24 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 (c) REPORTS TO THE DEPARTMENT OF JUSTICE.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the suspension, removal, or relief of the duties of a 

11 local election administrator by a statewide election 

12 administrator, the Statewide election administrator 

13 shall submit to the Assistant Attorney General for 

14 the Civil Rights Divisions of the Department of Jus15 tice a report that includes the following information: 

16 (A) A statement that a local election ad17 ministrator was suspended, removed, or relieved 

18 of their duties. 

19 (B) Information on whether the local elec20 tion administrator was determined to be ineffi21 cient or to have engaged in neglect of duty or 

22 malfeasance in office. 

23 (C) A description of the effect that the 

24 suspension, removal, or relief of the duties of 

25 the local election administrator will have on— 


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1 (i) the administration of elections and 

2 voters in the election jurisdictions for 

3 which the local election official provided 

4 such duties; and 

5 (ii) the administration of elections and 

6 voters in the State at large. 

7 (D) Demographic information about the 

8 local election official suspended, removed, or re9 lieved and the jurisdictions for which such elec10 tion official was providing the duties suspended, 

11 removed, or relieved. 

12 (E) Such other information as requested 

13 by the Assistant Attorney General for the pur14 poses of determining— 

15 (i) whether such suspension, removal, 

16 or relief of duties was based on unlawful 

17 discrimination; and 

18 (ii) whether such suspension, removal, 

19 or relief of duties was due to inefficiency, 

20 neglect of duty, or malfeasance in office. 

21 (2) EXPEDITED REPORTING FOR ACTIONS

22 WITHIN 30 DAYS OF AN ELECTION.— 

23 (A) IN GENERAL.—If a suspension, re24 moval, or relief of duties of a local adminis25 trator described in paragraph (1) occurs during 


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1 the period described in subparagraph (B), the 

2 report required under paragraph (1) shall be 

3 submitted not later than 48 hours after such 

4 suspension, removal, or relief of duties. 

5 (B) PERIOD DESCRIBED.—The period de6 scribed in this subparagraph is any period 

7 which begins 60 days before the date of an elec8 tion for Federal office and which ends 60 days 

9 after such election. 

10 (d) DEFINITIONS.—In this section, the following defi11 nitions apply: 

12 (1) ELECTION.—The term ‘‘election’’ has the 

13 meaning given the term in section 301(1) of the 

14 Federal Election Campaign Act of 1971 (52 U.S.C. 

15 30101(1)). 

16 (2) FEDERAL OFFICE.—The term ‘‘Federal of17 fice’’ has the meaning given the term in section 

18 301(3) of the Federal Election Campaign Act of 

19 1971 (52 U.S.C. 30101(3)). 

20 (3) LOCAL ELECTION ADMINISTRATOR.—The 

21 term ‘‘local election administrator’’ means, with re22 spect to a local jurisdiction in a State, the individual 

23 or entity responsible for the administration of elec24 tions for Federal office in the local jurisdiction. 


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1 (4) STATEWIDE ELECTION ADMINISTRATOR.— 

2 The term ‘‘statewide election administrator’’ means, 

3 with respect to a State— 

4 (A) the individual or entity, including a 

5 State elections board, responsible for the ad6 ministration of elections for Federal office in 

7 the State on a statewide basis; or 

8 (B) a statewide legislative or executive en9 tity with the authority to suspend, remove, or 

10 relieve a local election administrator. 

11 (e) 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 SEC. 3. PROTECTIONS FOR VOTERS ON ELECTION DAY. 

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

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

18 is amended by inserting after section 303 the following 

19 new section: 

20 ‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 

21 ‘‘(a) REQUIREMENTS FOR CHALLENGES BY PERSONS

22 OTHER THAN ELECTION OFFICIALS.— 

23 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

24 person, other than a State or local election official, 

25 shall submit a formal challenge to an individual’s eliVerDate Sep 11 2014 00:40 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5046.IH H5046

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1 gibility to register to vote in an election for Federal 

2 office or to vote in an election for Federal office un3 less that challenge is supported by personal knowl4 edge with respect to each individual challenged re5 garding the grounds for ineligibility which is— 

6 ‘‘(A) documented in writing; and 

7 ‘‘(B) subject to an oath or attestation 

8 under penalty of perjury that the challenger has 

9 a good faith factual basis to believe that the in10 dividual who is the subject of the challenge is 

11 ineligible to register to vote or vote in that elec12 tion, except a challenge that is based on the 

13 race, color, ethnicity, national origin, or mem14 bership in a language minority group (as de15 fined in section 14 of the Voting Rights Act of 

16 1965 (52 U.S.C. 10310)) of the individual who 

17 is the subject of the challenge may not be con18 sidered to have a good faith factual basis for 

19 purposes of this paragraph. 

20 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

21 NEAR DATE OF ELECTION.—No person, other than 

22 a State or local election official, shall be permitted— 

23 ‘‘(A) to challenge an individual’s eligibility 

24 to vote in an election for Federal office on the 


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1 date of the election on grounds that could have 

2 been made in advance of such date; or 

3 ‘‘(B) to challenge an individual’s eligibility 

4 to register to vote in an election for Federal of5 fice or to vote in an election for Federal office 

6 less than 10 days before the election unless the 

7 individual registered to vote less than 20 days 

8 before the election. 

9 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

10 with respect to elections for Federal office occurring on 

11 and after January 1, 2024.’’. 

12 (b) CONFORMING AMENDMENT RELATING TO EN13 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

14 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 

15 303A’’. 

16 (c) CLERICAL AMENDMENT.—The table of contents 

17 of such Act is amended by inserting after the item relating 

18 to section 303 the following: 

‘‘Sec. 303A. Voter protection requirements.’’. 

Æ 


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