Preventing Election Subversion Act of 2023

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. Short title This Act may be cited as the Preventing Election Subversion Act of 2023 2. Restrictions on removal of local election administrators in administration of elections for Federal office (a) Findings Congress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution of the United States, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution of the United States to contain words of great latitude, insure free and fair elections, preserve and restore to the people their equal and sacred rights of election. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any abuses that might be made of the discretionary power protect the elections on which its existence depends, protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself, (4) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject a complete code for congressional elections. (5) The phrase manner of holding elections notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns. (6) The Supreme Court has recognized the broad substantive scope (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. [I]f Congress has the power to make regulations, it must have the power to enforce them. (8) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government, protect the act of voting . . . and the election itself from corruption or fraud, (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. (b) Restriction (1) Standard for removal of a local election administrator A statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for inefficiency, neglect of duty, or malfeasance in office. (2) Private right of action (A) In general Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations Any action brought under this subsection must be commenced not later than 1 year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney’s fees In any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff (4) Removal of State proceedings to Federal court A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of United States to intervene (A) Notice to Attorney General Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review In reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator. (c) Reports to the Department of Justice (1) In general Not later than 30 days after the suspension, removal, or relief of the duties of a local election administrator by a statewide election administrator, the Statewide election administrator shall submit to the Assistant Attorney General for the Civil Rights Divisions of the Department of Justice a report that includes the following information: (A) A statement that a local election administrator was suspended, removed, or relieved of their duties. (B) Information on whether the local election administrator was determined to be inefficient or to have engaged in neglect of duty or malfeasance in office. (C) A description of the effect that the suspension, removal, or relief of the duties of the local election administrator will have on— (i) the administration of elections and voters in the election jurisdictions for which the local election official provided such duties; and (ii) the administration of elections and voters in the State at large. (D) Demographic information about the local election official suspended, removed, or relieved and the jurisdictions for which such election official was providing the duties suspended, removed, or relieved. (E) Such other information as requested by the Assistant Attorney General for the purposes of determining— (i) whether such suspension, removal, or relief of duties was based on unlawful discrimination; and (ii) whether such suspension, removal, or relief of duties was due to inefficiency, neglect of duty, or malfeasance in office. (2) Expedited reporting for actions within 30 days of an election (A) In general If a suspension, removal, or relief of duties of a local administrator described in paragraph (1) occurs during the period described in subparagraph (B), the report required under paragraph (1) shall be submitted not later than 48 hours after such suspension, removal, or relief of duties. (B) Period described The period described in this subparagraph is any period which begins 60 days before the date of an election for Federal office and which ends 60 days after such election. (d) Definitions In this section, the following definitions apply: (1) Election The term election 52 U.S.C. 30101(1) (2) Federal office The term Federal office 52 U.S.C. 30101(3) (3) Local election administrator The term local election administrator (4) Statewide election administrator The term statewide election administrator (A) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (B) a statewide legislative or executive entity with the authority to suspend, remove, or relieve a local election administrator. (e) Rule of construction Nothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State. 3. Protections for voters on Election Day (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. 303A. Voter protection requirements (a) Requirements for challenges by persons other than election officials (1) Requirements for challenges No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge that is based on the race, color, ethnicity, national origin, or membership in a language minority group (as defined in section 14 of the Voting Rights Act of 1965 ( 52 U.S.C. 10310 (2) Prohibition on challenges on or near date of election No person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2024. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 and 303 303, and 303A (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements. .

Summary: Preventing Election Subversion Act of 2023 This bill prohibits the removal or suspension of local election administrators except for specified reasons and sets forth additional requirements for federal elections. Specifically, the bill restricts the ability of a statewide election administrator to remove a local election administrator. A statewide election administrator may suspend, remove, or relieve the duties of a local election administrator only for inefficiency, neglect of duty, or malfeasance while in office. Further, the bill directs statewide election administrators to report any removals or suspensions of local election administrators to the Department of Justice. The bill also establishes certain requirements for challenging an individual's eligibility to register to vote or vote in federal elections. In particular, the bill prohibits any person (other than an election official) from challenging an individual's voting eligibility unless the challenge is supported by personal knowledge.