Ensuring Faith in Our Elections Act

To promote election integrity, voter confidence, and faith in elections by removing Federal impediments to, providing State tools for, and establishing voluntary considerations to support effective State administration of Federal elections and improving election administration in the District of Columbia, and for other purposes. 1. Short title This Act may be cited as the Ensuring Faith in Our Elections Act 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Findings Relating to Election Administration Sec. 101. Findings Relating to Election Administration. Title II—Voluntary Considerations for State Administration of Federal Elections Sec. 111. Short title. Sec. 112. Election integrity voluntary considerations. Title III—Requirements to Promote Integrity in Election Administration Sec. 121. Ensuring only eligible American citizens may participate in Federal elections. Sec. 122. State reporting requirements with respect to voter list maintenance. Sec. 123. Contents of State mail voter registration form. Sec. 124. Provision of photographic citizen voter identification tools for State use. Sec. 125. Confirming access for Congressional election observers. Sec. 126. Use of requirements payments for post-election audits. Sec. 127. Certain tax benefits and simplification with respect to election workers. Sec. 128. Voluntary guidelines with respect to nonvoting election technology. Sec. 129. Status reports by National Institute of Standards and Technology. Sec. 130. Requirements with respect to election mail. Sec. 131. Clarification of right of State to appeal decisions through duly authorized representative. Sec. 132. Federal agency involvement in voter registration activities. Sec. 133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting. Sec. 134. Clarification with respect to Federal election record-keeping requirement. Sec. 135. Clarification of rules with respect to hiring of election workers. Sec. 136. United States Postal Service coordination with States to ensure mailing addresses. Sec. 137. State defined. Title IV—District of Columbia Election Integrity and Voter Confidence Sec. 141. Short title. Sec. 142. Requirements for elections in District of Columbia. Sec. 143. Effective date. Title V—Administration of the Election Assistance Commission Sec. 151. Short title. Sec. 152. Findings relating to the administration of the Election Assistance Commission. Sec. 153. Requirements with respect to staff and funding of the Election Assistance Commission. Sec. 154. General requirements for payments made by Election Assistance Commission. Sec. 155. Executive Board of the Standards Board authority to enter into contracts. Sec. 156. Election Assistance Commission primary role in election administration. Title VI—Prohibition on Involvement in Elections by Foreign Nationals Sec. 161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections. Title VII—Constitutional Experts Panel with Respect to Presidential Elections Sec. 171. Short title. Sec. 172. Establishment of panel of constitutional experts. I Findings Relating to Election Administration 101. Findings Relating to Election Administration (a) Sense of Congress It is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause. (b) Findings Congress finds the following: (1) The Constitution reserves to the States the primary authority to set election legislation and administer elections—the times, places, and manner of holding of elections (2) The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal Government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal Government unable to respond. (3) Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members. (4) When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article 1, section 4. ( [C]onvention delegate James McHenry added that the risk to the Federal Government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election. An occasion may arise when the exercise of this ultimate power of Congress may be necessary . . . if a State should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other States, during the [Revolutionary] war). Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government. (5) John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a sinister purpose The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason. (6) In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required. (7) Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, [l]eading Federalists … … that, even without amendment, the [Elections] Clause should be construed as limited to emergencies Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence . . . that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any State shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same. Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence . . . That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this State shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.] (8) Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States. (9) This understanding was also reinforced by debate during the First Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies. (10) History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited. (11) Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections. (12) Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that Article 1, Section 4 of the Constitution reserved to the States the primary … authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of times, places and manner of holding elections (13) This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to . . . supplement these State regulations or [to] substitute its own[] a general supervisory power over the whole subject. (14) More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that [t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress. … imposes [upon the States] the duty . . . to prescribe the time, place, and manner of electing Representatives and Senators[.] [t]he power of Congress over the Times, Places, and Manner [E]very government ought to contain in itself the means of its own preservation[.] [A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs. (15) It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the Times, Places and Manner of Election (16) Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our nation’s elections. II Voluntary Considerations for State Administration of Federal Elections 111. Short title This title may be cited as the Voluntarily Offered Tools for Election Reforms by States Act VOTERS Act 112. Election integrity voluntary considerations (a) In general Subtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. (1) by redesignating section 247 as section 248; and (2) by inserting after section 246 the following new section: 247. Release of voluntary considerations by Standards Board with respect to election administration (a) In general The Standards Board shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States on what has worked and not worked and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider In releasing the voluntary considerations under subsection (a), the Standards Board shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; and (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines prior to the use of such machines in an election for Federal office, including education with respect to how such machines are tested for accuracy and logic. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (c) Release of voluntary considerations (1) Deadline for release Not later than 6 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements Not later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives and the chair and ranking minority member of the Committee on Rules and Administration of the Senate. (d) Use of requirements payments for implementation of voluntary considerations A State may use a requirements payment provided under this Act to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction Nothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or to treat compliance with such considerations as a defense against an alleged violation of such Act. . (b) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the item relating to section 247 as relating to section 248; and (2) by inserting after the item relating to section 246 the following new item: Sec. 247. Release of voluntary considerations by Standards Board with respect to election administration. . III Requirements to Promote Integrity in Election Administration 121. Ensuring only eligible American citizens may participate in Federal elections (a) Short title This section may be cited as the Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023 NO VOTE for Non-Citizens Act of 2023 (b) Findings; Sense of Congress (1) Findings Congress finds the following: (A) Every eligible person who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted. (B) Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence. (C) The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority. (D) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (E) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (F) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (G) Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on Federal voter registration lists. (H) Improper placement of an ineligible non-citizen on a Federal voter registration list leads to— (i) confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and (ii) an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections. (I) State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections. (J) A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount. (K) This clarification of State authority to maintain Federal voter registration lists to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes. (L) Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election. (M) Federal courts and executive agencies have much of the information States may need to maintain their Federal voter registration lists, and those entities should make that information accessible to State election authorities. (N) It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election. (O) To protect the confidence of voters in Federal elections, it is important to implement the policy described herein. (2) Sense of Congress It is the sense of Congress that— (A) many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (B) allowing non-citizens to cast ballots in American elections weakens our electoral system and the value of citizenship and sows distrust in our elections system; (C) even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections; (D) States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and (E) Congress may take further action in the future to address this problem. (c) Clarifying authority of States To remove noncitizens from voting rolls (1) Authority under regular removal programs Section 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) (A) by striking or (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) the registrant’s status as a noncitizen of the United States; or . (2) Conforming amendment relating to ongoing removal Section 8(c)(2)(B)(i) of such Act ( 52 U.S.C. 20507(c)(2)(B)(i) (4)(A) (4)(A) or (B) (d) Requirement To maintain separate State voter registration list for noncitizens Section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) (1) in paragraph (5)(B), by striking and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States. . (e) Requirements for ballots for State or local jurisdictions that allow noncitizen voting Section 301(a)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1) (D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote. . (f) Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting (1) In general Title IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting (a) In general Notwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities Notwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) 52 U.S.C. 21081(a)(1)(D) . (2) Clerical amendment The table of contents of such Act is amended by adding at the end the following new item: Sec. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting. . (g) Promoting provision of information by Federal entities (1) In general Each entity of the Federal Government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official. (2) Policies and procedures Consistent with section 3506(g) of title 44, United States Code, an entity of the Federal Government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis. (3) Conforming amendment relating to coverage under Privacy Act Section 552a(b) of title 5, United States Code, is amended— (A) by striking or (B) by striking the period at the end of paragraph (12) and inserting ; or (C) by adding at the end the following new paragraph: (13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act. . (h) Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship (1) Requirement described If a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal— (A) to the chief State election official of the State in which the individual resides; and (B) to the Attorney General. (2) Definitions For purposes of this subsection— (A) the chief State election official 52 U.S.C. 20509 (B) the term State (i) Prohibition on voting by noncitizens in Federal elections (1) In general Section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 (A) by striking A person (a) In general.— (B) by adding at the end the following new subsection: (b) Prohibition on voting by aliens (1) In general It shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code. (2) Penalties Any person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. . (2) Effective date This subsection and the amendments made by this subsection shall apply with respect to elections held on or after the date of the enactment of this Act. 122. State reporting requirements with respect to voter list maintenance Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (1) in subsection (i), by adding at the end the following: (3) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all registrants in a State who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria. ; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following new subsection: (j) Reporting requirements Not later than June 30 of each odd-numbered year, each State shall submit to the Election Assistance Commission a report that includes, with respect to such State during the preceding 2-year period, the total number of— (1) registrants who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria; (2) registrants who voted in at least one of the prior 2 consecutive general elections for Federal office; (3) registrants removed from the list of official voters in the State pursuant to subsection (d)(1)(B); (4) notices sent to registrants pursuant to subsection (d)(2); and (5) registrants who received a notice described in paragraph (4) who responded to such notice. . 123. Contents of State mail voter registration form (a) Short title This section may be cited as the State Instruction Inclusion Act (b) In general Section 6(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(a) (1) in paragraph (1), by inserting , except that a State may, in addition to the criteria stated in section 9(b), require that an applicant provide proof that the applicant is a citizen of the United States elections for Federal office (2) in paragraph (2), by inserting and such form may include a requirement that the applicant provide proof that the applicant is a citizen of the United States elections for Federal office 124. Provision of photographic citizen voter identification tools for State use (a) Short title This section may be cited as the Citizen Vote Protection Act (b) Findings; Sense of Congress (1) Findings Congress finds the following: (A) Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals. (B) As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), [v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights (C) As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”. (D) The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen. (E) Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that [t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes (F) Photographic voter identification is important for ensuring voter confidence in election processes and outcomes. (G) Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment. (H) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (I) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (J) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (2) Sense of Congress It is the sense of Congress that the States should implement the substance of the recommendation of the Carter-Baker Commission that, [t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005 (c) REAL ID Act Amendment (1) Amendment Section 202(b) of the Real ID Act of 2005 ( 49 U.S.C. 30301 (10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person. . (2) Applicability The amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date. (d) Rule of construction Nothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card. 125. Confirming access for Congressional election observers (a) Short title This section may be cited as the Confirmation of Congressional Observer Access Act of 2023 COCOA Act of 2023 (b) Findings relating to Congressional election observers Congress finds the following: (1) The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”. (2) While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect. (3) These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act. (4) In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives. (5) For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories. (6) These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons. (7) This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity. (c) Confirming requirement that States provide access Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Confirming access for Congressional election observers (a) Finding of Constitutional authority Congress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access A State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described In this section, a designated Congressional election observer . (d) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 and 303 303, and 304 (e) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following: Sec. 304. Confirming access for Congressional election observers. . 126. Use of requirements payments for post-election audits Section 251(b)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b)(1) , including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election requirements of title III 127. Certain tax benefits and simplification with respect to election workers (a) Short title This section may be cited as the Election Worker Employer Participation Act (b) Exclusion from gross income for certain election worker compensation (1) In general Part III of subchapter B of chapter 1 139I. Certain compensation of election workers (a) In general Gross income shall not include qualified election worker compensation. (b) Limitation The amount excludible from gross income under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv) for the calendar year in which such taxable year begins. (c) Qualified election worker compensation For purposes of this section, the term qualified election worker compensation . (2) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item: Sec. 139I. Certain compensation of election workers. . (c) Information reporting not required by reason of certain amounts excludible from gross income Section 6041 of such Code is amended by adding at the end the following new subsection: (h) Treatment of certain excludible compensation of election workers In the case of any payment by a State, political subdivision of a State, or any instrumentality of a State or any political subdivision thereof, for the service of an individual as an election official or election worker (within the meaning of section 3121(b)(7)(F)(iv)), the determination of whether the $600 threshold described in subsection (a) has been met with respect to such individual shall be determined by not taking into account— (1) any such payment which is qualified election worker compensation (as defined in section 139I(c)) which does not exceed the limitation described in section 139I(b), and (2) any such payment which is excludible from the gross income of such individual under section 127. . (d) Effective date The amendments made by this section shall apply to payments made after December 31, 2023, in taxable years ending after such date. 128. Voluntary guidelines with respect to nonvoting election technology (a) Short title This section may be cited as the Protect American Voters Act (b) Adoption of voluntary guidelines by Election Assistance Commission (1) Adoption of guidelines Title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq. E Voluntary Guidelines for Use of Nonvoting Election Technology 298. Adoption of voluntary guidelines by Commission (a) Adoption The Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review The Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption The adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines The Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025. 298A. Role of Standards Board and Local Leadership Council (a) Duties The Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance (1) Certain members of Technical Guidelines Development Committee The following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA The Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines. 298B. Use of payments to obtain or upgrade technology A State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants Public Law 116–93 298C. Nonvoting election technology defined In this subtitle, the term nonvoting election technology (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title II the following: Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology Sec. 298. Adoption of voluntary guidelines by Commission. Sec. 298A. Role of Standards Board and Local Leadership Council. Sec. 298B. Use of payments to obtain or upgrade technology. Sec. 298C. Nonvoting election technology defined. . (c) Treatment of technology used in most recent election Any nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)). 129. Status reports by National Institute of Standards and Technology Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 (e) Status reports by National Institute of Standards and Technology Not later than 60 days after the end of each fiscal year (beginning with 2023), the Director of the National Institute of Standards and Technology shall submit to Congress a status report describing— (1) the extent to which the Director carried out the Director’s responsibilities under this Act during the fiscal year, including the responsibilities imposed under this section and the responsibilities imposed with respect to the Technical Guidelines Development Committee under section 222, together with the Director’s best estimate of when the Director will completely carry out any responsibility which was not carried out completely during the fiscal year; and (2) the extent to which the Director carried out any projects requested by the Commission during the fiscal year, together with the Director’s best estimate of when the Director will complete any such project which the Director did not complete during the fiscal year. . 130. Requirements with respect to election mail (a) Short title This section may be cited as the Election Integrity Mail Reform Act of 2023 (b) Prioritizing election mail Title 39, United States Code, is amended by adding after chapter 36 the following: 37 Election and Political Mail Sec. 3701. Prioritization of processing and delivery of election mail. 3702. Use of nonprofit permit for cooperative mailings. 3703. Marking or notice on election mail. 3704. Application to Uniformed and Overseas Citizens Absentee Voting Act. 3701. Prioritization of processing and delivery of election mail (a) In general The Postal Service shall give priority to the processing and delivery of election mail. In carrying out this subsection, the Postal Service shall at a minimum— (1) deliver any election mail regardless of the amount of postage paid; (2) shall, to the greatest extent practicable, process and clear election mail from any postal facility each day; and (3) carry and deliver election mail expeditiously. (b) Election mail with insufficient postage In carrying out subsection (a)(1), the Postal Service shall process and deliver election mail with insufficient postage in the same manner as election mail with sufficient postage, but may collect insufficient postage after delivery of any election mail with insufficient postage. (c) Underfunded or overdrawn accounts The Postal Service shall process and deliver election mail, under the standards in place under subsection (a), sent from a customer using an account registered with the Postal Service (including a corporate account or an advance deposit account) even if such account is underfunded or overdrawn. Nothing in this section shall be construed to limit or otherwise prevent the Postal Service from seeking reimbursement from any person regarding unpaid postage. (d) Election mail defined In this chapter, the term election mail 3702. Use of nonprofit permit for cooperative mailings Notwithstanding any other law, rule, or regulation, a national, State, or local committee of a political party (as defined under the Federal Election Campaign Act of 1971) which is eligible to mail at the nonprofit rate may conduct a cooperative mailing at that nonprofit rate with a candidate, a candidate’s committee, or another committee of a political party, and may seek reimbursement from such a candidate, candidate’s committee, or committee of a political party for the costs of such mailing. 3703. Marking or notice on election mail (a) In general For the purposes of assisting election officials in processing election mail, the Postal Service shall place a marking or notice indicating that a piece of mail is election mail. (b) Requirements The Postal Service may determine the appropriate manner in which subsection (a) is carried out, but at a minimum such marking or notice shall— (1) be placed, as soon as practicable, at the time the election mail is received by the Postal Service, in a conspicuous and legible type or in a common machine-readable technology on the envelope or other cover in which the election mail is mailed; and (2) clearly demonstrate the date and time that such marking or noticed was so placed. (c) Rule of construction Nothing in this section may be construed as requiring any change to the processes and procedures used by the Postal Service with respect to Postal Service barcodes on envelopes carried or delivered by the Postal Service. 3704. Application to Uniformed and Overseas Citizens Absentee Voting Act This chapter shall not apply to balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act and nothing in this chapter shall be construed to alter or otherwise affect the operation of such Act or section 3406 of this title. . (c) Postmarking stamps Section 503 of title 18, United States Code, is amended— (1) by striking Whoever forges (a) (2) by striking or such impression thereof, or such impression thereof— (1) shall be fined under this title or imprisoned not more than five years, or both; or (2) if the impression from a postmarking stamp or impression thereof forged, counterfeited, used, sold, or possessed in violation of this section is applied to a mailed ballot for an election for Federal, State, or local office, shall be fined under this title or imprisoned not more than 10 years, or both. ; and (3) by adding at the end following new subsection: (a) Whoever, with the intent to falsify the date on which a postmark was applied, applies to a mailed ballot described in subsection (a)(2) a genuine postmark that bears a date other than the date on which such postmark was applied, shall be subject to the penalties set forth in such subsection. . 131. Clarification of right of State to appeal decisions through duly authorized representative Section 1254 of title 28, United States Code, is amended— (1) in paragraph (1), by striking the semicolon at the end and inserting a period; and (2) by adding at the end the following: (3) By appeal by a party (including the State as represented by any agent authorized as a party under State law) relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States, but such appeal shall preclude review by writ of certiorari at the instance of such appellant, and the review on appeal shall be restricted to the Federal questions presented. . 132. Federal agency involvement in voter registration activities (a) Short title This section may be cited as the Promoting Free and Fair Elections Act (b) Clarification of Federal agency involvement in voter registration activities Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect to the extent that it is inconsistent with section 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506 (c) Prohibiting promotion of voter registration by agencies (1) Agreements with nongovernmental organizations None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency. (2) Activities under Executive Order 14019 (A) Delay in implementation (i) Delay Except as provided in clause (ii), none of the funds made available for the salaries and expenses of an agency may be used to implement activities directed under Executive Order 14019 (86 Fed. Reg. 13623) until— (I) in the case of an agency that is required to submit a report to the appropriate congressional committees under subparagraph (B)(i), 180 days after the agency submits the report; or (II) in the case of an agency that is required to submit a report to the appropriate congressional committees under subparagraph (B)(ii), the date on which the agency submits the report. (ii) Exception Clause (i) shall not apply to any activity described in section 7(c) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(c) (B) Report Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees— (i) a copy of the strategic plan of the agency for promoting voter registration and voter participation under section 3(b) of Executive Order 14019 (86 Fed. Reg. 13623) that the agency developed or submitted to the Assistant to the President for Domestic Policy; or (ii) if the agency did not develop or submit a plan described in clause (i) to the Assistant to the President for Domestic Policy, a certification signed by the head of the agency that the agency did not develop or submit such a plan. (3) Effective date Except as provided in paragraph (2)(B), this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. (d) Additional report on voter registration and mobilization Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623). (e) Prohibiting voter registration and mobilization in Federal work-Study programs Section 443(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(1) (1) in subparagraph (C), by striking and (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) does not involve registering or mobilizing voters on or off the campus of the institution; and . (f) Definitions In this section: (1) Agency The term agency (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Rules and Administration of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on House Administration of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives. 133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting (a) Short title This section may be cited as the No Federal Funds for Ballot Harvesting Act (b) Findings Congress finds that— (1) the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States; (2) the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”; (3) the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election; (4) in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State; (5) ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and (6) the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)). (c) Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties (1) In general The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties (a) In general Notwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver (2) The term family member (3) The term household member . (2) Clerical amendment The table of contents of such Act is amended by adding at the end the following new item: Sec. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties. . 134. Clarification with respect to Federal election record-keeping requirement Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 including envelopes used to deliver voted ballots by mail (but excluding envelopes used to deliver blank ballots or absentee ballot requests or used for any purpose other than delivering voted ballots), requisite to voting in such election, 135. Clarification of rules with respect to hiring of election workers (a) Preferences for veterans and individuals with disabilities (1) Preferences In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability. (2) Individual with a disability defined In this subsection, an individual with a disability (b) Preference and waiver of residency requirement for spouses and dependents of absent military voters (1) Preference and waivers In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction— (A) may give preference to an individual who is a nonresident military spouse or dependent; and (B) may not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction. (2) Nonresident military spouse or dependent defined In this subsection, a nonresident military spouse or dependent 52 U.S.C. 20310(1)(C) 136. United States Postal Service coordination with States to ensure mailing addresses (a) In general Not later than 2 years after the date of the enactment of this Act, the Postmaster General shall, in coordination with the appropriate State executives of each State, carry out a program to identify and assign a mailing address to each home in each State that, as of the date of the enactment of this Act, does not have a mailing address assigned to such home, with a priority given to assigning mailing addresses to such homes located on Indian lands. (b) Definitions In this section: (1) Indian The term Indian 25 U.S.C. 5304 (2) Indian lands The term Indian lands (A) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. 43 U.S.C. 1602 43 U.S.C. 1602 (C) any land on which the seat of the Tribal Government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (3) Indian tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (4) State The term State 52 U.S.C. 21141 (5) Tribal government The term Tribal Government (c) Authorization of appropriations There is authorized to be appropriated $5,000,000 to carry out this section. 137. State defined Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 and the United States Virgin Islands the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands IV District of Columbia Election Integrity and Voter Confidence 141. Short title This title may be cited as the American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act 142. Requirements for elections in District of Columbia (a) Requirements described Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21801 et seq. C Requirements for Elections in District of Columbia 321. Statement of Congressional authority; findings Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the Government of the United States; and (2) under other enumerated powers granted to Congress. 322. Requirements for photo identification (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act (b) Requiring provision of identification To receive a ballot or vote (1) Individuals voting in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described An identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal Government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 20 U.S.C. 1001 (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals If the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs In the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books (1) Methods for obtaining photos (A) Provision of photos by offices of District of Columbia government If any office of the District of Columbia Government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person The election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions This section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions For the purposes of this section, the following definitions apply: (1) Indian tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (2) Tribal government The term Tribal Government 323. Requirements for voter registration (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act (b) Annual list maintenance (1) Requirements (A) In general The District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (B) Removal from voter rolls In the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing In the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election. 324. Ban on collection and transmission of ballots by certain third parties (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act (b) In general The District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver (2) The term family member (3) The term household member 325. Timely processing and reporting of results (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act (b) Time for processing ballots and reporting results The District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure to the greatest extent practicable that the results of such District of Columbia election are reported to the public not later than 10:00 am on the date following the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. (d) Requirements To ensure bipartisan election administration activity With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia. 326. Ban on noncitizen voting (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act (b) Ban on noncitizen voting No individual may vote in a District of Columbia election unless the individual is a citizen of the United States. 327. Requirements with respect to provisional ballots (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act (b) In general Except as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot. 328. Mandatory post-election audits (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act (b) Requirement for post-Election audits Not later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. 329. Public observation of election procedures (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives (1) Authority to observe procedures An individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described The authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials The chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers An individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals (1) Petition for observer credentials In addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described If the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers The chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions An election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out. 330. Requirements for voting by mail-in ballot (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act (b) Prohibiting transmission of unsolicited ballots The District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification (1) Inclusion of certificate with ballot The District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted Except as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure (1) Notice and opportunity to cure discrepancy in signatures If an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect If an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance (1) Deadline Except as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters Paragraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. (3) Rule of construction Nothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1). 331. Requirements with respect to use of drop boxes (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act (b) Requirements With respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia Government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election. 332. Special rule with respect to application of requirements to Federal elections With respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply. 333. District of Columbia election defined In this subtitle, the term District of Columbia election . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 , and the requirements of subtitle C with respect to the District of Columbia. (c) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Requirements for Elections in District of Columbia Sec. 321. Statement of Congressional authority; findings. Sec. 322. Requirements for photo identification. Sec. 323. Requirements for voter registration. Sec. 324. Ban on collection and transmission of ballots by certain third parties. Sec. 325. Timely processing and reporting of results. Sec. 326. Ban on noncitizen voting. Sec. 327. Requirements with respect to provisional ballots. Sec. 328. Mandatory post-election audits. Sec. 329. Public observation of election procedures. Sec. 330. Requirements for voting by mail-in ballot. Sec. 331. Requirements with respect to use of drop boxes. Sec. 332. Special rule with respect to application of requirements to Federal elections. Sec. 333. District of Columbia election defined. 143. Effective date The amendments made by this title shall apply with respect to District of Columbia elections held on or after January 1, 2024. For purposes of this section, the term District of Columbia election V Administration of the Election Assistance Commission 151. Short title This title may be cited as the Positioning the Election Assistance Commission for the Future Act of 2023 152. Findings relating to the administration of the Election Assistance Commission Congress finds the following: (1) The Election Assistance Commission best serves the American people when operating within its core statutory functions, including serving as a clearinghouse for information on election administration, providing grants, and testing and certifying election equipment. (2) The American people are best served when Federal agency election assistance is offered by a single agency with expertise in this space. The Election Assistance Commission, composed of four election experts from different political parties, is best situated among the Federal Government agencies to offer assistance services to citizens and to guide other Federal agencies that have responsibilities in the elections space. The Commission is also best suited to determine the timing of the issuance of any advisories and to disburse all appropriated election grant funding. (3) To this end, Congress finds that the Election Assistance Commission should be viewed as the lead Federal Government agency on all election administration matters, and other Federal agencies operating in this space should look to the Commission for guidance, direction, and support on election administration-related issues. 153. Requirements with respect to staff and funding of the Election Assistance Commission (a) Staff Section 204(a)(5) of the Help America Vote Act of 2002 ( 52 U.S.C. 20924(a)(5) of such additional personnel of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act (b) Funding Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 (1) by striking for each of the fiscal years 2003 through 2005 for each of the fiscal years 2023 through 2025 (2) by striking (but not to exceed $10,000,000 for each such year) (but not to exceed $25,000,000 for each such year) (c) Prohibition on certain use of funds (1) Prohibition None of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act ( 5 U.S.C. App. 2 (2) No effect on entities established by Help America Vote Act of 2002 Paragraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee. (d) Requirements with respect to compensation of members of the Commission Section 203(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 20923(d) (1) in paragraph (1), by striking at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code at an annual rate of basic pay equal to the amount of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule (2) in paragraph (2), by striking No member appointed Except as provided in paragraph (3), no member appointed (3) by adding at the end the following new paragraph: (3) Supplemental employment and compensation An individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and (B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1). . (e) Office of Inspector General Section 204 of the Help America Vote Act of 2002 ( 52 U.S.C. 20924 (f) Office of Inspector General The Inspector General of the Election Assistance Commission may appoint not more than 7 full-time equivalent employees to assist the Inspector General to carry out the duties and responsibilities under section 404 of title 5, United States Code, of whom 2 shall have primarily administrative duties and responsibilities. . (f) Effective date This section and the amendments made by this section shall take effect on October 1, 2022. 154. General requirements for payments made by Election Assistance Commission (a) Exclusive authority of Election Assistance Commission To make election administration payments to States No entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure, enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure. (b) Prohibiting use of payments for get-Out-the-Vote-Activity Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. 7 General Requirements for Payments 297. Prohibiting use of payments for get-out-the-vote-activity (a) Prohibition No payment made to a State or unit of local government by the Commission may be used for get-out-the-vote activity. (b) Definition In this section, the term get-out-the-vote activity . (c) Requiring disclaimer in communications Part 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section: 297A. Requiring communications funded by payments to include disclaimer (a) Requirement If a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or local government by the Commission, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act (b) Clear and conspicuous manner described A statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications In the case of a text or graphic communication, the statement— (A) appears in letters at least as large as the majority of the text in the communication (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications In the case of a video communication which also includes audio, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made both in— (i) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (ii) an audible format that meets the requirements of subparagraph (B). (4) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication In this section, the term public communication . (d) Clerical amendment The table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following: Part 7—General Requirements for Payments Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. Sec. 297A. Requiring communications funded by payments to include disclaimer. . (e) Effective date This section and the amendments made by this section shall apply with respect to payments made on or after the date of the enactment of this Act. 155. Executive Board of the Standards Board authority to enter into contracts Section 213(c) of the Help America Vote Act of 2002 ( 52 U.S.C. 20943(c) (5) Authority to enter into contracts The Executive Board of the Standards Board may, using amounts already made available to the Commission, enter into contracts to employ and retain no more than 2 individuals to enable the Standards Board to discharge its duties with respect to the examination and release of voluntary considerations with respect to the administration of elections for Federal offices by the States under section 247, except that— (A) no more than 1 individual from the same political party may be employed under such contracts at the same time; (B) the authority to enter into such contracts shall end on the earlier of the date of the release of the considerations or December 31, 2023; and (C) no additional funds may be appropriated to the Commission for the purposes of carrying out this paragraph. . 156. Election Assistance Commission primary role in election administration Except as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office. VI Prohibition on Involvement in Elections by Foreign Nationals 161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) Short title This section may be cited as the Keeping Foreign Money out of Ballot Measures Act of 2023 (b) In general Chapter 29 612. Foreign nationals making certain political contributions (a) Prohibition It shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) (b) Penalty Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined In this section, the term foreign national 52 U.S.C. 30121(b) . (c) Clerical amendment The table of sections for chapter 29 612. Foreign nationals making certain political contributions. . (d) Effective Date The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act. 162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections (a) Prohibition Section 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) (1) by striking or (2) by striking the period at the end of paragraph (2) and inserting : or (3) by adding at the end the following new paragraph: (3) a person to knowingly help or assist a foreign national in violating this subsection. . (b) Effective date The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act. VII Constitutional Experts Panel with Respect to Presidential Elections 171. Short title This title may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act 172. Establishment of panel of constitutional experts (a) Establishment There is established the Twentieth Amendment Section Four Panel Panel (b) Membership (1) In general The Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel. (c) Purpose The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. (d) Reports (1) Initial report Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations. (e) Meetings; information (1) In general Meetings of the Panel shall be held at the Law Library of Congress. (2) Information The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section. (f) Funds (1) Compensation of members Members of the Panel shall receive no compensation. (2) Other funding No amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e). (g) Termination (1) In general The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.

Summary: Ensuring Faith in Our Elections ActThis bill addresses the administration of elections.Specifically, the bill directs the Standards Board of the Election Assistance Commission (EAC) to release voluntary considerations from states with respect to the administration of federal elections.The bill establishes additional requirements related to noncitizens and voting. For example, the bill (1) requires states to make reasonable efforts to remove noncitizens from the official eligible voter lists, and (2) reduces election assistance payments to states and local jurisdictions that allow noncitizens to vote.Additionally, the billrequires states to provide designated congressional election observers with full access to observe the administration procedures of federal elections;excludes from gross income, for income tax purposes, certain compensation of election workers;establishes certain requirements related to election mail;prohibits federal agencies from using funds made available for salaries and expenses to solicit or enter into agreements with nongovernmental organizations to conduct voter registration or voter mobilization activities on the agency's property or website;  prohibits federal funds for election administration for states that allow ballot harvesting, with exceptions;establishes various requirements for elections in the District of Columbia;makes various changes to the EAC; andprohibits foreign nationals from making contributions or donations in connection with state or local ballot initiatives or referenda.The bill also establishes the Twentieth Amendment Section Four Panel, which must recommend to Congress model legislation to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election.