202 
(2) by striking ‘‘(but not to exceed $10,000,000 
for each such year)’’. 
SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS 
OF ELECTION ASSISTANCE COMMISSION. 
(a) ASSESSMENT
OF INFORMATION TECHNOLOGY 
AND CYBERSECURITY.—Not later than June 30, 2024, 
the Election Assistance Commission shall carry out an as-
sessment of the security and effectiveness of the Commis-
sion’s information technology systems, including the cy-
bersecurity of such systems. 
(b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT 
PROCEDURES.— 
(1) REVIEW
OF
PROCEDURES.—The Election 
Assistance Commission shall carry out a review of 
the effectiveness and efficiency of the State-based 
administrative complaint procedures established and 
maintained under section 402 of the Help America 
Vote Act of 2002 (52 U.S.C. 21112) for the inves-
tigation and resolution of allegations of violations of 
title III of such Act. 
(2) RECOMMENDATIONS TO STREAMLINE PRO-
CEDURES.—Not later than June 30, 2024, the Com-
mission shall submit to Congress a report on the re-
view carried out under paragraph (1), and shall in-
clude in the report such recommendations as the 
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Commission considers appropriate to streamline and 
improve the procedures which are the subject of the 
review. 
SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSIST-
ANCE COMMISSION FROM CERTAIN GOVERN-
MENT CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—Section 205 of the Help America 
Vote Act of 2002 (52 U.S.C. 20925) is amended by strik-
ing subsection (e). 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to contracts entered 
into by the Election Assistance Commission on or after 
the date of enactment of this Act. 
PART 3—MISCELLANEOUS PROVISIONS 
SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OF-
FICE. 
(a) DEFINITION.—Title IX of the Help America Vote 
Act of 2002 (52 U.S.C. 21141 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 
‘‘For purposes of titles I through III, the term ‘elec-
tion for Federal office’ means a general, special, primary, 
or runoff election for the office of President or Vice Presi-
dent, or of Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress.’’. 
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204 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to title IX the following new item: 
‘‘Sec. 907. Election for Federal office defined.’’. 
SEC. 1622. NO EFFECT ON OTHER LAWS. 
(a) IN GENERAL.—Except as specifically provided, 
nothing in this title may be construed to authorize or re-
quire conduct prohibited under any of the following laws, 
or to supersede, restrict, or limit the application of such 
laws: 
(1) The Voting Rights Act of 1965 (52 U.S.C. 
10301 et seq.). 
(2) The Voting Accessibility for the Elderly and 
Handicapped Act (52 U.S.C. 20101 et seq.). 
(3) The Uniformed and Overseas Citizens Ab-
sentee Voting Act (52 U.S.C. 20301 et seq.). 
(4) The National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.). 
(5) The Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
(6) The Rehabilitation Act of 1973 (29 U.S.C. 
701 et seq.). 
(b) NO EFFECT ON PRECLEARANCE OR OTHER RE-
QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap-
proval by any person of a payment or grant application 
under this title, or any other action taken by any person 
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205 
under this title, shall not be considered to have any effect 
on requirements for preclearance under section 5 of the 
Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 
requirements of such Act. 
(c) NO EFFECT ON AUTHORITY OF STATES TO PRO-
VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 
in this title or the amendments made by this title may 
be construed to prohibit any State from enacting any law 
which provides greater opportunities for individuals to reg-
ister to vote and to vote in elections for Federal office than 
are provided by this title and the amendments made by 
this title. 
SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES 
WITHOUT VOTER REGISTRATION. 
To the extent that any provision of this title or any 
amendment made by this title imposes a requirement on 
a State relating to registering individuals to vote in elec-
tions for Federal office, such provision shall not apply in 
the case of any State in which, under law that is in effect 
continuously on and after the date of enactment of this 
Act, there is no voter registration requirement for any 
voter in the State with respect to an election for Federal 
office. 
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SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES 
WHICH DO NOT COLLECT TELEPHONE INFOR-
MATION. 
(a) AMENDMENT TO HELP AMERICA VOTE ACT OF 
2002.—Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by 
section 1031(a), section 1044(a), section 1101(a), section 
1102(a), section 1103(a), section 1104(a), section 
1201(a), section 1301(a), section 1302(a), section 
1303(b), section 1305(a), section 1606(a)(1), and section 
1607(a), is amended— 
(1) by redesignating sections 317 and 318 as 
sections 318 and 319, respectively; and 
(2) by inserting after section 316 the following 
new section: 
‘‘SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO 
STATES WHICH DO NOT COLLECT TELE-
PHONE INFORMATION. 
‘‘(a) IN GENERAL.—To the extent that any provision 
of this title imposes a requirement on a State or jurisdic-
tion relating to contacting voters by telephone, such provi-
sion shall not apply in the case of any State which continu-
ously on and after the date of enactment of this Act, does 
not collect telephone numbers for voters as part of voter 
registration in the State with respect to an election for 
Federal office. 
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‘‘(b) EXCEPTION.—Subsection (a) shall not apply in 
any case in which the voter has voluntarily provided tele-
phone information.’’. 
(b) CLERICAL AMENDMENTS.—The table of contents 
of such Act, as amended by section 1031(c), section 
1044(b), section 1101(c), section 1102(c), section 
1103(a), section 1104(c), section 1201(c), section 
1301(a), section 1302(a), section 1303(b), section 
1305(a), section 1606(a)(3), and section 1607(b), is 
amended— 
(1) by redesignating the items relating to sec-
tions 317 and 318 as relating to sections 318 and 
319, respectively; and 
(2) by inserting after the item relating to sec-
tion 316 the following new item: 
‘‘Sec. 317. Application of certain provisions to States which do not collect tele-
phone information.’’. 
Subtitle H—Democracy Restoration 
SEC. 1701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Democracy Res-
toration Act of 2023’’. 
SEC. 1702. FINDINGS. 
Congress makes the following findings: 
(1) The right to vote is the most basic constitu-
tive act of citizenship. Regaining the right to vote 
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208 
reintegrates individuals with criminal convictions 
into free society, helping to enhance public safety. 
(2) Article I, section 4, of the Constitution 
grants Congress ultimate supervisory power over 
Federal elections, an authority which has repeatedly 
been upheld by the United States Supreme Court. 
(3) Basic constitutional principles of fairness 
and equal protection require an equal opportunity 
for citizens of the United States to vote in Federal 
elections. The right to vote may not be abridged or 
denied by the United States or by any State on ac-
count of race, color, gender, or previous condition of 
servitude. The Thirteenth, Fourteenth, Fifteenth, 
Nineteenth, 
Twenty-fourth, 
and 
Twenty-sixth 
Amendments to the Constitution empower Congress 
to enact measures to protect the right to vote in 
Federal elections. The Eighth Amendment to the 
Constitution provides for no excessive bail to be re-
quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 
(4) There are 3 areas in which discrepancies in 
State laws regarding criminal convictions lead to un-
fairness in Federal elections— 
(A) the lack of a uniform standard for vot-
ing in Federal elections leads to an unfair dis-
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209 
parity and unequal participation in Federal 
elections based solely on where a person lives; 
(B) laws governing the restoration of vot-
ing rights after a criminal conviction vary 
throughout the country and persons in some 
States can easily regain their voting rights 
while in other States persons effectively lose 
their right to vote permanently; and 
(C) State disenfranchisement laws dis-
proportionately impact racial and ethnic minori-
ties. 
(5) State disenfranchisement laws vary widely. 
Two States (Maine and Vermont) and the Common-
wealth of Puerto Rico do not disenfranchise individ-
uals with criminal convictions at all. In 2020, the 
District of Columbia re-enfranchised its citizens who 
are under the supervision of the Federal Bureau of 
Prisons. Twenty-five States disenfranchise certain 
individuals on felony probation or parole. During 
2023, lawmakers in Minnesota and New Mexico ex-
panded voting rights to citizens on felony probation 
and parole. In 11 States, a conviction for certain of-
fenses can result in lifetime disenfranchisement. 
(6) Several States deny the right to vote to in-
dividuals convicted of certain misdemeanors. 
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210 
(7) In 2022, over 4,600,000 citizens of the 
United States, or about 1 in 50 adults in the United 
States, could not vote as a result of a felony convic-
tion. Of the 4,600,000 citizens barred from voting 
then, only 23 percent were in prison or jail. By con-
trast, 75 percent of persons disenfranchised then re-
sided in their communities while on probation or pa-
role or after having completed their sentences. Ap-
proximately 2,200,000 citizens who had completed 
their sentences were disenfranchised due to restric-
tive State laws. Over 930,000 Floridians who com-
pleted their sentence remain disenfranchised because 
of a pay-to-vote requirement that was enacted by 
Florida lawmakers in 2019 to undermine the impact 
of a 2018 ballot initiative that eliminated the life-
time ban for persons with certain felony convictions. 
In 3 States—Alabama, Mississippi, and Tennessee— 
more than 8 percent of the total population is 
disenfranchised. 
(8) In those States that disenfranchise individ-
uals post-sentence, the right to vote can be regained 
in theory, but in practice this possibility is often 
granted in a non-uniform and potentially discrimina-
tory manner. Disenfranchised individuals sometimes 
must either obtain a pardon or an order from the 
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211 
Governor or an action by the parole or pardon 
board, depending on the offense and State. Financial 
restrictions may also inhibit individuals who have 
completed their sentences from re-enfranchisement. 
Individuals convicted of a Federal offense often have 
additional barriers to regaining voting rights. 
(9) Many felony disenfranchisement laws today 
derive directly from post-Civil War efforts to stifle 
the Fourteenth and Fifteenth Amendments. Between 
1865 and 1880, at least 14 States—Alabama, Ar-
kansas, Colorado, Florida, Georgia, Illinois, Mis-
sissippi, Missouri, Nebraska, New York, North Caro-
lina, South Carolina, Tennessee, and Texas—en-
acted or expanded their felony disenfranchisement 
laws. One of the primary goals of these laws was to 
prevent African Americans from voting. Of the 
States that enacted or expanded their felony dis-
enfranchisement laws during this post-Civil War pe-
riod, at least 11 continue to preclude persons on fel-
ony probation or parole from voting. 
(10) State disenfranchisement laws dispropor-
tionately impact racial and ethnic minorities. In re-
cent years, African Americans have been imprisoned 
at over 5 times the rate of Whites. More than 6 per-
cent of the voting-age African-American population, 
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212 
or 1,800,000 African Americans, are disenfranchised 
due to a felony conviction. In 9 States—Alabama 
(16 percent), Arizona (13 percent), Florida (15 per-
cent), Kentucky (15 percent), Mississippi (16 per-
cent), South Dakota (14 percent), Tennessee (21 
percent), Virginia (16 percent), and Wyoming (36 
percent)—more than 1 in 8 African Americans are 
unable to vote because of a felony conviction, twice 
the national average for African Americans. 
(11) Latino citizens are also disproportionately 
disenfranchised based upon their disproportionate 
representation in the criminal justice system. Al-
though data on ethnicity in correctional populations 
are unevenly reported and undercounted in some 
States, a conservative estimate is that at least 
506,000 Latino Americans or 1.7 percent of the vot-
ing-age population are disenfranchised. In 31 States 
Latinos are disenfranchised at a higher rate than 
the general population. In Arizona and Tennessee 
over 6 percent of Latino voters are disenfranchised 
due to a felony conviction. 
(12) Women have been significantly impacted 
by mass incarceration since the early 1980s. Ap-
proximately 1,000,000 women were disenfranchised 
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213 
in 2022, comprising over 20 percent of the total 
disenfranchised population. 
(13) Disenfranchising citizens who have been 
convicted of a criminal offense and who are living 
and working in the community serves no compelling 
State interest and hinders their rehabilitation and 
reintegration into society. Models of successful re- 
entry for persons convicted of a crime emphasize the 
importance of community ties, feeling vested and in-
tegrated, and prosocial attitudes. Individuals with 
criminal convictions who succeed in avoiding recidi-
vism are typically more likely to see themselves as 
law-abiding members of the community. Restoration 
of voting rights builds those qualities and facilitates 
reintegration into the community. That is why allow-
ing citizens with criminal convictions who are living 
in a community to vote is correlated with a lower 
likelihood of recidivism. Restoration of voting rights 
thus reduces violence and protects public safety. 
(14) State disenfranchisement laws can sup-
press electoral participation among eligible voters by 
discouraging voting among family and community 
members of disenfranchised persons. Future elec-
toral participation by the children of disenfranchised 
parents may be impacted as well. 
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214 
(15) The United States is one of the only West-
ern democracies that permits the permanent denial 
of voting rights for individuals with felony convic-
tions. 
(16) The Eighth Amendment’s prohibition on 
cruel and unusual punishments ‘‘guarantees individ-
uals the right not to be subjected to excessive sanc-
tions’’. (Roper v. Simmons, 543 U.S. 551, 560 
(2005)). That right stems from the basic precept of 
justice ‘‘that punishment for crime should be grad-
uated and proportioned to [the] offense’’. Id. 
(quoting Weems v. United States, 217 U.S. 349, 
367 (1910)). As the Supreme Court has long recog-
nized, ‘‘[t]he concept of proportionality is central to 
the Eighth Amendment’’. (Graham v. Florida, 560 
U.S. 48, 59 (2010)). Many State disenfranchisement 
laws are grossly disproportional to the offenses that 
lead to disenfranchisement and thus violate the bar 
on cruel and unusual punishments. For example, a 
number of States mandate lifetime disenfranchise-
ment for a single felony conviction or just two felony 
convictions, even where the convictions were for non- 
violent offenses. In numerous other States, dis-
enfranchisement can last years or even decades while 
individuals remain on probation or parole, often only 
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215 
because a person cannot pay their legal financial ob-
ligations. These kinds of extreme voting bans run 
afoul of the Eighth Amendment. 
(17) The Twenty-Fourth Amendment provides 
that the right to vote ‘‘shall not be denied or 
abridged by the United States or any State by rea-
son of failure to pay any poll tax or other tax’’. Sec-
tion 2 of the Twenty-Fourth Amendment gives Con-
gress the power to enforce this article by appropriate 
legislation. Court fines and fees that individuals 
must pay to have their voting rights restored con-
stitute an ‘‘other tax’’ for purposes of the Twenty- 
Fourth Amendment. At least five States explicitly 
require the payment of fines and fees before individ-
uals with felony convictions can have their voting 
rights restored. More than 20 other States effec-
tively tie the right to vote to the payment of fines 
and fees, by requiring that individuals complete their 
probation or parole before their rights are restored. 
In these States, the non-payment of fines and fees 
is a basis on which probation or parole can be ex-
tended. Moreover, these States sometimes do not 
record the basis on which an individual’s probation 
or parole was extended, making it impossible to de-
termine from the State’s records whether non-pay-
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216 
ment of fines and fees is the reason that an indi-
vidual remains on probation or parole. For these 
reasons, the only way to ensure that States do not 
deny the right to vote based solely on non-payment 
of fines and fees is to prevent States from condi-
tioning voting rights on the completion of probation 
or parole. 
SEC. 1703. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 1704. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this subtitle. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A person who is aggrieved 
by a violation of this subtitle may provide written 
notice of the violation to the chief election official of 
the State involved. 
(2) RELIEF.—Except as provided in paragraph 
(3), if the violation is not corrected within 90 days 
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219 
(2) that such individual has the right to vote in an 
election for Federal office pursuant to the Democ-
racy Restoration Act of 2023 and may register to 
vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given— 
(i) in the case of an individual who is 
sentenced to serve only a term of proba-
tion, by the Assistant Director for the Of-
fice of Probation and Pretrial Services of 
the Administrative Office of the United 
States Courts on the date on which the in-
dividual is sentenced; or 
(ii) in the case of any individual com-
mitted to the custody of the Bureau of 
Prisons, by the Director of the Bureau of 
Prisons, during the period beginning on 
the date that is 6 months before such indi-
vidual is released and ending on the date 
such individual is released from the cus-
tody of the Bureau of Prisons. 
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220 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a court established by an Act of Congress. 
SEC. 1706. DEFINITIONS. 
For purposes of this subtitle: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) ELECTION.—The term ‘‘election’’ means— 
(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
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221 
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
(D) supervision of the individual by an of-
ficer of the court. 
SEC. 1707. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this Act shall be construed to prohibit any 
State from enacting any State law which affords the right 
to vote in any election for Federal office on terms less 
restrictive than those established by this Act. 
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222 
(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this subtitle are in addition to all 
other rights and remedies provided by law, and neither 
rights and remedies established by this subtitle shall su-
persede, restrict, or limit the application of the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the Na-
tional Voter Registration Act (52 U.S.C. 20501), or the 
Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). 
SEC. 1708. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
prison, jail, or other place of incarceration, any Federal 
funds unless that State, unit of local government, or per-
son— 
(1) is in compliance with section 1703; and 
(2) has in effect a program under which each 
individual incarcerated in that person’s jurisdiction 
who is a citizen of the United States is notified, 
upon release from such incarceration, of that indi-
vidual’s rights under section 1703. 
SEC. 1709. EFFECTIVE DATE. 
This subtitle shall apply to citizens of the United 
States voting in any election for Federal office held on 
or after the date of enactment of this Act. 
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223 
Subtitle I—Voter Identification and 
Allowable Alternatives 
SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION. 
(a) REQUIREMENT TO PROVIDE IDENTIFICATION AS 
CONDITION OF RECEIVING BALLOT.—Section 303 of the 
Help America Vote Act of 2002 (52 U.S.C. 21083) is 
amended by redesignating subsections (c) and (d) as sub-
sections (d) and (e), respectively, and by inserting after 
subsection (b) the following new subsection: 
‘‘(c) VOTER IDENTIFICATION REQUIREMENTS.— 
‘‘(1) VOTER
IDENTIFICATION
REQUIREMENT 
DEFINED.—For purposes of this subsection: 
‘‘(A) IN GENERAL.—The term ‘voter iden-
tification requirement’ means any requirement 
that an individual desiring to vote in person in 
an election for Federal office present identifica-
tion as a requirement to receive or cast a ballot 
in person in such election. 
‘‘(B) EXCEPTION.—Such term does not in-
clude any requirement described in subsection 
(b)(2)(A) as applied with respect to an indi-
vidual described in subsection (b)(1). 
‘‘(2) IN GENERAL.—If a State or local jurisdic-
tion has a voter identification requirement, the State 
or local jurisdiction— 
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‘‘(A) shall treat any applicable identifying 
document as meeting such voter identification 
requirement; 
‘‘(B) notwithstanding the failure to present 
an applicable identifying document, shall treat 
an individual desiring to vote in person in an 
election for Federal office as meeting such voter 
identification requirement if— 
‘‘(i) the individual presents the appro-
priate State or local election official with a 
sworn written statement, signed in the 
presence of the official by an adult who 
has known the individual for not less than 
6 months under penalty of perjury, attest-
ing to the individual’s identity; 
‘‘(ii) the official has known the indi-
vidual for at least six months; or 
‘‘(iii) in the case of a resident of a 
State-licensed care facility, an employee of 
the facility confirms the individual’s iden-
tity; and 
‘‘(C) shall permit any individual desiring to 
vote in an election for Federal office who does 
not present an applicable identifying document 
required under subparagraph (A) or qualify for 
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an exception under subparagraph (B) to cast a 
provisional ballot with respect to the election 
under section 302(a) in accordance with para-
graph (3). 
‘‘(3) RULES FOR PROVISIONAL BALLOT.— 
‘‘(A) IN
GENERAL.—An individual may 
cast a provisional ballot pursuant to paragraph 
(2)(C) so long as the individual presents the ap-
propriate State or local election official with a 
sworn written statement, signed by the indi-
vidual under penalty of perjury, attesting to the 
individual’s identity. 
‘‘(B) PROHIBITION
ON
OTHER
REQUIRE-
MENTS.—Except as otherwise provided this 
paragraph, a State or local jurisdiction may not 
impose any other additional requirement or con-
dition with respect to the casting of a provi-
sional ballot by an individual described in para-
graph (2)(C). 
‘‘(C) COUNTING
OF
PROVISIONAL
BAL-
LOT.—In the case of a provisional ballot cast 
pursuant to paragraph (2)(C), the appropriate 
State or local election official shall not make a 
determination under section 302(a)(4) that the 
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individual is eligible under State law to vote in 
the election unless— 
‘‘(i) the official determines that the 
signature on such statement matches the 
signature of such individual on the official 
list of registered voters in the State or 
other official record or document used by 
the State to verify the signatures of voters; 
or 
‘‘(ii) not later than 10 days after cast-
ing the provisional ballot, the individual 
presents an applicable identifying docu-
ment, either in person or by electronic 
methods, to the official and the official 
confirms the individual is the person iden-
tified on the applicable identifying docu-
ment. 
‘‘(D) NOTICE AND OPPORTUNITY TO CURE 
DISCREPANCY IN SIGNATURES OR OTHER DE-
FECTS ON PROVISIONAL BALLOTS.— 
‘‘(i) NOTICE
AND
OPPORTUNITY
TO 
CURE
DISCREPANCY
IN
SIGNATURES.—If 
an individual casts a provisional ballot 
under this paragraph and the appropriate 
State or local election official determines 
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that a discrepancy exists between the sig-
nature on such ballot and the signature of 
such individual on the official list of reg-
istered voters in the State or other official 
record or document used by the State to 
verify the signatures of voters, such elec-
tion official, prior to making a final deter-
mination as to the validity of such ballot, 
shall— 
‘‘(I) as soon as practical, but not 
later than the next business day after 
such determination is made, make a 
good faith effort to notify the indi-
vidual by mail, telephone, and (if 
available) text message and electronic 
mail that— 
‘‘(aa) a discrepancy exists 
between the signature on such 
ballot and the signature of the 
individual on the official list of 
registered voters in the State or 
other official record or document 
used by the State to verify the 
signatures of voters; and 
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228 
‘‘(bb) if such discrepancy is 
not cured prior to the expiration 
of the third day following the 
State’s deadline for receiving 
mail-in ballots or absentee bal-
lots, such ballot will not be 
counted; and 
‘‘(II) cure such discrepancy and 
count the ballot if, prior to the expira-
tion of the third day following the 
State’s deadline for receiving mail-in 
ballots or absentee ballots, the indi-
vidual provides the official with infor-
mation to cure such discrepancy, ei-
ther in person, by telephone, or by 
electronic methods. 
‘‘(ii) NOTICE AND OPPORTUNITY TO 
CURE OTHER DEFECTS.—If an individual 
casts a provisional ballot under this para-
graph with a defect which, if left uncured, 
would cause the ballot to not be counted, 
the appropriate State or local election offi-
cial, prior to making a final determination 
as to the validity of the ballot, shall— 
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229 
‘‘(I) as soon as practical, but not 
later than the next business day after 
such determination is made, make a 
good faith effort to notify the indi-
vidual by mail, telephone, and (if 
available) text message and electronic 
mail that— 
‘‘(aa) the ballot has some 
defect; and 
‘‘(bb) if the individual does 
not cure the other defect prior to 
the expiration of the third day 
following the State’s deadline for 
receiving mail-in ballots or absen-
tee ballots, such ballot will not be 
counted; and 
‘‘(II) count the ballot if, prior to 
the expiration of the third day fol-
lowing the State’s deadline for receiv-
ing mail-in ballots or absentee ballots, 
the individual cures the defect. 
‘‘(E) NO
EXEMPTION.—Notwithstanding 
section 302(a), States described in section 4(b) 
of the National Voter Registration Act of 1993 
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230 
shall be required to meet the requirements of 
paragraph (2)(C). 
‘‘(F) RULE OF CONSTRUCTION.— 
‘‘(i) IN GENERAL.—Nothing in para-
graph (2)(C) or this paragraph shall be 
construed to prevent a State from permit-
ting an individual who provides a sworn 
statement described in subparagraph (A) 
to cast a regular ballot in lieu of a provi-
sional ballot. 
‘‘(ii) REGULAR BALLOT.—For purpose 
of this subparagraph, the term ‘regular 
ballot’ means a ballot which is cast and 
counted in the same manner as ballots cast 
by individuals meeting the voter identifica-
tion requirement (and all other applicable 
requirements with respect to voting in the 
election). 
‘‘(4) DEVELOPMENT AND USE OF PRE-PRINTED 
VERSION OF STATEMENT BY COMMISSION.— 
‘‘(A) IN GENERAL.—The Commission shall 
develop pre-printed versions of the statements 
described in paragraphs (2)(B)(i) and (3)(A) 
which include appropriate blank spaces for the 
provision of names and signatures. 
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231 
‘‘(B) PROVIDING
PRE-PRINTED
COPY
OF 
STATEMENT.—Each State and jurisdiction that 
has a voter identification requirement shall 
make copies of the pre-printed version of the 
statement developed under subparagraph (A) 
available at polling places for use by individuals 
voting in person. 
‘‘(5) REQUIRED
PROVISION
OF
IDENTIFYING 
DOCUMENTS.— 
‘‘(A) IN GENERAL.—Each State and juris-
diction that has a voter identification require-
ment shall— 
‘‘(i) for each individual who, on or 
after the applicable date, is registered to 
vote in such State or jurisdiction in elec-
tions for Federal office, provide the indi-
vidual with a government-issued identifica-
tion that meets the requirements of this 
subsection without charge; 
‘‘(ii) for each individual who, before 
the applicable date, was registered to vote 
in such State or jurisdiction in elections 
for Federal office but does not otherwise 
possess an identifying document, provide 
the individual with a government-issued 
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232 
identification that meets the requirements 
of this subsection without charge, so long 
as the State provides the individual with 
reasonable opportunities to obtain such 
identification prior to the date of the elec-
tion; and 
‘‘(iii) for each individual who is pro-
vided with an identification under clause 
(i) or clause (ii), provide the individual 
with such assistance without charge upon 
request as may be necessary to enable the 
individual to obtain and process any docu-
mentation necessary to obtain the identi-
fication. 
‘‘(B) APPLICABLE DATE.—For purposes of 
this paragraph, the term ‘applicable date’ 
means the later of— 
‘‘(i) January 1, 2024, or 
‘‘(ii) the first date after the date of 
enactment of this subsection for which the 
State or local jurisdiction has in effect a 
voter identification requirement. 
‘‘(6) APPLICABLE IDENTIFYING DOCUMENT.— 
For purposes of this subsection— 
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233 
‘‘(A) IN GENERAL.—The term ‘applicable 
identifying document’ means, with respect to 
any individual, any document issued to such in-
dividual containing the individual’s name. 
‘‘(B) INCLUDED DOCUMENTS.—The term 
‘applicable identifying document’ shall include 
any of the following (so long as such document 
is not expired, as indicated by an expiration 
date included on the document): 
‘‘(i) A valid driver’s license or an 
identification card issued by a State, the 
Federal Government, or a State or feder-
ally recognized Tribal government. 
‘‘(ii) A State-issued identification de-
scribed in paragraph (4). 
‘‘(iii) A valid United States passport 
or passport card. 
‘‘(iv) A valid employee identification 
card issued by— 
‘‘(I) any branch, department, 
agency, or entity of the United States 
Government or of any State, 
‘‘(II) any State or federally rec-
ognized Tribal government, or 
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‘‘(III) any county, municipality, 
board, authority, or other political 
subdivision of a State. 
‘‘(v) A valid student identification 
card issued by an institution of higher edu-
cation, or a valid high school identification 
card issued by a State-accredited high 
school. 
‘‘(vi) A valid military identification 
card issued by the United States. 
‘‘(vii) A valid gun license or concealed 
carry permit. 
‘‘(viii) A valid Medicare card or Social 
Security card. 
‘‘(ix) A valid birth certificate. 
‘‘(x) A valid voter registration card. 
‘‘(xi) A valid hunting or fishing li-
cense issued by a State. 
‘‘(xii) A valid identification card 
issued to the individual by the Supple-
mental Nutrition Assistance (SNAP) pro-
gram. 
‘‘(xiii) A valid identification card 
issued to the individual by the Temporary 
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235 
Assistance for Needy Families (TANF) 
program. 
‘‘(xiv) A valid identification card 
issued to the individual by Medicaid. 
‘‘(xv) A valid bank card or valid debit 
card. 
‘‘(xvi) A valid utility bill issued within 
six months of the date of the election. 
‘‘(xvii) A valid lease or mortgage doc-
ument issued within six months of the date 
of the election. 
‘‘(xviii) A valid bank statement issued 
within six months of the date of the elec-
tion. 
‘‘(xix) A valid health insurance card 
issued to the voter. 
‘‘(xx) Any other document containing 
the individual’s name issued by— 
‘‘(I) any branch, department, 
agency, or entity of the United States 
Government or of any State; 
‘‘(II) any State or federally rec-
ognized tribal government; or 
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236 
‘‘(III) any county, municipality, 
board, authority, or other political 
subdivision of a State. 
‘‘(C) COPIES
AND
ELECTRONIC
DOCU-
MENTS ACCEPTED.—The term ‘applicable iden-
tifying document’ includes— 
‘‘(i) any copy of a document described 
in subparagraph (A) or (B); and 
‘‘(ii) any document described in sub-
paragraph (A) or (B) which is presented in 
electronic format.’’. 
(b) PAYMENTS TO STATES TO COVER COSTS OF RE-
QUIRED IDENTIFICATION DOCUMENTS.— 
(1) IN
GENERAL.—The Election Assistance 
Commission shall make payments to States to cover 
the costs incurred in providing identifications under 
section 303(c)(5) of the Help America Vote Act of 
2002, as amended by this section. 
(2) AMOUNT OF PAYMENT.—The amount of the 
payment made to a State under this subsection for 
any year shall be equal to the amount of fees which 
would have been collected by the State during the 
year in providing the identifications required under 
section 303(c)(5) of such Act if the State had 
charged the usual and customary rates for such 
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identifications, as determined on the basis of infor-
mation furnished to the Commission by the State at 
such time and in such form as the Commission may 
require. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for pay-
ments under this subsection an aggregate amount of 
$5,000,000 for fiscal year 2024 and each of the 4 
succeeding fiscal years. 
(c) 
CONFORMING
AMENDMENTS.—Section 
303(b)(2)(A) of the Help America Vote Act of 2002 (52 
U.S.C. 21083(b)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘in person’’ and all 
that follows and inserting ‘‘in person, presents to the 
appropriate State or local election official an applica-
ble identifying document (as defined in subsection 
(c)(6)); or’’; and 
(2) in clause (ii), by striking ‘‘by mail’’ and all 
that follows and inserting ‘‘by mail, submits with the 
ballot an applicable identifying document (as so de-
fined).’’. 
(d) DEFINITION.—For the purposes of this section, 
the term ‘‘State’’ means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Is-
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lands, and the Commonwealth of the Northern Mariana 
Islands. 
(e) EFFECTIVE DATE.—Section 303(e) of such Act 
(52 U.S.C. 21083(d)(2)), as redesignated by subsection 
(a), is amended by adding at the end the following new 
paragraph: 
‘‘(3) 
VOTER
IDENTIFICATION
REQUIRE-
MENTS.—Each State and jurisdiction shall be re-
quired to comply with the requirements of subsection 
(c) with respect to elections for Federal office held 
on or after January 1, 2024.’’. 
Subtitle J—Voter List Maintenance 
Procedures 
PART 1—VOTER CAGING PROHIBITED 
SEC. 1901. VOTER CAGING PROHIBITED. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘voter caging document’’ means— 
(A) a non-forwardable document sent by 
any person other than a State or local election 
official that is returned to the sender or a third 
party as undelivered or undeliverable despite an 
attempt to deliver such document to the address 
of a registered voter or applicant; or 
(B) any document sent by any person 
other than a State or local election official with 
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instructions to an addressee that the document 
be returned to the sender or a third party but 
is not so returned, despite an attempt to deliver 
such document to the address of a registered 
voter or applicant; 
(2) the term ‘‘voter caging list’’ means a list of 
individuals compiled from voter caging documents; 
and 
(3) the term ‘‘unverified match list’’ means any 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise, unless one of 
the pieces of information matched includes a signa-
ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
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(1) a voter caging document or voter caging 
list; 
(2) an unverified match list; 
(3) an error or omission on any record or paper 
relating to any application, registration, or other act 
requisite to voting, if such error or omission is not 
material to an individual’s eligibility to vote under 
section 2004(a)(2)(B) of the Revised Statutes (52 
U.S.C. 10101(a)(2)(B)); or 
(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
(c) ENFORCEMENT.— 
(1) CIVIL ENFORCEMENT.— 
(A) IN GENERAL.—The Attorney General 
may bring a civil action in an appropriate dis-
trict court for such declaratory or injunctive re-
lief as is necessary to carry out this section. 
(B) PRIVATE RIGHT OF ACTION.— 
(i) IN GENERAL.—A person who is ag-
grieved by a violation of this section may 
provide written notice of the violation to 
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241 
the chief election official of the State in-
volved. 
(ii) RELIEF.—Except as provided in 
clause (iii), if the violation is not corrected 
within 90 days after receipt of a notice 
under clause (i), or within 20 days after 
receipt of the notice if the violation oc-
curred within 120 days before the date of 
an election for Federal office, the ag-
grieved person may, in a civil action, ob-
tain declaratory or injunctive relief with re-
spect to the violation. 
(iii) EXCEPTION.—If the violation oc-
curred within 30 days before the date of 
an election for Federal office, on the date 
of the election, or after the date of the 
election but prior to the completion of the 
canvass, the aggrieved person need not 
provide notice under clause (i) before 
bringing a civil action to obtain declaratory 
or injunctive relief with respect to the vio-
lation. 
(2) CRIMINAL
PENALTY.—Whoever knowingly 
challenges the eligibility of one or more individuals 
to register or vote or knowingly causes the eligibility 
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of such individuals to be challenged in violation of 
this section with the intent that one or more eligible 
voters be disqualified, shall be fined under title 18, 
United States Code, or imprisoned not more than 1 
year, or both, for each such violation. Each violation 
shall be a separate offense. 
(d) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (52 U.S.C. 
20501 et seq.) or to affect the Voting Rights Act of 1965 
(52 U.S.C. 10301 et seq.). 
PART 2—SAVING ELIGIBLE VOTERS FROM VOTER 
PURGING 
SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM 
LIST OF REGISTERED VOTERS. 
(a) CONDITIONS DESCRIBED.—The National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 8 the following new 
section: 
‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 
OFFICIAL LIST OF REGISTERED VOTERS. 
‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND 
RELIABLE EVIDENCE OF INELIGIBILITY.— 
‘‘(1) 
REQUIRING
VERIFICATION.—Notwith-
standing any other provision of this Act, a State 
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may not remove the name of any registrant from the 
official list of voters eligible to vote in elections for 
Federal office in the State unless the State verifies, 
on the basis of objective and reliable evidence, that 
the registrant is ineligible to vote in such elections. 
‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE 
AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 
purposes of paragraph (1), except as permitted 
under section 8(d) after a notice described in para-
graph (2) of such section has been sent, the fol-
lowing factors, or any combination thereof, shall not 
be treated as objective and reliable evidence of a reg-
istrant’s ineligibility to vote: 
‘‘(A) The failure of the registrant to vote 
in any election. 
‘‘(B) The failure of the registrant to re-
spond to any election mail, unless the election 
mail has been returned as undeliverable. 
‘‘(C) The failure of the registrant to take 
any other action with respect to voting in any 
election or with respect to the registrant’s sta-
tus as a registrant. 
‘‘(3) 
REMOVAL
BASED
ON
OFFICIAL 
RECORDS.— 
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‘‘(A) IN GENERAL.—Nothing in this sec-
tion shall prohibit a State from removing a reg-
istrant from the official list of eligible voters in 
elections for Federal office if, on the basis of of-
ficial records maintained by the State, a State 
or local election official knows, on the basis of 
objective and reliable evidence, that the reg-
istrant has— 
‘‘(i) died; or 
‘‘(ii) permanently moved out of the 
State and is no longer eligible to vote in 
the State. 
‘‘(B) OPPORTUNITY
TO
DEMONSTRATE 
ELIGIBILITY.—The State shall provide a voter 
removed from the official list of eligible voters 
in elections for Federal office under this para-
graph an opportunity to demonstrate that the 
registrant is eligible to vote and be reinstated 
on the official list of eligible voters in elections 
for Federal office in the State. 
‘‘(b) NOTICE AFTER REMOVAL.— 
‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 
‘‘(A) IN
GENERAL.—Not later than 48 
hours after a State removes the name of a reg-
istrant from the official list of eligible voters, 
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the State shall send notice of the removal to the 
former registrant, and shall include in the no-
tice the grounds for the removal and informa-
tion on how the former registrant may contest 
the removal or be reinstated, including a tele-
phone number for the appropriate election offi-
cial. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply in the case of a registrant— 
‘‘(i) who sends written confirmation to 
the State that the registrant is no longer 
eligible to vote in the registrar’s jurisdic-
tion in which the registrant was registered; 
or 
‘‘(ii) who is removed from the official 
list of eligible voters by reason of the death 
of the registrant. 
‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 
after conducting any general program to remove the 
names of ineligible voters from the official list of eli-
gible voters (as described in section 8(a)(4)), the 
State shall disseminate a public notice through such 
methods as may be reasonable to reach the general 
public (including by publishing the notice in a news-
paper of wide circulation and posting the notice on 
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246 
the websites of the appropriate election officials) 
that list maintenance is taking place and that reg-
istrants should check their registration status to en-
sure no errors or mistakes have been made. The 
State shall ensure that the public notice dissemi-
nated under this paragraph is in a format that is 
reasonably convenient and accessible to voters with 
disabilities, including voters who have low vision or 
are blind.’’. 
(b) CONDITIONS FOR TRANSMISSION OF NOTICES OF 
REMOVAL.—Section 8(d) of such Act (52 U.S.C. 
20507(d)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) A State may not transmit a notice to a 
registrant under this subsection unless the State ob-
tains objective and reliable evidence (in accordance 
with the standards for such evidence which are de-
scribed in section 8A(a)(2)) that the registrant has 
changed residence to a place outside the registrar’s 
jurisdiction in which the registrant is registered.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) NATIONAL VOTER REGISTRATION ACT OF 
1993.—Section 8(a) of such Act (52 U.S.C. 
20507(a)) is amended— 
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247 
(A) in paragraph (3), by striking ‘‘pro-
vide’’ and inserting ‘‘subject to section 8A, pro-
vide’’; and 
(B) in paragraph (4), by striking ‘‘con-
duct’’ and inserting ‘‘subject to section 8A, con-
duct’’. 
(2) HELP AMERICA VOTE ACT OF 2002.—Section 
303(a)(4)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(a)(4)(A)) is amended by striking 
‘‘registrants’’ the second place it appears and insert-
ing ‘‘and subject to section 8A of such Act, reg-
istrants’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act. 
Subtitle K—Severability 
SEC. 1921. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of any such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of this title, and the appli-
cation of such provision or amendment to any other person 
or circumstance, shall not be affected by the holding. 
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248 
DIVISION B—ELECTION 
INTEGRITY 
TITLE II—PROHIBITING INTER-
FERENCE WITH VOTER REG-
ISTRATION 
SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, 
OR PREVENTING VOTER REGISTRATION. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 612. Hindering, interfering with, or preventing 
registering to vote 
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son, whether acting under color of law or otherwise, to 
corruptly hinder, interfere with, or prevent another person 
from registering to vote or to corruptly hinder, interfere 
with, or prevent another person from aiding another per-
son in registering to vote. 
‘‘(b) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a) shall be subject to 
the same penalties as those prescribed for the offense that 
the person attempted to commit. 
‘‘(c) PENALTY.—Any person who violates subsection 
(a) shall be fined under this title, imprisoned not more 
than 5 years, or both.’’. 
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249 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections held on 
or after the date of the enactment of this Act, except that 
no person may be found to have violated section 612 of 
title 18, United States Code (as added by subsection (a)), 
on the basis of any act occurring prior to the date of the 
enactment of this Act. 
SEC. 2002. ESTABLISHMENT OF BEST PRACTICES. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Attorney Gen-
eral shall develop and publish recommendations for best 
practices for States to use to deter and prevent violations 
of section 612 of title 18, United States Code (as added 
by section 2001), and section 12 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20511) (relating to 
the unlawful interference with registering to vote, or vot-
ing, or attempting to register to vote or vote), including 
practices to provide for the posting of relevant information 
at polling places and voter registration agencies under 
such Act, the training of poll workers and election offi-
cials, and relevant educational materials. For purposes of 
this subsection, the term ‘‘State’’ includes the District of 
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250 
Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and 
the Commonwealth of the Northern Mariana Islands. 
(b) INCLUSION IN VOTER INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (52 U.S.C. 21082(b)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(G) information relating to the prohibi-
tions of section 612 of title 18, United States 
Code, and section 12 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20511) 
(relating to the unlawful interference with reg-
istering to vote, or voting, or attempting to reg-
ister to vote or vote), including information on 
how individuals may report allegations of viola-
tions of such prohibitions.’’. 
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251 
TITLE III—PREVENTING 
ELECTION SUBVERSION 
Subtitle 
A—Restrictions 
on 
Re-
moval of Election Administra-
tors 
SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELEC-
TION ADMINISTRATORS IN ADMINISTRATION 
OF ELECTIONS FOR FEDERAL OFFICE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Congress has explicit and broad authority to 
regulate the time, place, and manner of Federal elec-
tions under the Elections Clause under article I, sec-
tion 4, clause 1 of the Constitution, including by es-
tablishing standards for the fair, impartial, and uni-
form administration of Federal elections by State 
and local officials. 
(2) The Elections Clause was understood from 
the framing of the Constitution to contain ‘‘words of 
great latitude’’, granting Congress broad power over 
Federal elections and a plenary right to preempt 
State regulation in this area. As made clear at the 
Constitutional Convention and the State ratification 
debates that followed, this grant of congressional au-
thority was meant to ‘‘insure free and fair elec-
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252 
tions’’, promote the uniform administration of Fed-
eral elections, and ‘‘preserve and restore to the peo-
ple their equal and sacred rights of election’’. 
(3) In the founding debates on the Elections 
Clause, many delegates also argued that a broad 
grant of authority to Congress over Federal elections 
was necessary to check any ‘‘abuses that might be 
made of the discretionary power’’ to regulate the 
time, place, and manner of elections granted the 
States, including attempts at partisan entrenchment, 
malapportionment, and the exclusion of political mi-
norities. As the Supreme Court has recognized, the 
Elections Clause empowers Congress to ‘‘protect the 
elections on which its existence depends’’, Ex parte 
Yarbrough, 110 U.S. 651, 658 (1884), and ‘‘protect 
the citizen in the exercise of rights conferred by the 
Constitution of the United States essential to the 
healthy organization of the government itself’’, id. at 
666. 
(4) The Elections Clause grants Congress ‘‘ple-
nary and paramount jurisdiction over the whole sub-
ject’’ of Federal elections, Ex parte Siebold, 100 
U.S. 371, 388 (1879), allowing Congress to imple-
ment ‘‘a complete code for congressional elections’’. 
Smiley v. Holm, 285 U.S. 355, 366 (1932). The 
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253 
Elections Clause, unlike, for example, the Commerce 
Clause, has been found to grant Congress the au-
thority to compel States to alter their regulations as 
to Federal elections, id. at 366–67, even if these al-
terations would impose additional costs on the 
States to execute or enforce. Association of Commu-
nity Organizations for Reform Now v. Miller, 129 
F.3d 833 (6th Cir. 1997). 
(5) The phrase ‘‘manner of holding elections’’ 
in the Elections Clause has been interpreted by the 
Supreme Court to authorize Congress to regulate all 
aspects of the Federal election process, including 
‘‘notices, registration, supervision of voting, protec-
tion of voters, prevention of fraud and corrupt prac-
tices, counting of votes, duties of inspectors and can-
vassers, and the making and publication of election 
returns’’. Smiley v. Holm, 285 U.S. 355, 366 
(1932). 
(6) The Supreme Court has recognized the 
broad ‘‘substantive scope’’ of the Elections Clause 
and upheld Federal laws promulgated thereunder 
regulating redistricting, voter registration, campaign 
finance, primary elections, recounts, party affiliation 
rules, and balloting. 
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254 
(7) The authority of Congress under the Elec-
tions Clause also entails the power to ensure en-
forcement of its laws regulating Federal elections. 
‘‘[I]f Congress has the power to make regulations, it 
must have the power to enforce them.’’. Ex parte 
Siebold, 100 U.S. 371, 387 (1879). The Supreme 
Court has noted that there can be no question that 
Congress may impose additional penalties for of-
fenses committed by State officers in connection 
with Federal elections even if they differ from the 
penalties prescribed by State law for the same acts. 
Id. at 387–88. 
(8) The fair and impartial administration of 
Federal elections by State and local officials is cen-
tral to ‘‘the successful working of this government’’, 
Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 
to ‘‘protect the act of voting . . . and the election 
itself from corruption or fraud’’, id. at 661–62. 
(9) The Elections Clause thus grants Congress 
the authority to ensure that the administration of 
Federal elections is free of political bias or discrimi-
nation and that election officials are insulated from 
political influence or other forms of coercion in dis-
charging their duties in connection with Federal 
elections. 
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(10) In some States, oversight of local election 
administrators has been allocated to State Election 
Boards, or special commissions formed by those 
boards, that are appointed by the prevailing political 
party in a State, as opposed to nonpartisan or elect-
ed office holders. 
(11) In certain newly enacted State policies, 
these appointed statewide election administrators 
have been granted wide latitude to suspend or re-
move local election administrators in cases where the 
statewide election administrators identify whatever 
the State deems to be a violation. There is no re-
quirement that there be a finding of intent by the 
local election administrator to commit the violation. 
(12) Local election administrators across the 
country can be suspended or removed according to 
different standards, potentially exposing them to dif-
ferent political pressures or biases that could result 
in uneven administration of Federal elections. 
(13) The Elections Clause grants Congress the 
ultimate authority to ensure that oversight of State 
and local election administrators is fair and impar-
tial in order to ensure equitable and uniform admin-
istration of Federal elections. 
(b) RESTRICTION.— 
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(1) STANDARD
FOR
REMOVAL
OF
A
LOCAL 
ELECTION
ADMINISTRATOR.—A statewide election 
administrator may only suspend, remove, or relieve 
the duties of a local election administrator in the 
State with respect to the administration of an elec-
tion for Federal office for inefficiency, neglect of 
duty, or malfeasance in office. 
(2) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—Any local election ad-
ministrator suspended, removed, or otherwise 
relieved of duties in violation of paragraph (1) 
with respect to the administration of an election 
for Federal office or against whom any pro-
ceeding for suspension, removal, or relief from 
duty in violation of paragraph (1) with respect 
to the administration of an election for Federal 
office may be pending, may bring an action in 
an appropriate district court of the United 
States for declaratory or injunctive relief with 
respect to the violation. Any such action shall 
name as the defendant the statewide election 
administrator responsible for the adverse ac-
tion. The district court shall, to the extent prac-
ticable, expedite any such proceeding. 
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