I 
118TH CONGRESS 
1ST SESSION H. R. 5046 
To amend the Help America Vote Act of 2002 to provide increased protections 
for election workers and voters in elections for Federal office, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. SARBANES (for himself, Mr. MORELLE, Mr. ALLRED, and Ms. WILLIAMS 
of Georgia) introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Help America Vote Act of 2002 to provide 
increased protections for election workers and voters in 
elections for Federal office, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Election 
Subversion Act of 2023’’. 
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SEC. 2. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION 
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 of the United 
States, including by establishing standards for the 
fair, impartial, and uniform administration of Fed-
eral elections by State and local officials. 
(2) The Elections Clause was understood from 
the framing of the Constitution of the United States 
to contain ‘‘words of great latitude,’’ granting Con-
gress broad power over Federal elections and a ple-
nary 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 authority was meant to ‘‘in-
sure free and fair elections,’’ promote the uniform 
administration of Federal elections, and ‘‘preserve 
and restore to the people their equal and sacred 
rights of election.’’. 
(3) In the founding debates on the Elections 
Clause, many delegates also argued that a broad 
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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 
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 
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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. 
(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 
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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. 
(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. 
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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. 
(B) STATUTE OF LIMITATIONS.—Any ac-
tion brought under this subsection must be 
commenced not later than 1 year after the date 
of the suspension, removal, relief from duties, 
or commencement of the proceeding to remove, 
suspend, or relieve the duties of a local election 
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administrator with respect to the administration 
of an election for Federal office. 
(3) ATTORNEY’S FEES.—In any action or pro-
ceeding under this subsection, the court may allow 
a prevailing plaintiff, other than the United States, 
reasonable attorney’s fees as part of the costs, and 
may include expert fees as part of the attorney’s fee. 
The term ‘‘prevailing plaintiff’’ means a plaintiff 
that substantially prevails pursuant to a judicial or 
administrative judgment or order, or an enforceable 
written agreement. 
(4) REMOVAL OF STATE PROCEEDINGS TO FED-
ERAL COURT.—A local election administrator who is 
subject to an administrative or judicial proceeding 
for suspension, removal, or relief from duty by a 
statewide election administrator with respect to the 
administration of an election for Federal office may 
remove the proceeding to an appropriate district 
court of the United States. Any order remanding a 
case to the State court or agency from which it was 
removed under this subsection shall be reviewable by 
appeal or otherwise. 
(5) RIGHT
OF
UNITED
STATES
TO
INTER-
VENE.— 
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(A) NOTICE
TO
ATTORNEY
GENERAL.— 
Whenever any administrative or judicial pro-
ceeding is brought to suspend, remove, or re-
lieve the duties of any local election adminis-
trator by a statewide election administrator 
with respect to the administration of an election 
for Federal office, the statewide election admin-
istrator who initiated such proceeding shall de-
liver a copy of the pleadings instituting the pro-
ceeding to the Assistant Attorney General for 
the Civil Rights Division of the Department of 
Justice. The local election administrator against 
whom such proceeding is brought may also de-
liver such pleadings to the Assistant Attorney 
General. 
(B) RIGHT TO INTERVENE.—The United 
States may intervene in any administrative or 
judicial proceeding brought to suspend, remove, 
or relieve the duties of any local election admin-
istrator by a statewide election administrator 
with respect to the administration of an election 
for Federal office and in any action initiated 
pursuant to paragraph (2) or in any removal 
pursuant to paragraph (4). 
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(6) REVIEW.—In reviewing any action brought 
under this section, a court of the United States shall 
not afford any deference to any State official, ad-
ministrator, or tribunal that initiated, approved, ad-
judicated, or reviewed any administrative or judicial 
proceeding to suspend, remove, or otherwise relieve 
the duties of a local election administrator. 
(c) REPORTS TO THE DEPARTMENT OF JUSTICE.— 
(1) IN GENERAL.—Not later than 30 days after 
the suspension, removal, or relief of the duties of a 
local election administrator by a statewide election 
administrator, the Statewide election administrator 
shall submit to the Assistant Attorney General for 
the Civil Rights Divisions of the Department of Jus-
tice a report that includes the following information: 
(A) A statement that a local election ad-
ministrator was suspended, removed, or relieved 
of their duties. 
(B) Information on whether the local elec-
tion administrator was determined to be ineffi-
cient or to have engaged in neglect of duty or 
malfeasance in office. 
(C) A description of the effect that the 
suspension, removal, or relief of the duties of 
the local election administrator will have on— 
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(i) the administration of elections and 
voters in the election jurisdictions for 
which the local election official provided 
such duties; and 
(ii) the administration of elections and 
voters in the State at large. 
(D) Demographic information about the 
local election official suspended, removed, or re-
lieved and the jurisdictions for which such elec-
tion official was providing the duties suspended, 
removed, or relieved. 
(E) Such other information as requested 
by the Assistant Attorney General for the pur-
poses of determining— 
(i) whether such suspension, removal, 
or relief of duties was based on unlawful 
discrimination; and 
(ii) whether such suspension, removal, 
or relief of duties was due to inefficiency, 
neglect of duty, or malfeasance in office. 
(2) EXPEDITED
REPORTING
FOR
ACTIONS 
WITHIN 30 DAYS OF AN ELECTION.— 
(A) IN
GENERAL.—If a suspension, re-
moval, or relief of duties of a local adminis-
trator described in paragraph (1) occurs during 
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the period described in subparagraph (B), the 
report required under paragraph (1) shall be 
submitted not later than 48 hours after such 
suspension, removal, or relief of duties. 
(B) PERIOD DESCRIBED.—The period de-
scribed in this subparagraph is any period 
which begins 60 days before the date of an elec-
tion for Federal office and which ends 60 days 
after such election. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELECTION.—The term ‘‘election’’ has the 
meaning given the term in section 301(1) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(1)). 
(2) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ has the meaning given the term in section 
301(3) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101(3)). 
(3) LOCAL
ELECTION
ADMINISTRATOR.—The 
term ‘‘local election administrator’’ means, with re-
spect to a local jurisdiction in a State, the individual 
or entity responsible for the administration of elec-
tions for Federal office in the local jurisdiction. 
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(4) STATEWIDE ELECTION ADMINISTRATOR.— 
The term ‘‘statewide election administrator’’ means, 
with respect to a State— 
(A) the individual or entity, including a 
State elections board, responsible for the ad-
ministration of elections for Federal office in 
the State on a statewide basis; or 
(B) a statewide legislative or executive en-
tity with the authority to suspend, remove, or 
relieve a local election administrator. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to grant any additional authority 
to remove a local elections administrator beyond any au-
thority provided under the law of the State. 
SEC. 3. PROTECTIONS FOR VOTERS ON ELECTION DAY. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 
is amended by inserting after section 303 the following 
new section: 
‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 
‘‘(a) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.— 
‘‘(1) REQUIREMENTS
FOR
CHALLENGES.—No 
person, other than a State or local election official, 
shall submit a formal challenge to an individual’s eli-
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gibility to register to vote in an election for Federal 
office or to vote in an election for Federal office un-
less that challenge is supported by personal knowl-
edge with respect to each individual challenged re-
garding the grounds for ineligibility which is— 
‘‘(A) documented in writing; and 
‘‘(B) subject to an oath or attestation 
under penalty of perjury that the challenger has 
a good faith factual basis to believe that the in-
dividual who is the subject of the challenge is 
ineligible to register to vote or vote in that elec-
tion, except a challenge that is based on the 
race, color, ethnicity, national origin, or mem-
bership in a language minority group (as de-
fined in section 14 of the Voting Rights Act of 
1965 (52 U.S.C. 10310)) of the individual who 
is the subject of the challenge may not be con-
sidered to have a good faith factual basis for 
purposes of this paragraph. 
‘‘(2) PROHIBITION
ON
CHALLENGES
ON
OR 
NEAR DATE OF ELECTION.—No person, other than 
a State or local election official, shall be permitted— 
‘‘(A) to challenge an individual’s eligibility 
to vote in an election for Federal office on the 
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date of the election on grounds that could have 
been made in advance of such date; or 
‘‘(B) to challenge an individual’s eligibility 
to register to vote in an election for Federal of-
fice or to vote in an election for Federal office 
less than 10 days before the election unless the 
individual registered to vote less than 20 days 
before the election. 
‘‘(b) EFFECTIVE DATE.—This section shall apply 
with respect to elections for Federal office occurring on 
and after January 1, 2024.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
303A’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 303 the following: 
‘‘Sec. 303A. Voter protection requirements.’’. 
Æ 
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