I 
118TH CONGRESS 
1ST SESSION H. R. 4563 
To promote election integrity, voter confidence, and faith in elections by 
removing Federal impediments to, equipping States with tools for, and 
establishing voluntary considerations to support effective State adminis-
tration of Federal elections, improving election administration in the 
District of Columbia, improving the effectiveness of military voting pro-
grams, enhancing election security, and protecting political speech, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2023 
Mr. STEIL (for himself, Mr. TIFFANY, Mr. GIMENEZ, Mr. WITTMAN, Mr. 
CAREY, Ms. TENNEY, Mr. VALADAO, Mr. BOST, Mr. VAN ORDEN, Mr. 
GRAVES of Louisiana, Mr. RESCHENTHALER, Mr. GROTHMAN, Mr. 
SMITH of New Jersey, Mr. GUEST, Mr. CALVERT, Mr. ELLZEY, Mrs. 
BOEBERT, Ms. GREENE of Georgia, Mr. TIMMONS, Mr. LATURNER, Mr. 
LAWLER, Mr. GRIFFITH, Mr. BUCSHON, Mr. COLLINS, Mr. MOONEY, Mr. 
FRY, Mr. D’ESPOSITO, Mr. CLINE, Mr. JOHNSON of Louisiana, Ms. LEE 
of Florida, Mrs. BICE, Mr. JOHNSON of South Dakota, Mr. AMODEI, Ms. 
STEFANIK, 
Mr. 
MORAN, 
Mr. 
BUCHANAN, 
Mr. 
HUDSON, 
Mr. 
LOUDERMILK, Mr. THOMPSON of Pennsylvania, Mr. MURPHY, Mr. CAR-
TER of Georgia, Mrs. HINSON, Mr. SCALISE, Mr. DESJARLAIS, Mr. 
EDWARDS, Mr. LATTA, Mr. KUSTOFF, Mr. STAUBER, Mrs. HOUCHIN, 
Mr. MOYLAN, Mr. LALOTA, Mr. JACKSON of Texas, Mr. C. SCOTT 
FRANKLIN of Florida, Mr. ALFORD, Mr. GRAVES of Missouri, Mr. CREN-
SHAW, Ms. MACE, Mr. MOOLENAAR, Ms. FOXX, Mr. GOODEN of Texas, 
Mr. TONY GONZALES of Texas, Mr. HILL, Mrs. RODGERS of Washington, 
Mrs. HARSHBARGER, Mr. SMUCKER, Mr. WENSTRUP, Mr. ROUZER, Mr. 
LAMALFA, Mr. WILLIAMS of Texas, Mr. PFLUGER, Mr. MCCARTHY, Mr. 
BALDERSON, Mrs. MCCLAIN, Mr. BABIN, Mr. MIKE GARCIA of Cali-
fornia, Mr. COLE, Mrs. WAGNER, Ms. GRANGER, Mr. FLEISCHMANN, Mr. 
STRONG, Mr. BAIRD, Mr. CRAWFORD, Mr. MCCLINTOCK, Mrs. MILLER 
of West Virginia, Mr. MILLER of Ohio, Mrs. MILLER of Illinois, Mr. 
MOORE of Alabama, Mr. FEENSTRA, Mr. MILLS, Mr. CARL, Mr. AUSTIN 
SCOTT of Georgia, Mr. LANGWORTHY, Mr. ZINKE, Mr. KELLY of Penn-
sylvania, Mr. ADERHOLT, Mr. CARTER of Texas, Mr. NEWHOUSE, Mrs. 
FISCHBACH, Mr. BEAN of Florida, Mrs. MILLER-MEEKS, and Mr. 
WESTERMAN) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees 
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Sec. 111. Short title. 
Sec. 112. Findings. 
Sec. 113. Election integrity voluntary considerations and Federal forum for 
State information sharing. 
Subtitle C—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. Mandatory provision of identification for certain voters not voting in 
person. 
Sec. 126. Confirming access for Congressional election observers. 
Sec. 127. Use of requirements payments for post-election audits. 
Sec. 128. Increase in threshold for requiring information reporting with respect 
to certain payees. 
Sec. 129. Voluntary guidelines with respect to nonvoting election technology. 
Sec. 130. Status reports by National Institute of Standards and Technology. 
Sec. 131. 501(c)(3) organizations prohibited from providing direct or indirect 
funding for election administration. 
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 require-
ment. 
Sec. 135. Clarification of rules with respect to hiring of election workers. 
Sec. 136. State assistance in assigning mailing addresses with respect to Tribal 
Governments. 
Sec. 137. State defined. 
Sec. 138. Voter registration for applicants without driver’s license or social se-
curity number. 
Sec. 139. GAO study on domestic manufacturing and assembly of voting equip-
ment. 
Subtitle D—District of Columbia Election Integrity and Voter Confidence 
Sec. 141. Short title. 
Sec. 142. Statement of congressional authority; findings. 
Sec. 143. Requirements for elections in District of Columbia. 
Sec. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022. 
Sec. 145. Effective date. 
Subtitle E—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 As-
sistance Commission. 
Sec. 154. General requirements for payments made by Election Assistance 
Commission. 
Sec. 155. Executive Board of the Standards Board authority to enter into con-
tracts. 
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Sec. 156. Election Assistance Commission primary role in election administra-
tion assistance. 
Sec. 157. Clarification of the duties of the Election Assistance Commission. 
Sec. 158. Election Assistance Commission powers. 
Sec. 159. Membership of the Local Leadership Council. 
Sec. 160. Rule of construction. 
Subtitle F—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 con-
tributions or donations in connection with elections. 
Sec. 163. Prohibition on contributions by foreign nationals to certain tax-ex-
empt entities. 
Subtitle G—Constitutional Experts Panel With Respect to Presidential 
Elections 
Sec. 171. Short title. 
Sec. 172. Establishment of panel of constitutional experts. 
TITLE II—MILITARY VOTING ADMINISTRATION 
Sec. 200. Short title. 
Subtitle A—Findings Relating to Military Voting 
Sec. 201. Findings relating to military voting. 
Subtitle B—GAO Analysis on Military Voting Access 
Sec. 211. Government Accountability Office report on implementation of Uni-
formed and Overseas Citizens Absentee Voting Act and improv-
ing access to voter registration information and assistance for 
absent uniformed services voters. 
TITLE III—FIRST AMENDMENT PROTECTION ACT 
Sec. 300. Short title. 
Subtitle A—Protecting Political Speech and Freedom of Association 
PART 1—PROTECTING POLITICAL SPEECH 
Sec. 301. Findings. 
Sec. 302. Repeal of limits on coordinated political party expenditures. 
Sec. 303. Repeal of limit on aggregate contributions by individuals. 
Sec. 304. Equalization of contribution limits to State and national political 
party committees. 
Sec. 305. Expansion of permissible Federal election activity by State and local 
political parties. 
Sec. 306. Participation in joint fundraising activities by multiple political com-
mittees. 
PART 2—PROTECTING FREEDOM OF ASSOCIATION 
Sec. 307. Findings. 
Sec. 308. Protecting privacy of donors to tax-exempt organizations. 
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Sec. 309. Reporting requirements for tax-exempt organizations. 
Sec. 310. Maintenance of standards for determining eligibility of section 
501(c)(4) organizations. 
Subtitle B—Prohibition on Use of Federal Funds for Congressional 
Campaigns 
Sec. 311. Prohibiting use of Federal funds for payments in support of congres-
sional campaigns. 
Subtitle C—Registration and Reporting Requirements 
Sec. 321. Electronic filing of electioneering communication reports. 
Sec. 322. Increased qualifying threshold and establishing purpose for political 
committees. 
Sec. 323. Increased threshold with respect to independent expenditure reporting 
requirement. 
Sec. 324. Increased qualifying threshold with respect to candidates. 
Sec. 325. Repeal requirement of persons making independent expenditures to 
report identification of certain donors. 
Subtitle D—Exclusion of Certain Amounts From Treatment as Contributions 
or Expenditures 
Sec. 331. Increased threshold for exemption of certain amounts as contribu-
tions. 
Sec. 332. Exemption of uncompensated internet communications from treat-
ment as contribution or expenditure. 
Sec. 333. Media exemption. 
Subtitle E—Prohibition on Issuance of Regulations on Political Contributions 
Sec. 341. Prohibition on issuance of regulations on Political Contributions. 
Subtitle F—Miscellaneous Provisions 
Sec. 351. Permanent extension of fines for qualified disclosure requirement vio-
lations. 
Sec. 352. Permitting political committees to make disbursements by methods 
other than check. 
Sec. 353. Designation of individual authorized to make campaign committee 
disbursements in event of death of candidate. 
Sec. 354. Prohibiting aiding or abetting making of contributions in name of an-
other. 
Sec. 355. Unanimous consent of Commission members required for Commission 
to refuse to defend actions brought against Commission. 
Sec. 356. Federal Election Commission member pay. 
Sec. 357. Uniform statute of limitations for proceedings to enforce Federal 
Election Campaign Act of 1971. 
Sec. 358. Theft from political committee as a Federal crime. 
Sec. 359. Repeal of obsolete provisions of law. 
Sec. 360. Deadline for promulgation of proposed regulations. 
TITLE IV—ELECTION SECURITY 
Subtitle A—Promoting Election Security 
Sec. 401. Short title. 
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Sec. 402. Reports to Congress on foreign threats to elections. 
Sec. 403. Rule of construction. 
Subtitle B—Cybersecurity for Election Systems 
Sec. 411. Cybersecurity advisories relating to election systems. 
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities in elec-
tion equipment. 
Sec. 413. Duty of Secretary of Homeland Security to notify State and local of-
ficials of election cybersecurity incidents. 
TITLE V—CONGRESSIONAL REDISTRICTING 
Sec. 501. Sense of Congress on authority to establish maps of congressional 
districts. 
Sec. 502. Authority for Speaker of the House to join certain civil actions relat-
ing to apportionment. 
Sec. 503. Census Monitoring Board. 
TITLE VI—DISINFORMATION GOVERNANCE BOARD 
Sec. 601. Termination of the Disinformation Governance Board. 
Sec. 602. Prohibition on funding similar board or similar activities. 
TITLE VII—SEVERABILITY 
Sec. 701. Severability. 
SEC. 3. GENERAL FINDINGS. 
Congress finds the following: 
(1) According to article 1, section 4 of the Con-
stitution of the United States, the States have the 
primary role in establishing ‘‘(t)he Times, Places 
and Manners of holding Elections for Senators and 
Representatives’’, while Congress has a purely sec-
ondary role in this space and must restrain itself 
from acting improperly and unconstitutionally. 
(2) Federal election legislation should never be 
the first step and must never impose burdensome, 
unfunded Federal mandates on State and local elec-
tions officials. When Congress does speak, it must 
devote its efforts only to resolving highly significant 
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and substantial deficiencies to ensure the integrity of 
our elections. State legislatures are the primary 
venues to establish rules for governing elections and 
correct most issues. 
(3) All eligible American voters who wish to 
participate must have the opportunity to vote, and 
all lawful votes must be counted. 
(4) States must balance appropriate election 
administration structures and systems with acces-
sible access to the ballot box. 
(5) Political speech is protected speech. 
(6) The First Amendment protects the right of 
all Americans to state their political views and do-
nate money to the candidates, causes, and organiza-
tions of their choice without fear of retribution. 
(7) Redistricting decisions are best made at the 
State level. 
(8) States must maintain the flexibility to de-
termine the best redistricting processes for the par-
ticular needs of their citizens. 
(9) Congress has independent authority under 
the Fourteenth, Fifteenth, Nineteenth, Twenty- 
Fourth, and Twenty-Sixth Amendments to ensure 
elections are conducted without unlawful discrimina-
tion. 
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(10) The Civil Rights Act and the Voting 
Rights Act, which are not anchored in article 1, sec-
tion 4 of the Constitution, have seen much success 
since their passage in 1964 and 1965, and Congress 
should continue to exercise its constitutional author-
ity in this space as appropriate. 
TITLE I—ELECTION 
ADMINISTRATION INTEGRITY 
Subtitle A—Findings Relating to 
State Administration of Federal 
Elections 
SEC. 101. FINDINGS RELATING TO STATE ADMINISTRATION 
OF FEDERAL ELECTIONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that constitutional scholar Robert Natelson has done 
invaluable work with respect to the history and under-
standing of the Elections Clause. 
(b) FINDINGS.—Congress finds the following: 
(1) The Constitution reserves to the States the 
primary authority and the duty to set election legis-
lation and administer elections—the ‘‘times, places, 
and manner of holding of elections’’—and Congress’ 
power in this space is purely secondary to the 
States’ power and is to be employed only in the 
direst of circumstances. History, precedent, the 
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Framers’ words, debates concerning ratification, the 
Supreme Court, and the Constitution itself make it 
exceedingly clear that Congress’ power over elections 
is not unfettered. 
(2) The Framing Generation grappled with the 
failure of the Articles of Confederation, which pro-
vided 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 Fed-
eralists, including Alexander Hamilton, were con-
cerned with the possibility that the States, in an ef-
fort to destroy the Federal government, simply 
might not hold elections or that an emergency, such 
as an invasion or insurrection, might prevent the op-
eration of a State’s government, leaving the Con-
gress without Members and the Federal government 
unable to respond. 
(3) Quite plainly, Alexander Hamilton, a lead-
ing 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 
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to nationalize our elections process. Writing as 
Publius to the people of New York, Hamilton fur-
ther 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 legis-
lature to regulate, in the last resort, the election of 
its own members.’’. Alexander Hamilton (writing as 
Publius), Federalist no. 59, Concerning the Power of 
Congress to Regulate the Election of Members, N.Y. 
PACKET (Fri., Feb. 22, 1788). 
(4) When questioned at the States’ constitu-
tional ratifying conventions with respect to this pro-
vision, the Federalists confirmed this understanding 
of a constitutionally limited, secondary congressional 
power under article 1, section 4. (‘‘[C]onvention del-
egate 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 assem-
ble, (as was the case of South Carolina and occa-
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sionally of some other states, during the [Revolu-
tionary] 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 par-
ticular state has rendered an interference essential 
to the salvation of the general government.’’). See 
Robert G. Natelson, The Original Scope of the Con-
gressional Power to Regulate Elections, 13 U. PA. 
J. CONST. L. 1, 12–13 (Nov. 2010). 
(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, ‘‘Alex-
ander Contee Hanson, a member of Congress whose 
pamphlet supporting the Constitution proved pop-
ular, 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 elec-
tion laws with a ‘sinister purpose’ or to injure the 
general government.’’ Cementing his point, Hanson 
goes further to decree, ‘‘The exercise of this power 
must at all times be so very invidious, that congress 
will not venture upon it without some very cogent 
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and substantial reason.’’. Alexander Contee Hanson 
(writing as Astrides), Remarks on the Proposed 
Plan: 31 January, reprinted in John P. Kaminski, 
Gaspare J. Saladino, and Richard Leffler (eds.), 3 
Commentaries on the Constitution, public and pri-
vate 18 December 1787 to 31 January 1788, 522– 
26 (1984). 
(6) In fact, had the alternate view of the Elec-
tions Clause been accepted at the time of the Con-
stitution’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 Con-
stitution from being ratified—expressed specific con-
cerns with the language of the Elections Clause. See 
1 Annals of Cong. 799 (1789), Joseph Gales (ed.) 
(1834). However, ‘‘[l]eading Federalists . . .’’ as-
sured them ‘‘. . . that, even without amendment, the 
[Elections] Clause should be construed as limited to 
emergencies’’. Three States, New York, North Caro-
lina, and Rhode Island, specifically made their ratifi-
cation contingent on this understanding being made 
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express. Ratification of the Constitution by the State 
of New York (July 26, 1788) (‘‘Under these impres-
sions and declaring that the rights aforesaid cannot 
be abridged or violated, and the Explanations afore-
said 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 Con-
fidence . . . 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 regula-
tions 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’’); Ratification of the Constitution by the 
State of North Carolina (Nov. 21, 1789) (‘‘That 
Congress shall not alter, modify, or interfere in the 
times, places, or manner of holding elections for sen-
ators and representatives, or either of them, except 
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when the legislature of any state shall neglect, refuse 
or be disabled by invasion or rebellion, to prescribe 
the same.’’); Ratification of the Constitution by the 
State of Rhode Island (May 29, 1790) (‘‘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 amend-
ments 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 Pre-
sents, 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 cir-
cumstance be incapable of making the same; and 
that [i]n those cases, such power will only be exer-
cised, until the legislature of this State shall make 
provision in the Premises[.]’’). 
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(8) Congress finds that the Framers designed 
and the ratifying States understood the Elections 
Clause to serve solely as a protective backstop to en-
sure 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 amend-
ment 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 de-
bates that ensued over the Elections Clause provi-
sion 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 emer-
gencies and so thought there would be no harm in 
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supporting an amendment to make that language ex-
press. Annals of Congress 801 (1789) Joseph Gales 
Edition. A Century of Lawmaking for a New Na-
tion: U.S. Congressional Documents and Debates, 
1774–1875 (loc.gov). So, even the records of the 
First Congress reflect a recognition of the emer-
gency nature of congressional power over Federal 
elections. 
(12) Similarly, the Supreme Court has sup-
ported this understanding. In Smiley v. Holm, the 
Court held that article 1, section 4 of the Constitu-
tion reserved to the States the primary ‘‘. . . author-
ity to provide a complete code for congressional elec-
tions, not only as to times and places, but in relation 
to 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 making and publication of election re-
turns; in short, to enact the numerous requirements 
as to procedure and safeguards which experience 
shows are necessary in order to enforce the funda-
mental right involved. And these requirements would 
be nugatory if they did not have appropriate sanc-
tions in the definition of offenses and punishments. 
All this is comprised in the subject of ‘times, places 
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and manner of holding elections’, and involves law-
making in its essential features and most important 
aspect.’’. Smiley v. Holm, 285 U.S. 355, 366 
(1932). 
(13) This holding is consistent with the under-
standing of the Elections Clause since the framing 
of the Constitution. The Smiley Court also held that 
while Congress maintains the authority to ‘‘. . . sup-
plement these state regulations or [to] substitute its 
own[]’’, such authority remains merely ‘‘a general 
supervisory power over the whole subject.’’. Id. 
(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.’’. Arizona v. Inter-Tribal 
Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). 
The Court explained that the Elections Clause ‘‘. . 
. imposes [upon the States] the duty . . . to pre-
scribe the time, place, and manner of electing Rep-
resentatives and Senators[.]’’. Id. at 8. And, while, 
as the Court noted, ‘‘[t]he power of Congress over 
the ‘Times, Places, and Manner’ of congressional 
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elections is paramount, and may be exercised at any 
time, and to any extent which it deems expedient; 
and so far as it is exercised, and no farther, the reg-
ulations effected supersede those of the State which 
are inconsistent therewith[]’’, Id. at 9, the Inter- 
Tribal Court explained, quoting extensively from the 
Federalist no. 59, that it was clear that the congres-
sional fail-safe included in the Elections Clause was 
intended for the sorts of governmental self-preserva-
tion discussed here: ‘‘[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.’’. Id. at 
8. 
(15) It is clear in every respect that the con-
gressional fail-safe described in the Elections Clause 
vests purely secondary authority over Federal elec-
tions in the Federal legislative branch and that the 
primary authority rests with the States. Congres-
sional authority is intended to be, and as a matter 
of constitutional fact is, limited to addressing the 
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worst imaginable issues, such as invasion or other 
matters that might lead to a State not electing rep-
resentatives to constitute the two Houses of Con-
gress. Congress’ authority has never extended to the 
day-to-day authority over the ‘‘Times, Places and 
Manner of Election’’ that the Constitution clearly re-
serves to the States. 
(16) Congress must act within the bounds of its 
constitutional authority when enacting legislation 
concerning the administration of our Nation’s elec-
tions. 
Subtitle 
B—Voluntary 
Consider-
ations for State Administration 
of Federal Elections 
SEC. 111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Voluntarily Offered 
Tools for Election Reforms by States Act’’ or the ‘‘VOT-
ERS Act’’. 
SEC. 112. FINDINGS. 
Congress finds the following: 
(1) The United States Constitution reserves to 
the states the primary duty and authority to estab-
lish election law and to administer of Federal elec-
tions. See article I, section 4, clause 1 of the Con-
stitution of the United States. 
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(2) Under America’s decentralized election sys-
tem, there is not a one-size-fits-all approach to how 
elections are administered. 
(3) Each State should be afforded the flexibility 
to implement election administration processes and 
procedures that are most beneficial in meeting the 
needs of its voters and ensuring that its elections are 
free, fair, and secure. 
(4) The Federal government is in a position to 
provide States with voluntary tools to improve elec-
tion integrity and voter confidence, as well as remov-
ing Federal impediments that hinder State efforts. 
(5) The Election Assistance Commission (EAC) 
was established to assist States in the administra-
tion of Federal elections. One of its core missions is 
to serve as a clearinghouse for election administra-
tion information and to provide a forum for States 
to discuss and exchange ideas on issues related to 
the administration of Federal elections, including 
practices, processes, and procedures. 
(6) The EAC’s Standards Board and Local 
Leadership Council are advisory boards with State 
and local election official membership from all fifty 
States and territories and are best suited to develop 
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voluntary considerations for various election admin-
istration practices, processes, and procedures. 
SEC. 113. ELECTION INTEGRITY VOLUNTARY CONSIDER-
ATIONS AND FEDERAL FORUM FOR STATE IN-
FORMATION SHARING. 
(a) IN GENERAL.—Subtitle C of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is 
amended— 
(1) by redesignating section 247 as section 248; 
and 
(2) by inserting after section 246 the following 
new section: 
‘‘SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY 
STANDARDS BOARD AND LOCAL LEADERSHIP 
COUNCIL WITH RESPECT TO ELECTION AD-
MINISTRATION. 
‘‘(a) IN GENERAL.—The Standards Board and the 
Local Leadership Council of the Commission shall draw 
from experiences in their home jurisdictions and informa-
tion voluntarily provided by and between States and their 
political subdivisions on the effectiveness or ineffectiveness 
of election administration policies and release voluntary 
considerations with respect to the administration of an 
election for Federal office. 
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‘‘(b) MATTERS TO CONSIDER.—In releasing the vol-
untary considerations under subsection (a), the Standards 
Board and the Local Leadership Council shall examine 
and consolidate information provided by States and re-
lease considerations with respect to each of the following 
categories: 
‘‘(1) The process for the administration of bal-
lots delivered by mail, including— 
‘‘(A) deadlines for the return and receipt 
of such ballots to the appropriate election offi-
cial; 
‘‘(B) the design of such ballots, including 
the envelopes used to deliver the ballots; 
‘‘(C) the process for requesting and track-
ing the return of such ballots; 
‘‘(D) the processing of such ballots upon 
receipt by the appropriate election official, in-
cluding the schedule for counting the ballots 
and the reporting of the unofficial results of 
such counting; and 
‘‘(E) voter identity verification procedures, 
including signature matching or verification. 
‘‘(2) The signature verification procedures used 
to verify the identity of voters in an election, which 
shall include an evaluation of human and machine 
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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 iden-
tity of a voter such as requiring the identification 
number of a valid government-issued photo identi-
fication or the last four digits of the voter’s social 
security number to be provided along with the vot-
er’s signature. 
‘‘(3) The processes used to carry out mainte-
nance 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 count-
ing. 
‘‘(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 and 
related nonvoting election technology (as defined in 
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section 298C of the Help America Vote Act of 2002) 
prior to the use of such machines and technology in 
an election for Federal office, including education 
with respect to— 
‘‘(A) how such machines and technology 
are tested for accuracy, logic, and security; and 
‘‘(B) the connectivity to the public internet 
of such machines and technology. 
‘‘(8) The processes and procedures used to 
carry out a post-election audit. 
‘‘(9) The processes and procedures used to en-
sure a secure chain of custody with respect to ballots 
and election equipment. 
‘‘(10) Public education, access, and citizen over-
sight and input with respect to the certification and 
testing of voter machines prior to Federal elections. 
‘‘(11) The conduct of independent post-election 
audits. 
‘‘(12) Transparency in the election and voting 
process. 
‘‘(13) Accountability measures to ensure com-
pliance by election administrators with applicable 
law. 
‘‘(c) RELEASE OF VOLUNTARY CONSIDERATIONS.— 
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‘‘(1) DEADLINE FOR RELEASE.—Not later than 
12 months after the date of the enactment of the 
ACE Act, the Standards Board shall release vol-
untary considerations with respect to each of the 
categories described in subsection (b). 
‘‘(2) TRANSMISSION
AND
NOTIFICATION
RE-
QUIREMENTS.—Not later than 15 days after the 
date the Standards Board releases voluntary consid-
erations with respect to a category described in sub-
section (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 ju-
risdiction with respect to elections; 
‘‘(B) make the considerations available on 
a publicly accessible Government website; and 
‘‘(C) notify and transmit the consider-
ations to the chair and ranking minority mem-
ber of the Committee on House Administration 
of the House of Representatives, the chair and 
ranking minority member of the Committee on 
Rules and Administration of the Senate, and 
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the chairs and ranking minority members of 
other relevant committees of Congress. 
‘‘(d) USE OF REQUIREMENTS PAYMENTS FOR IMPLE-
MENTATION OF VOLUNTARY CONSIDERATIONS.—A State 
may use a requirements payment provided under this Act 
or any other Federal funds made available to the State 
by the Commission for the purposes of election adminis-
tration to implement any of the voluntary considerations 
released under subsection (a). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
‘‘(1) to require compliance with the voluntary 
considerations released under subsection (a), includ-
ing 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 the Civil Rights Act of 1964 or to 
treat compliance with such considerations as a de-
fense against an alleged violation of either 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 
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(2) by inserting after the item relating to sec-
tion 246 the following new item: 
‘‘Sec. 247. Release of voluntary considerations by Standards Board with respect 
to election administration.’’. 
Subtitle C—Requirements to Pro-
mote Integrity in Election Ad-
ministration 
SEC. 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’’ or the ‘‘NO VOTE for Non-Citi-
zens Act of 2023’’. 
(b) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) Every eligible American citizen 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. 
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(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 Nine-
teenth Amendment, the Twenty-Fourth Amend-
ment, 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 au-
thority, 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 con-
stitutional authority to ensure the Constitu-
tion’s prohibition on non-citizen voting in Fed-
eral 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. 
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(H) Improper placement of an ineligible 
non-citizen on a Federal voter registration list 
leads to— 
(i) confusion on the part of the ineli-
gible person with respect to their ineligi-
bility 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 ineli-
gible non-voters were able to cast ballots in pre-
vious elections and that she was not able to lo-
cate as many as 2,040 ballots during the 2018 
midterm recount. 
(K) This clarification of State authority to 
maintain Federal voter registration lists to en-
sure non-citizens are not included on such lists 
will promote voter confidence in election proc-
esses and outcomes. 
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(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 infor-
mation 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 in-
eligible persons from State voter registration 
rolls pursuant to section 8 of the National 
Voter Registration Act of 1993 (52 U.S.C. 
20507) and should strive to audit and update 
their voter registration rolls on a routine basis; 
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(B) allowing non-citizens to cast ballots in 
American elections weakens our electoral sys-
tem, directly and indirectly impacts Federal 
policy and funding decisions and candidate 
choice through the election of State and local 
officials, dilutes the value of citizenship, and 
sows distrust in our elections system; 
(C) even if a State has the sovereign au-
thority, 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 reg-
istration 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)) is 
amended— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
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(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)) is amended by 
striking ‘‘(4)(A)’’ and inserting ‘‘(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)) is amended— 
(1) in paragraph (5)(B), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) in the case of a State that allows individ-
uals 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 
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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 VOT-
ING.—Section 301(a)(1) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(1)) is amended by adding at 
the end the following new subparagraph: 
‘‘(D) In the case of a State or local juris-
diction that allows individuals who are not citi-
zens of the United States to vote in elections 
for public office in the State or local jurisdic-
tion, the ballot used for the casting of votes by 
a noncitizen in such State or local jurisdiction 
may only include the candidates for the elec-
tions for public office in the State or local juris-
diction for which the noncitizen is permitted to 
vote.’’. 
(f) REDUCTION IN PAYMENTS FOR ELECTION AD-
MINISTRATION
TO STATES
OR LOCAL JURISDICTIONS 
THAT ALLOW NONCITIZEN VOTING.— 
(1) IN GENERAL.—Title IX of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 21141 et seq.) is 
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amended by adding at the end the following new sec-
tion: 
‘‘SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL 
JURISDICTIONS THAT ALLOW NONCITIZEN 
VOTING. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the amount of a payment under this 
Act to any State or local jurisdiction that allows individ-
uals 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.—Notwith-
standing 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)) (as added by section 121(d) of the American 
Confidence in Elections Act) or section 301(a)(1)(D) of 
the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)(1)(D)) (as added by section 121(e) of the Amer-
ican Confidence in Elections Act) in a State or local juris-
diction that allows individuals who are not citizens of the 
United States to vote in elections for public office in the 
State or local jurisdiction.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents 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.— 
(A) REQUIREMENT.—Each entity of the 
Federal government which maintains informa-
tion which is relevant to the status of an indi-
vidual as a registered voter in elections for Fed-
eral office in a State shall, upon the request of 
an election official of the State, provide that in-
formation to the election official. 
(B) PROHIBITING FEES.—The head of an 
entity described in subparagraph (A) may not 
charge a fee for responding to an election offi-
cial’s request under such subparagraph. 
(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 pro-
cedures which will ensure that the information is 
provided securely, accurately, and in a timely basis. 
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(3) CONFORMING
AMENDMENT
RELATING
TO 
COVERAGE UNDER PRIVACY ACT.—Section 552a(b) 
of title 5, United States Code, is amended— 
(A) by striking ‘‘or’’ at the end of para-
graph (11); 
(B) by striking the period at the end of 
paragraph (12) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(13) to an election official of a State in ac-
cordance with section 121(h) of the American Con-
fidence in Elections Act.’’. 
(h) ENSURING PROVISION
OF INFORMATION
TO 
STATE ELECTION OFFICIALS ON INDIVIDUALS RECUSED 
FROM JURY SERVICE
ON GROUNDS
OF NONCITIZEN-
SHIP.— 
(1) REQUIREMENT
DESCRIBED.—If a United 
States district court recuses an individual from serv-
ing 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. 
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(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the ‘‘chief State election official’’ of a 
State is the individual designated by the State 
under section 10 of the National Voter Reg-
istration Act of 1993 (52 U.S.C. 20509) to be 
responsible for coordination of the State’s re-
sponsibilities under such Act; and 
(B) the term ‘‘State’’ has the meaning 
given such term in section 901 of the Help 
America Vote Act of 2002 (52 U.S.C. 21141), 
as amended by section 138. 
(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) 
is amended— 
(A) by striking ‘‘A person’’ and inserting 
‘‘(a) IN GENERAL.—A person’’; and 
(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. 
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‘‘(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 after the date of the 
enactment of this Act. 
SEC. 122. STATE REPORTING REQUIREMENTS WITH RE-
SPECT TO VOTER LIST MAINTENANCE. 
Section 8 of the National Voter Registration Act of 
1993 (52 U.S.C. 20507) is amended— 
(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. 
‘‘(4) Nothing in this subsection may be construed to 
waive the requirement that a State make the records 
maintained pursuant to paragraph (1) publically available, 
without regard to whether or not the records are main-
tained in whole or in part, or were provided to the State 
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or a political subdivision of the State, by a nongovern-
mental organization or other private entity.’’; 
(2) by redesignating subsection (j) as sub-
section (k); and 
(3) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j) REPORTING REQUIREMENTS.—Not later than 
June 30 of each odd-numbered year, each State shall sub-
mit 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 in-
active according to such criteria; 
‘‘(2) registrants who voted in at least one of the 
prior 2 consecutive general elections for Federal of-
fice; 
‘‘(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.’’. 
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SEC. 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)) is amend-
ed— 
(1) in paragraph (1), by inserting ‘‘, except that 
a State may, in addition to the criteria stated in sec-
tion 9(b), require that an applicant provide proof 
that the applicant is a citizen of the United States’’ 
after ‘‘elections for Federal office’’; and 
(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’’ after ‘‘elections for Federal office’’. 
SEC. 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 es-
tablished by the States should be administered 
without unlawful discrimination and with an 
eye toward balancing appropriate access to the 
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