IB 
Union Calendar No. 825 
118TH CONGRESS 
2D SESSION 
H. R. 4563 
[Report No. 118–978, Part I] 
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, Ms. 
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. SCOTT FRANK-
LIN of Florida, Mr. ALFORD, Mr. GRAVES of Missouri, Mr. CRENSHAW, 
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 
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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 
on the Judiciary, Ways and Means, Science, Space, and Technology, In-
telligence (Permanent Select), Homeland Security, Education and the 
Workforce, Financial Services, Oversight and Accountability, and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
JANUARY 3, 2025 
Additional sponsors: Mr. JAMES, Ms. DE LA CRUZ, Mr. LUTTRELL, Mr. 
ROSE, Mr. SMITH of Nebraska, Mr. YAKYM, Mr. FLOOD, Mr. FINSTAD, 
Mr. MCHENRY, Mr. BARR, Mr. KELLY of Mississippi, Mr. STEUBE, Ms. 
MALLIOTAKIS, Mr. MEUSER, Mrs. CAMMACK, Mr. GREEN of Tennessee, 
Mr. WALTZ, Mr. BILIRAKIS, Mr. EZELL, Mr. WALBERG, Mr. MCCOR-
MICK, Mr. FALLON, Mr. DUNN of Florida, Mr. SANTOS, Mr. HUIZENGA, 
Mr. LAHOOD, Mr. WEBER of Texas, Mr. BERGMAN, Mr. WILLIAMS of 
New York, Mr. LAMBORN, Ms. HAGEMAN, and Mr. NEHLS 
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JANUARY 3, 2025 
Reported from the Committee on House Administration with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JANUARY 3, 2025 
Committees on the Judiciary, Ways and Means, Science, Space, and Tech-
nology, Intelligence (Permanent Select), Homeland Security, Education 
and the Workforce, Financial Services, Oversight and Accountability, and 
Rules discharged; committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 11, 2023] 
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A BILL 
To promote election integrity, voter confidence, and faith 
in elections by removing Federal impediments to, equip-
ping States with tools for, and establishing voluntary 
considerations to support effective State administration 
of Federal elections, improving election administration 
in the District of Columbia, improving the effectiveness 
of military voting programs, enhancing election security, 
and protecting political speech, and for other purposes. 
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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 ‘‘American Confidence 
in Elections Act’’ or the ‘‘ACE Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. General findings. 
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. 
Subtitle B—Voluntary Considerations for State Administration of Federal 
Elections 
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. 
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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 secu-
rity number. 
Sec. 139. GAO study on domestic manufacturing and assembly of voting equip-
ment. 
Sec. 139A. GAO study and report on ability of States to comply with certain spe-
cial election requirements. 
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 Com-
mission. 
Sec. 153. Requirements with respect to staff and funding of the Election Assist-
ance Commission. 
Sec. 154. General requirements for payments made by Election Assistance Com-
mission. 
Sec. 155. Executive Board of the Standards Board authority to enter into con-
tracts. 
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 con-
nection 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-exempt 
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. 
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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. 
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 re-
port 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 contributions. 
Sec. 332. Exemption of uncompensated internet communications from treatment 
as contribution or expenditure. 
Sec. 333. Media exemption. 
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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 viola-
tions. 
Sec. 352. Permitting political committees to make disbursements by methods other 
than check. 
Sec. 353. Designation of individual authorized to make campaign committee dis-
bursements in event of death or incapacity 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 Elec-
tion 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. 
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 cybersecurity vulnerabilities in election equipment. 
Sec. 413. Sense of Congress regarding need to notify State and local officials of 
election cybersecurity incidents. 
TITLE V—CONGRESSIONAL REDISTRICTING 
Sec. 501. Sense of Congress on authority to establish maps of congressional dis-
tricts. 
Sec. 502. Authority for Speaker of the House to join certain civil actions relating 
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: 
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(1) According to Article 1, Section 4 of the Con-
stitution of the United States, the States have the pri-
mary role in establishing ‘‘(t)he Times, Places and 
Manner of holding Elections for Senators and Rep-
resentatives’’, while Congress has a purely secondary 
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, un-
funded Federal mandates on State and local elections 
officials. When Congress does speak, it must devote its 
efforts only to resolving highly significant and sub-
stantial deficiencies to ensure the integrity of our elec-
tions. State legislatures are the primary venues to es-
tablish rules for governing elections and correct most 
issues. 
(3) All eligible American voters who wish to par-
ticipate must have the opportunity to vote, and all 
lawful votes must be counted. 
(4) States must balance appropriate election ad-
ministration structures and systems with accessible 
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-
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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 deter-
mine the best redistricting processes for the particular 
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 discrimination. 
(10) The Civil Rights Act and the Voting Rights 
Act, which are not anchored in Article 1, Section 4 
of the Constitution, have seen much success since their 
passage in 1964 and 1965, and Congress should con-
tinue to exercise its constitutional authority in this 
space as appropriate. 
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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 Congress 
that constitutional scholar Robert Natelson has done invalu-
able work with respect to the history and understanding 
of the Elections Clause. 
(b) FINDINGS.—Congress finds the following: 
(1) The Constitution reserves to the States the 
primary authority and the duty to set election legisla-
tion 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 cir-
cumstances. History, precedent, the 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 
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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 Federal-
ists, including Alexander Hamilton, were concerned 
with the possibility that the States, in an effort to de-
stroy the Federal Government, simply might not hold 
elections or that an emergency, such as an invasion 
or insurrection, might prevent the operation of a 
State’s government, leaving the Congress without 
Members and the Federal Government unable to re-
spond. 
(3) Quite plainly, Alexander Hamilton, a lead-
ing Federalist and proponent of our Constitution, un-
derstood the Elections Clause as serving only as a sort 
of emergency fail-safe, not as a cudgel used to nation-
alize our elections process. Writing as Publius to the 
people of New York, Hamilton further expounds on 
the correct understanding of the Elections Clause: 
‘‘T[he] natural order of the subject leads us to con-
sider, in this place, that provision of the Constitution 
which authorizes the national legislature to regulate, 
in the last resort, the election of its own members.’’. 
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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’ constitutional 
ratifying conventions with respect to this provision, 
the Federalists confirmed this understanding of a con-
stitutionally limited, secondary congressional power 
under Article 1, Section 4. (‘‘[C]onvention delegate 
James McHenry added that the risk to the federal 
government [without a fail-safe provision] might not 
arise from state malice: An insurrection or rebellion 
might prevent a state legislature from administering 
an election.’’); (‘‘An occasion may arise when the ex-
ercise of this ultimate power of Congress may be nec-
essary . . . if a state should be involved in war, and 
its legislature could not assemble, (as was the case of 
South Carolina and occasionally of some other states, 
during the [Revolutionary] war).’’); (‘‘Sir, let it be 
remembered that this power can only operate in a 
case of necessity, after the factious or listless disposi-
tion of a particular state has rendered an interference 
essential to the salvation of the general government.’’). 
See Robert G. Natelson, The Original Scope of the 
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Congressional 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 Mem-
bers of Congress], or if a state crafted its election laws 
with a ‘sinister purpose’ or to injure the general gov-
ernment.’’ 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 ven-
ture upon it without some very cogent and substantial 
reason.’’. Alexander Contee Hanson (writing as 
Astrides), Remarks on the Proposed Plan: 31 Janu-
ary, reprinted in John P. Kaminski, Gaspare J. 
Saladino, and Richard Leffler (eds.), 3 Commentaries 
on the Constitution, public and private 18 December 
1787 to 31 January 1788 522–26 (1984). 
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(6) In fact, had the alternate view of the Elec-
tions Clause been accepted at the time of the Constitu-
tion’s drafting—that is, that it offers Congress unfet-
tered 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 re-
quired. 
(7) Indeed, at least seven of the original 13 
States—over half and enough to prevent the Constitu-
tion from being ratified—expressed specific concerns 
with the language of the Elections Clause. See 1 An-
nals of Cong. 799 (1789), Joseph Gales (ed.) (1834). 
However, ‘‘[l]eading Federalists...’’ assured them 
‘‘...that, even without amendment, the [Elections] 
Clause should be construed as limited to emergencies’’. 
Three States, New York, North Carolina, and Rhode 
Island, specifically made their ratification contingent 
on this understanding being made express. Ratifica-
tion of the Constitution by the State of New York 
(July 26, 1788) (‘‘Under these impressions and de-
claring that the rights aforesaid cannot be abridged or 
violated, and the Explanations aforesaid are con-
sistent with the said Constitution, And in confidence 
that the Amendments which have been proposed to the 
said Constitution will receive early and mature Con-
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sideration: We the said Delegates, in the Name and 
in [sic] the behalf of the People of the State of New 
York Do by these presents Assent to and Ratify the 
said Constitution. In full Confidence . . . that the 
Congress will not make or alter any Regulation in 
this State respecting the times places and manner of 
holding Elections for Senators or Representatives un-
less the Legislature of this State shall neglect or refuse 
to make laws or regulations for the purpose, or from 
any circumstance be incapable of making the same, 
and that in those cases such power will only be exer-
cised until the Legislature of this State shall make 
provision in the Premises’’); Ratification of the Con-
stitution 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 senators and representatives, or either of 
them, except when the legislature of any state shall 
neglect, refuse or be disabled by invasion or rebellion, 
to prescribe the same.’’); Ratification of the Constitu-
tion 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 
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amendments hereafter mentioned, will receive an 
early and mature consideration, and conformably to 
the fifth article of said constitution, speedily become 
a part thereof; We the said delegates, in the name, 
and in [sic] the behalf of the People, of the State of 
Rhode-Island and Providence-Plantations, do by these 
Presents, assent to, and ratify the said Constitution. 
In full confidence . . . That the Congress will not 
make or alter any regulation in this State, respecting 
the times, places and manner of holding elections for 
senators and representatives, unless the legislature of 
this state shall neglect, or refuse to make laws or regu-
lations for the purpose, or from any circumstance be 
incapable of making the same; and that [i]n those 
cases, such power will only be exercised, until the leg-
islature of this State shall make provision in the 
Premises[.]’’). 
(8) Congress finds that the Framers designed 
and the ratifying States understood the Elections 
Clause to serve solely as a protective backstop to en-
sure the preservation of the Federal Government, not 
as a font of limitless power for Congress to wrest con-
trol of Federal elections from the States. 
(9) This understanding was also reinforced by 
debate during the first Congress that convened under 
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the Constitution where Representative Aedanus Burke 
proposed a constitutional amendment to limit the 
Times, Places and Manner Clause to emergencies. Al-
though the amendment failed, those on both sides of 
the Burke amendment debate already understood the 
Elections Clause to limit Federal elections power to 
emergencies. 
(10) History clearly shows that even in the first 
Congress that convened under the Constitution, it was 
acknowledged and understood through the debates that 
ensued over the Elections Clause provision that Con-
gress’ 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 Govern-
ment’s power over Federal elections to emergencies 
and so thought there would be no harm in supporting 
an amendment to make that language express. Annals 
of Congress 801 (1789) Joseph Gales Edition. A Cen-
tury of Lawmaking for a New Nation: U.S. Congres-
sional Documents and Debates, 1774 - 1875 (loc.gov). 
So, even the records of the First Congress reflect a rec-
ognition of the emergency nature of congressional 
power over Federal elections. 
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(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 ‘‘...authority 
to provide a complete code for congressional elections, 
not only as to times and places, but in relation to no-
tices, registration, supervision of voting, protection of 
voters, prevention of fraud and corrupt practices, 
counting of votes, duties of inspectors and canvassers, 
and making and publication of election returns; in 
short, to enact the numerous requirements as to proce-
dure and safeguards which experience shows are nec-
essary in order to enforce the fundamental right in-
volved. And these requirements would be nugatory if 
they did not have appropriate sanctions in the defini-
tion of offenses and punishments. All this is com-
prised in the subject of ‘times, places and manner of 
holding elections’, and involves lawmaking in its es-
sential 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 
‘‘...supplement these state regulations or [to] sub-
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stitute 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 Coun-
cil of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The 
Court explained that the Elections Clause ‘‘...imposes 
[upon the States] the duty...to prescribe the time, 
place, and manner of electing Representatives and 
Senators[.]’’. Id. at 8. And, while, as the Court noted, 
‘‘[t]he power of Congress over the ‘Times, Places, and 
Manner’ of congressional 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 regulations effected supersede those 
of the State which are inconsistent therewith[]’’, id. at 
9, the Inter-Tribal Court explained, quoting exten-
sively from the Federalist no. 59, that it was clear 
that the congressional fail-safe included in the Elec-
tions Clause was intended for the sorts of govern-
mental self-preservation discussed here: ‘‘[E]very gov-
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ernment ought to contain in itself the means of its 
own preservation[.]’’; ‘‘[A]n exclusive power of regu-
lating elections for the national government, in the 
hands of the State legislatures, would leave the exist-
ence 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 congres-
sional fail-safe described in the Elections Clause vests 
purely secondary authority over Federal elections in 
the Federal legislative branch and that the primary 
authority rests with the States. Congressional author-
ity is intended to be, and as a matter of constitu-
tional fact is, limited to addressing the worst imag-
inable issues, such as invasion or other matters that 
might lead to a State not electing representatives to 
constitute the two Houses of Congress. Congress’ au-
thority has never extended to the day-to-day authority 
over the ‘‘Times, Places and Manner of Holding Elec-
tions’’ that the Constitution clearly reserves to the 
States. 
(16) Congress must act within the bounds of its 
constitutional authority when enacting legislation 
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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 ‘‘VOTERS 
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 Federal elections. 
See article I, section 4, clause 1 of the Constitution 
of the United States. 
(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. 
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(4) The Federal Government is in a position to 
provide States with voluntary tools to improve elec-
tion integrity and voter confidence, as well to remove 
Federal impediments that hinder State efforts. 
(5) The Election Assistance Commission (EAC) 
was established to assist States in the administration 
of Federal elections. One of its core missions is to 
serve as a clearinghouse for election administration 
information and to provide a forum for States to dis-
cuss and exchange ideas on issues related to the ad-
ministration 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 
voluntary considerations for various election adminis-
tration 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— 
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(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 elec-
tion for Federal office. 
‘‘(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 release con-
siderations with respect to each of the following categories: 
‘‘(1) The process for the administration of ballots 
delivered by mail, including— 
‘‘(A) deadlines for the return and receipt of 
such ballots to the appropriate election official; 
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‘‘(B) the design of such ballots, including 
the envelopes used to deliver the ballots; 
‘‘(C) the process for requesting and tracking 
the return of such ballots; 
‘‘(D) the processing of such ballots upon re-
ceipt by the appropriate election official, includ-
ing the schedule for counting the ballots and the 
reporting of the unofficial results of such count-
ing; 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 
methods of signature verification, an assessment of the 
training provided to individuals tasked to carry out 
such verification procedures, and the proposal of other 
less subjective methods of confirming the identity of a 
voter such as requiring the identification number of 
a valid government-issued photo identification or the 
last four digits of the voter’s social security number 
to be provided along with the voter’s signature. 
‘‘(3) The processes used to carry out maintenance 
of the official list of persons registered to vote in each 
State. 
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‘‘(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 re-
porting of the unofficial results of such counting. 
‘‘(6) The methods used to recruit poll workers 
and designate the location of polling places during a 
pandemic, natural disaster, or other emergency. 
‘‘(7) The education of the public with respect to 
the certification and testing of voting machines and 
related nonvoting election technology (as defined in 
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 ensure 
a secure chain of custody with respect to ballots and 
election equipment. 
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‘‘(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 compli-
ance by election administrators with applicable law. 
‘‘(c) RELEASE OF VOLUNTARY CONSIDERATIONS.— 
‘‘(1) DEADLINE FOR RELEASE.—Not later than 
12 months after the date of the enactment of the 
American Confidence in Elections Act, the Standards 
Board shall release voluntary considerations with re-
spect 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 consider-
ations 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 elect-
ed leadership of the legislature of each State, in-
cluding the elected leadership of any committee 
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of the legislature of a State with jurisdiction 
with respect to elections; 
‘‘(B) make the considerations available on a 
publicly accessible Government website; and 
‘‘(C) notify and transmit the considerations 
to the chair and ranking minority member of the 
Committee on House Administration of the 
House of Representatives, the chair and ranking 
minority member of the Committee on Rules and 
Administration of the Senate or their successor 
committees, and the chairs and ranking minor-
ity members of other relevant committees of Con-
gress. 
‘‘(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 administration 
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 
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‘‘(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 defense 
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 
(2) by inserting after the item relating to section 
246 the following new item: 
‘‘Sec. 247. Release of voluntary considerations by Standards Board and Local 
Leadership Council 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 Elec-
tions Act of 2023’’ or the ‘‘NO VOTE for Non-Citizens 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 
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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 
lists of eligible voters in Federal elections in a 
manner that promotes voter confidence. 
(C) The changes included herein are not in-
tended 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 elec-
tions. 
(E) Congress has the constitutional author-
ity, including under the aforementioned amend-
ments, 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 Constitution’s 
prohibition on non-citizen voting in Federal elec-
tions is upheld. 
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(G) Since the Constitution prohibits non- 
citizens from voting in Federal elections, such 
ineligible persons must not be permitted to be 
placed on lists of eligible voters in Federal elec-
tions. 
(H) Improper placement of an ineligible 
non-citizen on a list of eligible voters in Federal 
elections 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 poor-
ly maintained voter registration lists lead to in-
eligible persons casting ballots in Federal elec-
tions. 
(J) A former Broward County, Florida, 
elections supervisor has confirmed that ineligible 
non-voters were able to cast ballots in previous 
elections and that she was not able to locate as 
many as 2,040 ballots during the 2018 midterm 
recount. 
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(K) This clarification of State authority to 
maintain lists of eligible voters in Federal elec-
tions to ensure non-citizens are not included on 
such lists will promote voter confidence in elec-
tion processes and outcomes. 
(L) Congress has the authority to ensure 
that no Federal elections funding is used to sup-
port States that permit non-citizens to cast bal-
lots in any election. 
(M) Federal courts and executive agencies 
have much of the information States may need 
to maintain their lists of eligible voters in Fed-
eral elections, and those entities should make 
that information accessible to State election au-
thorities. 
(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 ineli-
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gible persons from State voter registration rolls 
pursuant to section 8 of the National Voter Reg-
istration Act of 1993 (52 U.S.C. 20507) and 
should strive to audit and update their voter reg-
istration rolls on a routine basis; 
(B) allowing non-citizens to cast ballots in 
American elections weakens our electoral system, 
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 author-
ity, no State should permit non-citizens to cast 
ballots in State or local elections; 
(D) States should use all information avail-
able to them to maintain Federal voter registra-
tion 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 PRO-
GRAMS.—Section 8(a)(4) of the National Voter Reg-
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istration Act of 1993 (52 U.S.C. 20507(a)(4)) is 
amended— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(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 ON-
GOING 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 para-
graph: 
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(f) REDUCTION IN PAYMENTS FOR ELECTION ADMINIS-
TRATION
TO STATES
OR LOCAL JURISDICTIONS THAT 
ALLOW NONCITIZEN VOTING.— 
(1) IN GENERAL.—Title IX of the Help America 
Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL 
JURISDICTIONS THAT ALLOW NONCITIZEN 
VOTING. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, the amount of a payment under this Act 
to any State or local jurisdiction that allows individuals 
who are not citizens of the United States to vote in elections 
for public office in the State or local jurisdiction shall be 
reduced by 30 percent. 
‘‘(b) PROHIBITION ON USE OF FUNDS FOR CERTAIN 
ELECTION ADMINISTRATION ACTIVITIES.—Notwithstanding 
any other provision of law, no Federal funds may be used 
to implement the requirements of section 8(a)(7) of the Na-
tional 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 American Confidence in 
Elections Act) in a State or local jurisdiction that allows 
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individuals who are not citizens of the United States to vote 
in elections for public office in the State or local jurisdic-
tion.’’. 
(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 non-
citizen voting.’’. 
(g) PROMOTING PROVISION OF INFORMATION BY FED-
ERAL 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 proce-
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dures which will ensure that the information is pro-
vided securely, accurately, and in a timely basis. 
(3) CONFORMING AMENDMENT RELATING TO COV-
ERAGE 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 accord-
ance with section 121(h) of the American Confidence 
in Elections Act.’’. 
(h) ENSURING PROVISION OF INFORMATION TO STATE 
ELECTION OFFICIALS
ON INDIVIDUALS RECUSED FROM 
JURY SERVICE ON GROUNDS OF NONCITIZENSHIP.— 
(1) REQUIREMENT
DESCRIBED.—If a United 
States district court recuses an individual from 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 
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(B) to the Attorney General of the United 
States. 
(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 Registra-
tion Act of 1993 (52 U.S.C. 20509) to be respon-
sible for coordination of the State’s responsibil-
ities 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 FED-
ERAL 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.— 
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‘‘(1) IN GENERAL.—It shall be unlawful for any 
alien to vote in any election in violation of section 
611 of title 18, United States Code. 
‘‘(2) PENALTIES.—Any person who violates this 
subsection shall be fined under title 18, United States 
Code, imprisoned not more than 1 year, or both.’’. 
(2) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection shall apply with 
respect to elections held after the date of the enact-
ment 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 reg-
istrants in a State who were inactive according to the cri-
teria 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 main-
tained pursuant to paragraph (1) publically available, 
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without regard to whether or not the records are maintained 
in whole or in part, or were provided to the State or a 
political subdivision of the State, by a nongovernmental or-
ganization or other private entity.’’; 
(2) by redesignating subsection (j) as subsection 
(k); and 
(3) by inserting after subsection (i) the following 
new subsection: 
‘‘(j) REPORTING REQUIREMENTS.—Not later than 
June 30 of each odd-numbered year, each State shall submit 
to the Election Assistance Commission a report that in-
cludes, with respect to such State during the preceding 2- 
year period, the total number of— 
‘‘(1) registrants who were inactive according to 
the criteria described in subsection (d)(1)(B) and the 
length of time each such registrant has been inactive 
according to such criteria; 
‘‘(2) registrants who voted in at least one of the 
prior 2 consecutive general elections for Federal office; 
‘‘(3) registrants removed from the list of official 
voters in the State pursuant to subsection (d)(1)(B); 
‘‘(4) notices sent to registrants pursuant to sub-
section (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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ballot box with election integrity and voter con-
fidence goals. 
(B) As confirmed by the bipartisan Com-
mission on Federal Election Reform (commonly 
known 
as 
the 
Carter-Baker 
Commission), 
‘‘[v]oters in nearly 100 democracies use a photo 
identification card without fear of infringement 
of their rights’’. 
(C) As confirmed by the Carter-Baker Com-
mission, ‘‘[t]he right to vote is a vital component 
of U.S. citizenship and all States should use 
their best efforts to obtain proof of citizenship be-
fore registering voters.’’. 
(D) The Carter-Baker Commission was cor-
rect in its 2005 report when it recommended that 
the REAL ID Act be ‘‘modestly adapted for vot-
ing purposes to indicate on the front or back 
whether the individual is a U.S. citizen.’’. 
(E) Congress acknowledges the important 
work completed by the Carter-Baker Commission 
and, by amending the REAL ID Act, resolves the 
concerns in the Commission’s report that ‘‘[t]he 
REAL ID Act does not require that the card in-
dicates citizenship, but that would need to be 
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done if the card is to be used for voting pur-
poses’’. 
(F) Photographic voter identification is im-
portant for ensuring voter confidence in election 
processes and outcomes. 
(G) Requiring photographic voter identi-
fication is well within States’ constitutional 
competence, including pursuant to the Qualifica-
tions Clause of the Constitution of the United 
States (article I, section 2, clause 2), the Presi-
dential Electors Clause of the Constitution (arti-
cle II, section 1, clause 2), and the Seventeenth 
Amendment. 
(H) 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 elec-
tions. 
(I) Congress has the constitutional author-
ity, including under the aforementioned amend-
ments, 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. 
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(J) Congress may further exercise its con-
stitutional authority to ensure the Constitution’s 
prohibition on non-citizen voting in Federal elec-
tions is upheld. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) the States should implement the sub-
stance of the recommendation of the Carter- 
Baker Commission that, ‘‘[t]o ensure that per-
sons presenting themselves at the polling place 
are the ones on the registration list, the Commis-
sion recommends that States [encourage] voters 
to use the REAL ID card, which was mandated 
in a law signed by the President in May 2005’’; 
and 
(B) a standard State photo identification 
document, when required for voting purposes, 
should be available at no cost to individuals who 
cannot afford the cost of obtaining such docu-
ment. 
(c) REAL ID ACT AMENDMENT.— 
(1) AMENDMENT.—Section 202(b) of the Real ID 
Act of 2005 (49 U.S.C. 30301 note) is amended by 
adding at the end the following new paragraph: 
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government that provides the same or 
more identifying information as re-
quired by subclauses (I) and (II) such 
that the election official is reasonably 
certain as to the identity of the indi-
vidual; or’’; and 
(B) in clause (ii)— 
(i) in subclause (I), by striking ‘‘or’’ at 
the end; 
(ii) in subclause (II), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the following 
new subclause: 
‘‘(III) such other documentation 
issued by a Federal, State, or local 
government that provides the same or 
more identifying information as re-
quired by subclauses (I) and (II) such 
that the election official is reasonably 
certain as to the identity of the indi-
vidual.’’. 
(c) 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 
304’’. 
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