(c) CONFIRMING REQUIREMENT THAT STATES PRO-
VIDE ACCESS.—Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21081 et seq.) is amended— 
(1) by redesignating sections 304 and 305 as 
sections 305 and 306; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. CONFIRMING ACCESS FOR CONGRESSIONAL 
ELECTION OBSERVERS. 
‘‘(a) FINDING OF CONSTITUTIONAL AUTHORITY.— 
Congress finds that it has the authority to require that 
States allow access to designated Congressional election 
observers to observe the election administration proce-
dures in an election for Federal office because the author-
ity granted to Congress under article I, section 5 of the 
Constitution of the United States gives each House of 
Congress the power to be the judge of the elections, re-
turns and qualifications of its own Members. 
‘‘(b) REQUIRING STATES TO PROVIDE ACCESS.—A 
State shall provide each individual who is a designated 
Congressional election observer for an election with full 
access to clearly observe all of the elements of the adminis-
tration procedures with respect to such election, including 
but not limited to in all areas of polling places and other 
facilities where ballots in the election are processed, tab-
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ulated, cast, canvassed, and certified, in all areas where 
voter registration activities occur before such election, and 
in any other such place where election administration pro-
cedures to prepare for the election or carry out any post- 
election recounts take place. No designated Congressional 
election observer may handle ballots, elections equipment 
(voting or non-voting), advocate for a position or can-
didate, take any action to reduce ballot secrecy, or other-
wise interfere with the elections administration process. 
‘‘(c) DESIGNATED CONGRESSIONAL ELECTION OB-
SERVER DESCRIBED.—In this section, a ‘designated Con-
gressional election observer’ is an individual who is des-
ignated in writing by the chair or ranking minority mem-
ber of the Committee on House Administration of the 
House of Representatives or the Committee on Rules and 
Administration of the Senate, or the successor committee 
in either House of Congress to gather information with 
respect to an election, including in the event that the elec-
tion is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, sec-
tion 5 of the Constitution of the United States.’’. 
(d) 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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(e) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 304 and 305 as relating to sections 305 and 
306; and 
(2) by inserting after the item relating to sec-
tion 303 the following: 
‘‘Sec. 304. Confirming access for Congressional election observers.’’. 
SEC. 126. USE OF REQUIREMENTS PAYMENTS FOR POST- 
ELECTION AUDITS. 
Section 251(b)(1) of the Help America Vote Act of 
2002 (52 U.S.C. 21001(b)(1)) is amended by inserting ‘‘, 
including to conduct and publish an audit of the effective-
ness and accuracy of the voting systems, election proce-
dures, and outcomes used to carry out an election for Fed-
eral office in the State and the performance of the State 
and local election officials who carried out the election’’ 
after ‘‘requirements of title III’’. 
SEC. 127. CERTAIN TAX BENEFITS AND SIMPLIFICATION 
WITH RESPECT TO ELECTION WORKERS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Election Worker Employer Participation Act’’. 
(b) EXCLUSION FROM GROSS INCOME FOR CERTAIN 
ELECTION WORKER COMPENSATION.— 
(1) IN GENERAL.—Part III of subchapter B of 
chapter 1 of the Internal Revenue Code of 1986 is 
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amended by inserting after section 139H the fol-
lowing new section: 
‘‘SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORK-
ERS. 
‘‘(a) IN GENERAL.—Gross income shall not include 
qualified election worker compensation. 
‘‘(b) LIMITATION.—The amount excludible from 
gross income under subsection (a) with respect to any tax-
payer for any taxable year shall not exceed the dollar 
amount in effect under section 3121(b)(7)(F)(iv) for the 
calendar year in which such taxable year begins. 
‘‘(c) QUALIFIED ELECTION WORKER COMPENSA-
TION.—For purposes of this section, the term ‘qualified 
election worker compensation’ means amounts otherwise 
includible in gross income which are paid by a State, polit-
ical subdivision of a State, or any instrumentality of a 
State or any political subdivision thereof, for the service 
of an individual as an election official or election worker 
(within the meaning of section 3121(b)(7)(F)(iv)).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for part III of subchapter B of chapter 1 of 
such Code is amended by inserting after the item re-
lating to section 139H the following new item: 
‘‘Sec. 139I. Certain compensation of election workers.’’. 
(c) INFORMATION REPORTING NOT REQUIRED BY 
REASON
OF CERTAIN AMOUNTS EXCLUDIBLE FROM 
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GROSS INCOME.—Section 6041 of such Code is amended 
by adding at the end the following new subsection: 
‘‘(h) TREATMENT OF CERTAIN EXCLUDIBLE COM-
PENSATION OF ELECTION WORKERS.—In the case of any 
payment by a State, political subdivision of a State, or 
any instrumentality of a State or any political subdivision 
thereof, for the service of an individual as an election offi-
cial or election worker (within the meaning of section 
3121(b)(7)(F)(iv)), the determination of whether the $600 
threshold described in subsection (a) has been met with 
respect to such individual shall be determined by not tak-
ing into account— 
‘‘(1) any such payment which is qualified elec-
tion worker compensation (as defined in section 
139I(c)) which does not exceed the limitation de-
scribed in section 139I(b), and 
‘‘(2) any such payment which is excludible from 
the gross income of such individual under section 
127.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to payments made after December 
31, 2023, in taxable years ending after such date. 
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SEC. 128. VOLUNTARY GUIDELINES WITH RESPECT TO NON-
VOTING ELECTION TECHNOLOGY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Protect American Voters Act’’. 
(b) ADOPTION
OF
VOLUNTARY
GUIDELINES
BY 
ELECTION ASSISTANCE COMMISSION.— 
(1) ADOPTION OF GUIDELINES.—Title II of the 
Help America Vote Act of 2002 (52 U.S.C. 20921 
et seq.) is amended by adding at the end the fol-
lowing new subtitle: 
‘‘Subtitle E—Voluntary Guidelines 
for Use of Nonvoting Election 
Technology 
‘‘SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COM-
MISSION. 
‘‘(a) ADOPTION.—The Commission shall adopt vol-
untary guidelines for election officials on the use of non-
voting election technology, taking into account the rec-
ommendations of the Standards Board and the Local 
Leadership Council of the Commission under section 
298A. 
‘‘(b) REVIEW.—The Commission shall review the 
guidelines adopted under this subtitle not less frequently 
than once every 4 years, and may adopt revisions to the 
guidelines as it considers appropriate. 
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‘‘(c) PROCESS FOR ADOPTION.—The adoption of the 
voluntary guidelines under this subtitle shall be carried 
out by the Commission in a manner that provides for each 
of the following: 
‘‘(1) Publication of notice of the proposed 
guidelines in the Federal Register. 
‘‘(2) An opportunity for public comment on the 
proposed guidelines. 
‘‘(3) An opportunity for a public hearing on the 
record. 
‘‘(4) Publication of the final recommendations 
in the Federal Register. 
‘‘(d) DEADLINE FOR INITIAL SET OF GUIDELINES.— 
The Commission shall adopt the initial set of voluntary 
guidelines under this section not later than December 31, 
2025. 
‘‘SEC. 298A. ROLE OF STANDARDS BOARD AND LOCAL LEAD-
ERSHIP COUNCIL. 
‘‘(a) DUTIES.—The Standards Board and the Local 
Leadership Council of the Commission shall assist the 
Commission in the adoption of voluntary guidelines under 
section 298, including by providing the Commission with 
recommendations on appropriate standards for the use of 
nonvoting election technology, including standards to en-
sure the security and accuracy, and promote the usability, 
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of such technology, and by conducting a review of existing 
State programs with respect to the testing of nonvoting 
election technology. 
‘‘(b) SOURCES OF ASSISTANCE.— 
‘‘(1) CERTAIN MEMBERS OF TECHNICAL GUIDE-
LINES
DEVELOPMENT
COMMITTEE.—The following 
members of the Technical Guidelines Development 
Committee under section 221 shall assist the Stand-
ards Board and the Local Leadership Council in car-
rying out their duties under this section: 
‘‘(A) The Director of the National Insti-
tute of Standards and Technology. 
‘‘(B) The representative of the American 
National Standards Institute. 
‘‘(C) The representative of the Institute of 
Electrical and Electronics Engineers. 
‘‘(D) The 4 members of the Technical 
Guidelines Development Committee appointed 
under subsection (c)(1)(E) of such section as 
the other individuals with technical and sci-
entific expertise relating to voting systems and 
voting equipment. 
‘‘(2) DETAILEE
FROM
CISA.—The Executive 
Board of the Standards Board may request the Di-
rector of the Cybersecurity and Infrastructure Secu-
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rity Agency of the Department of Homeland Secu-
rity to provide a detailee to assist the Standards 
Board in carrying out its duties under this section, 
so long as such detailee has no involvement in the 
drafting of any of the voluntary guidelines. 
‘‘SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE 
TECHNOLOGY. 
‘‘A State may use funds provided under any law for 
activities to improve the administration of elections for 
Federal office, including to enhance election technology 
and make election security improvements, to obtain non-
voting election technology which is in compliance with the 
voluntary guidelines adopted under section 298 or to up-
grade nonvoting election technology so that the technology 
is in compliance with such guidelines, and may, notwith-
standing any other provision of law, use any unobligated 
grant funding provided to the State by the Election Assist-
ance Commission from amounts appropriated under the 
heading 
‘Independent 
Agencies—Election 
Assistance 
Commission—Election Security Grants’ in title V of divi-
sion C of the Consolidated Appropriations Act, 2020 (Pub-
lic Law 116–93) for the purposes of enhancing election 
technology and making election security improvements 
until December 31, 2024. 
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‘‘SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED. 
‘‘In this subtitle, the term ‘nonvoting election tech-
nology’ means technology used in the administration of 
elections for Federal office which is not used directly in 
the casting, counting, tabulating, or collecting of ballots 
or votes, including each of the following: 
‘‘(1) Electronic pollbooks or other systems used 
to check in voters at a polling place or verify a vot-
er’s identification. 
‘‘(2) Election result reporting systems. 
‘‘(3) Electronic ballot delivery systems. 
‘‘(4) Online voter registration systems. 
‘‘(5) Polling place location search systems. 
‘‘(6) Sample ballot portals. 
‘‘(7) Signature systems. 
‘‘(8) Such other technology as may be rec-
ommended for treatment as nonvoting election tech-
nology as the Standards Board may recommend.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
of the items relating to title II the following: 
‘‘Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology 
‘‘Sec. 298. Adoption of voluntary guidelines by Commission. 
‘‘Sec. 298A. Role of Standards Board and Local Leadership Council. 
‘‘Sec. 298B. Use of payments to obtain or upgrade technology. 
‘‘Sec. 298C. Nonvoting election technology defined.’’. 
(c) TREATMENT OF TECHNOLOGY USED IN MOST 
RECENT ELECTION.—Any nonvoting election technology, 
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as defined in section 298C of the Help America Vote Act 
of 2002 (as added by subsection (a)(1)), which a State 
used in the most recent election for Federal office held 
in the State prior to the date of the enactment of this 
Act shall be deemed to be in compliance with the voluntary 
guidelines on the use of such technology which are adopted 
by the Election Assistance Commission under section 298 
of such Act (as added by subsection (a)(1)). 
SEC. 129. STATUS REPORTS BY NATIONAL INSTITUTE OF 
STANDARDS AND TECHNOLOGY. 
Section 231 of the Help America Vote Act of 2002 
(52 U.S.C. 20971) is amended by adding at the end the 
following new subsection: 
‘‘(e) STATUS REPORTS BY NATIONAL INSTITUTE OF 
STANDARDS AND TECHNOLOGY.—Not later than 60 days 
after the end of each fiscal year (beginning with 2023), 
the Director of the National Institute of Standards and 
Technology shall submit to Congress a status report de-
scribing— 
‘‘(1) the extent to which the Director carried 
out the Director’s responsibilities under this Act 
during the fiscal year, including the responsibilities 
imposed under this section and the responsibilities 
imposed with respect to the Technical Guidelines 
Development Committee under section 222, together 
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with the Director’s best estimate of when the Direc-
tor will completely carry out any responsibility which 
was not carried out completely during the fiscal 
year; and 
‘‘(2) the extent to which the Director carried 
out any projects requested by the Commission dur-
ing the fiscal year, together with the Director’s best 
estimate of when the Director will complete any such 
project which the Director did not complete during 
the fiscal year.’’. 
SEC. 130. REQUIREMENTS WITH RESPECT TO ELECTION 
MAIL. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Election Integrity Mail Reform Act of 2023’’. 
(b) PRIORITIZING
ELECTION
MAIL.—Title 39, 
United States Code, is amended by adding after chapter 
36 the following: 
‘‘CHAPTER 37—ELECTION AND POLITICAL 
MAIL 
‘‘Sec. 
‘‘3701. Prioritization of processing and delivery of election mail. 
‘‘3702. Use of nonprofit permit for cooperative mailings. 
‘‘3703. Marking or notice on election mail. 
‘‘3704. Application to Uniformed and Overseas Citizens Absentee Voting Act. 
‘‘§ 3701. Prioritization of processing and delivery of 
election mail 
‘‘(a) IN GENERAL.—The Postal Service shall give pri-
ority to the processing and delivery of election mail. In 
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carrying out this subsection, the Postal Service shall at 
a minimum— 
‘‘(1) deliver any election mail regardless of the 
amount of postage paid; 
‘‘(2) shall, to the greatest extent practicable, 
process and clear election mail from any postal facil-
ity each day; and 
‘‘(3) carry and deliver election mail expedi-
tiously. 
‘‘(b) ELECTION MAIL WITH INSUFFICIENT POST-
AGE.—In carrying out subsection (a)(1), the Postal Serv-
ice shall process and deliver election mail with insufficient 
postage in the same manner as election mail with suffi-
cient postage, but may collect insufficient postage after 
delivery of any election mail with insufficient postage. 
‘‘(c) UNDERFUNDED OR OVERDRAWN ACCOUNTS.— 
The Postal Service shall process and deliver election mail, 
under the standards in place under subsection (a), sent 
from a customer using an account registered with the 
Postal Service (including a corporate account or an ad-
vance deposit account) even if such account is under-
funded or overdrawn. Nothing in this section shall be con-
strued to limit or otherwise prevent the Postal Service 
from seeking reimbursement from any person regarding 
unpaid postage. 
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‘‘(d) ELECTION MAIL DEFINED.—In this chapter, 
the term ‘election mail’ means any item mailed to or from 
an individual for purposes of the individual’s participation 
in an election for public office, including balloting mate-
rials, voter registration cards, absentee ballot applications, 
polling place notification and photographic voter identi-
fication materials. 
‘‘§ 3702. Use of nonprofit permit for cooperative mail-
ings 
‘‘Notwithstanding any other law, rule, or regulation, 
a national, State, or local committee of a political party 
(as defined under the Federal Election Campaign Act of 
1971) which is eligible to mail at the nonprofit rate may 
conduct a cooperative mailing at that nonprofit rate with 
a candidate, a candidate’s committee, or another com-
mittee of a political party, and may seek reimbursement 
from such a candidate, candidate’s committee, or com-
mittee of a political party for the costs of such mailing. 
‘‘§ 3703. Marking or notice on election mail 
‘‘(a) IN GENERAL.—For the purposes of assisting 
election officials in processing election mail, the Postal 
Service shall place a marking or notice indicating that a 
piece of mail is election mail. 
‘‘(b) REQUIREMENTS.—The Postal Service may de-
termine the appropriate manner in which subsection (a) 
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is carried out, but at a minimum such marking or notice 
shall— 
‘‘(1) be placed, as soon as practicable, at the 
time the election mail is received by the Postal Serv-
ice, in a conspicuous and legible type or in a com-
mon machine-readable technology on the envelope or 
other cover in which the election mail is mailed; and 
‘‘(2) clearly demonstrate the date and time that 
such marking or noticed was so placed. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as requiring any change to the 
processes and procedures used by the Postal Service with 
respect to Postal Service barcodes on envelopes carried or 
delivered by the Postal Service. 
‘‘§ 3704. Application to Uniformed and Overseas Citi-
zens Absentee Voting Act 
‘‘This chapter shall not apply to balloting materials 
under the Uniformed and Overseas Citizens Absentee Vot-
ing Act and nothing in this chapter shall be construed to 
alter or otherwise affect the operation of such Act or sec-
tion 3406 of this title.’’. 
(c) POSTMARKING STAMPS.—Section 503 of title 18, 
United States Code, is amended— 
(1) by striking ‘‘Whoever forges’’ and inserting 
‘‘(a) Whoever forges’’; 
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(2) by striking ‘‘or such impression thereof,’’ 
and all that follows and inserting the following: 
‘‘or such impression thereof— 
‘‘(1) shall be fined under this title or impris-
oned not more than five years, or both; or 
‘‘(2) if the impression from a postmarking 
stamp or impression thereof forged, counterfeited, 
used, sold, or possessed in violation of this section 
is applied to a mailed ballot for an election for Fed-
eral, State, or local office, shall be fined under this 
title or imprisoned not more than 10 years, or 
both.’’; and 
(3) by adding at the end following new sub-
section: 
‘‘(a) Whoever, with the intent to falsify the date on 
which a postmark was applied, applies to a mailed ballot 
described in subsection (a)(2) a genuine postmark that 
bears a date other than the date on which such postmark 
was applied, shall be subject to the penalties set forth in 
such subsection.’’. 
SEC. 131. CLARIFICATION OF RIGHT OF STATE TO APPEAL 
DECISIONS 
THROUGH 
DULY 
AUTHORIZED 
REPRESENTATIVE. 
Section 1254 of title 28, United States Code, is 
amended— 
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(1) in paragraph (1), by striking the semicolon 
at the end and inserting a period; and 
(2) by adding at the end the following: 
‘‘(3) By appeal by a party (including the State 
as represented by any agent authorized as a party 
under State law) relying on a State statute held by 
a court of appeals to be invalid as repugnant to the 
Constitution, treaties or laws of the United States, 
but such appeal shall preclude review by writ of cer-
tiorari at the instance of such appellant, and the re-
view on appeal shall be restricted to the Federal 
questions presented.’’. 
SEC. 132. FEDERAL AGENCY INVOLVEMENT IN VOTER REG-
ISTRATION ACTIVITIES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Promoting Free and Fair Elections Act of 2023’’. 
(b) CLARIFICATION OF FEDERAL AGENCY INVOLVE-
MENT IN VOTER REGISTRATION ACTIVITIES.—Executive 
Order 14019 (86 Fed. Reg. 13623; relating to promoting 
access to voting) shall have no force or effect to the extent 
that it is inconsistent with section 7 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20506). 
(c) PROHIBITING PROMOTION OF VOTER REGISTRA-
TION BY AGENCIES.— 
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(1) AGREEMENTS
WITH
NONGOVERNMENTAL 
ORGANIZATIONS.—None of the funds made available 
for the salaries and expenses of an agency may be 
used to solicit or enter into an agreement with a 
nongovernmental organization to conduct voter reg-
istration or voter mobilization activities, including 
registering voters or providing any person with voter 
registration materials, absentee or vote-by-mail bal-
lot applications, voting instructions, or candidate-re-
lated information, on the property or website of the 
agency. 
(2) ACTIVITIES
UNDER
EXECUTIVE
ORDER 
14019.— 
(A) DELAY IN IMPLEMENTATION.— 
(i) DELAY.—Except as provided in 
clause (ii), none of the funds made avail-
able for the salaries and expenses of an 
agency may be used to implement activities 
directed under Executive Order 14019 (86 
Fed. Reg. 13623) until— 
(I) in the case of an agency that 
is required to submit a report to the 
appropriate congressional committees 
under subparagraph (B)(i), 180 days 
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after the agency submits the report; 
or 
(II) in the case of an agency that 
is required to submit a report to the 
appropriate congressional committees 
under subparagraph (B)(ii), the date 
on which the agency submits the re-
port. 
(ii) EXCEPTION.—Clause (i) shall not 
apply to any activity described in section 
7(c) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20506(c)). 
(B) REPORT.—Not later than 30 days 
after the date of enactment of this Act, the 
head of each agency shall submit to the appro-
priate congressional committees— 
(i) a copy of the strategic plan of the 
agency for promoting voter registration 
and voter participation under section 3(b) 
of Executive Order 14019 (86 Fed. Reg. 
13623) that the agency developed or sub-
mitted to the Assistant to the President 
for Domestic Policy; or 
(ii) if the agency did not develop or 
submit a plan described in clause (i) to the 
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Assistant to the President for Domestic 
Policy, a certification signed by the head of 
the agency that the agency did not develop 
or submit such a plan. 
(3) EFFECTIVE DATE.—Except as provided in 
paragraph (2)(B), this section shall apply with re-
spect to fiscal year 2023 and each succeeding fiscal 
year. 
(d) ADDITIONAL REPORT ON VOTER REGISTRATION 
AND MOBILIZATION.—Not later than 30 days after the 
date of enactment of this Act, the head of each agency 
shall submit to the appropriate congressional committees 
a report describing the activities carried out by the agency 
pursuant to sections 3 and 4 of Executive Order 14019 
(86 Fed. Reg. 13623). 
(e) PROHIBITING VOTER REGISTRATION AND MOBI-
LIZATION IN FEDERAL WORK-STUDY PROGRAMS.—Sec-
tion 443(b)(1) of the Higher Education Act of 1965 (20 
U.S.C. 1087–53(b)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
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‘‘(D) does not involve registering or mobi-
lizing voters on or off the campus of the institu-
tion; and’’. 
(f) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 3502(1) of title 
44, United States Code, except that for purposes of 
subsection (c)(2) such term does not include an 
independent regulatory agency as defined in section 
3502(5) of title 44, United States Code. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Rules and Adminis-
tration of the Senate; 
(B) the Committee on the Judiciary of the 
Senate; 
(C) the Committee on House Administra-
tion of the House of Representatives; and 
(D) the Committee on the Judiciary of the 
House of Representatives. 
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SEC. 133. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
ELECTION ADMINISTRATION IN STATES THAT 
PERMIT BALLOT HARVESTING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘No Federal Funds for Ballot Harvesting Act’’. 
(b) FINDINGS.—Congress finds that— 
(1) the right to vote is a fundamental right of 
citizens of the United States, as described by the 
Constitution of the United States; 
(2) the Committee on House Administration of 
the House of Representatives, which is charged with 
investigating election irregularities, received reports 
through its official Election Observer Program for 
the 2018 general election and the 2020 general elec-
tion, as well as from other stakeholders, that individ-
uals other than voters themselves were depositing 
large amounts of absentee ballots at polling places 
throughout California and other States, a practice 
colloquially known as ‘‘ballot harvesting’’; 
(3) the practice of ballot harvesting creates sig-
nificant vulnerabilities in the chain-of-custody of bal-
lots because individuals collecting ballots are not re-
quired to be registered voters and are not required 
to identify themselves at a voter’s home, and the 
State does not track how many ballots are harvested 
in an election; 
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(4) in North Carolina, a congressional election 
was invalidated due to fraud associated with ballot 
harvesting committed by a political operative, and it 
is unlikely such activity would have been detected 
were it not for the prohibition against ballot har-
vesting in the State; 
(5) ballot harvesting invites electioneering activ-
ity at home and weakens States’ long-standing voter 
protection procedures, which remain in place at poll-
ing locations, creating the possibility of undue influ-
ence over voters by political operatives and other bad 
actors; and 
(6) the Supreme Court of the United States has 
affirmed State authority to restrict ballot harvesting 
(Brnovich v. Democratic National Committee, 141 
S. Ct. 2321 (2021)). 
(c) PROHIBITION ON FEDERAL FUNDS FOR ELEC-
TION ADMINISTRATION FOR STATES ALLOWING COLLEC-
TION
AND TRANSMISSION
OF BALLOTS
BY CERTAIN 
THIRD PARTIES.— 
(1) IN GENERAL.—The Help America Vote Act 
of 2002 (52 U.S.C. 20901 et seq.) is amended by 
adding at the end the following new section: 
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‘‘SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELEC-
TION ADMINISTRATION FOR STATES ALLOW-
ING COLLECTION AND TRANSMISSION OF 
BALLOTS BY CERTAIN THIRD PARTIES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no Federal funds may be used to administer 
any election for Federal office in a State unless the State 
has in effect a law that prohibits an individual from the 
knowing collection and transmission of a ballot in an elec-
tion for Federal office that was mailed to another person, 
other than an individual described as follows: 
‘‘(1) An election official while engaged in offi-
cial duties as authorized by law. 
‘‘(2) An employee of the United States Postal 
Service or other commercial common carrier engaged 
in similar activities while engaged in duties author-
ized by law. 
‘‘(3) Any other individual who is allowed by law 
to collect and transmit United States mail, while en-
gaged in official duties as authorized by law. 
‘‘(4) A family member, household member, or 
caregiver of the person to whom the ballot was 
mailed. 
‘‘(b) DEFINITIONS.—For purposes of this section, 
with respect to a person to whom the ballot was mailed: 
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‘‘(1) The term ‘caregiver’ means an individual 
who provides medical or health care assistance to 
such person in a residence, nursing care institution, 
hospice facility, assisted living center, assisted living 
facility, assisted living home, residential care institu-
tion, adult day health care facility, or adult foster 
care home. 
‘‘(2) The term ‘family member’ means an indi-
vidual who is related to such person by blood, mar-
riage, adoption or legal guardianship. 
‘‘(3) The term ‘household member’ means an 
individual who resides at the same residence as such 
person.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
the following new item: 
‘‘Sec. 908. Prohibition on Federal funds for election administration for States 
allowing collection and transmission of ballots by certain third 
parties.’’. 
SEC. 134. CLARIFICATION WITH RESPECT TO FEDERAL 
ELECTION RECORD-KEEPING REQUIREMENT. 
Section 301 of the Civil Rights Act of 1960 (52 
U.S.C. 20701) is amended by inserting ‘‘ including enve-
lopes used to deliver voted ballots by mail (but excluding 
envelopes used to deliver blank ballots or absentee ballot 
requests or used for any purpose other than delivering 
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voted ballots),’’ after ‘‘requisite to voting in such elec-
tion,’’. 
SEC. 135. CLARIFICATION OF RULES WITH RESPECT TO 
HIRING OF ELECTION WORKERS. 
(a) PREFERENCES FOR VETERANS AND INDIVIDUALS 
WITH DISABILITIES.— 
(1) PREFERENCES.—In hiring election workers 
to administer an election in a State or local jurisdic-
tion, the State or local jurisdiction may give pref-
erence to individuals who are veterans or individuals 
with a disability. 
(2) INDIVIDUAL
WITH
A
DISABILITY
DE-
FINED.—In this subsection, an ‘‘individual with a 
disability’’ means an individual with an impairment 
that substantially limits any major life activities. 
(b) PREFERENCE AND WAIVER OF RESIDENCY RE-
QUIREMENT FOR SPOUSES AND DEPENDENTS OF ABSENT 
MILITARY VOTERS.— 
(1) PREFERENCE
AND
WAIVERS.—In hiring 
election workers to administer an election in a State 
or local jurisdiction, the State or local jurisdiction— 
(A) may give preference to an individual 
who is a nonresident military spouse or depend-
ent; and 
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(B) may not refuse to hire such an indi-
vidual as an election worker solely on the 
grounds that the individual does not maintain a 
place of residence in the State or local jurisdic-
tion. 
(2) NONRESIDENT MILITARY SPOUSE OR DE-
PENDENT
DEFINED.—In this subsection, a ‘‘non-
resident military spouse or dependent’’ means an in-
dividual who is an absent uniformed services voter 
under section 107(1)(C) of the Uniformed and Over-
seas Citizen Absentee Voting Act (52 U.S.C. 
20310(1)(C)). 
SEC. 136. UNITED STATES POSTAL SERVICE COORDINATION 
WITH STATES TO ENSURE MAILING ADDRESS-
ES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Postmaster General 
shall, in coordination with the appropriate State executives 
of each State, carry out a program to identify and assign 
a mailing address to each home in each State that, as of 
the date of the enactment of this Act, does not have a 
mailing address assigned to such home, with a priority 
given to assigning mailing addresses to such homes located 
on Indian lands. 
(b) DEFINITIONS.—In this section: 
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(1) INDIAN.—The term ‘‘Indian’’ has the mean-
ing given the term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 5304). 
(2) INDIAN LANDS.—The term ‘‘Indian lands’’ 
includes— 
(A) any Indian country of an Indian Tribe, 
as defined under section 1151 of title 18, 
United States Code; 
(B) any land in Alaska owned, pursuant to 
the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.), by an Indian Tribe that 
is a Native village (as defined in section 3 of 
that Act (43 U.S.C. 1602)) or by a Village Cor-
poration that is associated with an Indian Tribe 
(as defined in section 3 of that Act (43 U.S.C. 
1602)); 
(C) any land on which the seat of the Trib-
al Government is located; and 
(D) any land that is part or all of a Tribal 
designated statistical area associated with an 
Indian Tribe, or is part or all of an Alaska Na-
tive village statistical area associated with an 
Indian Tribe, as defined by the Census Bureau 
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for the purposes of the most recent decennial 
census. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(4) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 901 of the Help 
America Vote Act of 2002 (52 U.S.C. 21141). 
(5) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the recognized governing body 
of an Indian Tribe. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $5,000,000 to carry out this 
section. 
SEC. 137. STATE DEFINED. 
Section 901 of the Help America Vote Act of 2002 
(52 U.S.C. 21141) is amended by striking ‘‘and the 
United States Virgin Islands’’ and inserting ‘‘the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands’’. 
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TITLE IV—DISTRICT OF COLUM-
BIA 
ELECTION 
INTEGRITY 
AND VOTER CONFIDENCE 
SEC. 141. SHORT TITLE. 
This title may be cited as the ‘‘American Confidence 
in Elections: District of Columbia Election Integrity and 
Voter Confidence Act’’. 
SEC. 142. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF 
COLUMBIA. 
(a) REQUIREMENTS DESCRIBED.—Title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21801 et seq.) 
is amended by adding at the end the following new sub-
title: 
‘‘Subtitle C—Requirements for 
Elections in District of Columbia 
‘‘SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; 
FINDINGS. 
‘‘Congress finds that it has the authority to establish 
the terms and conditions for the administration of elec-
tions for public office in the District of Columbia— 
‘‘(1) under article I, section 8, clause 17 of the 
Constitution of the United States, which grants Con-
gress the exclusive power to enact legislation with 
respect to the seat of the Government of the United 
States; and 
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‘‘(2) under other enumerated powers granted to 
Congress. 
‘‘SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Voter Identification Act’. 
‘‘(b) REQUIRING PROVISION OF IDENTIFICATION TO 
RECEIVE A BALLOT OR VOTE.— 
‘‘(1) INDIVIDUALS VOTING IN PERSON.—A Dis-
trict of Columbia election official may not provide a 
ballot for a District of Columbia election to an indi-
vidual who desires to vote in person unless the indi-
vidual presents to the official an identification de-
scribed in paragraph (3). 
‘‘(2) INDIVIDUALS
VOTING
OTHER
THAN
IN 
PERSON.—A District of Columbia election official 
may not provide a ballot for a District of Columbia 
election to an individual who desires to vote other 
than in person unless the individual submits with 
the application for the ballot a copy of an identifica-
tion described in paragraph (3). 
‘‘(3) IDENTIFICATION DESCRIBED.—An identi-
fication described in this paragraph is, with respect 
to an individual, any of the following: 
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‘‘(A) A current and valid motor vehicle li-
cense issued by the District of Columbia or any 
other current and valid photo identification of 
the individual which is issued by the District of 
Columbia or the identification number for such 
motor vehicle license or photo identification. 
‘‘(B) A current and valid United States 
passport, a current and valid military photo 
identification, or any other current and valid 
photo identification of the individual which is 
issued by the Federal Government. 
‘‘(C) Any current and valid photo identi-
fication of the individual which is issued by a 
Tribal Government. 
‘‘(D) A student photo identification issued 
by a secondary school (as such term is defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)) or an institution of higher education (as 
such term is defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)). 
‘‘(E) The last 4 digits of the individual’s 
social security number. 
‘‘(4) ENSURING PROOF OF RESIDENCE.—If an 
individual presents or submits an identification de-
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scribed in paragraph (3) which does not include the 
address of the individual’s residence, the District of 
Columbia election official may not provide a ballot to 
the individual unless the individual presents or sub-
mits a document or other written information from 
a third party which— 
‘‘(A) provides the address of the individ-
ual’s residence; and 
‘‘(B) such document or other written infor-
mation is of sufficient validity such that the 
election official is reasonably certain as to the 
identity of the individual. 
‘‘(c) PROVISION OF IDENTIFICATION WITHOUT COST 
TO INDIGENT INDIVIDUALS.—If the District of Columbia 
charges an individual a fee for an identification described 
in subsection (b)(3) and the individual provides an attesta-
tion that the individual is unable to afford the fee, the 
District of Columbia shall provide the identification to the 
individual at no cost. 
‘‘(d) SPECIAL RULE WITH RESPECT TO SINCERELY 
HELD RELIGIOUS BELIEFS.—In the case of an individual 
who is unable to comply with the requirements of sub-
section (b) due to sincerely held religious beliefs, the Dis-
trict of Columbia shall provide such individual with an al-
ternative identification that shall be deemed to meet the 
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requirements of an identification described in subsection 
(b)(3). 
‘‘(e) DESIGNATION
OF
DISTRICT
OF
COLUMBIA 
AGENCY TO PROVIDE COPIES OF IDENTIFICATION.—The 
Mayor of the District of Columbia shall designate an agen-
cy of the District of Columbia government to provide an 
individual with a copy of an identification described in 
subsection (b)(3) at no cost to the individual for the pur-
poses of meeting the requirement under subsection (b)(2). 
‘‘(f) INCLUSION OF PHOTOS IN POLL BOOKS.— 
‘‘(1) METHODS FOR OBTAINING PHOTOS.— 
‘‘(A) PROVISION OF PHOTOS BY OFFICES 
OF DISTRICT OF COLUMBIA GOVERNMENT.—If 
any office of the District of Columbia Govern-
ment has a photograph or digital image of the 
likeness of an individual who is eligible to vote 
in a District of Columbia election, the office, in 
consultation with the chief election official of 
the District of Columbia, shall provide access to 
the photograph or digital image to the chief 
election official of the District of Columbia. 
‘‘(B) TAKING
OF
PHOTOS
AT
POLLING 
PLACE.—If a photograph or digital image of an 
individual who votes in person at a polling place 
is not included in the poll book which contains 
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the name of the individuals who are eligible to 
vote in the District of Columbia election and 
which is used by election officials to provide 
ballots to such eligible individuals, the appro-
priate election official shall take a photograph 
of the individual and provide access to the pho-
tograph to the chief election official of the Dis-
trict of Columbia. 
‘‘(C) COPIES OF PHOTOS PROVIDED BY IN-
DIVIDUALS NOT VOTING IN PERSON.—The elec-
tion official who receives a copy of an identifica-
tion described in subsection (b)(3) which is sub-
mitted by an individual who desires to vote 
other than in person at a polling place shall 
provide access to the copy of the identification 
to the chief election official of the District of 
Columbia. 
‘‘(2) INCLUSION
IN
POLL
BOOKS.—The chief 
election official of the District of Columbia shall en-
sure that a photograph, digital image, or copy of an 
identification for which access is provided under 
paragraph (1) is included in the poll book which con-
tains the name of the individuals who are eligible to 
vote in the District of Columbia election and which 
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is used by election officials to provide ballots to such 
eligible individuals. 
‘‘(3) PROTECTION OF PRIVACY OF VOTERS.— 
The appropriate election officials of the District of 
Columbia shall ensure that any photograph, digital 
image, or copy of an identification which is included 
in a poll book under this subsection is not used for 
any purpose other than the administration of Dis-
trict of Columbia elections and is not provided or 
otherwise made available to any other person except 
as may be necessary to carry out that purpose. 
‘‘(g) EXCEPTIONS.—This section does not apply with 
respect to any individual who is— 
‘‘(1) entitled to vote by absentee ballot under 
the Uniformed and Overseas Citizens Absentee Vot-
ing Act (52 U.S.C. 20301 et seq.); 
‘‘(2) provided the right to vote otherwise than 
in person under section 3(b)(2)(B)(ii) of the Voting 
Accessibility for the Elderly and Handicapped Act 
(52 U.S.C. 20102(b)(2)(B)(ii)); or 
‘‘(3) entitled to vote otherwise than in person 
under any other Federal law. 
‘‘(h) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
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‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(2) TRIBAL GOVERNMENT.—The term ‘Tribal 
Government’ means the recognized governing body 
of an Indian Tribe. 
‘‘SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Voter List Maintenance Act’. 
‘‘(b) ANNUAL LIST MAINTENANCE.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The District of Co-
lumbia shall carry out annually a program to 
remove ineligible persons from the official list of 
persons registered to vote in the District of Co-
lumbia, as required by section 8 of the National 
Voter Registration Act of 1993 (52 U.S.C. 
20507) and pursuant to the procedures de-
scribed in subparagraph (B). 
‘‘(B) REMOVAL FROM VOTER ROLLS.—In 
the case of a registrant from the official list of 
eligible voters in District of Columbia elections 
who has failed to vote in a District of Columbia 
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election during a period of two consecutive 
years, the District of Columbia shall send to 
such registrant a notice described in section 
8(d)(2) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20507(d)(2)) and shall re-
move the registrant from the official list of eli-
gible voters in District of Columbia elections 
if— 
‘‘(i) the registrant fails to respond to 
such notice; and 
‘‘(ii) the registrant has not voted or 
appeared to vote in a District of Columbia 
election during the period beginning the 
date such notice is sent and ending the 
later of 4 years after the date such notice 
is sent or after two consecutive District of 
Columbia general elections have been held. 
‘‘(2) TIMING.—In the case of a year during 
which a regularly scheduled District of Columbia 
election is held, the District of Columbia shall carry 
out the program described in paragraph (1) not 
later than 90 days prior to the date of the election. 
‘‘(c) PROHIBITING SAME-DAY REGISTRATION.—The 
District of Columbia may not permit an individual to vote 
in a District of Columbia election unless, not later than 
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30 days prior to the date of the election, the individual 
is duly registered to vote in the election. 
‘‘SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF 
BALLOTS BY CERTAIN THIRD PARTIES. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Election Fraud Prevention Act’. 
‘‘(b) IN GENERAL.—The District of Columbia may 
not permit an individual to knowingly collect and transmit 
a ballot in a District of Columbia election that was mailed 
to another person, other than an individual described as 
follows: 
‘‘(1) An election official while engaged in offi-
cial duties as authorized by law. 
‘‘(2) An employee of the United States Postal 
Service or other commercial common carrier engaged 
in similar activities while engaged in duties author-
ized by law. 
‘‘(3) Any other individual who is allowed by law 
to collect and transmit United States mail, while en-
gaged in official duties as authorized by law. 
‘‘(4) A family member, household member, or 
caregiver of the person to whom the ballot was 
mailed. 
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‘‘(c) DEFINITIONS.—For purposes of this section, 
with respect to a person to whom the ballot was mailed: 
‘‘(1) The term ‘caregiver’ means an individual 
who provides medical or health care assistance to 
such person in a residence, nursing care institution, 
hospice facility, assisted living center, assisted living 
facility, assisted living home, residential care institu-
tion, adult day health care facility, or adult foster 
care home. 
‘‘(2) The term ‘family member’ means an indi-
vidual who is related to such person by blood, mar-
riage, adoption or legal guardianship. 
‘‘(3) The term ‘household member’ means an 
individual who resides at the same residence as such 
person. 
‘‘SEC. 325. TIMELY PROCESSING AND REPORTING OF RE-
SULTS. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Timely Reporting of Election Results Act’. 
‘‘(b) TIME FOR PROCESSING BALLOTS AND REPORT-
ING RESULTS.— The District of Columbia shall begin 
processing ballots received by mail in a District of Colum-
bia election as soon as such ballots are received and shall 
ensure to the greatest extent practicable that the results 
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of such District of Columbia election are reported to the 
public not later than 10:00 am on the date following the 
date of the election, but in no case shall such ballots be 
tabulated or such results be reported earlier than the clos-
ing of polls on the date of the election. 
‘‘(c) REQUIREMENT
TO
PUBLISH
NUMBER
OF 
VOTED BALLOTS ON ELECTION DAY.—The District of 
Columbia shall, as soon as practicable after the closing 
of polls on the date of a District of Columbia election, 
make available on a publicly accessible website the total 
number of voted ballots in the possession of election offi-
cials in the District of Columbia as of the time of the clos-
ing of polls on the date of such election, which shall in-
clude, as of such time— 
‘‘(1) the number of voted ballots delivered by 
mail; 
‘‘(2) the number of ballots requested for such 
election by individuals who are entitled to vote by 
absentee ballot under the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20301 et 
seq.); and 
‘‘(3) the number of voted ballots for such elec-
tion received from individuals who are entitled to 
vote by absentee ballot under the Uniformed and 
Overseas Citizens Absentee Voting Act (52 U.S.C. 
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20301 et seq.), including from individuals who, 
under such Act, voted by absentee ballot without re-
questing such a ballot. 
‘‘(d) REQUIREMENTS
TO
ENSURE
BIPARTISAN 
ELECTION ADMINISTRATION ACTIVITY.—With respect to 
a District of Columbia election, District of Columbia elec-
tion officials shall ensure that all activities are carried out 
in a bipartisan manner, which shall include a requirement 
that, in the case of an election worker who enters a room 
which contains ballots, voting equipment, or non-voting 
equipment as any part of the election worker’s duties to 
carry out such election, the election worker is accompanied 
by an individual registered to vote with respect to a dif-
ferent political party than such election worker, as deter-
mined pursuant to the voting registration records of the 
District of Columbia. 
‘‘SEC. 326. BAN ON NONCITIZEN VOTING. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Citizen Voter Act’. 
‘‘(b) BAN ON NONCITIZEN VOTING.—No individual 
may vote in a District of Columbia election unless the indi-
vidual is a citizen of the United States. 
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‘‘SEC. 327. REQUIREMENTS WITH RESPECT TO PROVI-
SIONAL BALLOTS. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Provisional Ballot Reform Act’. 
‘‘(b) IN GENERAL.—Except as provided in subsection 
(c), the District of Columbia shall permit an individual 
to cast a provisional ballot pursuant to section 302 if— 
‘‘(1) the individual declares that such individual 
is a registered voter in the District of Columbia and 
is eligible to vote in a District of Columbia election 
but the name of the individual does not appear on 
the official list of eligible voters for the polling place 
or an election official asserts that the individual is 
not eligible to vote; or 
‘‘(2) the individual declares that such individual 
is a registered voter in the District of Columbia and 
is eligible to vote in a District of Columbia election 
but does not provide an identification required under 
section 322, except that the individual’s provisional 
ballot shall not be counted in the election unless the 
individual provides such identification to the chief 
State election official of the District of Columbia not 
later than 5:00 pm on the second day which begins 
after the date of the election. 
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‘‘(c) REQUIREMENTS WITH RESPECT TO COUNTING 
PROVISIONAL BALLOTS IN CERTAIN CASES.—If the name 
of an individual who is a registered voter in the District 
of Columbia and eligible to vote in a District of Columbia 
election appears on the official list of eligible voters for 
a polling place in the District of Columbia, such individual 
may cast a provisional ballot pursuant to section 302 for 
such election at a polling place other than the polling place 
with respect to which the name of the individual appears 
on the official list of eligible voters, except that the individ-
ual’s provisional ballot shall not be counted in the election 
unless the individual demonstrates pursuant to the re-
quirements under section 302 that the individual is a reg-
istered voter in the jurisdiction of the polling place at 
which the individual cast such ballot. 
‘‘SEC. 328. MANDATORY POST-ELECTION AUDITS. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Mandatory Post-Election Audits Act’. 
‘‘(b) REQUIREMENT FOR POST-ELECTION AUDITS.— 
Not later than 30 days after each District of Columbia 
election, the District of Columbia shall conduct and pub-
lish an audit of the effectiveness and accuracy of the vot-
ing systems used to carry out the election and the per-
formance of the election officials who carried out the elec-
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tion, but in no case shall such audit be completed later 
than 2 business days before the deadline to file an election 
contest under the laws of the District of Columbia. 
‘‘SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCE-
DURES. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Public Observation of Election Procedures Act’. 
‘‘(b) DESIGNATED
REPRESENTATIVES
OF
CAN-
DIDATES, POLITICAL PARTIES, AND COMMITTEES AFFILI-
ATED WITH BALLOT INITIATIVES.— 
‘‘(1) AUTHORITY TO OBSERVE PROCEDURES.— 
An individual who is not a District of Columbia elec-
tion official may observe election procedures carried 
out in a District of Columbia election, as described 
in paragraph (2), if the individual is designated to 
observe such procedures by a candidate in the elec-
tion, a political party, or a committee affiliated with 
a ballot initiative or referendum in the election. 
‘‘(2) 
AUTHORITY
AND
PROCEDURES
DE-
SCRIBED.—The authority of an individual to observe 
election procedures pursuant to this subsection is as 
follows: 
‘‘(A) The individual may serve as a poll 
watcher to observe the casting and tabulation of 
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ballots at a polling place on the date of the elec-
tion or on any day prior to the date of the elec-
tion on which ballots are cast at early voting 
sites, and may challenge the casting or tabula-
tion of any such ballot. 
‘‘(B) The individual may serve as a poll 
watcher to observe the canvassing and proc-
essing of absentee or other mail-in ballots, in-
cluding the procedures for verification of signed 
certificates 
of 
transmission 
under 
section 
330(c)(2). 
‘‘(C) The individual may observe the re-
count of the results of the election at any loca-
tion at which the recount is held, and may chal-
lenge the tabulation of any ballot tabulated pur-
suant to the recount. 
‘‘(3) PROVISION OF CREDENTIALS.—The chief 
State election official of the District of Columbia 
shall provide each individual who is authorized to ob-
serve election procedures under paragraph (1) with 
appropriate credentials to enable the individual to 
observe such procedures. 
‘‘(4) EXCEPTION FOR CANDIDATES AND LAW 
ENFORCEMENT OFFICERS.—An individual may not 
serve as a poll watcher under subparagraph (A) or 
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(B) of paragraph (2), and the chief State election of-
ficial of the District of Columbia may not provide 
the individual with credentials to enable the indi-
vidual to serve as a poll watcher under such sub-
paragraph, if the individual is a candidate in the 
election or a law enforcement officer. 
‘‘(c) OTHER INDIVIDUALS.— 
‘‘(1) 
PETITION
FOR
OBSERVER
CREDEN-
TIALS.—In addition to the individuals described in 
subsection (b), any individual, including an indi-
vidual representing or affiliated with a domestic or 
international organization, may petition the chief 
State election official of the District of Columbia to 
provide the individual with credentials to observe 
election procedures carried out in a District of Co-
lumbia election, as described in subsection (b). 
‘‘(2) AUTHORITY
DESCRIBED.—If the chief 
State election official provides an individual with 
credentials under paragraph (1), the individual shall 
have the same authority to observe election proce-
dures carried out in the election as an individual de-
scribed in subsection (b), except that the individual 
may not challenge the casting, tabulation, can-
vassing, or processing of any ballot in the election. 
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‘‘(3) EXCEPTION FOR CANDIDATES AND LAW 
ENFORCEMENT OFFICERS.—The chief State election 
official of the District of Columbia may not provide 
an individual who is a candidate in the election or 
a law enforcement officer with credentials to serve as 
a poll watcher, as described in subparagraph (A) or 
(B) of subsection (b)(2). 
‘‘(d) AUTHORITY OF MEMBERS OF PUBLIC TO OB-
SERVE TESTING OF EQUIPMENT.—In addition to the au-
thority of individuals to observe procedures under sub-
sections (b) and (c), any member of the public may ob-
serve the testing of election equipment by election officials 
prior to the date of the election. 
‘‘(e) PROHIBITING LIMITS
ON ABILITY TO VIEW 
PROCEDURES.—An election official may not obstruct the 
ability of an individual who is authorized to observe an 
election procedure under this section to view the procedure 
as it is being carried out. 
‘‘(f) PROHIBITION
AGAINST
CERTAIN
RESTRIC-
TIONS.—An election official may not require that an indi-
vidual who observes election procedures under this section 
stays more than 3 feet away from the procedure as it is 
being carried out. 
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‘‘SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BAL-
LOT. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Mail Balloting Reform Act’. 
‘‘(b) PROHIBITING TRANSMISSION OF UNSOLICITED 
BALLOTS.—The District of Columbia may not transmit 
an absentee or other mail-in ballot for a District of Colum-
bia election to any individual who does not request the 
District of Columbia to transmit the ballot. 
‘‘(c) SIGNATURE VERIFICATION.— 
‘‘(1) INCLUSION OF CERTIFICATE WITH BAL-
LOT.—The District of Columbia shall include with 
each absentee or other mail-in ballot transmitted for 
a District of Columbia election a certificate of trans-
mission which may be signed by the individual for 
whom the ballot is transmitted. 
‘‘(2) REQUIRING VERIFICATION FOR BALLOT TO 
BE COUNTED.—Except as provided in subsection (d), 
the District of Columbia may not accept an absentee 
or other mail-in ballot for a District of Columbia 
election unless— 
‘‘(A) the individual for whom the ballot 
was transmitted— 
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‘‘(i) signs and dates the certificate of 
transmission included with the ballot under 
paragraph (1); and 
‘‘(ii) includes the signed certification 
with the ballot and the date on such cer-
tification is accurate and in no case later 
than the date of the election; and 
‘‘(B) the individual’s signature on the bal-
lot matches the signature of the individual on 
the official list of registered voters in the Dis-
trict of Columbia or other official record or doc-
ument used by the District of Columbia to 
verify the signatures of voters. 
‘‘(d) NOTICE AND OPPORTUNITY TO CURE.— 
‘‘(1) NOTICE AND OPPORTUNITY TO CURE DIS-
CREPANCY IN SIGNATURES.—If an individual sub-
mits an absentee or other mail-in ballot for a Dis-
trict of Columbia election and the appropriate Dis-
trict of Columbia election official determines that a 
discrepancy exists between the signature on such 
ballot and the signature of such individual on the of-
ficial list of registered voters in the District of Co-
lumbia or other official record or document used by 
the District of Columbia to verify the signatures of 
voters, such election official, prior to making a final 
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determination as to the validity of such ballot, 
shall— 
‘‘(A) make a good faith effort to imme-
diately notify the individual by mail, telephone, 
or (if available) text message and electronic 
mail that— 
‘‘(i) a discrepancy exists between the 
signature on such ballot and the signature 
of the individual on the official list of reg-
istered voters in the District of Columbia 
or other official record or document used 
by the District of Columbia to verify the 
signatures of voters; and 
‘‘(ii) if such discrepancy is not cured 
prior to the expiration of the 48-hour pe-
riod which begins on the date the official 
notifies the individual of the discrepancy, 
such ballot will not be counted; and 
‘‘(B) cure such discrepancy and count the 
ballot if, prior to the expiration of the 48-hour 
period described in subparagraph (A)(ii), the 
individual provides the official with information 
to cure such discrepancy, either in person, by 
telephone, or by electronic methods. 
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‘‘(2) NOTICE AND OPPORTUNITY TO CURE MISS-
ING
SIGNATURE
OR
OTHER
DEFECT.—If an indi-
vidual submits an absentee or other mail-in ballot 
for a District of Columbia election without a signa-
ture on the ballot or the certificate of transmission 
included with the ballot under subsection (c)(1) or 
submits an absentee ballot with another defect 
which, if left uncured, would cause the ballot to not 
be counted, the appropriate District of Columbia 
election official, prior to making a final determina-
tion as to the validity of the ballot, shall— 
‘‘(A) make a good faith effort to imme-
diately notify the individual by mail, telephone, 
or (if available) text message and electronic 
mail that— 
‘‘(i) the ballot or certificate of trans-
mission did not include a signature or has 
some other defect; and 
‘‘(ii) if the individual does not provide 
the missing signature or cure the other de-
fect prior to the expiration of the 48-hour 
period which begins on the date the official 
notifies the individual that the ballot or 
certificate of transmission did not include 
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a signature or has some other defect, such 
ballot will not be counted; and 
‘‘(B) count the ballot if, prior to the expi-
ration of the 48-hour period described in sub-
paragraph (A)(ii), the individual provides the 
official with the missing signature on a form 
proscribed by the District of Columbia or cures 
the other defect. 
This paragraph does not apply with respect to a de-
fect consisting of the failure of a ballot to meet the 
applicable deadline for the acceptance of the ballot, 
as described in subsection (e). 
‘‘(e) DEADLINE FOR ACCEPTANCE.— 
‘‘(1) DEADLINE.—Except as provided in para-
graph (2), the District of Columbia may not accept 
an absentee or other mail-in ballot for a District of 
Columbia election which is received by the appro-
priate election official following the close of polls on 
Election Day. 
‘‘(2) EXCEPTION FOR ABSENT MILITARY AND 
OVERSEAS VOTERS.—Paragraph (1) does not apply 
to a ballot cast by an individual who is entitled to 
vote by absentee ballot under the Uniformed and 
Overseas Citizens Absentee Voting Act (52 U.S.C. 
20301 et seq.). 
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‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed as prohibiting the 
District of Columbia from accepting an absentee or 
other mail-in ballot for a District of Columbia elec-
tion that is delivered in person by the voter to an 
election official at an appropriate polling place or 
the District of Columbia Board of Elections if such 
ballot is received by the election official by the dead-
line described in paragraph (1). 
‘‘SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF 
DROP BOXES. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘American Confidence in Elections: District of Columbia 
Ballot Security Act’. 
‘‘(b) REQUIREMENTS.—With respect to a District of 
Columbia election, the District of Columbia may not use 
a drop box to accept a voted absentee or other mail-in 
ballot for any such election unless— 
‘‘(1) any such drop box is located inside a Dis-
trict of Columbia Government building or facility; 
‘‘(2) the District of Columbia provides for the 
security of any such drop box through 24-hour re-
mote or electronic surveillance; and 
‘‘(3) the District of Columbia Board of Elec-
tions collects any ballot deposited in any such drop 
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box each day after 5:00 p.m. (local time) during the 
period of the election. 
‘‘SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION 
OF REQUIREMENTS TO FEDERAL ELECTIONS. 
‘‘With respect to an election for Federal office in the 
District of Columbia, to the extent that there is any incon-
sistency with the requirements of this subtitle and the re-
quirements of subtitle A, the requirements of this subtitle 
shall apply. 
‘‘SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED. 
‘‘In this subtitle, the term ‘District of Columbia elec-
tion’ means any election for public office in the District 
of Columbia, including an election for Federal office, and 
any ballot initiative or referendum.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking the period at the end and inserting 
the following: ‘‘, and the requirements of subtitle C with 
respect to the District of Columbia.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to title III the following: 
‘‘Subtitle C—Requirements for Elections in District of Columbia 
‘‘Sec. 321. Statement of Congressional authority; findings. 
‘‘Sec. 322. Requirements for photo identification. 
‘‘Sec. 323. Requirements for voter registration. 
‘‘Sec. 324. Ban on collection and transmission of ballots by certain third 
parties. 
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‘‘Sec. 325. Timely processing and reporting of results. 
‘‘Sec. 326. Ban on noncitizen voting. 
‘‘Sec. 327. Requirements with respect to provisional ballots. 
‘‘Sec. 328. Mandatory post-election audits. 
‘‘Sec. 329. Public observation of election procedures. 
‘‘Sec. 330. Requirements for voting by mail-in ballot. 
‘‘Sec. 331. Requirements with respect to use of drop boxes. 
‘‘Sec. 332. Special rule with respect to application of requirements to Fed-
eral elections. 
‘‘Sec. 333. District of Columbia election defined. 
SEC. 143. EFFECTIVE DATE. 
The amendments made by this title shall apply with 
respect to District of Columbia elections held on or after 
January 1, 2024. For purposes of this section, the term 
‘‘District of Columbia election’’ has the meaning given 
such term in section 333 of the Help America Vote Act 
of 2002, as added by section 143(a). 
TITLE V—ADMINISTRATION OF 
THE ELECTION ASSISTANCE 
COMMISSION 
SEC. 151. SHORT TITLE. 
This title may be cited as the ‘‘Positioning the Elec-
tion Assistance Commission for the Future Act of 2023’’. 
SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION 
OF THE ELECTION ASSISTANCE COMMISSION. 
Congress finds the following: 
(1) The Election Assistance Commission best 
serves the American people when operating within 
its core statutory functions, including serving as a 
clearinghouse for information on election administra-
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tion, providing grants, and testing and certifying 
election equipment. 
(2) The American people are best served when 
Federal agency election assistance is offered by a 
single agency with expertise in this space. The Elec-
tion Assistance Commission, composed of four elec-
tion experts from different political parties, is best 
situated among the Federal Government agencies to 
offer assistance services to citizens and to guide 
other Federal agencies that have responsibilities in 
the elections space. The Commission is also best 
suited to determine the timing of the issuance of any 
advisories and to disburse all appropriated election 
grant funding. 
(3) To this end, Congress finds that the Elec-
tion Assistance Commission should be viewed as the 
lead Federal Government agency on all election ad-
ministration matters, and other Federal agencies op-
erating in this space should look to the Commission 
for guidance, direction, and support on election ad-
ministration-related issues. 
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SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND 
FUNDING OF THE ELECTION ASSISTANCE 
COMMISSION. 
(a) STAFF.—Section 204(a)(5) of the Help America 
Vote Act of 2002 (52 U.S.C. 20924(a)(5)) is amended by 
striking ‘‘of such additional personnel’’ and inserting ‘‘of 
not more than 55 full-time equivalent employees to carry 
out the duties and responsibilities under this Act and the 
additional duties and responsibilities required under the 
American Confidence in Elections Act’’. 
(b) FUNDING.—Section 210 of the Help America 
Vote Act of 2002 (52 U.S.C. 20930) is amended— 
(1) by striking ‘‘for each of the fiscal years 
2003 through 2005’’ and inserting ‘‘for each of the 
fiscal years 2023 through 2025’’; and 
(2) by striking ‘‘(but not to exceed $10,000,000 
for each such year)’’ and inserting ‘‘(but not to ex-
ceed $25,000,000 for each such year)’’. 
(c) PROHIBITION ON CERTAIN USE OF FUNDS.— 
(1) PROHIBITION.—None of the funds author-
ized to be appropriated or otherwise made available 
under subsection (b) may be obligated or expended 
for the operation of an advisory committee estab-
lished by the Election Assistance Commission pursu-
ant to and in accordance with the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App. 2), 
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except with respect to the operation of the Local 
Leadership Council. 
(2) NO EFFECT ON ENTITIES ESTABLISHED BY 
HELP AMERICA VOTE ACT OF 2002.—Paragraph (1) 
does not apply with respect to the operation of any 
entity established by the Help America Vote Act of 
2002, including the Election Assistance Commission 
Standards Board, the Election Assistance Commis-
sion Board of Advisors, and the Technical Guide-
lines Development Committee. 
(d) REQUIREMENTS WITH RESPECT TO COMPENSA-
TION
OF
MEMBERS
OF
THE
COMMISSION.—Section 
203(d) of the Help America Vote Act of 2002 (52 U.S.C. 
20923(d)) is amended— 
(1) in paragraph (1), by striking ‘‘at the annual 
rate of basic pay prescribed for level IV of the Exec-
utive Schedule under section 5315 of title 5, United 
States Code’’ and inserting ‘‘at an annual rate of 
basic pay equal to the amount of $186,300, as ad-
justed under section 5318 of title 5, United States 
Code, in the same manner as the annual rate of pay 
for positions at each level of the Executive Sched-
ule’’; 
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(2) in paragraph (2), by striking ‘‘No member 
appointed’’ and inserting ‘‘Except as provided in 
paragraph (3), no member appointed’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) SUPPLEMENTAL EMPLOYMENT AND COM-
PENSATION.—An individual serving a term of service 
on the Commission shall be permitted to hold a posi-
tion at an institution of higher education (as such 
term is defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001) if— 
‘‘(A) the General Counsel of the Election 
Assistance Commission determines that such 
position does not create a conflict of interest 
with the individual’s position as a sitting mem-
ber of the Commission and grants the indi-
vidual approval to hold the position; and 
‘‘(B) the annual rate of compensation re-
ceived by the individual from such institution is 
not greater than the amount equal to 49.9% of 
the annual rate of basic pay paid to the indi-
vidual under paragraph (1).’’. 
(e) OFFICE OF INSPECTOR GENERAL.—Section 204 
of the Help America Vote Act of 2002 (52 U.S.C. 20924) 
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is amended by adding at the end the following new sub-
section: 
‘‘(f) OFFICE OF INSPECTOR GENERAL.—The Inspec-
tor General of the Election Assistance Commission may 
appoint not more than 7 full-time equivalent employees 
to assist the Inspector General to carry out the duties and 
responsibilities under section 404 of title 5, United States 
Code, of whom 2 shall have primarily administrative du-
ties and responsibilities.’’. 
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 
1, 2022. 
SEC. 154. GENERAL REQUIREMENTS FOR PAYMENTS MADE 
BY ELECTION ASSISTANCE COMMISSION. 
(a) EXCLUSIVE AUTHORITY OF ELECTION ASSIST-
ANCE COMMISSION TO MAKE ELECTION ADMINISTRATION 
PAYMENTS TO STATES.—No entity of the Federal Govern-
ment other than the Election Assistance Commission may 
make any payment to a State for purposes of admin-
istering elections for Federal office, including obtaining 
election and voting equipment and infrastructure, enhanc-
ing election and voting technology, and making election 
and voting security improvements, including with respect 
to cybersecurity and infrastructure. 
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(b) PROHIBITING USE OF PAYMENTS FOR GET-OUT- 
THE-VOTE-ACTIVITY.—Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 
amended by adding at the end the following new part: 
‘‘PART 7—GENERAL REQUIREMENTS FOR 
PAYMENTS 
‘‘SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT- 
THE-VOTE-ACTIVITY. 
‘‘(a) PROHIBITION.—No payment made to a State or 
unit of local government by the Commission may be used 
for get-out-the-vote activity. 
‘‘(b) DEFINITION.—In this section, the term ‘get-out- 
the-vote activity’ means, with respect to a payment made 
to a State or unit of local government, any activity which, 
at the time the payment is made, is treated as get-out- 
the-vote-activity under the Federal Election Campaign Act 
of 1971 and the regulations promulgated by the Federal 
Election Commission to carry out such Act.’’. 
(c) REQUIRING DISCLAIMER IN COMMUNICATIONS.— 
Part 7 of subtitle D of title II of such Act, as added by 
subsection (b), is amended by adding at the end the fol-
lowing new section: 
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100 
‘‘SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY 
PAYMENTS TO INCLUDE DISCLAIMER. 
‘‘(a) REQUIREMENT.—If a State or unit of local gov-
ernment disseminates a public communication which was 
developed or disseminated in whole or in part with a pay-
ment made to the State or local government by the Com-
mission, the State or unit of local government shall ensure 
that the communication includes, in a clear and con-
spicuous manner, the following statement: ‘Paid for using 
Federal taxpayer funds pursuant to the Help America 
Vote Act’. 
‘‘(b) CLEAR
AND
CONSPICUOUS
MANNER
DE-
SCRIBED.—A statement required under subsection (a) 
shall be considered to be in a clear and conspicuous man-
ner if the statement meets the following requirements: 
‘‘(1) TEXT OR GRAPHIC COMMUNICATIONS.—In 
the case of a text or graphic communication, the 
statement— 
‘‘(A) appears in letters at least as large as 
the majority of the text in the communication 
‘‘(B) is contained in a printed box set 
apart from the other contents of the commu-
nication; and 
‘‘(C) is printed with a reasonable degree of 
color contrast between the background and the 
printed statement. 
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101 
‘‘(2) AUDIO COMMUNICATIONS.—In the case of 
an audio communication, the statement is spoken in 
a clearly audible and intelligible manner at the be-
ginning or end of the communication and lasts at 
least 3 seconds. 
‘‘(3) VIDEO COMMUNICATIONS.—In the case of 
a video communication which also includes audio, 
the statement— 
‘‘(A) is included at either the beginning or 
the end of the communication; and 
‘‘(B) is made both in— 
‘‘(i) a written format that meets the 
requirements of subparagraph (A) and ap-
pears for at least 4 seconds; and 
‘‘(ii) an audible format that meets the 
requirements of subparagraph (B). 
‘‘(4) OTHER COMMUNICATIONS.—In the case of 
any other type of communication, the statement is 
at least as clear and conspicuous as the statement 
specified in paragraph (1), (2), or (3). 
‘‘(c) PUBLIC COMMUNICATION.—In this section, the 
term ‘public communication’ means a communication by 
means of any broadcast, cable, or satellite communication, 
newspaper, magazine, outdoor advertising facility, mass 
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102 
mailing, or telephone bank to the general public, or any 
other form of general public advertising.’’. 
(d) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting at the end of the items 
relating to subtitle D of title II the following: 
‘‘PART 7—GENERAL REQUIREMENTS FOR PAYMENTS 
‘‘Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. 
‘‘Sec. 297A. Requiring communications funded by payments to include dis-
claimer.’’. 
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to pay-
ments made on or after the date of the enactment of this 
Act. 
SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD 
AUTHORITY TO ENTER INTO CONTRACTS. 
Section 213(c) of the Help America Vote Act of 2002 
(52 U.S.C. 20943(c)) is amended by adding at the end 
the following new paragraph: 
‘‘(5) 
AUTHORITY
TO
ENTER
INTO
CON-
TRACTS.—The Executive Board of the Standards 
Board may, using amounts already made available 
to the Commission, enter into contracts to employ 
and retain no more than 2 individuals to enable the 
Standards Board to discharge its duties with respect 
to the examination and release of voluntary consider-
ations with respect to the administration of elections 
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103 
for Federal offices by the States under section 247, 
except that— 
‘‘(A) no more than 1 individual from the 
same political party may be employed under 
such contracts at the same time; 
‘‘(B) the authority to enter into such con-
tracts shall end on the earlier of the date of the 
release of the considerations or December 31, 
2023; and 
‘‘(C) no additional funds may be appro-
priated to the Commission for the purposes of 
carrying out this paragraph.’’. 
SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY 
ROLE IN ELECTION ADMINISTRATION. 
Except as provided in any other provision of law, the 
Election Assistance Commission shall, with respect to any 
other entity of the Federal Government, have primary ju-
risdiction to address issues with respect to the administra-
tion of elections for Federal office. 
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104 
TITLE VI—PROHIBITION ON IN-
VOLVEMENT 
IN 
ELECTIONS 
BY FOREIGN NATIONALS 
SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONA-
TIONS BY FOREIGN NATIONALS IN CONNEC-
TION 
WITH 
BALLOT 
INITIATIVES 
AND 
REFERENDA. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Keeping Foreign Money out of Ballot Measures Act of 
2023’’. 
(b) IN GENERAL.—Chapter 29 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 612. Foreign nationals making certain political 
contributions 
‘‘(a) PROHIBITION.—It shall be unlawful for a for-
eign national, directly or indirectly, to make a contribution 
as such term is defined in section 301(8)(A) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) 
or donation of money or other thing of value, or to make 
an express or implied promise to make a contribution or 
donation, in connection with a State or local ballot initia-
tive or referendum. 
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‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined not more than $250,000, imprisoned for 
not more than 5 years, or both. 
‘‘(c) FOREIGN NATIONAL DEFINED.—In this section, 
the term ‘foreign national’ has the meaning given such 
term in section 319(b) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(b)).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘612. Foreign nationals making certain political contributions.’’. 
(d) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to contributions and 
donations made on or after the date of the enactment of 
this Act. 
SEC. 162. PROHIBITING PROVIDING ASSISTANCE TO FOR-
EIGN NATIONALS IN MAKING CONTRIBU-
TIONS OR DONATIONS IN CONNECTION WITH 
ELECTIONS. 
(a) PROHIBITION.—Section 319(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is 
amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘: or’’; and 
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(3) by adding at the end the following new 
paragraph: 
‘‘(3) a person to knowingly help or assist a for-
eign national in violating this subsection.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to contributions and 
donations made on or after the date of the enactment of 
this Act. 
TITLE VII—CONSTITUTIONAL EX-
PERTS PANEL WITH RESPECT 
TO 
PRESIDENTIAL 
ELEC-
TIONS 
SEC. 171. SHORT TITLE. 
This title may be cited as the ‘‘Solving an Overlooked 
Loophole in Votes for Executives (SOLVE) Act’’. 
SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL 
EXPERTS. 
(a) ESTABLISHMENT.—There is established the 
‘‘Twentieth Amendment Section Four Panel’’ (in this sec-
tion referred to as the ‘‘Panel’’). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Panel shall be composed 
of 6 constitutional experts, of whom— 
(A) 1 shall be appointed by the majority 
leader of the Senate; 
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(B) 1 shall be appointed by the minority 
leader of the Senate; 
(C) 1 shall be appointed jointly by the ma-
jority and minority leader of the Senate; 
(D) 1 shall be appointed by the Speaker of 
the House of Representatives; 
(E) 1 shall be appointed by minority leader 
of the House of Representatives; and 
(F) 1 shall be appointed jointly by the 
Speaker of the House of Representatives and 
the minority leader of the House of Representa-
tives. 
(2) DATE.—The appointments of the members 
of the Panel shall be made not later than 180 days 
after the date of enactment of this Act. 
(3) VACANCY.—Any vacancy occurring in the 
membership of the Panel shall be filled in the same 
manner in which the original appointment was 
made. 
(4) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Panel shall select a Chairperson and Vice 
Chairperson from among the members of the Panel. 
(c) PURPOSE.—The purpose of the Panel shall be to 
recommend to Congress model legislation, which shall pro-
vide for an appropriate process, pursuant to section 4 of 
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the Twentieth Amendment to the United States Constitu-
tion, to resolve any vacancy created by the death of a can-
didate in a contingent presidential or vice-presidential 
election. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 1 year 
after the date on which all of the appointments have 
been made under subsection (b)(2), the Panel shall 
submit to Congress an interim report containing the 
Panel’s findings, conclusions, and recommendations. 
(2) FINAL REPORT.—Not later than 6 months 
after the submission of the interim report under 
paragraph (1), the Panel shall submit to Congress a 
final report containing the Panel’s findings, conclu-
sions, and recommendations. 
(e) MEETINGS; INFORMATION.— 
(1) IN GENERAL.—Meetings of the Panel shall 
be held at the Law Library of Congress. 
(2) INFORMATION.—The Panel may secure 
from the Law Library of Congress such information 
as the Panel considers necessary to carry out the 
provisions of this section. 
(f) FUNDS.— 
(1) COMPENSATION OF MEMBERS.—Members of 
the Panel shall receive no compensation. 
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(2) OTHER
FUNDING.—No amounts shall be 
appropriated for the purposes of this section, except 
for any amounts strictly necessary for the Law Li-
brary of Congress to execute its responsibilities 
under subsection (e). 
(g) TERMINATION.— 
(1) IN GENERAL.—The panel established under 
subsection (a) shall terminate 90 days after the date 
on which the panel submits the final report required 
under subsection (d)(2). 
(2) RECORDS.—Upon termination of the panel, 
all of its records shall become the records of the Sec-
retary of the Senate and the Clerk of the House of 
Representatives. 
Æ 
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