[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4494 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4494
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, providing State tools for, and
establishing voluntary considerations to support effective State
administration of Federal elections and improving election
administration in the District of Columbia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Ms. Lee of Florida introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the
Committees on the Judiciary, Oversight and Accountability, Science,
Space, and Technology, Ways and Means, and Education and the Workforce,
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
_______________________________________________________________________
A BILL
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, providing State tools for, and
establishing voluntary considerations to support effective State
administration of Federal elections and improving election
administration in the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Faith in Our Elections
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.
TITLE I--FINDINGS RELATING TO ELECTION ADMINISTRATION
Sec. 101. Findings Relating to Election Administration.
TITLE II--VOLUNTARY CONSIDERATIONS FOR STATE ADMINISTRATION OF FEDERAL
ELECTIONS
Sec. 111. Short title.
Sec. 112. Election integrity voluntary considerations.
TITLE III--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. Confirming access for Congressional election observers.
Sec. 126. Use of requirements payments for post-election audits.
Sec. 127. Certain tax benefits and simplification with respect to
election workers.
Sec. 128. Voluntary guidelines with respect to nonvoting election
technology.
Sec. 129. Status reports by National Institute of Standards and
Technology.
Sec. 130. Requirements with respect to election mail.
Sec. 131. Clarification of right of State to appeal decisions through
duly authorized representative.
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
requirement.
Sec. 135. Clarification of rules with respect to hiring of election
workers.
Sec. 136. United States Postal Service coordination with States to
ensure mailing addresses.
Sec. 137. State defined.
TITLE IV--DISTRICT OF COLUMBIA ELECTION INTEGRITY AND VOTER CONFIDENCE
Sec. 141. Short title.
Sec. 142. Requirements for elections in District of Columbia.
Sec. 143. Effective date.
TITLE V--ADMINISTRATION OF THE ELECTION ASSISTANCE COMMISSION
Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election
Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the
Election Assistance Commission.
Sec. 154. General requirements for payments made by Election Assistance
Commission.
Sec. 155. Executive Board of the Standards Board authority to enter
into contracts.
Sec. 156. Election Assistance Commission primary role in election
administration.
TITLE VI--PROHIBITION ON INVOLVEMENT IN ELECTIONS BY FOREIGN NATIONALS
Sec. 161. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Sec. 162. Prohibiting providing assistance to foreign nationals in
making contributions or donations in
connection with elections.
TITLE VII--CONSTITUTIONAL EXPERTS PANEL WITH RESPECT TO PRESIDENTIAL
ELECTIONS
Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
TITLE I--FINDINGS RELATING TO ELECTION ADMINISTRATION
SEC. 101. FINDINGS RELATING TO ELECTION ADMINISTRATION.
(a) Sense of Congress.--It is the sense of Congress that
constitutional scholar Robert Natelson has done invaluable 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 to set election legislation and administer
elections--the ``times, places, and manner of holding of
elections''--and Congress' power in this space is purely
secondary to the States' power and is to be employed only in
the direst of circumstances. History, precedent, the 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 provided for only a weak
national government incapable of preserving the Union. Under
the Articles, the States had exclusive authority over Federal
elections held within their territory; but, given the
difficulties the national government had experienced with State
cooperation (e.g., the failure of Rhode Island to send
delegates to the Confederation Congress), the Federalists,
including Alexander Hamilton, were concerned with the
possibility that the States, in an effort to destroy 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 respond.
(3) Quite plainly, Alexander Hamilton, a leading Federalist
and proponent of our Constitution, understood the Elections
Clause as serving only as a sort of emergency fail-safe, not as
a cudgel used to nationalize 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 consider, 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.''. 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 constitutionally 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 exercise of this ultimate
power of Congress may be necessary . . . 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 disposition 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 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, ``Alexander Contee Hanson, a member of
Congress whose pamphlet supporting the Constitution proved
popular, stated flatly that Congress would exercise its times,
places, and manner authority only in cases of invasion,
legislative neglect or obstinate refusal to pass election laws
[providing for the election of Members of Congress], or if a
state crafted its election laws with a `sinister purpose' or to
injure the general government.'' Cementing his point, Hanson
goes further to decree, ``The exercise of this power must at
all times be so very invidious, that congress will not venture
upon it without some very cogent and substantial reason.''.
Alexander Contee Hanson (writing as Astrides), Remarks on the
Proposed Plan: 31 January, reprinted in John P. Kaminski,
Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries
on the Constitution, public and private 18 December 1787 to 31
January 1788 522-26 (1984).
(6) In fact, had the alternate view of the Elections Clause
been accepted at the time of the Constitution's drafting--that
is, that it offers Congress unfettered power over Federal
elections--it is likely that the Constitution would not have
been ratified or that an amendment to this language would have
been required.
(7) Indeed, at least seven of the original 13 States--over
half and enough to prevent the Constitution from being
ratified--expressed specific concerns with the language of the
Elections Clause. See 1 Annals 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. Ratification of the
Constitution by the State of New York (July 26, 1788) (``Under
these impressions and declaring that the rights aforesaid
cannot be abridged or violated, and the Explanations aforesaid
are consistent with the said Constitution, And in confidence
that the Amendments which have been proposed to the said
Constitution will receive early and mature Consideration: We
the said Delegates, in the Name and in [sic] the behalf of the
People of the State of New York Do by these presents Assent to
and Ratify the said Constitution. In full 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 unless 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 exercised until the Legislature of this
State shall make provision in the Premises''); Ratification of
the Constitution by the State of North Carolina (Nov. 21, 1789)
(``That Congress shall not alter, modify, or interfere in the
times, places, or manner of holding elections for 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
Constitution by the State of Rhode Island (May 29, 1790)
(``Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the
explanations aforesaid, are consistent with the said
constitution, and in confidence that the 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 regulations 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 legislature 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 ensure the preservation of
the Federal Government, not as a font of limitless power for
Congress to wrest control of Federal elections from the States.
(9) This understanding was also reinforced by debate during
the First Congress that convened under the Constitution where
Representative Aedanus Burke proposed a constitutional
amendment to limit the Times, Places and Manner Clause to
emergencies. Although the amendment failed, those on both sides
of the Burke amendment debate already understood the Elections
Clause to limit Federal elections power to emergencies.
(10) History clearly shows that even in the first Congress
that convened under the Constitution, it was acknowledged and
understood through the debates that ensued over the Elections
Clause provision that Congress' control over elections is
limited.
(11) Similarly, proponent Representative Smith of South
Carolina also believed the original text of the Elections
Clause already limited the Federal Government's power over
Federal elections to 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
Century of Lawmaking for a New Nation: U.S. Congressional
Documents and Debates, 1774-1875 (loc.gov). So, even the
records of the First Congress reflect a recognition of the
emergency nature of congressional power over Federal elections.
(12) Similarly, the Supreme Court has supported this
understanding. In Smiley v. Holm, the Court held that Article
1, Section 4 of the Constitution 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 notices, 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 procedure and
safeguards which experience shows are necessary in order to
enforce the fundamental right involved. And these requirements
would be nugatory if they did not have appropriate sanctions in
the definition of offenses and punishments. All this is
comprised in the subject of `times, places and manner of
holding elections', and involves lawmaking in its essential
features and most important aspect.''. Smiley v. Holm, 285 U.S.
355, 366 (1932).
(13) This holding is consistent with the understanding 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]
substitute its own[]'', such authority remains merely ``a
general supervisory power over the whole subject.''. Id.
(14) More recently, the Court noted in Arizona v. Inter-
Tribal Council of Ariz., Inc. that ``[t]his grant of
congressional power [that is, the fail-safe provision in the
Elections Clause] was the Framers' insurance against the
possibility that a State would refuse to provide for the
election of representatives to the Federal Congress.''. Arizona
v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9
(2013). The Court explained that the Elections Clause ``. . .
imposes [upon the States] the duty . . . to 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 extensively from the Federalist no. 59, that it was
clear that the congressional fail-safe included in the
Elections Clause was intended for the sorts of governmental
self-preservation discussed here: ``[E]very government ought to
contain in itself the means of its own preservation[.]'';
``[A]n exclusive power of regulating elections for the national
government, in the hands of the State legislatures, would leave
the existence of the Union entirely at their mercy. They could
at any moment annihilate it by neglecting to provide for the
choice of persons to administer its affairs.''. Id. at 8.
(15) It is clear in every respect that the congressional
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 authority is intended to be, and as a
matter of constitutional fact is, limited to addressing the
worst imaginable issues, such as invasion or other matters that
might lead to a State not electing representatives to
constitute the two Houses of Congress. Congress' authority has
never extended to the day-to-day authority over the ``Times,
Places and Manner of Election'' that the Constitution clearly
reserves to the States.
(16) Congress must act within the bounds of its
constitutional authority when enacting legislation concerning
the administration of our nation's elections.
TITLE II--VOLUNTARY CONSIDERATIONS FOR STATE ADMINISTRATION OF FEDERAL
ELECTIONS
SEC. 111. SHORT TITLE.
This title may be cited as the ``Voluntarily Offered Tools for
Election Reforms by States Act'' or the ``VOTERS Act''.
SEC. 112. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD WITH
RESPECT TO ELECTION ADMINISTRATION.
``(a) In General.--The Standards Board shall draw from experiences
in their home jurisdictions and information voluntarily provided by and
between States on what has worked and not worked and release voluntary
considerations with respect to the administration of an election for
Federal office.
``(b) Matters To Consider.--In releasing the voluntary
considerations under subsection (a), the Standards Board shall examine
and consolidate information provided by States and release
considerations 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;
``(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; and
``(D) the processing of such ballots upon receipt
by the appropriate election official, including the
schedule for counting the ballots and the reporting of
the unofficial results of such counting.
``(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.
``(4) Rules and requirements with respect to the access
provided to election observers.
``(5) The processes used to ensure the timely and accurate
reporting of the unofficial results of ballot counting in each
polling place in a State and the reporting of the unofficial
results of such 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 prior to the use
of such machines in an election for Federal office, including
education with respect to how such machines are tested for
accuracy and logic.
``(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.
``(c) Release of Voluntary Considerations.--
``(1) Deadline for release.--Not later than 6 months after
the date of the enactment of the ACE Act, the Standards Board
shall release voluntary considerations with respect to each of
the categories described in subsection (b).
``(2) Transmission and notification requirements.--Not
later than 15 days after the date the Standards Board releases
voluntary considerations with respect to a category described
in subsection (b), the Commission shall--
``(A) transmit the considerations to the chief
State election official of each State and the elected
leadership of the legislature of each State, including
the elected leadership of any committee of the
legislature of a State with 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
and the chair and ranking minority member of the
Committee on Rules and Administration of the Senate.
``(d) Use of Requirements Payments for Implementation of Voluntary
Considerations.--A State may use a requirements payment provided under
this Act to implement any of the voluntary considerations released
under subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed--
``(1) to require compliance with the voluntary
considerations released under subsection (a), including as a
condition of the receipt of Federal funds; or
``(2) to treat the lack of compliance with such
considerations as a violation of the Voting Rights Act of 1965
or to treat compliance with such considerations as a defense
against an alleged violation of 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 with
respect to election administration.''.
TITLE III--REQUIREMENTS TO PROMOTE INTEGRITY IN ELECTION ADMINISTRATION
SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN
FEDERAL ELECTIONS.
(a) Short Title.--This section may be cited as the ``Non-Citizens:
Outlawed from Voting in Our Trusted Elections Act of 2023'' or the ``NO
VOTE for Non-Citizens Act of 2023''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Every eligible person who wishes to cast a
ballot in a Federal election must be permitted to do so
according to law, and their ballot must be examined
according to law, and, if it meets all lawful
requirements, counted.
(B) Congress has long required States to maintain
Federal voter registration lists in a manner that
promotes voter confidence.
(C) The changes included herein are not intended to
be an expansion of Federal power but rather a
clarification of State authority.
(D) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(E) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(F) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(G) Since the Constitution prohibits non-citizens
from voting in Federal elections, such ineligible
persons must not be permitted to be placed on Federal
voter registration lists.
(H) Improper placement of an ineligible non-citizen
on a Federal voter registration list leads to--
(i) confusion on the part of the ineligible
person with respect to their ineligibility to
cast a ballot; and
(ii) an increased likelihood that human
error will permit ineligible persons to cast
ballots in Federal elections.
(I) State officials have confirmed that poorly
maintained voter registration lists lead to ineligible
persons casting ballots in Federal elections.
(J) A former Broward County, Florida, elections
supervisor has confirmed that 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.
(K) This clarification of State authority to
maintain Federal voter registration lists to ensure
non-citizens are not included on such lists will
promote voter confidence in election processes and
outcomes.
(L) Congress has the authority to ensure that no
Federal elections funding is used to support States
that permit non-citizens to cast ballots in any
election.
(M) Federal courts and executive agencies have much
of the information States may need to maintain their
Federal voter registration lists, and those entities
should make that information accessible to State
election authorities.
(N) It is important to clarify the penalty for any
violation of law that allows a non-citizen to cast a
ballot in a Federal election.
(O) To protect the confidence of voters in Federal
elections, it is important to implement the policy
described herein.
(2) Sense of congress.--It is the sense of Congress that--
(A) many States have not adequately met the
requirements concerning the removal of ineligible
persons from State voter registration rolls pursuant to
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and should strive to audit and
update their voter registration rolls on a routine
basis;
(B) allowing non-citizens to cast ballots in
American elections weakens our electoral system and the
value of citizenship and sows distrust in our elections
system;
(C) even if a State has the sovereign authority, no
State should permit non-citizens to cast ballots in
State or local elections;
(D) States should use all information available to
them to maintain Federal voter registration lists and
should inform Congress if such data is insufficient;
and
(E) Congress may take further action in the future
to address this problem.
(c) Clarifying Authority of States To Remove Noncitizens From
Voting Rolls.--
(1) Authority under regular removal programs.--Section
8(a)(4) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(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 ongoing removal.--
Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i))
is amended by striking ``(4)(A)'' and inserting ``(4)(A) or
(B)''.
(d) Requirement To Maintain Separate State Voter Registration List
for Noncitizens.--Section 8(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20507(a)) is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of a State that allows individuals who
are not citizens of the United States to vote in elections for
public office in the State or any local jurisdiction of the
State, ensure that the name of any registrant who is not a
citizen of the United States is maintained on a voter
registration list that is separate from the official list of
eligible voters with respect to registrants who are citizens of
the United States.''.
(e) Requirements for Ballots for State or Local Jurisdictions That
Allow Noncitizen Voting.--Section 301(a)(1) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the
following new subparagraph:
``(D) In the case of a State or local 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, the ballot used for
the casting of votes by a noncitizen in such State or
local jurisdiction may only include the candidates for
the elections for public office in the State or local
jurisdiction for which the noncitizen is permitted to
vote.''.
(f) Reduction in Payments for Election Administration 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 provision 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 National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(7)) (as added by section 121(d) of the American Confidence in
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the
American Confidence in Elections Act) in a 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.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 907. Reduction in payments to States or local jurisdictions that
allow noncitizen voting.''.
(g) Promoting Provision of Information by Federal Entities.--
(1) In general.--Each entity of the Federal Government
which maintains information which is relevant to the status of
an individual as a registered voter in elections for Federal
office in a State shall, upon the request of an election
official of the State, provide that information to the election
official.
(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 procedures which will ensure that
the information is provided securely, accurately, and in a
timely basis.
(3) Conforming amendment relating to coverage under privacy
act.--Section 552a(b) of title 5, United States Code, is
amended--
(A) by striking ``or'' at the end of paragraph
(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 accordance
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 serving on a jury on the
grounds that the individual is not a citizen of the United
States, the court shall transmit a notice of the individual's
recusal--
(A) to the chief State election official of the
State in which the individual resides; and
(B) to the Attorney General.
(2) Definitions.--For purposes of this subsection--
(A) the ``chief State election official'' of a
State is the individual designated by the State under
section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act; and
(B) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(i) Prohibition on Voting by Noncitizens in Federal Elections.--
(1) In general.--Section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following new
subsection:
``(b) Prohibition on Voting by Aliens.--
``(1) In general.--It shall be unlawful for any alien to
vote in any election in violation of section 611 of title 18,
United States Code.
``(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 on or after the date of the enactment of this Act.
SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST
MAINTENANCE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) in subsection (i), by adding at the end the following:
``(3) The records maintained pursuant to paragraph (1) shall
include lists of the names and addresses of all registrants in a State
who were inactive according to the criteria described in subsection
(d)(1)(B) and the length of time each such registrant has been inactive
according to such criteria.'';
(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 includes, with respect to such State during
the preceding 2-year period, the total number of--
``(1) registrants who were inactive according to the
criteria described in subsection (d)(1)(B) and the length of
time each such registrant has been 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 subsection
(d)(2); and
``(5) registrants who received a notice described in
paragraph (4) who responded to such notice.''.
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 amended--
(1) in paragraph (1), by inserting ``, except that a State
may, in addition to the criteria stated in section 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 established
by the States should be administered without unlawful
discrimination and with an eye toward balancing
appropriate access to the ballot box with election
integrity and voter confidence goals.
(B) As confirmed by the bipartisan Commission 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 Commission,
``[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 before
registering voters.''.
(D) The Carter-Baker Commission was correct in its
2005 report when it recommended that the REAL ID Act be
``modestly adapted for voting 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 indicates citizenship, but that
would need to be done if the card is to be used for
voting purposes''.
(F) Photographic voter identification is important
for ensuring voter confidence in election processes and
outcomes.
(G) Requiring photographic voter identification is
well within States' constitutional competence,
including pursuant to the Qualifications Clause of the
Constitution of the United States (article I, section
2, clause 2), the Presidential Electors Clause of the
Constitution (article II, section 1, clause 2), and the
Seventeenth Amendment.
(H) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(I) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(J) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(2) Sense of congress.--It is the sense of Congress that
the States should implement the substance of the recommendation
of the Carter-Baker Commission that, ``[t]o ensure that persons
presenting themselves at the polling place are the ones on the
registration list, the Commission recommends that states
[encourage] voters to use the REAL ID card, which was mandated
in a law signed by the President in May 2005''.
(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:
``(10) If the person is a citizen of the United States, an
indication of that citizenship, except that no other
information may be included with respect to the immigration
status of the person.''.
(2) Applicability.--The amendment made by this subsection
shall be effective January 1, 2026, and shall apply with
respect to any driver's license or identification card issued
by a State on and after such date.
(d) Rule of Construction.--Nothing in this section or in any
amendment made by this section may be construed to establish or mandate
the use of a national identification card or to authorize any office of
the executive branch to establish or mandate the use of a national
identification card.
SEC. 125. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Short Title.--This section may be cited as the ``Confirmation
of Congressional Observer Access Act of 2023'' or the ``COCOA Act of
2023''.
(b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
(1) The Constitution delegates to each of House of the
Congress the authority to ``be the Judge of the Elections,
Returns and Qualifications of its own Members''.
(2) While, in general, Congress shall respect the
determination of State authorities with respect to the election
of members to each House, each House of Congress serves as the
final arbiter over any contest to the seating of any putative
Member-elect or Senator-elect.
(3) These election contest procedures are contained in the
precedents of each House of Congress. Further, for the House of
Representatives the procedures exist under the Federal
Contested Elections Act.
(4) In the post-Civil War modern era, more than 100
election contests have been filed with the House of
Representatives.
(5) For decades, Congress has appointed and sent out
official congressional observers to watch the administration of
congressional elections in the States and territories.
(6) These observers serve to permit Congress to develop its
own factual record in preparation for eventual contests and for
other reasons.
(7) This section and the amendments made by this section do
not establish any new authorities or procedures but are
provided simply to permit a convenient statutory reference for
existing Congressional authority and activity.
(c) Confirming Requirement That States Provide 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
procedures in an election for Federal office because the authority
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, returns 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 administration 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, tabulated, cast,
canvassed, and certified, in all areas where voter registration
activities occur before such election, and in any other such place
where election administration procedures 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 candidate, take any
action to reduce ballot secrecy, or otherwise interfere with the
elections administration process.
``(c) Designated Congressional Election Observer Described.--In
this section, a `designated Congressional election observer' is an
individual who is designated in writing by the chair or ranking
minority member 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 election is contested in the House of Representatives or the
Senate and for other purposes permitted by article 1, section 5 of the
Constitution of the United States.''.
(d) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(e) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 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 effectiveness and accuracy of the voting
systems, election procedures, and outcomes used to carry out an
election for Federal 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 amended by inserting after
section 139H the following new section:
``SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORKERS.
``(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 taxpayer 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 Compensation.--For purposes of this
section, the term `qualified election worker compensation' means
amounts otherwise includible in gross income which are paid 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 official or election worker (within the meaning of section
3121(b)(7)(F)(iv)).''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating 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 Gross Income.--Section 6041 of such Code is amended by
adding at the end the following new subsection:
``(h) Treatment of Certain Excludible Compensation 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
official 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 taking into account--
``(1) any such payment which is qualified election worker
compensation (as defined in section 139I(c)) which does not
exceed the limitation described 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.
SEC. 128. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING 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 following new subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations 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.
``(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 LEADERSHIP 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 ensure the
security and accuracy, and promote the usability, 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 guidelines development
committee.--The following members of the Technical Guidelines
Development Committee under section 221 shall assist the
Standards Board and the Local Leadership Council in carrying
out their duties under this section:
``(A) The Director of the National Institute 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 scientific expertise relating to voting
systems and voting equipment.
``(2) Detailee from cisa.--The Executive Board of the
Standards Board may request the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security 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 nonvoting election technology which is in compliance with the
voluntary guidelines adopted under section 298 or to upgrade nonvoting
election technology so that the technology is in compliance with such
guidelines, and may, notwithstanding any other provision of law, use
any unobligated grant funding provided to the State by the Election
Assistance Commission from amounts appropriated under the heading
`Independent Agencies--Election Assistance Commission--Election
Security Grants' in title V of division C of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) for the purposes of
enhancing election technology and making election security improvements
until December 31, 2024.
``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' 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 voter'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 recommended for
treatment as nonvoting election technology as the Standards
Board may recommend.''.
(2) Clerical amendment.--The table of contents 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, 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
describing--
``(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
with the Director's best estimate of when the Director 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 during 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.
``Sec. 3701. Prioritization of processing and delivery of election mail
``(a) In General.--The Postal Service shall give priority to the
processing and delivery of election mail. In 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 facility each day; and
``(3) carry and deliver election mail expeditiously.
``(b) Election Mail With Insufficient Postage.--In carrying out
subsection (a)(1), the Postal Service shall process and deliver
election mail with insufficient postage in the same manner as election
mail with sufficient 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 advance deposit
account) even if such account is underfunded or overdrawn. Nothing in
this section shall be construed to limit or otherwise prevent the
Postal Service from seeking reimbursement from any person regarding
unpaid postage.
``(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 materials, voter registration cards, absentee
ballot applications, polling place notification and photographic voter
identification materials.
``Sec. 3702. Use of nonprofit permit for cooperative mailings
``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 committee of a
political party, and may seek reimbursement from such a candidate,
candidate's committee, or committee of a political party for the costs
of such mailing.
``Sec. 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 determine the
appropriate manner in which subsection (a) 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 Service, in a
conspicuous and legible type or in a common 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 section 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.
``Sec. 3704. Application to Uniformed and Overseas Citizens Absentee
Voting Act
``This chapter shall not apply to balloting materials under the
Uniformed and Overseas Citizens Absentee Voting Act and nothing in this
chapter shall be construed to alter or otherwise affect the operation
of such Act or section 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'';
(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 imprisoned 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 Federal, 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 subsection:
``(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--
(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 certiorari at the instance of such appellant, and the
review on appeal shall be restricted to the Federal questions
presented.''.
SEC. 132. FEDERAL AGENCY INVOLVEMENT IN VOTER REGISTRATION ACTIVITIES.
(a) Short Title.--This section may be cited as the ``Promoting Free
and Fair Elections Act of 2023''.
(b) Clarification of Federal Agency Involvement 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 Registration by Agencies.--
(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 registration or
voter mobilization activities, including registering voters or
providing any person with voter registration materials,
absentee or vote-by-mail ballot applications, voting
instructions, or candidate-related 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 available 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
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 report.
(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 appropriate 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 submitted 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
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 respect 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 Mobilization in Federal
Work-Study Programs.--Section 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 subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) does not involve registering or mobilizing
voters on or off the campus of the institution; 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 committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Rules and Administration of
the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on House Administration of the
House of Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
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 election, as well as from other stakeholders, that
individuals 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 significant
vulnerabilities in the chain-of-custody of ballots because
individuals collecting ballots are not required 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;
(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 harvesting in the State;
(5) ballot harvesting invites electioneering activity at
home and weakens States' long-standing voter protection
procedures, which remain in place at polling locations,
creating the possibility of undue influence 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 Election Administration for
States Allowing Collection 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:
``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION
FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF
BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--Notwithstanding any other provision 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 election for Federal office that was mailed to another person, other
than an individual described as follows:
``(1) An election official while engaged in official 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 authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged 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:
``(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 institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, 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 contents 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 envelopes 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 voted ballots),'' after ``requisite to voting in such
election,''.
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 jurisdiction, the State or
local jurisdiction may give preference to individuals who are
veterans or individuals with a disability.
(2) Individual with a disability defined.--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 Requirement 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 dependent; and
(B) may not refuse to hire such an individual as an
election worker solely on the grounds that the
individual does not maintain a place of residence in
the State or local jurisdiction.
(2) Nonresident military spouse or dependent defined.--In
this subsection, a ``nonresident military spouse or dependent''
means an individual who is an absent uniformed services voter
under section 107(1)(C) of the Uniformed and Overseas Citizen
Absentee Voting Act (52 U.S.C. 20310(1)(C)).
SEC. 136. UNITED STATES POSTAL SERVICE COORDINATION WITH STATES TO
ENSURE MAILING ADDRESSES.
(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:
(1) Indian.--The term ``Indian'' has the meaning 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 Corporation 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 Tribal
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 Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau 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 Education Assistance Act (25
U.S.C. 5304).
(4) State.--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).
(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''.
TITLE IV--DISTRICT OF COLUMBIA 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 subtitle:
``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 elections 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 Congress the
exclusive power to enact legislation with respect to the seat
of the Government of the United States; and
``(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 District of Columbia
election official may not provide a ballot for a District of
Columbia election to an individual who desires to vote in
person unless the individual presents to the official an
identification described 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 identification
described in paragraph (3).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual,
any of the following:
``(A) A current and valid motor vehicle license
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 identification 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 Secondary 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 Higher 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 described 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 submits a document or other written information
from a third party which--
``(A) provides the address of the individual's
residence; and
``(B) such document or other written information 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 attestation 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 subsection (b) due to sincerely held religious beliefs,
the District of Columbia shall provide such individual with an
alternative identification that shall be deemed to meet the
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 agency 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 purposes 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 Government 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 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
appropriate election official shall take a photograph
of the individual and provide access to the photograph
to the chief election official of the District of
Columbia.
``(C) Copies of photos provided by individuals not
voting in person.--The election official who receives a
copy of an identification described in subsection
(b)(3) which is submitted 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 ensure 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
contains 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.
``(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 District 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 Voting 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:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education 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 Columbia shall
carry out annually a program to remove ineligible
persons from the official list of persons registered to
vote in the District of Columbia, as required by
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and pursuant to the procedures
described 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 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 remove the registrant
from the official list of eligible 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 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 official 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 authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(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 institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, 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 RESULTS.
``(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 Reporting Results.-- The
District of Columbia shall begin processing ballots received by mail in
a District of Columbia election as soon as such ballots are received
and shall ensure to the greatest extent practicable that the results 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 closing 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 officials in the District of
Columbia as of the time of the closing of polls on the date of such
election, which shall include, 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 election
received from 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.), including from
individuals who, under such Act, voted by absentee ballot
without requesting such a ballot.
``(d) Requirements To Ensure Bipartisan Election Administration
Activity.--With respect to a District of Columbia election, District of
Columbia election 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 different political party than such election worker, as
determined 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 individual is a citizen of the
United States.
``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL 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.
``(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 individual's provisional ballot shall not be counted in
the election unless the individual demonstrates pursuant to the
requirements under section 302 that the individual is a registered
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 publish an audit of the effectiveness and accuracy of
the voting systems used to carry out the election and the performance
of the election officials who carried out the election, 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 PROCEDURES.
``(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 Candidates, Political Parties,
and Committees Affiliated With Ballot Initiatives.--
``(1) Authority to observe procedures.--An individual who
is not a District of Columbia election 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
election, a political party, or a committee affiliated with a
ballot initiative or referendum in the election.
``(2) Authority and procedures described.--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 ballots at a
polling place on the date of the election or on any day
prior to the date of the election on which ballots are
cast at early voting sites, and may challenge the
casting or tabulation of any such ballot.
``(B) The individual may serve as a poll watcher to
observe the canvassing and processing of absentee or
other mail-in ballots, including the procedures for
verification of signed certificates of transmission
under section 330(c)(2).
``(C) The individual may observe the recount of the
results of the election at any location at which the
recount is held, and may challenge the tabulation of
any ballot tabulated pursuant 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 observe 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 (B) of paragraph (2), and the chief State
election official of the District of Columbia may not provide
the individual with credentials to enable the individual to
serve as a poll watcher under such subparagraph, if the
individual is a candidate in the election or a law enforcement
officer.
``(c) Other Individuals.--
``(1) Petition for observer credentials.--In addition to
the individuals described in subsection (b), any individual,
including an individual 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 Columbia 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 procedures carried out in the election as an
individual described in subsection (b), except that the
individual may not challenge the casting, tabulation,
canvassing, or processing of any ballot in the election.
``(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 Observe Testing of
Equipment.--In addition to the authority of individuals to observe
procedures under subsections (b) and (c), any member of the public may
observe 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 Restrictions.--An election
official may not require that an individual who observes election
procedures under this section stays more than 3 feet away from the
procedure as it is being carried out.
``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.
``(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 Columbia election to any individual who does
not request the District of Columbia to transmit the ballot.
``(c) Signature Verification.--
``(1) Inclusion of certificate with ballot.--The District
of Columbia shall include with each absentee or other mail-in
ballot transmitted for a District of Columbia election a
certificate of transmission 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--
``(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
certification is accurate and in no case later
than the date of the election; and
``(B) the individual's signature on the ballot
matches the signature of the individual on the official
list of registered voters in the District of Columbia
or other official record or document used by the
District of Columbia to verify the signatures of
voters.
``(d) Notice and Opportunity To Cure.--
``(1) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election and the
appropriate District of Columbia election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the District of Columbia 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 determination as to the validity of such ballot,
shall--
``(A) make a good faith effort to immediately
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
registered 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 period
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.
``(2) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election without a
signature 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
determination as to the validity of the ballot, shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) the ballot or certificate of
transmission 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 defect
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 a signature or
has some other defect, such ballot will not be
counted; and
``(B) count the ballot if, prior to the expiration
of the 48-hour period described in subparagraph
(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 defect
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 paragraph (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 appropriate 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.).
``(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 election 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 deadline 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 District of
Columbia Government building or facility;
``(2) the District of Columbia provides for the security of
any such drop box through 24-hour remote or electronic
surveillance; and
``(3) the District of Columbia Board of Elections collects
any ballot deposited in any such drop 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 inconsistency with the
requirements of this subtitle and the requirements 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 election' 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 Enforcement.--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.
``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 Federal 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 Election
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 administration, 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 Election Assistance Commission,
composed of four election 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 Election
Assistance Commission should be viewed as the lead Federal
Government agency on all election administration matters, and
other Federal agencies operating in this space should look to
the Commission for guidance, direction, and support on election
administration-related issues.
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 exceed $25,000,000 for
each such year)''.
(c) Prohibition on Certain Use of Funds.--
(1) Prohibition.--None of the funds authorized to be
appropriated or otherwise made available under subsection (b)
may be obligated or expended for the operation of an advisory
committee established by the Election Assistance Commission
pursuant to and in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2), 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 Commission Board of
Advisors, and the Technical Guidelines Development Committee.
(d) Requirements With Respect to Compensation 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 Executive 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 adjusted 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 Schedule'';
(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 compensation.--An
individual serving a term of service on the Commission shall be
permitted to hold a position at an institution of higher
education (as such term is defined in section 101 of the Higher
Education 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 member of the
Commission and grants the individual approval to hold
the position; and
``(B) the annual rate of compensation received 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 individual under paragraph
(1).''.
(e) Office of Inspector General.--Section 204 of the Help America
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the
following new subsection:
``(f) Office of Inspector General.--The Inspector 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 duties and
responsibilities.''.
(f) Effective Date.--This section and the amendments 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 Assistance Commission To Make
Election Administration Payments to States.--No entity of the Federal
Government other than the Election Assistance Commission may make any
payment to a State for purposes of administering elections for Federal
office, including obtaining election and voting equipment and
infrastructure, enhancing election and voting technology, and making
election and voting security improvements, including with respect to
cybersecurity and infrastructure.
(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 following new section:
``SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE
DISCLAIMER.
``(a) Requirement.--If a State or unit of local government
disseminates a public communication which was developed or disseminated
in whole or in part with a payment made to the State or local
government by the Commission, the State or unit of local government
shall ensure that the communication includes, in a clear and
conspicuous manner, the following statement: `Paid for using Federal
taxpayer funds pursuant to the Help America Vote Act'.
``(b) Clear and Conspicuous Manner Described.--A statement required
under subsection (a) shall be considered to be in a clear and
conspicuous manner 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 communication; and
``(C) is printed with a reasonable degree of color
contrast between the background and the printed
statement.
``(2) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible and
intelligible manner at the beginning 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 appears
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 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
disclaimer.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to payments 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 contracts.--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 considerations with respect to the
administration of elections 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 contracts
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 appropriated 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 jurisdiction to address issues with
respect to the administration of elections for Federal office.
TITLE VI--PROHIBITION ON INVOLVEMENT IN ELECTIONS BY FOREIGN NATIONALS
SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(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 following new section:
``Sec. 612. Foreign nationals making certain political contributions
``(a) Prohibition.--It shall be unlawful for a foreign 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 initiative or referendum.
``(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 FOREIGN NATIONALS IN
MAKING CONTRIBUTIONS 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 paragraph (2) and
inserting ``: or''; and
(3) by adding at the end the following new paragraph:
``(3) a person to knowingly help or assist a foreign
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 EXPERTS PANEL WITH RESPECT TO PRESIDENTIAL
ELECTIONS
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 section 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;
(B) 1 shall be appointed by the minority leader of
the Senate;
(C) 1 shall be appointed jointly by the majority
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 Representatives.
(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 provide for an appropriate
process, pursuant to section 4 of the Twentieth Amendment to the United
States Constitution, to resolve any vacancy created by the death of a
candidate 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, conclusions, 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.
(2) Other funding.--No amounts shall be appropriated for
the purposes of this section, except for any amounts strictly
necessary for the Law Library 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 Secretary of the Senate
and the Clerk of the House of Representatives.
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