[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5292 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5292
To establish a democracy advancement and innovation program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 25, 2023
Ms. Williams of Georgia (for herself, Ms. Sewell, Mr. Allred, Mr. Scott
of Virginia, Mr. Veasey, Mr. Beyer, Ms. Garcia of Texas, Mr. Swalwell,
Mr. Thompson of Mississippi, Ms. Porter, Mr. Vargas, Mr. Evans, Mr.
Schiff, Ms. Lee of California, Mr. Espaillat, Ms. Jacobs, Mr. David
Scott of Georgia, Mr. Carter of Louisiana, Ms. Clarke of New York, Ms.
Scanlon, Ms. Barragan, Ms. Kamlager-Dove, Mr. Mullin, Ms. Brown, Mr.
Doggett, Ms. Crockett, Ms. Jackson Lee, Ms. Norton, Ms. McClellan, Mr.
Grijalva, Ms. Sanchez, Ms. Schakowsky, Mr. Nickel, Mr. Jackson of
Illinois, Mr. Green of Texas, Ms. Tlaib, Mr. Johnson of Georgia, Mr.
Bowman, Ms. Wasserman Schultz, Mr. Payne, Mr. Krishnamoorthi, Mrs.
Watson Coleman, Mr. Sarbanes, Mr. Casten, Ms. Titus, Ms. Kelly of
Illinois, Mr. Cleaver, Mr. Raskin, Ms. Salinas, Mrs. Napolitano, Ms.
Budzinski, Mr. Blumenauer, Mr. Davis of Illinois, and Mrs. Cherfilus-
McCormick) introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To establish a democracy advancement and innovation program, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sustaining Our
Democracy Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PAYMENTS AND ALLOCATIONS TO STATES
Sec. 101. Democracy Advancement and Innovation Program.
Sec. 102. State plan.
Sec. 103. Prohibitions.
Sec. 104. Amount of State allocation.
Sec. 105. Procedures for disbursements of payments and allocations.
Sec. 106. Office of Democracy Advancement and Innovation.
TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
Sec. 201. State Election Assistance and Innovation Trust Fund.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Rule of construction regarding calculation of deadlines.
Sec. 303. Severability.
TITLE I--PAYMENTS AND ALLOCATIONS TO STATES
SEC. 101. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``Democracy Advancement and Innovation Program'' under which the
Director of the Office of Democracy Advancement and Innovation shall
make allocations to each State for each fiscal year to carry out
democracy promotion activities described in subsection (b).
(b) Democracy Promotion Activities Described.--The democracy
promotion activities described in this subsection are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades to
voting equipment and voter registration systems, voter
registration and nonpartisan voter outreach activities,
securing voting locations, expanding polling places and the
availability of early and mail voting, and promoting
cybersecurity.
(2) Activities to recruit, train, and retain nonpartisan
election officials and poll workers and to protect election
officials (both nonpartisan and those elected or appointed to
their position) from threats against them in the course of
their work administering Federal elections.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals with
disabilities, racial and language minority groups, individuals
entitled to vote by absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act, and voters residing in
Indian lands.
(c) Permitting States To Retain and Reserve Allocations for Future
Use.--A State may retain and reserve an allocation received for a
fiscal year to carry out democracy promotion activities in any
subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of
the fiscal year, the chief State election official of
the State submits to the Director the State plan
described in section 102; and
(B) not later than 45 days before the first day of
the fiscal year, the Director, in consultation with the
Election Assistance Commission as described in
paragraph (3), determines that the State plan will
enable the State to carry out democracy promotion
activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the fiscal
year if, at any time prior to the end of the fiscal year--
(A) the chief State election official of the State
submits a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission as described in paragraph (3),
determines that the revised version of the State plan
will enable the State to carry out democracy promotion
activities and approves the plan.
(3) Election assistance commission consultation.--With
respect to a State plan submitted under paragraph (1) or a
revised plan submitted under paragraph (2)--
(A) the Director shall, prior to making a
determination on approval of the plan, consult with the
Election Assistance Commission; and
(B) the Election Assistance Commission shall submit
to the Director a written assessment with respect to
whether the proposed activities of the plan satisfy the
requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and any revised plan submitted
under paragraph (2) in consultation with the majority party and
minority party leaders of each house of the State legislature.
(5) Rules for states that do not submit a state plan.--If a
State fails to submit a State plan described in section 102
before the date required under paragraph (1)(A), under rules
established by the Director--
(A) for purposes of this title (other than section
104)--
(i) each political subdivision within the
State shall be treated as a State for purposes
of this title (other than section 104); and
(ii) in applying this title to such
political subdivision, any duties required of
the chief State election official shall be
undertaken by the executive official of such
political subdivision charged with the
administration of elections;
(B) in applying this subsection to any political
subdivision of the State--
(i) paragraph (1)(A) shall be applied by
substituting ``the first day of the fiscal
year'' for ``90 days before the first day of
the fiscal year'';
(ii) paragraph (1)(B) shall be applied by
substituting ``30 days after the first day of
the fiscal year'' for ``45 days before the
first day of the fiscal year''; and
(iii) paragraph (4) shall not apply; and
(C) the amount of the allocation made to each such
political subdivision under the Program shall be the
sum of--
(i) an amount which bears the same
proportion to the amount determined under
section 104 with respect to the State in which
the political subdivision is located as--
(I) the population of the political
subdivision; bears to
(II) the population of such State;
plus
(ii) an amount (not to exceed 100 percent
of the amount determined with respect to the
political subdivision under clause (i)) which
bears the same proportion to the unsubscribed
funds of the State as--
(I) the population of the political
subdivision; bears to
(II) the population of the number
of political subdivisions within the
State that submitted a plan under
section 102 before the date required
under paragraph (1)(A) (after
application of subparagraph (B)).
For purposes of subparagraph (C)(ii), the unsubscribed funds of
any State is the sum of the amounts described in subparagraph
(C)(i) with respect to political subdivisions in the State
which did not submit a plan under this subsection before the
date required under paragraph (1)(A) (after application of
subparagraph (B)).
(e) State Report on Use of Allocations.--Not later than 90 days
after the last day of a fiscal year for which an allocation was made to
the State under the Program, the chief State election official of the
State shall submit a report to the Director describing how the State
used the allocation, including a description of the democracy promotion
activities the State carried out with the allocation.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of
subsection (d) and revised plans submitted under
paragraph (2) of subsection (d).
(B) The Director's notifications of determinations
with respect to such plans under subsection (d).
(C) Reports submitted by States under subsection
(e).
(2) Redaction.--The Director may redact information
required to be made available under paragraph (1) if the
information would be properly withheld from disclosure under
section 552 of title 5, United States Code, or if the public
disclosure of the information is otherwise prohibited by law.
(g) Effective Date.--This section shall apply with respect to
fiscal year 2024 and each succeeding fiscal year.
SEC. 102. STATE PLAN.
(a) Contents.--A State plan under this section with respect to a
State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A statement of how the State intends to distribute
resources under the plan, including how the distribution of
resources will address geographic and racial disparities within
the State.
(4) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall include
the amount the State intends to allocate to each such activity,
including (if applicable) a specific allocation for--
(A) activities described in subsection 101(b)(1)
(relating to election administration);
(B) activities described in section 101(b)(2)
(relating to activities to recruit, train, retain, and
protect election workers); and
(C) activities described in section 101(b)(3)
(relating to activities to increase access to voting in
elections for Federal office by certain communities).
(5) A description of how funds allocated under paragraph
(4) will be allocated to political subdivisions of the State.
(6) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(7) A description of the State-based administrative
complaint procedures established for purposes of section
103(a)(2).
(8) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(6), a
fund described in this subsection with respect to a State is a
fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2), and
which consists of the following amounts:
(A) Amounts appropriated or otherwise made
available by the State for carrying out the democracy
promotion activities for which the payment is made to
the State under the Program.
(B) The payment made to the State under the
Program.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation to
establish the fund described in this subsection, the Director
shall defer disbursement of the payment to such State under the
Program until such time as legislation establishing the fund is
enacted.
SEC. 103. PROHIBITIONS.
(a) Prohibited Uses of Payments.--
(1) In general.--A State may not use a payment made under
the Program to carry out--
(A) any activity described in paragraph (2); or
(B) any other activity which has the purpose or
effect of diminishing the ability of any eligible voter
to participate in the electoral process.
(2) Prohibited activities.--The following are activities
described in this paragraph:
(A) Activities that intimidate, threaten, or coerce
voters, poll workers, or election administrators.
(B) The restriction of the distribution of food or
nonalcoholic beverages to voters while waiting at
polling places (other than restrictions on
distributions made on the basis of the electoral
participation or political preference of the
recipient).
(C) The removal of election administrators from
their positions other than for negligence, neglect of
duty, or malfeasance in office.
(D) Defending against lawsuits alleging voter-
suppression practices or proposed practices.
(E) The investigation of claims of voter fraud
based on the mere invocation of interests in voter
confidence or prevention of fraud.
(F) The performance of audits that--
(i) fail to meet best practices established
by the Election Assistance Commission;
(ii) fail to meet the requirements for
record retention under title III of the Civil
Rights Act of 1960 (52 U.S.C. 20701 et seq.);
or
(iii) otherwise jeopardize election
records, voting equipment, electronic poll
books, or election management systems (as
defined under the voluntary guidance issued by
the Election Assistance Commission under
section 311 of the Help America Vote Act of
2002 (52 U.S.C. 21101)).
(G) The removal of voters from voter rolls based on
evidence that is not reliable.
(H) Activities preventing individuals seeking to
have their right to vote or register to vote restored.
(I) The purchase of voting machines that do not
require the use of individual voter-verifiable paper
ballots marked through the use of a nontabulating
ballot marking device or system.
(b) State-Based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to
the complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a
statement of the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is
dissatisfied with the final decision under a State-
based administrative complaint procedure under this
subsection may, not later than 60 days after the
decision is made, file a request with the Director to
review the decision.
(B) Action by director.--Upon receiving a request
under subparagraph (A), the Director shall review the
decision and, in accordance with such procedures as the
Director may establish, including procedures to provide
notice and an opportunity for a hearing, may uphold the
decision or reverse the decision and provide an
appropriate remedy.
(C) Public availability of material.--The Director
shall make available on a publicly accessible website
all material relating to a request for review and
determination by the Director under this paragraph,
except that the Director may redact material required
to be made available under this subparagraph if the
material would be properly withheld from disclosure
under section 552 of title 5, United States Code, or if
the public disclosure of the material is otherwise
prohibited by law.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action
of the Director under subparagraph (B) of paragraph (3)
may file a petition with the United States District
Court for the District of Columbia.
(B) Deadline to file petition.--Any petition under
this subparagraph shall be filed not later than 60 days
after the date of the action taken by the Director
under subparagraph (B) of paragraph (3).
(C) Standard of review.--In any proceeding under
this paragraph, the court shall determine whether the
action of the Director was arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance
with law under section 706 of title 5, United States
Code, and may direct the Office to conform with any
such determination within 30 days.
(c) Action by Attorney General for Declaratory and Injunctive
Relief.--The Attorney General may bring a civil action against any
State in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to enforce subsection (a).
SEC. 104. AMOUNT OF STATE ALLOCATION.
(a) State-Specific Amount.--The amount of the allocation made to a
State under the Program for a fiscal year shall be equal to the product
of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes of
subsection (a), the ``Congressional district allocation amount'' with
respect to a fiscal year is equal to the quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined by
the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for Allocations;
Notification to States.--Not later than 120 days before the first day
of each fiscal year, the Director--
(1) shall determine and establish the aggregate amount
available for allocations to States under the Program for the
fiscal year, taking into account the anticipated balances of
the Trust Fund (including any amounts appropriated pursuant to
section 106(i)); and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
In making the determination under paragraph (1), the Director shall
consult with the Election Assistance Commission, but shall be solely
responsible for making the final determinations under such paragraph.
(d) Source of Payments.--The amounts used to make allocations and
payments under the Program shall be derived solely from the Trust Fund.
SEC. 105. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.
(a) Allocation.--Upon approving the State plan under section 102,
the Director shall direct the Secretary of the Treasury to allocate to
the Election Assistance Commission the amount provided for activities
under the plan.
(b) Payment to State.--As soon as practicable after receiving an
allocation under subsection (a) with respect to a State, the Election
Assistance Commission shall make payments to--
(1) local election administrators in the State with respect
to amounts related to activities in the State plan carried out
directly by such local election administrators; and
(2) the State with respect to any amount not described in
paragraph (1).
(c) Continuing Availability of Funds After Appropriation.--A
payment made to a State by the Election Assistance Commission under
this section shall be available without fiscal year limitation.
SEC. 106. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.
(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of Democracy
Advancement and Innovation.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II of
the Executive Schedule.
(4) Removal.--The Director may be removed from office by
the President. If the President removes the Director, the
President shall communicate in writing the reasons for the
removal to both Houses of Congress not later than 30 days
beforehand. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a general
counsel who shall be paid at an annual rate of pay equal to the
annual rate in effect for level III of the Executive Schedule.
In the event of a vacancy in the position of the Director, the
General Counsel shall exercise all the responsibilities of the
Director until such vacancy is filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy Director,
who may be paid at an annual rate of pay equal to the annual
rate in effect for level IV of the Executive Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of such
other staff as the Director considers necessary to carry out
the duties of the Office, except that no such staff may be
compensated at an annual rate exceeding the daily equivalent of
the annual rate of basic pay in effect for grade GS-15 of the
General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission, including by holding quarterly meetings
of representatives from such Commission.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Election Assistance Commission and the
Secretary of the Treasury. The Director may hold funds in
reserve to cover the expenses of the Office and to preserve the
solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held in
2024 and each succeeding regularly scheduled general election
for Federal office thereafter, the Director, in consultation
with the Election Assistance Commission, shall submit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate a report on the activities carried out under the
Program and the amounts deposited into and paid from the Trust
Fund during the two most recent fiscal years.
(e) Coverage Under Inspector General Act of 1978 for Conducting
Audits and Investigations.--
(1) In general.--Section 415(a)(1)(A) of title 5, United
States Code, is amended by inserting ``the Office of Democracy
Advancement and Innovation,'' after ``Election Assistance
Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B)
of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of Democracy Advancement and
Innovation; or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as the
Director considers necessary and appropriate to carry out the
duties of the Office under this Act and the amendments made by
this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the enactment
of this Act, the Director shall promulgate such rules and
regulations as the Director considers necessary and appropriate
to carry out the requirements of this title and the amendments
made by this title.
(3) Comments by the election assistance commission.--The
Election Assistance Commission shall timely submit comments
with respect to any proposed regulations promulgated by the
Director under this subsection.
(h) Interim Authority Pending Appointment and Confirmation of
Director.--
(1) Authority of director of office of management and
budget.--Notwithstanding subsection (b), during the transition
period, the Director of the Office of Management and Budget is
authorized to perform the functions of the Office under this
Act, and shall act for all purposes as, and with the full
powers of, the Director.
(2) Interim administrative services.--
(A) Authority of office of management and budget.--
During the transition period, the Director of the
Office of Management and Budget may provide
administrative services necessary to support the
Office.
(B) Termination of authority; permitting
extension.--The Director of the Office of Management
and Budget shall cease providing interim administrative
services under this paragraph upon the expiration of
the transition period, except that the Director of the
Office of Management and Budget may continue to provide
such services after the expiration of the transition
period if the Director and the Director of the Office
of Management and Budget jointly transmit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and
Administration of the Senate--
(i) a written determination that an orderly
implementation of this Act is not feasible by
the expiration of the transition period;
(ii) an explanation of why an extension is
necessary for the orderly implementation of
this Act;
(iii) a description of the period during
which the Director of the Office of Management
and Budget shall continue providing services
under the authority of this subparagraph; and
(iv) a description of the steps that will
be taken to ensure an orderly and timely
implementation of this Act during the period
described in clause (iii).
(3) Transition period defined.--In this subsection, the
``transition period'' is the period which begins on the date of
the enactment of this Act and ends on the date on which the
first Director is appointed.
(4) Limit on length of period of interim authorities.--
Notwithstanding any other provision of this subsection, the
Director of the Office of Management and Budget may not
exercise any authority under this subsection after the
expiration of the 24-month period which begins on the date of
the enactment of this Act.
(i) Authorization of Appropriations.--There are authorized to be
appropriated from the Trust Fund such sums as may be necessary to carry
out the activities of the Office for fiscal year 2024 and each
succeeding fiscal year.
TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
SEC. 201. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``State Election Assistance and Innovation Trust
Fund''.
(b) Contents.--There is hereby appropriated to the Trust Fund
$2,000,000,000 for each of fiscal years 2024 through 2033.
(c) Use of Funds.--Amounts in the Trust Fund shall be used to make
payments and allocations under the Program and to carry out the
activities of the Office.
(d) Acceptance of Gifts.--The Office may accept gifts or bequests
for deposit into the Trust Fund.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``Indian lands'' includes--
(A) Indian country, 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.
(4) The term ``Office'' means the Office of Democracy
Advancement and Innovation established under section 105.
(5) The term ``Program'' means the Democracy Advancement
and Innovation Program established under section 101.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(7) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under section
201.
SEC. 302. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES.
(a) In General.--With respect to the calculation of any period of
time for the purposes of a deadline in this Act, the last day of the
period shall be included in such calculation, unless such day is a
Saturday, a Sunday, or a legal public holiday, in which case the period
of such deadline shall be extended until the end of the next day which
is not a Saturday, a Sunday, or a legal public holiday.
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day described in
section 6103(a) of title 5, United States Code.
SEC. 303. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of such Act
and amendments made by such Act and the application of such provision
or amendment to any other person or circumstance, shall not be affected
by the holding.
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