Overview
Title
To promote election integrity, voter confidence, and faith in elections by removing Federal impediments to, equipping States with tools for, and establishing voluntary considerations to support effective State administration of Federal elections, improving election administration in the District of Columbia, improving the effectiveness of military voting programs, enhancing election security, and protecting political speech, and for other purposes.
ELI5 AI
The American Confidence in Elections Act is a plan to make voting better by helping states run elections smoothly, keeping them safe from cheating, and giving everyone a fair chance to vote, especially our military friends, while making sure that only the right people are allowed to vote and stopping bad guys from messing with the election.
Summary AI
H.R. 4563, titled the "American Confidence in Elections Act," aims to promote election integrity and bolster voter confidence in the U.S. It seeks to improve state election administration by removing federal impediments, provides tools for states, and establishes voluntary guidelines for administering federal elections. The bill also improves election processes in the District of Columbia, enhances military voting programs, strengthens election security, and protects political speech. Additionally, it prohibits federal funds for states allowing ballot harvesting and sets standards for election equipment manufacturing in the U.S.
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AnalysisAI
The proposed legislation, titled the “American Confidence in Elections Act" (H.R. 4563), presents a comprehensive approach to addressing elections' integrity and security challenges in the United States. By aiming to remove federal impediments, equip states with tools, enhance military voting programs, and protect political speech, the bill seeks to improve the administration of federal elections and bolster public confidence.
General Summary of the Bill
This bill, introduced in Congress, includes several key components designed to reshape federal election administration, bolster election security measures, and enhance voting processes, particularly for military and overseas voters. The bill also emphasizes state sovereignty in election administration, while introducing federal guidelines to support election integrity. Additionally, it proposes changes to campaign finance laws, such as removing limits on coordinated party expenditures and easing reporting requirements for independent political contributions.
Summary of Significant Issues
One of the principal concerns with the bill lies in Section 133 and Section 908, which prohibit federal funds for states that permit "ballot harvesting"—a term that is not clearly defined within the legislation, leading to potential legal ambiguities and challenges. Moreover, the reduction of payments to jurisdictions that allow noncitizen voting, as found in Section 121 and Section 907, may strain local election resources and be construed as overly punitive.
Another significant issue is the potential concentration of powers within the Election Assistance Commission (Sections 153 and 154), which could raise concerns about centralized authority and insufficient checks and balances. The mandatory identification requirement for mail-in voting (Sections 125 and 304) is also contentious because it may disproportionally disenfranchise certain voter groups, including those with limited access to identification.
The bill's proposal to repeal transparency measures in campaign finance, such as reporting requirements for independent expenditures (Section 325), would likely decrease oversight and accountability, fostering an environment ripe for misconduct. Additionally, alterations to ranked-choice voting in Washington, D.C. (Section 333) could restrict diverse voting systems, thus potentially impacting voter representation and election fairness.
Broad Public Impact
At a broad level, the bill's provisions might enhance precautionary measures in election integrity, serving to strengthen public confidence in the electoral system if implemented effectively. The focus on ensuring American citizens are the only voters in federal elections could resonate positively with constituencies concerned about election security and citizenship rights.
However, the bill might also generate apprehensions about voter suppression among those who view the identification requirements and limitations on noncitizen and mail-in voting as barriers to participation. The potential reduction in financial transparency in campaign contributions may erode trust in the political process, leading to public suspicion of increasing undue influence by wealthy donors and powerful political interests.
Impact on Specific Stakeholders
State governments, being positioned as primary actors in election administration, might appreciate the emphasis on reducing federal overreach. However, restrictions linked to federal funding contingent upon specific election practices pose significant resource allocation challenges, particularly for states and districts that diverge in their approaches.
For voters, especially marginalized communities such as those lacking government-issued IDs or residing in jurisdictions permitting noncitizen voting, the bill could impose additional voting barriers. Military and overseas voters might face ambiguities due to proposed GAO reporting studies, impacting how effectively their voting challenges are addressed moving forward.
Political parties, particularly those with substantial fundraising capacity, could benefit from eased financial restraints on coordinated expenditures. Conversely, smaller parties and independent candidates might perceive these financial changes as skewing competitive balance in favor of established parties with significant resources.
In summary, while the bill advances measures to secure election integrity, several raised issues necessitate careful scrutiny to ensure they do not inadvertently disenfranchise voters or concentrate power excessively within specific federal bodies.
Financial Assessment
The proposed legislation, H.R. 4563, titled the "American Confidence in Elections Act," incorporates numerous financial references and appropriations that are instrumental in carrying out its objectives. This commentary aims to elucidate these financial aspects, while also connecting them with some of the issues identified in the bill.
Funding for the Election Assistance Commission
The bill proposes an amendment to the funding allocation for the Election Assistance Commission (EAC) under Section 153. Specifically, it increases the funding cap from $10,000,000 to $25,000,000 for each fiscal year from 2024 through 2026. This financial boost can be seen as empowering the EAC with greater resources to manage election security and election administration processes. However, there is a concern that concentrating more resources and authority within the EAC could raise issues about federal overreach and checks and balances, as highlighted in the identified issues.
Increased Financial Thresholds and Adjustments
Several sections, like Section 128, 322, and 323, underscore significant increases in financial thresholds. For instance, Section 128 revises the threshold for mandatory IRS reporting of non-employee compensation from $600 to $5,000, with an inflation adjustment mechanism addressing future increases. These adjustments reflect an effort to modernize financial regulations and reduce the administrative burden on smaller transactions. However, such changes might also lead to decreased financial transparency, as larger sums would be exempt from reporting under the revised limits.
Reduction of Payments to Certain States
Section 121 outlines a punitive financial measure that reduces federal payments to states permitting noncitizen voting by 30%. This financial penalty might strain the budgets of affected states, potentially impacting election management and changing how such states allocate their resources. As noted in the issues, this could pose risks to election administration integrity and further complicate the already contentious debate over state versus federal control of election practices.
Funding and Studies
The bill allocates resources for studies and oversight, including the creation of a permanent Census Monitoring Board in Section 503, with an annual allocation of $7,500,000 to carry out its functions. While intended to ensure thorough oversight of census activities, there is concern about the potential overlap with existing agencies, raising questions about the necessity and efficiency of duplicative spending.
Penalties and Fines
In sections concerning penalties, such as Sections 161 and 358, the bill stipulates fines up to $250,000 for violations, including prohibited foreign contributions and theft from political committees. These financial deterrents aim to enhance accountability but may face challenges in enforcement, particularly regarding tracking foreign influence, a concern that aligns with feedback from the identified issues.
Overall, H.R. 4563 presents a detailed framework of financial allocations, penalties, and fiscal adjustments that are integral to its mission of fostering election confidence and security. It reflects a legislative effort to balance resource allocation with regulatory oversight while addressing election integrity and administrative challenges. However, the financial measures, while robust, interweave complex debates on state autonomy, federal authority, transparency, and accountability that continue to challenge the contours of U.S. election administration.
Issues
The prohibition of federal funds for election administration in states that allow ballot harvesting (Sec. 133, Sec. 908) could lead to unequal distribution of federal support and potentially disenfranchise voters in states with different governance practices. The term 'ballot harvesting' is not clearly defined, leading to ambiguity and possible legal challenges.
The reduction in payments to states allowing noncitizen voting (Sec. 121, Sec. 907) might be seen as punitive and could strain local budgets. It raises concerns about potential impacts on election administration and integrity.
The section on prohibiting contributions and donations by foreign nationals in connection with ballot initiatives and referenda (Sec. 161, Sec. 612) may face challenges in enforcing such a prohibition, especially given difficulties in tracking indirect contributions.
The provisions related to the Election Assistance Commission's expanded role and increased funding (Sec. 153, Sec. 154) could be seen as concentrating power within a single federal entity, potentially raising concerns about checks and balances.
The requirement for voters to provide identification for mail-in voting (Sec. 125, Sec. 304) could be burdensome and risks disenfranchising certain voter groups, such as those without easy access to identification.
The establishment of the Census Monitoring Board (Sec. 503) and its significant budget could be viewed as duplicative, with potential concerns over its necessity and possible overlapping jurisdictions with existing bodies.
The amendments expanding permissible Federal election activity by local political parties (Sec. 305) might lead to increased influence of financial resources in elections, potentially overshadowing smaller parties or individual voices.
The repeal of the requirement for persons making independent expenditures to report certain donors (Sec. 325) may decrease transparency in campaign finance, raising accountability concerns.
The GAO study on domestic manufacturing of voting equipment (Sec. 139) involves significant potential costs without guaranteeing actionable outcomes, possibly resulting in wasteful spending.
Changes to ranked choice voting and other voting processes in the District of Columbia (Sec. 333) could limit voting system diversity, potentially affecting election fairness and voter representation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill gives it a short title, allowing it to be referred to as the “American Confidence in Elections Act” or the “ACE Act.”
2. Table of contents Read Opens in new tab
Summary AI
The text is the Table of Contents for an Act, outlining various titles and sections that address topics such as election administration integrity, military voting, First Amendment protection, election security, and congressional redistricting. It provides a structured overview of the provisions included in the Act, detailing areas like cybersecurity, voting rights, and the roles of different entities in election processes.
3. General findings Read Opens in new tab
Summary AI
Congress recognizes that while states primarily manage elections, federal involvement is only justified to address major issues, ensuring all eligible voters can participate and that states retain flexibility in redistricting. It emphasizes the importance of protecting political speech and the role of civil rights laws in preventing discrimination in elections.
101. Findings Relating to State Administration of Federal Elections Read Opens in new tab
Summary AI
Congress finds that the Constitution grants primary authority over federal elections to the States, allowing Congress to intervene only in extreme circumstances, such as when a State is unable to conduct elections due to events like invasions or emergencies. Historical context and debates have consistently supported that Congress's power is limited and intended as a backup to ensure federal elections occur when States are unable to manage them.
111. Short title Read Opens in new tab
Summary AI
The section states that this part of the bill can be called the “Voluntarily Offered Tools for Election Reforms by States Act” or simply the “VOTERS Act.”
112. Findings Read Opens in new tab
Summary AI
Congress has identified several key points regarding the administration of elections: States have the main responsibility for making and managing election laws; the system in the US allows each State to choose the best method for running elections; the Federal Government can support States by offering tools and removing barriers; and the Election Assistance Commission (EAC) helps States by sharing information and advice on improving election processes.
113. Election integrity voluntary considerations and Federal forum for State information sharing Read Opens in new tab
Summary AI
The section outlines a new provision in the Help America Vote Act of 2002, which calls for the Standards Board and Local Leadership Council to release voluntary guidelines for federal election administration. These guidelines will focus on various aspects such as mail-in ballot processes, voter identity verification, and election result reporting, while ensuring that states are not legally required to follow them or face penalties for non-compliance.
247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration Read Opens in new tab
Summary AI
The section tasks the Standards Board and Local Leadership Council with gathering information from different states about election administration practices and forming voluntary guidelines for improving federal election procedures. These guidelines cover various topics like mail-in ballot processing, voter signature verification, maintenance of voter lists, and election observer access, and they are not mandatory for states to implement.
121. Ensuring only eligible American citizens may participate in Federal elections Read Opens in new tab
Summary AI
The "Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023" aims to ensure that only eligible American citizens can vote in federal elections by clarifying states' authority to remove non-citizens from voter rolls, reducing election funding to states allowing non-citizen voting, and requiring federal entities to assist states with maintaining accurate voter lists. It also introduces penalties for non-citizens voting in federal elections and mandates separate voter lists and ballots for non-citizens in states where such voting is permitted in local elections.
907. Reduction in payments to States or local jurisdictions that allow noncitizen voting Read Opens in new tab
Summary AI
The section states that any state or local government allowing non-citizens to vote in public elections will have its funding from this Act reduced by 30%. Additionally, federal funds cannot be used for certain election-related activities in areas that permit non-citizen voting.
122. State reporting requirements with respect to voter list maintenance Read Opens in new tab
Summary AI
The amendment to the National Voter Registration Act requires states to keep records of inactive voters and make them publicly available, while also mandating that by June 30 of every odd-numbered year, states report detailed information about inactive voters and voting activities to the Election Assistance Commission.
123. Contents of State mail voter registration form Read Opens in new tab
Summary AI
The "State Instruction Inclusion Act" allows states to require proof of U.S. citizenship from applicants registering to vote by mail for federal elections, in addition to existing criteria outlined in the National Voter Registration Act of 1993.
124. Provision of photographic citizen voter identification tools for State use Read Opens in new tab
Summary AI
Congress proposes the "Citizen Vote Protection Act," which aims to provide photographic voter identification tools to states, ensuring these IDs indicate U.S. citizenship for voting purposes without imposing extra costs on individuals who cannot afford them. The act will amend the Real ID Act to include citizenship indication on identification cards starting in 2026, while clarifying that this is not an effort to create a national ID system.
125. Mandatory provision of identification for certain voters not voting in person Read Opens in new tab
Summary AI
The proposed amendment to the Help America Vote Act of 2002 requires certain voters who wish to vote by mail in federal elections to provide identification, like a photo ID or utility bill, when requesting or submitting their ballot. It takes effect on January 1, 2025, with exceptions for specific groups like overseas citizens and those covered under other federal laws.
304. Mandatory provision of identification for certain voters who vote by mail Read Opens in new tab
Summary AI
Congress mandates that individuals voting by mail in federal elections must provide identification, such as a photo ID or utility bill, with their ballot or application. This rule, effective January 1, 2025, has exceptions for those voting under specific federal laws, and allows states to impose stricter requirements.
126. Confirming access for congressional election observers Read Opens in new tab
Summary AI
The "Confirmation of Congressional Observer Access Act of 2023" allows designated congressional observers to watch how elections are carried out, ensuring fairness and accuracy. This act does not create new powers or procedures but emphasizes existing ones, requiring states to provide these observers access to all areas involved in election activities while not allowing them to interfere with the process.
305. Confirming access for congressional election observers Read Opens in new tab
Summary AI
Congress has the power to ensure that States allow designated congressional election observers to watch how federal elections are conducted. These observers, chosen by congressional committee leaders, can view election activities but cannot interfere with the process or violate voter privacy.
127. Use of requirements payments for post-election audits Read Opens in new tab
Summary AI
Section 127 of the bill allows states to use federal funds for post-election audits to check the accuracy and effectiveness of voting systems and procedures, as long as the audits are conducted by independent individuals and include a review of key processes like voter registration and vote counting. Additionally, Congress suggests that these audits should be completed before the deadline for challenging election results according to state law.
128. Increase in threshold for requiring information reporting with respect to certain payees Read Opens in new tab
Summary AI
In this bill section, the threshold for mandatory IRS reporting of payments and other financial transactions is raised from $600 to $5,000 starting in 2024, with future adjustments for inflation. It affects the amounts for reporting services and direct sales, backup withholding, and makes conforming changes to headings and timeframes related to these reports.
Money References
- (a) In general.—Sections 6041(a) of the Internal Revenue Code of 1986 is amended by striking “$600” and inserting “$5,000”. (b) Inflation adjustment.—Section 6041 of such Code is amended by adding at the end the following new subsection: “(h) Inflation adjustment.—In the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal to— “(1) such dollar amount, multiplied by “(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
- If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.”. (c) Application to reporting on remuneration for services and direct sales.—Section 6041A of such Code is amended— (1) in subsection (a)(2), by striking “is $600 or more” and inserting “equals or exceeds the dollar amount in effect for such calendar year under section 6041(a)”, and (2) in subsection (b)(1)(B), by striking “is $5,000 or more” and inserting “equals or exceeds the dollar amount in effect for such calendar year under section 6041(a)”. (d) Application to backup withholding.—Section 3406(b)(6) of such Code is amended— (1) by striking “$600” in subparagraph (A) and inserting “the dollar amount in effect for such calendar year under section 6041(a)”, and (2) by striking “only where aggregate for calendar year is $600 or more” in the heading and inserting “only if in excess of threshold”.
- — (1) The heading of section 6041(a) of such Code is amended by striking “of $600 or more” and inserting “exceeding threshold”.
129. Voluntary guidelines with respect to nonvoting election technology Read Opens in new tab
Summary AI
The section establishes guidelines for the use of nonvoting election technology by the Election Assistance Commission. It also defines nonvoting election technology, lists examples such as electronic pollbooks and online voter registration systems, and allows states to use federal funds to upgrade or obtain such technology, ensuring compliance with the guidelines.
298. Adoption of voluntary guidelines by Commission Read Opens in new tab
Summary AI
The Commission is required to establish voluntary guidelines by December 31, 2025, for election officials on using nonvoting election technology, considering recommendations from relevant boards. These guidelines must be reviewed at least every four years, with a public comment and hearing process before final recommendations are published in the Federal Register.
298A. Role of Standards Board and Local Leadership Council Read Opens in new tab
Summary AI
The section describes the role of the Standards Board and Local Leadership Council in helping the Commission develop guidelines for nonvoting election technology, with assistance from technical experts and potentially a detailee from the Cybersecurity and Infrastructure Security Agency.
298B. Use of payments to obtain or upgrade technology Read Opens in new tab
Summary AI
A state can use funds from any law to improve how elections are run for federal offices, including upgrading or obtaining new election technology that meets certain guidelines. These funds can also come from leftover grant money given by the Election Assistance Commission, specifically for enhancing election technology and security, until December 31, 2024.
298C. Nonvoting election technology defined Read Opens in new tab
Summary AI
In this section, "nonvoting election technology" is defined as technology used in managing elections that doesn't involve directly handling ballots or votes. Examples include electronic systems for checking voters in at polling places, reporting election results, delivering ballots electronically, registering to vote online, finding polling locations, accessing sample ballots, verifying signatures, and other technologies as advised by the Standards Board.
130. Status reports by National Institute of Standards and Technology Read Opens in new tab
Summary AI
The section amends the Help America Vote Act of 2002 to require that, starting in 2025, the Director of the National Institute of Standards and Technology submit an annual status report to Congress. This report should detail how well the Director met their responsibilities under the Act, including projects requested by the Commission, and include estimates for completing any unfinished tasks.
131. 501(c)(3) organizations prohibited from providing direct or indirect funding for election administration Read Opens in new tab
Summary AI
The End Zuckerbucks Act of 2023 aims to change the tax code so that nonprofit organizations categorized under 501(c)(3) cannot provide funds directly or indirectly to state or local governments for managing elections. This rule will not restrict venues like churches or community centers from being polling places and will take effect for funds given after the year 2025.
132. Federal agency involvement in voter registration activities Read Opens in new tab
Summary AI
The section titled "Promoting Free and Fair Elections Act of 2023" prohibits federal agencies from engaging in voter registration activities, cancels any existing agreements for such activities under a previous executive order, and restricts funding from being used to partner with nongovernmental organizations for voter registration and mobilization. It also amends the Higher Education Act to ensure federal work-study programs do not involve voter registration activities, and requires agencies to report past related activities to Congress.
133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting Read Opens in new tab
Summary AI
The proposed bill, titled the "No Federal Funds for Ballot Harvesting Act," aims to stop Federal funds from being used for election administration in States that allow ballot harvesting. It specifies exceptions where certain individuals, like family members, caregivers, or postal workers, may collect and transmit ballots legally.
908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties Read Opens in new tab
Summary AI
Federal funds cannot be used for elections in any state that doesn't have a law banning individuals—except certain officials, mail carriers, or close acquaintances—from collecting and submitting ballots for others. Close acquaintances include family members, people living in the same house, or caregivers.
134. Clarification with respect to Federal election record-keeping requirement Read Opens in new tab
Summary AI
The amendment to Section 301 of the Civil Rights Act of 1960 clarifies that various election records, including records related to mail-in ballots and post-election audits, must be kept as public records. These records should be available for public inspection, as defined by the law in the state where the election occurs, and accessible to specific individuals like candidates, political parties, and authorized observers.
135. Clarification of rules with respect to hiring of election workers Read Opens in new tab
Summary AI
The section titled “Election Worker Hiring Preference for Veterans and Americans With Disabilities Act” allows states or local governments to prioritize hiring veterans and individuals with disabilities as election workers, and suggests that they should also extend this preference to nonresident military spouses or dependents. It also requires the Federal Election Commission to gather and share information on these hiring preferences through a clearinghouse.
136. State assistance in assigning mailing addresses with respect to Tribal Governments Read Opens in new tab
Summary AI
The "Mailing Addresses on Indian Lands Act" requires state officials to help Tribal Governments assign mailing addresses to homes on tribal lands that do not have one. This ensures these addresses are recorded and recognized by the state.
137. State defined Read Opens in new tab
Summary AI
The Northern Mariana Islands Inclusion Act amends existing laws to include the Commonwealth of the Northern Mariana Islands in certain voting-related provisions, treating it the same as other U.S. territories like American Samoa and the United States Virgin Islands.
138. Voter registration for applicants without driver’s license or social security number Read Opens in new tab
Summary AI
The section amends the Help America Vote Act of 2002 to allow states to assign temporary identification numbers to voter registration applicants who do not have a driver's license or social security number. These temporary numbers are valid only for voter registration and must be replaced with a permanent ID within 30 days after the applicant receives a driver's license or social security number; otherwise, their application may be rejected.
139. GAO study on domestic manufacturing and assembly of voting equipment Read Opens in new tab
Summary AI
The section requires the U.S. Comptroller General to conduct a study on whether all voting equipment used in federal elections can be manufactured and assembled in the U.S., focusing on maintaining a secure supply chain. The findings must be reported within two years to various government bodies, and it expresses Congress's view that voting equipment should be developed and made in the U.S. by U.S. people.
139A. GAO study and report on ability of States to comply with certain special election requirements Read Opens in new tab
Summary AI
The section instructs the Comptroller General of the United States to study how well States can hold special elections for House vacancies under extraordinary conditions, without relying on a sample and in consultation with relevant bodies. A report with findings and recommendations must be submitted to Congress within 180 days of the act's enactment.
141. Short title Read Opens in new tab
Summary AI
Section 141 provides the official short title for the subtitle, which is the “American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act.”
142. Statement of congressional authority; findings Read Opens in new tab
Summary AI
Congress has identified several challenges and issues related to the voting process in the District of Columbia, including weak voter ID requirements, inadequate preparedness for elections, technological failures, and problems with voter registration and mail-in ballots. In 2022, a law allowing certain non-citizens to vote in local elections was passed, but it faced disapproval from the U.S. House of Representatives.
143. Requirements for elections in District of Columbia Read Opens in new tab
Summary AI
The proposed bill establishes specific requirements for how elections are conducted in the District of Columbia, including voter identification rules, voter registration processes, prohibitions on collecting and transmitting ballots by unauthorized third parties, and procedures for voting by mail, such as signature verification and notifications concerning discrepancies. It also mandates timely election result reporting, bans noncitizen voting and ranked choice voting, allows for public observation of election procedures, and requires early voting on up to ten days preceding an election.
321. Statement of congressional authority; findings Read Opens in new tab
Summary AI
Congress asserts its authority to set the rules for elections in Washington, D.C., based on its powers granted by the U.S. Constitution and historical acts like the Residence Act of 1790, which established Washington, D.C., as the nation's capital.
322. Requirements for photo identification Read Opens in new tab
Summary AI
The section outlines the requirements for voters in the District of Columbia to show photo identification before receiving a ballot. It specifies acceptable forms of ID, provisions for those who cannot afford an ID or have religious objections, ways to include voter photos in poll books, provisions to ensure voter privacy, and exceptions for individuals voting absentee or under certain federal laws.
323. Requirements for voter registration Read Opens in new tab
Summary AI
The American Confidence in Elections: District of Columbia Voter List Maintenance Act requires the District of Columbia to annually update its voter list by removing those who haven't voted in two years and don't respond to a notice. It also mandates that all voters must be registered at least 30 days before an election, prohibiting same-day registration.
324. Ban on collection and transmission of ballots by certain third parties Read Opens in new tab
Summary AI
The "American Confidence in Elections: District of Columbia Election Fraud Prevention Act" prevents most third parties from collecting and transmitting ballots in Washington, D.C. elections, allowing only specific individuals like election officials, postal workers, authorized mail collectors, or close relations such as family or caregivers to handle ballots.
325. Timely processing and reporting of results Read Opens in new tab
Summary AI
The section titled "American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act" sets rules for how the District of Columbia must handle election ballots. It requires ballots by mail to be immediately processed, results to be publicly reported within 12 hours after polls close, and all election activities to be conducted with representatives from different political parties present to ensure fairness.
326. Ban on noncitizen voting Read Opens in new tab
Summary AI
The section titled the "American Confidence in Elections: District of Columbia Citizen Voter Act" states that only U.S. citizens are allowed to vote in District of Columbia elections.
327. Requirements with respect to provisional ballots Read Opens in new tab
Summary AI
The section outlines the rules for using provisional ballots in District of Columbia elections. Voters who believe they are registered but are not found on the voter list, or who lack required identification, can cast a provisional ballot, which will be counted if they verify their eligibility within a set timeframe after the election.
328. Mandatory post-election audits Read Opens in new tab
Summary AI
The "American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act" requires the District of Columbia to conduct and publish an audit on the accuracy and effectiveness of their election systems within 30 days after each election. The audit must be conducted by someone independent from the District's election offices, and it cannot be finished later than 2 days before the deadline to contest the election results.
329. Public observation of election procedures Read Opens in new tab
Summary AI
The section allows designated individuals, such as representatives of candidates or political parties, to observe election procedures in Washington, D.C., including watching the vote counting and recounting processes, except for candidates and police officers. Members of the public can also observe if they apply for credentials, but they cannot challenge election results, and everyone must be allowed to watch from no more than three feet away.
330. Requirements for voting by mail-in ballot Read Opens in new tab
Summary AI
The "American Confidence in Elections: District of Columbia Mail Balloting Reform Act" outlines changes to mail-in voting in D.C., including that ballots can't be sent without a request, signatures must match records, voters must be notified of signature issues or defects with a chance to fix them within 48 hours, and ballots can't be accepted after polls close on Election Day unless from military or overseas voters.
331. Requirements with respect to use of drop boxes Read Opens in new tab
Summary AI
The section titled "American Confidence in Elections: District of Columbia Ballot Security Act" sets rules for using drop boxes during elections in Washington, D.C. It states that each drop box must be inside a government building, monitored 24/7, and ballots must be collected daily after 5 p.m. during election periods.
332. Special rule with respect to application of requirements to Federal elections Read Opens in new tab
Summary AI
With respect to federal elections in the District of Columbia, this section states that if there is any conflict between the rules in this subtitle and those in subtitle A, the rules in this subtitle will take precedence.
333. Prohibiting the use of ranked choice voting Read Opens in new tab
Summary AI
The section titled the “American Confidence in Elections: District of Columbia One Vote One Choice Act” bans the use of ranked choice voting in elections held in the District of Columbia, meaning voters cannot rank candidates by preference.
334. Early voting Read Opens in new tab
Summary AI
The bill requires that Washington, D.C. must offer early in-person voting for up to 10 days before an election, including weekends. Each polling place must be open during the same hours for early voting as it is on the actual election day.
335. District of Columbia election defined Read Opens in new tab
Summary AI
In this section, the term “District of Columbia election” is defined as any public office election held in the District of Columbia, which includes elections for both Federal offices and any ballot initiatives or referendums.
144. Repeal of Local Resident Voting Rights Amendment Act of 2022 Read Opens in new tab
Summary AI
The section repeals the Local Resident Voting Rights Amendment Act of 2022, meaning this Act is no longer in effect, and any changes it made to previous laws are undone, returning the laws to how they were before the Act was passed.
145. Effective date Read Opens in new tab
Summary AI
The amendments outlined in this part of the bill will start to affect elections in the District of Columbia beginning on January 1, 2024. The term "District of Columbia election" is defined according to the Help America Vote Act of 2002 as modified by another section of this bill.
151. Short title Read Opens in new tab
Summary AI
The section titled "SEC. 151. Short title." allows people to refer to this part of the law as the "Positioning the Election Assistance Commission for the Future Act of 2023."
152. Findings relating to the administration of the Election Assistance Commission Read Opens in new tab
Summary AI
Congress acknowledges the important role of the Election Assistance Commission in managing election-related tasks, emphasizing that it functions best when focused on its core duties like sharing election information, providing grants, and certifying equipment. The Commission is recognized as the primary federal agency with expertise in election administration, guiding other agencies and determining the release of advisories and grants.
153. Requirements with respect to staff and funding of the Election Assistance Commission Read Opens in new tab
Summary AI
The section amends the Help America Vote Act of 2002 by setting limits on the staff size and funding for the Election Assistance Commission, specifying how funds can be used, adjusting the pay structure for commission members, and establishing requirements for the Office of Inspector General. These changes are set to take effect on October 1, 2025.
Money References
- (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 2024 through 2026”; 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.
- (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 lesser of the amount of $176,300, 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, or 90 percent of the annual rate of pay for a member of the Federal Election Commission (but in no case lower than the rate applicable for the pay period occurring on the date of the enactment of the American Confidence in Elections Act)”; (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)
154. General requirements for payments made by Election Assistance Commission Read Opens in new tab
Summary AI
The section outlines the exclusive authority of the Election Assistance Commission to make payments for federal election administration, prohibits the use of these payments for get-out-the-vote activities, requires public communications funded by these payments to include a federal funding disclaimer, and mandates guidance for the proper use of such payments.
297. Prohibiting use of payments for get-out-the-vote-activity Read Opens in new tab
Summary AI
The section prohibits State or local governments from using federal funds to carry out activities aimed at encouraging people to vote, known as "get-out-the-vote" activities. These activities include efforts that specifically target certain voters based on political affiliation, expected voting behavior, residence, or other demographic factors.
297A. Requiring communications funded by payments to include disclaimer Read Opens in new tab
Summary AI
If a state or local government uses federal funds to create or share a public message about elections, that message must clearly say it was paid for with federal taxpayer money. The message must be easy to read or hear, depending on whether it's text, audio, or video, and it needs to meet specific requirements to make sure the disclaimer is noticeable.
297B. Guidance on use of payments Read Opens in new tab
Summary AI
The section requires the Commission to create and share clear guidelines about how states and local governments can use payments they receive under this law. These guidelines must be consistent for everyone, publicly available, and any changes can only take effect after the next general election. The guidelines will also be used to assess compliance during audits, and uniform terms for reporting will be established in consultation with the states.
155. Executive Board of the Standards Board authority to enter into contracts Read Opens in new tab
Summary AI
The Executive Board of the Standards Board is allowed to enter into contracts to hire up to two people to help them with managing election-related tasks, but only one person can be from the same political party at the same time. This power to hire will end by December 31, 2025, or earlier if the election-related tasks are completed, and no extra money will be given for these hires.
156. Election Assistance Commission primary role in election administration assistance Read Opens in new tab
Summary AI
The Election Assistance Commission (EAC) is given the primary role in assisting and addressing matters related to the administration of elections for federal office. Additionally, the EAC is the only federal body authorized to create voluntary guidelines regarding voting systems and related technology used in these elections.
157. Clarification of the duties of the Election Assistance Commission Read Opens in new tab
Summary AI
The section modifies the Help America Vote Act of 2002 to outline the duties of the Election Assistance Commission. It establishes a Federal forum for States to share experiences with election administration, emphasizes prioritizing core duties, and mandates the retention of qualified personnel to assist with these responsibilities, while restricting endorsement or use of private third-party information.
158. Election Assistance Commission powers Read Opens in new tab
Summary AI
The Election Assistance Commission is required to send copies of any budget estimates or legislative recommendations they submit to the President or Office of Management and Budget to specific congressional committees at the same time. Additionally, they must send legislative recommendations or comments directly to Congress without needing approval from other government offices.
159. Membership of the Local Leadership Council Read Opens in new tab
Summary AI
The bill amends the Help America Vote Act of 2002 to require that members appointed to the Local Leadership Council by the Commission represent different political affiliations and bring diverse perspectives. Additionally, the table of contents is updated to reflect these changes.
248. Membership of the Local Leadership Council Read Opens in new tab
Summary AI
The section of the bill states that when appointing members to the Local Leadership Council, the Commission must ensure that members from the same state have different political affiliations in their professional roles, aiming to gather a diverse range of opinions and ideas.
160. Rule of construction Read Opens in new tab
Summary AI
The section states that nothing in the subtitle, or its amendments, gives the Election Assistance Commission any extra regulatory power beyond what is necessary to fulfill its duties as outlined in the subtitle and its amendments.
161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda Read Opens in new tab
Summary AI
The section, known as the "American Confidence in Elections: Keeping Foreign Money out of Ballot Measures Act," makes it illegal for foreign nationals to contribute money or make donations related to state or local ballot initiatives or referenda. Violations of this law can result in a fine of up to $250,000, imprisonment for up to 5 years, or both; the regulation takes effect for contributions made after the law is enacted.
Money References
- “(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.
612. Foreign nationals making certain political contributions Read Opens in new tab
Summary AI
Foreign nationals are prohibited from making political contributions or donations, either directly or indirectly, in relation to state or local ballot measures. If someone breaks this rule, they can be fined up to $250,000, face up to 5 years in prison, or both. In this context, a "foreign national" is defined as per the Federal Election Campaign Act of 1971.
Money References
- (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)).
162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections Read Opens in new tab
Summary AI
The section amends the Federal Election Campaign Act to make it illegal for someone to knowingly assist a foreign national in making contributions or donations related to elections. This change applies to any contributions or donations made after the law is enacted.
163. Prohibition on contributions by foreign nationals to certain tax-exempt entities Read Opens in new tab
Summary AI
The section prohibits foreign nationals from contributing money or valuable items to certain tax-exempt organizations if those organizations plan to donate to political committees within four years. It also clarifies that donor information privacy must be maintained according to the Speech Privacy Act of 2023.
171. Short title Read Opens in new tab
Summary AI
SEC. 171 states that this part of the bill is called the “Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act.”
172. Establishment of panel of constitutional experts Read Opens in new tab
Summary AI
The Twentieth Amendment Section Four Panel is set up to consist of six constitutional experts selected by congressional leaders. Its job is to suggest legislation for handling the situation when a presidential or vice-presidential candidate dies in an electoral tie. The panel will meet at the Law Library of Congress, report their findings to Congress, and will operate without receiving any member compensation or extra funding. The group will disband 90 days after delivering their final report, and their records will be kept by the Senate and House of Representatives.
200. Short title Read Opens in new tab
Summary AI
This section specifies that the title for this part of the bill is the “American Confidence in Elections: Military Voting Rights Study Act.”
201. Findings relating to military voting Read Opens in new tab
Summary AI
Congress acknowledges the importance of ensuring that military personnel can vote and have their votes counted. Despite progress made by the MOVE Act, issues still exist that prevent servicemembers from participating fully in elections, and Congress recognizes the need to address these challenges to uphold the democratic rights of those who serve.
211. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters Read Opens in new tab
Summary AI
The Government Accountability Office is tasked with analyzing how well the Federal Government helps military members and their families vote while stationed away from home, and discovering ways to improve access to voter information and assistance. This includes assessing existing practices, identifying potential improvements, and estimating costs, with a report due by September 30, 2025.
300. Short title Read Opens in new tab
Summary AI
The section names the title as the "First Amendment Protection Act."
301. Findings Read Opens in new tab
Summary AI
Congress asserts that the Constitution's structure ensures federal power comes from the people or the states, with the First Amendment specifically guarding free speech, assembly, and petition rights. Any law limiting political speech must meet strict scrutiny, could be only about preventing corruption, and should be repealed if it exceeds this scope.
302. Repeal of limits on coordinated political party expenditures Read Opens in new tab
Summary AI
The bill removes previous spending limits on coordinated political party expenditures for federal office campaigns, allowing parties to spend any amount. It also clarifies that certain communications will be considered coordinated expenditures if they are paid for by a political party, mention a specific candidate, and are publicly shared in the candidate's area. These changes will start with the 2024 elections.
303. Repeal of limit on aggregate contributions by individuals Read Opens in new tab
Summary AI
Congress is removing the total amount of money that one person can give to candidates in federal elections. This change follows a Supreme Court decision that said these limits were unconstitutional.
304. Equalization of contribution limits to State and national political party committees Read Opens in new tab
Summary AI
The section modifies the Federal Election Campaign Act to make contribution limits equal for both national and State political parties, allowing State parties to use additional accounts like national parties for specific expenses related to conventions and party activities. It also updates how these limits are adjusted for inflation, with changes taking effect for elections starting in 2024.
Money References
- In any calendar year after 2024— “(i) a limitation established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); “(ii) each amount so increased shall remain in effect for the calendar year; and “(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”; and (B) in paragraph (2)(B)— (i) in clause (i), by striking “and” at the end; (ii) in clause (ii), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following new clause: “(iii) for purposes of subsection (a)(2), calendar year 2024.”. (c) Acceptance of additional amounts for certain accounts.— (1) PERMITTING ACCEPTANCE OF ADDITIONAL AMOUNTS IN SAME MANNER AS NATIONAL PARTIES.—Section 315(a) of such Act (52 U.S.C. 30116(a)) is amended— (A) in paragraph (1)(B), by striking “paragraph (9)” and inserting “paragraph (9) or paragraph (10)”; and (B) in paragraph (2)(B), by striking “paragraph (9)” and inserting “paragraph (9) or paragraph (10)”. (2) ACCOUNTS.—Section 315(a)(9) of such Act (52 U.S.C. 30116(a)(9)) is amended by striking “national committee of a political party” each place it appears in subparagraphs (A), (B), and (C) and inserting “committee of a national or State political party”.
305. Expansion of permissible Federal election activity by State and local political parties Read Opens in new tab
Summary AI
This section of the bill allows state and local political parties to use certain funds in coordination with federal election candidates. It also updates the rules for fundraising costs and clarifies when federal candidates can appear at fundraising events.
306. Participation in joint fundraising activities by multiple political committees Read Opens in new tab
Summary AI
Congress recognizes that current regulations for joint fundraising by political committees impose extra, unnecessary rules but decides not to repeal them, allowing committees to choose participation. Furthermore, the Federal Election Campaign Act is revised so that committees can share costs of fundraising efforts, make contributions to cover others’ costs, and create joint committees while complying with reporting requirements.
307. Findings Read Opens in new tab
Summary AI
Congress has identified the importance of the First Amendment’s freedom of association, noting its protection against forced disclosure of organization members, and highlighting past and ongoing threats to this freedom, including government targeting of groups based on political views. The text emphasizes the need to legally solidify these protections to safeguard all organizations, regardless of political stance, from potential retaliation.
308. Protecting privacy of donors to tax-exempt organizations Read Opens in new tab
Summary AI
The section, known as the "Speech Privacy Act of 2023," prohibits federal entities from collecting or disclosing the identity of donors to tax-exempt organizations, with specific exceptions for lawful actions by the IRS, Senate, House, Federal Election Commission, or under court orders. It defines penalties for violations and clarifies that certain political organizations are not considered tax-exempt for this purpose.
Money References
- Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ---
309. Reporting requirements for tax-exempt organizations Read Opens in new tab
Summary AI
The "Don't Weaponize the IRS Act" amends parts of the Internal Revenue Code to raise the gross receipts threshold for reporting by tax-exempt organizations from $5,000 to $50,000 and clarifies that these organizations, with some exceptions, do not need to include names and addresses of contributors in their annual returns. These changes apply to taxable years ending after the Act is enacted.
Money References
- (b) Organizations exempt from reporting.— (1) GROSS RECEIPTS THRESHOLD.—Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking “$5,000” and inserting “$50,000”.
310. Maintenance of standards for determining eligibility of section 501(c)(4) organizations Read Opens in new tab
Summary AI
The bill section prohibits the Department of the Treasury and the IRS from making new rules or changes concerning how they decide if an organization qualifies for a special tax status focused on helping the community under section 501(c)(4). It requires them to continue using the standards and definitions that were in place as of January 1, 2010, for determining this tax status for all organizations, no matter when they were created.
311. Prohibiting use of Federal funds for payments in support of congressional campaigns Read Opens in new tab
Summary AI
The section prohibits the use of any federal funds, such as fines or penalties, to support campaigns for Congressional elections, including those for Senators, Representatives, Delegates, or Resident Commissioners.
321. Electronic filing of electioneering communication reports Read Opens in new tab
Summary AI
The Modernizing Electioneering Communications Reporting Act requires that reports for electioneering communications be filed electronically, amending a section of the Federal Election Campaign Act to include this requirement.
322. Increased qualifying threshold and establishing purpose for political committees Read Opens in new tab
Summary AI
The section amends the Federal Election Campaign Act of 1971 to increase the threshold for what qualifies as a political committee to $25,000 in contributions or expenditures and establishes that such committees must primarily aim to support or oppose a candidate. Additionally, it adjusts these financial thresholds for inflation starting in 2024, rounding them to the nearest $100 if necessary, and applies these changes to elections held from 2024 onward.
Money References
- In general.—Section 301(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows: “(4) The term ‘political committee’ means— “(A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or “(B) any separate segregated fund established under the provisions of section 316(b).”. (b) Definition.—Section 301 of such Act (52 U.S.C. 30101) is amended by adding at the end the following new paragraph: “(27) MAJOR PURPOSE OF NOMINATING OR ELECTING A CANDIDATE.—The term ‘major purpose of nominating or electing a candidate’ means, with respect to a group of persons described in paragraph (4)(A)— “(A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or “(B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.”. (c) Price index adjustment for political committee threshold.—Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section 304(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: “(E) In any calendar year after 2024— “(i) a threshold established by sections 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); “(ii) each amount so increased shall remain in effect for the calendar year; and “(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking “and” at the end; (B) in clause (iii), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new clause: “(iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2024.”. (d) Effective date.—The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
323. Increased threshold with respect to independent expenditure reporting requirement Read Opens in new tab
Summary AI
In this section of the bill, the threshold for reporting independent expenditures in elections is increased from $250 to $1,000, starting in 2024. Additionally, this threshold will be adjusted annually for inflation and rounded to the nearest $100 when necessary, applying to elections from 2024 onwards.
Money References
- In general.—Section 304(c)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking “$250” and inserting “$1,000”. (b) Price index adjustment for independent expenditure reporting threshold.—Section 315(c) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: “(F) In any calendar year after 2024— “(i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); “(ii) each amount so increased shall remain in effect for the calendar year; and “(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking “and” at the end; (B) in clause (iv), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new clause: “(v) for purposes of section 304(c)(1), calendar year 2024.”. (c) Effective date.—The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. ---
324. Increased qualifying threshold with respect to candidates Read Opens in new tab
Summary AI
The section increases the threshold amount for a candidate to qualify under the Federal Election Campaign Act from $5,000 to $10,000. Additionally, starting in 2024, this threshold will be adjusted according to a price index and rounded to the nearest $100, with these changes applying to elections from 2024 onwards.
Money References
- (a) Increase in threshold.—Section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking “$5,000” each place it appears and inserting “$10,000”.
- (b) Price index adjustment for exemption of certain amounts as contributions.—Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by sections 304(b), 322(c), and 323(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: “(G) In any calendar year after 2024— “(i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); “(ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and “(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking “and” at the end; (B) in clause (v), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new clause: “(vi) for purposes of section 301(2), calendar year 2024.”. (c) Effective date.—The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. ---
325. Repeal requirement of persons making independent expenditures to report identification of certain donors Read Opens in new tab
Summary AI
The section of the bill repeals the requirement for individuals making independent political expenditures to report the identities of certain donors. It modifies specific provisions of the Federal Election Campaign Act to streamline it and ensures these changes take effect for expenditures made after the bill becomes law.
331. Increased threshold for exemption of certain amounts as contributions Read Opens in new tab
Summary AI
The bill amends the Federal Election Campaign Act to increase the exemption amounts for certain contributions, such as real or personal property and travel expenses, from $1,000 and $2,000 to $2,000 and $4,000, respectively. Additionally, these exemption amounts will be adjusted for inflation starting in 2024, ensuring they align with the cost of living changes; any adjustments will be rounded to the nearest $100.
Money References
- (a) Real or personal property exemption.—Section 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii)) is amended— (1) by striking “$1,000” and inserting “$2,000”; and (2) by striking “$2,000” and inserting “$4,000”.
- (b) Travel expenses exemption.—Section 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is amended— (1) by striking “$1,000” and inserting “$2,000”; and (2) by striking “$2,000” and inserting “$4,000”.
- (c) Price index adjustment for exemption of certain amounts as contributions.—Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by sections 304(b), 322(c), 323(b), and 324(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: “(H) In any calendar year after 2024— “(i) the exemption amounts established by sections 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); “(ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and “(iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.”; and (2) in paragraph (2)(B)— (A) in clause (v), by striking “and” at the end; (B) in clause (vi), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new clause: “(vii) for purposes of section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2024.”. (d) Effective date.—The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. ---
332. Exemption of uncompensated internet communications from treatment as contribution or expenditure Read Opens in new tab
Summary AI
The section exempts unpaid internet communications from being considered political contributions or expenditures unless they are paid for placement on another person's website or platform. The changes apply starting with the 2024 elections, and communications on the internet won't count as public or political advertising unless a fee is involved.
333. Media exemption Read Opens in new tab
Summary AI
The section expands the media exemption in the Federal Election Campaign Act to include any news, commentary, or editorial content distributed via various media platforms, like broadcasting, cable, and internet, as long as those entities are not controlled by political parties or candidates. It also clarifies that these forms of media distribution are not considered political contributions, and these changes apply to elections held from 2024 onwards.
341. Prohibition on issuance of regulations on Political Contributions Read Opens in new tab
Summary AI
Congress has decided that the Securities and Exchange Commission should not be allowed to create, enforce, or finalize any rules about revealing political donations. This measure is being put into permanent law to ensure political groups from all sides are protected from being unfairly targeted by this agency.
351. Permanent extension of fines for qualified disclosure requirement violations Read Opens in new tab
Summary AI
The bill section removes the expiration date for fines related to violations of the Federal Election Campaign Act's disclosure requirements, making these fines permanent beyond December 31, 2023.
352. Permitting political committees to make disbursements by methods other than check Read Opens in new tab
Summary AI
Congress has updated the Federal Election Campaign Act of 1971 to allow political committees to make payments from their accounts using methods other than just writing checks.
353. Designation of individual authorized to make campaign committee disbursements in event of death or incapacity of candidate Read Opens in new tab
Summary AI
In the event of a candidate's death or incapacity, this section allows the candidate to designate an individual who can manage the disbursement of funds from their campaign committee, with the option to appoint a backup if the first becomes unavailable. This designation must be filed with the Commission, and the authority given is strictly for managing funds as specified.
354. Prohibiting aiding or abetting making of contributions in name of another Read Opens in new tab
Summary AI
The section adds a new rule stating that it's illegal for anyone to knowingly help someone else make a campaign contribution using another person's name.
355. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission Read Opens in new tab
Summary AI
The section explains that the Federal Election Commission must usually defend itself in lawsuits brought against it, either through its General Counsel, by appointing special counsel, or by involving the Attorney General for criminal cases. However, the Commission can unanimously decide not to defend itself if all its members agree. This rule applies to any new lawsuits filed after this law is enacted.
356. Federal Election Commission member pay Read Opens in new tab
Summary AI
The text outlines changes to the compensation and service terms for members of the Federal Election Commission. It specifies that members will receive a set yearly pay that cannot be changed by executive action, details conditions under which members can't receive a pay increase after their term expires, and allows them to hold academic positions under certain conditions, while also clarifying that members can serve multiple 6-year terms.
Money References
- Except as provided in subparagraph (B), members”; (2) by striking “equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315)” and inserting “at an annual rate of basic pay 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, which may not be varied or suspended by executive action”; and (3) by adding at the end the following: “(B) A member who serves on the Commission after the expiration of the member’s term because the member’s successor has not taken office may not receive any increase in compensation under this subsection for any pay period occurring after the expiration of the 4-year period which begins on the date of the expiration of the member’s term.
357. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971 Read Opens in new tab
Summary AI
The section amends the Federal Election Campaign Act of 1971 to introduce a 5-year limit on starting civil proceedings for violations of the Act, stating that no civil penalties can be imposed unless proceedings begin within five years of the violation. This amendment applies only to violations happening after the law is enacted.
358. Theft from political committee as a Federal crime Read Opens in new tab
Summary AI
The section establishes that it is a federal crime to take money or anything valuable from a political committee's account without permission. Anyone caught doing this can be fined up to $250,000 or imprisoned for up to 5 years, or both.
Money References
- “(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.”. (b) 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: “613.
613. Theft from political committee Read Opens in new tab
Summary AI
It is illegal to take money or anything valuable from a Federal candidate's or their political committee's account without permission. If someone does this, they could be fined up to $250,000, go to prison for up to 5 years, or face both penalties.
Money References
- (a) In general.—It shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)). (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. ---
359. Repeal of obsolete provisions of law Read Opens in new tab
Summary AI
This section of the bill repeals multiple outdated or unconstitutional provisions of the Federal Election Campaign Act of 1971, including those related to the composition of the Federal Election Commission, contributions by minors, and campaign finance rules related to personal loans and independent expenditures. Additionally, it removes certain provisions of the Internal Revenue Code related to Presidential Election Campaign Fund usage and corrects a spelling error in the term 'subpoena' across specific sections.
360. Deadline for promulgation of proposed regulations Read Opens in new tab
Summary AI
The provided section requires that the Federal Election Commission must publish proposed regulations in the Federal Register within 120 days after this law is enacted to implement the changes specified in the title.
401. Short title Read Opens in new tab
Summary AI
The text in Section 401 states that this part of the legislative document is officially named the "Election Security Assistance Act."
402. Reports to Congress on foreign threats to elections Read Opens in new tab
Summary AI
The section outlines that the Secretary of Homeland Security and the Director of National Intelligence must submit yearly reports to Congress about foreign threats to U.S. elections, working with various federal departments and allowing optional input from state election agencies. It also defines key terms like "appropriate Federal entities," "appropriate congressional committees," and "chief State election official."
403. Rule of construction Read Opens in new tab
Summary AI
The section clarifies that nothing in this part of the bill should be interpreted as allowing the Secretary of Homeland Security to manage or oversee Federal elections.
411. Cybersecurity advisories relating to election systems Read Opens in new tab
Summary AI
The section requires the Director of the Cybersecurity and Infrastructure Security Agency to notify the Election Assistance Commission if an advisory on the cybersecurity of federal election systems is needed. The advisory can only be issued with input from the Commission and must be communicated to state election officials and voting system vendors if it is released.
412. Process to test for cybersecurity vulnerabilities in election equipment Read Opens in new tab
Summary AI
The section outlines a voluntary process, to be established and implemented by the Director and the Commission, for testing voting systems used in federal elections for cybersecurity vulnerabilities. This includes strategies for mitigation, notifying appropriate entities about test results, and labeling systems that pass these tests, without affecting existing certification standards or procedures under the Help America Vote Act of 2002.
413. Sense of Congress regarding need to notify State and local officials of election cybersecurity incidents Read Opens in new tab
Summary AI
Congress believes it is crucial for federal officials to keep state and local officials informed about cybersecurity issues related to elections, as federal government is responsible for national security while states manage election laws and federal elections.
501. Sense of Congress on authority to establish maps of congressional districts Read Opens in new tab
Summary AI
Congress believes that while it has the constitutional power to ensure fair redistricting for congressional districts, only each State has the right to create its own maps and decide how they are drawn.
502. Authority for Speaker of the House to join certain civil actions relating to apportionment Read Opens in new tab
Summary AI
In Section 502, the Speaker of the House of Representatives is allowed to start or join a civil lawsuit to stop the use of certain statistical methods in the census that affects the distribution of Congressional seats. The House's General Counsel will handle these legal actions and may hire additional lawyers and experts if needed.
503. Census Monitoring Board Read Opens in new tab
Summary AI
The section of the bill establishes the Census Monitoring Board to oversee the accuracy and processes of the U.S. decennial censuses, starting with the 2020 census and continuing with subsequent ones. The Board, composed of bipartisan members, will have access to census data, report findings to Congress, and work to improve the transparency and accuracy of census operations.
Money References
- (l) Authorization of appropriations.—There is authorized to be appropriated $7,500,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section.
601. Termination of the Disinformation Governance Board Read Opens in new tab
Summary AI
The section states that the Disinformation Governance Board, which is part of the Department of Homeland Security, is officially shut down.
602. Prohibition on funding similar board or similar activities Read Opens in new tab
Summary AI
Federal funds cannot be used to create or conduct activities similar to the Disinformation Governance Board, which has been terminated.
701. Severability Read Opens in new tab
Summary AI
If any part of the Act or its amendments is found to be unconstitutional, the rest of the Act and its application to other people or situations will still remain valid and unaffected.