Overview

Title

To amend the Help America Vote Act of 2002 to prohibit Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes, and for other purposes.

ELI5 AI

The bill wants to stop giving money to states for elections if they try to unfairly keep certain presidential candidates off the list people vote from by misusing a specific rule in the Constitution. It also says that only special federal judges can decide if someone should be on the voting list for president, and they must do it quickly.

Summary AI

The bill, titled the “Constitutional Election Integrity Act,” aims to amend the Help America Vote Act of 2002 by blocking Federal election funds for states that misuse the Fourteenth Amendment for political purposes. Specifically, it prohibits funds to states where officials prevent eligible presidential candidates from appearing on the ballot using section 3 of the Fourteenth Amendment. It also establishes that only federal district courts have the authority to handle disputes over presidential ballot eligibility under the Fourteenth Amendment, excluding state or territorial courts. Additionally, a special three-judge panel must hear these cases, and their findings are expedited to the Supreme Court for review.

Published

2024-01-11
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-11
Package ID: BILLS-118s3588is

Bill Statistics

Size

Sections:
4
Words:
659
Pages:
4
Sentences:
21

Language

Nouns: 234
Verbs: 46
Adjectives: 34
Adverbs: 2
Numbers: 22
Entities: 63

Complexity

Average Token Length:
4.51
Average Sentence Length:
31.38
Token Entropy:
4.71
Readability (ARI):
19.28

AnalysisAI

General Summary of the Bill

The bill in question proposes an amendment to the Help America Vote Act of 2002. Its primary aim is to restrict federal funding for election administration in states that misuse the Fourteenth Amendment by barring otherwise eligible presidential candidates from appearing on ballots through executive actions. The bill, titled the "Constitutional Election Integrity Act," introduces new jurisdictional guidelines, conferring federal district courts exclusive jurisdiction over disputes concerning presidential candidates' eligibility under the Fourteenth Amendment. This includes the unique provision where a three-judge federal district court panel would be responsible for establishing facts in such disputes, which are to be expedited for review by the Supreme Court.

Summary of Significant Issues

One of the notable issues with this bill is the potentially ambiguous language used around the "misuse of the Fourteenth Amendment for political purposes." Such vagueness could lead to various interpretations and legal challenges, particularly regarding what constitutes a "misuse." Moreover, the bill's prohibition of federal funds to states based on their executive actions may raise concerns about federal overreach and the autonomy of states in managing their elections.

The jurisdictional changes proposed in the bill also introduce complexity, specifically in handling disputes on a candidate's eligibility. By excluding state courts from these matters, it centralizes authority within the federal judiciary without offering clear guidance on the timelines or processes involved, which could lead to delays or uncertainty.

Public Impact

Broadly, the proposed bill could significantly impact the electoral process and election funding across states. With the risk of losing federal funds, states might hesitate to enforce certain decisions regarding candidate eligibility. This could, in turn, impact the political landscape, potentially stifling the introduction of certain state-level policies or actions deemed necessary by state leaders.

For voters, the changes could affect election administration, potentially leading to reduced resources for conducting elections should states be denied federal funds. This reduction could compromise the accessibility and fairness of elections, impacting voter turnout and confidence.

Impact on Specific Stakeholders

State Governments: The bill might be viewed as an infringement on state sovereignty. Governors and other state executives may find their ability to regulate elections constrained, especially concerning decisions made to bar candidates they consider ineligible under certain interpretations of constitutional provisions.

Federal Judiciary: The bill places additional responsibilities on federal district courts, requiring them to manage and expedite complex electoral disputes. This could increase the workload of these courts and accelerate decisions that might otherwise take longer.

Political Candidates: Those running for presidential office might encounter a more streamlined process for contesting their eligibility disputes. However, the new legal procedures could also introduce unpredictability, depending on how these processes are interpreted and executed.

Voters: For the electorate, there is a potential downside in terms of the accessibility and execution of elections. If states lose funding due to disputes on how the Fourteenth Amendment is applied, election resources could become strained, thereby affecting voter experience and participation.

Overall, while the bill aims to address concerns regarding the misuse of constitutional provisions for political ends, its implications for state-federal relations, judicial processes, and electoral administration necessitate careful consideration and clarification to ensure it does not lead to unintended consequences.

Issues

  • The prohibition on federal funds to states misusing the Fourteenth Amendment for political purposes (Section 2, SEC. 901) could restrict states' rights and autonomy in managing their election processes, potentially leading to significant political and legal controversies over federal overreach.

  • The language in Section 2 regarding the 'misuse of the Fourteenth Amendment for political purposes' is vague and could lead to disputes over definitions and enforcement, causing confusion and legal challenges.

  • There are concerns that Section 2's prohibition might inadvertently affect necessary federal funds intended for fair and accessible elections, which could impact voters and election administration adversely.

  • Section 3's allocation of jurisdiction to federal district courts, excluding state courts, in matters arising under section 3 of the Fourteenth Amendment introduces potential ambiguity and complexity regarding the handling of ballot eligibility disputes for presidential candidates.

  • The lack of a specified time frame for the Supreme Court to act on cases 'on an expedited basis' in Section 3(d) could lead to delays and uncertainty in urgent electoral challenges.

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 this Act establishes that its official name is the "Constitutional Election Integrity Act."

2. Prohibition on Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes Read Opens in new tab

Summary AI

The section amends the Help America Vote Act of 2002 to prevent any federal funds from being used to manage elections for federal offices in states that misuse the Fourteenth Amendment by blocking eligible presidential candidates from ballot access through executive actions. It also includes a clerical update to the Act’s table of contents to reflect this change.

901. Prohibition on Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes Read Opens in new tab

Summary AI

The section prohibits the use of federal funds for conducting federal elections in any state where political leaders prevent eligible presidential candidates from appearing on the ballot by misapplying the Fourteenth Amendment's guidelines.

3. Jurisdiction Read Opens in new tab

Summary AI

The section specifies that only Federal district courts have the authority to handle disputes about whether presidential candidates are eligible for the ballot under the Fourteenth Amendment, not state or territory courts. If such a case is filed, a special 3-judge Federal district court will decide the facts, which are then reviewed by the Supreme Court quickly, and they may even re-examine these facts from scratch.