Us Congress 2023-2024 Regular Session

Us Congress House Bill HB5046 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 5046
5	5	To amend the Help America Vote Act of 2002 to provide increased protections
6	6	for election workers and voters in elections for Federal office, and for
7	7	other purposes.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	JULY27, 2023
10	10	Mr. S
11	11	ARBANES(for himself, Mr. MORELLE, Mr. ALLRED, and Ms. WILLIAMS
12	12	of Georgia) introduced the following bill; which was referred to the Com-
13	13	mittee on House Administration, and in addition to the Committee on the
14	14	Judiciary, for a period to be subsequently determined by the Speaker, in
15	15	each case for consideration of such provisions as fall within the jurisdic-
16	16	tion of the committee concerned
17	17	A BILL
18	18	To amend the Help America Vote Act of 2002 to provide
19	19	increased protections for election workers and voters in
20	20	elections for Federal office, and for other purposes.
21	21	Be it enacted by the Senate and House of Representa-1
22	22	tives of the United States of America in Congress assembled, 2
23	23	SECTION 1. SHORT TITLE. 3
24	24	This Act may be cited as the ‘‘Preventing Election 4
25	25	Subversion Act of 2023’’. 5
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28	28	•HR 5046 IH
29	29	SEC. 2. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION 1
30	30	ADMINISTRATORS IN ADMINISTRATION OF 2
31	31	ELECTIONS FOR FEDERAL OFFICE. 3
32	32	(a) F
33	33	INDINGS.—Congress makes the following find-4
34	34	ings: 5
35	35	(1) Congress has explicit and broad authority to 6
36	36	regulate the time, place, and manner of Federal elec-7
37	37	tions under the Elections Clause under article I, sec-8
38	38	tion 4, clause 1 of the Constitution of the United 9
39	39	States, including by establishing standards for the 10
40	40	fair, impartial, and uniform administration of Fed-11
41	41	eral elections by State and local officials. 12
42	42	(2) The Elections Clause was understood from 13
43	43	the framing of the Constitution of the United States 14
44	44	to contain ‘‘words of great latitude,’’ granting Con-15
45	45	gress broad power over Federal elections and a ple-16
46	46	nary right to preempt State regulation in this area. 17
47	47	As made clear at the Constitutional Convention and 18
48	48	the State ratification debates that followed, this 19
49	49	grant of congressional authority was meant to ‘‘in-20
50	50	sure free and fair elections,’’ promote the uniform 21
51	51	administration of Federal elections, and ‘‘preserve 22
52	52	and restore to the people their equal and sacred 23
53	53	rights of election.’’. 24
54	54	(3) In the founding debates on the Elections 25
55	55	Clause, many delegates also argued that a broad 26
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59	59	grant of authority to Congress over Federal elections 1
60	60	was necessary to check any ‘‘abuses that might be 2
61	61	made of the discretionary power’’ to regulate the 3
62	62	time, place, and manner of elections granted the 4
63	63	States, including attempts at partisan entrenchment, 5
64	64	malapportionment, and the exclusion of political mi-6
65	65	norities. As the Supreme Court has recognized, the 7
66	66	Elections Clause empowers Congress to ‘‘protect the 8
67	67	elections on which its existence depends,’’ Ex parte 9
68	68	Yarbrough, 110 U.S. 651, 658 (1884), and ‘‘protect 10
69	69	the citizen in the exercise of rights conferred by the 11
70	70	Constitution of the United States essential to the 12
71	71	healthy organization of the government itself,’’ id. at 13
72	72	666. 14
73	73	(4) The Elections Clause grants Congress ‘‘ple-15
74	74	nary and paramount jurisdiction over the whole sub-16
75	75	ject’’ of Federal elections, Ex parte Siebold, 100 17
76	76	U.S. 371, 388 (1879), allowing Congress to imple-18
77	77	ment ‘‘a complete code for congressional elections.’’ 19
78	78	Smiley v. Holm, 285 U.S. 355, 366 (1932). The 20
79	79	Elections Clause, unlike, for example, the Commerce 21
80	80	Clause, has been found to grant Congress the au-22
81	81	thority to compel States to alter their regulations as 23
82	82	to Federal elections, id. at 366–67, even if these al-24
83	83	terations would impose additional costs on the 25
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86	86	•HR 5046 IH
87	87	States to execute or enforce. Association of Commu-1
88	88	nity Organizations for Reform Now v. Miller, 129 2
89	89	F.3d 833 (6th Cir. 1997). 3
90	90	(5) The phrase ‘‘manner of holding elections’’ 4
91	91	in the Elections Clause has been interpreted by the 5
92	92	Supreme Court to authorize Congress to regulate all 6
93	93	aspects of the Federal election process, including 7
94	94	‘‘notices, registration, supervision of voting, protec-8
95	95	tion of voters, prevention of fraud and corrupt prac-9
96	96	tices, counting of votes, duties of inspectors and can-10
97	97	vassers, and the making and publication of election 11
98	98	returns.’’ Smiley v. Holm, 285 U.S. 355, 366 12
99	99	(1932). 13
100	100	(6) The Supreme Court has recognized the 14
101	101	broad ‘‘substantive scope’’ of the Elections Clause 15
102	102	and upheld Federal laws promulgated thereunder 16
103	103	regulating redistricting, voter registration, campaign 17
104	104	finance, primary elections, recounts, party affiliation 18
105	105	rules, and balloting. 19
106	106	(7) The authority of Congress under the Elec-20
107	107	tions Clause also entails the power to ensure en-21
108	108	forcement of its laws regulating Federal elections. 22
109	109	‘‘[I]f Congress has the power to make regulations, it 23
110	110	must have the power to enforce them.’’ Ex parte 24
111	111	Siebold, 100 U.S. 371, 387 (1879). The Supreme 25
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115	115	Court has noted that there can be no question that 1
116	116	Congress may impose additional penalties for of-2
117	117	fenses committed by State officers in connection 3
118	118	with Federal elections even if they differ from the 4
119	119	penalties prescribed by State law for the same acts. 5
120	120	Id. at 387–88. 6
121	121	(8) The fair and impartial administration of 7
122	122	Federal elections by State and local officials is cen-8
123	123	tral to ‘‘the successful working of this government,’’ 9
124	124	Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 10
125	125	to ‘‘protect the act of voting . . . and the election 11
126	126	itself from corruption or fraud,’’ id. at 661–62. 12
127	127	(9) The Elections Clause thus grants Congress 13
128	128	the authority to ensure that the administration of 14
129	129	Federal elections is free of political bias or discrimi-15
130	130	nation and that election officials are insulated from 16
131	131	political influence or other forms of coercion in dis-17
132	132	charging their duties in connection with Federal 18
133	133	elections. 19
134	134	(10) In some States, oversight of local election 20
135	135	administrators has been allocated to State Election 21
136	136	Boards, or special commissions formed by those 22
137	137	boards, that are appointed by the prevailing political 23
138	138	party in a State, as opposed to nonpartisan or elect-24
139	139	ed office holders. 25
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143	143	(11) In certain newly enacted State policies, 1
144	144	these appointed statewide election administrators 2
145	145	have been granted wide latitude to suspend or re-3
146	146	move local election administrators in cases where the 4
147	147	statewide election administrators identify whatever 5
148	148	the State deems to be a violation. There is no re-6
149	149	quirement that there be a finding of intent by the 7
150	150	local election administrator to commit the violation. 8
151	151	(12) Local election administrators across the 9
152	152	country can be suspended or removed according to 10
153	153	different standards, potentially exposing them to dif-11
154	154	ferent political pressures or biases that could result 12
155	155	in uneven administration of Federal elections. 13
156	156	(13) The Elections Clause grants Congress the 14
157	157	ultimate authority to ensure that oversight of State 15
158	158	and local election administrators is fair and impar-16
159	159	tial in order to ensure equitable and uniform admin-17
160	160	istration of Federal elections. 18
161	161	(b) R
162	162	ESTRICTION.— 19
163	163	(1) S
164	164	TANDARD FOR REMOVAL OF A LOCAL 20
165	165	ELECTION ADMINISTRATOR .—A statewide election 21
166	166	administrator may only suspend, remove, or relieve 22
167	167	the duties of a local election administrator in the 23
168	168	State with respect to the administration of an elec-24
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172	172	tion for Federal office for inefficiency, neglect of 1
173	173	duty, or malfeasance in office. 2
174	174	(2) P
175	175	RIVATE RIGHT OF ACTION.— 3
176	176	(A) I
177	177	N GENERAL.—Any local election ad-4
178	178	ministrator suspended, removed, or otherwise 5
179	179	relieved of duties in violation of paragraph (1) 6
180	180	with respect to the administration of an election 7
181	181	for Federal office or against whom any pro-8
182	182	ceeding for suspension, removal, or relief from 9
183	183	duty in violation of paragraph (1) with respect 10
184	184	to the administration of an election for Federal 11
185	185	office may be pending, may bring an action in 12
186	186	an appropriate district court of the United 13
187	187	States for declaratory or injunctive relief with 14
188	188	respect to the violation. Any such action shall 15
189	189	name as the defendant the statewide election 16
190	190	administrator responsible for the adverse ac-17
191	191	tion. The district court shall, to the extent prac-18
192	192	ticable, expedite any such proceeding. 19
193	193	(B) S
194	194	TATUTE OF LIMITATIONS .—Any ac-20
195	195	tion brought under this subsection must be 21
196	196	commenced not later than 1 year after the date 22
197	197	of the suspension, removal, relief from duties, 23
198	198	or commencement of the proceeding to remove, 24
199	199	suspend, or relieve the duties of a local election 25
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202	202	•HR 5046 IH
203	203	administrator with respect to the administration 1
204	204	of an election for Federal office. 2
205	205	(3) A
206	206	TTORNEY’S FEES.—In any action or pro-3
207	207	ceeding under this subsection, the court may allow 4
208	208	a prevailing plaintiff, other than the United States, 5
209	209	reasonable attorney’s fees as part of the costs, and 6
210	210	may include expert fees as part of the attorney’s fee. 7
211	211	The term ‘‘prevailing plaintiff’’ means a plaintiff 8
212	212	that substantially prevails pursuant to a judicial or 9
213	213	administrative judgment or order, or an enforceable 10
214	214	written agreement. 11
215	215	(4) R
216	216	EMOVAL OF STATE PROCEEDINGS TO FED -12
217	217	ERAL COURT.—A local election administrator who is 13
218	218	subject to an administrative or judicial proceeding 14
219	219	for suspension, removal, or relief from duty by a 15
220	220	statewide election administrator with respect to the 16
221	221	administration of an election for Federal office may 17
222	222	remove the proceeding to an appropriate district 18
223	223	court of the United States. Any order remanding a 19
224	224	case to the State court or agency from which it was 20
225	225	removed under this subsection shall be reviewable by 21
226	226	appeal or otherwise. 22
227	227	(5) R
228	228	IGHT OF UNITED STATES TO INTER -23
229	229	VENE.— 24
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232	232	•HR 5046 IH
233	233	(A) NOTICE TO ATTORNEY GENERAL .— 1
234	234	Whenever any administrative or judicial pro-2
235	235	ceeding is brought to suspend, remove, or re-3
236	236	lieve the duties of any local election adminis-4
237	237	trator by a statewide election administrator 5
238	238	with respect to the administration of an election 6
239	239	for Federal office, the statewide election admin-7
240	240	istrator who initiated such proceeding shall de-8
241	241	liver a copy of the pleadings instituting the pro-9
242	242	ceeding to the Assistant Attorney General for 10
243	243	the Civil Rights Division of the Department of 11
244	244	Justice. The local election administrator against 12
245	245	whom such proceeding is brought may also de-13
246	246	liver such pleadings to the Assistant Attorney 14
247	247	General. 15
248	248	(B) R
249	249	IGHT TO INTERVENE .—The United 16
250	250	States may intervene in any administrative or 17
251	251	judicial proceeding brought to suspend, remove, 18
252	252	or relieve the duties of any local election admin-19
253	253	istrator by a statewide election administrator 20
254	254	with respect to the administration of an election 21
255	255	for Federal office and in any action initiated 22
256	256	pursuant to paragraph (2) or in any removal 23
257	257	pursuant to paragraph (4). 24
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261	261	(6) REVIEW.—In reviewing any action brought 1
262	262	under this section, a court of the United States shall 2
263	263	not afford any deference to any State official, ad-3
264	264	ministrator, or tribunal that initiated, approved, ad-4
265	265	judicated, or reviewed any administrative or judicial 5
266	266	proceeding to suspend, remove, or otherwise relieve 6
267	267	the duties of a local election administrator. 7
268	268	(c) R
269	269	EPORTS TO THE DEPARTMENT OF JUSTICE.— 8
270	270	(1) I
271	271	N GENERAL.—Not later than 30 days after 9
272	272	the suspension, removal, or relief of the duties of a 10
273	273	local election administrator by a statewide election 11
274	274	administrator, the Statewide election administrator 12
275	275	shall submit to the Assistant Attorney General for 13
276	276	the Civil Rights Divisions of the Department of Jus-14
277	277	tice a report that includes the following information: 15
278	278	(A) A statement that a local election ad-16
279	279	ministrator was suspended, removed, or relieved 17
280	280	of their duties. 18
281	281	(B) Information on whether the local elec-19
282	282	tion administrator was determined to be ineffi-20
283	283	cient or to have engaged in neglect of duty or 21
284	284	malfeasance in office. 22
285	285	(C) A description of the effect that the 23
286	286	suspension, removal, or relief of the duties of 24
287	287	the local election administrator will have on— 25
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291	291	(i) the administration of elections and 1
292	292	voters in the election jurisdictions for 2
293	293	which the local election official provided 3
294	294	such duties; and 4
295	295	(ii) the administration of elections and 5
296	296	voters in the State at large. 6
297	297	(D) Demographic information about the 7
298	298	local election official suspended, removed, or re-8
299	299	lieved and the jurisdictions for which such elec-9
300	300	tion official was providing the duties suspended, 10
301	301	removed, or relieved. 11
302	302	(E) Such other information as requested 12
303	303	by the Assistant Attorney General for the pur-13
304	304	poses of determining— 14
305	305	(i) whether such suspension, removal, 15
306	306	or relief of duties was based on unlawful 16
307	307	discrimination; and 17
308	308	(ii) whether such suspension, removal, 18
309	309	or relief of duties was due to inefficiency, 19
310	310	neglect of duty, or malfeasance in office. 20
311	311	(2) E
312	312	XPEDITED REPORTING FOR ACTIONS 21
313	313	WITHIN 30 DAYS OF AN ELECTION .— 22
314	314	(A) I
315	315	N GENERAL.—If a suspension, re-23
316	316	moval, or relief of duties of a local adminis-24
317	317	trator described in paragraph (1) occurs during 25
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321	321	the period described in subparagraph (B), the 1
322	322	report required under paragraph (1) shall be 2
323	323	submitted not later than 48 hours after such 3
324	324	suspension, removal, or relief of duties. 4
325	325	(B) P
326	326	ERIOD DESCRIBED.—The period de-5
327	327	scribed in this subparagraph is any period 6
328	328	which begins 60 days before the date of an elec-7
329	329	tion for Federal office and which ends 60 days 8
330	330	after such election. 9
331	331	(d) D
332	332	EFINITIONS.—In this section, the following defi-10
333	333	nitions apply: 11
334	334	(1) E
335	335	LECTION.—The term ‘‘election’’ has the 12
336	336	meaning given the term in section 301(1) of the 13
337	337	Federal Election Campaign Act of 1971 (52 U.S.C. 14
338	338	30101(1)). 15
339	339	(2) F
340	340	EDERAL OFFICE.—The term ‘‘Federal of-16
341	341	fice’’ has the meaning given the term in section 17
342	342	301(3) of the Federal Election Campaign Act of 18
343	343	1971 (52 U.S.C. 30101(3)). 19
344	344	(3) L
345	345	OCAL ELECTION ADMINISTRATOR .—The 20
346	346	term ‘‘local election administrator’’ means, with re-21
347	347	spect to a local jurisdiction in a State, the individual 22
348	348	or entity responsible for the administration of elec-23
349	349	tions for Federal office in the local jurisdiction. 24
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353	353	(4) STATEWIDE ELECTION ADMINISTRATOR .— 1
354	354	The term ‘‘statewide election administrator’’ means, 2
355	355	with respect to a State— 3
356	356	(A) the individual or entity, including a 4
357	357	State elections board, responsible for the ad-5
358	358	ministration of elections for Federal office in 6
359	359	the State on a statewide basis; or 7
360	360	(B) a statewide legislative or executive en-8
361	361	tity with the authority to suspend, remove, or 9
362	362	relieve a local election administrator. 10
363	363	(e) R
364	364	ULE OFCONSTRUCTION.—Nothing in this sec-11
365	365	tion shall be construed to grant any additional authority 12
366	366	to remove a local elections administrator beyond any au-13
367	367	thority provided under the law of the State. 14
368	368	SEC. 3. PROTECTIONS FOR VOTERS ON ELECTION DAY. 15
369	369	(a) R
370	370	EQUIREMENTS.—Subtitle A of title III of the 16
371	371	Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 17
372	372	is amended by inserting after section 303 the following 18
373	373	new section: 19
374	374	‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 20
375	375	‘‘(a) R
376	376	EQUIREMENTS FOR CHALLENGES BYPERSONS 21
377	377	O
378	378	THERTHANELECTIONOFFICIALS.— 22
379	379	‘‘(1) R
380	380	EQUIREMENTS FOR CHALLENGES .—No 23
381	381	person, other than a State or local election official, 24
382	382	shall submit a formal challenge to an individual’s eli-25
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386	386	gibility to register to vote in an election for Federal 1
387	387	office or to vote in an election for Federal office un-2
388	388	less that challenge is supported by personal knowl-3
389	389	edge with respect to each individual challenged re-4
390	390	garding the grounds for ineligibility which is— 5
391	391	‘‘(A) documented in writing; and 6
392	392	‘‘(B) subject to an oath or attestation 7
393	393	under penalty of perjury that the challenger has 8
394	394	a good faith factual basis to believe that the in-9
395	395	dividual who is the subject of the challenge is 10
396	396	ineligible to register to vote or vote in that elec-11
397	397	tion, except a challenge that is based on the 12
398	398	race, color, ethnicity, national origin, or mem-13
399	399	bership in a language minority group (as de-14
400	400	fined in section 14 of the Voting Rights Act of 15
401	401	1965 (52 U.S.C. 10310)) of the individual who 16
402	402	is the subject of the challenge may not be con-17
403	403	sidered to have a good faith factual basis for 18
404	404	purposes of this paragraph. 19
405	405	‘‘(2) P
406	406	ROHIBITION ON CHALLENGES ON OR 20
407	407	NEAR DATE OF ELECTION .—No person, other than 21
408	408	a State or local election official, shall be permitted— 22
409	409	‘‘(A) to challenge an individual’s eligibility 23
410	410	to vote in an election for Federal office on the 24
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414	414	date of the election on grounds that could have 1
415	415	been made in advance of such date; or 2
416	416	‘‘(B) to challenge an individual’s eligibility 3
417	417	to register to vote in an election for Federal of-4
418	418	fice or to vote in an election for Federal office 5
419	419	less than 10 days before the election unless the 6
420	420	individual registered to vote less than 20 days 7
421	421	before the election. 8
422	422	‘‘(b) E
423	423	FFECTIVEDATE.—This section shall apply 9
424	424	with respect to elections for Federal office occurring on 10
425	425	and after January 1, 2024.’’. 11
426	426	(b) C
427	427	ONFORMINGAMENDMENT RELATING TOEN-12
428	428	FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 13
429	429	is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 14
430	430	303A’’. 15
431	431	(c) C
432	432	LERICALAMENDMENT.—The table of contents 16
433	433	of such Act is amended by inserting after the item relating 17
434	434	to section 303 the following: 18
435	435	‘‘Sec. 303A. Voter protection requirements.’’.
436	436	Æ
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