,,ii #aafth ,,congress #ast ,session ,s4 #bfci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ag1 #bjai ,mr4 ,udall 7for himself1 ,mr4 ,van ,hollen1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,markey1 ,mr4 ,whitehouse1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to restore integrity to ,america's ,elections4 #a4 ,short title ,this ,act may be cited as the ,restoring ,integrity to ,america's ,elections ,act4 #b4 ,membership of ,federal ,election ,commission 7a7 ,reduction in ,number of ,members2 ,removal of ,secretary of ,senate and ,clerk of ,house as ,ex ,officio ,members 7#a7 ,in general2 quorum ,section #cjf7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#a77 is amended by striking the second and third sentences and inserting the following3 ,the ,commission is composed of #e members appointed by the ,president by and with the advice and consent of the ,senate1 of whom no more than #b may be affiliated with the same political party4 ,a member shall be treated as affiliated with a political party if the member was affiliated1 including as a registered voter1 employee1 consultant1 donor1 officer1 or attorney1 with such political party or any of its candidates or elected public officials at any time during the #e-year period ending on the date on which such individual is nominated to be a member of the ,commission4 ,a majority of the number of members of the ,commission who are serving at the time shall constitute a quorum1 except that #c members shall constitute a quorum if there are #d members serving at the time44 7#b7 ,conforming amendments relating to reduction in number of members 7,a7 ,the second sentence of section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking affirmative vote of #d members of the ,commission and inserting affirmative vote of a majority of the members of the ,commission who are serving at the time4 7,b7 ,such ,act is further amended by striking affirmative vote of #d of its members and inserting affirmative vote of a majority of the members of the ,commission who are serving at the time each place it appears in the following sections3 7i7 ,section #cji7;a77#b7 7#eb ,u4,s4,c4 #cjaji7;a77#b774 7ii7 ,section #cji7;a77#d77;,a77i7 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,a77i774 7iii7 ,section #cji7;a77#e77;,c7 7#eb ,u4,s4,c4 #cjaji7;a77#e77;,c774 7iv7 ,section #cji7;a77#f77;,a7 7#eb ,u4,s4,c4 #cjaji7;a77#f77;,a774 7v7 ,section #caa7;b7 7#eb ,u4,s4,c4 #cjaaa7;b774 7#c7 ,conforming amendment relating to removal of ex officio members ,section #cjf7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77 is amended by striking 7other than the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives7 each place it appears in paragraphs 7#d7 and 7#e74 7b7 ,terms of ,service ,section #cjf7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#b77 is amended to read as follows3 7#b7 ,terms of service 7,a7 ,in general ,each member of the ,commission shall serve for a single term of #f years4 7,b7 ,special rule for initial appointments ,of the members first appointed to serve terms that begin in ,january #bjbb1 the ,president shall designate #b to serve for a #c-year term4 7,c7 ,no reappointment permitted ,an individual who served a term as a member of the ,commission may not serve for an additional term1 except that-- 7i7 an individual who served a #c-year term under subparagraph 7,b7 may also be appointed to serve a #f-year term under subparagraph 7,a72 and 7ii7 for purposes of this subparagraph1 an individual who is appointed to fill a vacancy under subparagraph 7,d7 shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than #ej percent of the period of the term4 7,d7 ,vacancies ,any vacancy occurring in the membership of the ,commission shall be filled in the same manner as in the case of the original appointment4 ,except as provided in subparagraph 7,c71 an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds4 7,e7 ,limitation on service after expiration of term ,a member of the ,commission may continue to serve on the ,commission after the expiration of the member's term for an additional period1 but only until the earlier of-- 7i7 the date on which the member's successor has taken office as a member of the ,commission2 or 7ii7 the expiration of the #a-year period that begins on the last day of the member's term4 4 7c7 ,qualifications ,section #cjf7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#c77 is amended to read as follows3 7#c7 ,qualifications 7,a7 ,in general ,the ,president may select an individual for service as a member of the ,commission if the individual has experience in election law and has a demonstrated record of integrity1 impartiality1 and good judgment4 7,b7 ,assistance of ,blue ,ribbon ,advisory ,panel 7i7 ,in general ,prior to the regularly scheduled expiration of the term of a member of the ,commission and upon the occurrence of a vacancy in the membership of the ,commission prior to the expiration of a term1 the ,president shall convene a ,blue ,ribbon ,advisory ,panel1 that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the ,president from retired ,federal judges1 former law enforcement officials1 or individuals with experience in election law1 except that the ,president may not select any individual to serve on the panel who holds any public office at the time of selection4 ,the ,president shall also make reasonable efforts to encourage racial1 ethnic1 and gender diversity on the panel4 7ii7 ,recommendations ,with respect to each member of the ,commission whose term is expiring or each vacancy in the membership of the ,commission 7as the case may be71 the ,blue ,ribbon ,advisory ,panel shall recommend to the ,president at least one but not more than #c individuals for nomination for appointment as a member of the ,commission4 7iii7 ,publication ,at the time the ,president submits to the ,senate the nominations for individuals to be appointed as members of the ,commission1 the ,president shall publish the ,blue ,ribbon ,advisory ,panel's recommendations for such nominations4 7iv7 ,exemption from ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to a ,blue ,ribbon ,advisory ,panel convened under this subparagraph4 7,c7 ,prohibiting engagement with other business or employment during service ,a member of the ,commission shall not engage in any other business1 vocation1 or employment4 ,any individual who is engaging in any other business1 vocation1 or employment at the time of his or her appointment to the ,commission shall terminate or liquidate such activity no later than #ij days after such appointment4 4 #c4 ,assignment of powers to ,chair of ,federal ,election ,commission 7a7 ,appointment of ,chair by ,president 7#a7 ,in general ,section #cjf7;a77#e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#e77 is amended to read as follows3 7#e7 ,chair 7,a7 ,initial appointment ,of the members first appointed to serve terms that begin in ,january #bjbb1 one such member 7as designated by the ,president at the time the ,president submits nominations to the ,senate7 shall serve as ,chair of the ,commission4 7,b7 ,subsequent appointments ,any individual who is appointed to succeed the member who serves as ,chair of the ,commission for the term beginning in ,january #bjbb 7as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as ,chair7 shall serve as ,chair of the ,commission4 7,c7 ,vice ,chair ,the ,commission shall select1 by majority vote of its members1 one of its members to serve as ,vice ,chair1 who shall act as ,chair in the absence or disability of the ,chair or in the event of a vacancy in the position of ,chair4 4 7#b7 ,conforming amendment ,section #cji7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#b77 is amended by striking through its chairman or vice chairman and inserting through the ,chair4 7b7 ,powers 7#a7 ,assignment of certain powers to ,chair ,section #cjg7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;a77 is amended to read as follows3 7a7 ,distribution of ,powers ,between ,chair and ,commission 7#a7 ,powers assigned to ,chair 7,a7 ,administrative powers ,the ,chair of the ,commission shall be the chief administrative officer of the ,commission and shall have the authority to administer the ,commission and its staff1 and 7in consultation with the other members of the ,commission7 shall have the power-- 7i7 to appoint and remove the staff director of the ,commission2 7ii7 to request the assistance 7including personnel and facilities7 of other agencies and departments of the ,united ,states1 whose heads may make such assistance available to the ,commission with or without reimbursement2 and 7iii7 to prepare and establish the budget of the ,commission and to make budget requests to the ,president1 the ,director of the ,office of ,management and ,budget1 and ,congress4 7,b7 ,other powers ,the ,chair of the ,commission shall have the power-- 7i7 to appoint and remove the general counsel of the ,commission with the concurrence of at least #b other members of the ,commission2 7ii7 to require by special or general orders1 any person to submit1 under oath1 such written reports and answers to questions as the ,chair may prescribe2 7iii7 to administer oaths or affirmations2 7iv7 to require by subpoena1 signed by the ,chair1 the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties2 7v7 in any proceeding or investigation1 to order testimony to be taken by deposition before any person who is designated by the ,chair1 and shall have the power to administer oaths and1 in such instances1 to compel testimony and the production of evidence in the same manner as authorized under clause 7iv72 and 7vi7 to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7#b7 ,powers assigned to ,commission ,the ,commission shall have the power-- 7,a7 to initiate 7through civil actions for injunctive1 declaratory1 or other appropriate relief71 defend 7in the case of any civil action brought under section #cji7;a77#h7 of this ,act7 or appeal 7including a proceeding before the ,supreme ,court on certiorari7 any civil action in the name of the ,commission to enforce the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aihf1 through its general counsel2 7,b7 to render advisory opinions under section #cjh of this ,act2 7,c7 to develop such prescribed forms and to make1 amend1 and repeal such rules1 pursuant to the provisions of chapter #e of title #e1 ,united ,states ,code1 as are necessary to carry out the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aihf2 7,d7 to conduct investigations and hearings expeditiously1 to encourage voluntary compliance1 and to report apparent violations to the appropriate law enforcement authorities2 and 7,e7 to transmit to the ,president and ,congress not later than ,june #a of each year a report which states in detail the activities of the ,commission in carrying out its duties under this ,act1 and which includes any recommendations for any legislative or other action the ,commission considers appropriate4 7#c7 ,permitting ,commission to exercise other powers of ,chair ,with respect to any investigation1 action1 or proceeding1 the ,commission1 by an affirmative vote of a majority of the members who are serving at the time1 may exercise any of the powers of the ,chair described in paragraph 7#a77;,b74 4 7#b7 ,conforming amendments relating to personnel authority ,section #cjf7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;f77 is amended-- 7,a7 by amending the first sentence of paragraph 7#a7 to read as follows3 ,the ,commission shall have a staff director who shall be appointed by the ,chair of the ,commission in consultation with the other members and a general counsel who shall be appointed by the ,chair with the concurrence of at least two other members42 7,b7 in paragraph 7#b71 by striking ,with the approval of the ,commission and inserting ,with the approval of the ,chair of the ,commission2 and 7,c7 by striking paragraph 7#c74 7#c7 ,conforming amendment relating to budget submission ,section #cjg7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;d77#a77 is amended by striking the ,commission submits any budget and inserting the ,chair 7or1 pursuant to subsection 7a77#c71 the ,commission7 submits any budget4 7#d7 ,other conforming amendments ,section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking ,all decisions and inserting ,subject to section #cjg7;a71 all decisions4 7#e7 ,technical amendment ,the heading of section #cjg of such ,act 7#eb ,u4,s4,c4 #cjajg7 is amended by striking the commission and inserting the chair and the commission4 #d4 ,revision to enforcement process 7a7 ,standard for initiating investigations and determining whether violations have occurred 7#a7 ,revision of standards ,section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 7,a7 ,the general counsel1 upon receiving a complaint filed with the ,commission under paragraph 7#a7 or upon the basis of information ascertained by the ,commission in the normal course of carrying out its supervisory responsibilities1 shall make a determination as to whether or not there is reason to believe that a person has committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and as to whether or not the ,commission should either initiate an investigation of the matter or that the complaint should be dismissed4 ,the general counsel shall promptly provide notification to the ,commission of such determination and the reasons therefore1 together with any written response submitted under paragraph 7#a7 by the person alleged to have committed the violation4 ,upon the expiration of the #cj-;day period which begins on the date the general counsel provides such notification1 the general counsel's determination shall take effect1 unless during such #cj-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 overrules the general counsel's determination4 ,if the determination by the general counsel that the ,commission should investigate the matter takes effect1 or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence1 the general counsel shall initiate an investigation of the matter on behalf of the ,commission4 7,b7 ,if the ,commission initiates an investigation pursuant to subparagraph 7,a71 the ,commission1 through the ,chair1 shall notify the subject of the investigation of the alleged violation4 ,such notification shall set forth the factual basis for such alleged violation4 ,the ,commission shall make an investigation of such alleged violation1 which may include a field investigation or audit1 in accordance with the provisions of this section4 ,the general counsel shall provide notification to the ,commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation4 ,upon the expiration of the #ae-;day period which begins on the date the general counsel provides such notification1 the general counsel may issue the subpoena or conduct the discovery1 unless during such #ae-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 prohibits the general counsel from issuing the subpoena or conducting the discovery4 7#c7 7,a7 ,upon completion of an investigation under paragraph 7#b71 the general counsel shall promptly submit to the ,commission the general counsel's recommendation that the ,commission find either that there is probable cause or that there is not probable cause to believe that a person has committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case4 7,b7 ,at the time the general counsel submits to the ,commission the recommendation under subparagraph 7,a71 the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore1 shall provide the respondent with an opportunity to submit a brief within #cj days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel4 ,the general counsel shall promptly submit such brief to the ,commission upon receipt4 7,c7 ,not later than #cj days after the general counsel submits the recommendation to the ,commission under subparagraph 7,a7 7or1 if the respondent submits a brief under subparagraph 7,b71 not later than #cj days after the general counsel submits the respondent's brief to the ,commission under such subparagraph71 the ,commission shall approve or disapprove the recommendation by vote of a majority of the members of the ,commission who are serving at the time4 4 7#b7 ,conforming amendment relating to ,initial response to filing of complaint ,section #cji7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#a77 is amended-- 7,a7 in the third sentence1 by striking the ,commission and inserting the general counsel2 and 7,b7 by amending the fourth sentence to read as follows3 ,not later than #ae days after receiving notice from the general counsel under the previous sentence1 the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint44 7b7 ,revision of standard for review of dismissal of complaints 7#a7 ,in general ,section #cji7;a77#h7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#h77 is amended to read as follows3 7#h7 7,a7 7i7 ,any party aggrieved by an order of the ,commission dismissing a complaint filed by such party after finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 ,any petition under this subparagraph shall be filed within #fj days after the date on which the party received notice of the dismissal of the complaint4 7ii7 ,in any proceeding under this subparagraph1 the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law4 ,in any matter in which the penalty for the alleged violation is greater than #ej1jjj1 the court should disregard any claim or defense by the ,commission of prosecutorial discretion as a basis for dismissing the complaint4 7,b7 7i7 ,any party who has filed a complaint with the ,commission and who is aggrieved by a failure of the ,commission1 within one year after the filing of the complaint1 to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur1 may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 7ii7 ,in any proceeding under this subparagraph1 the court shall treat the failure to act on the complaint as a dismissal of the complaint1 and shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law4 7,c7 ,in any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law1 and may direct the ,commission to conform with such declaration within #cj days1 failing which the complainant may bring1 in the name of such complainant1 a civil action to remedy the violation involved in the original complaint4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply-- 7,a7 in the case of complaints which are dismissed by the ,federal ,election ,commission1 with respect to complaints which are dismissed on or after the date of the enactment of this ,act2 and 7,b7 in the case of complaints upon which the ,federal ,election ,commission failed to act1 with respect to complaints which were filed on or after the date of the enactment of this ,act4 #e4 ,permitting appearance at hearings on requests for advisory opinions by persons opposing the requests 7a7 ,in general ,section #cjh of such ,act 7#eb ,u4,s4,c4 #cjajh7 is amended by adding at the end the following new subsection3 7e7 ,to the extent that the ,commission provides an opportunity for a person requesting an advisory opinion under this section 7or counsel for such person7 to appear before the ,commission to present testimony in support of the request1 and the person 7or counsel7 accepts such opportunity1 the ,commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection 7d7 in response to the request 7or counsel for such interested party7 to appear before the ,commission to present testimony in response to the request4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to requests for advisory opinions under section #cjh of the ,federal ,election ,campaign ,act of #aiga which are made on or after the date of the enactment of this ,act4 #f4 ,permanent extension of administrative penalty authority 7a7 ,extension of authority ,section #cji7;a77#d77;,c77v7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77v771 as amended by ,public ,law #aae-chf1 is amended by striking 1 and that end on or before ,december #ca1 #bjbc4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,december #ca1 #bjah4 #g4 ,requiring forms to permit use of accent marks 7a7 ,requirement ,section #caa7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaa7;a77#a77 is amended by striking the semicolon at the end and inserting the following3 1 and shall ensure that all such forms 7including forms in an electronic format7 permit the person using the form to include an accent mark as part of the person's identification24 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act4 #h4 ,restrictions on ex parte communications ,section #cjf7;e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;e77 is amended-- 7#a7 by striking 7e7 ,the ,commission and inserting 7e77#a7 ,the ,commission2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,members and employees of the ,commission shall be subject to limitations on ex parte communications1 as provided in the regulations promulgated by the ,commission regarding such communications which are in effect on the date of the enactment of this paragraph4 4 #i4 ,clarifying ,authority of ,,fec ,attorneys to ,represent ,,fec in ,supreme ,court 7a7 ,clarifying authority ,section #cjf7;f77#d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;f77#d77 is amended by striking any action instituted under this ,act1 either 7,a7 by attorneys and inserting any action instituted under this ,act1 including an action before the ,supreme ,court of the ,united ,states1 either 7,a7 by the ,general ,counsel of the ,commission and other attorneys4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to actions instituted before1 on1 or after the date of the enactment of this ,act4 #aj4 ,effective date2 transition 7a7 ,in ,general ,except as otherwise provided1 the amendments made by this ,act shall apply beginning ,january #a1 #bjbb4 7b7 ,transition 7#a7 ,termination of service of current members ,notwithstanding any provision of the ,federal ,election ,campaign ,act of #aiga1 the term of any individual serving as a member of the ,federal ,election ,commission as of ,december #ca1 #bjba1 shall expire on that date4 7#b7 ,no effect on existing cases or proceedings ,nothing in this ,act or in any amendment made by this ,act shall affect any of the powers exercised by the ,federal ,election ,commission prior to ,december #ca1 #bjba1 including any investigation initiated by the ,commission prior to such date or any proceeding 7including any enforcement action7 pending as of such date4