#aagth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,january #ac1 #bjbb ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the bill 7,h4,r4 #egdf7 entitled ,an ,act to amend title #ea1 ,united ,states ,code1 to extend the authority of the ,national ,aeronautics and ,space ,administration to enter into leases of nonexcess property of the ,administration41 with the following ,in lieu of the matter proposed to be inserted by the ,senate amendment1 insert the following3 #a4 ,short title ,this ,act may be cited as the ,freedom to ,vote3 ,john ,r4 ,lewis ,act4 #b4 ,organization of ,act into divisions2 table of contents 7a7 ,divisions ,this ,act is organized into divisions as follows3 7#a7 ,division ,a--,voter ,access4 7#b7 ,division ,b--,election ,integrity4 7#c7 ,division ,c--,civic ,participation and ,empowerment4 7#d7 ,division ,d--,voting ,rights4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,organization of ,act into divisions2 table of contents4 ,sec4 #c4 ,findings of general constitutional authority4 ,sec4 #d4 ,standards for judicial review4 ,sec4 #e4 ,severability4 ,division ,a--,voter ,access ,title ,i--,election ,modernization and ,administration ,sec4 #ajjj4 ,short title2 statement of policy4 ,subtitle ,a--,voter ,registration ,modernization ,sec4 #ajjj;,a4 ,short title4 ,part #a--;,automatic ,voter ,registration ,sec4 #ajja4 ,short title2 findings and purpose4 ,sec4 #ajjb4 ,automatic registration of eligible individuals4 ,sec4 #ajjc4 ,voter protection and security in automatic registration4 ,sec4 #ajjd4 ,payments and grants4 ,sec4 #ajje4 ,miscellaneous provisions4 ,sec4 #ajjf4 ,definitions4 ,sec4 #ajjg4 ,effective date4 ,part #b--;,election ,day as ,legal ,public ,holiday ,sec4 #ajaa4 ,election day as legal public holiday4 ,part #c--,promoting ,internet ,registration ,sec4 #ajba4 ,requiring availability of internet for voter registration4 ,sec4 #ajbb4 ,use of internet to update registration information4 ,sec4 #ajbc4 ,provision of election information by electronic mail to individuals registered to vote4 ,sec4 #ajbd4 ,clarification of requirement regarding necessary information to show eligibility to vote4 ,sec4 #ajbe4 ,prohibiting ,state from requiring applicants to provide more than last #d digits of social security number4 ,sec4 #ajbf4 ,application of rules to certain exempt ,states4 ,sec4 #ajbg4 ,report on data collection relating to online voter registration systems4 ,sec4 #ajbh4 ,permitting voter registration application form to serve as application for absentee ballot4 ,sec4 #ajbi4 ,effective date4 ,part #d--,same ,day ,voter ,registration ,sec4 #ajca4 ,same day registration4 ,sec4 #ajcb4 ,ensuring pre-election registration deadlines are consistent with timing of legal public holidays4 ,part #e--,streamline ,voter ,registration ,information1 ,access1 and ,privacy ,sec4 #ajda4 ,authorizing the dissemination of voter registration information displays following naturalization ceremonies4 ,sec4 #ajdb4 ,inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications4 ,sec4 #ajdc4 ,acceptance of voter registration applications from individuals under #ah years of age4 ,sec4 #ajdd4 ,requiring states to establish and operate voter privacy programs4 ,part #f--;,funding ,support to ,states for ,compliance ,sec4 #ajea4 ,availability of requirements payments under ,,hava to cover costs of compliance with new requirements4 ,subtitle ,b--,access to ,voting for ,individuals ,with ,disabilities ,sec4 #aaja4 ,requirements for ,states to promote access to voter registration and voting for individuals with disabilities4 ,sec4 #aajb4 ,establishment and maintenance of ,state accessible election websites4 ,sec4 #aajc4 ,protections for in-person voting for individuals with disabilities and older individuals4 ,sec4 #aajd4 ,protections for individuals subject to guardianship4 ,sec4 #aaje4 ,expansion and reauthorization of grant program to assure voting access for individuals with disabilities4 ,sec4 #aajf4 ,funding for protection and advocacy systems4 ,sec4 #aajg4 ,pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences4 ,sec4 #aajh4 ,,gao analysis and report on voting access for individuals with disabilities4 ,subtitle ,c--,early ,voting ,sec4 #abja4 ,early voting4 ,subtitle ,d--,voting by ,mail ,sec4 #acja4 ,voting by mail4 ,sec4 #acjb4 ,balloting materials tracking program4 ,sec4 #acjc4 ,election mail and delivery improvements4 ,sec4 #acjd4 ,carriage of election mail4 ,sec4 #acje4 ,requiring ,states to provide secured drop boxes for voted ballots in elections for ,federal office4 ,subtitle ,e--,absent ,uniformed ,services ,voters and ,overseas ,voters ,sec4 #adja4 ,pre-election reports on availability and transmission of absentee ballots4 ,sec4 #adjb4 ,enforcement4 ,sec4 #adjc4 ,transmission requirements2 repeal of waiver provision4 ,sec4 #adjd4 ,use of single absentee ballot application for subsequent elections4 ,sec4 #adje4 ,extending guarantee of residency for voting purposes to family members of absent military personnel4 ,sec4 #adjf4 ,technical clarifications to conform to ,military and ,overseas ,voter ,empowerment ,act amendments related to the ,federal write-in absentee ballot4 ,sec4 #adjg4 ,treatment of post card registration requests4 ,sec4 #adjh4 ,presidential designee report on voter disenfranchisement4 ,sec4 #adji4 ,effective date4 ,subtitle ,f--,enhancement of ,enforcement ,sec4 #aeja4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb4 ,subtitle ,g--,promoting ,voter ,access ,through ,election ,administration ,modernization ,improvements ,part #a--,promoting ,voter ,access ,sec4 #afja4 ,minimum notification requirements for voters affected by polling place changes4 ,sec4 #afjb4 ,applicability to ,commonwealth of the ,northern ,mariana ,islands4 ,sec4 #afjc4 ,elimination of #ad-;day time period between general election and runoff election for ,federal elections in the ,virgin ,islands and ,guam4 ,sec4 #afjd4 ,application of ,federal election administration laws to territories of the ,united ,states4 ,sec4 #afje4 ,application of ,federal voter protection laws to territories of the ,united ,states4 ,sec4 #afjf4 ,ensuring equitable and efficient operation of polling places4 ,sec4 #afjg4 ,prohibiting ,states from restricting curbside voting4 ,part #b--;,improvements in ,operation of ,election ,assistance ,commission ,sec4 #afaa4 ,reauthorization of ,election ,assistance ,commission4 ,sec4 #afab4 ,recommendations to improve operations of ,election ,assistance ,commission4 ,sec4 #afac4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements4 ,part #c--,miscellaneous ,provisions ,sec4 #afba4 ,definition of election for ,federal office4 ,sec4 #afbb4 ,no effect on other laws4 ,sec4 #afbc4 ,clarification of exemption for ,states without voter registration4 ,sec4 #afbd4 ,clarification of exemption for ,states which do not collect telephone information4 ,subtitle ,h--,democracy ,restoration ,sec4 #agja4 ,short title4 ,sec4 #agjb4 ,findings4 ,sec4 #agjc4 ,rights of citizens4 ,sec4 #agjd4 ,enforcement4 ,sec4 #agje4 ,notification of restoration of voting rights4 ,sec4 #agjf4 ,definitions4 ,sec4 #agjg4 ,relation to other laws4 ,sec4 #agjh4 ,federal prison funds4 ,sec4 #agji4 ,effective date4 ,subtitle ,i--,voter ,identification and ,allowable ,alternatives ,sec4 #ahja4 ,requirements for voter identification4 ,subtitle ,j--,voter ,list ,maintenance ,procedures ,part #a--,voter ,caging ,prohibited ,sec4 #aija4 ,voter caging prohibited4 ,part #b--,saving ,eligible ,voters ,from ,voter ,purging ,sec4 #aiaa4 ,conditions for removal of voters from list of registered voters4 ,subtitle ,k--,severability ,sec4 #aiba4 ,severability4 ,division ,b--,election ,integrity ,title ,,ii--,prohibiting ,interference ,with ,voter ,registration ,sec4 #bjja4 ,prohibiting hindering1 interfering with1 or preventing voter registration4 ,sec4 #bjjb4 ,establishment of best practices4 ,title ,,iii--,preventing ,election ,subversion ,subtitle ,a--,restrictions on ,removal of ,election ,administrators ,sec4 #cjja4 ,restrictions on removal of local election administrators in administration of elections for ,federal office4 ,subtitle ,b--,increased ,protections for ,election ,workers ,sec4 #caja4 ,harassment of election workers prohibited4 ,sec4 #cajb4 ,protection of election workers4 ,subtitle ,c--,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation ,sec4 #cbja4 ,short title4 ,sec4 #cbjb4 ,prohibition on deceptive practices in ,federal elections4 ,sec4 #cbjc4 ,corrective action4 ,sec4 #cbjd4 ,reports to ,congress4 ,sec4 #cbje4 ,private rights of action by election officials4 ,sec4 #cbjf4 ,making intimidation of tabulation1 canvass1 and certification efforts a crime4 ,subtitle ,d--,protection of ,election ,records ,election ,infrastructure ,sec4 #ccja4 ,strengthen protections for ,federal election records4 ,sec4 #ccjb4 ,penalties2 inspection2 nondisclosure2 jurisdiction4 ,sec4 #ccjc4 ,judicial review to ensure compliance4 ,subtitle ,e--,judicial ,protection of the ,right to ,vote and ,non-partisan ,vote ,tabulation ,part #a--,right to ,vote ,act ,sec4 #cdja4 ,short title4 ,sec4 #cdjb4 ,undue burdens on the ability to vote in elections for ,federal office prohibited4 ,sec4 #cdjc4 ,judicial review4 ,sec4 #cdjd4 ,definitions4 ,sec4 #cdje4 ,rules of construction4 ,sec4 #cdjf4 ,severability4 ,sec4 #cdjg4 ,effective date4 ,part #b--;,clarifying ,jurisdiction ,over ,election ,disputes ,sec4 #cdaa4 ,findings4 ,sec4 #cdab4 ,clarifying authority of ,united ,states district courts to hear cases4 ,sec4 #cdac4 ,effective date4 ,subtitle ,f--,poll ,worker ,recruitment and ,training ,sec4 #ceja4 ,grants to ,states for poll worker recruitment and training4 ,sec4 #cejb4 ,state defined4 ,subtitle ,g--,preventing ,poll ,observer ,interference ,sec4 #cfja4 ,protections for voters on ,election ,day4 ,subtitle ,h--,preventing ,restrictions on ,food and ,beverages ,sec4 #cgja4 ,short title2 findings4 ,sec4 #cgjb4 ,prohibiting restrictions on donations of food and beverages at polling stations4 ,subtitle ,i--,establishing ,duty to ,report ,foreign ,election ,interference ,sec4 #chja4 ,findings relating to illicit money undermining our democracy4 ,sec4 #chjb4 ,federal campaign reporting of foreign contacts4 ,sec4 #chjc4 ,federal campaign foreign contact reporting compliance system4 ,sec4 #chjd4 ,criminal penalties4 ,sec4 #chje4 ,report to congressional intelligence committees4 ,sec4 #chjf4 ,rule of construction4 ,subtitle ,j--,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verifiable ,permanent ,paper ,ballot ,sec4 #cija4 ,short title4 ,sec4 #cijb4 ,paper ballot and manual counting requirements4 ,sec4 #cijc4 ,accessibility and ballot verification for individuals with disabilities4 ,sec4 #cijd4 ,durability and readability requirements for ballots4 ,sec4 #cije4 ,study and report on optimal ballot design4 ,sec4 #cijf4 ,ballot marking device cybersecurity requirements4 ,sec4 #cijg4 ,effective date for new requirements4 ,sec4 #cijh4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4 ,subtitle ,k--,provisional ,ballots ,sec4 #ciaa4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards4 ,title ,,iv--,voting ,system ,security ,sec4 #djja4 ,post-election audit requirement4 ,sec4 #djjb4 ,election infrastructure designation4 ,sec4 #djjc4 ,guidelines and certification for electronic poll books and remote ballot marking systems4 ,sec4 #djjd4 ,pre-election reports on voting system usage4 ,sec4 #djje4 ,use of voting machines manufactured in the ,united ,states4 ,sec4 #djjf4 ,use of political party headquarters building fund for technology or cybersecurity-related purposes4 ,sec4 #djjg4 ,severability4 ,division ,c--,civic ,participation and ,empowerment ,title ,v--,nonpartisan ,redistricting ,reform ,sec4 #ejja4 ,finding of constitutional authority4 ,sec4 #ejjb4 ,ban on mid-decade redistricting4 ,sec4 #ejjc4 ,criteria for redistricting4 ,sec4 #ejjd4 ,development of plan4 ,sec4 #ejje4 ,failure by ,state to enact plan4 ,sec4 #ejjf4 ,civil enforcement4 ,sec4 #ejjg4 ,no effect on elections for ,state and local office4 ,sec4 #ejjh4 ,effective date4 ,title ,,vi--,campaign ,finance ,transparency ,subtitle ,a--,,disclose ,act ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,findings4 ,part #a--;,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections ,sec4 #fjjc4 ,clarification of application of foreign money ban to certain disbursements and activities4 ,sec4 #fjjd4 ,study and report on illicit foreign money in ,federal elections4 ,sec4 #fjje4 ,prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda4 ,sec4 #fjjf4 ,disbursements and activities subject to foreign money ban4 ,sec4 #fjjg4 ,prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals4 ,part #b--,reporting of ,campaign-,related ,disbursements ,sec4 #fjaa4 ,reporting of campaign-related disbursements4 ,sec4 #fjab4 ,reporting of ,federal judicial nomination disbursements4 ,sec4 #fjac4 ,coordination with ,fin,c,e,n4 ,sec4 #fjad4 ,application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers4 ,sec4 #fjae4 ,effective date4 ,part #c--,other ,administrative ,reforms ,sec4 #fjba4 ,petition for certiorari4 ,sec4 #fjbb4 ,judicial review of actions related to campaign finance laws4 ,sec4 #fjbc4 ,effective date4 ,subtitle ,b--,honest ,ads ,sec4 #faja4 ,short title4 ,sec4 #fajb4 ,purpose4 ,sec4 #fajc4 ,findings4 ,sec4 #fajd4 ,sense of ,congress4 ,sec4 #faje4 ,expansion of definition of public communication4 ,sec4 #fajf4 ,expansion of definition of electioneering communication4 ,sec4 #fajg4 ,application of disclaimer statements to online communications4 ,sec4 #fajh4 ,political record requirements for online platforms4 ,sec4 #faji4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising4 ,sec4 #faaj4 ,requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared4 ,subtitle ,c--,spotlight ,act ,sec4 #fbja4 ,short title4 ,sec4 #fbjb4 ,inclusion of contributor information on annual returns of certain organizations4 ,title ,,vii--,campaign ,finance ,oversight ,subtitle ,a--,stopping ,super ,,pac-,candidate ,coordination ,sec4 #gjja4 ,short title4 ,sec4 #gjjb4 ,clarification of treatment of coordinated expenditures as contributions to candidates4 ,subtitle ,b--,restoring ,integrity to ,america's ,elections ,sec4 #gaja4 ,short title4 ,sec4 #gajb4 ,revision to enforcement process4 ,sec4 #gajc4 ,official exercising the responsibilities of the general counsel4 ,sec4 #gajd4 ,permitting appearance at hearings on requests for advisory opinions by persons opposing the requests4 ,sec4 #gaje4 ,permanent extension of administrative penalty authority4 ,sec4 #gajf4 ,restrictions on ex parte communications4 ,sec4 #gajg4 ,clarifying authority of ,,fec attorneys to represent ,,fec in ,supreme ,court4 ,sec4 #gajh4 ,requiring forms to permit use of accent marks4 ,sec4 #gaji4 ,extension of the statutes of limitations for offenses under the ,federal ,election ,campaign ,act of #aiga4 ,sec4 #gaaj4 ,effective date2 transition4 ,subtitle ,c--,imposition of ,fee for ,reports ,filed by ,paper ,sec4 #gbja4 ,imposition of fee for reports filed by paper4 ,title ,,viii--,citizen ,empowerment ,subtitle ,a--,funding to ,promote ,democracy ,part #a--,payments and ,allocations to ,states ,sec4 #hjja4 ,democracy ,advancement and ,innovation ,program4 ,sec4 #hjjb4 ,state plan4 ,sec4 #hjjc4 ,prohibiting reduction in access to participation in elections4 ,sec4 #hjjd4 ,amount of ,state allocation4 ,sec4 #hjje4 ,procedures for disbursements of payments and allocations4 ,sec4 #hjjf4 ,office of ,democracy ,advancement and ,innovation4 ,part #b--,state ,election ,assistance and ,innovation ,trust ,fund ,sec4 #hjaa4 ,state ,election ,assistance and ,innovation ,trust ,fund4 ,sec4 #hjab4 ,uses of ,fund4 ,sec4 #hjac4 ,assessments against fines and penalties4 ,part #c--;,general ,provisions ,sec4 #hjba4 ,definitions4 ,sec4 #hjbb4 ,rule of construction regarding calculation of deadlines4 ,subtitle ,b--,elections for ,house of ,representatives ,sec4 #haja4 ,short title4 ,part #a--,optional ,democracy ,credit ,program ,sec4 #hajb4 ,establishment of program4 ,sec4 #hajc4 ,credit program described4 ,sec4 #hajd4 ,reports4 ,sec4 #haje4 ,election cycle defined4 ,part #b--,optional ,small ,dollar ,financing of ,elections for ,house of ,representatives ,sec4 #haaa4 ,benefits and eligibility requirements for candidates4 ,sec4 #haab4 ,contributions and expenditures by multicandidate and political party committees on behalf of participating candidates4 ,sec4 #haac4 ,prohibiting use of contributions by participating candidates for purposes other than campaign for election4 ,sec4 #haad4 ,deadline for regulations4 ,subtitle ,c--,personal ,use ,services as ,authorized ,campaign ,expenditures ,sec4 #hbja4 ,short title2 findings2 purpose4 ,sec4 #hbjb4 ,treatment of payments for child care and other personal use services as authorized campaign expenditure4 ,subtitle ,d--,empowering ,small ,dollar ,donations ,sec4 #hcja4 ,permitting political party committees to provide enhanced support for ,house candidates through use of separate small dollar accounts4 ,subtitle ,e--,severability ,sec4 #hdja4 ,severability4 ,division ,d--,,voting ,,rights ,title ,,ix--,,voting ,,rights ,sec4 #ijjj4 ,short title4 ,subtitle ,a--,amendments to the ,voting ,rights ,act ,sec4 #ijja4 ,vote dilution1 denial1 and abridgment claims4 ,sec4 #ijjb4 ,retrogression4 ,sec4 #ijjc4 ,violations triggering authority of court to retain jurisdiction4 ,sec4 #ijjd4 ,criteria for coverage of ,states and political subdivisions4 ,sec4 #ijje4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices4 ,sec4 #ijjf4 ,promoting transparency to enforce the ,voting ,rights ,act4 ,sec4 #ijjg4 ,authority to assign observers4 ,sec4 #ijjh4 ,clarification of authority to seek relief4 ,sec4 #ijji4 ,preventive relief4 ,sec4 #ijaj4 ,bilingual election requirements4 ,sec4 #ijaa4 ,relief for violations of voting rights laws4 ,sec4 #ijab4 ,protection of tabulated votes4 ,sec4 #ijac4 ,enforcement of ,voting ,rights by ,attorney ,general4 ,sec4 #ijad4 ,definitions4 ,sec4 #ijae4 ,attorneys' fees4 ,sec4 #ijaf4 ,other technical and conforming amendments4 ,sec4 #ijag4 ,severability4 ,sec4 #ijah4 ,grants to assist with notice requirements under the ,voting ,rights ,act of #aife4 ,subtitle ,b--,election ,worker and ,polling ,place ,protection ,sec4 #iaja4 ,short title4 ,sec4 #iajb4 ,election worker and polling place protection4 ,subtitle ,c--,native ,american ,voting ,rights ,act ,sec4 #ibja4 ,short title4 ,sec4 #ibjb4 ,findings and purposes4 ,sec4 #ibjc4 ,definitions4 ,sec4 #ibjd4 ,establishment of a ,native ,american voting task force grant program4 ,sec4 #ibje4 ,voter registration sites at ,indian service providers and on ,indian lands4 ,sec4 #ibjf4 ,accessible ,tribal designated polling sites4 ,sec4 #ibjg4 ,procedures for removal of polling places and voter registration sites on ,indian lands4 ,sec4 #ibjh4 ,tribal voter identification4 ,sec4 #ibji4 ,permitting voters ,to designate other person to return ballot4 ,sec4 #ibaj4 ,bilingual election requirements4 ,sec4 #ibaa4 ,federal observers to protect ,tribal voting rights4 ,sec4 #ibab4 ,tribal jurisdiction4 ,sec4 #ibac4 ,tribal voting consultation4 ,sec4 #ibad4 ,attorneys' fees1 expert fees1 and litigation expenses4 ,sec4 #ibae4 ,,gao study and report4 ,sec4 #ibaf4 ,united ,states ,postal ,service consultation4 ,sec4 #ibag4 ,severability2 relationship to other laws2 ,tribal sovereign immunity4 ,sec4 #ibah4 ,authorization of appropriations4 #c4 ,findings of general constitutional authority ,congress finds that the ,constitution of the ,united ,states grants explicit and broad authority to protect the right to vote1 to regulate elections for ,federal office1 to prevent and remedy discrimination in voting1 and to defend the ,nation's democratic process4 ,congress enacts the ,freedom to ,vote3 ,john ,r4 ,lewis ,act pursuant to this broad authority1 including but not limited to the following3 7#a7 ,congress finds that it has broad authority to regulate the time1 place1 and manner of congressional elections under the ,elections ,clause of the ,constitution1 article ,i1 section #d1 clause #a4 ,the ,supreme ,court has affirmed that the substantive scope of the ,elections ,clause is broad2 that ,times1 ,places1 and ,manner are comprehensive words which embrace authority to provide for a complete code for congressional elections2 and the power of ,congress over the ,times1 ,places and ,manner of congressional elections is paramount1 and may be exercised at any time1 and to any extent which it deems expedient2 and so far as it is exercised1 and no farther1 the regulations effected supersede those of the ,state which are inconsistent therewith4 ,arizona v4 ,inter ,tribal ,council of ,arizona1 #egj ,u4,s4 #a1 #h-i 7#bjac7 7internal quotation marks and citations omitted74 ,indeed1 ,congress has plenary and paramount jurisdiction over the whole subject of congressional elections1 ,ex parte ,siebold1 #ajj ,u4,s4 7#aj ,otto7 #cga1 #chh 7#ahgi71 and this power may be exercised as and when ,congress sees fit1 and so far as it extends and conflicts with the regulations of the ,state1 necessarily supersedes them4 ,id4 at #chd4 ,among other things1 ,congress finds that the ,elections ,clause was intended to vindicate the people's right to equality of representation in the ,house4 ,wesberry v4 ,sanders1 #cgf ,u4,s4 #a1 #af 7#aifd71 and to address partisan gerrymandering1 ,rucho v4 ,common ,cause1 #aci ,s4 ,ct4 #bdhd 7#bjai74 7#b7 ,congress also finds that it has both the authority and responsibility1 as the legislative body for the ,united ,states1 to fulfill the promise of article ,,iv1 section #d1 of the ,constitution1 which states3 ,the ,united ,states shall guarantee to every ,state in this ,union a ,republican ,form of ,government44 ,congress finds that its authority and responsibility to enforce the ,guarantee ,clause is clear given that ,federal courts have not enforced this clause because they understood that its enforcement is committed to ,congress by the ,constitution4 7#c7 7,a7 ,congress also finds that it has broad authority pursuant to section #e of the ,fourteenth ,amendment to legislate to enforce the provisions of the ,fourteenth ,amendment1 including its protections of the right to vote and the democratic process4 7,b7 ,section #a of the ,fourteenth ,amendment protects the fundamental right to vote1 which is of the most fundamental significance under our constitutional structure4 ,ill4 ,bd4 of ,election v4 ,socialist ,workers ,party1 #ddj ,u4,s4 #agc1 #ahd 7#aigi72 see ,united ,states v4 ,classic1 #cac ,u4,s4 #bii 7#aida7 7,obviously included within the right to choose1 secured by the ,constitution1 is the right of qualified voters within a ,state to cast their ballots and have them counted 4 4 474 ,as the ,supreme ,court has repeatedly affirmed1 the right to vote is preservative of all rights1 ,yick ,wo v4 ,hopkins1 #aah ,u4,s4 #cef1 #cgj 7#ahhf74 ,section #b of the ,fourteenth ,amendment also protects the right to vote1 granting ,congress additional authority to reduce a ,state's representation in ,congress when the right to vote is abridged or denied4 7,c7 ,as a result1 ,congress finds that it has the authority pursuant to section #e of the ,fourteenth ,amendment to protect the right to vote4 ,congress also finds that ,states and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements1 burdensome voter registration procedures1 voter purges1 limited and unequal access to voting by mail1 polling place closures1 unequal distribution of election resources1 and other impediments4 7,d7 ,congress also finds that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise4 ,reynolds v4 ,sims1 #cgg ,u4,s4 #ecc1 #eee 7#aifd74 ,congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts4 ,congress finds that it has authority pursuant to section #e of the ,fourteenth ,amendment to remedy this debasement4 7#d7 7,a7 ,congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section #e of the ,fourteenth ,amendment1 which grants equal protection of the laws1 and section #b of the ,fifteenth ,amendment1 which explicitly bars denial or abridgment of the right to vote on account of race1 color1 or previous condition of servitude4 7,b7 ,congress finds that racial discrimination in access to voting and the political process persists4 ,voting restrictions1 redistricting1 and other electoral practices and processes continue to disproportionately impact communities of color in the ,united ,states and do so as a result of both intentional racial discrimination1 structural racism1 and the ongoing structural socioeconomic effects of historical racial discrimination4 7,c7 ,recent elections and studies have shown that minority communities wait longer in lines to vote1 are more likely to have their mail ballots rejected1 continue to face intimidation at the polls1 are more likely to be disenfranchised by voter purges1 and are disproportionately burdened by excessively onerous voter identification and other voter restrictions4 ,research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts4 7,d7 ,congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark4 ,in #bjbj1 according to the ,sentencing ,project1 an estimated #e1bjj1jjj ,americans could not vote due to a felony conviction4 ,one in #af ,african ,americans of voting age is disenfranchised1 a rate #c4g times greater than that of non-,african ,americans4 ,in seven ,states--,alabama1 ,florida1 ,kentucky1 ,mississippi1 ,tennessee1 ,virginia1 and ,wyoming--more than one in seven ,african ,americans is disenfranchised1 twice the national average for ,african ,americans4 ,congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the ,jim ,crow era4 ,congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression1 structural racism in the criminal justice system1 and ongoing effects of historical discrimination4 7#e7 7,a7 ,congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex1 age1 or ability to pay a poll tax or other tax pursuant to the ,nineteenth1 ,twenty-,fourth1 and ,twenty-,sixth ,amendments4 7,b7 ,congress finds that electoral practices including voting rights restoration conditions for people with convictions and other restrictions to the franchise burden voters on account of their ability to pay4 7,c7 ,congress further finds that electoral practices including voting restrictions related to college campuses1 age restrictions on mail voting1 and similar practices burden the right to vote on account of age4 #d4 ,standards for judicial review 7a7 ,in general ,for any action brought for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality or lawfulness of any provision of this ,act or any amendment made by this ,act or any rule or regulation promulgated under this ,act1 the following rules shall apply3 7#a7 ,the action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia and an appeal from the decision of the district court may be taken to the ,court of ,appeals for the ,district of ,columbia ,circuit4 ,these courts1 and the ,supreme ,court of the ,united ,states on a writ of certiorari 7if such writ is issued71 shall have exclusive jurisdiction to hear such actions4 7#b7 ,the party filing the action shall concurrently deliver a copy the complaint to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate4 7#c7 ,it shall be the duty of the ,united ,states ,district ,court for the ,district of ,columbia and the ,court of ,appeals for the ,district of ,columbia ,circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal4 7b7 ,clarifying scope of jurisdiction ,if an action at the time of its commencement is not subject to subsection 7a71 but an amendment1 counterclaim1 cross-claim1 affirmative defense1 or any other pleading or motion is filed challenging1 whether facially or as-applied1 the constitutionality or lawfulness of this ,act or any amendment made by this ,act or any rule or regulation promulgated under this ,act1 the district court shall transfer the action to the ,district ,court for the ,district of ,columbia1 and the action shall thereafter be conducted pursuant to subsection 7a74 7c7 ,intervention by ,members of ,congress ,in any action described in subsection 7a71 any ,member of the ,house of ,representatives 7including a ,delegate or ,resident ,commissioner to the ,congress7 or ,senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision4 ,to avoid duplication of efforts and reduce the burdens placed on the parties to the action1 the court in any such action may make such orders as it considers necessary1 including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument4 #e4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of any such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4 ,a ,voter ,access ,i ,election ,modernization and ,administration #ajjj4 ,short title2 statement of policy 7a7 ,short title ,this title may be cited as the ,voter ,empowerment ,act of #bjba4 7b7 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 the ability of all eligible citizens of the ,united ,states to access and exercise their constitutional right to vote in a free1 fair1 and timely manner must be vigilantly enhanced1 protected1 and maintained2 and 7#b7 the integrity1 security1 and accountability of the voting process must be vigilantly protected1 maintained1 and enhanced in order to protect and preserve electoral and participatory democracy in the ,united ,states4 ,a ,voter ,registration ,modernization #ajjj;,a4 ,short title ,this subtitle may be cited as the ,voter ,registration ,modernization ,act of #bjba4 #a ,automatic ,voter ,registration #ajja4 ,short title2 findings and purpose 7a7 ,short title ,this part may be cited as the ,automatic ,voter ,registration ,act of #bjba4 7b7 ,findings and purpose 7#a7 ,findings ,congress finds that-- 7,a7 the right to vote is a fundamental right of citizens of the ,united ,states2 7,b7 it is the responsibility of the ,state and ,federal ,governments to ensure that every eligible citizen is registered to vote2 7,c7 existing voter registration systems can be inaccurate1 costly1 inaccessible and confusing1 with damaging effects on voter participation in elections for ,federal office and disproportionate impacts on young people1 persons with disabilities1 and racial and ethnic minorities2 and 7,d7 voter registration systems must be updated with #bast ,century technologies and procedures to maintain their security4 7#b7 ,purpose ,it is the purpose of this part-- 7,a7 to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for ,federal office2 7,b7 to enable the ,state ,governments to register all eligible citizens to vote with accurate1 cost-efficient1 and up-to-date procedures2 7,c7 to modernize voter registration and list maintenance procedures with electronic and internet capabilities2 and 7,d7 to protect and enhance the integrity1 accuracy1 efficiency1 and accessibility of the electoral process for all eligible citizens4 #ajjb4 ,automatic registration of eligible individuals 7a7 ,in general ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejd7 is amended by inserting after section #e the following new section3 #e;,a4 ,automatic registration by ,state motor vehicle authority 7a7 ,definitions ,in this section-- 7#a7 ,applicable agency ,the term applicable agency means1 with respect to a ,state1 the ,state motor vehicle authority responsible for motor vehicle driver's licenses under ,state law4 7#b7 ,applicable transaction ,the term applicable transaction means-- 7,a7 an application to an applicable agency for a motor vehicle driver's license2 and 7,b7 any other service or assistance 7including for a change of address7 provided by an applicable agency4 7#c7 ,automatic registration ,the term automatic registration means a system that registers an individual to vote and updates existing registrations1 in elections for ,federal office in a ,state1 if eligible1 by electronically transferring the information necessary for registration from the applicable agency to election officials of the ,state so that1 unless the individual affirmatively declines to be registered or to update any voter registration1 the individual will be registered to vote in such elections4 7#d7 ,eligible individual ,the term eligible individual means1 with respect to an election for ,federal office1 an individual who is otherwise qualified to vote in that election4 7#e7 ,register to vote ,the term register to vote includes updating an individual's existing voter registration4 7b7 ,establishment 7#a7 ,in general ,the chief ,state election official of each ,state shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for ,federal office in the ,state1 in accordance with the provisions of this section4 7#b7 ,registration of voters based on new agency records 7,a7 ,in general ,the chief ,state election official shall-- 7i7 subject to subparagraph 7,b71 ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote-- 7,i7 in the next upcoming election for ,federal office 7and subsequent elections for ,federal office71 if an applicable agency transmits information under subsection 7c77#a77;,e7 with respect to the individual not later than the applicable date2 and 7,,ii7 in subsequent elections for ,federal office1 if an applicable agency transmits such information with respect to such individual after the applicable date2 and 7ii7 not later than #fj days after the receipt of such information with respect to an individual1 send written notice to the individual1 in addition to other means of notice established by this part1 of the individual's voter registration status4 7,b7 ,applicable date ,for purposes of this subsection1 the term 8applicable date0 means1 with respect to any election for ,federal office1 the later of-- 7i7 the date that is #bh days before the date of the election2 or 7ii7 the last day of the period provided by ,state law for registration with respect to such election4 7,c7 ,clarification ,nothing in this subsection shall prevent the chief ,state election official from registering an eligible individual to vote for the next upcoming election for ,federal office in the ,state even if an applicable agency transmits information under subsection 7c77#a77;,e7 with respect to the individual after the applicable date4 7#c7 ,treatment of individuals under #ah years of age ,a ,state may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than #ah years of age at the time an applicable agency receives information with respect to the individual1 so long as the individual is at least #af years of age at such time4 ,nothing in the previous sentence may be construed to require a ,state to permit an individual who is under #ah years of age at the time of an election for ,federal office to vote in the election4 7c7 ,applicable agency responsibilities 7#a7 ,instructions on automatic registration for agencies collecting citizenship information 7,a7 ,in general ,except as otherwise provided in this section1 in the case of any applicable transaction for which an applicable agency 7in the normal course of its operations7 requests individuals to affirm ,united ,states citizenship 7either directly or as part of the overall application for service or assistance or enrollment71 the applicable agency shall inform each such individual who is a citizen of the ,united ,states of the following3 7i7 ,unless that individual declines to register to vote1 or is found ineligible to vote1 the individual will be registered to vote or1 if applicable1 the individual's registration will be updated4 7ii7 ,the substantive qualifications of an elector in the ,state as listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i1 the consequences of false registration1 and how the individual should decline to register if the individual does not meet all those qualifications4 7iii7 ,in the case of a ,state in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for ,federal office1 the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election4 7iv7 ,voter registration is voluntary1 and neither registering nor declining to register to vote will in any way affect the availability of services or benefits1 nor be used for other purposes4 7,b7 ,individuals with limited ,english proficiency ,in the case where the individual is a member of a group that constitutes #c percent or more of the overall population within the ,state served by the applicable agency as measured by the ,united ,states ,census and are limited ,english proficient1 the information described in clauses 7i7 through 7iv7 of subparagraph 7,a7 shall be provided in a language understood by the individual4 7,c7 ,clarification on procedures for ineligible voters ,an applicable agency shall not provide an individual who did not affirm ,united ,states citizenship1 or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a ,united ,state citizen1 the opportunity to register to vote under subparagraph 7,a74 7,d7 ,opportunity to decline registration required ,except as otherwise provided in this section1 each applicable agency shall ensure that each applicable transaction described in subparagraph 7,a7 with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote4 ,in the case where the individual is a member of a group that constitutes #c percent or more of the overall population within the ,state served by the applicable agency as measured by the ,united ,states ,census and are limited ,english proficient1 such opportunity shall be given in a language understood by the individual4 7,e7 ,information transmittal ,not later than #aj days after an applicable transaction with an eligible individual1 if the individual did not decline to be registered to vote1 the applicable agency shall electronically transmit to the appropriate ,state election official the following information with respect to the individual3 7i7 ,the individual's given name7s7 and surname7s74 7ii7 ,the individual's date of birth4 7iii7 ,the individual's residential address4 7iv7 ,information showing that the individual is a citizen of the ,united ,states4 7v7 ,the date on which information pertaining to that individual was collected or last updated4 7vi7 ,if available1 the individual's signature in electronic form4 7vii7 ,in the case of a ,state in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for ,federal office1 information regarding the individual's affiliation or enrollment with a political party1 but only if the individual provides such information4 7viii7 ,any additional information listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i of the ,national ,voter ,registration ,act of #aiic1 including any valid driver's license number or the last #d digits of the individual's social security number1 if the individual provided such information4 7,f7 ,provision of information regarding participation in primary elections ,in the case of a ,state in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for ,federal office1 if the information transmitted under paragraph 7,e7 with respect to an individual does not include information regarding the individual's affiliation or enrollment with a political party1 the chief ,state election official shall-- 7i7 notify the individual that such affiliation or enrollment is required to participate in primary elections2 and 7ii7 provide an opportunity for the individual to update their registration with a party affiliation or enrollment4 7,g7 ,clarification ,nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph 7,e7 for an individual who is ineligible to vote in elections for ,federal office in the ,state1 except to the extent required to pre-register citizens between #af and #ah years of age4 7#b7 ,alternate procedure for certain other applicable agencies ,with each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm ,united ,states citizenship 7either directly or as part of the overall application for service or assistance71 the applicable agency shall-- 7,a7 complete the requirements of section #e2 7,b7 ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for ,federal office held in the ,state2 and 7,c7 for each individual who wishes to register to vote1 transmit that individual's information in accordance with subsection 7c77#a77;,e71 unless the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a ,united ,states citizen4 7#c7 ,required availability of automatic registration opportunity with each application for service or assistance ,each applicable agency shall offer each eligible individual1 with each applicable transaction1 the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity4 7d7 ,voter protection 7#a7 ,applicable agencies' protection of information ,nothing in this section authorizes an applicable agency to collect1 retain1 transmit1 or publicly disclose any of the following1 except as necessary to comply with title ,,iii of the ,civil ,rights ,act of #aifj 7#eb ,u4,s4,c4 #bjgja et seq473 7,a7 ,an individual's decision to decline to register to vote or not to register to vote4 7,b7 ,an individual's decision not to affirm his or her citizenship4 7,c7 ,any information that an applicable agency transmits pursuant to subsection 7c77#a77;,e71 except in pursuing the agency's ordinary course of business4 7#b7 ,election officials' protection of information 7,a7 ,public disclosure prohibited 7i7 ,in general ,subject to clause 7ii71 with respect to any individual for whom any ,state election official receives information from an applicable agency1 the ,state election officials shall not publicly disclose any of the following3 7,i7 ,any information not necessary to voter registration4 7,,ii7 ,any voter information otherwise shielded from disclosure under ,state law or section #h7;a74 7,,iii7 ,any portion of the individual's social security number4 7,,iv7 ,any portion of the individual's motor vehicle driver's license number4 7,v7 ,the individual's signature4 7,,vi7 ,the individual's telephone number4 7,,vii7 ,the individual's email address4 7ii7 ,special rule for individuals registered to vote ,the prohibition on public disclosure in clause 7i7 shall not apply with respect to the telephone number or email address of any individual for whom any ,state election official receives information from the applicable agency and who1 on the basis of such information1 is registered to vote in the ,state under this section4 7e7 ,miscellaneous provisions 7#a7 ,accessibility of registration services ,each applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals4 7#b7 ,transmission through secure third party permitted ,nothing in this section or in the ,automatic ,voter ,registration ,act of #bjba shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section1 so long as the data transmittal complies with the applicable requirements of this section and such ,act1 including provisions relating privacy and security4 7#c7 ,nonpartisan1 nondiscriminatory provision of services ,the services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs 7#d71 7#e71 and 7#f77;,c7 of section #g7;a74 7#d7 ,notices ,each ,state may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials4 ,all notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual4 7#e7 ,registration at other ,state offices permitted ,nothing in this section may be construed to prohibit a ,state from offering voter registration services described in this section at offices of the ,state other than the ,state motor vehicle authority4 7f7 ,applicability 7#a7 ,in general ,this section shall not apply to an exempt ,state4 7#b7 ,exempt ,state defined ,the term exempt ,state means a ,state which1 under law which is in effect continuously on and after the date of the enactment of this section1 either-- 7,a7 has no voter registration requirement for any voter in the ,state with respect to a ,federal election2 or 7,b7 operates a system of automatic registration 7as defined in section #ajjb7;a77#b77 at the motor vehicle authority of the ,state or a ,permanent ,dividend ,fund of the ,state under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction4 4 7b7 ,conforming amendments 7#a7 ,section #d7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejc7;a77#a77 is amended by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively1 and by inserting after paragraph 7#a7 the following new paragraph3 7#b7 by application made simultaneously with an application for a motor vehicle driver's license pursuant to section #e;,a24 4 7#b7 ,section #d7;b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejc7;b77 is amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,b7 by striking ,states4--,this ,act and inserting 8,states4-- 7#a7 ,in general ,except as provided in paragraph 7#b71 this ,act 2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,application of automatic registration requirements ,section #e;,a shall apply to a ,state described in paragraph 7#a71 unless the ,state is an exempt ,state as defined in subsection 7f77#b7 of such section4 4 7#c7 ,section #h7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77#a77 is amended by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively1 and by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 in the case of registration under section #e;,a1 within the period provided in section #e;,a7b77#b72 4 #ajjc4 ,voter protection and security in automatic registration 7a7 ,protections for errors in registration ,an individual shall not be prosecuted under any ,federal or ,state law1 adversely affected in any civil adjudication concerning immigration status or naturalization1 or subject to an allegation in any legal proceeding that the individual is not a citizen of the ,united ,states on any of the following grounds3 7#a7 ,the individual notified an election office of the individual's automatic registration to vote4 7#b7 ,the individual is not eligible to vote in elections for ,federal office but was registered to vote due to individual or agency error4 7#c7 ,the individual was automatically registered to vote at an incorrect address4 7#d7 ,the individual declined the opportunity to register to vote or did not make an affirmation of citizenship1 including through automatic registration4 7b7 ,limits on use of automatic registration ,the automatic registration 7within the meaning of section #e;,a of the ,national ,voter ,registration ,act of #aiic7 of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship 7including through automatic registration7 may not be used as evidence against that individual in any ,state or ,federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization1 and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone4 7c7 ,protection of election integrity ,nothing in subsections 7a7 or 7b7 may be construed to prohibit or restrict any action under color of law against an individual who-- 7#a7 knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual2 or 7#b7 casts a ballot knowingly and willfully in violation of ,state law or the laws of the ,united ,states4 7d7 ,election officials' protection of information 7#a7 ,voter record changes ,each ,state shall maintain for at least #b years and shall make available for public inspection 7and1 where available1 photocopying at a reasonable cost71 including in electronic form and through electronic methods1 all records of changes to voter records1 including removals1 the reasons for removals1 and updates4 7#b7 ,database management standards ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology1 in consultation with ,state and local election officials and the ,election ,assistance ,commission1 shall1 after providing the public with notice and the opportunity to comment-- 7,a7 establish standards governing the comparison of data for voter registration list maintenance purposes1 identifying as part of such standards the specific data elements1 the matching rules used1 and how a ,state may use the data to determine and deem that an individual is ineligible under ,state law to vote in an election1 or to deem a record to be a duplicate or outdated2 7,b7 ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner2 7,c7 not later than #de days after the deadline for public notice and comment1 publish the standards developed pursuant to this paragraph on the ,director's website and make those standards available in written form upon request2 and 7,d7 ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management4 7#c7 ,security policy 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall1 after providing the public with notice and the opportunity to comment1 publish privacy and security standards for voter registration information not later than #de days after the deadline for public notice and comment4 ,the standards shall require the chief ,state election official of each ,state to adopt a policy that shall specify-- 7i7 each class of users who shall have authorized access to the computerized statewide voter registration list1 specifying for each class the permission and levels of access to be granted1 and setting forth other safeguards to protect the privacy1 security1 and accuracy of the information on the list2 and 7ii7 security safeguards to protect personal information transmitted through the information transmittal processes of section #e;,a7b7 of the ,national ,voter ,registration ,act of #aiic1 any telephone interface1 the maintenance of the voter registration database1 and any audit procedure to track access to the system4 7,b7 ,maintenance and updating ,the ,director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information4 7#d7 ,state compliance with national standards 7,a7 ,certification ,the chief ,state election official of the ,state shall annually file with the ,election ,assistance ,commission a statement certifying to the ,director of the ,national ,institute of ,standards and ,technology that the ,state is in compliance with the standards referred to in paragraphs 7#b7 and 7#c74 ,a ,state may meet the requirement of the previous sentence by filing with the ,commission a statement which reads as follows3 hereby certifies that it is in compliance with the standards referred to in paragraphs 7#b7 and 7#c7 of section #ajjc7;d7 of the ,automatic ,voter ,registration ,act of #bjba4 7with the blank to be filled in with the name of the ,state involved74 7,b7 ,publication of policies and procedures ,the chief ,state election official of a ,state shall publish on the official's website the policies and procedures established under this section1 and shall make those policies and procedures available in written form upon public request4 7,c7 ,funding dependent on certification ,if a ,state does not timely file the certification required under this paragraph1 it shall not receive any payment under this part for the upcoming fiscal year4 7,d7 ,compliance of ,states that require changes to ,state law ,in the case of a ,state that requires ,state legislation to carry out an activity covered by any certification submitted under this paragraph1 for a period of not more than #b years the ,state shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted1 and such ,state shall submit an additional certification once such legislation is enacted4 7e7 ,restrictions on use of information ,no person acting under color of law may discriminate against any individual based on1 or use for any purpose other than voter registration1 election administration1 juror selection1 or enforcement relating to election crimes1 any of the following3 7#a7 ,voter registration records4 7#b7 ,an individual's declination to register to vote or complete an affirmation of citizenship under section #e;,a of the ,national ,voter ,registration ,act of #aiic4 7#c7 ,an individual's voter registration status4 7f7 ,prohibition on the use of voter registration information for commercial purposes ,information collected under this part or the amendments made by this part shall not be used for commercial purposes4 ,nothing in this subsection may be construed to prohibit the transmission1 exchange1 or dissemination of information for political purposes1 including the support of campaigns for election for ,federal1 ,state1 or local public office or the activities of political committees 7including committees of political parties7 under the ,federal ,election ,campaign ,act of #aiga4 #ajjd4 ,payments and grants 7a7 ,in general ,the ,election ,assistance ,commission shall make grants to each eligible ,state to assist the ,state in implementing the requirements of this part and the amendments made by this part 7or1 in the case of an exempt ,state1 in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part7 with respect to the offices of the ,state motor vehicle authority and any other offices of the ,state at which the ,state offers voter registration services as described in this part and the amendments made by this part4 7b7 ,eligibility2 application ,a ,state is eligible to receive a grant under this section if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a description of the activities the ,state will carry out with the grant2 7#b7 an assurance that the ,state shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue2 and 7#c7 such other information and assurances as the ,commission may require4 7c7 ,amount of grant2 priorities ,the ,commission shall determine the amount of a grant made to an eligible ,state under this section4 ,in determining the amounts of the grants1 the ,commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part 7or1 in the case of an exempt ,state1 which are most likely to enhance the ability of the ,state to automatically register individuals to vote through its existing automatic voter registration program71 including-- 7#a7 investments supporting electronic information transfer1 including electronic collection and transfer of signatures1 between applicable agencies 7as defined in section #e;,a of the ,national ,voter ,registration ,act of #aiic7 and the appropriate ,state election officials2 7#b7 updates to online or electronic voter registration systems already operating as of the date of the enactment of this ,act2 7#c7 introduction of online voter registration systems in jurisdictions in which those systems did not previously exist2 and 7#d7 public education on the availability of new methods of registering to vote1 updating registration1 and correcting registration4 7d7 ,exempt ,state ,for purposes of this section1 the term exempt ,state has the meaning given such term under section #e;,a of the ,national ,voter ,registration ,act of #aiic1 and also includes a ,state in which1 under law which is in effect continuously on and after the date of the enactment of the ,national ,voter ,registration ,act of #aiic1 there is no voter registration requirement for any voter in the ,state with respect to an election for ,federal office4 7e7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to carry out this section-- 7,a7 #c1jjj1jjj1jjj for fiscal year #bjbb2 and 7,b7 such sums as may be necessary for each succeeding fiscal year4 7#b7 ,continuing availability of funds ,any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended4 #ajje4 ,miscellaneous provisions 7a7 ,enforcement ,section #aa of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaj71 relating to civil enforcement and the availability of private rights of action1 shall apply with respect to this part in the same manner as such section applies to such ,act4 7b7 ,relation to other laws ,except as provided1 nothing in this part or the amendments made by this part may be construed to authorize or require conduct prohibited under1 or to supersede1 restrict1 or limit the application of any of the following3 7#a7 ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7#c7 ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 7other than section #e;,a thereof74 7#d7 ,the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq474 7#e7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 #ajjf4 ,definitions ,in this part1 the following definitions apply3 7#a7 ,the term chief ,state election official means1 with respect to a ,state1 the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 7#b7 ,the term ,commission means the ,election ,assistance ,commission4 7#c7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ajjg4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this part and the amendments made by this part shall apply on and after ,january #a1 #bjbc4 7b7 ,waiver ,if a ,state certifies to the ,commission not later than ,january #a1 #bjbc1 that the ,state will not meet the deadline described in subsection 7a7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subsection 7a7 shall apply to the ,state as if the reference in such subsection to ,january #a1 #bjbc were a reference to ,january #a1 #bjbe4 #b ,election ,day as ,legal ,public ,holiday #ajaa4 ,election day as legal public holiday 7a7 ,in general ,section #fajc7;a7 of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to ,columbus ,day1 the following3 ,election ,day1 the ,tuesday next after the first ,monday in ,november in each even-numbered year4 4 7b7 ,conforming amendment ,section #bda7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiha7;b77 is amended-- 7#a7 by striking paragraph 7#aj72 and 7#b7 by redesignating paragraphs 7#aa7 through 7#ai7 as paragraphs 7#aj7 through 7#ah71 respectively4 7c7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to the regularly scheduled general elections for ,federal office held in ,november #bjbb or any succeeding year4 #c ,promoting ,internet ,registration #ajba4 ,requiring availability of internet for voter registration 7a7 ,requiring ,availability of ,internet for ,registration ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #f the following new section3 #f;,a4 ,internet ,registration 7a7 ,requiring ,availability of ,internet for ,online ,registration ,each ,state1 acting through the chief ,state election official1 shall ensure that the following services are available to the public at any time on the official public websites of the appropriate ,state and local election officials in the ,state1 in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section #g7;a73 7#a7 ,online application for voter registration4 7#b7 ,online assistance to applicants in applying to register to vote4 7#c7 ,online completion and submission by applicants of the mail voter registration application form prescribed by the ,election ,assistance ,commission pursuant to section #i7;a77#b71 including assistance with providing a signature as required under subsection 7c74 7#d7 ,online receipt of completed voter registration applications4 7b7 ,acceptance of completed applications ,a ,state shall accept an online voter registration application provided by an individual under this section1 and ensure that the individual is registered to vote in the ,state1 if-- 7#a7 the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section #f7;a77#a7 using the mail voter registration application form prescribed by the ,election ,assistance ,commission pursuant to section #i7;a77#b72 and 7#b7 the individual meets the requirements of subsection 7c7 to provide a signature in electronic form 7but only in the case of applications submitted during or after the second year in which this section is in effect in the ,state74 7c7 ,signature requirements 7#a7 ,in general ,for purposes of this section1 an individual meets the requirements of this subsection as follows3 7,a7 ,in the case of an individual who has a signature on file with a ,state agency1 including the ,state motor vehicle authority1 that is required to provide voter registration services under this ,act or any other law1 the individual consents to the transfer of that electronic signature4 7,b7 ,if subparagraph 7,a7 does not apply1 the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means4 7,c7 ,if subparagraph 7,a7 and subparagraph 7,b7 do not apply1 the individual executes a computerized mark in the signature field on an online voter registration application1 in accordance with reasonable security measures established by the ,state1 but only if the ,state accepts such mark from the individual4 7#b7 ,treatment of individuals unable to meet requirement ,if an individual is unable to meet the requirements of paragraph 7#a71 the ,state shall-- 7,a7 permit the individual to complete all other elements of the online voter registration application2 7,b7 permit the individual to provide a signature at the time the individual requests a ballot in an election 7whether the individual requests the ballot at a polling place or requests the ballot by mail72 and 7,c7 if the individual carries out the steps described in subparagraph 7,a7 and subparagraph 7,b71 ensure that the individual is registered to vote in the ,state4 7#c7 ,notice ,the ,state shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph 7#a7 and of the treatment of individuals unable to meet such requirements1 as described in paragraph 7#b74 7d7 ,confirmation and disposition 7#a7 ,confirmation of receipt 7,a7 ,in general ,upon the online submission of a completed voter registration application by an individual under this section1 the appropriate ,state or local election official shall provide the individual a notice confirming the ,state's receipt of the application and providing instructions on how the individual may check the status of the application4 7,b7 ,method of notification ,the appropriate ,state or local election official shall provide the notice required under subparagraph 7,a7 though the online submission process and-- 7i7 in the case of an individual who has provided the official with an electronic mail address1 by electronic mail2 and 7ii7 at the option of the individual1 by text message4 7#b7 ,notice of disposition 7,a7 ,in general ,not later than #g days after the appropriate ,state or local election official has approved or rejected an application submitted by an individual under this section1 the official shall provide the individual a notice of the disposition of the application4 7,b7 ,method of notification ,the appropriate ,state or local election official shall provide the notice required under subparagraph 7,a7 by regular mail and-- 7i7 in the case of an individual who has provided the official with an electronic mail address1 by electronic mail2 and 7ii7 at the option of the individual1 by text message4 7e7 ,provision of ,services in ,nonpartisan ,manner ,the services made available under subsection 7a7 shall be provided in a manner that ensures that-- 7#a7 the online application does not seek to influence an applicant's political preference or party registration2 and 7#b7 there is no display on the website promoting any political preference or party allegiance1 except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party4 7f7 ,protection of ,security of ,information ,in meeting the requirements of this section1 the ,state shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection 7a74 7g7 ,accessibility of services ,a ,state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals4 7h7 ,nondiscrimination among registered voters using mail and online registration ,in carrying out this ,act1 the ,help ,america ,vote ,act of #bjjb1 or any other ,federal1 ,state1 or local law governing the treatment of registered voters in the ,state or the administration of elections for public office in the ,state1 a ,state shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the ,state treats a registered voter who registered to vote by mail4 4 7b7 ,special requirements for individuals using online registration 7#a7 ,treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements ,section #cjc7;b77#a77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;b77#a77;,a77 is amended by striking by mail and inserting by mail or online under section #f;,a of the ,national ,voter ,registration ,act of #aiic4 7#b7 ,requiring signature for first-time voters in jurisdiction ,section #cjc7;b7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;b77 is amended-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,signature requirements for first-time voters using online registration 7,a7 ,in general ,a ,state shall1 in a uniform and nondiscriminatory manner1 require an individual to meet the requirements of subparagraph 7,b7 if-- 7i7 the individual registered to vote in the ,state online under section #f;,a of the ,national ,voter ,registration ,act of #aiic2 and 7ii7 the individual has not previously voted in an election for ,federal office in the ,state4 7,b7 ,requirements ,an individual meets the requirements of this subparagraph if-- 7i7 in the case of an individual who votes in person1 the individual provides the appropriate ,state or local election official with a handwritten signature2 or 7ii7 in the case of an individual who votes by mail1 the individual submits with the ballot a handwritten signature4 7,c7 ,inapplicability ,subparagraph 7,a7 does not apply in the case of an individual who is-- 7i7 entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb et seq472 7ii7 provided the right to vote otherwise than in person under section #c7;b77#b77;,b77ii7 of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjajb7;b77#b77;,b77ii772 or 7iii7 entitled to vote otherwise than in person under any other ,federal law4 4 7#c7 ,conforming amendment relating to effective date ,section #cjc7;d77#b77;,a7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;d77#b77;,a77 is amended by striking ,each ,state and inserting ,except as provided in subsection 7b77#e71 each ,state4 7c7 ,conforming ,amendments 7#a7 ,timing of registration ,section #h7;a77#a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a77#a771 as amended by section #ajjb7;b77#c71 is amended-- 7,a7 by striking and at the end of subparagraph 7,d72 7,b7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,c7 by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 in the case of online registration through the official public website of an election official under section #f;,a1 if the valid voter registration application is submitted online not later than the lesser of #bh days1 or the period provided by ,state law1 before the date of the election 7as determined by treating the date on which the application is sent electronically as the date on which it is submitted72 and 4 7#b7 ,informing applicants of eligibility requirements and penalties ,section #h7;a77#e7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77#e77 is amended by striking and #g and inserting #f;,a1 and #g4 #ajbb4 ,use of internet to update registration information 7a7 ,in ,general 7#a7 ,updates to information contained on computerized statewide voter registration list ,section #cjc7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77 is amended by adding at the end the following new paragraph3 7#f7 ,use of ,internet by registered voters to update information 7,a7 ,in general ,the appropriate ,state or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information1 including the voter's address and electronic mail address1 online through the official public website of the election official responsible for the maintenance of the list1 so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section #f;,a7c7 of the ,national ,voter ,registration ,act of #aiic4 7,b7 ,processing of updated information by election officials ,if a registered voter updates registration information under subparagraph 7,a71 the appropriate ,state or local election official shall-- 7i7 revise any information on the computerized list to reflect the update made by the voter2 and 7ii7 if the updated registration information affects the voter's eligibility to vote in an election for ,federal office1 ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of #g days1 or the period provided by ,state law1 before the date of the election4 7,c7 ,confirmation and disposition 7i7 ,confirmation of receipt ,upon the online submission of updated registration information by an individual under this paragraph1 the appropriate ,state or local election official shall send the individual a notice confirming the ,state's receipt of the updated information and providing instructions on how the individual may check the status of the update4 7ii7 ,notice of disposition ,not later than #g days after the appropriate ,state or local election official has accepted or rejected updated information submitted by an individual under this paragraph1 the official shall send the individual a notice of the disposition of the update4 7iii7 ,method of notification ,the appropriate ,state or local election official shall send the notices required under this subparagraph by regular mail and-- 7,i7 in the case of an individual who has requested that the ,state provide voter registration and voting information through electronic mail1 by electronic mail2 and 7,,ii7 at the option of the individual1 by text message4 4 7#b7 ,conforming amendment relating to effective date ,section #cjc7;d77#a77;,a7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;d77#a77;,a77 is amended by striking subparagraph 7,b7 and inserting subparagraph 7,b7 and subsection 7a77#f74 7b7 ,ability of registrant ,to use online update ,to provide information on residence ,section #h7;d77#b77;,a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;d77#b77;,a77 is amended-- 7#a7 in the first sentence1 by inserting after return the card the following3 or update the registrant's information on the computerized ,statewide voter registration list using the online method provided under section #cjc7;a77#f7 of the ,help ,america ,vote ,act of #bjjb2 and 7#b7 in the second sentence1 by striking returned1 and inserting the following3 returned or if the registrant does not update the registrant's information on the computerized ,statewide voter registration list using such online method14 #ajbc4 ,provision of election information by electronic mail to individuals registered to vote 7a7 ,including ,option on ,voter ,registration ,application ,to ,provide ,e-,mail ,address and ,receive ,information 7#a7 ,in general ,section #i7;b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejh7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#e7 shall include a space for the applicant to provide 7at the applicant's option7 an electronic mail address1 together with a statement that1 if the applicant so requests1 instead of using regular mail the appropriate ,state and local election officials shall provide to the applicant1 through electronic mail sent to that address1 the same voting information 7as defined in section #cjb7;b77#b7 of the ,help ,america ,vote ,act of #bjjb7 which the officials would provide to the applicant through regular mail4 4 7#b7 ,prohibiting use for purposes unrelated to official duties of election officials ,section #i of such ,act 7#eb ,u4,s4,c4 #bjejh7 is amended by adding at the end the following new subsection3 7c7 ,prohibiting use of electronic mail addresses for other than official purposes ,the chief ,state election official shall ensure that any electronic mail address provided by an applicant under subsection 7b77#e7 is used only for purposes of carrying out official duties of election officials and is not transmitted by any ,state or local election official 7or any agent of such an official1 including a contractor7 to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a ,state or local election official4 4 7b7 ,requiring ,provision of ,information by ,election ,officials ,section #cjb7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;b77 is amended by adding at the end the following new paragraph3 7#c7 ,provision of other information by electronic mail ,if an individual who is a registered voter has provided the ,state or local election official with an electronic mail address for the purpose of receiving voting information 7as described in section #i7;b77#e7 of the ,national ,voter ,registration ,act of #aiic71 the appropriate ,state or local election official1 through electronic mail transmitted not later than #g days before the date of the election for ,federal office involved1 shall provide the individual with information on how to obtain the following information by electronic means3 7,a7 7i7 ,if the individual is assigned to vote in the election at a specific polling place-- 7,i7 the name and address of the polling place2 and 7,,ii7 the hours of operation for the polling place4 7ii7 ,if the individual is not assigned to vote in the election at a specific polling place-- 7,i7 the name and address of locations at which the individual is eligible to vote2 and 7,,ii7 the hours of operation for those locations4 7,b7 ,a description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph 7,a77ii77,i7 to vote in the election4 4 #ajbd4 ,clarification of requirement regarding necessary information to show eligibility to vote ,section #h of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following new subsection3 7j7 ,requirement for ,state ,to ,register ,applicants ,providing ,necessary ,information ,to ,show ,eligibility ,to ,vote ,for purposes meeting the requirement of subsection 7a77#a7 that an eligible applicant is registered to vote in an election for ,federal office within the deadlines required under such subsection1 the ,state shall consider an applicant to have provided a valid voter registration form if-- 7#a7 the applicant has substantially completed the application form and attested to the statement required by section #i7;b77#b72 and 7#b7 in the case of an applicant who registers to vote online in accordance with section #f;,a1 the applicant provides a signature in accordance with subsection 7c7 of such section4 4 #ajbe4 ,prohibiting ,state from requiring applicants to provide more than last #d digits of social security number 7a7 ,form included with application for motor vehicle driver's license ,section #e7;c77#b77;,b77ii7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejd7;c77#b77;,b77ii77 is amended by striking the semicolon at the end and inserting the following3 1 and to the extent that the application requires the applicant to provide a ,social ,security number1 may not require the applicant to provide more than the last #d digits of such number24 7b7 ,national mail voter registration form ,section #i7;b77#a7 of such ,act 7#eb ,u4,s4,c4 #bjejh7;b77#a77 is amended by striking the semicolon at the end and inserting the following3 1 and to the extent that the form requires the applicant to provide a ,social ,security number1 the form may not require the applicant to provide more than the last #d digits of such number24 #ajbf4 ,application of rules to certain exempt ,states ,section #d of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejc7 is amended by adding at the end the following new subsection3 7c7 ,application of ,internet voter registration rules ,notwithstanding subsection 7b71 the following provisions shall apply to a ,state described in paragraph 7#b7 thereof3 7#a7 ,section #f;,a 7as added by section #ajba7;a7 of the ,voter ,registration ,modernization ,act of #bjba74 7#b7 ,section #h7;a77#a77;,e7 7as added by section #ajba7;c77#a7 of the ,voter ,registration ,modernization ,act of #bjba74 7#c7 ,section #h7;a77#e7 7as amended by section #ajba7;c77#b7 of ,voter ,registration ,modernization ,act of #bjba71 but only to the extent such provision relates to section #f;,a4 7#d7 ,section #h7;j7 7as added by section #ajbd of the ,voter ,registration ,modernization ,act of #bjba71 but only to the extent such provision relates to section #f;,a4 4 #ajbg4 ,report on data collection relating to online voter registration systems ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on local1 ,state1 and ,federal personally identifiable information data collections efforts related to online voter registration systems1 the cyber security resources necessary to defend such efforts from online attacks1 and the impact of a potential data breach of local1 ,state1 or ,federal online voter registration systems4 #ajbh4 ,permitting voter registration application form to serve as application for absentee ballot ,section #e7;c7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejd7;c77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking and at the end of subparagraph 7,d72 7,b7 by striking the period at the end of subparagraph 7,e7 and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,f7 at the option of the applicant1 shall serve as an application to vote by absentee ballot in the next election for ,federal office held in the ,state and in each subsequent election for ,federal office held in the ,state4 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 7,a7 ,in the case of an individual who is treated as having applied for an absentee ballot in the next election for ,federal office held in the ,state and in each subsequent election for ,federal office held in the ,state under paragraph 7#b77;,f71 such treatment shall remain effective until the earlier of such time as-- 7i7 the individual is no longer registered to vote in the ,state2 or 7ii7 the individual provides an affirmative written notice revoking such treatment4 7,b7 ,the treatment of an individual as having applied for an absentee ballot in the next election for ,federal office held in the ,state and in each subsequent election for ,federal office held in the ,state under paragraph 7#b77;,f7 shall not be revoked on the basis that the individual has not voted in an election 4 #ajbi4 ,effective date 7a7 ,in ,general ,except as provided in subsection 7b71 the amendments made by this part 7other than the amendments made by section #ajjd7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 7b7 ,waiver ,if a ,state certifies to the ,election ,assistance ,commission not later than #ahj days after the date of the enactment of this ,act that the ,state will not meet the deadline described in subsection 7a7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subsection 7a7 shall apply to the ,state as if the reference in such subsection to the regularly scheduled general election for ,federal office held in ,november #bjbb were a reference to ,january #a1 #bjbd4 #d ,same ,day ,voter ,registration #ajca4 ,same day registration 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating sections #cjd and #cje as sections #cje and #cjf1 respectively2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,same day registration 7a7 ,in general 7#a7 ,registration ,each ,state shall permit any eligible individual on the day of a ,federal election and on any day when voting1 including early voting1 is permitted for a ,federal election-- 7,a7 to register to vote in such election at the polling place using a form that meets the requirements under section #i7;b7 of the ,national ,voter ,registration ,act of #aiic 7or1 if the individual is already registered to vote1 to revise any of the individual's voter registration information72 and 7,b7 to cast a vote in such election4 7#b7 ,exception ,the requirements under paragraph 7#a7 shall not apply to a ,state in which1 under a ,state law in effect continuously on and after the date of the enactment of this section1 there is no voter registration requirement for individuals in the ,state with respect to elections for ,federal office4 7b7 ,eligible individual ,for purposes of this section1 the term eligible individual means1 with respect to any election for ,federal office1 an individual who is otherwise qualified to vote in that election4 7c7 ,ensuring availability of forms ,the ,state shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual's voter registration information under this section4 7d7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 each ,state shall be required to comply with the requirements of this section for the regularly scheduled general election for ,federal office occurring in ,november #bjbb and for any subsequent election for ,federal office4 7#b7 ,special rules for elections before ,november #bjbf 7,a7 ,elections prior to ,november #bjbd general election ,a ,state shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for ,federal office occurring in ,november #bjbb and subsequent elections for ,federal office occurring before the regularly scheduled general election for ,federal office in ,november #bjbd if at least one location for each #ae1jjj registered voters in each jurisdiction in the ,state meets such requirements1 and such location is reasonably located to serve voting populations equitably across the jurisdiction4 7,b7 ,november #bjbd general election ,if a ,state certifies to the ,commission not later than ,november #e1 #bjbd1 that the ,state will not be in compliance with the requirements of this section for the regularly scheduled general election for ,federal office occurring in ,november #bjbd because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements1 the ,state shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each #ae1jjj registered voters in each jurisdiction in the ,state meets such requirements1 and such location is reasonably located to serve voting populations equitably across the jurisdiction4 4 7b7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 and #cjc and inserting subtitle ,a of title ,,iii4 7c7 ,clerical amendments ,the table of contents of such ,act is amended-- 7#a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf1 respectively2 and 7#b7 by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjd4 ,same day registration4 4 #ajcb4 ,ensuring pre-election registration deadlines are consistent with timing of legal public holidays 7a7 ,in general ,section #h7;a77#a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a77#a77 is amended by striking #cj days each place it appears and inserting #bh days4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections held in #bjbb or any succeeding year4 #e ,streamline ,voter ,registration ,information1 ,access1 and ,privacy #ajda4 ,authorizing the dissemination of voter registration information displays following naturalization ceremonies 7a7 ,authorization ,the ,secretary of ,homeland ,security shall establish a process for authorizing the chief ,state election official of a ,state to disseminate voter registration information at the conclusion of any naturalization ceremony in such ,state4 7b7 ,no effect on other authority ,nothing in this section shall be construed to imply that a ,federal agency cannot provide voter registration services beyond those minimally required herein1 or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority4 7c7 ,designated voter registration agencies ,in any ,state or other location in which a ,federal agency is designated as a voter registration agency under section #g7;a77#c77;,b77ii7 of the ,national ,voter ,registration ,act1 the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section4 #ajdb4 ,inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,consumer ,financial ,protection4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of ,consumer ,financial ,protection4 7#c7 ,federal rental assistance ,the term ,federal rental assistance means rental assistance provided under-- 7,a7 any covered housing program1 as defined in section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a772 7,b7 title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq471 including voucher assistance under section #edb of such title 7#db ,u4,s4,c4 #adijr72 7,c7 the ,housing ,trust ,fund program under section #acch of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #dehh72 or 7,d7 subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq474 7#d7 ,federally backed multifamily mortgage loan ,the term ,federally backed multifamily mortgage loan includes any loan 7other than temporary financing such as a construction loan7 that-- 7,a7 is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of #e or more families1 including any such secured loan1 the proceeds of which are used to prepay or pay off an existing loan secured by the same property2 and 7,b7 is made in whole or in part1 or insured1 guaranteed1 supplemented1 or assisted in any way1 by any officer or agency of the ,federal ,government or under or in connection with a housing or urban development program administered by the ,secretary of ,housing and ,urban ,development or a housing or related program administered by any other such officer or agency1 or is purchased or securitized by the ,federal ,home ,loan ,mortgage ,corporation or the ,federal ,national ,mortgage ,association4 7#e7 ,owner ,the term owner has the meaning given the term in section #h7;f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7f774 7#f7 ,public housing2 public housing agency ,the terms public housing and public housing agency have the meanings given those terms in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#g7 ,residential mortgage loan ,the term residential mortgage loan includes any loan that is secured by a first or subordinate lien on residential real property1 including individual units of condominiums and cooperatives1 designed principally for the occupancy of from #a- to #d- families4 7b7 ,uniform statement 7#a7 ,development ,the ,director1 after consultation with the ,election ,assistance ,commission1 shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law4 7#b7 ,responsibilities ,in developing the uniform statement1 the ,director shall be responsible for-- 7,a7 establishing the format of the statement2 7,b7 consumer research and testing of the statement2 and 7,c7 consulting with and obtaining from the ,election ,assistance ,commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph 7#a74 7#c7 ,languages 7,a7 ,in general ,the uniform statement required under paragraph 7#a7 shall be developed and made available in ,english and in each of the #aj languages most commonly spoken by individuals with limited ,english proficiency1 as determined by the ,director using information published by the ,director of the ,bureau of the ,census4 7,b7 ,publication ,the ,director shall make all translated versions of the uniform statement required under paragraph 7#a7 publicly available in a centralized location on the website of the ,bureau4 7c7 ,leases and vouchers for ,federally assisted rental housing ,each ,federal agency administering a ,federal rental assistance program shall require-- 7#a7 each public housing agency to provide a copy of the uniform statement developed pursuant to subsection 7b7 to each lessee of a dwelling unit in public housing administered by the agency-- 7,a7 together with the lease for the dwelling unit1 at the same time the lease is signed by the lessee2 and 7,b7 together with any income verification form1 at the same time the form is provided to the lessee2 7#b7 each public housing agency that administers rental assistance under the ,housing ,choice ,voucher program under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 including the program under paragraph 7#ac7 of such section #h7o71 to provide a copy of the uniform statement developed pursuant to subsection 7b7 to each assisted family or individual-- 7,a7 together with the voucher for the assistance1 at the time the voucher is issued for the family or individual2 and 7,b7 together with any income verification form1 at the time the voucher is provided to the applicant or assisted family or individual2 and 7#c7 each owner of a dwelling unit assisted with ,federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection 7b7 to the lessee of the dwelling unit-- 7,a7 together with the lease for such dwelling unit1 at the same time the lease is signed by the lessee2 and 7,b7 together with any income verification form1 at the same time the form is provided to the applicant or tenant4 7d7 ,applications for residential mortgage loans ,the ,director shall require each creditor 7within the meaning of such term as used in section #ajbf4b7;a77#ag7 of title #ab1 ,code of ,federal ,regulations7 that receives an application 7within the meaning of such term as used in section #ajbf4b7;a77#c77;ii7 of title #ab1 ,code of ,federal ,regulations7 to provide a copy of the uniform statement developed pursuant to subsection 7b7 in written form to the applicant for the residential mortgage loan not later than #e business days after the date of the application4 7e7 ,federally backed multifamily mortgage loans ,the head of the ,federal agency insuring1 guaranteeing1 supplementing1 or assisting a ,federally backed multifamily mortgage loan1 or the ,director of the ,federal ,housing ,finance ,agency in the case of a ,federally backed multifamily mortgage loan that is purchased or securitized by the ,federal ,home ,loan ,mortgage ,corporation or the ,federal ,national ,mortgage ,association1 shall require the owner of the property secured by the ,federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection 7b7 in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee4 7f7 ,optional completion of voter registration ,nothing in this section may be construed to require any individual to complete a voter registration form4 7g7 ,regulations ,the head of a ,federal agency administering a ,federal rental assistance program1 the head of the ,federal agency insuring1 guaranteeing1 supplementing1 or assisting a ,federally backed multifamily mortgage loan1 the ,director of the ,federal ,housing ,finance ,agency1 and the ,director may issue such regulations as may be necessary to carry out this section4 7h7 ,no effect on other authority ,nothing in this section shall be construed to imply that a ,federal agency cannot provide voter registration services beyond those minimally required herein1 or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority4 7i7 ,designated voter registration agencies ,in any ,state or other location in which a ,federal agency is designated as a voter registration agency under section #g7;a77#c77;,b77ii7 of the ,national ,voter ,registration ,act1 the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section4 #ajdc4 ,acceptance of voter registration applications from individuals under #ah years of age 7a7 ,acceptance of applications ,section #h of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg71 as amended by section #ajbd1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following new subsection3 7k7 ,acceptance of applications from individuals under #ah years of age 7#a7 ,in general ,a ,state may not refuse to accept or process an individual's application to register to vote in elections for ,federal office on the grounds that the individual is under #ah years of age at the time the individual submits the application1 so long as the individual is at least #af years of age at such time4 7#b7 ,no effect on ,state voting age requirements ,nothing in paragraph 7#a7 may be construed to require a ,state to permit an individual who is under #ah years of age at the time of an election for ,federal office to vote in the election4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections occurring on or after ,january #a1 #bjbb4 #ajdd4 ,requiring states to establish and operate voter privacy programs 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 is amended-- 7#a7 by redesignating sections #cje and #cjf as sections #cjf and #cjg1 respectively2 and 7#b7 by inserting after section #cjd the following new section3 #cje4 ,voter privacy programs 7a7 ,in general ,each ,state shall establish and operate a privacy program to enable victims of domestic violence1 dating violence1 stalking1 sexual assault1 and trafficking to have personally identifiable information that ,state or local election officials maintain with respect to an individual voter registration status for purposes of elections for ,federal office in the ,state1 including addresses1 be kept confidential4 7b7 ,notice ,each ,state shall notify residents of that ,state of the information that ,state and local election officials maintain with respect to an individual voter registration status for purposes of elections for ,federal office in the ,state1 how that information is shared or sold and with whom1 what information is automatically kept confidential1 what information is needed to access voter information online1 and the privacy programs that are available4 7c7 ,public availability ,each ,state shall make information about the program established under subsection 7a7 available on a publicly accessible website4 7d7 ,definitions ,in this section3 7#a7 ,the terms domestic violence1 stalking1 sexual assault1 and dating violence have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia74 7#b7 ,the term trafficking means an act or practice described in paragraph 7#aa7 or 7#ab7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 7e7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjbc4 4 7b7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 is amended-- 7#a7 by redesignating the items relating to sections #cje and #cjf as relating to sections #cjf and #cjg1 respectively2 and 7#b7 by inserting after the item relating to section #cjd the following new item3 ,sec4 #cje4 ,voter privacy programs4 4 #f ,funding ,support to ,states for ,compliance #ajea4 ,availability of requirements payments under ,,hava to cover costs of compliance with new requirements 7a7 ,in ,general ,section #bea7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking as provided in paragraphs 7#b7 and 7#c7 and inserting as otherwise provided in this subsection2 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,certain voter registration activities ,notwithstanding paragraph 7#c71 a ,state may use a requirements payment to carry out any of the requirements of the ,voter ,registration ,modernization ,act of #bjba1 including the requirements of the ,national ,voter ,registration ,act of #aiic which are imposed pursuant to the amendments made to such ,act by the ,voter ,registration ,modernization ,act of #bjba4 4 7b7 ,conforming ,amendment ,section #bed7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajjd7;a77#a77 is amended by striking section #bea7;a77#b7 and inserting section #bea7;b77#b74 7c7 ,effective ,date ,the amendments made by this section shall apply with respect to fiscal year #bjbb and each succeeding fiscal year4 ,b ,access to ,voting for ,individuals ,with ,disabilities #aaja4 ,requirements for ,states to promote access to voter registration and voting for individuals with disabilities 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a7 and section #ajdd7;a71 is amended-- 7#a7 by redesignating sections #cjf and #cjg as sections #cjg and #cjh1 respectively2 and 7#b7 by inserting after section #cje the following new section3 #cjf4 ,access to voter registration and voting for individuals with disabilities 7a7 ,treatment of applications and ballots ,each ,state shall-- 7#a7 ensure that absentee registration forms1 absentee ballot applications1 and absentee ballots that are available electronically are accessible 7as defined in section #cjg72 7#b7 permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for ,federal office2 7#c7 accept and process1 with respect to any election for ,federal office1 any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate ,state election official within the deadline for the election which is applicable under ,federal law2 7#d7 in addition to any other method of registering to vote or applying for an absentee ballot in the ,state1 establish procedures-- 7,a7 for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for ,federal office in accordance with subsection 7c72 7,b7 for ,states to send by mail and electronically 7in accordance with the preferred method of transmission designated by the individual under subparagraph 7,c77 voter registration applications and absentee ballot applications requested under subparagraph 7,a7 in accordance with subsection 7c772 and 7,c7 by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically2 7#e7 in addition to any other method of transmitting blank absentee ballots in the ,state1 establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for ,federal office in accordance with subsection 7d72 and 7#f7 if the ,state declares or otherwise holds a runoff election for ,federal office1 establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election4 7b7 ,designation of single ,state office to provide information on registration and absentee ballot procedures for voters with disabilities in ,state 7#a7 ,in general ,each ,state shall designate a single office which shall be responsible for providing information regarding voter registration procedures1 absentee ballot procedures1 and in-person voting procedures to be used by individuals with disabilities with respect to elections for ,federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the ,state4 7#b7 ,responsibilities ,each ,state shall1 through the office designated in paragraph 7#a7-- 7,a7 provide information to election officials-- 7i7 on how to set up and operate accessible voting systems2 and 7ii7 regarding the accessibility of voting procedures1 including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices2 7,b7 integrate information on accessibility1 accommodations1 disability1 and older individuals into regular training materials for poll workers and election administration officials2 7,c7 train poll workers on how to make polling places accessible for individuals with disabilities and older individuals2 7,d7 promote the hiring of individuals with disabilities and older individuals as poll workers and election staff2 and 7,e7 publicly post the results of any audits to determine the accessibility of polling places no later than #f months after the completion of the audit4 7c7 ,designation ,of means of electronic communication for individuals with disabilities to request and for states to send voter registration applications and absentee ballot applications1 and for other purposes related to voting information 7#a7 ,in general ,each ,state shall1 in addition to the designation of a single ,state office under subsection 7b71 designate not less than #a means of accessible electronic communication-- 7,a7 for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the ,state to request voter registration applications and absentee ballot applications under subsection 7a77#d72 7,b7 for use by ,states to send voter registration applications and absentee ballot applications requested under such subsection2 and 7,c7 for the purpose of providing related voting1 balloting1 and election information to individuals with disabilities4 7#b7 ,clarification regarding provision of multiple means of electronic communication ,a ,state may1 in addition to the means of electronic communication so designated1 provide multiple means of electronic communication to individuals with disabilities1 including a means of electronic communication for the appropriate jurisdiction of the ,state4 7#c7 ,inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials ,each ,state shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the ,state to individuals with disabilities4 7#d7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under subsection 7a77#d77;,c71 the ,state shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7d7 ,transmission of blank absentee ballots by mail and electronically 7#a7 ,in general ,each ,state shall establish procedures-- 7,a7 to securely transmit blank absentee ballots by mail and electronically 7in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph 7,b77 to individuals with disabilities for an election for ,federal office2 and 7,b7 by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically4 7#b7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under paragraph 7#a77;,b71 the ,state shall transmit the ballot by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7#c7 ,application of methods to track delivery to and return of ballot by individual requesting ballot ,under the procedures established under paragraph 7#a71 the ,state shall apply such methods as the ,state considers appropriate1 such as assigning a unique identifier to the ballot envelope1 to ensure that if an individual with a disability requests the ,state to transmit a blank absentee ballot to the individual in accordance with this subsection1 the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the ,state transmitted to the individual4 7e7 ,individual with a disability defined ,in this section1 an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for ,federal office4 7f7 ,effective date ,this section shall apply with respect to elections for ,federal office held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment relating to issuance of voluntary guidance by election assistance commission 7#a7 ,timing of issuance ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#d7 in the case of the recommendations with respect to section #cjf1 ,january #a1 #bjbb4 4 7#b7 ,redesignation 7,a7 ,in general ,title ,,iii of such ,act 7#eb ,u4,s4,c4 #bajha et seq47 is amended by redesignating sections #caa and #cab as sections #cba and #cbb1 respectively4 7,b7 ,conforming amendment ,section #cbb7;a7 of such ,act1 as redesignated by subparagraph 7,a71 is amended by striking section #cab and inserting section #cbb4 7c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c7 and section #ajdd7;b71 is amended-- 7#a7 by redesignating the items relating to sections #cjf and #cjg as relating to sections #cjg and #cjh1 respectively2 and 7#b7 by inserting after the item relating to section #cje the following new item3 ,sec4 #cjf4 ,access to voter registration and voting for individuals with disabilities4 4 #aajb4 ,establishment and maintenance of ,state accessible election websites 7a7 ,in general ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 and section #aaja7;a71 is amended-- 7#a7 by redesignating sections #cjg and #cjh as sections #cjh and #cji1 respectively2 and 7#b7 by inserting after section #cjf the following3 #cjg4 ,establishment and maintenance of accessible election websites 7a7 ,in general ,not later than ,january #a1 #bjbc1 each ,state shall establish a single election website that is accessible and meets the following requirements3 7#a7 ,local election officials ,the website shall provide local election officials1 poll workers1 and volunteers with-- 7,a7 guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 and 7,b7 online training and resources on-- 7i7 how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office2 and 7ii7 the voting rights and protections for individuals with disabilities and older individuals under ,state and ,federal law4 7#b7 ,voters ,the website shall provide information about voting1 including-- 7,a7 the accessibility of all polling places within the ,state1 including outreach programs to inform individuals about the availability of accessible polling places2 7,b7 how to register to vote and confirm voter registration in the ,state2 7,c7 the location and operating hours of all polling places in the ,state2 7,d7 the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters at polling places2 7,e7 the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals2 7,f7 the rights and protections under ,state and ,federal law for individuals with disabilities and older individuals to participate in elections2 and 7,g7 how to contact ,state1 local1 and ,federal officials with complaints or grievances if individuals with disabilities1 older individuals1 ,native ,americans1 ,alaska ,natives1 and individuals with limited proficiency in the ,english language feel their ability to register to vote or vote has been blocked or delayed4 7b7 ,partnership with outside technical organization ,the chief ,state election official of each ,state1 through the committee of appropriate individuals under subsection 7c77#b71 shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to-- 7#a7 update an existing election website to make it fully accessible in accordance with this section2 or 7#b7 develop an election website that is fully accessible in accordance with this section4 7c7 ,state plan 7#a7 ,development ,the chief ,state election official of each ,state shall1 through a committee of appropriate individuals as described in paragraph 7#b71 develop a ,state plan that describes how the ,state and local governments will meet the requirements under this section4 7#b7 ,committee membership ,the committee shall comprise at least the following individuals3 7,a7 ,the chief election officials of the four most populous jurisdictions within the ,state4 7,b7 ,the chief election officials of the four least populous jurisdictions within the ,state4 7,c7 ,representatives from two disability advocacy groups1 including at least one such representative who is an individual with a disability4 7,d7 ,representatives from two older individual advocacy groups1 including at least one such representative who is an older individual4 7,e7 ,representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites4 7,f7 ,representatives from two independent non-governmental voting rights organizations4 7,g7 ,representatives from ,state protection and advocacy systems as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7d7 ,partnership ,to monitor and verify accessibility ,the chief ,state election official of each eligible ,state1 through the committee of appropriate individuals under subsection 7c77#b71 shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website3 7#a7 ,university ,centers for ,excellence in ,developmental ,disabilities ,education1 ,research1 and ,services designated under section #aea7;a7 of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejfa7;a774 7#b7 ,centers for ,independent ,living1 as described in part ,c of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;f et seq474 7#c7 ,a ,state ,council on ,developmental ,disabilities described in section #abe of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejbe74 7#d7 ,state protection and advocacy systems as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7#e7 ,statewide ,independent ,living ,councils established under section #gje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;d74 7#f7 ,state ,assistive ,technology ,act ,programs4 7#g7 ,a visual access advocacy organization4 7#h7 ,an organization for the deaf4 7#i7 ,a mental health organization4 7e7 ,definitions ,for purposes of this section1 section #cje1 and section #cjg3 7#a7 ,accessible ,the term accessible means-- 7,a7 in the case of the election website under subsection 7a7 or an electronic communication under section #cje-- 7i7 that the functions and content of the website or electronic communication1 including all text1 visual1 and aural content1 are as accessible to people with disabilities as to those without disabilities2 7ii7 that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the ,english language2 and 7iii7 that the website or electronic communication meets1 at a minimum1 conformance to ,level ,,aa of the ,web ,content ,accessibility ,guidelines #b4j of the ,web ,accessibility ,initiative 7or any successor guidelines72 and 7,b7 in the case of a facility 7including a polling place71 that the facility is readily accessible to and usable by individuals with disabilities and older individuals1 as determined under the #bjaj ,,ada ,standards for ,accessible ,design adopted by the ,department of ,justice 7or any successor standards74 7#b7 ,individual with a disability ,the term individual with a disability means an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 and who is otherwise qualified to vote in elections for ,federal office4 7#c7 ,older individual ,the term older individual means an individual who is #fj years of age or older and who is otherwise qualified to vote in elections for ,federal office4 4 7b7 ,voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b71 is amended by striking section #cjf and inserting sections #cjf and #cjg4 7c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 and section #aaja7;c71 is amended-- 7#a7 by redesignating the items relating to sections #cjg and #cjh as relating to sections #cjh and #cji1 respectively2 and 7#b7 by inserting after the item relating to section #cjf the following new item3 ,sec4 #cjg4 ,establishment and maintenance of accessible election websites4 4 #aajc4 ,protections for in-person voting for individuals with disabilities and older individuals 7a7 ,requirement 7#a7 ,in general ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 and section #aajb7;a71 is amended-- 7,a7 by redesignating sections #cjh and #cji as sections #cji and #caj1 respectively2 and 7,b7 by inserting after section #cjg the following3 #cjh4 ,access to voting for individuals with disabilities and older individuals 7a7 ,in general ,each ,state shall-- 7#a7 ensure all polling places within the ,state are accessible1 as defined in section #cjf2 7#b7 consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for ,federal office1 such as the option to cast a ballot outside of the polling place or from a vehicle1 or providing an expedited voting line2 and 7#c7 consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities4 7b7 ,clarification ,nothing in this section may be construed to alter the requirements under ,federal law that all polling places for ,federal elections are accessible to individuals with disabilities and older individuals4 7c7 ,effective date ,this section shall apply with respect to elections for ,federal office held on or after ,january #a1 #bjbd4 4 7#b7 ,voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b7 and as amended by section #aajb7;b71 is amended by striking and #cjg and inserting 1 #cjg1 and #cjh4 7#c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 and section #aajb7;c71 is amended-- 7,a7 by redesignating the items relating to sections #cjh and #cji as relating to sections #cji and #caj1 respectively2 and 7,b7 by inserting after the item relating to section #cjg the following new item3 ,sec4 #cjh4 ,access to voting for individuals with disabilities and older individuals4 4 7b7 ,revisions to ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#a7 ,reports to ,election ,assistance ,commission ,section #c7;c7 of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjajb7;c77 is amended-- 7,a7 in the subsection heading1 by striking ,federal ,election ,commission and inserting ,election ,assistance ,commission2 7,b7 in each of paragraphs 7#a7 and 7#b71 by striking ,federal ,election ,commission and inserting ,election ,assistance ,commission2 and 7,c7 by striking paragraph 7#c74 7#b7 ,conforming amendments relating to references ,the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjaja et seq471 as amended by paragraph 7#a71 is amended-- 7,a7 by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals2 7,b7 by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals2 7,c7 in section #c7;b77#b77;,b71 by striking handicapped or elderly voter and inserting individual with a disability or older individual2 7,d7 in section #e7;b71 by striking handicapped voter and inserting individual with a disability2 and 7,e7 in section #h-- 7i7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 accessible has the meaning given that term in section #cjg of the ,help ,america ,vote ,act of #bjjb1 as added by section #aajb7;a7 of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act2 7#b7 older individual has the meaning given that term in such section #cjg2 2 and 7ii7 by striking paragraph 7#d71 and inserting the following3 7#d7 individual with a disability has the meaning given that term in such section #cjf2 and 4 7#c7 ,short title amendment 7,a7 ,in general ,section #a of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7,public ,law #ih-dce2 #db ,u4,s4,c4 #aigc;ee note7 is amended by striking for the ,elderly and ,handicapped and inserting for ,individuals with ,disabilities and ,older ,individuals4 7,b7 ,references ,any reference in any other provision of law1 regulation1 document1 paper1 or other record of the ,united ,states to the ,voting ,accessibility for the ,elderly and ,handicapped ,act shall be deemed to be a reference to the ,voting ,accessibility for ,individuals with ,disabilities and ,older ,individuals ,act4 7#d7 ,effective date ,the amendments made by this subsection shall take effect on ,january #a1 #bjbd1 and shall apply with respect to elections for ,federal office held on or after that date4 #aajd4 ,protections for individuals subject to guardianship 7a7 ,in general ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 and section #aajc7;a77#a71 is amended-- 7#a7 by redesignating sections #cji and #caj as sections #caj and #caa1 respectively2 and 7#b7 by inserting after section #cjh the following3 #cji4 ,protections for individuals subject to guardianship 7a7 ,in general ,a ,state shall not determine that an individual lacks the capacity to vote in an election for ,federal office on the ground that the individual is subject to guardianship1 unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate1 with or without accommodations1 a desire to participate in the voting process4 7b7 ,effective date ,this section shall apply with respect to elections for ,federal office held on or after ,january #a1 #bjbb4 4 7b7 ,voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b7 and as amended by sections #aajb and #aajc1 is amended by striking and #cjh and inserting #cjh1 and #cji4 7c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 and section #aajc7;a77#c71 is amended-- 7#a7 by redesignating the items relating to sections #cji and #caj as relating to sections #caj and #caa1 respectively2 and 7#b7 by inserting after the item relating to section #cjh the following new item3 ,sec4 #cji4 ,protections for individuals subject to guardianship4 4 #aaje4 ,expansion and reauthorization of grant program to assure voting access for individuals with disabilities 7a7 ,purposes of payments ,section #bfa7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajba7;b77 is amended by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 making absentee voting and voting at home accessible to individuals with the full range of disabilities 7including impairments involving vision1 hearing1 mobility1 or dexterity7 through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes1 independent living centers1 or other facilities2 7#b7 making polling places1 including the path of travel1 entrances1 exits1 and voting areas of each polling facility1 accessible to individuals with disabilities1 including the blind and visually impaired1 in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 and 7#c7 providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities4 4 7b7 ,reauthorization ,section #bfd7;a7 of such ,act 7#eb ,u4,s4,c4 #bajbd7;a77 is amended by adding at the end the following new paragraph3 7#d7 ,for fiscal year #bjbb and each succeeding fiscal year1 such sums as may be necessary to carry out this part4 4 7c7 ,period of availability of funds ,section #bfd of such ,act 7#eb ,u4,s4,c4 #bajbd7 is amended-- 7#a7 in subsection 7b71 by striking ,any amounts and inserting ,except as provided in subsection 7b71 any amounts2 and 7#b7 by adding at the end the following new subsection3 7c7 ,return and transfer of certain funds 7#a7 ,deadline for obligation and expenditure ,in the case of any amounts appropriated pursuant to the authority of subsection 7a7 for a payment to a ,state or unit of local government for fiscal year #bjbb or any succeeding fiscal year1 any portion of such amounts which have not been obligated or expended by the ,state or unit of local government prior to the expiration of the #d-year period which begins on the date the ,state or unit of local government first received the amounts shall be transferred to the ,commission4 7#b7 ,reallocation of transferred amounts 7,a7 ,in general ,the ,commission shall use the amounts transferred under paragraph 7#a7 to make payments on a pro rata basis to each covered payment recipient described in subparagraph 7,b71 which may obligate and expend such payment for the purposes described in section #bfa7;b7 during the #a-year period which begins on the date of receipt4 7,b7 ,covered payment recipients described ,in subparagraph 7,a71 a covered payment recipient is a ,state or unit of local government with respect to which-- 7i7 amounts were appropriated pursuant to the authority of subsection 7a72 and 7ii7 no amounts were transferred to the ,commission under paragraph 7#a74 4 #aajf4 ,funding for protection and advocacy systems 7a7 ,inclusion of system serving ,american ,indian ,consortium ,section #bia7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfa7;a77 is amended by striking of each ,state and inserting of each ,state and the eligible system serving the ,american ,indian consortium 7within the meaning of section #eji7;c77#a77;,b7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;e7c77#a77;,b7774 7b7 ,grant amount ,section #bia7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfa7;b77 is amended-- 7#a7 by striking as set forth in subsections 7c77#c7 and inserting as set forth in subsections 7c77#a77;,b7 7regardless of the fiscal year71 7c77#c72 and 7#b7 by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection 7c77#c77;,b7 of that section shall not be less than #gj1jjj and the amount of the grants to systems referred to in subsections 7c77#a77;,b7 and 7c77#d77;,b7 of that section shall not be less than #ce1jjj44 #aajg4 ,pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences 7a7 ,establishment of pilot programs ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall1 subject to the availability of appropriations to carry out this section1 make grants to eligible ,states to conduct pilot programs under which individuals with disabilities may use electronic means 7including the internet and telephones utilizing assistive devices7 to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences4 7b7 ,reports 7#a7 ,in general ,a ,state receiving a grant for a year under this section shall submit a report to the ,commission on the pilot programs the ,state carried out with the grant with respect to elections for public office held in the ,state during the year4 7#b7 ,deadline ,a ,state shall submit a report under paragraph 7#a7 not later than #ij days after the last election for public office held in the ,state during the year4 7c7 ,eligibility ,a ,state is eligible to receive a grant under this section if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing such information and assurances as the ,commission may require4 7d7 ,timing ,the ,commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for ,federal office held in #bjbb1 or1 at the option of a ,state1 with respect to other elections for public office held in the ,state in #bjbb4 7e7 ,state defined ,in this section1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #aajh4 ,,gao analysis and report on voting access for individuals with disabilities 7a7 ,analysis ,the ,comptroller ,general of the ,united ,states shall conduct an analysis after each regularly scheduled general election for ,federal office with respect to the following3 7#a7 ,in relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the ,americans with ,disabilities ,act-- 7,a7 efforts to overcome accessibility challenges posed by such facilities2 and 7,b7 the extent to which such facilities are used as polling places in elections for ,federal office4 7#b7 ,assistance provided by the ,election ,assistance ,commission1 ,department of ,justice1 or other ,federal agencies to help ,state and local officials improve voting access for individuals with disabilities during elections for ,federal office4 7#c7 ,when accessible voting machines are available at a polling place1 the extent to which such machines-- 7,a7 are located in places that are difficult to access2 7,b7 malfunction2 or 7,c7 fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual4 7#d7 ,the process by which ,federal1 ,state1 and local governments track compliance with accessibility requirements related to voting access1 including methods to receive and address complaints4 7#e7 ,the extent to which poll workers receive training on how to assist individuals with disabilities1 including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities4 7#f7 ,the extent and effectiveness of training provided to poll workers on the operation of accessible voting machines4 7#g7 ,the extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting1 and whether poll worker training adequately addresses the needs of such individuals4 7#h7 ,the extent to which ,state or local governments employ1 or attempt to employ1 individuals with disabilities to work at polling sites4 7b7 ,report 7#a7 ,in general ,not later than #i months after the date of a regularly scheduled general election for ,federal office1 the ,comptroller ,general shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for ,federal office that contains the following3 7,a7 ,the analysis required by subsection 7a74 7,b7 ,recommendations1 as appropriate1 to promote the use of best practices used by ,state and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for ,federal office4 7#b7 ,appropriate congressional committees ,for purposes of this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,house ,administration of the ,house of ,representatives2 7,b7 the ,committee on ,rules and ,administration of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,senate4 ,c ,early ,voting #abja4 ,early voting 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 and section #aajd7;a71 is amended-- 7#a7 by redesignating sections #caj and #caa as sections #caa and #cab1 respectively2 and 7#b7 by inserting after section #cji the following new section3 #caj4 ,early voting 7a7 ,requiring ,voting ,prior to ,date of ,election ,each election jurisdiction shall allow individuals to vote in an election for ,federal office during an early voting period which occurs prior to the date of the election1 in a manner that allows the individual to receive1 complete1 and cast their ballot in-person4 7b7 ,minimum early voting requirements 7#a7 ,in general 7,a7 ,length of period ,the early voting period required under this subsection with respect to an election shall consist of a period of consecutive days 7including weekends7 which begins on the #aeth day before the date of the election 7or1 at the option of the ,state1 on a day prior to the #aeth day before the date of the election7 and ends no earlier than the second day before the date of the election4 7,b7 ,hours for early voting ,each polling place which allows voting during an early voting period under subparagraph 7,a7 shall-- 7i7 allow such voting for no less than #aj hours on each day during the period2 7ii7 have uniform hours each day for which such voting occurs2 and 7iii7 allow such voting to be held for some period of time prior to #i3jj a4m4 7local time7 and some period of time after #e3jj p4m4 7local time74 7#b7 ,requirements for vote-by-mail jurisdictions ,in the case of a jurisdiction that sends every registered voter a ballot by mail-- 7,a7 paragraph 7#a7 shall not apply2 7,b7 such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of ,election ,day and which includes at least one consecutive ,saturday and ,sunday2 and 7,c7 each polling place which allows voting during an early voting period under subparagraph 7,b7 shall allow such voting-- 7i7 during the election office's regular business hours2 and 7ii7 for a period of not less than #h hours on ,saturdays and ,sundays included in the early voting period4 7#c7 ,requirements for small jurisdictions 7,a7 ,in general ,in the case of a jurisdiction described in subparagraph 7,b71 paragraph 7#a77;,b7 shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote-- 7i7 at each polling place which allows voting during the early voting period described in paragraph 7#a77;,a7-- 7,i7 during the election office's regular business hours2 and 7,,ii7 for a period of not less than #h hours on at least one ,saturday and at least one ,sunday included in the early voting period2 or 7ii7 at one or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph 7#a77;,a7 in accordance with the requirements under paragraph 7#a77;,b74 7,b7 ,jurisdiction described ,a jurisdiction is described in this subparagraph if such jurisdiction-- 7i7 had less than #c1jjj registered voters at the time of the most recent prior election for ,federal office2 and 7ii7 consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located4 7#d7 ,rule of construction ,nothing in this subsection shall be construed-- 7,a7 to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection2 7,b7 to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period2 or 7,c7 to limit a ,state or jurisdiction from offering early voting on the ,monday before ,election ,day4 7c7 ,availability of polling places ,to the greatest extent practicable1 each ,state and jurisdiction shall-- 7#a7 ensure that there are an appropriate number of polling places which allow voting during an early voting period2 and 7#b7 ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote4 7d7 ,location of polling places 7#a7 ,proximity to public transportation ,to the greatest extent practicable1 each ,state and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection 7b7 is located within walking distance of a stop on a public transportation route4 7#b7 ,availability in rural areas ,in the case of a jurisdiction that includes a rural area1 the ,state or jurisdiction shall-- 7,a7 ensure that an appropriate number of polling places 7not less than one7 which allow voting during an early voting period under subsection 7b7 will be located in such rural areas2 and 7,b7 ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period4 7#c7 ,campuses of institutions of higher education ,in the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection 7b77#b7 or a small jurisdiction described in subsection 7b77#c7 and that includes an institution of higher education 7as defined under section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 including a branch campus of such an institution1 the ,state or jurisdiction shall-- 7,a7 ensure that an appropriate number of polling places 7not less than one7 which allow voting during the early voting period under subsection 7b7 will be located on the physical campus of each such institution1 including each such branch campus2 and 7,b7 ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote4 7e7 ,standards ,not later than ,june #cj1 #bjbb1 the ,commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a ,federal election4 ,subject to subsection 7c71 such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs4 7f7 ,ballot processing and scanning requirements 7#a7 ,in general ,each ,state or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is #ad days prior to the date of the election involved1 except that a ,state or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the ,state or jurisdiction begins such processing and scanning ensures1 to the greatest extent practical1 that ballots cast before the date of the election are processed and scanned before the date of the election4 7#b7 ,limitation ,nothing in this subsection shall be construed-- 7,a7 to permit a ,state or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the ,state or jurisdiction and is performed in accordance with existing ,state law2 or 7,b7 to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election4 7g7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 4 7b7 ,conforming amendments relating to issuance of voluntary guidance by ,election ,assistance ,commission ,section #cba7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as redesignated and amended by section #aaja7;b71 is amended-- 7#a7 by striking and at the end of paragraph 7#c72 7#b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#e7 except as provided in paragraph 7#d71 in the case of the recommendations with respect to any section added by the ,freedom to ,vote3 ,john ,r4 ,lewis ,act1 ,june #cj1 #bjbb4 4 7c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 and section #aajd7;c71 is amended-- 7#a7 by redesignating the items relating to sections #caj and #caa as relating to sections #caa and #cab1 respectively2 and 7#b7 by inserting after the item relating to section #cji the following new item3 ,sec4 #caj4 ,early voting4 4 ,d ,voting by ,mail #acja4 ,voting by mail 7a7 ,in general 7#a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 and section #abja7;a71 is amended-- 7,a7 by redesignating sections #caa and #cab as sections #cab and #cac1 respectively2 and 7,b7 by inserting after section #caj the following new section3 #caa4 ,promoting ability of voters to vote by mail 7a7 ,uniform availability of absentee voting to all voters 7#a7 ,in general ,if an individual in a ,state is eligible to cast a vote in an election for ,federal office1 the ,state may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail4 7#b7 ,administration of voting by mail 7,a7 ,prohibiting identification requirement as condition of obtaining or casting ballot ,a ,state may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot1 except that nothing in this subparagraph may be construed to prevent a ,state from requiring-- 7i7 the information required to complete an application for voter registration for an election for ,federal office under section #cjc7;a77#e77;,a71 provided that a ,state may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver's license number or a social security number2 or 7ii7 a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot4 7,b7 ,prohibiting faulty matching requirements for identifying information ,a ,state may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter-- 7i7 on the grounds that the voter provided a different form of identifying information under subparagraph 7,a7 than the voter originally provided when registering to vote or when requesting an absentee ballot2 or 7ii7 due to an error in1 or omission of1 identifying information required by a ,state under subparagraph 7,a71 if such error or omission is not material to an individual's eligibility to vote under section #bjjd7;a77#b77;,b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;a77#b77;,b774 7,c7 ,prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot ,a ,state may not require notarization or witness signature or other formal authentication 7other than voter attestation7 as a condition of obtaining or casting an absentee ballot1 except that nothing in this subparagraph may be construed to prohibit a ,state from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter's signature4 7#c7 ,no effect on identification requirements for first-time voters registering by mail ,nothing in this subsection may be construed to exempt any individual described in paragraph 7#a7 of section #cjc7;b7 from meeting the requirements of paragraph 7#b7 of such section or to exempt an individual described in paragraph 7#e77;,a7 of section #cjc7;b7 from meeting the requirements of paragraph 7#e77;,b74 7b7 ,due process requirements for ,states requiring signature verification 7#a7 ,requirement 7,a7 ,in general ,a ,state may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for ,federal office unless the ,state meets the due process requirements described in paragraph 7#b74 7,b7 ,signature verification requirement described ,in this subsection1 a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the mail-in ballot or absentee ballot with the individual's signature on the official list of registered voters in the ,state or another official record or other document used by the ,state to verify the signatures of voters4 7#b7 ,due process requirements 7,a7 ,notice and opportunity to cure discrepancy in signatures ,if an individual submits a mail-in ballot or an absentee ballot and the appropriate ,state or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters1 such election official1 prior to making a final determination as to the validity of such ballot1 shall-- 7i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7,i7 a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters2 and 7,,ii7 if such discrepancy is not cured prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted2 and 7ii7 cure such discrepancy and count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual provides the official with information to cure such discrepancy1 either in person1 by telephone1 or by electronic methods4 7,b7 ,notice and opportunity to cure missing signature or other defect ,if an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which1 if left uncured1 would cause the ballot to not be counted1 the appropriate ,state or local election official1 prior to making a final determination as to the validity of the ballot1 shall-- 7i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7,i7 the ballot did not include a signature or has some other defect2 and 7,,ii7 if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted2 and 7ii7 count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual provides the official with the missing signature on a form proscribed by the ,state or cures the other defect4 ,this subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot1 as described in subsection 7e74 7,c7 ,other requirements 7i7 ,in general ,an election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the ,state or other official record or other document used by the ,state to verify the signatures of voters unless-- 7,i7 at least #b election officials make the determination2 7,,ii7 each official who makes the determination has received training in procedures used to verify signatures2 and 7,,iii7 of the officials who make the determination1 at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for ,federal office held in the ,state and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for ,federal office held in the ,state4 7ii7 ,exception ,clause 7i77,,iii7 shall not apply to any ,state in which1 under a law that is in effect continuously on and after the date of enactment of this section1 determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party4 7#c7 ,report 7,a7 ,in general ,not later than #abj days after the end of a ,federal election cycle1 each chief ,state election official shall submit to the ,commission a report containing the following information for the applicable ,federal election cycle in the ,state3 7i7 ,the number of ballots invalidated due to a discrepancy under this subsection4 7ii7 ,description of attempts to contact voters to provide notice as required by this subsection4 7iii7 ,description of the cure process developed by such ,state pursuant to this subsection1 including the number of ballots determined valid as a result of such process4 7,b7 ,submission to ,congress ,not later than #aj days after receiving a report under subparagraph 7,a71 the ,commission shall transmit such report to ,congress4 7,c7 ,federal election cycle defined ,for purposes of this subsection1 the term ,federal election cycle means1 with respect to any regularly scheduled election for ,federal office1 the period beginning on the day after the date of the preceding regularly scheduled general election for ,federal office and ending on the date of such regularly scheduled general election4 7#d7 ,rule of construction ,nothing in this subsection shall be construed-- 7,a7 to prohibit a ,state from rejecting a ballot attempted to be cast in an election for ,federal office by an individual who is not eligible to vote in the election2 or 7,b7 to prohibit a ,state from providing an individual with more time and more methods for curing a discrepancy in the individual's signature1 providing a missing signature1 or curing any other defect than the ,state is required to provide under this subsection4 7c7 ,applications for absentee ballots 7#a7 ,in general ,in addition to such other methods as the ,state may establish for an individual to apply for an absentee ballot1 each ,state shall permit an individual to submit an application for an absentee ballot online4 7#b7 ,treatment of websites ,a ,state shall be considered to meet the requirements of paragraph 7#a7 if the website of the appropriate ,state or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual-- 7,a7 to print the application so that the individual may complete the application and return it to the official2 or 7,b7 to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official4 7#c7 ,ensuring delivery prior to election 7,a7 ,in general ,if an individual who is eligible to vote in an election for ,federal office submits an application for an absentee ballot in the election and such application is received by the appropriate ,state or local election official not later than #ac days 7excluding ,saturdays1 ,sundays1 and legal public holidays7 before the date of the election1 the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual4 7,b7 ,applications received close to election day ,if an individual who is eligible to vote in an election for ,federal office submits an application for an absentee ballot in the election and such application is received by the appropriate ,state or local election official after the date described in subparagraph 7,a7 but not later than #g days 7excluding ,saturdays1 ,sundays1 and legal public holidays7 before the date of the election1 the election official shall1 to the greatest extent practical1 ensure that the ballot and related voting materials are mailed to the individual within #a business day of the receipt of the application4 7,c7 ,rule of construction ,nothing in this paragraph shall preclude a ,state or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph 7,b74 7#d7 ,application for all future elections 7,a7 ,in general ,at the option of an individual1 the individual's application to vote by absentee ballot by mail in an election for ,federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for ,federal office held in the ,state4 7,b7 ,duration of treatment 7i7 ,in general ,in the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for ,federal office held in the ,state under subparagraph 7,a71 such treatment shall remain effective until the earlier of such time as-- 7,i7 the individual is no longer registered to vote in the ,state2 or 7,,ii7 the individual provides an affirmative written notice revoking such treatment4 7ii7 ,prohibition on revocation based on failure to vote ,the treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the ,state under subparagraph 7,a7 shall not be revoked on the basis that the individual has not voted in an election4 7d7 ,accessibility for individuals with disabilities ,each ,state shall ensure that all absentee ballot applications1 absentee ballots1 and related voting materials in elections for ,federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation 7including with privacy and independence7 as for other voters4 7e7 ,uniform deadline for acceptance of mailed ballots 7#a7 ,in ,general ,a ,state or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for ,federal office in the ,state on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate ,state or local election official if-- 7,a7 the ballot is postmarked or otherwise indicated by the ,united ,states ,postal ,service to have been mailed on or before the date of the election2 and 7,b7 the ballot is received by the appropriate election official prior to the expiration of the #g-;day period which begins on the date of the election4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to prohibit a ,state from having a law that allows for counting of ballots in an election for ,federal office that are received through the mail after the date that is #g days after the date of the election4 7f7 ,alternative methods of returning ballots ,in addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail1 each ,state shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the ,state may establish1 including-- 7#a7 permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place2 and 7#b7 permitting the individual to deliver the ballot to a designated ballot drop-off location1 a tribally designated building1 or the office of a ,state or local election official4 7g7 ,ballot processing and scanning requirements 7#a7 ,in general ,each ,state or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is #ad days prior to the date of the election involved1 except that a ,state may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the ,state begins such processing and scanning ensures1 to the greatest extent practical1 that ballots cast before the date of the election are processed and scanned before the date of the election4 7#b7 ,limitation ,nothing in this subsection shall be construed-- 7,a7 to permit a ,state to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the ,state and is performed in accordance with existing ,state law2 or 7,b7 to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election4 7h7 ,prohibiting restrictions on distribution of absentee ballot applications by third parties ,a ,state may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election4 7i7 ,rule of construction ,nothing in this section shall be construed to affect the authority of ,states to conduct elections for ,federal office through the use of polling places at which individuals cast ballots4 7j7 ,no effect on ballots submitted by absent military and overseas voters ,nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7k7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 4 7#b7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 and section #abja7;c71 is amended-- 7,a7 by redesignating the items relating to sections #caa and #cab as relating to sections #cab and #cac1 respectively2 and 7,b7 by inserting after the item relating to section #caj the following new item3 ,sec4 #caa4 ,promoting ability of voters to vote by mail4 4 7b7 ,same-day processing of absentee ballots 7#a7 ,in general ,chapter #cd of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cdjg4 ,same-day processing of ballots 7a7 ,in general ,the ,postal ,service shall ensure1 to the maximum extent practicable1 that any ballot carried by the ,postal ,service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office4 7b7 ,definitions ,as used in this section-- 7#a7 the term ballot means any ballot transmitted by a voter by mail in an election for ,federal office1 but does not include any ballot covered by section #cdjf2 and 7#b7 the term election for ,federal office means a general1 special1 primary1 or runoff election for the office of ,president or ,vice ,president1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #cd of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cdjg4 ,same-day processing of ballots4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to absentee ballots relating to an election for ,federal office occurring on or after ,january #a1 #bjbb4 7c7 ,development of alternative verification methods 7#a7 ,development of standards ,the ,national ,institute of ,standards1 in consultation with the ,election ,assistance ,commission1 shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for ,federal office4 7#b7 ,public notice and comment ,the ,national ,institute of ,standards shall solicit comments from the public in the development of standards under paragraph 7#a74 7#c7 ,deadline ,not later than #b years after the date of the enactment of this ,act1 the ,national ,institute of ,standards shall publish the standards developed under paragraph 7#a74 #acjb4 ,balloting materials tracking program 7a7 ,in general 7#a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 and section #acja7;a71 is amended-- 7,a7 by redesignating sections #cab and #cac as sections #cac and #cad1 respectively2 and 7,b7 by inserting after section #caa the following new section3 #cab4 ,ballot materials tracking program 7a7 ,requirement ,each ,state shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for ,federal office under which the ,state or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots1 and makes information on the receipt of such ballots available to the individual who cast the ballot4 7b7 ,means of carrying out program ,a ,state may meet the requirements of subsection 7a7-- 7#a7 through a program-- 7,a7 which is established by the ,state2 7,b7 under which the ,state or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election-- 7i7 carries out procedures to track and confirm the receipt of such ballots2 and 7ii7 makes information on the receipt of such ballots available to the individual who cast the ballot2 and 7,c7 which meets the requirements of subsection 7c72 or 7#b7 through the ballot materials tracking service established under section #acjb7;b7 of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act4 7c7 ,state program requirements ,the requirements of this subsection are as follows3 7#a7 ,information on whether vote was accepted ,the information referred to under subsection 7b77#a77;,b77ii7 with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted1 and1 in the case of a vote which was rejected1 the reasons therefor4 7#b7 ,availability of information ,information on whether a ballot was accepted or rejected shall be available within #a business day of the ,state accepting or rejecting the ballot4 7#c7 ,accessibility of information 7,a7 ,in general ,except as provided under subparagraph 7,b71 the information provided under the program shall be available by means of online access using the internet site of the ,state or local election office4 7,b7 ,use of ,toll-,free ,telephone ,number by ,officials ,without ,internet ,site ,in the case of a ,state or local election official whose office does not have an internet site1 the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection 7b77#a77;,b74 7d7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbd and each succeeding election for ,federal office4 4 7#b7 ,conforming amendments ,section #ajb of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7;a77 is amended by striking subsection 7h7 and redesignating subsection 7i7 as subsection 7h74 7b7 ,balloting materials tracking service 7#a7 ,in general ,not later than ,january #a1 #bjbd1 the ,secretary of ,homeland ,security1 in consultation with the ,chair of the ,election ,assistance ,commission1 the ,postmaster ,general1 the ,director of the ,general ,services ,administration1 the ,presidential designee1 and ,state election officials1 shall establish a balloting materials tracking service to be used by ,state and local jurisdictions to inform voters on the status of voter registration applications1 absentee ballot applications1 absentee ballots1 and mail-in ballots4 7#b7 ,information tracked ,the balloting materials tracking service established under paragraph 7#a7 shall provide to a voter the following information with respect to that voter3 7,a7 ,in the case of balloting materials sent by mail1 tracking information from the ,united ,states ,postal ,service and the ,presidential designee on balloting materials sent to the voter and1 to the extent feasible1 returned by the voter4 7,b7 ,the date on which any request by the voter for an application for voter registration or an absentee ballot was received4 7,c7 ,the date on which any such requested application was sent to the voter4 7,d7 ,the date on which any such completed application was received from the voter and the status of such application4 7,e7 ,the date on which any mail-in ballot or absentee ballot was sent to the voter4 7,f7 ,the date on which any mail-in ballot or absentee ballot was out for delivery to the voter4 7,g7 ,the date on which the post office processes the ballot4 7,h7 ,the date on which the returned ballot was out for delivery to the election office4 7,i7 ,whether such ballot was accepted and counted1 and in the case of any ballot not counted1 the reason why the ballot was not counted4 ,the information described in subparagraph 7,i7 shall be available not later than #a day after a determination is made on whether or not to accept and count the ballot4 7#c7 ,method of providing information ,the balloting materials tracking service established under paragraph 7#a7 shall allow voters the option to receive the information described in paragraph 7#b7 through email 7or other electronic means7 or through the mail4 7#d7 ,public availability of limited information ,information described in subparagraphs 7,e71 7,g71 and 7,i7 of paragraph 7#b7 shall be made available to political parties and voter registration organizations1 at cost to cover the expense of providing such information1 for use1 in accordance with ,state guidelines and procedures1 in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned4 7#e7 ,prohibition on fees ,the ,director may not charge any fee to a ,state or jurisdiction for use of the balloting materials tracking service in connection with any ,federal1 ,state1 or local election4 7#f7 ,presidential designee ,for purposes of this subsection1 the term ,presidential designee means the ,presidential designee under section #aja7;a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #cjbja74 7#g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director such sums as are necessary for purposes of carrying out this subsection4 7c7 ,reimbursement for costs incurred by states in establishing program ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedja et seq47 is amended by adding at the end the following new part3 #g ,payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots #big4 ,payments to states 7a7 ,payments for costs of program ,in accordance with this section1 the ,commission shall make a payment to a ,state to reimburse the ,state for the costs incurred in establishing the absentee ballot tracking program under section #cab7;b77#a7 7including costs incurred prior to the date of the enactment of this part74 7b7 ,certification of compliance and costs 7#a7 ,certification required ,in order to receive a payment under this section1 a ,state shall submit to the ,commission a statement containing-- 7,a7 a certification that the ,state has established an absentee ballot tracking program with respect to elections for ,federal office held in the ,state2 and 7,b7 a statement of the costs incurred by the ,state in establishing the program4 7#b7 ,amount of payment ,the amount of a payment made to a ,state under this section shall be equal to the costs incurred by the ,state in establishing the absentee ballot tracking program1 as set forth in the statement submitted under paragraph 7#a71 except that such amount may not exceed the product of-- 7,a7 the number of jurisdictions in the ,state which are responsible for operating the program2 and 7,b7 #c1jjj4 7#c7 ,limit on number of payments received ,a ,state may not receive more than one payment under this part4 #big;,a4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated to the ,commission for fiscal year #bjbb and each succeeding fiscal year such sums as may be necessary for payments under this part4 7b7 ,continuing availability of funds ,any amounts appropriated pursuant to the authorization under this section shall remain available until expended4 4 7d7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 and section #acja7;a71 is amended-- 7#a7 by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,,part #g--,payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots ,sec4 #big4 ,payments to states4 ,sec4 #big;,a4 ,authorization of appropriations4 2 7#b7 by redesignating the items relating to sections #cab and #cac as relating to sections #cac and #cad1 respectively2 and 7#c7 by inserting after the item relating to section #caa the following new item3 ,sec4 #cab4 ,absentee ballot tracking program4 4 #acjc4 ,election mail and delivery improvements 7a7 ,postmark required for ballots 7#a7 ,in general ,chapter #cd of title #ci1 ,united ,states ,code1 as amended by section #acja7;b71 is amended by adding at the end the following3 #cdjh4 ,postmark required for ballots 7a7 ,in general ,in the case of any absentee ballot carried by the ,postal ,service1 the ,postal ,service shall indicate on the ballot envelope1 using a postmark or otherwise-- 7#a7 the fact that the ballot was carried by the ,postal ,service2 and 7#b7 the date on which the ballot was mailed4 7b7 ,definitions ,as used in this section-- 7#a7 the term absentee ballot means any ballot transmitted by a voter by mail in an election for ,federal office1 but does not include any ballot covered by section #cdjf2 and 7#b7 the term election for ,federal office means a general1 special1 primary1 or runoff election for the office of ,president or ,vice ,president1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #cd of title #ci1 ,united ,states ,code1 as amended by section #acja7;b71 is amended by adding at the end the following3 #cdjh4 ,postmark required for ballots4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to absentee ballots relating to an election for ,federal office occurring on or after ,january #a1 #bjbb4 7b7 ,greater visibility for ballots 7#a7 ,in general ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 and section #acjb7;a71 is amended-- 7,a7 by redesignating sections #cac and #cad as sections #cad and #cae1 respectively2 and 7,b7 by inserting after section #cab the following new section3 #cac4 ,ballot visibility 7a7 ,in general ,each ,state or local election official shall-- 7#a7 affix ,tag #aia1 ,domestic and ,international ,mail-,in ,ballots 7or any successor tag designated by the ,united ,states ,postal ,service71 to any tray or sack of official ballots relating to an election for ,federal office that is destined for a domestic or international address2 7#b7 use the ,official ,election ,mail logo to designate official ballots relating to an election for ,federal office that is destined for a domestic or international address2 and 7#c7 if an intelligent mail barcode is utilized for any official ballot relating to an election for ,federal office that is destined for a domestic or international address1 ensure the specific ballot service type identifier for such mail is visible4 7b7 ,effective date ,the requirements of this section shall apply to elections for ,federal office occurring on and after ,january #a1 #bjbb4 4 7#b7 ,voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b7 and as amended by sections #aajb1 #aajc and #aajd1 is amended by striking and #cji and inserting #cji1 and #cac4 7#c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;a71 and section #acjb7;a71 is amended-- 7,a7 by redesignating the items relating to sections #cac and #cad as relating to sections #cad and #cae2 and 7,b7 by inserting after the item relating to section #cab the following new item3 ,sec4 #cac4 ,ballot visibility4 4 #acjd4 ,carriage of election mail 7a7 ,treatment of election mail 7#a7 ,treatment as first-class mail2 free postage ,chapter #cd of title #ci1 ,united ,states ,code1 as amended by section #acja7;b7 and section #acjc7;a71 is amended by adding at the end the following3 #cdji4 ,domestic election mail2 restriction of operational changes prior to elections 7a7 ,definition ,in this section1 the term election mail means-- 7#a7 a blank or completed voter registration application form1 voter registration card1 or similar materials1 relating to an election for ,federal office2 7#b7 a blank or completed absentee and other mail-in ballot application form1 and a blank or completed absentee or other mail-in ballot1 relating to an election for ,federal office1 and 7#c7 other materials relating to an election for ,federal office that are mailed by a ,state or local election official to an individual who is registered to vote4 7b7 ,carriage of election mail ,election mail 7other than balloting materials covered under section #cdjf 7relating to the ,uniformed and ,overseas ,absentee ,voting ,act771 individually or in bulk1 shall be carried in accordance with the service standards established for first-class mail under section #cfia4 7c7 ,no postage required for completed ballots ,completed absentee or other mail-in ballots 7other than balloting materials covered under section #cdjf 7relating to the ,uniformed and ,overseas ,absentee ,voting ,act77 shall be carried free of postage4 7d7 ,restriction of operational changes ,during the #abj-;day period which ends on the date of an election for ,federal office1 the ,postal ,service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail4 ,this subsection applies to operational changes which include-- 7#a7 removing or eliminating any mail collection box without immediately replacing it2 and 7#b7 removing1 decommissioning1 or any other form of stopping the operation of mail sorting machines1 other than for routine maintenance4 7e7 ,election mail coordinator ,the ,postal ,service shall appoint an ,election ,mail ,coordinator at each area office and district office to facilitate relevant information sharing with ,state1 territorial1 local1 and ,tribal election officials in regards to the mailing of election mail4 4 7#b7 ,reimbursement of ,postal ,service for revenue forgone ,section #bdja7;c7 of title #ci1 ,united ,states ,code1 is amended by striking sections #cbag and #cdjc through #cdjf and inserting sections #cbag1 #cdjc through #cdjf1 and #cdji4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cd of title #ci1 ,united ,states ,code1 as amended by section #acja7;b7 and section #acjc7;a71 is amended by adding at the end the following3 #cdji4 ,domestic election mail2 restriction of operational changes prior to elections4 4 7c7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #ahj-;day period which begins on the date of the enactment of this section4 #acje4 ,requiring ,states to provide secured drop boxes for voted ballots in elections for ,federal office 7a7 ,requirement ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 section #acjb7;a71 and section #acjc7;b7 is amended-- 7#a7 by redesignating sections #cad and #cae as sections #cae and #caf1 respectively2 and 7#b7 by inserting after section #cac the following new section3 #cad4 ,use of secured drop boxes for voted ballots 7a7 ,requiring use of drop boxes ,each jurisdiction shall provide in-person1 secured1 and clearly labeled drop boxes at which individuals may1 at any time during the period described in subsection 7b71 drop off voted ballots in an election for ,federal office4 7b7 ,minimum period for availability of drop boxes ,the period described in this subsection is1 with respect to an election1 the period which begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots 7other than ballots for absent uniformed overseas voters 7as defined in section #ajg7a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcaj7a777 or overseas voters 7as defined in section #ajg7e7 of such ,act 7#eb ,u4,s4,c4 #bjcaj7e7777 to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved4 7c7 ,accessibility 7#a7 ,hours of access 7,a7 ,in general ,except as provided in subparagraph 7,b71 each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day4 7,b7 #bd-;hour drop boxes 7i7 ,in general ,of the number of drop boxes provided in any jurisdiction1 not less the required number shall be accessible for #bd-;hours per day during the period described in subsection 7b74 7ii7 ,required number ,the required number is the greater of-- 7,i7 #be percent of the drop boxes required under subsection 7d72 or 7,,ii7 #a drop box4 7#b7 ,population 7,a7 ,in general ,drop boxes provided under this section shall be accessible for use-- 7i7 by individuals with disabilities1 as determined in consultation with the protection and advocacy systems 7as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb77 of the ,state2 7ii7 by individuals with limited proficiency in the ,english language2 and 7iii7 by homeless individuals 7as defined in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb77 within the ,state4 7,b7 ,determination of accessibility for individuals with disabilities ,for purposes of this paragraph1 drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the ,attorney ,general may establish for such purposes4 7,c7 ,rule of construction ,if a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection 7b71 nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities1 individuals with limited proficiency in the ,english language1 or homeless individuals4 7d7 ,number of drop boxes ,each jurisdiction shall have-- 7#a7 in the case of any election for ,federal office prior to the regularly scheduled general election for ,federal office held in ,november #bjbd1 not less than #a drop box for every #de1jjj registered voters located in the jurisdiction2 and 7#b7 in the case of the regularly scheduled general election for ,federal office held in ,november #bjbd and each election for ,federal office occurring thereafter1 not less than the greater of-- 7,a7 #a drop box for every #de1jjj registered voters located in the jurisdiction2 or 7,b7 #a drop box for every #ae1jjj votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of ,president4 ,in no case shall a jurisdiction have less than #a drop box for any election for ,federal office4 7e7 ,location of drop boxes ,the ,state shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are-- 7#a7 available to all voters on a non-discriminatory basis2 7#b7 accessible to voters with disabilities 7in accordance with subsection 7c772 7#c7 accessible by public transportation to the greatest extent possible2 7#d7 available during all hours of the day2 7#e7 sufficiently available in all communities in the jurisdiction1 including rural communities and on ,tribal lands within the jurisdiction 7subject to subsection 7f772 and 7#f7 geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner4 7f7 ,timing of scanning and processing of ballots ,for purposes of section #caa7;g7 7relating to the timing of the processing and scanning of ballots for tabulation71 a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail4 7g7 ,posting of information ,on or adjacent to each drop box provided under this section1 the ,state shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election4 7h7 ,remote surveillance ,nothing in this section shall prohibit a ,state from providing for the security of drop boxes through remote or electronic surveillance4 7i7 ,rules for drop boxes on tribal lands ,in applying this section with respect to ,tribal lands in a jurisdiction1 the appropriate ,state and local election officials shall meet the applicable requirements of the ,frank ,harrison1 ,elizabeth ,peratrovich1 and ,miguel ,trujillo ,native ,american ,voting ,rights ,act of #bjba4 7j7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 4 7b7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;c71 section #acjb7;a71 and section #acjc7;b71 is amended-- 7#a7 by redesignating the items relating to sections #cad and #cae as relating to sections #cae and #caf1 respectively2 and 7#b7 by inserting after the item relating to section #cac the following new item3 ,sec4 #cad4 ,use of secured drop boxes for voted absentee ballots4 4 ,e ,absent ,uniformed ,services ,voters and ,overseas ,voters #adja4 ,pre-election reports on availability and transmission of absentee ballots ,section #ajb7;c7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7;c77 is amended to read as follows3 7c7 ,reports on ,availability1 transmission1 and receipt of absentee ballots 7#a7 ,pre-election report on absentee ballot availability ,not later than #ee days before any regularly scheduled general election for ,federal office1 each ,state shall submit a report to the ,attorney ,general certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than #df days before the election4 ,the report shall be in a form prescribed by the ,attorney ,general and shall require the ,state to certify specific information about ballot availability from each unit of local government which will administer the election4 7#b7 ,pre-election report on absentee ballots transmitted 7,a7 ,in general ,not later than #dc days before any election for ,federal office held in a ,state1 the chief ,state election official of such ,state shall submit a report containing the information in subparagraph 7,b7 to the ,attorney ,general4 7,b7 ,information reported ,the report under subparagraph 7,a7 shall consist of the following3 7i7 ,the total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the #dgth day before the election by each unit of local government within the ,state that will transmit absentee ballots4 7ii7 ,the total number of ballots transmitted to such voters by the #dfth day before the election by each unit of local government within the ,state that will administer the election4 7iii7 ,specific information about any late transmitted ballots4 7,c7 ,requirement to supplement incomplete information ,if the report under subparagraph 7,a7 has incomplete information on any items required to be included in the report1 the chief ,state election official shall make all reasonable efforts to expeditiously supplement the report with complete information4 7,d7 ,format ,the report under subparagraph 7,a7 shall be in a format prescribed by the ,attorney ,general in consultation with the chief ,state election officials of each ,state4 7#c7 ,post-election report on number of absentee ballots transmitted and received ,not later than #ij days after the date of each regularly scheduled general election for ,federal office1 each ,state and unit of local government which administered the election shall 7through the ,state1 in the case of a unit of local government7 submit a report to the ,election ,assistance ,commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election1 and shall make such report available to the general public that same day4 4 #adjb4 ,enforcement 7a7 ,availability of civil penalties and private rights of action ,section #aje of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjg7 is amended to read as follows3 #aje4 ,enforcement 7a7 ,action by ,attorney ,general ,the ,attorney ,general may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title4 7b7 ,private right of action ,a person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title4 7c7 ,state as only necessary defendant ,in any action brought under this section1 the only necessary party defendant is the ,state1 and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant1 notwithstanding that a ,state has exercised the authority described in section #egf of the ,military and ,overseas ,voter ,empowerment ,act to delegate to another jurisdiction in the ,state any duty or responsibility which is the subject of an action brought under this section4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this ,act4 #adjc4 ,transmission requirements2 repeal of waiver provision 7a7 ,in general ,paragraph 7#h7 of section #ajb7;a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7;a77 is amended to read as follows3 7#h7 transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection 7g72 4 7b7 ,ballot transmission requirements and repeal of waiver provision ,subsection 7g7 of section #ajb of such ,act 7#eb ,u4,s4,c4 #bjcjb7;g77 is amended to read as follows3 7g7 ,ballot transmission requirements 7#a7 ,in general ,for purposes of subsection 7a77#h71 in the case in which a valid request for an absentee ballot is received at least #dg days before an election for ,federal office1 the following rules shall apply3 7,a7 ,transmission deadline ,the ,state shall transmit the absentee ballot not later than #df days before the election4 7,b7 ,special rules in case of failure to transmit on time 7i7 ,in general ,if the ,state fails to transmit any absentee ballot by the #dfth day before the election as required by subparagraph 7,a7 and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection 7f71 the ,state shall transmit such ballot by express delivery4 7ii7 ,extended failure ,if the ,state fails to transmit any absentee ballot by the #dast day before the election1 in addition to transmitting the ballot as provided in clause 7i71 the ,state shall-- 7,i7 in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections1 notify such voters of the procedures established under section #ajc;,a for the collection and delivery of marked absentee ballots2 and 7,,ii7 in any other case1 provide for the return of such ballot by express delivery4 7iii7 ,cost of express delivery ,in any case in which express delivery is required under this subparagraph1 the cost of such express delivery-- 7,i7 shall not be paid by the voter2 and 7,,ii7 if determined appropriate by the chief ,state election official1 may be required by the ,state to be paid by a local jurisdiction4 7iv7 ,exception ,clause 7ii77,,ii7 shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a ,state that permits return of an absentee ballot by electronic transmission4 7v7 ,enforcement ,a ,state's compliance with this subparagraph does not bar the ,attorney ,general from seeking additional remedies necessary to fully resolve or prevent ongoing1 future1 or systematic violations of this provision or to effectuate the purposes of this ,act4 7,c7 ,special procedure in event of disaster ,if a disaster 7hurricane1 tornado1 earthquake1 storm1 volcanic eruption1 landslide1 fire1 flood1 or explosion71 or an act of terrorism prevents the ,state from transmitting any absentee ballot by the #dfth day before the election as required by subparagraph 7,a71 the chief ,state election official shall notify the ,attorney ,general as soon as practicable and take all actions necessary1 including seeking any necessary judicial relief1 to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted4 7#b7 ,requests received after #dgth day before election ,for purposes of subsection 7a77#h71 in the case in which a valid request for an absentee ballot is received less than #dg days but not less than #cj days before an election for ,federal office1 the ,state shall transmit the absentee ballot within one business day of receipt of the request4 4 #adjd4 ,use of single absentee ballot application for subsequent elections 7a7 ,in general ,section #ajd of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjf7 is amended to read as follows3 #ajd4 ,treatment of ballot requests 7a7 ,in general ,if a ,state accepts and processes an official post card form 7prescribed under section #aja7 submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application 7in accordance with section #ajb7;a77#d77 and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for ,federal office held in the ,state through the end of the calendar year following the next regularly scheduled general election for ,federal office1 the ,state shall provide an absentee ballot to the voter for each such subsequent election4 7b7 ,exception for voters changing registration ,subsection 7a7 shall not apply with respect to a voter registered to vote in a ,state for any election held after the voter notifies the ,state that the voter no longer wishes to be registered to vote in the ,state or after the ,state determines that the voter has registered to vote in another ,state or is otherwise no longer eligible to vote in the ,state4 7c7 ,prohibition of refusal of application on grounds of early submission ,a ,state may not refuse to accept or to process1 with respect to any election for ,federal office1 any otherwise valid voter registration application or absentee ballot application 7including the postcard form prescribed under section #aja7 submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the ,state otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens4 4 7b7 ,requirement for revision to postcard form 7#a7 ,in general ,the ,presidential designee shall ensure that the official postcard form prescribed under section #aja7;b77#b7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja7;b77#b77 enables a voter using the form to-- 7,a7 request an absentee ballot for each election for ,federal office held in a ,state through the end of the calendar year following the next regularly scheduled general election for ,federal office2 or 7,b7 request an absentee ballot for a specific election or elections for ,federal office held in a ,state during the period described in subparagraph 7,a74 7#b7 ,presidential designee ,for purposes of this paragraph1 the term ,presidential designee means the individual designated under section #aja7;a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja7;a774 7c7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to voter registration and absentee ballot applications which are submitted to a ,state or local election official on or after the date of the enactment of this ,act4 #adje4 ,extending guarantee of residency for voting purposes to family members of absent military personnel ,section #ajb of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb71 as amended by section #acjb1 is amended by adding at the end the following new subsection3 7i7 ,guarantee of residency for spouses and dependents of absent members of uniformed service ,for the purposes of voting in any election for any ,federal office or any ,state or local office1 a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph 7,a7 or 7,b7 of section #ajg7a7 shall not1 solely by reason of that individual's absence and without regard to whether or not such spouse or dependent is accompanying that individual-- 7#a7 be deemed to have lost a residence or domicile in that ,state1 without regard to whether or not that individual intends to return to that ,state2 7#b7 be deemed to have acquired a residence or domicile in any other ,state2 or 7#c7 be deemed to have become a resident in or a resident of any other ,state4 4 #adjf4 ,technical clarifications to conform to ,military and ,overseas ,voter ,empowerment ,act amendments related to the ,federal write-in absentee ballot 7a7 ,in general ,section #ajb7;a77#c7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7;a77#c77 is amended by striking general elections and inserting general1 special1 primary1 and runoff elections4 7b7 ,conforming amendment ,section #ajc of such ,act 7#eb ,u4,s4,c4 #bjcjc7 is amended-- 7#a7 in subsection 7b77#b77;,b71 by striking general2 and 7#b7 in the heading thereof1 by striking general4 #adjg4 ,treatment of post card registration requests ,section #ajb of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb71 as amended by sections #acjb and #adje1 is amended by adding at the end the following new subsection3 7j7 ,treatment of post card registrations ,a ,state shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official post card form 7prescribed under section #aja7 from the official list of registered voters except in accordance with subparagraph 7,a71 7,b71 or 7,c7 of section #h7;a77#c7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg74 4 #adjh4 ,presidential designee report on voter disenfranchisement 7a7 ,in general ,not later than #a year of enactment of this ,act1 the ,presidential designee shall submit to ,congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote1 how quickly their votes are counted1 and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for ,federal elections4 7b7 ,presidential designee ,for purposes of this section1 the term ,presidential designee means the individual designated under section #aja7;a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja7;a774 #adji4 ,effective date ,except as provided in section #adjb7;b7 and section #adjd7;c71 the amendments made by this subtitle shall apply with respect to elections occurring on or after ,january #a1 #bjbb4 ,f ,enhancement of ,enforcement #aeja4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb 7a7 ,complaints2 availability of private right of action ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa7 is amended-- 7#a7 by striking ,the ,attorney ,general and inserting 7a7 ,in ,general4--,the ,attorney ,general2 and 7#b7 by adding at the end the following new subsections3 7b7 ,filing of ,complaints by ,aggrieved ,persons ,a person who is aggrieved by a violation of title ,,iii that impairs their ability to cast a ballot or a provisional ballot1 to register or maintain one's registration to vote1 or to vote on a voting system meeting the requirements of such title1 which has occurred1 is occurring1 or is about to occur may file a written1 signed1 and notarized complaint with the ,attorney ,general describing the violation and requesting the ,attorney ,general to take appropriate action under this section4 ,the ,attorney ,general shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the ,state-based administrative complaint procedures described in section #djb7;a7 for the ,state involved4 7c7 ,availability of private right of action ,any person who is authorized to file a complaint under subsection 7b7 7including any individual who seeks to enforce the individual's right to a voter-verifiable paper ballot1 the right to have the voter-verifiable paper ballot counted in accordance with this ,act1 or any other right under title ,,iii7 may file an action under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle ,a of title ,,iii4 7d7 ,no effect on ,state procedures ,nothing in this section may be construed to affect the availability of the ,state-based administrative complaint procedures required under section #djb to any person filing a complaint under this subsection4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to violations occurring with respect to elections for ,federal office held in #bjbb or any succeeding year4 ,g ,promoting ,voter ,access ,through ,election ,administration ,modernization ,improvements #a ,promoting ,voter ,access #afja4 ,minimum notification requirements for voters affected by polling place changes 7a7 ,requirements ,section #cjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,minimum notification requirements for voters affected by polling place changes 7#a7 ,requirement for precinct-based polling 7,a7 ,in general ,if an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for ,federal office in which the individual was eligible to vote-- 7i7 the appropriate election official shall1 not later than #b days before the beginning of an early voting period-- 7,i7 notify the individual of the location of the polling place2 and 7,,ii7 post a general notice on the website of the ,state or jurisdiction1 on social media platforms 7if available71 and on signs at the prior polling place2 and 7ii7 if such assignment is made after the date which is #b days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned1 the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot4 7,b7 ,applicable individual ,for purposes of subparagraph 7,a71 the term applicable individual means1 with respect to any election for ,federal office1 any individual-- 7i7 who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for ,federal office2 and 7ii7 whose voter registration address has not changed since such most recent past election for ,federal office4 7,c7 ,methods of notification ,the appropriate election official shall notify an individual under clause 7i77,i7 of subparagraph 7,a7 by mail1 telephone1 and 7if available7 text message and electronic mail4 7#b7 ,requirements for vote centers ,in the case of a jurisdiction in which individuals are not assigned to specific polling places1 not later than #b days before the beginning of an early voting period1 the appropriate election official shall notify each individual eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote4 7#c7 ,notice with respect to closed polling places 7,a7 ,in general ,if a location which served as a polling place for an election for ,federal office in a ,state does not serve as a polling place in the next election for ,federal office held in the ,state1 the ,state shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information3 7i7 ,a statement that the location is not serving as a polling place in the election4 7ii7 ,the locations serving as polling places in the election in the jurisdiction involved4 7iii7 ,the name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place4 7iv7 ,contact information1 including a telephone number and website1 for the appropriate ,state or local election official through which an individual may find the polling place to which the individual is assigned for the election4 7,b7 ,internet posting ,each ,state which is required to post signs under subparagraph 7,a7 shall also provide such information through a website and through social media 7if available74 7#d7 ,linguistic preference ,the notices required under this subsection shall comply with the requirements of section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 7#e7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment ,section #cjb7;e7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;e771 as redesignated by subsection 7a71 is amended by striking ,each ,state and inserting ,except as provided in subsection 7d77#d71 each ,state4 #afjb4 ,applicability to ,commonwealth of the ,northern ,mariana ,islands ,paragraphs 7#f7 and 7#h7 of section #ajg of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcaj7 are each amended by striking and ,american ,samoa and inserting ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #afjc4 ,elimination of #ad-;day time period between general election and runoff election for ,federal elections in the ,virgin ,islands and ,guam ,section #b of the ,act entitled ,an ,act to provide that the unincorporated territories of ,guam and the ,virgin ,islands shall each be represented in ,congress by a ,delegate to the ,house of ,representatives1 approved ,april #aj1 #aigb 7#dh ,u4,s4,c4 #agab71 is amended-- 7#a7 by striking 7a7 ,the ,delegate and inserting ,the ,delegate2 7#b7 by striking on the fourteenth day following such an election in the fourth sentence of subsection 7a72 and 7#c7 by striking subsection 7b74 #afjd4 ,application of ,federal election administration laws to territories of the ,united ,states 7a7 ,national ,voter ,registration ,act of #aiic ,section #c7d7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejb7d77 is amended by striking ,states and the ,district of ,columbia and inserting ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,help ,america ,vote ,act of #bjjb 7#a7 ,coverage of ,commonwealth of the ,northern ,mariana ,islands ,section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada7 is amended by striking and the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#b7 ,conforming amendments to ,help ,america ,vote ,act of #bjjb ,such ,act is further amended as follows3 7,a7 ,the second sentence of section #bac7;a77#b7 7#eb ,u4,s4,c4 #bjidc7;a77#b77 is amended by striking and ,american ,samoa and inserting ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,section #beb7;c77#b7 7#eb ,u4,s4,c4 #bajjb7;c77#b77 is amended by striking or the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands4 7#c7 ,conforming amendment relating to consultation of ,help ,america ,vote ,foundation with local election officials ,section #ijajb7;c7 of title #cf1 ,united ,states ,code1 is amended by striking and the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #afje4 ,application of ,federal voter protection laws to territories of the ,united ,states 7a7 ,intimidation of voters ,section #eid of title #ah1 ,united ,states ,code1 is amended by striking ,delegate from the ,district of ,columbia1 or ,resident ,commissioner1 and inserting or ,delegate or ,resident ,commissioner to the ,congress4 7b7 ,interference by government employees ,section #eie of title #ah1 ,united ,states ,code1 is amended by striking ,delegate from the ,district of ,columbia1 or ,resident ,commissioner1 and inserting or ,delegate or ,resident ,commissioner to the ,congress4 7c7 ,voting by noncitizens ,section #faa7;a7 of title #ah1 ,united ,states ,code1 is amended by striking ,delegate from the ,district of ,columbia1 or ,resident ,commissioner1 and inserting or ,delegate or ,resident ,commissioner to the ,congress4 #afjf4 ,ensuring equitable and efficient operation of polling places 7a7 ,in general 7#a7 ,requirement ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 and section #acje7;a71 is amended-- 7,a7 by redesignating sections #cae and #caf as sections #caf and #cag1 respectively2 and 7,b7 by inserting after section #cad the following new section3 #cae4 ,ensuring equitable and efficient operation of polling places 7a7 ,preventing unreasonable waiting times for voters 7#a7 ,in general ,each ,state or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems1 poll workers1 and other election resources 7including physical resources7 at a polling place used in any election for ,federal office1 including a polling place at which individuals may cast ballots prior to the date of the election1 to ensure-- 7,a7 a fair and equitable waiting time for all voters in the ,state or jurisdiction2 and 7,b7 that no individual will be required to wait longer than #cj minutes to cast a ballot at the polling place4 7#b7 ,criteria ,in determining the number of voting systems1 poll workers1 and other election resources provided at a polling place for purposes of paragraph 7#a71 the ,state or jurisdiction shall take into account the following factors3 7,a7 ,the voting age population4 7,b7 ,voter turnout in past elections4 7,c7 ,the number of voters registered4 7,d7 ,the number of voters who have registered since the most recent ,federal election4 7,e7 ,census data for the population served by the polling place1 such as the proportion of the voting-age population who are under #be years of age or who are naturalized citizens4 7,f7 ,the needs and numbers of voters with disabilities and voters with limited ,english proficiency4 7,g7 ,the type of voting systems used4 7,h7 ,the length and complexity of initiatives1 referenda1 and other questions on the ballot4 7,i7 ,such other factors1 including relevant demographic factors relating to the population served by the polling place1 as the ,state considers appropriate4 7#c7 ,rule of construction ,nothing in this subsection may be construed-- 7,a7 to authorize a ,state or jurisdiction to meet the requirements of this subsection by closing any polling place1 prohibiting an individual from entering a line at a polling place1 or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place2 or 7,b7 to limit the use of mobile voting centers4 7b7 ,limiting variations on number of hours of operation of polling places within a ,state 7#a7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#b71 each ,state shall establish hours of operation for all polling places in the ,state on the date of any election for ,federal office held in the ,state such that the polling place with the greatest number of hours of operation on such date is not in operation for more than #b hours longer than the polling place with the fewest number of hours of operation on such date4 7,b7 ,permitting variance on basis of population ,subparagraph 7,a7 does not apply to the extent that the ,state establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population 7as the ,state may select7 of the unit of local government in which such polling places are located4 7#b7 ,exceptions for polling places with hours established by units of local government ,paragraph 7#a7 does not apply in the case of a polling place-- 7,a7 whose hours of operation are established1 in accordance with ,state law1 by the unit of local government in which the polling place is located2 or 7,b7 which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established4 7c7 ,ensuring access to polling places for voters 7#a7 ,proximity to public transportation ,to the greatest extent practicable1 each ,state and jurisdiction shall ensure that each polling place used on the date of the election is located within walking distance of a stop on a public transportation route4 7#b7 ,availability in rural areas ,in the case of a jurisdiction that includes a rural area1 the ,state or jurisdiction shall-- 7,a7 ensure that an appropriate number of polling places 7not less than one7 used on the date of the election will be located in such rural areas2 and 7,b7 ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote on ,election ,day4 7#c7 ,campuses of institutions of higher education ,in the case of a jurisdiction that is not considered a vote by mail jurisdiction described in section #caj7;b77#b7 or a small jurisdiction described in section #caj7;b77#c7 and that includes an institution of higher education 7as defined under section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 including a branch campus of such an institution1 the ,state or jurisdiction shall-- 7,a7 ensure that an appropriate number of polling places 7not less than one7 used on the date of the election will be located on the physical campus of each such institution1 including each such branch campus2 and 7,b7 ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote4 7d7 ,effective date ,this section shall take effect upon the expiration of the #ahj-;day period which begins on the date of the enactment of this subsection4 4 7#b7 ,conforming amendments relating to issuance of voluntary guidance by ,election ,assistance ,commission ,section #cba7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as redesignated and amended by section #aaja7;b7 and as amended by sections1 #aajb1 #aajc1 #aajd1 and #abja1 is amended-- 7,a7 by striking and at the end of paragraph 7#d72 7,b7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,c7 in paragraph 7#f71 as so redesignated1 by striking paragraph 7#d7 and inserting paragraph 7#d7 or 7#e72 and 7,d7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 in the case of the recommendations with respect to section #cae1 #ahj days after the date of the enactment of such section2 and 4 7#c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 and section #acje7;b71 is amended-- 7,a7 by redesignating the items relating to sections #cae and #caf as relating to sections #caf and #cag1 respectively2 and 7,b7 by inserting after the item relating to section #cad the following new item3 ,sec4 #cae4 ,ensuring equitable and efficient operation of polling places4 4 7b7 ,study of methods to enforce fair and equitable waiting times 7#a7 ,study ,the ,election ,assistance ,commission and the ,comptroller ,general of the ,united ,states shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section #cae7;a7 of the ,help ,america ,vote ,act of #bjjb1 as added by subsection 7a71 including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters1 and to communities of color in particular4 7#b7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,election ,assistance ,commission and the ,comptroller ,general of the ,united ,states shall publish and submit to ,congress a report on the study conducted under paragraph 7#a74 #afjg4 ,prohibiting ,states from restricting curbside voting 7a7 ,requirement ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 and section #afjf7;a77#a71 is amended-- 7#a7 by redesignating sections #caf and #cag as sections #cag and #cah1 respectively2 and 7#b7 by inserting after section #cae the following new section3 #caf4 ,prohibiting ,states from restricting curbside voting 7a7 ,prohibition ,a ,state may not-- 7#a7 prohibit any jurisdiction administering an election for ,federal office in the ,state from utilizing curbside voting as a method by which individuals may cast ballots in the election2 or 7#b7 impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by such method4 7b7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 4 7b7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 and section #afjf7;a77#c71 is amended-- 7#a7 by redesignating the items relating to sections #caf and #cag as relating to sections #cag and #cah1 respectively2 and 7#b7 by inserting after the item relating to section #cae the following new item3 ,sec4 #caf4 ,prohibiting ,states from restricting curbside voting4 4 #b ,improvements in ,operation of ,election ,assistance ,commission #afaa4 ,reauthorization of ,election ,assistance ,commission ,section #baj of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjicj7 is amended-- 7#a7 by striking for each of the fiscal years #bjjc through #bjje and inserting for fiscal year #bjbb and each succeeding fiscal year2 and 7#b7 by striking 7but not to exceed #aj1jjj1jjj for each such year74 #afab4 ,recommendations to improve operations of ,election ,assistance ,commission 7a7 ,assessment of information technology and cybersecurity ,not later than ,june #cj1 #bjbb1 the ,election ,assistance ,commission shall carry out an assessment of the security and effectiveness of the ,commission's information technology systems1 including the cybersecurity of such systems4 7b7 ,improvements to administrative complaint procedures 7#a7 ,review of procedures ,the ,election ,assistance ,commission shall carry out a review of the effectiveness and efficiency of the ,state-based administrative complaint procedures established and maintained under section #djb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaab7 for the investigation and resolution of allegations of violations of title ,,iii of such ,act4 7#b7 ,recommendations to streamline procedures ,not later than ,june #cj1 #bjbb1 the ,commission shall submit to ,congress a report on the review carried out under paragraph 7#a71 and shall include in the report such recommendations as the ,commission considers appropriate to streamline and improve the procedures which are the subject of the review4 #afac4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements 7a7 ,in general ,section #bje of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibe7 is amended by striking subsection 7e74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to contracts entered into by the ,election ,assistance ,commission on or after the date of the enactment of this ,act4 #c ,miscellaneous ,provisions #afba4 ,definition of election for ,federal office 7a7 ,definition ,title ,,ix of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada et seq47 is amended by adding at the end the following new section3 #ijg4 ,election for ,federal office defined ,for purposes of titles ,i through ,,iii1 the term election for ,federal office means a general1 special1 primary1 or runoff election for the office of ,president or ,vice ,president1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,ix the following new item3 ,sec4 #ijg4 ,election for ,federal office defined4 4 #afbb4 ,no effect on other laws 7a7 ,in general ,except as specifically provided1 nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws1 or to supersede1 restrict1 or limit the application of such laws3 7#a7 ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjaja et seq474 7#c7 ,the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7#d7 ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq474 7#e7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#f7 ,the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 7b7 ,no effect on preclearance or other requirements under ,voting ,rights ,act ,the approval by any person of a payment or grant application under this title1 or any other action taken by any person under this title1 shall not be considered to have any effect on requirements for preclearance under section #e of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjd7 or any other requirements of such ,act4 7c7 ,no effect on authority of ,states ,to provide greater opportunities for voting ,nothing in this title or the amendments made by this title may be construed to prohibit any ,state from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for ,federal office than are provided by this title and the amendments made by this title4 #afbc4 ,clarification of exemption for ,states without voter registration ,to the extent that any provision of this title or any amendment made by this title imposes a requirement on a ,state relating to registering individuals to vote in elections for ,federal office1 such provision shall not apply in the case of any ,state in which1 under law that is in effect continuously on and after the date of the enactment of this ,act1 there is no voter registration requirement for any voter in the ,state with respect to an election for ,federal office4 #afbd4 ,clarification of exemption for ,states which do not collect telephone information 7a7 ,amendment to ,help ,america ,vote ,act of #bjjb ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 section #afjf7;a77#a71 and section #afjg7;a71 is amended-- 7#a7 by redesignating sections #cag and #cah as sections #cah and #cai1 respectively2 and 7#b7 by inserting after section #caf the following new section3 #cag4 ,application of certain provisions to ,states which do not collect telephone information 7a7 ,in general ,to the extent that any provision of this title imposes a requirement on a ,state or jurisdiction relating to contacting voters by telephone1 such provision shall not apply in the case of any ,state which continuously on and after the date of the enactment of this ,act1 does not collect telephone numbers for voters as part of voter registration in the ,state with respect to an election for ,federal office4 7b7 ,exception ,subsection 7a7 shall not apply in any case in which the voter has voluntarily provided telephone information4 4 7b7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 section #afjf7;a77#c71 and section #afjg7;b71 is amended-- 7#a7 by redesignating the items relating to sections #cag and #cah as relating to sections #cah and #cai1 respectively2 and 7#b7 by inserting after the item relating to section #caf the following new item3 ,sec4 #cag4 ,application of certain provisions to ,states which do not collect telephone information4 4 ,h ,democracy ,restoration #agja4 ,short title ,this subtitle may be cited as the ,democracy ,restoration ,act of #bjba4 #agjb4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote is the most basic constitutive act of citizenship4 ,regaining the right to vote reintegrates individuals with criminal convictions into free society1 helping to enhance public safety4 7#b7 ,article ,i1 section #d1 of the ,constitution grants ,congress ultimate supervisory power over ,federal elections1 an authority which has repeatedly been upheld by the ,united ,states ,supreme ,court4 7#c7 ,basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the ,united ,states to vote in ,federal elections4 ,the right to vote may not be abridged or denied by the ,united ,states or by any ,state on account of race1 color1 gender1 or previous condition of servitude4 ,the #acth1 #adth1 #aeth1 #aith1 #bdth1 and #bfth ,amendments to the ,constitution empower ,congress to enact measures to protect the right to vote in ,federal elections4 ,the #hth ,amendment to the ,constitution provides for no excessive bail to be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 7#d7 ,there are #c areas in which discrepancies in ,state laws regarding criminal convictions lead to unfairness in ,federal elections-- 7,a7 the lack of a uniform standard for voting in ,federal elections leads to an unfair disparity and unequal participation in ,federal elections based solely on where a person lives2 7,b7 laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some ,states can easily regain their voting rights while in other ,states persons effectively lose their right to vote permanently2 and 7,c7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 7#e7 ,state disenfranchisement laws vary widely4 ,two ,states 7,maine and ,vermont7 and the ,commonwealth of ,puerto ,rico do not disenfranchise individuals with criminal convictions at all4 ,in #bjbj1 the ,district of ,columbia re-enfranchised its citizens who are under the supervision of the ,federal ,bureau of ,prisons4 ,twenty-eight states disenfranchise certain individuals on felony probation or parole4 ,in #aa ,states1 a conviction for certain offenses can result in lifetime disenfranchisement4 7#f7 ,several ,states deny the right to vote to individuals convicted of certain misdemeanors4 7#g7 ,in #bjbj1 an estimated #e1bjj1jjj citizens of the ,united ,states1 or about #a in #dd adults in the ,united ,states1 could not vote as a result of a felony conviction4 ,of the #e1bjj1jjj citizens barred from voting then1 only #bd percent were in prison4 ,by contrast1 #ge percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences4 ,approximately #b1bjj1jjj citizens who had completed their sentences were disenfranchised due to restrictive ,state laws4 ,as of ,november #bjah1 the lifetime ban for persons with certain felony convictions was eliminated through a ,florida ballot initiative4 ,as a result1 as many as #a1djj1jjj people are now eligible to have their voting rights restored4 ,in #d ,states--,alabama1 ,florida1 ,mississippi1 and ,tennessee--more than #g percent of the total population is disenfranchised4 7#h7 ,in those ,states that disenfranchise individuals post-sentence1 the right to vote can be regained in theory1 but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner4 ,disenfranchised individuals sometimes must either obtain a pardon or an order from the ,governor or an action by the parole or pardon board1 depending on the offense and ,state4 ,individuals convicted of a ,federal offense often have additional barriers to regaining voting rights4 7#i7 ,many felony disenfranchisement laws today derive directly from post-,civil ,war efforts to stifle the ,fourteenth and ,fifteenth ,amendments4 ,between #ahfe and #ahhj1 at least #ad states--,alabama1 ,arkansas1 ,colorado1 ,florida1 ,georgia1 ,illinois1 ,mississippi1 ,missouri1 ,nebraska1 ,new ,york1 ,north ,carolina1 ,south ,carolina1 ,tennessee1 and ,texas--enacted or expanded their felony disenfranchisement laws4 ,one of the primary goals of these laws was to prevent ,african ,americans from voting4 ,of the states that enacted or expanded their felony disenfranchisement laws during this post-,civil ,war period1 at least #aa continue to preclude persons on felony probation or parole from voting4 7#aj7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 ,in recent years1 ,african ,americans have been imprisoned at over #e times the rate of ,whites4 ,more than #f percent of the voting-age ,african-,american population1 or #a1hjj1jjj ,african ,americans1 are disenfranchised due to a felony conviction4 ,in #i ,states--,alabama 7#af percent71 ,arizona 7#ac percent71 ,florida 7#ae percent71 ,kentucky 7#ae percent71 ,mississippi 7#af percent71 ,south ,dakota 7#ad percent71 ,tennessee 7#ba percent71 ,virginia 7#af percent71 and ,wyoming 7#cf percent7--more than #a in #h ,african ,americans are unable to vote because of a felony conviction1 twice the national average for ,african ,americans4 7#aa7 ,latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system4 ,in recent years1 ,latinos have been imprisoned at #b4e times the rate of ,whites4 ,more than #b percent of the voting-age ,latino population1 or #efj1jjj ,latinos1 are disenfranchised due to a felony conviction4 ,in #cd states ,latinos are disenfranchised at a higher rate than the general population4 ,in #aa states #d percent or more of ,latino adults are disenfranchised due to a felony conviction 7,alabama1 #d percent2 ,arizona1 #g percent2 ,arkansas1 #d percent2 ,idaho1 #d percent2 ,iowa1 #d percent2 ,kentucky1 #f percent2 ,minnesota1 #d percent2 ,mississippi1 #e percent2 ,nebraska1 #f percent2 ,tennessee1 #aa percent2 ,wyoming1 #d percent71 twice the national average for ,latinos4 7#ab7 ,disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling ,state interest and hinders their rehabilitation and reintegration into society4 7#ac7 ,state disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons4 ,future electoral participation by the children of disenfranchised parents may be impacted as well4 ,models of successful re-entry for persons convicted of a crime emphasize the importance of community ties1 feeling vested and integrated1 and prosocial attitudes4 ,individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community4 ,restoration of voting rights builds those qualities and facilitates reintegration into the community4 ,that is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism4 ,restoration of voting rights thus reduces violence and protects public safety4 7#ad7 ,the ,united ,states is one of the only ,western democracies that permits the permanent denial of voting rights for individuals with felony convictions4 7#ae7 ,the ,eighth ,amendment's prohibition on cruel and unusual punishments guarantees individuals the right not to be subjected to excessive sanctions4 7,roper v4 ,simmons1 #edc ,u4,s4 #eea1 #efj 7#bjje774 ,that right stems from the basic precept of justice that punishment for crime should be graduated and proportioned to the offense4 ,id4 7quoting ,weems v4 ,united ,states1 #bag ,u4,s4 #cdi1 #cfg 7#aiaj774 ,as the ,supreme ,court has long recognized1 the concept of proportionality is central to the ,eighth ,amendment4 7,graham v4 ,florida1 #efj ,u4,s4 #dh1 #ei 7#bjaj774 ,many ,state disenfranchisement laws are grossly disproportional to the offenses that lead to disenfranchisement and thus violate the bar on cruel and unusual punishments4 ,for example1 a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions1 even where the convictions were for non-violent offenses4 ,in numerous other ,states1 disenfranchisement can last years or even decades while individuals remain on probation or parole1 often only because a person cannot pay their legal financial obligations4 ,these kinds of extreme voting bans run afoul of the ,eighth ,amendment4 7#af7 ,the ,twenty-,fourth ,amendment provides that the right to vote shall not be denied or abridged by the ,united ,states or any ,state by reason of failure to pay any poll tax or other tax44 ,section #b of the ,twenty-,fourth ,amendment gives ,congress the power to enforce this article by appropriate legislation4 ,court fines and fees that individuals must pay to have their voting rights restored constitute an other tax for purposes of the ,twenty-,fourth ,amendment4 ,at least five ,states explicitly require the payment of fines and fees before individuals with felony convictions can have their voting rights restored4 ,more than #bj other states effectively tie the right to vote to the payment of fines and fees1 by requiring that individuals complete their probation or parole before their rights are restored4 ,in these ,states1 the non-payment of fines and fees is a basis on which probation or parole can be extended4 ,moreover1 these states sometimes do not record the basis on which an individual's probation or parole was extended1 making it impossible to determine from the ,state's records whether non-payment of fines and fees is the reason that an individual remains on probation or parole4 ,for these reasons1 the only way to ensure that ,states do not deny the right to vote based solely on non-payment of fines and fees is to prevent ,states from conditioning voting rights on the completion of probation or parole4 #agjc4 ,rights of citizens ,the right of an individual who is a citizen of the ,united ,states to vote in any election for ,federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election4 #agjd4 ,enforcement 7a7 ,attorney general ,the ,attorney ,general may1 in a civil action1 obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle4 7b7 ,private right of action 7#a7 ,in general ,a person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the ,state involved4 7#b7 ,relief ,except as provided in paragraph 7#c71 if the violation is not corrected within #ij days after receipt of a notice under paragraph 7#a71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7#c7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 the aggrieved person need not provide notice to the chief election official of the ,state under paragraph 7#a7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 #agje4 ,notification of restoration of voting rights 7a7 ,state notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 each ,state shall-- 7,a7 notify in writing any individual who has been convicted of a criminal offense under the law of that ,state that such individual-- 7i7 has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjba2 and 7ii7 may register to vote in any such election2 and 7,b7 provide such individual with any materials that are necessary to register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given on the date on which the individual-- 7i7 is sentenced to serve only a term of probation2 or 7ii7 is released from the custody of that ,state 7other than to the custody of another ,state or the ,federal ,government to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a ,state court4 7b7 ,federal notification 7#a7 ,notification ,any individual who has been convicted of a criminal offense under ,federal law-- 7,a7 shall be notified in accordance with paragraph 7#b7 that such individual-- 7i7 has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjba2 and 7ii7 may register to vote in any such election2 and 7,b7 shall be provided with any materials that are necessary to register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given-- 7i7 in the case of an individual who is sentenced to serve only a term of probation1 by the ,assistant ,director for the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts on the date on which the individual is sentenced2 or 7ii7 in the case of any individual committed to the custody of the ,bureau of ,prisons1 by the ,director of the ,bureau of ,prisons1 during the period beginning on the date that is #f months before such individual is released and ending on the date such individual is released from the custody of the ,bureau of ,prisons4 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a court established by an ,act of ,congress4 #agjf4 ,definitions ,for purposes of this subtitle3 7#a7 ,correctional institution or facility ,the term correctional institution or facility means any prison1 penitentiary1 jail1 or other institution or facility for the confinement of individuals convicted of criminal offenses1 whether publicly or privately operated1 except that such term does not include any residential community treatment center 7or similar public or private facility74 7#b7 ,election ,the term election means-- 7,a7 a general1 special1 primary1 or runoff election2 7,b7 a convention or caucus of a political party held to nominate a candidate2 7,c7 a primary election held for the selection of delegates to a national nominating convention of a political party2 or 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president4 7#c7 ,federal office ,the term ,federal office means the office of ,president or ,vice ,president of the ,united ,states1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress of the ,united ,states4 7#d7 ,probation ,the term probation means probation1 imposed by a ,federal1 ,state1 or local court1 with or without a condition on the individual involved concerning-- 7,a7 the individual's freedom of movement2 7,b7 the payment of damages by the individual2 7,c7 periodic reporting by the individual to an officer of the court2 or 7,d7 supervision of the individual by an officer of the court4 #agjg4 ,relation to other laws 7a7 ,state laws relating to voting rights ,nothing in this subtitle may be construed to prohibit the ,states from enacting any ,state law which affords the right to vote in any election for ,federal office on terms less restrictive than those established by this subtitle4 7b7 ,certain ,federal ,acts ,the rights and remedies established by this subtitle-- 7#a7 are in addition to all other rights and remedies provided by law1 and 7#b7 shall not supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 or the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq474 #agjh4 ,federal prison funds ,no ,state1 unit of local government1 or other person may receive or use1 to construct or otherwise improve a prison1 jail1 or other place of incarceration1 any ,federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the ,united ,states is notified1 upon release from such incarceration1 of that individual's rights under section #agjc4 #agji4 ,effective date ,this subtitle shall apply to citizens of the ,united ,states voting in any election for ,federal office held after the date of the enactment of this ,act4 ,i ,voter ,identification and ,allowable ,alternatives #ahja4 ,requirements for voter identification 7a7 ,requirement to provide identification as condition of receiving ballot ,section #cjc of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7 is amended by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively1 and by inserting after subsection 7b7 the following new subsection3 7c7 ,voter ,identification requirements 7#a7 ,voter identification requirement defined ,for purposes of this subsection3 7,a7 ,in general ,the term voter identification requirement means any requirement that an individual desiring to vote in person in an election for ,federal office present identification as a requirement to receive or cast a ballot in person in such election4 7,b7 ,exception ,such term does not include any requirement described in subsection 7b77#b77;,a7 as applied with respect to an individual described in subsection 7b77#a74 7#b7 ,in general ,if a ,state or local jurisdiction has a voter identification requirement1 the ,state or local jurisdiction-- 7,a7 shall treat any applicable identifying document as meeting such voter identification requirement2 7,b7 notwithstanding the failure to present an applicable identifying document1 shall treat an individual desiring to vote in person in an election for ,federal office as meeting such voter identification requirement if-- 7i7 the individual presents the appropriate ,state or local election official with a sworn written statement1 signed in the presence of the official by an adult who has known the individual for at least six months under penalty of perjury1 attesting to the individual's identity2 7ii7 the official has known the individual for at least six months2 or 7iii7 in the case of a resident of a ,state-licensed care facility1 an employee of the facility confirms the individual's identity2 and 7,c7 shall permit any individual desiring to vote in an election for ,federal office who does not present an applicable identifying document required under subparagraph 7,a7 or qualify for an exception under subparagraph 7,b7 to cast a provisional ballot with respect to the election under section #cjb in accordance with paragraph 7#c74 7#c7 ,rules for provisional ballot 7,a7 ,in general ,an individual may cast a provisional ballot pursuant to paragraph 7#b77;,c7 so long as the individual presents the appropriate ,state or local election official with a sworn written statement1 signed by the individual under penalty of perjury1 attesting to the individual's identity4 7,b7 ,prohibition on other requirements ,except as otherwise provided this paragraph1 a ,state or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individual described in paragraph 7#b77;,c74 7,c7 ,counting of provisional ballot ,in the case of a provisional ballot cast pursuant to paragraph 7#b77;,c71 the appropriate ,state or local election official shall not make a determination under section #cjb7;a77#d7 that the individual is eligible under ,state law to vote in the election unless-- 7i7 the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters2 or 7ii7 not later than #aj days after casting the provisional ballot1 the individual presents an applicable identifying document1 either in person or by electronic methods1 to the official and the official confirms the individual is the person identified on the applicable identifying document4 7,d7 ,notice and opportunity to cure discrepancy in signatures or other defects on provisional ballots 7i7 ,notice and opportunity to cure discrepancy in signatures ,if an individual casts a provisional ballot under this paragraph and the appropriate ,state or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters1 such election official1 prior to making a final determination as to the validity of such ballot1 shall-- 7,i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7aa7 a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters2 and 7bb7 if such discrepancy is not cured prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted2 and 7,,ii7 cure such discrepancy and count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual provides the official with information to cure such discrepancy1 either in person1 by telephone1 or by electronic methods4 7ii7 ,notice and opportunity to cure other defects ,if an individual casts a provisional ballot under this paragraph with a defect which1 if left uncured1 would cause the ballot to not be counted1 the appropriate ,state or local election official1 prior to making a final determination as to the validity of the ballot1 shall-- 7,i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7aa7 the ballot has some defect2 and 7bb7 if the individual does not cure the other defect prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted2 and 7,,ii7 count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual cures the defect4 7,e7 ,no exemption ,notwithstanding section #cjb7;a71 ,states described in section #d7;b7 of the ,national ,voter ,registration ,act of #aiic shall be required to meet the requirements of paragraph 7#b77;,c74 7,f7 ,rule of construction 7i7 ,in general ,nothing in paragraph 7#b77;,c7 or this paragraph shall be construed to prevent a ,state from permitting an individual who provides a sworn statement described in subparagraph 7,a7 to cast a regular ballot in lieu of a provisional ballot4 7ii7 ,regular ballot ,for purpose of this subparagraph1 the term regular ballot means a ballot which is cast and counted in same manner as ballots cast by individuals meeting the voter identification requirement 7and all other applicable requirements with respect to voting in the election74 7#d7 ,development and use of pre-printed version of statement by commission 7,a7 ,in general ,the ,commission shall develop pre-printed versions of the statements described in paragraphs 7#b77;,b77i7 and 7#c77;,a7 which include appropriate blank spaces for the provision of names and signatures4 7,b7 ,providing pre-printed copy of statement ,each ,state and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph 7,a7 available at polling places for use by individuals voting in person4 7#e7 ,required provision of identifying documents 7,a7 ,in general ,each ,state and jurisdiction that has a voter identification requirement shall-- 7i7 for each individual who1 on or after the applicable date1 is registered to vote in such ,state or jurisdiction in elections for ,federal office1 provide the individual with a government-issued identification that meets the requirements of this subsection without charge2 7ii7 for each individual who1 before the applicable date1 was registered to vote in such ,state or jurisdiction in elections for ,federal office but does not otherwise possess an identifying document1 provide the individual with a government-issued identification that meets the requirements of this subsection without charge1 so long as the ,state provides the individual with reasonable opportunities to obtain such identification prior to the date of the election2 and 7iii7 for each individual who is provided with an identification under clause 7i7 or clause 7ii71 provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification4 7,b7 ,applicable date ,for purposes of this paragraph1 the term applicable date means the later of-- 7i7 ,january #a1 #bjbb1 or 7ii7 the first date after the date of the enactment of this subsection for which the ,state or local jurisdiction has in effect a voter identification requirement4 7#f7 ,applicable identifying document ,for purposes of this subsection-- 7,a7 ,in general ,the term applicable identifying document means1 with respect to any individual1 any document issued to such individual containing the individual's name4 7,b7 ,included documents ,the term applicable identifying document shall include any of the following 7so long as such document is not expired1 as indicated by an expiration date included on the document73 7i7 ,a valid driver's license or an identification card issued by a ,state1 the ,federal ,government1 or a ,state or federally recognized ,tribal government4 7ii7 ,a ,state-issued identification described in paragraph 7#d74 7iii7 ,a valid ,united ,states passport or passport card4 7iv7 ,a valid employee identification card issued by-- 7,i7 any branch1 department1 agency1 or entity of the ,united ,states ,government or of any ,state1 7,,ii7 any ,state or federally recognized ,tribal government1 or 7,,iii7 any county1 municipality1 board1 authority1 or other political subdivision of a ,state4 7v7 ,a valid student identification card issued by an institution of higher education1 or a valid high school identification card issued by a ,state-accredited high school4 7vi7 ,a valid military identification card issued by the ,united ,states4 7vii7 ,a valid gun license or concealed carry permit4 7viii7 ,a valid ,medicare card or ,social ,security card4 7ix7 ,a valid birth certificate4 7x7 ,a valid voter registration card4 7xi7 ,a valid hunting or fishing license issued by a ,state4 7xii7 ,a valid identification card issued to the individual by the ,supplemental ,nutrition ,assistance 7,,snap7 program4 7xiii7 ,a valid identification card issued to the individual by the ,temporary ,assistance for ,needy ,families 7,,tanf7 program4 7xiv7 ,a valid identification card issued to the individual by ,medicaid4 7xv7 ,a valid bank card or valid debit card4 7xvi7 ,a valid utility bill issued within six months of the date of the election4 7xvii7 ,a valid lease or mortgage document issued within six months of the date of the election4 7xviii7 ,a valid bank statement issued within six months of the date of the election4 7xix7 ,a valid health insurance card issued to the voter4 7xx7 ,any other document containing the individual's name issued by-- 7,i7 any branch1 department1 agency1 or entity of the ,united ,states ,government or of any ,state2 7,,ii7 any ,state or federally recognized tribal government2 or 7,,iii7 any county1 municipality1 board1 authority1 or other political subdivision of a ,state4 7,c7 ,copies and electronic documents accepted ,the term applicable identifying document includes-- 7i7 any copy of a document described in subparagraph 7,a7 or 7,b72 and 7ii7 any document described in subparagraph 7,a7 or 7,b7 which is presented in electronic format4 4 7b7 ,payments to ,states to cover costs of required identification documents 7#a7 ,in general ,the ,election ,assistance ,commission shall make payments to ,states to cover the costs incurred in providing identifications under section #cjc7;c77#e7 of the ,help ,america ,vote ,act of #bjjb1 as amended by this section4 7#b7 ,amount of payment ,the amount of the payment made to a ,state under this subsection for any year shall be equal to the amount of fees which would have been collected by the ,state during the year in providing the identifications required under section #cjc7;c77#e7 of such ,act if the ,state had charged the usual and customary rates for such identifications1 as determined on the basis of information furnished to the ,commission by the ,state at such time and in such form as the ,commission may require4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated for payments under this subsection an aggregate amount of #e1jjj1jjj for fiscal year #bjbb and each of the #d succeeding fiscal years4 7c7 ,conforming amendments ,section #cjc7;b77#b77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;b77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking in person and all that follows and inserting in person1 presents to the appropriate ,state or local election official an applicable identifying document 7as defined in subsection 7c77#f772 or2 and 7#b7 in clause 7ii71 by striking by mail and all that follows and inserting by mail1 submits with the ballot an applicable identifying document 7as so defined744 7d7 ,definition ,for the purposes of this section1 the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7e7 ,effective date ,section #cjc7;e7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;d77#b771 as redesignated by subsection 7a71 is amended by adding at the end the following new paragraph3 7#c7 ,voter identification requirements ,each ,state and jurisdiction shall be required to comply with the requirements of subsection 7c7 with respect to elections for ,federal office held on or after ,january #a1 #bjbb4 4 ,j ,voter ,list ,maintenance ,procedures #a ,voter ,caging ,prohibited #aija4 ,voter caging prohibited 7a7 ,definitions ,in this section-- 7#a7 the term voter caging document means-- 7,a7 a non-forwardable document sent by any person other than a ,state or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant2 or 7,b7 any document sent by any person other than a ,state or local election official with instructions to an addressee that the document be returned to the sender or a third party but is not so returned1 despite an attempt to deliver such document to the address of a registered voter or applicant2 7#b7 the term voter caging list means a list of individuals compiled from voter caging documents2 and 7#c7 the term unverified match list means any list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction1 by virtue of death1 conviction1 change of address1 or otherwise1 unless one of the pieces of information matched includes a signature1 photograph1 or unique identifying number ensuring that the information from each source refers to the same individual4 7b7 ,prohibition against voter caging ,no ,state or local election official shall prevent an individual from registering or voting in any election for ,federal office1 or permit in connection with any election for ,federal office a formal challenge under ,state law to an individual's registration status or eligibility to vote1 if the basis for such decision is evidence consisting of-- 7#a7 a voter caging document or voter caging list2 7#b7 an unverified match list2 7#c7 an error or omission on any record or paper relating to any application1 registration1 or other act requisite to voting1 if such error or omission is not material to an individual's eligibility to vote under section #bjjd7;a77#b77;,b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;a77#b77;,b772 or 7#d7 any other evidence so designated for purposes of this section by the ,election ,assistance ,commission1 except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote4 7c7 ,enforcement 7#a7 ,civil enforcement 7,a7 ,in general ,the ,attorney ,general may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section4 7,b7 ,private right of action 7i7 ,in general ,a person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the ,state involved4 7ii7 ,relief ,except as provided in clause 7iii71 if the violation is not corrected within #ij days after receipt of a notice under clause 7i71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7iii7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 on the date of the election1 or after the date of the election but prior to the completion of the canvass1 the aggrieved person need not provide notice under clause 7i7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 7#b7 ,criminal penalty ,whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #a year1 or both1 for each such violation4 ,each violation shall be a separate offense4 7d7 ,no effect on related laws ,nothing in this section is intended to override the protections of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 or to affect the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 #b ,saving ,eligible ,voters ,from ,voter ,purging #aiaa4 ,conditions for removal of voters from list of registered voters 7a7 ,conditions described ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #h the following new section3 #h;,a4 ,conditions for removal of voters from official list of registered voters 7a7 ,verification on basis of objective and reliable evidence of ineligibility 7#a7 ,requiring verification ,notwithstanding any other provision of this ,act1 a ,state may not remove the name of any registrant from the official list of voters eligible to vote in elections for ,federal office in the ,state unless the ,state verifies1 on the basis of objective and reliable evidence1 that the registrant is ineligible to vote in such elections4 7#b7 ,factors not considered as objective and reliable evidence of ineligibility ,for purposes of paragraph 7#a71 except as permitted under section #h7;d7 after a notice described in paragraph 7#b7 of such section has been sent1 the following factors1 or any combination thereof1 shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote3 7,a7 ,the failure of the registrant to vote in any election4 7,b7 ,the failure of the registrant to respond to any election mail1 unless the election mail has been returned as undeliverable4 7,c7 ,the failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant4 7#c7 ,removal based on official records 7,a7 ,in general ,nothing in this section shall prohibit a ,state from removing a registrant from the official list of eligible voters in elections for ,federal office if1 on the basis of official records maintained by the ,state1 a ,state or local election official knows1 on the basis of objective and reliable evidence1 that the registrant has-- 7i7 died2 or 7ii7 permanently moved out of the ,state and is no longer eligible to vote in the ,state4 7,b7 ,opportunity to demonstrate eligibility ,the ,state shall provide a voter removed from the official list of eligible voters in elections for ,federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for ,federal office in the ,state4 7b7 ,notice after removal 7#a7 ,notice to individual removed 7,a7 ,in general ,not later than #dh hours after a ,state removes the name of a registrant from the official list of eligible voters1 the ,state shall send notice of the removal to the former registrant1 and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated1 including a telephone number for the appropriate election official4 7,b7 ,exceptions ,subparagraph 7,a7 does not apply in the case of a registrant-- 7i7 who sends written confirmation to the ,state that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered2 or 7ii7 who is removed from the official list of eligible voters by reason of the death of the registrant4 7#b7 ,public notice ,not later than #dh hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters 7as described in section #h7;a77#d771 the ,state shall disseminate a public notice through such methods as may be reasonable to reach the general public 7including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials7 that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made4 ,the ,state shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities1 including voters who have low vision or are blind4 4 7b7 ,conditions for transmission of notices of removal ,section #h7;d7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;d77 is amended by adding at the end the following new paragraph3 7#d7 ,a ,state may not transmit a notice to a registrant under this subsection unless the ,state obtains objective and reliable evidence 7in accordance with the standards for such evidence which are described in section #h;,a7a77#b77 that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered4 4 7c7 ,conforming amendments 7#a7 ,national ,voter ,registration ,act of #aiic ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77 is amended-- 7,a7 in paragraph 7#c71 by striking provide and inserting subject to section #h;,a1 provide2 and 7,b7 in paragraph 7#d71 by striking conduct and inserting subject to section #h;,a1 conduct4 7#b7 ,help ,america ,vote ,act of #bjjb ,section #cjc7;a77#d77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77#d77;,a77 is amended by striking registrants the second place it appears and inserting and subject to section #h;,a of such ,act1 registrants4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 ,k ,severability #aiba4 ,severability ,if any provision of this title or any amendment made by this title1 or the application of any such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this title1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4 ,b ,election ,integrity ,,ii ,prohibiting ,interference ,with ,voter ,registration #bjja4 ,prohibiting hindering1 interfering with1 or preventing voter registration 7a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #fab4 ,hindering1 interfering with1 or preventing registering to vote 7a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from registering to vote or to corruptly hinder1 interfere with1 or prevent another person from aiding another person in registering to vote4 7b7 ,attempt ,any person who attempts to commit any offense described in subsection 7a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7c7 ,penalty ,any person who violates subsection 7a7 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #fab4 ,hindering1 interfering with1 or preventing registering to vote4 4 7c7 ,effective ,date ,the amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this ,act1 except that no person may be found to have violated section #fab of title #ah1 ,united ,states ,code 7as added by subsection 7a771 on the basis of any act occurring prior to the date of the enactment of this ,act4 #bjjb4 ,establishment of best practices 7a7 ,best practices ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall develop and publish recommendations for best practices for ,states to use to deter and prevent violations of section #fab of title #ah1 ,united ,states ,code 7as added by section #bjja71 and section #ab of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaa7 7relating to the unlawful interference with registering to vote1 or voting1 or attempting to register to vote or vote71 including practices to provide for the posting of relevant information at polling places and voter registration agencies under such ,act1 the training of poll workers and election officials1 and relevant educational materials4 ,for purposes of this subsection1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,inclusion in voter information requirements ,section #cjb7;b77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;b77#b77 is amended-- 7#a7 by striking and at the end of subparagraph 7,e72 7#b7 by striking the period at the end of subparagraph 7,f7 and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,g7 information relating to the prohibitions of section #fab of title #ah1 ,united ,states ,code1 and section #ab of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaa7 7relating to the unlawful interference with registering to vote1 or voting1 or attempting to register to vote or vote71 including information on how individuals may report allegations of violations of such prohibitions4 4 ,,iii ,preventing ,election ,subversion ,a ,restrictions on ,removal of ,election ,administrators #cjja4 ,restrictions on removal of local election administrators in administration of elections for ,federal office 7a7 ,findings ,congress makes the following findings3 7#a7 ,congress has explicit and broad authority to regulate the time1 place1 and manner of ,federal elections under the ,elections ,clause under article ,i1 section #d1 clause #a of the ,constitution1 including by establishing standards for the fair1 impartial1 and uniform administration of ,federal elections by ,state and local officials4 7#b7 ,the ,elections ,clause was understood from the framing of the ,constitution to contain 8words of great latitude10 granting ,congress broad power over ,federal elections and a plenary right to preempt ,state regulation in this area4 ,as made clear at the ,constitutional ,convention and the ,state ratification debates that followed1 this grant of congressional authority was meant to 8insure free and fair elections10 promote the uniform administration of ,federal elections1 and 8preserve and restore to the people their equal and sacred rights of election404 7#c7 ,in the founding debates on the ,elections ,clause1 many delegates also argued that a broad grant of authority to ,congress over ,federal elections was necessary to check any 8abuses that might be made of the discretionary power0 to regulate the time1 place1 and manner of elections granted the ,states1 including attempts at partisan entrenchment1 malapportionment1 and the exclusion of political minorities4 ,as the ,supreme ,court has recognized1 the ,elections ,clause empowers ,congress to 8protect the elections on which its existence depends10 ,ex parte ,yarbrough1 #aaj ,u4,s4 #fea1 #feh 7#ahhd71 and 8protect the citizen in the exercise of rights conferred by the ,constitution of the ,united ,states essential to the healthy organization of the government itself10 id4 at #fff4 7#d7 ,the ,elections ,clause grants ,congress 8plenary and paramount jurisdiction over the whole subject0 of ,federal elections1 ,ex parte ,siebold1 #ajj ,u4,s4 #cga1 #chh 7#ahgi71 allowing ,congress to implement 8a complete code for congressional elections40 ,smiley v4 ,holm1 #bhe ,u4,s4 #cee1 #cff 7#aicb74 ,the ,elections ,clause1 unlike1 for example1 the ,commerce ,clause1 has been found to grant ,congress the authority to compel ,states to alter their regulations as to ,federal elections1 id4 at id4 at #cff-fg1 even if these alterations would impose additional costs on the ,states to execute or enforce4 ,association of ,community ,organizations for ,reform ,now v4 ,miller1 #abi ,f4#c;d #hcc 7#fth ,cir4 #aiig74 7#e7 ,the phrase 8manner of holding elections0 in the ,elections ,clause has been interpreted by the ,supreme ,court to authorize ,congress to regulate all aspects of the ,federal election process1 including 8notices1 registration1 supervision of voting1 protection of voters1 prevention of fraud and corrupt practices1 counting of votes1 duties of inspectors and canvassers1 and the making and publication of election returns40 ,smiley v4 ,holm1 #bhe ,u4,s4 #cee1 #cff 7#aicb74 7#f7 ,the ,supreme ,court has recognized the broad 8substantive scope0 of the ,elections ,clause and upheld ,federal laws promulgated thereunder regulating redistricting1 voter registration1 campaign finance1 primary elections1 recounts1 party affiliation rules1 and balloting4 7#g7 ,the authority of ,congress under the ,elections ,clause also entails the power to ensure enforcement of its laws regulating ,federal elections4 8,if ,congress has the power to make regulations1 it must have the power to enforce them40 ,ex parte ,siebold1 #ajj ,u4,s4 #cga1 #chg 7#ahgi74 ,the ,supreme ,court has noted that there can be no question that ,congress may impose additional penalties for offenses committed by ,state officers in connection with ,federal elections even if they differ from the penalties prescribed by ,state law for the same acts4 ,id4 at #chg-hh4 7#h7 ,the fair and impartial administration of ,federal elections by ,state and local officials is central to 8the successful working of this government10 ,ex parte ,yarbrough1 #aaj ,u4,s4 #fea1 #fff 7#ahhd71 and to 8protect the act of voting 4 4 4 and the election itself from corruption or fraud10 id4 at #ffa-fb4 7#i7 ,the ,elections ,clause thus grants ,congress the authority to ensure that the administration of ,federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with ,federal elections4 7#aj7 ,in some ,states1 oversight of local election administrators has been allocated to ,state ,election ,boards1 or special commissions formed by those boards1 that are appointed by the prevailing political party in a ,state1 as opposed to nonpartisan or elected office holders4 7#aa7 ,in certain newly enacted ,state policies1 these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the ,state deems to be a violation4 ,there is no requirement that there be a finding of intent by the local election administrator to commit the violation4 7#ab7 ,local election administrators across the country can be suspended or removed according to different standards1 potentially exposing them to different political pressures or biases that could result in uneven administration of ,federal elections4 7#ac7 ,the ,elections ,clause grants ,congress the ultimate authority to ensure that oversight of ,state and local election administrators is fair and impartial in order to ensure equitable and uniform administration of ,federal elections4 7b7 ,restriction 7#a7 ,standard for removal of a local election administrator ,a statewide election administrator may only suspend1 remove1 or relieve the duties of a local election administrator in the ,state with respect to the administration of an election for ,federal office for inefficiency1 neglect of duty1 or malfeasance in office4 7#b7 ,private right of action 7,a7 ,in general ,any local election administrator suspended1 removed1 or otherwise relieved of duties in violation of paragraph 7#a7 with respect to the administration of an election for ,federal office or against whom any proceeding for suspension1 removal1 or relief from duty in violation of paragraph 7#a7 with respect to the administration of an election for ,federal office may be pending1 may bring an action in an appropriate district court of the ,united ,states for declaratory or injunctive relief with respect to the violation4 ,any such action shall name as the defendant the statewide election administrator responsible for the adverse action4 ,the district court shall1 to the extent practicable1 expedite any such proceeding4 7,b7 ,statute of limitations ,any action brought under this subsection must be commenced not later than one year after the date of the suspension1 removal1 relief from duties1 or commencement of the proceeding to remove1 suspend1 or relieve the duties of a local election administrator with respect to the administration of an election for ,federal office4 7#c7 ,attorney's fees ,in any action or proceeding under this subsection1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 ,the term 8prevailing plaintiff0 means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order1 or an enforceable written agreement4 7#d7 ,removal of ,state proceedings to ,federal court ,a local election administrator who is subject to an administrative or judicial proceeding for suspension1 removal1 or relief from duty by a statewide election administrator with respect to the administration of an election for ,federal office may remove the proceeding to an appropriate district court of the ,united ,states4 ,any order remanding a case to the ,state court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise4 7#e7 ,right of ,united ,states to intervene 7,a7 ,notice to ,attorney ,general ,whenever any administrative or judicial proceeding is brought to suspend1 remove1 or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for ,federal office1 the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice4 ,the local election administrator against whom such proceeding is brought may also deliver such pleadings to the ,assistant ,attorney ,general4 7,b7 ,right to intervene ,the ,united ,states may intervene in any administrative or judicial proceeding brought to suspend1 remove1 or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for ,federal office and in any action initiated pursuant to paragraph 7#b7 or in any removal pursuant to paragraph 7#d74 7#f7 ,review ,in reviewing any action brought under this section1 a court of the ,united ,states shall not afford any deference to any ,state official1 administrator1 or tribunal that initiated1 approved1 adjudicated1 or reviewed any administrative or judicial proceeding to suspend1 remove1 or otherwise relieve the duties of a local election administrator4 7c7 ,reports to ,department of ,justice 7#a7 ,in general ,not later than #cj days after the suspension1 removal1 or relief of the duties of a local election administrator by a statewide election administrator1 the ,statewide election administrator shall submit to the ,assistant ,attorney ,general for the ,civil ,rights ,divisions of the ,department of ,justice a report that includes the following information3 7,a7 ,a statement that a local election administrator was suspended1 removed1 or relieved of their duties4 7,b7 ,information on whether the local election administrator was determined to have engaged in gross negligence1 neglect of duty1 or malfeasance in office4 7,c7 ,a description of the effect that the suspension1 removal1 or relief of the duties of the local election administrator will have on-- 7i7 the administration of elections and voters in the election jurisdictions for which the local election official provided such duties2 and 7ii7 the administration of elections and voters in the ,state at large4 7,d7 ,demographic information about the local election official suspended1 removed1 or relieved and the jurisdictions for which such election official was providing the duties suspended1 removed1 or relieved4 7,e7 ,such other information as requested by the ,assistant ,attorney ,general for the purposes of determining-- 7i7 whether such suspension1 removal1 or relief of duties was based on unlawful discrimination2 and 7ii7 7whether such suspension1 removal1 or relief of duties was due to gross negligence1 neglect of duty1 or malfeasance in office4 7#b7 ,expedited reporting for actions within #cj days of an election 7,a7 ,in general ,if a suspension1 removal1 or relief of duties of a local administrator described in paragraph 7#a7 occurs during the period described in subparagraph 7,b71 the report required under paragraph 7#a7 shall be submitted not later than #dh hours after such suspension1 removal1 or relief of duties4 7,b7 ,period described ,the period described in this subparagraph is any period which begins #fj days before the date of an election for ,federal office and which ends #fj days after such election4 7d7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,election ,the term election has the meaning given the term in section #cja7a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7a774 7#b7 ,federal office ,the term ,federal office has the meaning given the term in section #cja7c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7c774 7#c7 ,local election administrator ,the term local election administrator means1 with respect to a local jurisdiction in a ,state1 the individual or entity responsible for the administration of elections for ,federal office in the local jurisdiction4 7#d7 ,statewide election administrator ,the term ,statewide election administrator means1 with respect to a ,state-- 7,a7 the individual or entity1 including a ,state elections board1 responsible for the administration of elections for ,federal office in the ,state on a statewide basis2 or 7,b7 a statewide legislative or executive entity with the authority to suspend1 remove1 or relieve a local election administrator4 7e7 ,rule of construction ,nothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the ,state4 ,b ,increased ,protections for ,election ,workers #caja4 ,harassment of election workers prohibited 7a7 ,in general ,chapter #bi of title #ah1 ,united #f ,states ,code1 as amended by section #bjja7;a71 is amended by adding at the end the following new section3 #fac4 ,harassment of election related officials 7a7 ,harassment of election workers ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to intimidate1 threaten1 coerce1 or attempt to intimidate1 threaten1 or coerce an election worker described in subsection 7b7 with intent to impede1 intimidate1 or interfere with such official while engaged in the performance of official duties1 or with intent to retaliate against such official on account of the performance of official duties4 7b7 ,election worker described ,an election worker as described in this section is any individual who is an election official1 poll worker1 or an election volunteer in connection with an election for a ,federal office4 7c7 ,penalty ,any person who violates subsection 7a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 as amended by section #bjja7;b71 is amended by adding at the end the following new item3 #fac4 ,harassment of election related officials4 4 #cajb4 ,protection of election workers ,paragraph 7#b7 of section #aai7;b7 of title #ah1 ,united ,states ,code1 is amended by striking or at the end of subparagraph 7,c71 by inserting or at the end of subparagraph 7,d71 and by adding at the end the following new subparagraph3 7,e7 any individual who is an election official1 a poll worker1 or an election volunteer in connection with an election for a ,federal office2 4 ,c ,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation #cbja4 ,short title ,this subtitle may be cited as the ,deceptive ,practices and ,voter ,intimidation ,prevention ,act of #bjba4 #cbjb4 ,prohibition on deceptive practices in ,federal elections 7a7 ,prohibition ,subsection 7b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b77 is amended-- 7#a7 by striking ,no person and inserting the following3 7#a7 ,in general ,no person 2 and 7#b7 by inserting at the end the following new paragraphs3 7#b7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time1 place1 or manner of holding any election described in paragraph 7#e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal1 civil1 or other legal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#c7 ,false statements regarding public endorsements 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate1 or cause to be communicated1 a materially false statement about an endorsement1 if such person-- 7i7 knows such statement to be false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,definition of materially false ,for purposes of subparagraph 7,a71 a statement about an endorsement is materially false if1 with respect to an upcoming election described in paragraph 7#e7-- 7i7 the statement states that a specifically named person1 political party1 or organization has endorsed the election of a specific candidate for a ,federal office described in such paragraph2 and 7ii7 such person1 political party1 or organization has not endorsed the election of such candidate4 7#d7 ,hindering1 interfering with1 or preventing voting or registering to vote ,no person1 whether acting under color of law or otherwise1 shall intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in paragraph 7#e71 including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government4 7#e7 ,election described ,an election described in this paragraph is any general1 primary1 runoff1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7b7 ,private right of action 7#a7 ,in general ,subsection 7c7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77 is amended-- 7,a7 by striking ,whenever any person and inserting the following3 7#a7 ,in general ,whenever any person 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,civil action ,any person aggrieved by a violation of this section may institute a civil action for preventive relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 ,in any such action1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 4 7#b7 ,conforming amendments ,section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7 is amended-- 7,a7 in subsection 7e71 by striking subsection 7c7 and inserting subsection 7c77#a72 and 7,b7 in subsection 7g71 by striking subsection 7c7 and inserting subsection 7c77#a74 7c7 ,criminal penalties 7#a7 ,deceptive acts ,section #eid of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking ,whoever and inserting the following3 7a7 ,intimidation ,whoever 2 7,b7 in subsection 7a71 as inserted by subparagraph 7,a71 by striking at any election and inserting at any general1 primary1 runoff1 or special election2 and 7,c7 by adding at the end the following new subsections3 7b7 ,deceptive acts 7#a7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 within #fj days before an election described in subsection 7e71 by any means1 including by means of written1 electronic1 or telephonic communications1 to communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection 7e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time or place of holding any election described in subsection 7e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal1 civil1 or other legal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7c7 ,hindering1 interfering with1 or preventing voting or registering ,to vote 7#a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in subsection 7e74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7d7 ,attempt ,any person who attempts to commit any offense described in subsection 7a71 7b77#a71 or 7c77#a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7e7 ,election described ,an election described in this subsection is any general1 primary1 runoff1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,senator1 ,member of the ,house of ,representatives1 or ,delegate or ,resident ,commissioner to the ,congress4 4 7#b7 ,modification of penalty for voter intimidation ,section #eid7;a7 of title #ah1 ,united ,states ,code1 as amended by paragraph 7#a71 is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than #ajj1jjj1 imprisoned for not more than #e years4 7#c7 ,sentencing guidelines 7,a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #eid of title #ah1 ,united ,states ,code1 as amended by this section4 7,b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal ,sentencing ,guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 7#d7 ,payments for refraining from voting ,subsection 7c7 of section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by striking either for registration to vote or for voting and inserting for registration to vote1 for voting1 or for not voting4 #cbjc4 ,corrective action 7a7 ,corrective action 7#a7 ,in general ,if the ,attorney ,general receives a credible report that materially false information has been or is being communicated in violation of paragraphs 7#b7 and 7#c7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #cbjb7;a71 and if the ,attorney ,general determines that ,state and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information1 the ,attorney ,general shall1 pursuant to the written procedures and standards under subsection 7b71 communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to correct the materially false information4 7#b7 ,communication of corrective information ,any information communicated by the ,attorney ,general under paragraph 7#a7-- 7,a7 shall-- 7i7 be accurate and objective2 7ii7 consist of only the information necessary to correct the materially false information that has been or is being communicated2 and 7iii7 to the extent practicable1 be by a means that the ,attorney ,general determines will reach the persons to whom the materially false information has been or is being communicated2 and 7,b7 shall not be designed to favor or disfavor any particular candidate1 organization1 or political party4 7b7 ,written procedures and standards for taking corrective action 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall publish written procedures and standards for determining when and how corrective action will be taken under this section4 7#b7 ,inclusion of appropriate deadlines ,the procedures and standards under paragraph 7#a7 shall include appropriate deadlines1 based in part on the number of days remaining before the upcoming election4 7#c7 ,consultation ,in developing the procedures and standards under paragraph 7#a71 the ,attorney ,general shall consult with the ,election ,assistance ,commission1 ,state and local election officials1 civil rights organizations1 voting rights groups1 voter protection groups1 and other interested community organizations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this subtitle4 #cbjd4 ,reports to ,congress 7a7 ,in general ,not later than #ahj days after each general election for ,federal office1 the ,attorney ,general shall submit to ,congress a report compiling all allegations received by the ,attorney ,general of deceptive practices described in paragraphs 7#b71 7#c71 and 7#d7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #cbjb7;a71 relating to the general election for ,federal office and any primary1 runoff1 or a special election for ,federal office held in the #b years preceding the general election4 7b7 ,contents 7#a7 ,in general ,each report submitted under subsection 7a7 shall include-- 7,a7 a description of each allegation of a deceptive practice described in subsection 7a71 including the geographic location1 racial and ethnic composition1 and language minority-group membership of the persons toward whom the alleged deceptive practice was directed2 7,b7 the status of the investigation of each allegation described in subparagraph 7,a72 7,c7 a description of each corrective action taken by the ,attorney ,general under section #d7;a7 in response to an allegation described in subparagraph 7,a72 7,d7 a description of each referral of an allegation described in subparagraph 7,a7 to other ,federal1 ,state1 or local agencies2 7,e7 to the extent information is available1 a description of any civil action instituted under section #bjjd7;c77#b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77#b771 as added by section #cbjb7;b71 in connection with an allegation described in subparagraph 7,a72 and 7,f7 a description of any criminal prosecution instituted under section #eid of title #ah1 ,united ,states ,code1 as amended by section #cbjb7;c71 in connection with the receipt of an allegation described in subparagraph 7,a7 by the ,attorney ,general4 7#b7 ,exclusion of certain information 7,a7 ,in general ,the ,attorney ,general shall not include in a report submitted under subsection 7a7 any information protected from disclosure by rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure or any ,federal criminal statute4 7,b7 ,exclusion of certain other information ,the ,attorney ,general may determine that the following information shall not be included in a report submitted under subsection 7a73 7i7 ,any information that is privileged4 7ii7 ,any information concerning an ongoing investigation4 7iii7 ,any information concerning a criminal or civil proceeding conducted under seal4 7iv7 ,any other nonpublic information that the ,attorney ,general determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation4 7c7 ,report made public ,on the date that the ,attorney ,general submits the report under subsection 7a71 the ,attorney ,general shall also make the report publicly available through the internet and other appropriate means4 #cbje4 ,private rights of action by election officials ,subsection 7c77#b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #cbjb7;b71 is amended-- 7#a7 by striking ,any person and inserting the following3 7,a7 ,in general ,any person 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,intimidation1 etc 7i7 ,in general ,a person aggrieved by a violation of subsection 7b77#a7 shall include1 without limitation1 an officer responsible for maintaining order and preventing intimidation1 threats1 or coercion in or around a location at which voters may cast their votes4 4 7ii7 ,corrective action ,if the ,attorney ,general receives a credible report that conduct that violates or would be reasonably likely to violate subsection 7b77#a7 has occurred or is likely to occur1 and if the ,attorney ,general determines that ,state and local officials have not taken adequate steps to promptly communicate that such conduct would violate subsection 7b77#a7 or applicable ,state or local laws1 ,attorney ,general shall communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to convey the unlawfulness of proscribed conduct under subsection 7b77#a7 and the responsibilities of and resources available to ,state and local officials to prevent or correct such violations4 4 #cbjf4 ,making intimidation of tabulation1 canvass1 and certification efforts a crime ,section #ab7a7 of the ,national ,voter ,registration ,act 7#eb ,u4,s4,c4 #bjeaa7 is amended-- 7#a7 in subparagraph 7,b71 by striking or at the end2 and 7#b7 by adding at the end the following new subparagraph3 7,d7 processing or scanning ballots1 or tabulating1 canvassing1 or certifying voting results2 or 4 ,d ,protection of ,election ,records ,election ,infrastructure #ccja4 ,strengthen protections for ,federal election records 7a7 ,finding of ,constitutional authority ,congress finds as follows3 7#a7 ,congress has explicit and broad authority to regulate the time1 place1 and manner of ,federal elections under the ,elections ,clause under article ,i1 section #d1 clause #a of the ,constitution1 including by establishing standards for the fair1 impartial1 and uniform administration of ,federal elections by ,state and local officials4 7#b7 ,the ,elections ,clause grants ,congress 8plenary and paramount jurisdiction over the whole subject0 of ,federal elections1 ,ex parte ,siebold1 #ajj ,u4,s4 #cga1 #chh 7#ahgi71 allowing ,congress to implement 8a complete code for congressional elections40 ,smiley v4 ,holm1 #bhe ,u4,s4 #cee1 #cff 7#aicb74 7#c7 ,the fair and impartial administration of ,federal elections by ,state and local officials is central to 8the successful working of this government01 ,ex parte ,yarbrough1 #aaj ,u4,s4 #fea1 #fff 7#ahhd71 and to 8protect the act of voting 4 4 4 and the election itself from corruption or fraud01 id4 at #ffa-fb4 7#d7 ,the ,elections ,clause thus grants ,congress the authority to strengthen the protections for ,federal election records4 7#e7 ,congress has intervened in the electoral process to protect the health and legitimacy of federal elections1 including for example1 ,congress' enactment of the ,help ,america ,vote ,act of #bjjb as a response to several issues that occurred during the #bjjj ,presidential election4 ,see ,the ,elections ,clause3 ,constitutional ,interpretation and ,congressional ,exercise1 ,hearing ,before ,comm4 on ,house ,administration1 #aagth ,cong4 7#bjba71 written testimony of ,vice ,dean ,franita ,tolson at #c4 7b7 ,strengthening of protections ,section #cja of the ,civil ,rights ,act of #aifj 7#eb ,u4,s4,c4 #bjgja7 is amended-- 7#a7 by striking ,every officer and inserting the following3 7a7 ,in general ,every officer 2 7#b7 by striking records and papers and inserting records 7including electronic records71 papers1 and election equipment each place the term appears2 7#c7 by striking record or paper and inserting record 7including electronic record71 paper1 or election equipment2 7#d7 by inserting 7but only under the direct administrative supervision of an election officer74 ,notwithstanding any other provision of this section1 the paper record of a voter's cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian2 7#e7 by inserting 1 or acts in reckless disregard of1 after fails to comply with2 and 7#f7 by inserting after subsection 7a7 the following3 7b7 ,election equipment ,the requirement in subsection 7a7 to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a ,federal election described in subsection 7a71 provided that all electronic records1 files1 and data from such equipment related to such ,federal election are retained and preserved4 7c7 ,guidance ,not later than #a year after the date of enactment of this subsection1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 in consultation with the ,election ,assistance ,commission and the ,attorney ,general1 shall issue guidance regarding compliance with subsections 7a7 and 7b71 including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection 7a74 ,such guidance shall also include protocols for enabling the observation of the preservation1 security1 and transfer of records and papers described in subsection 7a7 by the ,attorney ,general and by a representative of each party1 as defined by the ,attorney ,general4 4 7c7 ,protecting the integrity of paper ballots in ,federal elections 7#a7 ,protocols and conditions for inspection of ballots ,not later than #fj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security and the ,election ,assistance ,commission1 shall promulgate regulations establishing the election security protocols and conditions1 including appropriate chain of custody and proper preservation practices1 which will apply to the inspection of the paper ballots which are required to be retained and preserved under section #cja of the ,civil ,rights ,act of #aifj 7#eb ,u4,s4,c4 #bjgja74 7#b7 ,cause of action for injunctive and declaratory relief ,the ,attorney ,general may bring an action in an appropriate district court of the ,united ,states for such declaratory or injunctive relief as may be necessary to ensure compliance with the regulations promulgated under subsection 7a74 #ccjb4 ,penalties2 inspection2 nondisclosure2 jurisdiction 7a7 ,expansion of scope of penalties for interference ,section #cjb of the ,civil ,rights ,act of #aifj 7#eb ,u4,s4,c4 #bjgjb7 is amended-- 7#a7 by inserting 1 or whose reckless disregard of section #cja results in the theft1 destruction1 concealment1 mutilation1 or alteration of1 after or alters2 and 7#b7 by striking record or paper and inserting record 7including electronic record71 paper1 or election equipment4 7b7 ,inspection1 reproduction1 and copying ,section #cjc of such ,act 7#eb ,u4,s4,c4 #bjgjc7 is amended by striking record or paper each place it appears and inserting record 7including electronic record71 paper1 or election equipment4 7c7 ,nondisclosure ,section #cjd of such ,act 7#eb ,u4,s4,c4 #bjgjd7 is amended by striking record or paper and inserting record 7including electronic record71 paper1 or election equipment4 7d7 ,jurisdiction to compel production ,section #cje of such ,act 7#eb ,u4,s4,c4 #bjgje7 is amended by striking record or paper each place it appears and inserting record 7including electronic record71 paper1 or election equipment4 #ccjc4 ,judicial review to ensure compliance ,title ,,iii of the ,civil ,rights ,act of #aifj 7#eb ,u4,s4,c4 #bjgja et seq47 is amended by adding at the end the following3 #cjg4 ,judicial review to ensure compliance 7a7 ,cause of action ,the ,attorney ,general1 a representative of the ,attorney ,general1 or a candidate in a ,federal election described in section #cja may bring an action in the district court of the ,united ,states for the judicial district in which a record or paper is located1 or in the ,united ,states ,district ,court for the ,district of ,columbia1 to compel compliance with the requirements of section #cja4 7b7 ,duty to expedite ,it shall be the duty of the court to advance on the docket1 and to expedite to the greatest possible extent the disposition of1 the action and any appeal under this section4 4 ,e ,judicial ,protection of the ,right to ,vote and ,non-partisan ,vote ,tabulation #a ,right to ,vote ,act #cdja4 ,short title ,this part may be cited as the ,right to ,vote ,act4 #cdjb4 ,undue burdens on the ability to vote in elections for ,federal office prohibited 7a7 ,in general ,every citizen of legal voting age shall have the right to vote and have one's vote counted in elections for ,federal office free from any burden on the time1 place1 or manner of voting1 as set forth in subsections 7b7 and 7c74 7b7 ,retrogression ,a government may not diminish the ability to vote or to have one's vote counted in an election for ,federal office unless the law1 rule1 standard1 practice1 procedure1 or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important1 particularized government interest4 7c7 ,substantial impairment 7#a7 ,in general ,a government may not substantially impair the ability of an individual to vote or to have one's vote counted in an election for ,federal office unless the law1 rule1 standard1 practice1 procedure1 or other governmental action causing the impairment significantly furthers an important1 particularized governmental interest4 7#b7 ,substantial impairment ,for purposes of this section1 a substantial impairment is a non-trivial impairment that makes it more difficult to vote or to have one's vote counted than if the law1 rule1 standard1 practice1 procedure1 or other governmental action had not been adopted or implemented4 ,an impairment may be substantial even if the voter or other similarly situated voters are able to vote or to have one's vote counted notwithstanding the impairment4 #cdjc4 ,judicial review 7a7 ,civil action ,an action challenging a violation of this part may be brought by any aggrieved person or the ,attorney ,general in the district court for the ,district of ,columbia1 or the district court for the district in which the violation took place or where any defendant resides or does business1 at the selection of the plaintiff1 to obtain all appropriate relief1 whether declaratory or injunctive1 or facial or as-applied4 ,process may be served in any district where a defendant resides1 does business1 or may be found4 7b7 ,standards to be applied ,a courts adjudicating an action brought under this part shall apply the following standards3 7#a7 ,retrogression 7,a7 ,a plaintiff establishes a prima facie case of retrogression by demonstrating by a preponderance of the evidence that a rule1 standard1 practice1 procedure1 or other governmental action diminishes the ability1 or otherwise makes it more difficult1 to vote1 or have one's vote counted4 7,b7 ,if a plaintiff establishes a prima facie case as described in subparagraph 7,a71 the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important1 particularized governmental interest4 7,c7 ,if the government meets its burden under subparagraph 7,b71 the challenged rule1 standard1 practice1 procedure1 or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particularized important governmental interest4 7#b7 ,substantial ,impairment 7,a7 ,a plaintiff establishes a prima facie case of substantial impairment by demonstrating by a preponderance of the evidence that a rule1 standard1 practice1 procedure1 or other governmental action is a non-trivial impairment of the ability to vote or to have one's vote counted4 7,b7 ,if a plaintiff establishes a prima facie case as described in subparagraph 7,a71 the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important1 particularized governmental interest4 7c7 ,duty to expedite ,it shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section4 7d7 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended-- 7#a7 by striking or section #djcjb and inserting section #djcjb2 and 7#b7 by striking 1 the court and inserting 1 or section #cdjb7;a7 of the ,freedom to ,vote ,act1 the court4 #cdjd4 ,definitions ,in this part-- 7#a7 the term covered entity means the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands2 7#b7 the terms election and ,federal office have the meanings given such terms in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja72 7#c7 the term have one's vote counted means all actions necessary to have a vote included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election and reflected in the certified vote totals by any government responsible for tallying or certifying the results of elections for ,federal office2 7#d7 the term government includes a branch1 department1 agency1 instrumentality1 and official 7or other person acting under color of law7 of the ,united ,states1 of any ,state1 of any covered entity1 or of any political subdivision of any ,state or covered entity2 and 7#e7 the term vote means all actions necessary to make a vote effective1 including registration or other action required by law as a prerequisite to voting1 casting a ballot4 #cdje4 ,rules of construction 7a7 ,burdens not authorized ,nothing in this part may be construed to authorize a government to burden the right to vote in elections for ,federal office4 7b7 ,other rights and remedies ,nothing in this part shall be construed to alter any rights existing under a ,state constitution or the ,constitution of the ,united ,states1 or to limit any remedies for any other violations of ,federal1 ,state1 or local law4 7c7 ,other provisions of this act ,nothing in this subtitle shall be construed as affecting section #agjc of this ,act 7relating to rights of citizens74 7d7 ,other definitions ,the definitions set forth in section #cdjd shall apply only to this part and shall not be construed to amend or interpret any other provision of law4 #cdjf4 ,severability ,if any provision of this part or the application of such provision to any citizen or circumstance is held to be unconstitutional1 the remainder of this part and the application of the provisions of such to any citizen or circumstance shall not be affected thereby4 #cdjg4 ,effective date 7a7 ,actions brought for retrogression ,subsection 7b7 of section #cdjb shall apply to any law1 rule1 standard1 practice1 procedure1 or other governmental action that was not in effect during the ,november #bjbj general election for ,federal office but that will be in effect with respect to elections for ,federal office occurring on or after ,january #a1 #bjbb1 even if such law1 rule1 standard1 practice1 procedure1 or other governmental action is already in effect as of the date of the enactment of this ,act4 7b7 ,actions brought for substantial impairment ,subsection 7c7 of section #cdjb shall apply to any law1 rule1 standard1 practice1 procedure1 or other governmental action in effect with respect to elections for ,federal office occurring on or after ,january #a1 #bjbb4 #b ,clarifying ,jurisdiction ,over ,election ,disputes #cdaa4 ,findings ,in addition to providing for the statutory rights described in sections part #a1 including judicial review under section #cdjc1 ,congress makes the following findings regarding enforcement of constitutional provisions protecting the right to vote3 7#a7 ,it is a priority of ,congress to ensure that pending and future disputes arising under the ,fifteenth ,amendment or any other constitutional provisions protecting the right to vote may be heard in federal court4 7#b7 ,the ,fifth ,circuit has misconstrued section #acdd of title #bh1 ,united ,states ,code1 to deprive ,federal courts of subject matter jurisdiction in certain classes of cases that implicate voters' constitutional rights1 see1 e4g41,keyes v4 ,gunn1 #hij ,f4#c;d #bcb 7#eth ,cir4 #bjah71 cert4 denied1 #aci ,s4 ,ct4 #dcd 7#bjah72 ,johnson v4 ,stevenson1 #agj ,f4#b;d #ajh 7#eth ,cir4 #aidh74 7#c7 ,section #acdd of such title is also superfluous in light of other broad grants of ,federal jurisdiction4 ,see1 e4g41 section #acca1 section #acdc7;a77#c71 and section #acdc7;a77#d7 of title #bh1 ,united ,states ,code4 7#d7 ,congress therefore finds that a repeal of section #acdd is appropriate and that such repeal will ensure that ,federal courts nationwide are empowered to enforce voters' constitutional rights in federal elections and state legislative elections4 #cdab4 ,clarifying authority of ,united ,states district courts to hear cases 7a7 ,in general ,section #acdd of title #bh1 ,united ,states ,code1 is repealed4 7b7 ,continuing authority of courts to hear cases under other existing authority ,nothing in this part may be construed to affect the authority of district courts of the ,united ,states to exercise jurisdiction pursuant to existing provisions of law1 including sections #acca1 #acdc7;a77#c71 and #acdc7;a77#d7 of title #bh1 ,united ,states ,code1 in any cases arising under the ,constitution1 laws1 or treaties of the ,united ,states concerning the administration1 conduct1 or results of an election for ,federal office or state legislative office4 7c7 ,clerical amendment ,the table of sections for chapter #he of title #bh1 ,united ,states ,code1 is amended by striking the item relating to section #acdd4 #cdac4 ,effective date ,this part and the amendments made by this part shall apply to actions brought on or after the date of the enactment of this ,act and to actions brought before the date of enactment of this ,act which are pending as of such date4 ,f ,poll ,worker ,recruitment and ,training #ceja4 ,grants to ,states for poll worker recruitment and training 7a7 ,grants by ,election ,assistance ,commission 7#a7 ,in general ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall1 subject to the availability of appropriations provided to carry out this section1 make a grant to each eligible ,state for recruiting and training individuals to serve as poll workers on dates of elections for public office4 7#b7 ,use of ,commission materials ,in carrying out activities with a grant provided under this section1 the recipient of the grant shall use the manual prepared by the ,commission on successful practices for poll worker recruiting1 training1 and retention as an interactive training tool1 and shall develop training programs with the participation and input of experts in adult learning4 7#c7 ,access and cultural considerations ,the ,commission shall ensure that the manual described in paragraph 7#b7 provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services1 including those with limited ,english proficiency1 diverse cultural and ethnic backgrounds1 disabilities1 and regardless of gender1 sexual orientation1 or gender identity4 ,these methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter4 7b7 ,requirements for ,eligibility 7#a7 ,application ,each ,state that desires to receive a payment under this section shall submit an application for the payment to the ,commission at such time and in such manner and containing such information as the ,commission shall require4 7#b7 ,contents of ,application ,each application submitted under paragraph 7#a7 shall-- 7,a7 describe the activities for which assistance under this section is sought2 7,b7 provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities2 7,c7 provide assurances that the ,state will furnish the ,commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section2 7,d7 provide assurances that the ,state will dedicate poll worker recruitment efforts with respect to-- 7i7 youth and minors1 including by recruiting at institutions of higher education and secondary education2 and 7ii7 diversity1 including with respect to race1 ethnicity1 and disability2 and 7,e7 provide such additional information and certifications as the ,commission determines to be essential to ensure compliance with the requirements of this section4 7c7 ,amount of ,grant 7#a7 ,in general ,the amount of a grant made to a ,state under this section shall be equal to the product of-- 7,a7 the aggregate amount made available for grants to ,states under this section2 and 7,b7 the voting age population percentage for the ,state4 7#b7 ,voting age population percentage defined ,in paragraph 7#a71 the voting age population percentage for a ,state is the quotient of-- 7,a7 the voting age population of the ,state 7as determined on the basis of the most recent information available from the ,bureau of the ,census72 and 7,b7 the total voting age population of all ,states 7as determined on the basis of the most recent information available from the ,bureau of the ,census74 7d7 ,reports to ,congress 7#a7 ,reports by recipients of grants ,not later than #f months after the date on which the final grant is made under this section1 each recipient of a grant shall submit a report to the ,commission on the activities conducted with the funds provided by the grant4 7#b7 ,reports by ,commission ,not later than #a year after the date on which the final grant is made under this section1 the ,commission shall submit a report to ,congress on the grants made under this section and the activities carried out by recipients with the grants1 and shall include in the report such recommendations as the ,commission considers appropriate4 7e7 ,funding 7#a7 ,continuing availability of amount appropriated ,any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended4 7#b7 ,administrative expenses ,of the amount appropriated for any fiscal year to carry out this section1 not more than #c percent shall be available for administrative expenses of the ,commission4 #cejb4 ,state defined ,in this subtitle1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 ,g ,preventing ,poll ,observer ,interference #cfja4 ,protections for voters on ,election ,day 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,voter protection requirements 7a7 ,requirements for challenges by persons other than election officials 7#a7 ,requirements for challenges ,no person1 other than a ,state or local election official1 shall submit a formal challenge to an individual's eligibility to register to vote in an election for ,federal office or to vote in an election for ,federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is-- 7,a7 documented in writing2 and 7,b7 subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election1 except a challenge which is based on the race1 ethnicity1 or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph4 7#b7 ,prohibition on challenges on or near date of election ,no person1 other than a ,state or local election official1 shall be permitted-- 7,a7 to challenge an individual's eligibility to vote in an election for ,federal office on the date of the election on grounds that could have been made in advance of such date1 or 7,b7 to challenge an individual's eligibility to register to vote in an election for ,federal office or to vote in an election for ,federal office less than #aj days before the election unless the individual registered to vote less than #bj days before the election4 7b7 ,buffer rule 7#a7 ,in general ,a person who is serving as a poll observer with respect to an election for ,federal office may not come within #h feet of-- 7,a7 a voter or ballot at a polling location during any period of voting 7including any period of early voting7 in such election2 or 7,b7 a ballot at any time during which the processing1 scanning1 tabulating1 canvassing1 or certifying voting results is occurring4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 may be construed to limit the ability of a ,state or local election official to require poll observers to maintain a distance greater than #h feet4 7c7 ,effective date ,this section shall apply with respect to elections for ,federal office occurring on and after ,january #a1 #bjbb4 4 7b7 ,conforming amendment relating to voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b7 and as amended by sections #aajb1 #aajc1 #aajd1 and #acjc1 is amended by striking and #cac and inserting #cac1 and #cjc;,a4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cjc the following3 ,sec4 #cjc;,a4 ,voter protection requirements4 4 ,h ,preventing ,restrictions on ,food and ,beverages #cgja4 ,short title2 findings 7a7 ,short title ,this subtitle may be cited as the ,voters' ,access to ,water ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,states have a legitimate interest in prohibiting electioneering at or near polling places1 and each ,state has some form of restriction on political activities near polling places when voting is taking place4 7#b7 ,in recent elections1 voters have waited in unacceptably long lines to cast their ballot4 ,during the #bjah midterm election1 more than #c1jjj1jjj voters were made to wait longer than the acceptable threshold for wait times set by the ,presidential ,commission on ,election ,administration1 including many well-documented cases where voters were made to wait for several hours4 ,a disproportionate number of those who had to wait long periods were ,black or ,latino voters1 who were more likely than ,white voters to wait in the longest lines on ,election ,day4 7#c7 ,allowing volunteers to donate food and water to all people waiting in line at a polling place1 regardless of the voters' political preference and without engaging in electioneering activities or partisan advocacy1 helps ensure ,americans who face long lines at their polling place can still exercise their ,constitutional right to vote1 without risk of dehydration1 inadequate food1 discomfort1 and risks to health4 #cgjb4 ,prohibiting restrictions on donations of food and beverages at polling stations 7a7 ,requirement ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ajca7;a71 section #ajdd7;a71 section #aaja7;a71 section #aajb7;a71 section #aajc7;a71 section #aajd7;a71 section #abja7;a71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 section #afjf7;a77#a71 section #afjg7;a71 and section #afbd7;a7 is amended-- 7#a7 by redesignating sections #cah and #cai as sections #cai and #cbj1 respectively2 and 7#b7 by inserting after section #cag the following new section3 #cah4 ,prohibiting ,states from restricting donations of food and beverages at polling stations 7a7 ,prohibition ,subject to the exception in subsection 7b71 a ,state may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a ,federal election is located1 provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients4 7b7 ,exception ,a ,state may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a ,federal election is located to refrain from political or electioneering activity4 7c7 ,effective date ,this section shall apply with respect to elections for ,federal office occurring on and after ,january #a1 #bjbb4 4 7b7 ,voluntary guidance ,section #cba7;b77#d7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as added and redesignated by section #aaja7;b7 and as amended by sections #aajb1 #aajc1 #aajd1 #acjc1 and #cfja7;b71 is amended by striking and #cjc;,a and inserting #cjc;,a1 and #cag4 7c7 ,clerical amendments ,the table of contents of such ,act1 as amended by section #ajca7;c71 section #ajdd7;b71 section #aaja7;c71 section #aajb7;c71 section #aajc7;a71 section #aajd7;c71 section #abja7;c71 section #acja7;a71 section #acjb7;a71 section #acjc7;b71 section #acje7;a71 section #afjf7;a77#c71 section #afjg7;b71 and section #afbd7;b7 is amended-- 7#a7 by redesignating the items relating to sections #cah and #cai as relating to sections #cai and #cbj1 respectively2 and 7#b7 by inserting after the item relating to section #cag the following new item3 ,sec4 #cah4 ,prohibiting ,states from restricting donations of food and beverages at polling stations4 4 ,i ,establishing ,duty to ,report ,foreign ,election ,interference #chja4 ,findings relating to illicit money undermining our democracy ,congress finds the following3 7#a7 ,criminals1 terrorists1 and corrupt government officials frequently abuse anonymously held ,limited ,liability ,companies 7,l,l,cs71 also known as 8shell companies10 to hide1 move1 and launder the dirty money derived from illicit activities such as trafficking1 bribery1 exploitation1 and embezzlement4 ,ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities4 7#b7 ,the public release of the 8,panama ,papers0 in #bjaf and the 8,paradise ,papers0 in #bjag revealed that these shell companies often purchase and sell ,united ,states real estate4 ,united ,states anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement4 7#c7 ,since the ,supreme ,court's decisions in ,citizens ,united v4 ,federal ,election ,commission1 #eeh ,u4,s4 #caj 7#bjaj71 millions of dollars have flowed into super ,p,a,cs through ,l,l,cs whose funders are anonymous or intentionally obscured4 ,criminal investigations have uncovered ,l,l,cs that were used to hide illegal campaign contributions from foreign criminal fugitives1 to advance international influence-buying schemes1 and to conceal contributions from donors who were already under investigation for bribery and racketeering4 ,voters have no way to know the true sources of the money being routed through these ,l,l,cs to influence elections1 including whether any of the funds come from foreign or other illicit sources4 7#d7 ,congress should curb the use of anonymous shell companies for illicit purposes by requiring ,united ,states companies to disclose their beneficial owners1 strengthening anti-money laundering and counter-terrorism finance laws4 7#e7 ,congress should examine the money laundering and terrorist financing risks in the real estate market1 including the role of anonymous parties1 and review legislation to address any vulnerabilities identified in this sector4 7#f7 ,congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability4 ,congress should monitor government efforts to enforce ,united ,states anticorruption laws and regulations4 #chjb4 ,federal campaign reporting of foreign contacts 7a7 ,initial notice 7#a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7 is amended by adding at the end the following new subsection3 7j7 ,disclosure of reportable foreign contacts 7#a7 ,committee obligation to notify ,not later than #a week after a reportable foreign contact1 each political committee shall notify the ,federal ,bureau of ,investigation and the ,commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact4 ,the ,federal ,bureau of ,investigation1 not later than #a week after receiving a notification from a political committee under this paragraph1 shall submit to the political committee1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,select ,committee on ,intelligence of the ,senate written or electronic confirmation of receipt of the notification4 7#b7 ,individual obligation to notify ,not later than #c days after a reportable foreign contact-- 7,a7 each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact2 and 7,b7 each official1 employee1 or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact4 7#c7 ,reportable foreign contact ,in this subsection3 7,a7 ,in general ,the term reportable foreign contact means any direct or indirect contact or communication that-- 7i7 is between-- 7,i7 a candidate1 an immediate family member of the candidate1 a political committee1 or any official1 employee1 or agent of such committee2 and 7,,ii7 an individual that the person described in subclause 7,i7 knows1 has reason to know1 or reasonably believes is a covered foreign national2 and 7ii7 the person described in clause 7i77,i7 knows1 has reason to know1 or reasonably believes involves-- 7,i7 an offer or other proposal for a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai2 or 7,,ii7 direct or indirect coordination or collaboration with1 or a direct or indirect offer or provision of information or services to or from1 a covered foreign national in connection with an election4 7,b7 ,exceptions 7i7 ,contacts in official capacity as elected official ,the term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee4 7ii7 ,contacts for purposes of enabling observation of elections by international observers ,the term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the ,united ,states by a foreign national or the observation of elections outside of the ,united ,states by a candidate1 political committee1 or any official1 employee1 or agent of such committee4 7iii7 ,exceptions not applicable if contacts or communications involve prohibited disbursements ,a contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause 7i71 and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause 7ii71 if the contact or communication involves a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai4 7,c7 ,covered foreign national defined 7i7 ,in general ,in this paragraph1 the term covered foreign national means-- 7,i7 a foreign principal 7as defined in section #a7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;b77 that is a government of a foreign country or a foreign political party2 7,,ii7 any person who acts as an agent1 representative1 employee1 or servant1 or any person who acts in any other capacity at the order1 request1 or under the direction or control1 of a foreign principal described in subclause 7,i7 or of a person any of whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a foreign principal described in subclause 7,i72 or 7,,iii7 any person included in the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause 7,i74 7ii7 ,clarification regarding application to citizens of the ,united ,states ,in the case of a citizen of the ,united ,states1 subclause 7,,ii7 of clause 7i7 applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause 7,i7 of clause 7i74 7#d7 ,immediate family member ,in this subsection1 the term immediate family member means1 with respect to a candidate1 a parent1 parent-in-law1 spouse1 adult child1 or sibling4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this ,act4 7b7 ,information included on report 7#a7 ,in general ,section #cjd7;b7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#g72 7,b7 by striking the period at the end of paragraph 7#h7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#i7 for any reportable foreign contact 7as defined in subsection 7j77#c77-- 7,a7 the date1 time1 and location of the contact2 7,b7 the date and time of when a designated official of the committee was notified of the contact2 7,c7 the identity of individuals involved2 and 7,d7 a description of the contact1 including the nature of any contribution1 donation1 expenditure1 disbursement1 or solicitation involved and the nature of any activity described in subsection 7j77#c77;,a77ii77,,ii7 involved4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to reports filed on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #chjc4 ,federal campaign foreign contact reporting compliance system 7a7 ,in general ,section #cjb of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajb7 is amended by adding at the end the following new subsection3 7j7 ,reportable foreign contacts compliance policy 7#a7 ,reporting ,each political committee shall establish a policy that requires all officials1 employees1 and agents of such committee 7and1 in the case of an authorized committee1 the candidate and each immediate family member of the candidate7 to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact 7as defined in section #cjd7;j77 not later than #c days after such contact was made4 7#b7 ,retention and preservation of records ,each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts 7as so defined7 for a period of not less than #c years4 7#c7 ,certification 7,a7 ,in general ,upon filing its statement of organization under section #cjc7;a71 and with each report filed under section #cjd7;a71 the treasurer of each political committee 7other than an authorized committee7 shall certify that-- 7i7 the committee has in place policies that meet the requirements of paragraphs 7#a7 and 7#b72 7ii7 the committee has designated an official to monitor compliance with such policies2 and 7iii7 not later than #a week after the beginning of any formal or informal affiliation with the committee1 all officials1 employees1 and agents of such committee will-- 7,i7 receive notice of such policies2 7,,ii7 be informed of the prohibitions under section #cai2 and 7,,iii7 sign a certification affirming their understanding of such policies and prohibitions4 7,b7 ,authorized committees ,with respect to an authorized committee1 the candidate shall make the certification required under subparagraph 7,a74 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to political committees which file a statement of organization under section #cjc7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajc7;a77 on or after the date of the enactment of this ,act4 7#b7 ,transition rule for existing committees ,not later than #cj days after the date of the enactment of this ,act1 each political committee under the ,federal ,election ,campaign ,act of #aiga shall file a certification with the ,federal ,election ,commission that the committee is in compliance with the requirements of section #cjb7;j7 of such ,act 7as added by subsection 7a774 #chjd4 ,criminal penalties ,section #cji7;d77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;d77#a77 is amended by adding at the end the following new subparagraphs3 7,e7 ,any person who knowingly and willfully commits a violation of subsection 7j7 or 7b77#i7 of section #cjd or section #cjb7;j7 shall be fined not more than #ejj1jjj1 imprisoned not more than #e years1 or both4 7,f7 ,any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact 7as defined in section #cjd7;j77 shall be fined not more than #a1jjj1jjj1 imprisoned not more than #e years1 or both4 4 #chje4 ,report to congressional intelligence committees 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director of the ,federal ,bureau of ,investigation shall submit to the congressional intelligence committees a report relating to notifications received by the ,federal ,bureau of ,investigation under section #cjd7;j77#a7 of the ,federal ,election ,campaign ,act of #aiga 7as added by section #dijb7;a7 of this ,act74 7b7 ,elements ,each report under subsection 7a7 shall include1 at a minimum1 the following with respect to notifications described in subsection 7a73 7#a7 ,the number of such notifications received from political committees during the year covered by the report4 7#b7 ,a description of protocols and procedures developed by the ,federal ,bureau of ,investigation relating to receipt and maintenance of records relating to such notifications4 7#c7 ,with respect to such notifications received during the year covered by the report1 a description of any subsequent actions taken by the ,director resulting from the receipt of such notifications4 7c7 ,congressional intelligence committees defined ,in this section1 the term congressional intelligence committees has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #chjf4 ,rule of construction ,nothing in this subtitle or the amendments made by this subtitle shall be construed-- 7#a7 to impede legitimate journalistic activities2 or 7#b7 to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- 7,a7 resides in the ,united ,states2 7,b7 is not a citizen of the ,united ,states or a national of the ,united ,states1 as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 and 7,c7 is not lawfully admitted for permanent residence1 as defined by section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 ,j ,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verifiable ,permanent ,paper ,ballot #cija4 ,short title ,this subtitle may be cited as the ,voter ,confidence and ,increased ,accessibility ,act of #bjba4 #cijb4 ,paper ballot and manual counting requirements 7a7 ,in general ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verifiable paper ballots 7i7 ,the voting system shall require the use of an individual1 durable1 voter-verifiable paper ballot of the voter's vote selections that shall be marked by the voter and presented to the voter for verification before the voter's ballot is preserved in accordance with subparagraph 7,b71 and which shall be counted by hand or other counting device or read by a ballot tabulation device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system1 so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates4 7ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph 7,b74 7iii7 ,the voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the record of the voter's vote selections4 7iv7 ,the voting system shall prevent1 through mechanical means or through independently verified protections1 the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause 7ii74 7,b7 ,preservation as official record ,the individual1 durable1 voter-verifiable paper ballot used in accordance with subparagraph 7,a7 shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for ,federal office in which the voting system is used4 7,c7 ,manual counting requirements for recounts and audits 7i7 ,each paper ballot used pursuant to subparagraph 7,a7 shall be suitable for a manual audit1 and such ballots1 or at least those ballots the machine could not count1 shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7ii7 ,in the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verifiable paper ballots used pursuant to subparagraph 7,a71 the individual1 durable1 voter-verifiable paper ballots shall be the true and correct record of the votes cast4 7,d7 ,sense of congress ,it is the sense of ,congress that as innovation occurs in the election infrastructure sector1 ,congress should ensure that this ,act and other ,federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility4 4 7b7 ,conforming amendment clarifying applicability of alternative language accessibility ,section #cja7;a77#d7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#d77 is amended by inserting 7including the paper ballots required to be used under paragraph 7#b77 after voting system4 7c7 ,other conforming amendments ,section #cja7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#b7 in subparagraph 7,a77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#c7 in subparagraph 7,a77iii71 by striking counted each place it appears and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 and 7#d7 in subparagraph 7,b77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c74 #cijc4 ,accessibility and ballot verification for individuals with disabilities 7a7 ,in general ,paragraph 7#c7 of section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77 is amended to read as follows3 7#c7 ,accessibility for individuals with disabilities 7,a7 ,in general ,the voting system shall-- 7i7 be accessible for individuals with disabilities1 including nonvisual accessibility for the blind and visually impaired1 in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 7ii7 7,i7 ensure that individuals with disabilities and others are given an equivalent opportunity to vote1 including with privacy and independence1 in a manner that produces a voter-verifiable paper ballot2 and 7,,ii7 satisfy the requirement of clause 7i7 through the use at in-person polling locations of a sufficient number 7not less than one7 of voting systems equipped to serve individuals with and without disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired2 and 7iii7 if purchased with funds made available under title ,,ii on or after ,january #a1 #bjjg1 meet the voting system standards for disability access 7as outlined in this paragraph74 7,b7 ,means of meeting requirements ,a voting system may meet the requirements of subparagraph 7,a77i7 and paragraph 7#b7 by-- 7i7 allowing the voter to privately and independently verify the permanent paper ballot through the presentation1 in accessible form1 of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing2 7ii7 allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot2 7iii7 marking ballots that are identical in size1 ink1 and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters2 or 7iv7 combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters1 in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities4 7,c7 ,sufficient number ,for purposes of subparagraph 7,a77ii77,,ii71 the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the ,attorney ,general1 in consultation with the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib7;a77#a77 7commonly referred to as the ,united ,states ,access ,board7 and the ,commission4 4 7b7 ,specific requirement of study1 testing1 and development of accessible voting options 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7,a7 by redesignating section #bdg as section #bdh2 and 7,b7 by inserting after section #bdg the following new section3 #bdh4 ,study and report on accessible voting options 7a7 ,grants to study and report ,the ,commission1 in coordination with the ,access ,board and the ,cybersecurity and ,infrastructure ,security ,agency1 shall make grants to not fewer than #b eligible entities to study1 test1 and develop-- 7#a7 accessible and secure remote voting systems2 7#b7 voting1 verification1 and casting devices to enhance the accessibility of voting and verification for individuals with disabilities2 or 7#c7 both of the matters described in paragraph 7#a7 and 7#b74 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,commission 7at such time and in such form as the ,commission may require7 an application containing-- 7#a7 a certification that the entity shall complete the activities carried out with the grant not later than ,january #a1 #bjbd2 and 7#b7 such other information and certifications as the ,commission may require4 7c7 ,availability of technology ,any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public1 including to manufacturers of voting systems4 7d7 ,coordination with grants for technology improvements ,the ,commission shall carry out this section so that the activities carried out with the grants made under subsection 7a7 are coordinated with the research conducted under the grant program carried out by the ,commission under section #bga1 to the extent that the ,commission determine necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #aj1jjj1jjj1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7,b7 by inserting after the item relating to section #bdg the following new item3 ,sec4 #bdh4 ,study and report on accessible voting options4 4 7c7 ,clarification of accessibility standards under voluntary voting system guidance ,in adopting any voluntary guidance under subtitle ,b of title ,,iii of the ,help ,america ,vote ,act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities1 the ,election ,assistance ,commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle4 7d7 ,permitting use of funds for protection and advocacy systems ,to support actions ,to enforce election-,related disability access ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #cijd4 ,durability and readability requirements for ballots ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77 is amended by adding at the end the following new paragraph3 7#g7 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verifiable paper ballots required to be used under this ,act shall be marked or printed on durable paper4 7ii7 ,definition ,for purposes of this ,act1 paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots1 and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of #bb months4 7,b7 ,readability requirements for paper ballots marked by ballot marking device ,all voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance 7other than eyeglasses or other personal vision enhancing devices7 and by a ballot tabulation device or other device equipped for individuals with disabilities4 4 #cije4 ,study and report on optimal ballot design 7a7 ,study ,the ,election ,assistance ,commission shall conduct a study of the best ways to design ballots used in elections for public office1 including paper ballots and electronic or digital ballots1 to minimize confusion and user errors4 7b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,election ,assistance ,commission shall submit to ,congress a report on the study conducted under subsection 7a74 #cijf4 ,ballot marking device cybersecurity requirements ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ciad1 is further amended by adding at the end the following new paragraphs3 7#h7 ,prohibition of use of wireless communications devices in systems or devices ,no system or device upon which ballot marking devices or ballot tabulation devices are configured1 upon which ballots are marked by voters at a polling place 7except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph 7#c771 or upon which votes are cast1 tabulated1 or aggregated shall contain1 use1 or be accessible by any wireless1 power-line1 or concealed communication device4 7#i7 ,prohibiting connection of system to the internet ,no system or device upon which ballot marking devices or ballot tabulation devices are configured1 upon which ballots are marked by voters at a voting place1 or upon which votes are cast1 tabulated1 or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time4 4 #cijg4 ,effective date for new requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;d77 is amended to read as follows3 7d7 ,effective ,date 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjjf4 7#b7 ,special rule for certain requirements 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the requirements of this section which are first imposed on a ,state or jurisdiction pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjba shall apply with respect to voting systems used for any election for ,federal office held in #bjbb or any succeeding year4 7,b7 ,special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjbj 7i7 ,in general ,in the case of a jurisdiction described in clause 7ii71 the requirements of paragraphs 7#b77;,a77i7 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjba7 shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause 7ii77,i7 for use in the administration of elections for ,federal office4 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used voter-verifiable paper record printers attached to direct recording electronic voting machines1 or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs 7#b77;,a77i7 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjba71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbj2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before the applicable year4 7iii7 ,mandatory availability of paper ballots at polling places using grandfathered printers and systems 7,i7 ,requiring ballots to be offered and provided ,the appropriate election official at each polling place that uses a printer or system described in clause 7ii77,i7 for the administration of elections for ,federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system4 ,the official shall provide the individual with the ballot and the supplies necessary to mark the ballot1 and shall ensure 7to the greatest extent practicable7 that the waiting period for the individual to cast a vote is the lesser of #cj minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause4 7,,ii7 ,treatment of ballot ,any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7,,iii7 ,posting of notice ,the appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot4 ,the notice shall comply with the requirements of section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 7,,iv7 ,training of election officials ,the chief ,state election official shall ensure that election officials at polling places in the ,state are aware of the requirements of this clause1 including the requirement to display a notice under subclause 7,,iii71 and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period beginning on ,january #a1 #bjbb1 and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause 7ii77,i7 for use in the administration of elections for ,federal office4 7,c7 ,delay for certain jurisdictions using voting systems with wireless communication devices or internet connections 7i7 ,delay ,in the case of a jurisdiction described in clause 7ii71 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to #bjbb were a reference to the applicable year1 but only with respect to the following requirements of this section4 7,i7 ,paragraph 7#h7 of subsection 7a7 7relating to prohibition of wireless communication devices7 7,,ii7 ,paragraph 7#i7 of subsection 7a7 7relating to prohibition of connecting systems to the internet7 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used a voting system which is not in compliance with paragraphs 7#h7 or 7#i7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjba7 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbj2 7,,ii7 which was not able1 to all extent practicable1 to comply with paragraph 7#h7 and 7#i7 of subsection 7a7 before ,january #a1 #bjbb2 and 7,,iii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before the applicable year4 7iii7 ,applicable year 7,i7 ,in general ,except as provided in subclause 7,,ii71 the term applicable year means #bjbf4 7,,ii7 ,extension ,if a ,state or jurisdiction certifies to the ,commission not later than ,january #a1 #bjbf1 that the ,state or jurisdiction will not meet the requirements described in subclauses 7,i7 and 7,,ii7 of clause 7i7 by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline1 the term applicable year means #bjcj4 4 #cijh4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability of grants 7#a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq471 as amended by section #acjb7;c71 is amended by adding at the end the following new part3 #h ,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements #bih4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability and use of grant 7#a7 ,in general ,the ,commission shall make a grant to each eligible ,state-- 7,a7 to replace a voting system-- 7i7 which does not meet the requirements which are first imposed on the ,state pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjba with a voting system which-- 7,i7 does meet such requirements2 and 7,,ii7 in the case of a grandfathered voting system 7as defined in paragraph 7#b771 is in compliance with the most recent voluntary voting system guidelines2 or 7ii7 which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines2 7,b7 to carry out voting system security improvements described in section #bih;,a with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding election for ,federal office2 7,c7 to implement and model best practices for ballot design1 ballot instructions1 and the testing of ballots2 and 7,d7 to purchase or acquire accessible voting systems that meet the requirements of paragraph 7#b7 and paragraph 7#c77;,a77i7 of section #cja7;a7 by the means described in paragraph 7#c77;,b7 of such section4 7#b7 ,definition of grandfathered voting system ,in this subsection1 the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph 7,b77ii7 or 7,c77ii7 of section #cja7;d77#b74 7b7 ,amount of payment 7#a7 ,in general ,the amount of payment made to an eligible ,state under this section shall be the minimum payment amount described in paragraph 7#b7 plus the voting age population proportion amount described in paragraph 7#c74 7#b7 ,minimum payment amount ,the minimum payment amount described in this paragraph is-- 7,a7 in the case of any of the several ,states or the ,district of ,columbia1 one-half of #a percent of the aggregate amount made available for payments under this section2 and 7,b7 in the case of the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 one-tenth of #a percent of such aggregate amount4 7#c7 ,voting age population proportion amount ,the voting age population proportion amount described in this paragraph is the product of-- 7,a7 the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph 7#b72 and 7,b7 the voting age population proportion for the ,state 7as defined in paragraph 7#d774 7#d7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to a ,state1 the amount equal to the quotient of-- 7,a7 the voting age population of the ,state 7as reported in the most recent decennial census72 and 7,b7 the total voting age population of all ,states 7as reported in the most recent decennial census74 7#e7 ,requirement relating to purchase of accessible voting systems ,an eligible ,state shall use not less than #aj percent of funds received by the ,state under this section to purchase accessible voting systems described in subsection 7a77#a77;,d74 #bih;,a4 ,voting system security improvements described 7a7 ,permitted uses ,a voting system security improvement described in this section is any of the following3 7#a7 ,the acquisition of goods and services from qualified election infrastructure vendors by purchase1 lease1 or such other arrangements as may be appropriate4 7#b7 ,cyber and risk mitigation training4 7#c7 ,a security risk and vulnerability assessment of the ,state's election infrastructure 7as defined in section #cijh7;b7 of the ,voter ,confidence and ,increased ,accessibility ,act of #bjba7 which is carried out by a provider of cybersecurity services under a contract entered into between the chief ,state election official and the provider4 7#d7 ,the maintenance of infrastructure used for elections1 including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph 7#c71 except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections1 and which is used primarily for purposes other than the administration of elections for public office4 7#e7 ,providing increased technical support for any information technology infrastructure that the chief ,state election official deems to be part of the ,state's election infrastructure 7as so defined7 or designates as critical to the operation of the ,state's election infrastructure 7as so defined74 7#f7 ,enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph 7#d74 7#g7 ,enhancing the cybersecurity of voter registration systems4 7b7 ,qualified election infrastructure vendors described ,for purposes of this part1 a qualified election infrastructure vendor is any person who provides1 supports1 or maintains1 or who seeks to provide1 support1 or maintain1 election infrastructure 7as defined in section #cijh7;b7 of the ,voter ,confidence and ,increased ,accessibility ,act of #bjba7 on behalf of a ,state1 unit of local government1 or election agency 7as defined in section #cijh7;b7 of such ,act7 who meets the criteria described in section #cijh7;b7 of such ,act4 #bih;,b4 ,eligibility of ,states ,a ,state is eligible to receive a grant under this part if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a description of how the ,state will use the grant to carry out the activities authorized under this part2 7#b7 a certification and assurance that1 not later than #e years after receiving the grant1 the ,state will carry out voting system security improvements1 as described in section #bih;,a2 and 7#c7 such other information and assurances as the ,commission may require4 #bih;,c4 ,reports to ,congress ,not later than #ij days after the end of each fiscal year1 the ,commission shall submit a report to the ,committees on ,homeland ,security1 ,house ,administration1 and the ,judiciary of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs1 the ,judiciary1 and ,rules and ,administration of the ,senate1 on the activities carried out with the funds provided under this part4 #bih;,d4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated for grants under this part-- 7#a7 #b1djj1jjj1jjj for fiscal year #bjbb2 and 7#b7 #age1jjj1jjj for each of the fiscal years #bjbd1 #bjbf1 #bjbh1 and #bjcj4 7b7 ,continuing availability of amounts ,any amounts appropriated pursuant to the authorization of this section shall remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #adjb7;c71 is amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #h--;,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements ,sec4 #bih4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4 ,sec4 #bih;,a4 ,voting system security improvements described4 ,sec4 #bih;,b4 ,eligibility of ,states4 ,sec4 #bih;,c4 ,reports to ,congress4 ,sec4 #bih;,d4 ,authorization of appropriations4 7b7 ,qualified election infrastructure vendors 7#a7 ,in general ,the ,secretary1 in consultation with the ,chair1 shall establish and publish criteria for qualified election infrastructure vendors for purposes of section #bih;,a of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7#b7 ,criteria ,the criteria established under paragraph 7#a7 shall include each of the following requirements3 7,a7 ,the vendor shall-- 7i7 be owned and controlled by a citizen or permanent resident of the ,united ,states or a member of the ,five ,eyes intelligence-sharing alliance2 and 7ii7 in the case of any election infrastructure which is a voting machine1 ensure that such voting machine is assembled in the ,united ,states4 7,b7 ,the vendor shall disclose to the ,secretary and the ,chair1 and to the chief ,state election official of any ,state to which the vendor provides any goods and services with funds provided under part #h of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act71 of any sourcing outside the ,united ,states for parts of the election infrastructure4 7,c7 ,the vendor shall disclose to the ,secretary and the ,chair1 and to the chief ,state election official of any ,state to which the vendor provides any goods and services with funds provided under such part #h1 the identification of any entity or individual with a more than #e percent ownership interest in the vendor4 7,d7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,e7 ,the vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,f7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,g7 ,the vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices1 including cybersecurity training and background checks1 issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,h7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices1 including requirements for encrypted transfers and validation1 testing and checking printed materials for accuracy1 and disclosure of quality control incidents1 issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,i7 ,the vendor agrees to meet the requirements of paragraph 7#c7 with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part #h of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7,j7 ,the vendor agrees to permit independent security testing by the ,election ,assistance ,commission 7in accordance with section #bca7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga77 and by the ,secretary of the goods and services provided by the vendor pursuant to a grant under part #h of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7#c7 ,cybersecurity incident reporting requirements 7,a7 ,in general ,a vendor meets the requirements of this paragraph if1 upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part #h of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act7-- 7i7 the vendor promptly assesses whether or not such an incident occurred1 and submits a notification meeting the requirements of subparagraph 7,b7 to the ,secretary and the ,chair of the assessment as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred72 7ii7 if the incident involves goods or services provided to an election agency1 the vendor submits a notification meeting the requirements of subparagraph 7,b7 to the agency as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred71 and cooperates with the agency in providing any other necessary notifications relating to the incident2 and 7iii7 the vendor provides all necessary updates to any notification submitted under clause 7i7 or clause 7ii74 7,b7 ,contents of notifications ,each notification submitted under clause 7i7 or clause 7ii7 of subparagraph 7,a7 shall contain the following information with respect to any election cybersecurity incident covered by the notification3 7i7 ,the date1 time1 and time zone when the election cybersecurity incident began1 if known4 7ii7 ,the date1 time1 and time zone when the election cybersecurity incident was detected4 7iii7 ,the date1 time1 and duration of the election cybersecurity incident4 7iv7 ,the circumstances of the election cybersecurity incident1 including the specific election infrastructure systems believed to have been accessed and information acquired1 if any4 7v7 ,any planned and implemented technical measures to respond to and recover from the incident4 7vi7 ,in the case of any notification which is an update to a prior notification1 any additional material information relating to the incident1 including technical data1 as it becomes available4 7,c7 ,development of criteria for reporting ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall1 in consultation with the ,election ,infrastructure ,sector ,coordinating ,council1 develop criteria for incidents which are required to be reported in accordance with subparagraph 7,a74 7#d7 ,definitions ,in this subsection3 7,a7 ,chair ,the term ,chair means the ,chair of the ,election ,assistance ,commission4 7,b7 ,chief ,state election official ,the term chief ,state election official means1 with respect to a ,state1 the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 7,c7 ,election agency ,the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state4 7,d7 ,election infrastructure ,the term election infrastructure means storage facilities1 polling places1 and centralized vote tabulation locations used to support the administration of elections for public office1 as well as related information and communications technology1 including voter registration databases1 voting machines1 electronic mail and other communications systems 7including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections1 manage the election process1 and report and display election results71 and other systems used to manage the election process and to report and display election results on behalf of an election agency4 7,e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,f7 ,state ,the term ,state has the meaning given such term in section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada74 ,k ,provisional ,ballots #ciaa4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards 7a7 ,in general ,section #cjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb71 as amended by section #afja7;a71 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7h72 and 7#b7 by inserting after subsection 7d7 the following new subsections3 7e7 ,counting of provisional ballots 7#a7 ,in general 7,a7 ,for purposes of subsection 7a77#d71 if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote1 then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county1 the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote4 7,b7 ,in addition to the requirements under subsection 7a71 for each ,state or political subdivision that provides voters provisional ballots1 challenge ballots1 or affidavit ballots under the ,state's applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials1 election officials shall-- 7i7 provide clear written instructions indicating the reason the voter was given a provisional ballot1 the information or documents the voter needs to prove eligibility1 the location at which the voter must appear to submit these materials or alternative methods1 including email or facsimile1 that the voter may use to submit these materials1 and the deadline for submitting these materials2 7ii7 provide a verbal translation of any written instructions to the voter if necessary2 7iii7 permit any voter who votes provisionally at any polling place on ,indian lands to appear at any polling place or at a central location for the election board to submit the documentation or information to prove eligibility2 and 7iv7 notify the voter as to whether the voter's provisional ballot was counted or rejected and provide the reason for rejection if the voter's provisional ballot was rejected after the voter provided the required information or documentation on eligibility4 7#b7 ,rule of construction ,nothing in this subsection shall prohibit a ,state or jurisdiction from counting a provisional ballot which is cast in a different county within the ,state than the county in which the voter is registered or otherwise eligible to vote4 7f7 ,due process requirements for states requiring signature verification 7#a7 ,requirement 7,a7 ,in general ,a ,state may not impose a signature verification requirement as a condition of accepting and counting a provisional ballot submitted by any individual with respect to an election for ,federal office unless the ,state meets the due process requirements described in paragraph 7#b74 7,b7 ,signature verification requirement described ,in this subsection1 a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the provisional ballot with the individual's signature on the official list of registered voters in the ,state or another official record or other document used by the ,state to verify the signatures of voters4 7#b7 ,due process requirements 7,a7 ,notice and opportunity to cure discrepancy in signatures ,if an individual submits a provisional ballot and the appropriate ,state or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters1 such election official1 prior to making a final determination as to the validity of such ballot1 shall-- 7i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7,i7 a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the ,state or other official record or document used by the ,state to verify the signatures of voters2 and 7,,ii7 if such discrepancy is not cured prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted 2 and 7ii7 cure such discrepancy and count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual provides the official with information to cure such discrepancy1 either in person1 by telephone1 or by electronic methods4 7,b7 ,notice and opportunity to cure missing signature or other defect ,if an individual submits a provisional ballot without a signature or submits a provisional ballot with another defect which1 if left uncured1 would cause the ballot to not be counted1 the appropriate ,state or local election official1 prior to making a final determination as to the validity of the ballot1 shall-- 7i7 as soon as practical1 but no later than the next business day after such determination is made1 make a good faith effort to notify the individual by mail1 telephone1 and 7if available7 text message and electronic mail that-- 7,i7 the ballot did not include a signature or has some other defect2 and 7,,ii7 if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 such ballot will not be counted2 and 7ii7 count the ballot if1 prior to the expiration of the third day following the ,state's deadline for receiving mail-in ballots or absentee ballots1 the individual provides the official with the missing signature on a form proscribed by the ,state or cures the other defect4 7,c7 ,other requirements 7i7 ,in general ,an election official may not make a determination that a discrepancy exists between the signature on a provisional ballot and the signature of the individual on the official list of registered voters in the ,state or other official record or other document used by the ,state to verify the signatures of voters unless-- 7,i7 at least #b election officials make the determination2 7,,ii7 each official who makes the determination has received training in procedures used to verify signatures2 and 7,,iii7 of the officials who make the determination1 at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for ,federal office held in the ,state and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for ,federal office held in the ,state4 7ii7 ,exception ,clause 7i77,,iii7 shall not apply to any ,state in which1 under a law that is in effect continuously on and after the date of enactment of this section1 determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party4 7#c7 ,report 7,a7 ,in general ,not later than #abj days after the end of a ,federal election cycle1 each chief ,state election official shall submit to the ,commission a report containing the following information for the applicable ,federal election cycle in the ,state3 7i7 ,the number of provisional ballots invalidated due to a discrepancy under this subsection4 7ii7 ,description of attempts to contact voters to provide notice as required by this subsection4 7iii7 ,description of the cure process developed by such ,state pursuant to this subsection1 including the number of provisional ballots determined valid as a result of such process4 7,b7 ,submission to congress ,not later than #aj days after receiving a report under subparagraph 7,a71 the ,commission shall transmit such report to ,congress4 7,c7 ,federal election cycle defined ,for purposes of this subsection1 the term ,federal election cycle means1 with respect to any regularly scheduled election for ,federal office1 the period beginning on the day after the date of the preceding regularly scheduled general election for ,federal office and ending on the date of such regularly scheduled general election4 7#d7 ,rule of construction ,nothing in this subsection shall be construed-- 7,a7 to prohibit a ,state from rejecting a ballot attempted to be cast in an election for ,federal office by an individual who is not eligible to vote in the election2 or 7,b7 to prohibit a ,state from providing an individual with more time and more methods for curing a discrepancy in the individual's signature1 providing a missing signature1 or curing any other defect than the ,state is required to provide under this subsection4 7#e7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 7g7 ,uniform and nondiscriminatory standards 7#a7 ,in general ,consistent with the requirements of this section1 each ,state shall establish uniform and nondiscriminatory standards for the issuance1 handling1 and counting of provisional ballots4 7#b7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 7h7 ,additional conditions prohibited ,if an individual in a ,state is eligible to cast a provisional ballot as provided under this section1 the ,state may not impose any additional conditions or requirements 7including conditions or requirements regarding the timeframe in which a provisional ballot may be cast7 on the eligibility of the individual to cast such provisional ballot4 4 7b7 ,conforming amendment ,section #cjb7;h7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;g771 as amended by section #afja7;a7 and redesignated by subsection 7a71 is amended by striking subsection 7d77#d7 and inserting subsections 7d77#d71 7e77#c71 and 7f77#b74 ,,iv ,voting ,system ,security #djja4 ,post-election audit requirement 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #cfja1 is amended by inserting after section #cjc;,a the following new section3 #cjc;,b4 ,post-election audits 7a7 ,definitions ,in this section3 7#a7 ,post-election audit ,except as provided in subsection 7c77#a77;,b71 the term post-election audit means1 with respect to any election contest1 a post-election process that-- 7,a7 has a probability of at least #ie percent of correcting the reported outcome if the reported outcome is not the correct outcome2 7,b7 will not change the outcome if the reported outcome is the correct outcome2 and 7,c7 involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest4 7#b7 ,reported outcome2 correct outcome2 outcome 7,a7 ,reported outcome ,the term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official1 certified outcome unless it is revised by an audit1 recount1 or other legal process4 7,b7 ,correct outcome ,the term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest4 7,c7 ,outcome ,the term outcome means the winner or set of winners of an election contest4 7#c7 ,manual adjudication of voter intent ,the term manual adjudication of voter intent means direct inspection and determination by humans1 without assistance from electronic or mechanical tabulation devices1 of the ballot choices marked by voters on each voter-verifiable paper record4 7#d7 ,ballot manifest ,the term ballot manifest means a record maintained by each jurisdiction that-- 7,a7 is created without reliance on any part of the voting system used to tabulate votes2 7,b7 functions as a sampling frame for conducting a post-election audit2 and 7,c7 accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored1 including the total number of physical groups of ballots1 the numbering system for each group1 a unique label for each group1 and the number of ballots in each such group4 7b7 ,requirements 7#a7 ,in general 7,a7 ,audits 7i7 ,in general ,each ,state and jurisdiction shall administer post-election audits of the results of all election contests for ,federal office held in the ,state in accordance with the requirements of paragraph 7#b74 7ii7 ,exception ,clause 7i7 shall not apply to any election contest for which the ,state or jurisdiction conducts a full recount through a manual adjudication of voter intent4 7,b7 ,full manual tabulation ,if a post-election audit conducted under subparagraph 7,a7 corrects the reported outcome of an election contest1 the ,state or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest4 7#b7 ,audit requirements 7,a7 ,rules and procedures 7i7 ,in general ,not later than #f years after the date of the enactment of this section1 the chief ,state election official of the ,state shall establish rules and procedures for conducting post-election audits4 7ii7 ,matters included ,the rules and procedures established under clause 7i7 shall include the following3 7,i7 ,rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed4 7,,ii7 ,rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions4 7,,iii7 ,rules and procedures for governing the format of ballot manifests and other data involved in post-election audits4 7,,iv7 ,methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief ,state election official of the ,state and made public4 7,v7 ,rules and procedures for the random selection of ballots to be inspected manually during each audit4 7,,vi7 ,rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete4 7,,vii7 ,rules and procedures for testing any software used to conduct post-election audits4 7,b7 ,public report 7i7 ,in general ,after the completion of the post-election audit and at least #e days before the election contest is certified by the ,state1 the ,state shall make public and submit to the ,commission a report on the results of the audit1 together with such information as necessary to confirm that the audit was conducted properly4 7ii7 ,format of data ,all data published with the report under clause 7i7 shall be published in machine-readable1 open data formats4 7iii7 ,protection of anonymity of votes ,information and data published by the ,state under this subparagraph shall not compromise the anonymity of votes4 7iv7 ,report made available by ,commission ,after receiving any report submitted under clause 7i71 the ,commission shall make such report available on its website4 7#c7 ,effective date2 waiver 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 each ,state and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for ,federal office occurring in #bjcb and for each subsequent election for ,federal office4 7,b7 ,waiver ,except as provided in subparagraph 7,c71 if a ,state certifies to the ,commission not later than the first regularly scheduled election for ,federal office occurring in #bjcb1 that the ,state will not meet the deadline described in subparagraph 7,a7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subparagraph 7,a7 of this subsection and subsection 7c77#b77;,a7 shall apply to the ,state as if the reference in such subsections to #bjcb were a reference to #bjcd4 7,c7 ,additional waiver period ,if a ,state certifies to the ,commission not later than the first regularly scheduled election for ,federal office occurring in #bjcd1 that the ,state will not meet the deadline described in subparagraph 7,b7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subparagraph 7,b7 of this subsection and subsection 7c77#b77;,a7 shall apply to the ,state as if the reference in such subsections to #bjcd were a reference to #bjcf4 7c7 ,phased implementation 7#a7 ,post-election audits 7,a7 ,in general ,for the regularly scheduled elections for ,federal office occurring in #bjbd and #bjbf1 each ,state shall administer a post-election audit of the result of at least one statewide election contest for ,federal office held in the ,state1 or if no such statewide contest is on the ballot1 one election contest for ,federal office chosen at random4 7,b7 ,post-election audit defined ,in this subsection1 the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest4 7#b7 ,post-election audits for select contests ,subject to subparagraphs 7,b7 and 7,c7 of subsection 7b77#c71 for the regularly scheduled elections for ,federal office occurring in #bjbh and for each subsequent election for ,federal office that occurs prior to the first regularly scheduled election for ,federal office occurring in #bjcb1 each ,state shall administer a post-election audit of the result of at least one statewide election contest for ,federal office held in the ,state1 or if no such statewide contest is on the ballot1 one election contest for ,federal office chosen at random4 7#c7 ,states that administer post-election audits for all contests ,a ,state shall be exempt from the requirements of this subsection for any regularly scheduled election for ,federal office in which the ,state meets the requirements of subsection 7b74 4 7b7 ,clerical amendment ,the table of contents for such ,act1 as amended by section #cfja1 is amended by inserting after the item relating to section #cjc;,a the following new item3 ,sec4 #cjc;,b4 ,post-election audits4 4 7c7 ,study on post-election audit best practices 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures4 7#b7 ,advisory committee ,the ,director of the ,national ,institute of ,standards and ,technology shall appoint individuals to the advisory committee and secure the representation of-- 7,a7 ,state and local election officials2 7,b7 individuals with experience and expertise in election security2 7,c7 individuals with experience and expertise in post-election audit procedures2 and 7,d7 individuals with experience and expertise in statistical methods4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection4 #djjb4 ,election infrastructure designation ,subparagraph 7,j7 of section #bjja7c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja7c77 is amended by inserting 1 including election infrastructure before the period at the end4 #djjc4 ,guidelines and certification for electronic poll books and remote ballot marking systems 7a7 ,inclusion under voluntary voting system guidelines ,section #bbb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjifb7 is amended-- 7#a7 by redesignating subsections 7a71 7b71 7c71 7d71 and 7e7 as subsections 7b71 7c71 7d71 7e71 and 7f72 7#b7 by inserting after the section heading the following3 7a7 ,voluntary voting system guidelines ,the ,commission shall adopt voluntary voting system guidelines that describe functionality1 accessibility1 and security principles for the design1 development1 and operation of voting systems1 electronic poll books1 and remote ballot marking systems4 2 and 7#c7 by adding at the end the following new subsections3 7g7 ,initial guidelines for electronic poll books and remote ballot marking systems 7#a7 ,adoption date ,the ,commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems not later than #a year after the date of the enactment of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act4 7#b7 ,special rule for initial guidelines ,the ,commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems4 7h7 ,definitions ,in this section3 7#a7 ,electronic poll book ,the term electronic poll book means the total combination of mechanical1 electromechanical1 or electronic equipment 7including the software1 firmware1 and documentation required to program1 control1 and support the equipment7 that is used-- 7,a7 to retain the list of registered voters at a polling location1 or vote center1 or other location at which voters cast votes in an election for ,federal office2 and 7,b7 to identify registered voters who are eligible to vote in an election4 7#b7 ,remote ballot marking system ,the term remote ballot marking system means an election system that-- 7,a7 is used by a voter to mark their ballots outside of a voting center or polling place2 and 7,b7 allows a voter to receive a blank ballot to mark electronically1 print1 and then cast by returning the printed ballot to the elections office or other designated location4 4 7b7 ,providing for certification of electronic poll books and remote ballot marking system ,section #bca7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga7;a77 is amended in paragraphs 7#a7 and 7#b7 by inserting 1 electronic poll books1 and remote ballot marking systems after software4 #djjd4 ,pre-election reports on voting system usage 7a7 ,requiring ,states to submit reports ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cja the following new section3 #cja;,a4 ,pre-election reports on voting system usage 7a7 ,requiring ,states to submit reports ,not later than #abj days before the date of each regularly scheduled general election for ,federal office1 the chief ,state election official of a ,state shall submit a report to the ,commission containing a detailed voting system usage plan for each jurisdiction in the ,state which will administer the election1 including a detailed plan for the usage of electronic poll books and other equipment and components of such system4 ,if a jurisdiction acquires and implements a new voting system within the #abj days before the date of the election1 it shall notify the chief ,state election official of the ,state1 who shall submit to the ,commission in a timely manner an updated report under the preceding sentence4 7b7 ,effective date ,subsection 7a7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and each succeeding regularly scheduled general election for ,federal office 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cja the following new item3 ,sec4 #cja;,a4 ,pre-election reports on voting system usage4 4 #djje4 ,use of voting machines manufactured in the ,united ,states 7a7 ,requirement ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #cijd and section #cijf1 is further amended by adding at the end the following new paragraph3 7#aj7 ,voting machine requirements 7,a7 ,manufacturing requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for ,federal office is manufactured in the ,united ,states4 7,b7 ,assembly requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for ,federal office is assembled in the ,united ,states4 7,c7 ,software and code requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for ,federal office is developed and stored in the ,united ,states4 4 7b7 ,conforming amendment relating to effective date ,section #cja7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;d77#a771 as amended by section #cijg1 is amended by striking paragraph 7#b7 and inserting subsection 7a77#aj7 and paragraph 7#b74 #djjf4 ,use of political party headquarters building fund for technology or cybersecurity-related purposes 7a7 ,permitting use of fund ,section #cae7;a77#i77;,b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77#i77;,b77 is amended by striking the period at the end and inserting the following3 1 and to defray technology or cybersecurity-related expenses44 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to calendar year #bjbb and each succeeding calendar year4 #djjg4 ,severability ,if any provision of this title or any amendment made by this title1 or the application of any such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this title1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4 ,c ,civic ,participation and ,empowerment ,v ,nonpartisan ,redistricting ,reform #ejja4 ,finding of constitutional authority ,congress finds that it has the authority to establish the terms and conditions ,states must follow in carrying out congressional redistricting after an apportionment of ,members of the ,house of ,representatives because-- 7#a7 the authority granted to ,congress under article ,i1 section #d of the ,constitution of the ,united ,states gives ,congress the power to enact laws governing the time1 place1 and manner of elections for ,members of the ,house of ,representatives2 7#b7 the authority granted to ,congress under section #e of the #adth amendment to the ,constitution gives ,congress the power to enact laws to enforce section #b of such amendment1 which requires ,representatives to be apportioned among the several ,states according to their number2 7#c7 the authority granted to ,congress under section #e of the #adth amendment to the ,constitution gives ,congress the power to enact laws to enforce section #a of such amendment1 including protections against excessive partisan gerrymandering that ,federal courts have not enforced because they understand such enforcement to be committed to ,congress by the ,constitution2 7#d7 of the authority granted to ,congress to enforce article ,,iv1 section #d1 of the ,constitution1 and the guarantee of a ,republican ,form of ,government to every ,state1 which ,federal courts have not enforced because they understand such enforcement to be committed to ,congress by the ,constitution2 7#e7 requiring ,states to use uniform redistricting criteria is an appropriate and important exercise of such authority2 and 7#f7 partisan gerrymandering dilutes citizens' votes because partisan gerrymandering injures voters and political parties by infringing on their ,first ,amendment right to associate freely and their ,fourteenth ,amendment right to equal protection of the laws4 #ejjb4 ,ban on mid-decade redistricting ,a ,state that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of ,representatives under section #bb7;a7 of the ,act entitled ,an ,act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of ,representatives in ,congress1 approved ,june #ah1 #aibi 7#b ,u4,s4,c4 #b;a71 unless a court requires the ,state to conduct such subsequent redistricting to comply with the ,constitution of the ,united ,states1 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the terms or conditions of this title1 or applicable ,state law4 #ejjc4 ,criteria for redistricting 7a7 ,requiring plans to meet criteria ,a ,state may not use a congressional redistricting plan enacted following the notice of apportionment transmitted to the ,president on ,april #bf1 #bjba1 or any subsequent notice of apportionment1 if such plan is not in compliance with this section1 without regard to whether or not the plan was enacted by the ,state before1 on1 or after the effective date of this title4 7b7 ,ranked criteria ,under the redistricting plan of a ,state1 there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority3 7#a7 ,districts shall comply with the ,united ,states ,constitution1 including the requirement that they substantially equalize total population1 without regard to age1 citizenship status1 or immigration status4 7#b7 ,districts shall comply with the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 including by creating any districts where1 if based upon the totality of the circumstances1 #b or more politically cohesive groups protected by such ,act are able to elect representatives of choice in coalition with one another1 and all applicable ,federal laws4 7#c7 7,a7 ,districts shall be drawn1 to the extent that the totality of the circumstances warrant1 to ensure the practical ability of a group protected under the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished1 regardless of whether or not such protected group constitutes a majority of a district's population1 voting age population1 or citizen voting age population4 7,b7 ,for purposes of subparagraph 7,a71 the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors3 7i7 ,whether the group is politically cohesive4 7ii7 ,whether there is racially polarized voting in the relevant geographic region4 7iii7 ,if there is racially polarized voting in the relevant geographic region1 whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice4 7#d7 7,a7 ,districts shall be drawn to respect communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs 7#a7 through 7#c74 ,a community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs1 including shared interests and representational needs rooted in common ethnic1 racial1 economic1 ,indian1 social1 cultural1 geographic1 or historic identities1 or arising from similar socioeconomic conditions4 ,the term communities of interest may1 if the record warrants1 include political subdivisions such as counties1 municipalities1 ,indian lands1 or school districts1 but shall not include common relationships with political parties or political candidates4 7,b7 ,for purposes of subparagraph 7,a71 in considering the needs of multiple1 overlapping communities of interest1 the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community's inclusion in a single congressional district4 7c7 ,no favoring or disfavoring of political parties 7#a7 ,prohibition ,a ,state may not use a redistricting plan to conduct an election if the plan's congressional districts1 when considered cumulatively on a statewide basis1 have been drawn with the intent or have the effect of materially favoring or disfavoring any political party4 7#b7 ,determination of effect ,the determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which1 at a minimum1 shall involve consideration of each of the following factors3 7,a7 ,computer modeling based on relevant statewide general elections for ,federal office held over the #h years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions4 7,b7 ,an analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis1 the degree of any such advantage or disadvantage1 and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions4 7,c7 ,a comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs 7#a71 7#b71 and 7#c7 of subsection 7b7 in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis4 ,for purposes of this subparagraph1 alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison4 7,d7 ,any other relevant information1 including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public4 7#c7 ,rebuttable presumption 7,a7 ,trigger ,in any civil action brought under section #ejjf in which a party asserts a claim that a ,state has enacted a redistricting plan which is in violation of this subsection1 a party may file a motion not later than #cj days after the enactment of the plan 7or1 in the case of a plan enacted before the effective date of this ,act1 not later than #cj days after the effective date of this ,act7 requesting that the court determine whether a presumption of such a violation exists4 ,if such a motion is timely filed1 the court shall hold a hearing not later than #ae days after the date the motion is filed to assess whether a presumption of such a violation exists4 7,b7 ,assessment ,to conduct the assessment required under subparagraph 7,a71 the court shall do the following3 7i7 ,determine the number of congressional districts under the plan that would have been carried by each political party's candidates for the office of ,president and the office of ,senator in the #b most recent general elections for the office of ,president and the #b most recent general elections for the office of ,senator 7other than special general elections7 immediately preceding the enactment of the plan1 except that if a ,state conducts a primary election for the office of ,senator which is open to candidates of all political parties1 the primary election shall be used instead of the general election and the number of districts carried by a party's candidates for the office of ,senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party4 7ii7 ,determine1 for each of the #d elections assessed under clause 7i71 whether the number of districts that would have been carried by any party's candidate as determined under clause 7i7 results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph 7,c74 ,the degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that-- 7,i7 use a party's share of the statewide vote to calculate a corresponding benchmark share of seats2 and 7,,ii7 measure the amount by which the share of seats the party's candidates would have won in the election involved exceeds that benchmark share of seats4 7,c7 ,applicable threshold described ,the applicable threshold described in this subparagraph is1 with respect to a ,state and a number of seats1 the greater of-- 7i7 an amount equal to #g percent of the number of congressional districts in the ,state2 or 7ii7 one congressional district4 7,d7 ,description of quantitative measures2 prohibiting rounding ,in carrying out this subsection-- 7i7 the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality2 and 7ii7 the court may not round any number4 7,e7 ,presumption of violation ,a plan is presumed to violate paragraph 7#a7 if1 on the basis of at least one standard quantitative measure of partisan fairness1 it exceeds the applicable threshold described in subparagraph 7,c7 with respect to #b or more of the #d elections assessed under subparagraph 7,b74 7,f7 ,stay of use of plan ,notwithstanding any other provision of this title1 in any action under this paragraph1 the following rules shall apply3 7i7 ,upon filing of a motion under subparagraph 7,a71 a ,state's use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion4 7ii7 ,if after considering the motion1 the court rules that the plan is presumed under subparagraph 7,b7 to violate paragraph 7#a71 a ,state may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph 7#b7 determines that1 notwithstanding the presumptive violation1 the plan does not violate paragraph 7#a74 7,g7 ,no effect on other assessments ,the absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect or intent of the plan under this section4 7#d7 ,determination of intent ,a court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party1 including evidence of the partisan effects of a plan1 the degree of support the plan received from members of the entity responsible for developing and adopting the plan1 and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public4 7#e7 ,no violation based on certain criteria ,no redistricting plan shall be found to be in violation of paragraph 7#a7 because of the proper application of the criteria set forth in paragraphs 7#a71 7#b71 or 7#c7 of subsection 7b71 unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party4 7d7 ,factors prohibited from consideration ,in developing the redistricting plan for the ,state1 the ,state may not take into consideration any of the following factors1 except as necessary to comply with the criteria described in paragraphs 7#a7 through 7#c7 of subsection 7b71 to achieve partisan fairness and comply with subsection 7b71 and to enable the redistricting plan to be measured against the external metrics described in section #ejjd7;c73 7#a7 ,the residence of any ,member of the ,house of ,representatives or candidate4 7#b7 ,the political party affiliation or voting history of the population of a district4 7e7 ,additional criteria ,a ,state may not rely upon criteria1 districting principles1 or other policies of the ,state which are not set forth in this section to justify non-compliance with the requirements of this section4 7f7 ,applicability 7#a7 ,in general ,this section applies to any authority1 whether appointed1 elected1 judicial1 or otherwise1 responsible for enacting the congressional redistricting plan of a ,state4 7#b7 ,date of enactment ,this section applies to any congressional redistricting plan enacted following the notice of apportionment transmitted to the ,president on ,april #bf1 #bjba1 regardless of the date of enactment by the ,state of the congressional redistricting plan4 7g7 ,severability of criteria ,if any provision of this section or any amendment made by this section1 or the application of any such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this section1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4 #ejjd4 ,development of plan 7a7 ,public notice and input 7#a7 ,use of open and transparent process ,the entity responsible for developing and adopting the congressional redistricting plan of a ,state shall solicit and take into consideration comments from the public throughout the process of developing the plan1 and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans4 7#b7 ,website 7,a7 ,features ,the entity shall maintain a public ,internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features3 7i7 ,all proposed redistricting plans and the final redistricting plan1 including the accompanying written evaluation under subsection 7c74 7ii7 ,all comments received from the public submitted under paragraph 7#a74 7iii7 ,access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans1 together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts4 7iv7 ,a method by which members of the public may submit comments directly to the entity4 7,b7 ,searchable format ,the entity shall ensure that all information posted and maintained on the site under this paragraph1 including information and proposed maps submitted by the public1 shall be maintained in an easily searchable format4 7#c7 ,multiple language requirements for all notices ,the entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the ,state 7or any jurisdiction in the ,state7 is required to provide election materials under section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 7b7 ,development of plan 7#a7 ,hearings ,the entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans4 ,these hearings shall-- 7,a7 be held in different regions of the ,state and streamed live on the public ,internet site maintained under subsection 7a77#b72 7,b7 be sufficient in number1 scheduled at times and places1 and noticed and conducted in a manner to ensure that all members of the public1 including members of racial1 ethnic1 and language minorities protected under the ,voting ,rights ,act of #aife1 have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans4 7#b7 ,posting of maps ,the entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans1 amendments to proposed plans1 and the data needed to analyze such plans for compliance with the criteria of this title available for public review1 including on the public ,internet site required under subsection 7a77#b71 for a period of not less than #e days before any vote or hearing is held on any such plan or any amendment to such a plan4 7c7 ,release of written evaluation of plan against external metrics required prior to vote ,the entity responsible for developing and adopting the congressional redistricting plan for a ,state may not hold a vote on a proposed redistricting plan1 including a vote in a committee1 unless at least #dh hours prior to holding the vote the ,state has released a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section #ejjc7;b71 including the impact of the plan on the ability of members of a class of citizens protected by the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 to elect candidates of choice1 the degree to which the plan preserves or divides communities of interest1 and any analysis used by the ,state to assess compliance with the requirements of section #ejjc7;b7 and 7c74 7d7 ,public input and comments ,the entity responsible for developing and adopting the congressional redistricting plan for a ,state shall make all public comments received about potential plans1 including alternative plans1 available to the public on the ,internet site required under subsection 7a77#b71 at no cost1 not later than #bd hours prior to holding a vote on final adoption of a plan4 #ejje4 ,failure by ,state to enact plan 7a7 ,deadline for enactment of plan 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the ,president by the earliest of-- 7,a7 the deadline set forth in ,state law1 including any extension to the deadline provided in accordance with ,state law2 7,b7 ,february #ae of the year in which regularly scheduled general elections for ,federal office are held in the ,state2 or 7,c7 #ij days before the date of the next regularly scheduled primary election for ,federal office held in the ,state4 7#b7 ,special rule for plans enacted prior to effective date of title ,if a ,state enacted a final congressional redistricting plan prior to the effective date of this title and the plan is not in compliance with the requirements of this title1 the ,state shall enact a final redistricting plan which is in compliance with the requirements of this title not later than #de days after the effective date of this title4 7b7 ,development of plan by court in case of missed deadline ,if a ,state has not enacted a final congressional redistricting plan by the applicable deadline under subsection 7a71 or it appears reasonably likely that a ,state will fail to enact a final congressional redistricting plan by such deadline-- 7#a7 any citizen of the ,state may file an action in the ,united ,states district court for the applicable venue asking the district court to assume jurisdiction2 7#b7 the ,united ,states district court for the applicable venue1 acting through a #c-;judge court convened pursuant to section #bbhd of title #bh1 ,united ,states ,code1 shall have the exclusive authority to develop and publish the congressional redistricting plan for the ,state2 and 7#c7 the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan1 as described in subsection 7e74 7c7 ,applicable venue ,for purposes of this section1 the applicable venue with respect to a ,state is the ,district of ,columbia or the judicial district in which the capital of the ,state is located1 as selected by the first party to file with the court sufficient evidence that a ,state has failed to1 or is reasonably likely to fail to1 enact a final redistricting plan for the ,state prior to the expiration of the applicable deadline set forth in subsection 7a74 7d7 ,procedures for ,development of ,plan 7#a7 ,criteria ,in developing a redistricting plan for a ,state under this section1 the court shall adhere to the same terms and conditions that applied 7or that would have applied1 as the case may be7 to the development of a plan by the ,state under section #ejjc4 7#b7 ,access to information and records ,the court shall have access to any information1 data1 software1 or other records and material that was used 7or that would have been used1 as the case may be7 by the ,state in carrying out its duties under this title4 7#c7 ,hearing2 public participation ,in developing a redistricting plan for a ,state1 the court shall-- 7,a7 hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony1 including expert testimony1 in accordance with the rules of the court2 and 7,b7 consider other submissions and comments by the public1 including proposals for redistricting plans to cover the entire ,state or any portion of the ,state4 7#d7 ,use of special master ,to assist in the development and publication of a redistricting plan for a ,state under this section1 the court may appoint a special master to make recommendations to the court on possible plans for the ,state4 7e7 ,publication of plan 7#a7 ,public availability of initial plan ,upon completing the development of one or more initial redistricting plans1 the court shall make the plans available to the public at no cost1 and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics 7as described in section #ejjd7;c774 7#b7 ,publication of final plan ,at any time after the expiration of the #ad-;day period which begins on the date the court makes the plans available to the public under paragraph 7#a71 and taking into consideration any submissions and comments by the public which are received during such period1 the court shall develop and publish the final redistricting plan for the ,state4 7f7 ,use of interim plan ,in the event that the court is not able to develop and publish a final redistricting plan for the ,state with sufficient time for an upcoming election to proceed1 the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the ,state until the court develops and publishes a final plan in accordance with this section4 ,nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan1 including the discretion to make any changes the court deems necessary to an interim redistricting plan4 7g7 ,appeals ,review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section #ejjf4 7h7 ,stay of ,state proceedings ,the filing of an action under this section shall act as a stay of any proceedings in ,state court with respect to the ,state's congressional redistricting plan unless otherwise ordered by the court4 #ejjf4 ,civil enforcement 7a7 ,civil ,enforcement 7#a7 ,actions by ,attorney ,general ,the ,attorney ,general may bring a civil action for such relief as may be appropriate to carry out this title4 7#b7 ,availability of private right of action 7,a7 ,in general ,any person residing or domiciled in a ,state who is aggrieved by the failure of the ,state to meet the requirements of the ,constitution or ,federal law1 including this title1 with respect to the ,state's congressional redistricting1 may bring a civil action in the ,united ,states district court for the applicable venue for such relief as may be appropriate to remedy the failure4 7,b7 ,special rule for claims relating to partisan advantage ,for purposes of subparagraph 7,a71 a person who is aggrieved by the failure of a ,state to meet the requirements of section #ejjc7;c7 may include-- 7i7 any political party or committee in the ,state2 and 7ii7 any registered voter in the ,state who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section4 7,c7 ,no awarding of damages to prevailing party ,except for an award of attorney's fees under subsection 7d71 a court in a civil action under this section shall not award the prevailing party any monetary damages1 compensatory1 punitive1 or otherwise4 7#c7 ,delivery of complaint to ,house and ,senate ,in any action brought under this section1 a copy of the complaint shall be delivered promptly to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate4 7#d7 ,exclusive jurisdiction and applicable venue ,the district courts of the ,united ,states shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the ,constitution or ,federal law1 including this title4 ,the applicable venue for such an action shall be the ,united ,states ,district ,court for the ,district of ,columbia or for the judicial district in which the capital of the ,state is located1 as selected by the person bringing the action4 ,in a civil action that includes a claim that a redistricting plan is in violation of section #ejjc7;b7 or 7c71 the ,united ,states ,district ,court for the ,district of ,columbia shall have jurisdiction over any defendant who has been served in any ,united ,states judicial district in which the defendant resides1 is found1 or has an agent1 or in the ,united ,states judicial district in which the capital of the ,state is located4 ,process may be served in any ,united ,states judicial district where a defendant resides1 is found1 or has an agent1 or in the ,united ,states judicial district in which the capital of the ,state is located4 7#e7 ,use of #c-;judge court ,if an action under this section raises statewide claims under the ,constitution or this title1 the action shall be heard by a #c-;judge court convened pursuant to section #bbhd of title #bh1 ,united ,states ,code4 7#f7 ,review of final decision ,a final decision in an action brought under this section shall be reviewable on appeal by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 which shall hear the matter sitting en banc4 ,there shall be no right of appeal in such proceedings to any other court of appeals4 ,such appeal shall be taken by the filing of a notice of appeal within #aj days of the entry of the final decision4 ,a final decision by the ,court of ,appeals may be reviewed by the ,supreme ,court of the ,united ,states by writ of certiorari4 7b7 ,expedited ,consideration ,in any action brought under this section1 it shall be the duty of the district court1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 and the ,supreme ,court of the ,united ,states 7if it chooses to hear the action7 to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal4 7c7 ,remedies 7#a7 ,adoption of replacement plan 7,a7 ,in general ,if the district court in an action under this section finds that the congressional redistricting plan of a ,state violates1 in whole or in part1 the requirements of this title-- 7i7 the court shall adopt a replacement congressional redistricting plan for the ,state in accordance with the process set forth in section #ejje2 or 7ii7 if circumstances warrant and no delay to an upcoming regularly scheduled election for the ,house of ,representatives in the ,state would result1 the district court1 in its discretion1 may allow a ,state to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title1 except that-- 7,i7 the ,state may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the ,state was enacted with discriminatory intent in violation of the ,constitution or section #ejjc7;b72 and 7,,ii7 nothing in this clause may be construed to permit a ,state to use such a remedial plan which has not been approved by the court4 7,b7 ,prohibiting use of plans in violation of requirements ,no court shall order a ,state to use a congressional redistricting plan which violates1 in whole or in part1 the requirements of this title1 or to conduct an election under terms and conditions which violate1 in whole or in part1 the requirements of this title4 7,c7 ,special rule in case final adjudication not expected within #c months of election 7i7 ,duty of court ,if final adjudication of an action under this section is not reasonably expected to be completed at least #c months prior to the next regularly scheduled primary election for the ,house of ,representatives in the ,state1 the district court shall-- 7,i7 develop1 adopt1 and order the use of an interim congressional redistricting plan in accordance with section #ejje7;f7 to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success2 or 7,,ii7 order adjustments to the timing of primary elections for the ,house of ,representatives and other related deadlines1 as needed1 to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the ,house of ,representatives4 7ii7 ,prohibiting failure to act on grounds of pendency of election ,the court may not refuse to take any action described in clause 7i7 on the grounds of the pendency of the next election held in the ,state or the potential for disruption1 confusion1 or additional burdens with respect to the administration of the election in the ,state4 7#b7 ,no stay pending appeal ,notwithstanding the appeal of an order finding that a congressional redistricting plan of a ,state violates1 in whole or in part1 the requirements of this title1 no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection1 as may be directed by the district court1 pending such appeal4 ,if such a replacement or remedial plan has been adopted1 no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal1 except upon an order holding1 based on the record1 that adoption of such plan was an abuse of discretion4 7#c7 ,special authority of ,court of ,appeals 7,a7 ,ordering of new remedial plan ,if1 upon consideration of an appeal under this title1 the ,court of ,appeals determines that a plan does not comply with the requirements of this title1 it shall direct that the ,district ,court promptly develop a new remedial plan with assistance of a special master for consideration by the ,court of ,appeals4 7,b7 ,failure of district court to take timely action ,if1 at any point during the pendency of an action under this section1 the ,district ,court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the ,house of ,representatives in the ,state or fails to grant the relief described in paragraph 7#a77;,c71 any party may seek a writ of mandamus from the ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,court of ,appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion4 ,if the ,court of ,appeals determines that a writ should be granted1 the ,court of ,appeals shall take any action necessary1 including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the ,house of ,representatives in the ,state4 7#d7 ,effect of enactment of replacement plan ,a ,state's enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan1 including claims that the plan which is the subject of the action was enacted1 in whole or in part1 with discriminatory intent1 or claims to consider whether relief should be granted under section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 based on the plan which is the subject of the action4 7d7 ,attorney's ,fees ,in a civil action under this section1 the court may allow the prevailing party 7other than the ,united ,states7 reasonable attorney fees1 including litigation expenses1 and costs4 7e7 ,relation to ,other ,laws 7#a7 ,rights and remedies additional to other rights and remedies ,the rights and remedies established by this section are in addition to all other rights and remedies provided by law1 and neither the rights and remedies established by this section nor any other provision of this title shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,voting ,rights ,act of #aife ,nothing in this title authorizes or requires conduct that is prohibited by the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7f7 ,legislative privilege ,no person1 legislature1 or ,state may claim legislative privilege under either ,state or ,federal law in a civil action brought under this section or in any other legal challenge1 under either ,state or ,federal law1 to a redistricting plan enacted under this title4 7g7 ,removal 7#a7 ,in general ,at any time1 a civil action brought in a ,state court which asserts a claim for which the district courts of the ,united ,states have exclusive jurisdiction under this title may be removed by any party in the case1 including an intervenor1 by filing1 in the district court for an applicable venue under this section1 a notice of removal signed pursuant to ,rule #aa of the ,federal ,rules of ,civil ,procedure containing a short and plain statement of the grounds for removal4 ,consent of parties shall not be required for removal4 7#b7 ,claims not within the original or supplemental jurisdiction ,if a civil action removed in accordance with paragraph 7#a7 contains claims not within the original or supplemental jurisdiction of the district court1 the district court shall sever all such claims and remand them to the ,state court from which the action was removed4 #ejjg4 ,no effect on elections for ,state and local office ,nothing in this title or in any amendment made by this title may be construed to affect the manner in which a ,state carries out elections for ,state or local office1 including the process by which a ,state establishes the districts used in such elections4 #ejjh4 ,effective date 7a7 ,in general ,this title and the amendments made by this title shall apply on the date of enactment of this title4 7b7 ,application to ,congressional redistricting plans resulting from #bjbj decennial census ,notwithstanding subsection 7a71 this title and the amendments made by this title1 other than section #ejjd1 shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the ,president on ,april #bf1 #bjba1 without regard to whether or not a ,state enacted such a plan prior to the date of the enactment of this ,act4 ,,vi ,campaign ,finance ,transparency ,a ,,disclose ,act #fjja4 ,short title ,this subtitle may be cited as the ,democracy ,is ,strengthened by ,casting ,light ,on ,spending in ,elections ,act of #bjba or the ,,disclose ,act of #bjba4 #fjjb4 ,findings ,congress finds the following3 7#a7 ,campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests1 including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable1 detecting and deterring quid pro quo corruption1 and identifying information necessary to enforce other campaign finance laws1 including campaign contribution limits and the prohibition on foreign money in ,u4,s4 campaigns4 ,to further these substantial interests1 campaign finance disclosure must be timely and complete1 and must disclose the true and original source of money given1 transferred1 and spent to influence ,federal elections4 ,current law does not meet this objective because corporations and other entities that the ,supreme ,court has permitted to spend money to influence ,federal elections are subject to few if any transparency requirements4 7#b7 ,as the ,supreme ,court recognized in its per curiam opinion in ,buckley v4 ,valeo1 #dbd ,u4,s4 #a1 7#aigf71 disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that ,congress found to exist4,buckley1 #dbd ,u4,s4 at #fh4 ,in ,citizens ,united v4 ,,fec1 the ,court reiterated that disclosure is a less restrictive alternative to more comprehensive regulations of speech4 #eeh ,u4,s4 #caj1 #cfi 7#bjaj74 7#c7 ,no subsequent decision has called these holdings into question1 including the ,court's decision in ,americans for ,prosperity ,foundation v4 ,bonta1 #ada ,s4 ,ct4 #bcgc 7#bjba74 ,that case did not involve campaign finance disclosure1 and the ,court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure4 7#d7 ,campaign finance disclosure is also essential to enforce the ,federal ,election ,campaign ,act's prohibition on contributions by and solicitations of foreign nationals4 ,see section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba74 7#e7 ,congress should close loopholes allowing spending by foreign nationals in domestic elections4 ,for example1 in #bjba1 the ,federal ,election ,commission1 the independent ,federal agency charged with protecting the integrity of the ,federal campaign finance process1 found reason to believe and conciliated a matter where an experienced political consultant knowingly and willfully violated ,federal law by soliciting a contribution from a foreign national by offering to transmit a #b1jjj1jjj contribution to a super ,,pac through his company and two #eja7;c77#d7 organizations1 to conceal the origin of the funds4 ,this scheme was only unveiled after appearing in a ,the ,telegraph ,,uk article and video capturing the solicitation4 ,see ,conciliation ,agreement1 ,m,u,rs #gafe #gaif 7,great ,america ,,pac1 et al471 date ,june #bh1 #bjba2 ,factual and ,legal ,analysis1 ,m,u,rs #gafe #gaif 7,jesse ,benton71 dated ,mar4 #b1 #bjba4 #a ,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections #fjjc4 ,clarification of application of foreign money ban to certain disbursements and activities ,section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and by moving such subparagraphs #b ems to the right2 7#b7 by striking ,as used in this section1 the term and inserting the following3 ,definitions4--,for purposes of this section-- 7#a7 ,foreign national ,the term 2 7#c7 by moving paragraphs 7#a7 and 7#b7 two ems to the right and redesignating them as subparagraphs 7,a7 and 7,b71 respectively2 and 7#d7 by adding at the end the following new paragraph3 7#b7 ,contribution and donation ,for purposes of paragraphs 7#a7 and 7#b7 of subsection 7a71 the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations1 prohibitions1 and reporting requirements of this ,act 7or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions71 or to any other person for the purpose of funding an expenditure1 independent expenditure1 or electioneering communication 7as defined in section #cjd7;f77#c774 4 #fjjd4 ,study and report on illicit foreign money in ,federal elections 7a7 ,study ,for each #d-year election cycle 7beginning with the #d-year election cycle ending in #bjbj71 the ,comptroller ,general shall conduct a study on the incidence of illicit foreign money in all elections for ,federal office held during the preceding #d-year election cycle1 including what information is known about the presence of such money in elections for ,federal office4 7b7 ,report 7#a7 ,in general ,not later than the applicable date with respect to any #d-year election cycle1 the ,comptroller ,general shall submit to the appropriate congressional committees a report on the study conducted under subsection 7a74 7#b7 ,matters included ,the report submitted under paragraph 7#a7 shall include a description of the extent to which illicit foreign money was used to target particular groups1 including rural communities1 ,african-,american and other minority communities1 and military and veteran communities1 based on such targeting information as is available and accessible to the ,comptroller ,general4 7#c7 ,applicable date ,for purposes of paragraph 7#a71 the term applicable date means-- 7,a7 in the case of the #d-year election cycle ending in #bjbj1 the date that is #a year after the date of the enactment of this ,act2 and 7,b7 in the case of any other #d-year election cycle1 the date that is #a year after the date on which such #d-year election cycle ends4 7c7 ,definitions ,as used in this section3 7#a7 #d-year election cycle ,the term #d-year election cycle means the #d-year period ending on the date of the general election for the offices of ,president and ,vice ,president4 7#b7 ,illicit foreign money ,the term illicit foreign money means any contribution1 donation1 expenditure1 or disbursement by a foreign national 7as defined in section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4#cjaba7;b777 prohibited under such section4 7#c7 ,election2 ,federal office ,the terms election and ,federal office have the meanings given such terms under section #cja of the ,federal ,election ,campaign ,act of #aiga 7#ec ,u4,s4,c4 #cjaja74 7#d7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,house ,administration of the ,house of ,representatives2 7,b7 the ,committee on ,rules and ,administration of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on the ,judiciary of the ,senate4 7d7 ,sunset ,this section shall not apply to any #d-year election cycle beginning after the election for the offices of ,president and ,vice ,president in #bjcb4 #fjje4 ,prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda 7a7 ,in general ,section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;b771 as amended by section #fjjc1 is amended by adding at the end the following new paragraph3 7#c7 ,federal1 ,state1 or local election ,the term ,federal1 ,state1 or local election includes a ,state or local ballot initiative or referendum1 but only in the case of-- 7,a7 a covered foreign national described in section #cjd7;j77#c77;,c72 7,b7 a foreign principal described in section #a7;b77#b7 or #a7;b77#c7 of the ,foreign ,agent ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;b77#b7 or 7b77#c77 or an agent of such a foreign principal under such ,act4 4 7b7 ,effective date ,the amendment made by this section shall apply with respect to elections held in #bjbb or any succeeding year4 #fjjf4 ,disbursements and activities subject to foreign money ban 7a7 ,disbursements described ,section #cai7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,b72 and 7#b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 an expenditure2 7,d7 an independent expenditure2 7,e7 a disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c772 7,f7 a disbursement for a communication which is placed or promoted for a fee on a website1 web application1 or digital application that refers to a clearly identified candidate for election for ,federal office and is disseminated within #fj days before a general1 special or runoff election for the office sought by the candidate or #cj days before a primary or preference election1 or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate2 7,g7 a disbursement by a covered foreign national described in section #cjd7;j77#c77;,c7 for a broadcast1 cable or satellite communication1 or for a communication which is placed or promoted for a fee on a website1 web application1 or digital application1 that promotes1 supports1 attacks or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy72 7,h7 a disbursement for a broadcast1 cable1 or satellite communication1 or for any communication which is placed or promoted for a fee on an online platform 7as defined in section #cjd7k77#c771 that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for ,federal office is held1 but only if the disbursement is made by a covered foreign national described in section #cjd7;j77#c77;,c72 7,i7 a disbursement by a covered foreign national described in section #cjd7;j77#c77;,c7 to compensate any person for internet activity that promotes1 supports1 attacks or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy72 or 7,j7 a disbursement by a covered foreign national described in section #cjd7;j77#c77;,c7 for a ,federal judicial nomination communication 7as defined in section #cbd7;g77#b772 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this ,act4 #fjjg4 ,prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals 7a7 ,prohibition ,chapter #bi of title #ah1 ,united ,states ,code1 as amended by section #bjja7;a7 and section #caja7;a71 is amended by adding at the end the following3 #fad4 ,establishment of corporation to conceal election contributions and donations by foreign nationals 7a7 ,offense ,it shall be unlawful for an owner1 officer1 attorney1 or incorporation agent of a corporation1 company1 or other entity to establish or use the corporation1 company1 or other entity with the intent to conceal an activity of a foreign national 7as defined in section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba77 prohibited under such section #cai4 7b7 ,penalty ,any person who violates subsection 7a7 shall be imprisoned for not more than #e years1 fined under this title1 or both4 4 7b7 ,table of sections ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 as amended by section #bjja7;b7 and section #caja7;b71 is amended by inserting after the item relating to section #fab the following3 #fad4 ,establishment of corporation to conceal election contributions and donations by foreign nationals4 4 #b ,reporting of ,campaign-,related ,disbursements #fjaa4 ,reporting of campaign-related disbursements 7a7 ,in general ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,disclosure of campaign-related disbursements by covered organizations 7a7 ,disclosure statement 7#a7 ,in general ,any covered organization that makes campaign-related disbursements aggregating more than #aj1jjj in an election reporting cycle shall1 not later than #bd hours after each disclosure date1 file a statement with the ,commission made under penalty of perjury that contains the information described in paragraph 7#b7-- 7,a7 in the case of the first statement filed under this subsection1 for the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the first such disclosure date7 and ending on the first such disclosure date2 and 7,b7 in the case of any subsequent statement filed under this subsection1 for the period beginning on the previous disclosure date and ending on such disclosure date4 7#b7 ,information described ,the information described in this paragraph is as follows3 7,a7 ,the name of the covered organization and the principal place of business of such organization and1 in the case of a covered organization that is a corporation 7other than a business concern that is an issuer of a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl7 or that is required to file reports under section #ae7;d7 of that ,act 7#ae ,u4,s4,c4 #gho7d777 or an entity described in subsection 7e77#b71 a list of the beneficial owners 7as defined in paragraph 7#d77;,a77 of the entity that-- 7i7 identifies each beneficial owner by name and current residential or business street address2 and 7ii7 if any beneficial owner exercises control over the entity through another legal entity1 such as a corporation1 partnership1 limited liability company1 or trust1 identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity4 7,b7 ,the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than #a1jjj1 and the name and address of the person to whom the disbursement was made4 7,c7 ,in the case of a campaign-related disbursement that is not a covered transfer1 the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication1 the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate4 7,d7 ,a certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation1 consultation1 or concert with or at the request or suggestion of a candidate1 authorized committee1 or agent of a candidate1 political party1 or agent of a political party4 7,e7 7i7 ,if the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account1 for each such payment to the account-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the account in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbb1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be calendar year #bjbb4 7,f7 7i7 ,if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph 7,e71 for each payment to the covered organization-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbb1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be calendar year #bjbb4 7,g7 ,such other information as required in rules established by the ,commission to promote the purposes of this section4 7#c7 ,exceptions 7,a7 ,amounts received in ordinary course of business ,the requirement to include in a statement filed under paragraph 7#a7 the information described in paragraph 7#b7 shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments 7other than investments by the principal shareholder in a limited liability corporation7 in the covered organization4 ,for purposes of this subparagraph1 amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization4 7,b7 ,donor restriction on use of funds ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,f7 of paragraph 7#b7 shall not apply if-- 7i7 the person described in such subparagraph prohibited1 in writing1 the use of the payment made by such person for campaign-related disbursements2 and 7ii7 the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements4 7,c7 ,threat of harassment or reprisal ,the requirement to include any information relating to the name or address of any person 7other than a candidate7 in a statement submitted under paragraph 7#a7 shall not apply if the inclusion of the information would subject the person to serious threats1 harassment1 or reprisals4 7#d7 ,other definitions ,for purposes of this section3 7,a7 ,beneficial owner defined 7i7 ,in general ,except as provided in clause 7ii71 the term beneficial owner means1 with respect to any entity1 a natural person who1 directly or indirectly-- 7,i7 exercises substantial control over an entity through ownership1 voting rights1 agreement1 or otherwise2 or 7,,ii7 has a substantial interest in or receives substantial economic benefits from the assets of an entity4 7ii7 ,exceptions ,the term beneficial owner shall not include-- 7,i7 a minor child2 7,,ii7 a person acting as a nominee1 intermediary1 custodian1 or agent on behalf of another person2 7,,iii7 a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person2 7,,iv7 a person whose only interest in an entity is through a right of inheritance1 unless the person also meets the requirements of clause 7i72 or 7,v7 a creditor of an entity1 unless the creditor also meets the requirements of clause 7i74 7iii7 ,anti-abuse rule ,the exceptions under clause 7ii7 shall not apply if used for the purpose of evading1 circumventing1 or abusing the provisions of clause 7i7 or paragraph 7#b77;,a74 7,b7 ,disclosure date ,the term disclosure date means-- 7i7 the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj2 and 7ii7 any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj since the most recent disclosure date for such election reporting cycle4 7,c7 ,election reporting cycle ,the term election reporting cycle means the #b-year period beginning on the date of the most recent general election for ,federal office4 7,d7 ,payment ,the term payment includes any contribution1 donation1 transfer1 payment of dues1 or other payment4 7b7 ,coordination with other provisions 7#a7 ,other reports filed with the ,commission ,information included in a statement filed under this section may be excluded from statements and reports filed under section #cjd4 7#b7 ,treatment as separate segregated fund ,a segregated bank account referred to in subsection 7a77#b77;,e7 may be treated as a separate segregated fund for purposes of section #ebg7;f77#c7 of the ,internal ,revenue ,code of #aihf4 7c7 ,filing ,statements required to be filed under subsection 7a7 shall be subject to the requirements of section #cjd7;d7 to the same extent and in the same manner as if such reports had been required under subsection 7c7 or 7g7 of section #cjd4 7d7 ,campaign-,related disbursement defined 7#a7 ,in general ,in this section1 the term campaign-related disbursement means a disbursement by a covered organization for any of the following3 7,a7 ,an independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for ,federal office1 or is the functional equivalent of express advocacy because1 when taken as a whole1 it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for ,federal office4 7,b7 ,an applicable public communication4 7,c7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7,d7 ,a covered transfer4 7#b7 ,applicable public communications 7,a7 ,in general ,the term applicable public communication means any public communication that refers to a clearly identified candidate for election for ,federal office and which promotes or supports the election of a candidate for that office1 or attacks or opposes the election of a candidate for that office1 without regard to whether the communication expressly advocates a vote for or against a candidate for that office4 7,b7 ,exception ,such term shall not include any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 publication1 or periodical1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate4 7#c7 ,intent not required ,a disbursement for an item described in subparagraph 7,a71 7,b71 7,c7 or 7,d7 of paragraph 7#a7 shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement4 7e7 ,covered organization defined ,in this section1 the term covered organization means any of the following3 7#a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,a limited liability corporation that is not otherwise treated as a corporation for purposes of this ,act 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7#d7 ,a labor organization 7as defined in section #caf7;b774 7#e7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act 7except as provided in paragraph 7#f774 7#f7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 7f7 ,covered transfer defined 7#a7 ,in general ,in this section1 the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization-- 7,a7 designates1 requests1 or suggests that the amounts be used for-- 7i7 campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,b7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,c7 engaged in discussions with the recipient of the transfer or payment regarding-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 or 7,d7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7#b7 ,exclusions ,the term covered transfer does not include any of the following3 7,a7 ,a disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization4 7,b7 ,a disbursement made by a covered organization if-- 7i7 the covered organization prohibited1 in writing1 the use of such disbursement for campaign-related disbursements2 and 7ii7 the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements4 7#c7 ,special rule regarding transfers among affiliates 7,a7 ,special rule ,a transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph 7,c7 shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than #ej1jjj4 7,b7 ,determination of amount of certain payments among affiliates ,in determining the amount of a transfer between affiliates for purposes of subparagraph 7,a71 to the extent that the transfer consists of funds attributable to dues1 fees1 or assessments which are paid by individuals on a regular1 periodic basis in accordance with a per-individual calculation which is made on a regular basis1 the transfer shall be attributed to the individuals paying the dues1 fees1 or assessments and shall not be attributed to the covered organization4 7,c7 ,description of transfers between affiliates ,a transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- 7i7 one of the organizations is an affiliate of the other organization2 or 7ii7 each of the organizations is an affiliate of the same organization1 except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements4 7,d7 ,determination of affiliate status ,for purposes of subparagraph 7,c71 a covered organization is an affiliate of another covered organization if-- 7i7 the governing instrument of the organization requires it to be bound by decisions of the other organization2 7ii7 the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board1 officers1 or paid executive staff members of the other organization1 or whose service on the governing board is contingent upon the approval of the other organization2 or 7iii7 the organization is chartered by the other organization4 7,e7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization4 7g7 ,no effect on other reporting requirements ,except as provided in subsection 7b77#a71 nothing in this section shall be construed to waive or otherwise affect any other requirement of this ,act which relates to the reporting of campaign-related disbursements4 4 7b7 ,conforming amendment ,section #cjd7;f77#f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by striking ,any requirement and inserting ,except as provided in section #cbd7;b71 any requirement4 7c7 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate regulations relating the application of the exemption under section #cbd7;a77#c77;,c7 of the ,federal ,election ,campaign ,act of #aiga 7as added by paragraph 7#a774 ,such regulations-- 7#a7 shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section #cbd7;a77#a7 of such ,act 7as added by paragraph 7#a771 and 7#b7 shall be consistent with the principles applied in ,citizens ,united v4 ,federal ,election ,commission1 #eeh ,u4,s4 #caj 7#bjaj74 #fjab4 ,reporting of ,federal judicial nomination disbursements 7a7 ,findings ,congress makes the following findings3 7#a7 ,a fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the ,united ,states in the justice system4 ,as the ,supreme ,court held in ,caperton v4 ,massey1 there is a serious risk of actual bias--based on objective and reasonable perceptions--when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case4 7,caperton v4 ,a4 ,t4 ,massey ,coal ,co41 #eef ,u4,s4 #hfh1 #hhd 7#bjji774 7#b7 ,public trust in government is at a historic low4 ,according to polling1 most ,americans believe that corporations have too much power and influence in politics and the courts4 7#c7 ,the prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts4 ,dark money is funding for organizations and political activities that cannot be traced to actual donors4 ,it is made possible by loopholes in our tax laws and regulations1 weak oversight by the ,internal ,revenue ,service1 and donor-friendly court decisions4 7#d7 ,under current law1 social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity4 ,super ,p,a,cs can accept and spend unlimited contributions from any non-foreign source4 ,these groups can spend tens of millions of dollars on political activities4 ,such dark money groups spent an estimated #a1jej1jjj1jjj in the #bjbj election cycle4 7#e7 ,dark money is used to shape judicial decision-making4 ,this can take many forms1 akin to agency capture3 influencing judicial selection by controlling who gets nominated and funding candidate advertisements2 creating public relations campaigns aimed at mobilizing the judiciary around particular issues2 and drafting law review articles1 amicus briefs1 and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt4 7#f7 ,over the past decade1 nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for ,federal judges4 ,one organization alone has spent nearly #dj1jjj1jjj on advertisements supporting or opposing ,supreme ,court nominees since #bjaf4 7#g7 ,anonymous money spent on judicial nominations is not subject to any disclosure requirements4 ,federal election laws only regulate contributions and expenditures relating to electoral politics2 thus1 expenditures1 contributions1 and advocacy efforts for ,federal judgeships are not covered under the ,federal ,election ,campaign ,act of #aiga4 ,without more disclosure1 the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts4 7#h7 ,congress and the ,american people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the ,federal bench4 7b7 ,reporting ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf71 as amended by section #fjaa1 is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,application to ,federal judicial nominations 7#a7 ,in general ,for purposes of this section-- 7,a7 a disbursement by a covered organization for a ,federal judicial nomination communication shall be treated as a campaign-related disbursement2 and 7,b7 in the case of campaign-related disbursements which are for ,federal judicial nomination communications-- 7i7 the dollar amounts in paragraphs 7#a7 and 7#b7 of subsection 7a7 shall be applied separately with respect to such disbursements and other campaign-related disbursements2 7ii7 the election reporting cycle shall be the calendar year in which the disbursement for the ,federal judicial nomination communication is made2 7iii7 references to a candidate in subsections 7a77#b77;,c71 7a77#b77;,d71 and 7a77#c77;,c7 shall be treated as references to a nominee for a ,federal judge or justice2 7iv7 the reference to an election in subsection 7a77#b77;,c7 shall be treated as a reference to the nomination of such nominee4 7#b7 ,federal judicial nomination communication 7,a7 ,in general ,the term ,federal judicial nomination communication means any communication-- 7i7 that is by means of any broadcast1 cable1 or satellite1 paid internet1 or paid digital communication1 paid promotion1 newspaper1 magazine1 outdoor advertising facility1 mass mailing1 telephone bank1 telephone messaging effort of more than #ejj substantially similar calls or electronic messages within a #cj-;day period1 or any other form of general public political advertising2 and 7ii7 which promotes1 supports1 attacks1 or opposes the nomination or ,senate confirmation of an individual as a ,federal judge or justice4 7,b7 ,exception ,such term shall not include any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 publication1 or periodical1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate4 7,c7 ,intent not required ,a disbursement for an item described in subparagraph 7,a7 shall be treated as a disbursement for a ,federal judicial nomination communication regardless of the intent of the person making the disbursement4 4 #fjac4 ,coordination with ,fin,c,e,n 7a7 ,in general ,the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury shall provide the ,federal ,election ,commission with such information as necessary to assist in administering and enforcing section #cbd of the ,federal ,election ,campaign ,act of #aiga1 as amended by this part4 7b7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,chairman of the ,federal ,election ,commission1 in consultation with the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury1 shall submit to ,congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section #cbd4 #fjad4 ,application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers ,section #cai7;b77#b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a771 as amended by section #fjjc1 is amended-- 7#a7 by striking includes any disbursement and inserting includes-- 7,a7 any disbursement 2 7#b7 by striking the period at the end and inserting 2 and1 and 7#c7 by adding at the end the following new subparagraph3 7,b7 any disbursement1 other than a disbursement described in section #cbd7;a77#c77;,a71 to another person who made a campaign-related disbursement consisting of a covered transfer 7as described in section #cbd7 during the #b-year period ending on the date of the disbursement4 4 #fjae4 ,effective date ,the amendments made by this part shall apply with respect to disbursements made on or after ,january #a1 #bjbb1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #c ,other ,administrative ,reforms #fjba4 ,petition for certiorari ,section #cjg7;a77#f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajg7;a77#f77 is amended by inserting 7including a proceeding before the ,supreme ,court on certiorari7 after appeal4 #fjbb4 ,judicial review of actions related to campaign finance laws 7a7 ,in general ,title ,,iv of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjada et seq47 is amended by inserting after section #djf the following new section3 #djg4 ,judicial review 7a7 ,in general ,if any action is brought for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality or lawfulness of any provision of this ,act1 including title ,v1 or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or is brought to with respect to any action of the ,commission under chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 the following rules shall apply3 7#a7 ,the action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia and an appeal from the decision of the district court may be taken to the ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,in the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision1 the party filing the action shall concurrently deliver a copy of the complaint to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate4 7#c7 ,it shall be the duty of the ,united ,states ,district ,court for the ,district of ,columbia and the ,court of ,appeals for the ,district of ,columbia ,circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal4 7b7 ,clarifying scope of jurisdiction ,if an action at the time of its commencement is not subject to subsection 7a71 but an amendment1 counterclaim1 cross-claim1 affirmative defense1 or any other pleading or motion is filed challenging1 whether facially or as-applied1 the constitutionality or lawfulness of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or is brought to with respect to any action of the ,commission under chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 the district court shall transfer the action to the ,district ,court for the ,district of ,columbia1 and the action shall thereafter be conducted pursuant to subsection 7a74 7c7 ,intervention by ,members of ,congress ,in any action described in subsection 7a7 relating to declaratory or injunctive relief to challenge the constitutionality of a provision1 any ,member of the ,house of ,representatives 7including a ,delegate or ,resident ,commissioner to the ,congress7 or ,senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision4 ,to avoid duplication of efforts and reduce the burdens placed on the parties to the action1 the court in any such action may make such orders as it considers necessary1 including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument4 7d7 ,challenge by ,members of ,congress ,any ,member of ,congress may bring an action1 subject to the special rules described in subsection 7a71 for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality of any provision of this ,act or chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 4 7b7 ,conforming amendments 7#a7 ,section #ijaa of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #ijaa4 ,judicial review ,for provisions relating to judicial review of certifications1 determinations1 and actions by the ,commission under this chapter1 see section #djg of the ,federal ,election ,campaign ,act of #aiga4 4 7#b7 ,section #ijda of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #ijda4 ,judicial review ,for provisions relating to judicial review of actions by the ,commission under this chapter1 see section #djg of the ,federal ,election ,campaign ,act of #aiga4 4 7#c7 ,section #caj of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaj7 is repealed4 7#d7 ,section #djc of the ,bipartisan ,campaign ,reform ,act of #bjjb 7#eb ,u4,s4,c4 #cjaaj note7 is repealed4 #fjbc4 ,effective date ,the amendments made by this subtitle shall take effect and apply on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle4 ,b ,honest ,ads #faja4 ,short title ,this subtitle may be cited as the ,honest ,ads ,act4 #fajb4 ,purpose ,the purpose of this subtitle is to enhance the integrity of ,american democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the ,supreme ,court's well-established standard that the electorate bears the right to be fully informed4 #fajc4 ,findings ,congress makes the following findings3 7#a7 ,in #bjjb1 the ,bipartisan ,campaign ,reform ,act of #bjjb 7,public ,law #ajg-aee7 became law1 establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television4 ,in #bjjc1 the ,supreme ,court upheld regulations on electioneering communications established under the ,act1 noting that such requirements provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking4 ,the ,court reaffirmed this conclusion in #bjaj by an #h-a vote4 7#b7 ,in its #bjjf rulemaking1 the ,federal ,election ,commission1 the independent ,federal agency charged with protecting the integrity of the ,federal campaign finance process1 noted that #ah percent of all ,americans cited the internet as their leading source of news about the #bjjd ,presidential election4 ,by contrast1 ,gallup and the ,knight ,foundation found in #bjbj that the majority of ,americans1 #eh percent1 got most of their news about elections online4 7#c7 ,according to a study from ,borrell ,associates1 in #bjaf1 #a1dae1jjj1jjj was spent on online advertising1 more than quadruple the amount in #bjab4 7#d7 ,effective and complete transparency for voters must include information about the true and original source of money given1 transferred1 and spent on political advertisements made online4 7#e7 ,requiring the disclosure of this information is a necessary and narrowly tailored means to inform the voting public of who is behind digital advertising disseminated to influence their votes and to enable the ,federal ,election ,commission and the ,department of ,justice to detect and prosecute illegal foreign spending on local1 ,state1 and ,federal elections and other campaign finance violations4 7#f7 ,paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people1 the availability of sophisticated microtargeting1 and the ease with which online advertisers1 particularly those located outside the ,united ,states1 can evade disclosure requirements4 ,requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws1 including the prohibition on foreign money in domestic campaigns4 7#g7 ,the reach of a few large internet platforms--larger than any broadcast1 satellite1 or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns4 ,for instance1 the largest platform has over #baj1jjj1jjj ,american users--over #afj1jjj1jjj of them on a daily basis4 ,by contrast1 the largest cable television provider has #bb1dcj1jjj subscribers1 while the largest satellite television provider has #ba1jjj1jjj subscribers4 ,and the most-watched television broadcast in ,united ,states history had #aah1jjj1jjj viewers4 7#h7 ,the public nature of broadcast television1 radio1 and satellite ensures a level of publicity for any political advertisement4 ,these communications are accessible to the press1 fact-checkers1 and political opponents4 ,this creates strong disincentives for a candidate to disseminate materially false1 inflammatory1 or contradictory messages to the public4 ,social media platforms1 in contrast1 can target portions of the electorate with direct1 ephemeral advertisements often on the basis of private information the platform has on individuals1 enabling political advertisements that are contradictory1 racially or socially inflammatory1 or materially false4 7#i7 ,according to comscore1 #b companies own #h of the #aj most popular smart phone applications as of ,june #bjag1 including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user4 ,those same #b companies accounted for #ii percent of revenue growth from digital advertising in #bjaf1 including #gg percent of gross spending4 #gi percent of online ,americans--representing #fh percent of all ,americans--use the single largest social network1 while #ff percent of these users are most likely to get their news from that site4 7#aj7 ,large social media platforms are the only entities in possession of certain key data related to paid online ads1 including the exact audience targeted by those ads and their number of impressions4 ,such information1 which cannot be reliably disclosed by the purchasers of ads1 is extremely useful for informing the electorate1 guarding against corruption1 and aiding in the enforcement of existing campaign finance regulations4 7#aa7 ,paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns--even those that rely on large amounts of unpaid content--because such ads allow foreign actors to test the effectiveness of different messages1 expose their messages to audiences who have not sought out such content1 and recruit audiences for future campaigns and posts4 7#ab7 ,in testimony before the ,senate ,select ,committee on ,intelligence titled1 ,disinformation3 ,a ,primer in ,russian ,active ,measures and ,influence ,campaigns1 multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed1 social media services now provide platforms practically purpose-built for active measures4 ,similarly1 as ,gen4 ,keith ,b4 ,alexander 7,,ret471 the former ,director of the ,national ,security ,agency1 testified1 during the ,cold ,war if the ,soviet ,union sought to manipulate information flow1 it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news3 planting of leaflets1 inciting of violence1 creation of other false materials and narratives4 ,but the news itself was hard to manipulate because it would have required actual control of the organs of media1 which took long-term efforts to penetrate4 ,today1 however1 because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information1 there is an increasing likelihood that the information available to average consumers may be inaccurate 7whether intentionally or otherwise7 and may be more easily manipulable than in prior eras44 7#ac7 ,on ,november #bd1 #bjaf1 ,the ,washington ,post reported findings from #b teams of independent researchers that concluded ,russians exploited ,american-made technology platforms to attack ,u4,s4 democracy at a particularly vulnerable moment 999999 as part of a broadly effective strategy of sowing distrust in ,u4,s4 democracy and its leaders44 7#ad7 ,on ,january #f1 #bjag1 the ,office of the ,director of ,national ,intelligence published a report titled ,assessing ,russian ,activities and ,intentions in ,recent ,u4,s4 ,elections1 noting that ,russian ,president ,vladimir ,putin ordered an influence campaign in #bjaf aimed at the ,,us presidential election 99 99 994 ,moscow's influence campaign followed a ,russian messaging strategy that blends covert intelligence operation--such as cyber activity--with overt efforts by ,russian ,government agencies1 state-funded media1 third-party intermediaries1 and paid social media users or trolls4 7#ae7 ,on ,september #f1 #bjag1 the nation's largest social media platform disclosed that between ,june #bjae and ,may #bjag1 ,russian entities purchased #ajj1jjj in political advertisements1 publishing roughly #c1jjj ads linked to fake accounts associated with the ,internet ,research ,agency1 a pro-,kremlin organization4 ,according to the company1 the ads purchased focused on amplifying divisive social and political messages 9999994 7#af7 ,findings from a #bjag study on the manipulation of public opinion through social media conducted by the ,computational ,propaganda ,research ,project at the ,oxford ,internet ,institute found that the ,kremlin is using pro-,russian bots to manipulate public discourse to a highly targeted audience4 ,with a sample of nearly #a1cjj1jjj tweets1 researchers found that in the #bjaf election's #c decisive ,states1 propaganda constituted #dj percent of the sampled election-related tweets that went to ,pennsylvanians1 #cd percent to ,michigan voters1 and #cj percent to those in ,wisconsin4 ,in other swing ,states1 the figure reached #db percent in ,missouri1 #da percent in ,florida1 #dj percent in ,north ,carolina1 #ch percent in ,colorado1 and #ce percent in ,ohio4 7#ag7 #bjah reporting by the ,washington ,post estimated that paid ,russian ads received more than #cg1jjj1jjj impressions in #bjaf and #bjag4 7#ah7 ,a #bjai ,senate ,select ,committee on ,intelligence's ,report on ,russian ,active ,measures ,campaigns and ,interference in the #bjaf ,u4,s4 ,election ,volume #b3 ,russia's ,use of ,social ,media with ,additional ,views1 the ,committee recommended that ,congress examine legislative approaches to ensuring ,americans know the sources of online political advertisements4 ,the ,federal ,election ,campaign ,act of #aiga requires political advertisements on television1 radio and satellite to disclose the sponsor of the advertisement4 ,the same requirements should apply online4 ,this will also help to ensure that the ,,ira or any similarly situated actors cannot use paid advertisements for purposes of foreign interference44 7#ai7 ,a #bjbj study by researchers at ,new ,york ,university found undisclosed political advertisement purchases on a large social media platform by a ,chinese state media company in violation of that platform's supposed prohibitions on foreign spending on ads of social1 national1 or electoral importance4 7#bj7 ,the same study also found that there are persistent issues with advertisers failing to disclose political ads and that in one social media platform's political ad archive1 #fh1hgi pages 7#ed4f percent of pages with political ads included in the archive7 never provided a disclosure4 ,overall1 there were #ceg1jii ads run on that platforms without a disclosure1 accounting for at least #cg1jjj1jjj in spending on political ads4 7#ba7 ,a #bjbj report by the bipartisan and bicameral ,u4,s4 ,cyberspace ,solarium ,commission found that ,although foreign nationals are banned from contributing to ,u4,s4 political campaigns1 they are still allowed to purchase ,u4,s4 political advertisements online1 making the internet a fertile environment for conducting a malign influence campaign to undermine ,american elections4 ,the ,commission concluded that ,russian interference in the #bjaf election was and still is possible1 because the ,,feca1 which establishes rules for transparency in television1 radio1 and print media political advertising1 has not been amended to extend the same political advertising requirements to internet platforms1 and that applying these standards across all media of communication would1 among other things1 increase transparency of funding for political advertisements1 which would in turn strengthen regulators' ability to reduce improper foreign influence in our elections4 7#bb7 ,on ,march #af1 #bjba1 the ,office of the ,director of ,national ,intelligence released the declassified ,intelligence ,community assessment of foreign threats to the #bjbj ,u4,s4 ,federal elections4 ,the declassified report found3 ,throughout the election cycle1 ,russia's online influence actors sought to affect ,u4,s4 public perceptions of the candidates1 as well as advance ,moscow's longstanding goals of undermining confidence in ,,us election processes and increasing sociopolitical divisions among the ,american people4 ,the report also determined that ,iran sought to influence the election by creating and amplifying social media content that criticized candidates4 7#bc7 ,according to a ,wall ,street ,journal report in ,april #bjba1 voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases4 ,these ad-buys1 including those diminishing major human rights violations like the ,uighur genocide1 are under-reported by foreign government purchasers1 with no substantial oversight or repercussions from the platforms4 7#bd7 ,multiple reports have indicated that online ads have become a key vector for strategic influence by the ,people's ,republic of ,china4 ,an ,april #bjba ,wall ,street ,journal report noted that the ,chinese government and ,chinese state-owned enterprises are major purchasers of ads on the ,u4,s4's largest social media platform1 including to advance ,chinese propaganda4 7#be7 ,large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads4 ,however1 these private actions have not been taken by all platforms1 have not been reliably enforced1 and are subject to immediate change at the discretion of the platforms4 7#bf7 ,the ,federal ,election ,commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online4 #fajd4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the dramatic increase in digital political advertisements1 and the growing centrality of online platforms in the lives of ,americans1 requires the ,congress and the ,federal ,election ,commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy2 7#b7 free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements1 be they foreign or domestic1 in order to make informed political choices and hold elected officials accountable2 and 7#c7 transparency of funding for political advertisements is essential to enforce other campaign finance laws1 including the prohibition on campaign spending by foreign nationals4 #faje4 ,expansion of definition of public communication 7a7 ,in general ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication4 7b7 ,treatment of contributions and expenditures ,section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7 is amended-- 7#a7 in paragraph 7#h77;,b77v71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication2 and 7#b7 in paragraph 7#i77;,b7-- 7,a7 by amending clause 7i7 to read as follows3 7i7 any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 print1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 2 and 7,b7 in clause 7iv71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication4 7c7 ,disclosure and disclaimer statements ,subsection 7a7 of section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended-- 7#a7 by striking financing any communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting financing any public communication2 and 7#b7 by striking solicits any contribution through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting solicits any contribution through any public communication4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection 7e74 7e7 ,regulation ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga7eb ,u4,s4,c4 #cjaja7bb771 as amended by subsection 7a71 except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources1 such as employee compensation1 of the entity paying for the communication4 #fajf4 ,expansion of definition of electioneering communication 7a7 ,expansion to online communications 7#a7 ,application to qualified ,internet and digital communications 7,a7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified internet or digital communication4 7,b7 ,qualified ,internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,qualified ,internet or digital communication ,the term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform 7as defined in subsection 7k77#c774 4 7#b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7#c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to communications made on or after ,january #a1 #bjbb and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #fajg4 ,application of disclaimer statements to online communications 7a7 ,clear and conspicuous manner requirement ,subsection 7a7 of section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 is amended-- 7#a7 by striking shall clearly state each place it appears in paragraphs 7#a71 7#b71 and 7#c7 and inserting shall state in a clear and conspicuous manner2 and 7#b7 by adding at the end the following flush sentence3 ,for purposes of this section1 a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked44 7b7 ,special rules for qualified ,internet or digital communications 7#a7 ,in general ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special rules for qualified ,internet or digital communications 7#a7 ,special rules with respect to statements ,in the case of any qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 which is disseminated through a medium in which the provision of all of the information specified in this section is not possible1 the communication shall1 in a clear and conspicuous manner-- 7,a7 state the name of the person who paid for the communication2 and 7,b7 provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information4 7#b7 ,safe harbor for determining clear and conspicuous manner ,a statement in qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 shall be considered to be made in a clear and conspicuous manner as provided in subsection 7a7 if the communication meets the following requirements3 7,a7 ,text or graphic communications ,in the case of a text or graphic communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the communication2 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7,b7 ,audio communications ,in the case of an audio communication1 the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least #c seconds4 7,c7 ,video communications ,in the case of a video communication which also includes audio1 the statement-- 7i7 is included at either the beginning or the end of the communication2 and 7ii7 is made both in-- 7,i7 a written format that meets the requirements of subparagraph 7,a7 and appears for at least #d seconds2 and 7,,ii7 an audible format that meets the requirements of subparagraph 7,b74 7,d7 ,other communications ,in the case of any other type of communication1 the statement is at least as clear and conspicuous as the statement specified in subparagraph 7,a71 7,b71 or 7,c74 4 7#b7 ,nonapplication of certain exceptions ,the exceptions provided in section #aaj4aa7;f77#a77;i7 and 7ii7 of title #aa1 ,code of ,federal ,regulations1 or any successor to such rules1 shall have no application to qualified internet or digital communications 7as defined in section #cjd7;f77#c77;,d7 of the ,federal ,election ,campaign ,act of #aiga74 7c7 ,modification of additional requirements for certain communications ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 7d7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #fajh4 ,political record requirements for online platforms 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by section #chjb1 is amended by adding at the end the following new subsection3 7k7 ,disclosure of certain online advertisements 7#a7 ,in general 7,a7 ,requirements for online platforms 7i7 ,in general ,an online platform shall maintain1 and make available for online public inspection in machine readable format1 a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds #ejj4 7ii7 ,requirement relating to political ads sold by third party advertising vendors ,an online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in 7#c77;,c71 shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause 7i7 regarding such qualified political advertisement4 7,b7 ,requirements for advertisers ,any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph 7,a74 7#b7 ,contents of record ,a record maintained under paragraph 7#a77;,a7 shall contain-- 7,a7 a digital copy of the qualified political advertisement2 7,b7 a description of the audience targeted by the advertisement1 the number of views generated from the advertisement1 and the date and time that the advertisement is first displayed and last displayed2 and 7,c7 information regarding-- 7i7 the total cost of the advertisement2 7ii7 the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election1 the election to which the advertisement refers1 or the national legislative issue to which the advertisement refers 7as applicable72 7iii7 in the case of a request made by1 or on behalf of1 a candidate1 the name of the candidate1 the authorized committee of the candidate1 and the treasurer of such committee2 and 7iv7 in the case of any request not described in clause 7iii71 the name of the person purchasing the advertisement1 the name and address of a contact person for such person1 and a list of the chief executive officers or members of the executive committee or of the board of directors of such person4 7#c7 ,online platform 7,a7 ,in general ,for purposes of this subsection1 subject to subparagraph 7,b71 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7i7 7,i7 sells qualified political advertisements2 and 7,,ii7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months2 or 7ii7 is a third-party advertising vendor that has #ej1jjj1jjj or more unique monthly ,united ,states visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding #ab months1 as measured by an independent digital ratings service accredited by the ,media ,ratings ,council 7or its successor74 7,b7 ,exemption ,such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper1 magazine1 blog1 publication1 or periodical4 7,c7 ,third-party advertising vendor defined ,for purposes of this subsection1 the term third-party advertising vendor includes1 but is not limited to1 any third-party advertising vendor network1 advertising agency1 advertiser1 or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites1 search engines1 digital applications1 or social media sites4 7#d7 ,qualified political advertisement ,for purposes of this subsection1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7,a7 is made by or on behalf of a candidate2 or 7,b7 communicates a message relating to any political matter of national importance1 including-- 7i7 a candidate2 7ii7 any election to ,federal office2 or 7iii7 a national legislative issue of public importance4 7#e7 ,time to maintain file ,the information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than #d years4 7#f7 ,special rule ,for purposes of this subsection1 multiple versions of an advertisement that contain no material differences 7such as versions that differ only because they contain a recipient's name1 or differ only in size1 color1 font1 or layout7 may be treated as a single qualified political advertisement4 7#g7 ,penalties ,for penalties for failure by online platforms1 and persons requesting to purchase a qualified political advertisement on online platforms1 to comply with the requirements of this subsection1 see section #cji4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection 7c74 7c7 ,rulemaking ,not later than #abj days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall establish rules-- 7#a7 requiring common data formats for the record required to be maintained under section #cjd7k7 of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a77 so that all online platforms submit and maintain data online in a common1 machine-readable and publicly accessible format2 and 7#b7 establishing search interface requirements relating to such record1 including searches by candidate name1 issue1 purchaser1 and date4 7d7 ,reporting ,not later than #b years after the date of the enactment of this ,act1 and biannually thereafter1 the ,chairman of the ,federal ,election ,commission shall submit a report to ,congress on-- 7#a7 matters relating to compliance with and the enforcement of the requirements of section #cjd7k7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a72 7#b7 recommendations for any modifications to such section to assist in carrying out its purposes2 and 7#c7 identifying ways to bring transparency and accountability to political advertisements distributed online for free4 #faji4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7 is amended by adding at the end the following new subsection3 7c7 ,responsibilities of broadcast stations1 providers of cable and satellite television1 and online platforms 7#a7 ,in general ,each television or radio broadcast station1 provider of cable or satellite television1 or online platform 7as defined in section #cjd7k77#c77 shall make reasonable efforts to ensure that communications described in section #cah7;a7 and made available by such station1 provider1 or platform are not purchased by a foreign national1 directly or indirectly4 7#b7 ,regulations ,not later than #a year after the date of the enactment of this subsection1 the ,commission shall promulgate regulations on what constitutes reasonable efforts under paragraph 7#a74 4 #faaj4 ,requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by section #chjb and section #fajh7;a71 is amended by adding at the end the following new subsection3 7l7 ,ensuring display and sharing of sponsor identification in online political advertisements 7#a7 ,requirement ,an online platform displaying a qualified political advertisement shall-- 7,a7 display with the advertisement a visible notice identifying the sponsor of the advertisement 7or1 if it is not practical for the platform to display such a notice1 a notice that the advertisement is sponsored by a person other than the platform72 and 7,b7 ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform4 7#b7 ,definitions ,in this subsection-- 7,a7 the term online platform has the meaning given such term in subsection 7k77#c72 and 7,b7 the term #8qualified political advertisement has the meaning given such term in subsection 7k77#d74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to advertisements displayed on or after the #abj-;day period which begins on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,c ,spotlight ,act #fbja4 ,short title ,this subtitle may be cited as the ,spotlight ,act4 #fbjb4 ,inclusion of contributor information on annual returns of certain organizations 7a7 ,repeal of regulations ,the final regulations of the ,department of the ,treasury relating to guidance under section #fjcc regarding the reporting requirements of exempt organizations 7published at #he ,fed4 ,reg4 #caiei 7,may #bh1 #bjbj77 shall have no force and effect4 7b7 ,inclusion of contributor information 7#a7 ,social welfare organizations ,section #fjcc7;f77#a7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7#e71 after paragraphs4 7#b7 ,labor organizations and business leagues ,section #fjcc of such ,code is amended by redesignating subsection 7o7 as subsection 7p7 and by inserting after subsection 7n7 the following new subsection3 7o7 ,additional requirements for organizations described in subsections 7c77#e7 and 7c77#f7 of section #eja ,every organization which is described in paragraph 7#e7 or 7#f7 of section #eja7;c7 and which is subject to the requirements of subsection 7a7 shall include on the return required under subsection 7a7 the information referred to in subsection 7b77#e74 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this ,act4 7c7 ,modification to discretionary exceptions ,section #fjcc7;a77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,b7 ,discretionary exceptions 7i7 ,in general ,paragraph 7#a7 shall not apply to any organization if the ,secretary made a determination under this subparagraph before ,july #af1 #bjah1 that such filing is not necessary to the efficient administration of the internal revenue laws4 7ii7 ,recommendations for other exceptions ,the ,secretary may recommend to ,congress that ,congress relieve any organization required under paragraph 7#a7 to file an information return from filing such a return if the ,secretary determines that such filing does not advance a national security1 law enforcement1 or tax administration purpose4 4 ,,vii ,campaign ,finance ,oversight ,a ,stopping ,super ,,pac-,candidate ,coordination #gjja4 ,short title ,this subtitle may be cited as the ,stop ,super ,,pac-,candidate ,coordination ,act4 #gjjb4 ,clarification of treatment of coordinated expenditures as contributions to candidates 7a7 ,treatment as contribution to candidate ,section #cja7h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7h77;,a77 is amended-- 7#a7 by striking or at the end of clause 7i72 7#b7 by striking the period at the end of clause 7ii7 and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7iii7 any payment made by any person 7other than a candidate1 an authorized committee of a candidate1 or a political committee of a political party7 for a coordinated expenditure 7as such term is defined in section #cbe7 which is not otherwise treated as a contribution under clause 7i7 or clause 7ii74 4 7b7 ,definitions ,title ,,iii of such ,act 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,payments for coordinated expenditures 7a7 ,coordinated expenditures 7#a7 ,in general ,for purposes of section #cja7h77;,a77iii71 the term coordinated expenditure means-- 7,a7 any expenditure1 or any payment for a covered communication described in subsection 7d71 which is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 as defined in subsection 7b72 or 7,b7 any payment for any communication which republishes1 disseminates1 or distributes1 in whole or in part1 any video or broadcast or any written1 graphic1 or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee 7including any excerpt or use of any video from any such broadcast or written1 graphic1 or other form of campaign material74 7#b7 ,exception for payments for certain communications ,a payment for a communication 7including a covered communication described in subsection 7e77 shall not be treated as a coordinated expenditure under this subsection if-- 7,a7 the communication appears in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station1 newspaper1 magazine1 or other periodical publication1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate2 or 7,b7 the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the ,commission pursuant to section #cjd7;f77#c77;,b77iii71 or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum4 7b7 ,coordination described 7#a7 ,in general ,for purposes of this section1 a payment is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 if the payment1 or any communication for which the payment is made1 is not made entirely independently of the candidate1 committee1 or agents4 ,for purposes of the previous sentence1 a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with1 or pursuant to any communication with1 the candidate1 committee1 or agents about the payment or communication4 7#b7 ,no finding of coordination based solely on sharing of information regarding legislative or policy position ,for purposes of this section1 a payment shall not be considered to be made by a person in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee1 or with any agent of the candidate or committee1 regarding that person's position on a legislative or policy matter 7including urging the candidate or committee to adopt that person's position71 so long as there is no communication between the person and the candidate or committee1 or any agent of the candidate or committee1 regarding the candidate's or committee's campaign advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 or other campaign activities4 7#c7 ,no effect on party coordination standard ,nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section #cae7;d74 7c7 ,payments by coordinated spenders for covered communications 7#a7 ,payments made in cooperation1 consultation1 or concert with candidates ,for purposes of subsection 7a77#a77;,a71 if the person who makes a payment for a covered communication1 as defined in subsection 7e71 is a coordinated spender under paragraph 7#b7 with respect to the candidate as described in paragraph 7#b71 the payment for the covered communication is made in cooperation1 consultation1 or concert with the candidate4 7#b7 ,coordinated spender defined ,for purposes of this subsection1 the term coordinated spender means1 with respect to a candidate or an authorized committee of a candidate1 a person 7other than a political committee of a political party7 for which any of the following applies3 7,a7 ,during the #d-year period ending on the date on which the person makes the payment1 the person was directly or indirectly formed or established by or at the request or suggestion of1 or with the encouragement of1 the candidate 7including an individual who later becomes a candidate7 or committee or agents of the candidate or committee1 including with the approval of the candidate or committee or agents of the candidate or committee4 7,b7 ,the candidate or committee or any agent of the candidate or committee solicits funds1 appears at a fundraising event1 or engages in other fundraising activity on the person's behalf during the election cycle involved1 including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity1 regardless of whether the person pays fair market value for the names or lists provided4 ,for purposes of this subparagraph1 the term election cycle means1 with respect to an election for ,federal office1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 7,c7 ,the person is established1 directed1 or managed by the candidate or committee or by any person who1 during the #d-year period ending on the date on which the person makes the payment1 has been employed or retained as a political1 campaign media1 or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee1 or has held a formal position with the candidate or committee 7including a position as an employee of the office of the candidate at any time the candidate held any ,federal1 ,state1 or local public office during the #d-year period74 7,d7 ,the person has retained the professional services of any person who1 during the #b-year period ending on the date on which the person makes the payment1 has provided or is providing professional services relating to the campaign to the candidate or committee1 unless the person providing the professional services used a firewall or similar procedure in accordance with subsection 7d74 ,for purposes of this subparagraph1 the term professional services includes any services in support of the candidate's or committee's campaign activities1 including advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 and campaign operations1 but does not include accounting or legal services4 7,e7 ,the person is established1 directed1 or managed by a member of the immediate family of the candidate1 or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate4 ,for purposes of this subparagraph1 the term immediate family has the meaning given such term in section #ijjd7;e7 of the ,internal ,revenue ,code of #aihf4 7d7 ,use of firewall as safe harbor 7#a7 ,no coordination if firewall applies ,a person shall not be determined to have made a payment in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment1 but only if the firewall or similar procedures meet the requirements of paragraph 7#b74 7#b7 ,requirements described ,the requirements described in this paragraph with respect to a firewall or similar procedure are as follows3 7,a7 ,the firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing1 or who previously provided1 services to a candidate who is clearly identified in the communication or an authorized committee of the candidate1 the candidate's opponent or an authorized committee of the candidate's opponent1 or a committee of a political party4 7,b7 ,the firewall or procedure must be described in a written policy that is distributed1 signed1 and dated by all relevant employees1 consultants1 and clients subject to the policy4 7,c7 ,the policy must be preserved and retained by the person for at least #e years following any termination or cessation of representation by employees1 consultants1 and clients who are subject to the policy4 7,d7 ,the policy must prohibit any employees1 consultants1 and clients who are subject to the policy from attending meetings1 trainings1 or other discussions where nonpublic plans1 projects1 activities1 or needs of candidates for election for ,federal office or political committees are discussed4 7,e7 ,the policy must prohibit each owner of an organization1 and each executive1 manager1 and supervisor within an organization1 from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure4 7,f7 ,the policy must place restrictions on internal and external communications1 including by establishing separate emailing lists1 for employees1 consultants1 and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure4 7,g7 ,the policy must require the person to establish separate files1 including electronic file folders-- 7i7 for employees1 consultants1 and clients who are subject to the firewall or procedure and to prohibit access to such files by employees1 consultants1 and clients who are not subject to the firewall or procedure2 and 7ii7 for employees1 consultants1 and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees1 consultants1 and clients who are subject to the firewall or procedure4 7,h7 ,the person must conduct a training on the applicable requirements and obligations of this ,act and the policy for all employees1 consultants1 and clients4 7#c7 ,exception if information is shared regardless of firewall ,a person who established and used a firewall or similar procedure which meets the requirements of paragraph 7#b7 shall be determined to have made a payment in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee in accordance with this section if specific information indicates that1 notwithstanding the establishment and use of the firewall or similar procedure1 information about the candidate's or committee's campaign plans1 projects1 activities1 or needs that is material to the creation1 production1 or distribution of the covered communication was used or conveyed to the person paying for the communication4 7#d7 ,use as defense to enforcement action ,if1 in a procedure or action brought by the ,commission under section #cji1 a person who is alleged to have committed a violation of this ,act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense1 the person shall provide the ,commission with-- 7,a7 a copy of the signed and dated firewall or procedure policy which applied to the person's employees1 consultants1 or clients whose conduct is at issue in the procedure or action2 and 7,b7 a sworn1 written affidavit of the employees1 consultants1 or clients who were subject to the policy that the terms1 conditions1 and requirements of the policy were met4 7e7 ,covered communication defined 7#a7 ,in general ,for purposes of this section1 the term covered communication means1 with respect to a candidate or an authorized committee of a candidate1 a public communication 7as defined in section #cja7bb77 which-- 7,a7 expressly advocates the election of the candidate or the defeat of an opponent of the candidate 7or contains the functional equivalent of express advocacy72 7,b7 promotes or supports the election of the candidate1 or attacks or opposes the election of an opponent of the candidate 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7,c7 refers to the candidate or an opponent of the candidate but is not described in subparagraph 7,a7 or subparagraph 7,b71 but only if the communication is disseminated during the applicable election period4 7#b7 ,applicable election period ,in paragraph 7#a77;,c71 the applicable election period with respect to a communication means-- 7,a7 in the case of a communication which refers to a candidate in a general1 special1 or runoff election1 the #abj-;day period which ends on the date of the election2 or 7,b7 in the case of a communication which refers to a candidate in a primary or preference election1 or convention or caucus of a political party that has authority to nominate a candidate1 the #fj-;day period which ends on the date of the election or convention or caucus4 7#c7 ,special rules for communications involving congressional candidates ,for purposes of this subsection1 a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of ,president or ,vice ,president unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking4 7f7 ,penalty 7#a7 ,determination of amount ,any person who knowingly and willfully commits a violation of this ,act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- 7,a7 in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this ,act1 #cjj percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit2 or 7,b7 in the case of a person who is prohibited under this ,act from making a contribution in any amount1 #cjj percent of the amount of the payment made by the person for the coordinated expenditure4 7#b7 ,joint and several liability ,any director1 manager1 or officer of a person who is subject to a penalty under paragraph 7#a7 shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the #a-year period which begins on the date the ,commission imposes the penalty or the #a-year period which begins on the date of the final judgment following any judicial review of the ,commission's action1 whichever is later4 4 7c7 ,effective date 7#a7 ,repeal of existing regulations on coordination ,effective upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act-- 7,a7 the regulations on coordinated communications adopted by the ,federal ,election ,commission which are in effect on the date of the enactment of this ,act 7as set forth under the heading ,coordination in subpart ,c of part #aji of title #aa1 ,code of ,federal ,regulations7 are repealed2 and 7,b7 the ,federal ,election ,commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this ,act4 7#b7 ,effective date ,the amendments made by this section shall apply with respect to payments made on or after the expiration of the #abj-;day period which begins on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations in accordance with paragraph 7#a77;,b7 as of the expiration of such period4 ,b ,restoring ,integrity to ,america's ,elections #gaja4 ,short title ,this subtitle may be cited as the ,restoring ,integrity to ,america's ,elections ,act4 #gajb4 ,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 make a determination as to whether or not there is 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 promptly submit such determination to the ,commission1 and shall include with the determination 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 determination under subparagraph 7,a71 the general counsel shall simultaneously notify the respondent of such determination 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 ,upon the expiration of the #cj-;day period which begins on the date the general counsel submits the determination to the ,commission under subparagraph 7,a7 7or1 if the respondent submits a brief under subparagraph 7,b71 upon the expiration of the #cj-;day period which begins on the date the general counsel submits the respondent's brief to the ,commission under such subparagraph71 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 there is 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 or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence1 for purposes of this subsection1 the ,commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation4 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 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 act on such complaint1 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 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 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate new regulations on the enforcement process under section #cji of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7 to take into account the amendments made by this section4 #gajc4 ,official exercising the responsibilities of the general counsel ,section #cjf7;f77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;f77#a77 is amended by adding at the end the following new sentence3 ,in the event of a vacancy in the position of the ,general ,counsel1 the most senior attorney employed within the ,office of the ,general ,counsel at the time the vacancy arises shall exercise all the responsibilities of the ,general ,counsel until the vacancy is filled44 #gajd4 ,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 #gaje4 ,permanent extension of administrative penalty authority ,section #cji7;a77#d77;,c77v7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77v77 is amended by striking 1 and that end on or before ,december #ca1 #bjbc4 #gajf4 ,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 #gajg4 ,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 paragraph 7#a7 shall apply with respect to actions instituted before1 on1 or after the date of the enactment of this ,act4 #gajh4 ,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 #gaji4 ,extension of the statutes of limitations for offenses under the ,federal ,election ,campaign ,act of #aiga 7a7 ,civil offenses ,section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77 is amended by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 ,no person shall be subject to a civil penalty under this subsection with respect to a violation of this ,act unless a complaint is filed with the ,commission with respect to the violation under paragraph 7#a71 or the ,commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph 7#b71 not later than #aj years after the date on which the violation occurred4 4 7b7 ,criminal offenses ,section #djf7;a7 of such ,act 7#eb ,u4,s4,c4 #cjade7;a77 is amended by striking #e years and inserting #aj years4 7c7 ,effective date ,the amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this ,act4 #gaaj4 ,effective date2 transition 7a7 ,in ,general ,except as otherwise provided1 this subtitle and the amendments made by this subtitle shall take effect and apply on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle4 7b7 ,transition 7#a7 ,no effect on existing cases or proceedings ,nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the ,federal ,election ,commission prior to the date of the enactment of this ,act1 including any investigation initiated by the ,commission prior to such date or any proceeding 7including any enforcement action7 pending as of such date4 7#b7 ,treatment of certain complaints ,if1 as of the date of the enactment of this ,act1 the ,general ,counsel of the ,federal ,election ,commission has not made any recommendation to the ,commission under section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7 with respect to a complaint filed prior to the date of the enactment of this ,act1 this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this ,act4 ,c ,imposition of ,fee for ,reports ,filed by ,paper #gbja4 ,imposition of fee for reports filed by paper ,section #cjd7;a77#aa77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;a77#aa77;,a77 is amended-- 7#a7 by striking and at the end of clause 7i72 7#b7 by striking the period at the end of clause 7ii7 and inserting 2 and2 and 7#c7 by adding at the end the following new clause3 7iii7 shall be assessed a #bj4jj filing fee for any designation1 statement1 or report under this ,act filed by paper1 with the fees received by the ,commission under this clause deposited into the general fund of the ,treasury for the purposes of deficit reduction4 4 ,,viii ,citizen ,empowerment ,a ,funding to ,promote ,democracy #a ,payments and ,allocations to ,states #hjja4 ,democracy ,advancement and ,innovation ,program 7a7 ,establishment ,there is established a program to be known as the ,democracy ,advancement and ,innovation ,program under which the ,director of the ,office of ,democracy ,advancement and ,innovation shall make allocations to each ,state for each fiscal year to carry out democracy promotion activities described in subsection 7b74 7b7 ,democracy promotion activities described ,the democracy promotion activities described in this subsection are as follows3 7#a7 ,activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for ,federal office and to secure the infrastructure used in the administration of such elections1 including making upgrades to voting equipment and voter registration systems1 securing voting locations1 expanding polling places and the availability of early and mail voting1 recruiting and training nonpartisan election officials1 and promoting cybersecurity4 7#b7 ,activities to ensure equitable access to democracy1 including the following3 7,a7 ,enabling candidates who seek office in the ,state to receive payments as participating candidates under title ,v of the ,federal ,election ,campaign ,act of #aiga 7as added by subtitle ,b71 but only if the ,state will enable candidates to receive such payments during an entire election cycle4 7,b7 ,operating a ,democracy ,credit ,program under part #a of subtitle ,b1 but only if the ,state will operate the program during an entire election cycle4 7,c7 ,other activities to ensure equitable access to democracy1 including administering a ranked-choice voting system and carrying out ,congressional redistricting through independent commissions4 7#c7 ,activities to increase access to voting in elections for ,federal office by underserved communities1 individuals with disabilities1 racial and language minority groups1 individuals entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act1 and voters residing in ,indian lands4 7c7 ,permitting ,states to retain and reserve allocations for future use ,a ,state may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year4 7d7 ,requiring submission and approval of ,state plan 7#a7 ,in general ,a ,state shall receive an allocation under the ,program for a fiscal year if-- 7,a7 not later than #ij days before the first day of the fiscal year1 the chief ,state election official of the ,state submits to the ,director the ,state plan described in section #hjjb2 and 7,b7 not later than #de days before the first day of the fiscal year1 the ,director1 in consultation with the ,election ,assistance ,commission and the ,federal ,election ,commission as described in paragraph 7#c71 determines that the ,state plan will enable the ,state to carry out democracy promotion activities and approves the plan4 7#b7 ,submission and approval of revised plan ,if the ,director does not approve the ,state plan as submitted by the ,state under paragraph 7#a7 with respect to a fiscal year1 the ,state shall receive a payment under the ,program for the fiscal year if1 at any time prior to the end of the fiscal year-- 7,a7 the chief ,state election official of the ,state submits a revised version of the ,state plan2 and 7,b7 the ,director1 in consultation with the ,election ,assistance ,commission and the ,federal ,election ,commission as described in paragraph 7#c71 determines that the revised version of the ,state plan will enable the ,state to carry out democracy promotion activities and approves the plan4 7#c7 ,election ,assistance ,commission and ,federal ,election ,commission consultation ,with respect to a ,state plan submitted under paragraph 7#a7 or a revised plan submitted under paragraph 7#b7-- 7,a7 the ,director shall1 prior to making a determination on approval of the plan1 consult with the ,election ,assistance ,commission with respect to the proposed ,state activities described in subsection 7b77#a7 and with the ,federal ,election ,commission with respect to the proposed ,state activities described in subsection 7b77#b77;,a7 and 7b77#b77;,b72 and 7,b7 the ,election ,assistance ,commission and the ,federal ,election ,commission shall submit to the ,director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this ,act4 7#d7 ,consultation with legislature ,the chief ,state election official of the ,state shall develop the ,state plan submitted under paragraph 7#a7 and the revised plan submitted under paragraph 7#b7 in consultation with the majority party and minority party leaders of each house of the ,state legislature4 7e7 ,state report on use of allocations ,not later than #ij days after the last day of a fiscal year for which an allocation was made to the ,state under the ,program1 the chief ,state election official of the ,state shall submit a report to the ,director describing how the ,state used the allocation1 including a description of the democracy promotion activities the ,state carried out with the allocation4 7f7 ,public availability of information 7#a7 ,publicly available website ,the ,director shall make available on a publicly accessible website the following3 7,a7 ,state plans submitted under paragraph 7#a7 of subsection 7d7 and revised plans submitted under paragraph 7#b7 of subsection 7d74 7,b7 ,the ,director's notifications of determinations with respect to such plans under subsection 7d74 7,c7 ,reports submitted by ,states under subsection 7e74 7#b7 ,redaction ,the ,director may redact information required to be made available under paragraph 7#a7 if the information would be properly withheld from disclosure under section #eeb of title #e1 ,united ,states ,code1 or if the public disclosure of the information is otherwise prohibited by law4 7g7 ,effective date ,this section shall apply with respect to fiscal year #bjbc and each succeeding fiscal year4 #hjjb4 ,state plan 7a7 ,contents ,a ,state plan under this section with respect to a ,state is a plan containing each of the following3 7#a7 ,a description of the democracy promotion activities the ,state will carry out with the payment made under the ,program4 7#b7 ,a statement of whether or not the ,state intends to retain and reserve the payment for future democracy promotion activities4 7#c7 ,a description of how the ,state intends to allocate funds to carry out the proposed activities1 which shall include the amount the ,state intends to allocate to each such activity1 including 7if applicable7 a specific allocation for-- 7,a7 activities described in subsection #hjja7;b77#a7 7relating to election administration72 7,b7 activities described in section #hjja7;b77#b77;,a7 7relating to payments to participating candidates in the ,state under title ,v of the ,federal ,election ,campaign ,act of #aiga71 together with the information required under subsection 7c72 7,c7 activities described in section #hjja7;b77#b77;,b7 7relating to the operation of a ,democracy ,credit ,program under part #a of subtitle ,b72 7,d7 activities described in section #hjja7;b77#b77;,c7 7relating to other activities to ensure equitable access to democracy2 and 7,e7 activities described in section #hjja7;b77#c7 7relating to activities to increase access to voting in elections for ,federal office by certain communities74 7#d7 ,a description of how the ,state will establish the fund described in subsection 7b7 for purposes of administering the democracy promotion activities which the ,state will carry out with the payment1 including information on fund management4 7#e7 ,a description of the ,state-based administrative complaint procedures established for purposes of section #hjjc7;b74 7#f7 ,a statement regarding whether the proposed activities to be funded are permitted under ,state law1 or whether the official intends to seek legal authorization for such activities4 7b7 ,requirements for fund 7#a7 ,fund described ,for purposes of subsection 7a77#d71 a fund described in this subsection with respect to a ,state is a fund which is established in the treasury of the ,state government1 which is used in accordance with paragraph 7#b71 and which consists of the following amounts3 7,a7 ,amounts appropriated or otherwise made available by the ,state for carrying out the democracy promotion activities for which the payment is made to the ,state under the ,program4 7,b7 ,the payment made to the ,state under the ,program4 7,c7 ,such other amounts as may be appropriated under law4 7,d7 ,interest earned on deposits of the fund4 7#b7 ,use of fund ,amounts in the fund shall be used by the ,state exclusively to carry out democracy promotion activities for which the payment is made to the ,state under the ,program4 7#c7 ,treatment of ,states that require changes to state law ,in the case of a ,state that requires ,state legislation to establish the fund described in this subsection1 the ,director shall defer disbursement of the payment to such ,state under the ,program until such time as legislation establishing the fund is enacted4 7c7 ,specific information on use of funds to enable candidates to participate in matching funds program ,if the ,state plan under this section includes an allocation for activities described in section #hjja7;b77#b77;,a7 7relating to payments to participating candidates in the ,state under title ,v of the ,federal ,election ,campaign ,act of #aiga71 the ,state shall include in the plan specific information on how the amount of the allocation will enable the ,state to provide for the viable participation of candidates in the ,state under such title1 including the assumptions made by the ,state in determining the amount of the allocation4 #hjjc4 ,prohibiting reduction in access to participation in elections 7a7 ,prohibiting use of payments ,a ,state may not use a payment made under the ,program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the ,united ,states to participate in the electoral process4 7b7 ,state-based administrative complaint procedures 7#a7 ,establishment ,a ,state receiving a payment under the ,program shall establish uniform and nondiscriminatory ,state-based administrative complaint procedures under which any person who believes that a violation of subsection 7a7 has occurred1 is occurring1 or is about to occur may file a complaint4 7#b7 ,notification to ,director ,the ,state shall transmit to the ,director a description of each complaint filed under the procedures1 together with-- 7,a7 if the ,state provides a remedy with respect to the complaint1 a description of the remedy2 or 7,b7 if the ,state dismisses the complaint1 a statement of the reasons for the dismissal4 7#c7 ,review by ,director 7,a7 ,request for review ,any person who is dissatisfied with the final decision under a ,state-based administrative complaint procedure under this subsection may1 not later than #fj days after the decision is made1 file a request with the ,director to review the decision4 7,b7 ,action by ,director ,upon receiving a request under subparagraph 7,a71 the ,director shall review the decision and1 in accordance with such procedures as the ,director may establish1 including procedures to provide notice and an opportunity for a hearing1 may uphold the decision or reverse the decision and provide an appropriate remedy4 7,c7 ,public availability of material ,the ,director shall make available on a publicly accessible website all material relating to a request for review and determination by the ,director under this paragraph1 shall be made available on a publicly accessible website1 except that the ,director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section #eeb of title #e1 ,united ,states ,code1 or if the public disclosure of the material is otherwise prohibited by law4 7#d7 ,right to petition for review 7,a7 ,in general ,any person aggrieved by an action of the ,director under subparagraph 7,b7 of paragraph 7#c7 may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,deadline to file petition ,any petition under this subparagraph shall be filed not later than #fj days after the date of the action taken by the ,director under subparagraph 7,b7 of paragraph 7#c74 7,c7 ,standard of review ,in any proceeding under this paragraph1 the court shall determine whether the action of the ,director was arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law under section #gjf of title #e1 ,united ,states ,code1 and may direct the ,office to conform with any such determination within #cj days4 7c7 ,action by ,attorney ,general for declaratory and injunctive relief ,the ,attorney ,general may bring a civil action against any ,state in an appropriate ,united ,states ,district ,court for such declaratory and injunctive relief 7including a temporary restraining order1 a permanent or temporary injunction1 or other order7 as may be necessary to enforce subsection 7a74 #hjjd4 ,amount of ,state allocation 7a7 ,state-specific amount ,the amount of the allocation made to a ,state under the ,program for a fiscal year shall be equal to the product of-- 7#a7 the ,congressional district allocation amount 7determined under subsection 7b772 and 7#b7 the number of ,congressional districts in the ,state for the next regularly scheduled general election for ,federal office held in the ,state4 7b7 ,congressional district allocation amount ,for purposes of subsection 7a71 the ,congressional district allocation amount with respect to a fiscal year is equal to the quotient of-- 7#a7 the aggregate amount available for allocations to ,states under the ,program for the fiscal year1 as determined by the ,director under subsection 7c72 divided by 7#b7 the total number of ,congressional districts in all ,states4 7c7 ,determination of aggregate amount available for allocations2 notification to ,states ,not later than #abj days before the first day of each fiscal year1 the ,director-- 7#a7 shall1 in accordance with section #hjab1 determine and establish the aggregate amount available for allocations to ,states under the ,program for the fiscal year2 and 7#b7 shall notify each ,state of the amount of the ,state's allocation under the ,program for the fiscal year4 7d7 ,source of payments ,the amounts used to make allocations and payments under the ,program shall be derived solely from the ,trust ,fund4 #hjje4 ,procedures for disbursements of payments and allocations 7a7 ,direct payments to ,states for certain activities under ,state plan 7#a7 ,direct payment ,if the approved ,state plan of a ,state includes activities for which allocations are not made under subsections 7b71 7c71 or 7d71 upon approving the ,state plan under section #hjjb1 the ,director shall direct the ,secretary of the ,treasury to disburse amounts from the ,trust ,fund for payment to the ,state in the aggregate amount provided under the plan for such activities4 7#b7 ,timing ,as soon as practicable after the ,director directs the ,secretary of the ,treasury to disburse amounts for payment to a ,state under paragraph 7#a71 the ,secretary of the ,treasury shall make the payment to the ,state under such paragraph4 7#c7 ,continuing availability of funds after appropriation ,a payment made to a ,state under this subsection shall be available without fiscal year limitation4 7b7 ,allocation to ,election ,assistance ,commission for payments to ,states for certain election administration activities 7#a7 ,allocation ,if the approved ,state plan of a ,state includes activities described in section #hjja7;b77#a71 upon approving the ,state plan under section #hjjb1 the ,director shall direct the ,secretary of the ,treasury to allocate to the ,election ,assistance ,commission the amount provided for such activities under the plan4 7#b7 ,payment to ,state ,as soon as practicable after receiving an allocation under paragraph 7#a7 with respect to a ,state1 the ,election ,assistance ,commission shall make a payment to the ,state in the amount of the ,state's allocation4 7#c7 ,continuing availability of funds after appropriation ,a payment made to a ,state by the ,election ,assistance ,commission under this subsection shall be available without fiscal year limitation4 7c7 ,allocation to ,federal ,election ,commission for payments to participating candidates from ,state ,if the approved ,state plan of a ,state includes activities described in section #hjja7;b77#b77;,a71 relating to payments to participating candidates in the ,state under title ,v of the ,federal ,election ,campaign ,act of #aiga1 upon approving the ,state plan under section #hjjb1 the ,director shall direct the ,secretary of the ,treasury to allocate to the ,federal ,election ,commission the amount provided for such activities under the plan4 7d7 ,allocation to ,federal ,election ,commission for payments for ,democracy ,credit ,program ,if the approved ,state plan of a ,state includes activities described in section #hjja7;b77#b77;,b71 relating to payments to the ,state for the operation of a ,democracy ,credit ,program under part #a of subtitle ,b1 upon approving the ,state plan under section #hjjb1 the ,director shall direct the ,secretary of the ,treasury to allocate to the ,federal ,election ,commission the amount provided for such activities under the plan4 7e7 ,certain payments made directly to local election administrators ,under rules established by the ,director not later than #bgj days after the date of the enactment of this ,act1 portions of amounts disbursed to ,states by the ,secretary of the ,treasury under subsection 7a7 and payments made to ,states by the ,election ,assistance ,commission under subsection 7b7 may be provided directly to local election administrators carrying out activities in the ,state plan which may be carried out with such amounts and payments4 #hjjf4 ,office of ,democracy ,advancement and ,innovation 7a7 ,establishment ,there is established as an independent establishment in the executive branch the ,office of ,democracy ,advancement and ,innovation4 7b7 ,director 7#a7 ,in general ,the ,office shall be headed by a ,director1 who shall be appointed by the ,president with the advice and consent of the ,senate4 7#b7 ,term of service ,the ,director shall serve for a term of #f years and may be reappointed to an additional term1 and may continue serving as ,director until a replacement is appointed4 ,a vacancy in the position of ,director shall be filled in the same manner as the original appointment4 7#c7 ,compensation ,the ,director shall be paid at an annual rate of pay equal to the annual rate in effect for level ,,ii of the ,executive ,schedule4 7#d7 ,removal ,the ,director may be removed from office by the ,president4 ,if the ,president removes the ,director1 the ,president shall communicate in writing the reasons for the removal to both ,houses of ,congress not later than #cj days beforehand4 ,nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law4 7c7 ,general counsel and other staff 7#a7 ,general counsel ,the ,director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level ,,iii of the ,executive ,schedule4 ,in the event of a vacancy in the position of the ,director1 the ,general ,counsel shall exercise all the responsibilities of the ,director until such vacancy is filled4 7#b7 ,senior staff ,the ,director may appoint and fix the pay of staff designated as ,senior staff1 such as a ,deputy ,director1 who may be paid at an annual rate of pay equal to the annual rate in effect for level ,,iv of the ,executive ,schedule4 7#c7 ,other staff ,in addition to the ,general ,counsel and ,senior staff1 the ,director may appoint and fix the pay of such other staff as the ,director considers necessary to carry out the duties of the ,office1 except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade ,,gs-#ae of the ,general ,schedule4 7d7 ,duties ,the duties of the ,office are as follows3 7#a7 ,administration of ,program ,the ,director shall administer the ,program1 in consultation with the ,election ,assistance ,commission and the ,federal ,election ,commission1 including by holding quarterly meetings of representatives from such ,commissions4 7#b7 ,oversight of ,trust ,fund ,the ,director shall oversee the operation of the ,trust ,fund and monitor its balances1 in consultation with the ,secretary of the ,treasury4 ,the ,director may hold funds in reserve to cover the expenses of the ,office and to preserve the solvency of the ,trust ,fund4 7#c7 ,reports ,not later than #ahj days after the date of the regularly scheduled general election for ,federal office held in #bjbd and each succeeding regularly scheduled general election for ,federal office thereafter1 the ,director shall submit to the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,rules and ,administration of the ,senate a report on the activities carried out under the ,program and the amounts deposited into and paid from the ,trust ,fund during the two most recent fiscal years4 7e7 ,coverage under ,inspector ,general ,act of #aigh for conducting audits and investigations 7#a7 ,in general ,section #h;,g7a77#b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by inserting the ,office of ,democracy ,advancement and ,innovation1 after ,election ,assistance ,commission14 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect #ahj days after the appointment of the ,director4 7f7 ,coverage under ,hatch ,act ,clause 7i7 of section #gcbc7;b77#b77;,b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking or at the end of subclause 7,,xiii72 and 7#b7 by adding at the end the following new subclause3 7,,xv7 the ,office of ,democracy ,advancement and ,innovation2 or 4 7g7 ,regulations 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #bgj days after the date of enactment of this ,act1 the ,director shall promulgate such rules and regulations as the ,director considers necessary and appropriate to carry out the duties of the ,office under this ,act and the amendments made by this ,act4 7#b7 ,state plan submission and approval and distribution of funds ,not later than #ij days after the date of the enactment of this ,act1 the ,director shall promulgate such rules and regulations as the ,director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part4 7#c7 ,comments by the ,election ,assistance ,commission and the ,federal ,election ,commission ,the ,election ,assistance ,commission and the ,federal ,election ,assistance shall timely submit comments with respect to any proposed regulations promulgated by the ,director under this subsection4 7h7 ,interim authority pending appointment and confirmation of ,director 7#a7 ,authority of ,director of ,office of ,management and ,budget ,notwithstanding subsection 7b71 during the transition period1 the ,director of the ,office of ,management and ,budget is authorized to perform the functions of the ,office under this title1 and shall act for all purposes as1 and with the full powers of1 the ,director4 7#b7 ,interim administrative services 7,a7 ,authority of ,office of ,management and ,budget ,during the transition period1 the ,director of the ,office of ,management and ,budget may provide administrative services necessary to support the ,office4 7,b7 ,termination of authority2 permitting extension ,the ,director of the ,office of ,management and ,budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period1 except that the ,director of the ,office of ,management and ,budget may continue to provide such services after the expiration of the transition period if the ,director and the ,director of the ,office of ,management and ,budget jointly transmit to the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,rules and ,administration of the ,senate-- 7i7 a written determination that an orderly implementation of this title is not feasible by the expiration of the transition period2 7ii7 an explanation of why an extension is necessary for the orderly implementation of this title2 7iii7 a description of the period during which the ,director of the ,office of ,management and ,budget shall continue providing services under the authority of this subparagraph2 and 7iv7 a description of the steps that will be taken to ensure an orderly and timely implementation of this title during the period described in clause 7iii74 7#c7 ,transition period defined ,in this subsection1 the transition period is the period which begins on the effective date of this ,act and ends on the date on which the ,director is appointed and confirmed4 7#d7 ,limit on length of period of interim authorities ,notwithstanding any other provision of this subsection1 the ,director of the ,office of ,management and ,budget may not exercise any authority under this subsection after the expiration of the #bd-month period which begins on the effective date of this ,act4 7i7 ,authorization of appropriations ,there are authorized to be appropriated from the ,trust ,fund such sums as may be necessary to carry out the activities of the ,office for fiscal year #bjbc and each succeeding fiscal year4 #b ,state ,election ,assistance and ,innovation ,trust ,fund #hjaa4 ,state ,election ,assistance and ,innovation ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury a fund to be known as the ,state ,election ,assistance and ,innovation ,trust ,fund4 7b7 ,contents ,the ,trust ,fund shall consist solely of-- 7#a7 amounts transferred under section #cjae of title #ah1 ,united ,states ,code1 section #igjf of title #ca1 ,united ,states ,code1 and section #fgfa of the ,internal ,revenue ,code of #aihf 7as added by section #hjac72 and 7#b7 gifts or bequests deposited pursuant to subsection 7d74 7c7 ,use of funds ,amounts in the ,trust ,fund shall be used to make payments and allocations under the ,program 7as described in section #hjab7;a77 and to carry out the activities of the ,office4 7d7 ,acceptance of gifts ,the ,office may accept gifts or bequests for deposit into the ,trust ,fund4 7e7 ,no taxpayer funds permitted ,no taxpayer funds may be deposited into the ,trust ,fund4 ,for purposes of this subsection1 the term taxpayer funds means revenues received by the ,internal ,revenue ,service from tax liabilities4 7f7 ,effective date ,this section shall take effect on the date of the enactment of this subtitle4 #hjab4 ,uses of ,fund 7a7 ,payments and allocations described ,for each fiscal year1 amounts in the ,fund shall be used as follows3 7#a7 ,payments to ,states under the ,program1 as described in section #hjje7;a74 7#b7 ,allocations to the ,election ,assistance ,commission1 to be used for payments for certain election administration activities1 as described in section #hjje7;b74 7#c7 ,allocations to the ,federal ,election ,commission1 to be used for payments to participating candidates under title ,v of the ,federal ,election ,campaign ,act of #aiga1 as described in section #hjje7;c74 7#d7 ,allocations to the ,federal ,election ,commission1 to be used for payments to ,states operating a ,democracy ,credit ,program under part #a of subtitle ,b1 as described in section #hjje7;d74 7b7 ,determination of aggregate amount of ,state allocations ,the ,director shall determine and establish the aggregate amount of ,state allocations for each fiscal year1 taking into account the anticipated balances of the ,trust ,fund4 ,in carrying out this subsection1 the ,director shall consult with the ,federal ,election ,commission and the ,election ,assistance ,commission1 but shall be solely responsible for making the final determinations under this subsection4 #hjac4 ,assessments against fines and penalties 7a7 ,assessments relating to criminal offenses 7#a7 ,in general ,chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cjae4 ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund 7a7 ,assessments 7#a7 ,convictions of crimes ,in addition to any assessment imposed under this chapter1 the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under ,federal law an amount equal to #d4ge percent of any fine imposed on that defendant in the sentence imposed for that conviction4 7#b7 ,settlements ,the court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the ,united ,states in satisfaction of any allegation that the defendant committed a criminal offense under ,federal law an amount equal to #d4ge percent of the amount of the settlement4 7b7 ,manner of collection ,an amount assessed under subsection 7a7 shall be collected in the manner in which fines are collected in criminal cases4 7c7 ,transfers ,in a manner consistent with section #ccjb7;b7 of title #ca1 there shall be transferred from the ,general ,fund of the ,treasury to the ,state ,election ,assistance and ,innovation ,trust ,fund under section #hjaa of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act an amount equal to the amount of the assessments collected under this section4 4 7#b7 ,clerical amendment ,the table of sections of chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cjae4 ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund4 4 7b7 ,assessments relating to civil penalties 7#a7 ,in general ,chapter #ig of title #ca1 ,united ,states ,code1 is amended by adding at the end the following new section3 #igjf4 ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund 7a7 ,assessments 7#a7 ,civil penalties ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to impose a civil penalty shall assess on each person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 on whom such a penalty is imposed an amount equal to #d4ge percent of the amount of the penalty4 7#b7 ,administrative penalties ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to impose an administrative penalty shall assess on each person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 on whom such a penalty is imposed an amount equal to #d4ge percent of the amount of the penalty4 7#c7 ,settlements ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to enter into a settlement agreement or consent decree with any person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to #d4ge percent of the amount of the settlement4 7b7 ,manner of collection ,an amount assessed under subsection 7a7 shall be collected-- 7#a7 in the case of an amount assessed under paragraph 7#a7 of such subsection1 in the manner in which civil penalties are collected by the entity of the ,federal ,government involved2 7#b7 in the case of an amount assessed under paragraph 7#b7 of such subsection1 in the manner in which administrative penalties are collected by the entity of the ,federal ,government involved2 and 7#c7 in the case of an amount assessed under paragraph 7#c7 of such subsection1 in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the ,federal ,government involved4 7c7 ,transfers ,in a manner consistent with section #ccjb7;b7 of this title1 there shall be transferred from the ,general ,fund of the ,treasury to the ,state ,election ,assistance and ,innovation ,trust ,fund under section #hjaa of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act an amount equal to the amount of the assessments collected under this section4 7d7 ,exception for penalties and settlements under authority of the ,internal ,revenue ,code of #aihf 7#a7 ,in general ,no assessment shall be made under subsection 7a7 with respect to any civil or administrative penalty imposed1 or any settlement agreement or consent decree entered into1 under the authority of the ,internal ,revenue ,code of #aihf4 7#b7 ,cross reference ,for application of special assessments for the ,state ,election ,assistance and ,innovation ,trust ,fund with respect to certain penalties under the ,internal ,revenue ,code of #aihf1 see section #fgfa of the ,internal ,revenue ,code of #aihf4 4 7#b7 ,clerical amendment ,the table of sections of chapter #ig of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #igjf4 ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund4 4 7c7 ,assessments relating to certain penalties under the ,internal ,revenue ,code of #aihf 7#a7 ,in general ,chapter #fh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subchapter3 ,d ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund #fgfa4 ,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund 7a7 ,in general ,each person required to pay a covered penalty shall pay an additional amount equal to #d4ge percent of the amount of such penalty4 7b7 ,covered penalty ,for purposes of this section1 the term covered penalty means any addition to tax1 additional amount1 penalty1 or other liability provided under subchapter ,a or ,b4 7c7 ,exception for certain individuals 7#a7 ,in general ,in the case of a taxpayer who is an individual1 subsection 7a7 shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed4 7#b7 ,exempt taxpayer ,for purposes of this subsection1 a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section #a with respect to such taxpayer for such taxable year4 7d7 ,application of certain rules ,except as provided in subsection 7e71 the additional amount determined under subsection 7a7 shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates4 7e7 ,transfer to ,state ,election ,administration and ,innovation ,trust ,fund ,the ,secretary shall deposit any additional amount under subsection 7a7 in the ,general ,fund of the ,treasury and shall transfer from such ,general ,fund to the ,state ,election ,assistance and ,innovation ,trust ,fund under section #hjaa of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act an amount equal to the amounts so deposited 7and1 notwithstanding subsection 7d71 such additional amount shall not be the basis for any deposit1 transfer1 credit1 appropriation1 or any other payment1 to any other trust fund or account74 ,rules similar to the rules of section #ifja shall apply for purposes of this subsection4 4 7#b7 ,clerical amendment ,the table of subchapters for chapter #fh of such ,code is amended by adding at the end the following new item3 ,subchapter ,d--,special assessments for ,state ,election ,assistance and ,innovation ,trust ,fund 4 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply with respect to convictions1 agreements1 and penalties which occur on or after the date of the enactment of this ,act4 7#b7 ,assessments relating to certain penalties under the ,internal ,revenue ,code of #aihf ,the amendments made by subsection 7c7 shall apply to covered penalties assessed after the date of the enactment of this ,act4 #c ,general ,provisions #hjba4 ,definitions ,in this subtitle1 the following definitions apply3 7#a7 ,the term chief ,state election official has the meaning given such term in section #bec7;e7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajjc7;e774 7#b7 ,the term ,director means the ,director of the ,office4 7#c7 ,the term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for ,federal office and ending on the date of the next regularly scheduled general election for ,federal office4 7#d7 ,the term ,indian lands includes-- 7,a7 ,indian country1 as defined under section #aaea of title #ah1 ,united ,states ,code2 7,b7 any land in ,alaska owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 by an ,indian ,tribe that is a ,native village 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb77 or by a ,village ,corporation that is associated with an ,indian ,tribe 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb772 7,c7 any land on which the seat of the ,tribal government is located2 and 7,d7 any land that is part or all of a ,tribal designated statistical area associated with an ,indian ,tribe1 or is part or all of an ,alaska ,native village statistical area associated with an ,indian ,tribe1 as defined by the ,census ,bureau for the purposes of the most recent decennial census4 7#e7 ,the term ,office means the ,office of ,democracy ,advancement and ,innovation established under section #hjje4 7#f7 ,the term ,program means the ,democracy ,advancement and ,innovation ,program established under section #hjja4 7#g7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#h7 ,the term ,trust ,fund means the ,state ,election ,assistance and ,innovation ,trust ,fund established under section #hjaa4 #hjbb4 ,rule of construction regarding calculation of deadlines 7a7 ,in general ,with respect to the calculation of any period of time for the purposes of a deadline in this subtitle1 the last day of the period shall be included in such calculation1 unless such day is a ,saturday1 a ,sunday1 or a legal public holiday1 in which case the period of such deadline shall be extended until the end of the next day which is not a ,saturday1 a ,sunday1 a legal public holiday4 7b7 ,legal public holiday defined ,for the purposes of this section1 the term legal public holiday means a day described in section #fajc7;a7 of title #e1 ,united ,states ,code4 ,b ,elections for ,house of ,representatives #haja4 ,short title ,this subtitle may be cited as the ,government ,by the ,people ,act of #bjba4 #a ,optional ,democracy ,credit ,program #hajb4 ,establishment of program 7a7 ,establishment ,the ,federal ,election ,commission 7hereafter in this part referred to as the ,commission7 shall establish a program under which the ,commission shall make payments to ,states to operate a credit program which is described in section #hajc during an election cycle4 7b7 ,requirements for program ,a ,state is eligible to operate a credit program under this part with respect to an election cycle if1 not later than #abj days before the cycle begins1 the ,state submits to the ,commission a statement containing-- 7#a7 information and assurances that the ,state will operate a credit program which contains the elements described in section #hajc7;a72 7#b7 information and assurances that the ,state will establish fraud prevention mechanisms described in section #hajc7;b72 7#c7 information and assurances that the ,state will establish a commission to oversee and implement the program as described in section #hajc7;c72 7#d7 information and assurances that the ,state will carry out a public information campaign as described in section #hajc7;d72 7#e7 information and assurances that the ,state will submit reports as required under section #hajd2 7#f7 information and assurances that1 not later than #fj days before the beginning of the cycle1 the ,state will complete any actions necessary to operate the program during the cycle2 and 7#g7 such other information and assurances as the ,commission may require4 7c7 ,reimbursement of ,costs 7#a7 ,reimbursement ,upon receiving the report submitted by a ,state under section #hajd7;a7 with respect to an election cycle1 the ,commission shall transmit a payment to the ,state in an amount equal to the reasonable costs incurred by the ,state in operating the credit program under this part during the cycle4 7#b7 ,source of funds ,payments to a ,state under the program shall be made using amounts allocated to the ,commission for purposes of making payments under this part with respect to the ,state from the ,state ,election ,assistance and ,innovation ,trust ,fund 7hereafter referred to as the ,fund7 under section #hjab1 in the amount allocated with respect to the ,state under section #hjje7;d74 7#c7 ,cap on amount of payment ,the aggregate amount of payments made to any ,state with respect to two consecutive election cycles period may not exceed #aj1jjj1jjj4 ,if the ,state determines that the maximum payment amount under this paragraph with respect to such cycles is not1 or may not be1 sufficient to cover the reasonable costs incurred by the ,state in operating the program under this part for such cycles1 the ,state shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the ,state in operating the program will not exceed the amount paid to the ,state with respect to such cycles4 7d7 ,continuing availability of funds after appropriation ,a payment made to a ,state under this part shall be available without fiscal year limitation4 #hajc4 ,credit program described 7a7 ,general elements of program 7#a7 ,elements described ,the elements of a credit program operated by a ,state under this part are as follows3 7,a7 ,the ,state shall provide each qualified individual upon the individual's request with a credit worth #be to be known as a ,democracy ,credit during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form4 7,b7 ,using the routing number assigned to the ,democracy ,credit1 the individual may submit the ,democracy ,credit in either electronic or paper form to qualified candidates for election for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress and allocate such portion of the value of the ,democracy ,credit in increments of #e as the individual may select to any such candidate4 7,c7 ,if the candidate transmits the ,democracy ,credit to the ,commission1 the ,commission shall pay the candidate the portion of the value of the ,democracy ,credit that the individual allocated to the candidate1 which shall be considered a contribution by the individual to the candidate for purposes of the ,federal ,election ,campaign ,act of #aiga4 7#b7 ,designation of qualified individuals ,for purposes of paragraph 7#a77;,a71 a qualified individual with respect to a ,state means an individual-- 7,a7 who is a resident of the ,state2 7,b7 who will be of voting age as of the date of the election for the candidate to whom the individual submits a ,democracy ,credit2 and 7,c7 who is not prohibited under ,federal law from making contributions to candidates for election for ,federal office4 7#c7 ,treatment as contribution to candidate ,for purposes of the ,federal ,election ,campaign ,act of #aiga1 the submission of a ,democracy ,credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the ,credit that the individual allocated to the candidate4 7b7 ,fraud prevention mechanism ,in addition to the elements described in subsection 7a71 a ,state operating a credit program under this part shall permit an individual to revoke a ,democracy ,credit not later than #b days after submitting the ,democracy ,credit to a candidate4 7c7 ,oversight commission ,in addition to the elements described in subsection 7a71 a ,state operating a credit program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the ,state1 except that no such commission or entity may be comprised of elected officials4 7d7 ,public information campaign ,in addition to the elements described in subsection 7a71 a ,state operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals4 7e7 ,no taxpayer funds permitted to carry out program ,no taxpayer funds shall be used to carry out the credit program under this part4 ,for purposes of this subsection1 the term taxpayer funds means revenues received by the ,internal ,revenue ,service from tax liabilities4 #hajd4 ,reports 7a7 ,state reports ,not later than #f months after each first election cycle during which the ,state operates a program under this part1 the ,state shall submit a report to the ,commission and the ,office of ,democracy ,advancement and ,innovation analyzing the operation and effectiveness of the program during the cycle and including such other information as the ,commission may require4 7b7 ,study and report on impact and effectiveness of credit programs 7#a7 ,study ,the ,commission shall conduct a study on the efficacy of political credit programs1 including the program under this part and other similar programs1 in expanding and diversifying the pool of individuals who participate in the electoral process1 including those who participate as donors and those who participate as candidates4 7#b7 ,report ,not later than #a year after the first election cycle for which ,states operate the program under this part1 the ,commission shall publish and submit to ,congress a report on the study conducted under paragraph 7#a74 #haje4 ,election cycle defined ,in this part1 the term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for ,federal office and ending on the date of the next regularly scheduled general election for ,federal office4 #b ,optional ,small ,dollar ,financing of ,elections for ,house of ,representatives #haaa4 ,benefits and eligibility requirements for candidates ,the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following3 ,v ,small ,dollar ,financing of ,elections for ,house of ,representatives ,a ,benefits #eja4 ,benefits for participating candidates 7a7 ,in general ,if a candidate for election to the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress is certified as a participating candidate under this title with respect to an election for such office1 the candidate shall be entitled to payments as provided under this title4 7b7 ,amount of payment ,the amount of a payment made under this title shall be equal to #fjj percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle1 without regard to whether or not the candidate received any of the contributions before1 during1 or after the ,small ,dollar ,democracy qualifying period applicable to the candidate under section #eaa7;c74 7c7 ,limit on aggregate amount of payments ,the aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed #ej percent of the average of the #bj greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress during the most recent election cycle1 rounded to the nearest #ajj1jjj4 7d7 ,no taxpayer funds permitted ,no taxpayer funds shall be used to make payments under this title4 ,for purposes of this subsection1 the term taxpayer funds means revenues received by the ,internal ,revenue ,service from tax liabilities4 #ejb4 ,procedures for making payments 7a7 ,in general ,the ,division ,director shall make a payment under section #eja to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes-- 7#a7 a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle2 7#b7 a statement of the amount of the payment the candidate anticipates receiving with respect to the request2 7#c7 a statement of the total amount of payments the candidate has received under this title as of the date of the statement2 and 7#d7 such other information and assurances as the ,division ,director may require4 7b7 ,restrictions on submission of requests ,a candidate may not submit a request under subsection 7a7 unless each of the following applies3 7#a7 ,the amount of the qualified small dollar contributions in the statement referred to in subsection 7a77#a7 is equal to or greater than #e1jjj1 unless the request is submitted during the #cj-;day period which ends on the date of a general election4 7#b7 ,the candidate did not receive a payment under this title during the #g-;day period which ends on the date the candidate submits the request4 7c7 ,time of payment ,the ,division ,director shall1 in coordination with the ,secretary of the ,treasury1 take such steps as may be necessary to ensure that the ,secretary is able to make payments under this section from the ,treasury not later than #b business days after the receipt of a request submitted under subsection 7a74 #ejc4 ,use of funds 7a7 ,use of funds for authorized campaign expenditures ,a candidate shall use payments made under this title1 including payments provided with respect to a previous election cycle which are withheld from remittance to the ,commission in accordance with section #ebd7;a77#b71 only for making direct payments for the receipt of goods and services which constitute authorized expenditures 7as determined in accordance with title ,,iii7 in connection with the election cycle involved4 7b7 ,prohibiting use of funds for legal expenses1 fines1 or penalties ,notwithstanding title ,,iii1 a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action1 claim1 or other matter before the ,commission or before any court1 hearing officer1 arbitrator1 or other dispute resolution entity1 or for the payment of any fine or civil monetary penalty4 #ejd4 ,qualified small dollar contributions described 7a7 ,in general ,in this title1 the term qualified small dollar contribution means1 with respect to a candidate and the authorized committees of a candidate1 a contribution that meets the following requirements3 7#a7 ,the contribution is in an amount that is-- 7,a7 not less than #a2 and 7,b7 not more than #bjj4 7#b7 7,a7 ,the contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- 7i7 forwarded from the individual making the contribution to the candidate or committee by another person2 or 7ii7 received by the candidate or committee with the knowledge that the contribution was made at the request1 suggestion1 or recommendation of another person4 7,b7 ,in this paragraph-- 7i7 the term person does not include an individual 7other than an individual described in section #cjd7;i77#g7 of the ,federal ,election ,campaign ,act of #aiga71 a political committee of a political party1 or any political committee which is not a separate segregated fund described in section #caf7;b7 of the ,federal ,election ,campaign ,act of #aiga and which does not make contributions or independent expenditures1 does not engage in lobbying activity under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq471 and is not established by1 controlled by1 or affiliated with a registered lobbyist under such ,act1 an agent of a registered lobbyist under such ,act1 or an organization which retains or employs a registered lobbyist under such ,act2 and 7ii7 a contribution is not made at the request1 suggestion1 or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person1 so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual4 7#c7 ,the individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph 7#a77;,b71 or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution4 7b7 ,treatment of democracy credits ,any payment received by a candidate and the authorized committees of a candidate which consists of a ,democracy ,credit under the ,freedom to ,vote3 ,john ,r4 ,lewis ,act shall be considered a qualified small dollar contribution for purposes of this title1 so long as the individual making the payment meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7a74 7c7 ,restriction on subsequent contributions 7#a7 ,prohibiting donor from making subsequent nonqualified contributions during election cycle 7,a7 ,in general ,an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution4 7,b7 ,exception for contributions to candidates who voluntarily withdraw from participation during qualifying period ,subparagraph 7,a7 does not apply with respect to a contribution made to a candidate who1 during the ,small ,dollar ,democracy qualifying period described in section #eaa7;c71 submits a statement to the ,commission under section #eac7;c7 to voluntarily withdraw from participating in the program under this title4 7#b7 ,treatment of subsequent nonqualified contributions ,if1 notwithstanding the prohibition described in paragraph 7#a71 an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph 7#a7 because it is not a qualified small dollar contribution1 the candidate may take one of the following actions3 7,a7 ,not later than #b weeks after receiving the contribution1 the candidate may return the subsequent contribution to the individual4 ,in the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph 7#c7 of subsection 7a7 7relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution71 the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph 7#a77;,b7 of subsection 7a74 7,b7 ,the candidate may retain the subsequent contribution1 so long as not later than #b weeks after receiving the subsequent contribution1 the candidate remits to the ,commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved4 ,such amount shall be used to supplement the allocation made to the ,commission with respect to candidates from the ,state in which the candidate seeks office1 as described in section #eda7;a74 7#c7 ,no effect on ability to make multiple contributions ,nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates1 so long as each contribution meets each of the requirements of paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a74 7d7 ,notification requirements for candidates 7#a7 ,notification ,each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions1 including any internet site through which individuals may make contributions to the committee3 7,a7 ,a statement that if the candidate is certified as a participating candidate under this title1 the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received4 7,b7 ,a statement that a contribution which meets the requirements set forth in subsection 7a7 shall be treated as a qualified small dollar contribution under this title4 7,c7 ,a statement that if a contribution is treated as qualified small dollar contribution under this title1 the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution4 7#b7 ,alternative methods of meeting requirements ,an authorized committee may meet the requirements of paragraph 7#a7-- 7,a7 by including the information described in paragraph 7#a7 in the receipt provided under section #eab7;b77#c7 to a person making a qualified small dollar contribution2 or 7,b7 by modifying the information it provides to persons making contributions which is otherwise required under title ,,iii 7including information it provides through the internet74 ,b ,eligibility and ,certification #eaa4 ,eligibility 7a7 ,in general ,a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements3 7#a7 ,the candidate files with the ,commission a statement of intent to seek certification as a participating candidate4 7#b7 ,the candidate meets the qualifying requirements of section #eab4 7#c7 ,the candidate files with the ,commission a statement certifying that the authorized committees of the candidate meet the requirements of section #ejd7;d74 7#d7 ,not later than the last day of the ,small ,dollar ,democracy qualifying period1 the candidate files with the ,commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- 7,a7 has complied and1 if certified1 will comply with the contribution and expenditure requirements of section #eba2 7,b7 if certified1 will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle2 and 7,c7 has either qualified or will take steps to qualify under ,state law to be on the ballot4 7#e7 ,the candidate files with the ,commission a certification that the candidate will not use any allocation from the ,fund to directly or indirectly pay salaries1 fees1 consulting expenses1 or any other compensation for services rendered to themselves1 family members 7including spouses as well as children1 parents1 siblings1 or any of their spouses71 or any entity or organization in which they have an ownership interest4 7b7 ,general election ,notwithstanding subsection 7a71 a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under ,state law4 7c7 ,small ,dollar ,democracy qualifying period ,defined ,the term ,small ,dollar ,democracy qualifying period means1 with respect to any candidate for an office1 the #ahj-;day period 7during the election cycle for such office7 which begins on the date on which the candidate files a statement of intent under section #eaa7;a77#a71 except that such period may not continue after the date that is #cj days before the date of the general election for the office4 #eab4 ,qualifying requirements 7a7 ,receipt of qualified small dollar contributions ,a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress meets the requirement of this section if1 during the ,small ,dollar ,democracy qualifying period described in section #eaa7;c71 each of the following occurs3 7#a7 ,not fewer than #a1jjj individuals make a qualified small dollar contribution to the candidate4 7#b7 ,the candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than #ej1jjj4 7b7 ,requirements relating to receipt of qualified small dollar contribution ,each qualified small dollar contribution-- 7#a7 may be made by means of a personal check1 money order1 debit card1 credit card1 electronic payment account1 or any other method deemed appropriate by the ,division ,director2 7#b7 shall be accompanied by a signed statement 7or1 in the case of a contribution made online or through other electronic means1 an electronic equivalent7 containing the contributor's name and address2 and 7#c7 shall be acknowledged by a receipt that is sent to the contributor with a copy 7in paper or electronic form7 kept by the candidate for the ,commission4 7c7 ,verification of contributions 7#a7 ,procedures ,the ,division ,director shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title1 including procedures for random audits1 to ensure that such contributions and expenditures meet the requirements of this title4 7#b7 ,authority of ,commission to revise procedures ,the ,commission1 by a vote of not fewer than four of its members1 may revise the procedures established by the ,division ,director under this subsection4 #eac4 ,certification 7a7 ,deadline and ,notification 7#a7 ,in general ,not later than #e business days after a candidate files an affidavit under section #eaa7;a77#d71 the ,division ,director shall-- 7,a7 determine whether or not the candidate meets the requirements for certification as a participating candidate2 7,b7 if the ,division ,director determines that the candidate meets such requirements1 certify the candidate as a participating candidate2 and 7,c7 notify the candidate of the ,division ,director's determination4 7#b7 ,deemed certification for all elections in election cycle ,if the ,division ,director certifies a candidate as a participating candidate with respect to the first election of the election cycle involved1 the ,division ,director shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle4 7#c7 ,authority of ,commission to reverse determination by ,division ,director ,during the #aj-;day period which begins on the date the ,division ,director makes a determination under this subsection1 the ,commission1 by a vote of not fewer than four of its members1 may review and reverse the determination4 ,if the ,commission reverses the determination1 the ,commission shall promptly notify the candidate involved4 7b7 ,revocation of certification 7#a7 ,in general ,the ,division ,director shall revoke a certification under subsection 7a7 if-- 7,a7 a candidate fails to qualify to appear on the ballot at any time after the date of certification 7other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle72 7,b7 a candidate ceases to be a candidate for the office involved1 as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the ,commission2 or 7,c7 a candidate otherwise fails to comply with the requirements of this title1 including any regulatory requirements prescribed by the ,commission4 7#b7 ,existence of criminal sanction ,the ,division ,director shall revoke a certification under subsection 7a7 if a penalty is assessed against the candidate under section #cji7;d7 with respect to the election4 7#c7 ,effect of revocation ,if a candidate's certification is revoked under this subsection-- 7,a7 the candidate may not receive payments under this title during the remainder of the election cycle involved2 and 7,b7 in the case of a candidate whose certification is revoked pursuant to subparagraph 7,a7 or subparagraph 7,c7 of paragraph 7#a7-- 7i7 the candidate shall repay to the ,commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest 7at a rate determined by the ,commission on the basis of an appropriate annual percentage rate for the month involved7 on any such amount received1 which shall be used by the ,commission to supplement the allocation made to the ,commission with respect to the ,state in which the candidate seeks office1 as described in section #eda7;a72 and 7ii7 the candidate may not be certified as a participating candidate under this title with respect to the next election cycle4 7#d7 ,prohibiting participation in future elections for candidates with multiple revocations ,if the ,division ,director revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph 7,a7 or subparagraph 7,c7 of paragraph 7#a7 a total of #c times1 the individual may not be certified as a participating candidate under this title with respect to any subsequent election4 7#e7 ,authority of ,commission to reverse revocation by ,division ,director ,during the #aj-;day period which begins on the date the ,division ,director makes a determination under this subsection1 the ,commission1 by a vote of not fewer than four of its members1 may review and reverse the determination4 ,if the ,commission reverses the determination1 the ,commission shall promptly notify the candidate involved4 7c7 ,voluntary withdrawal from participating during qualifying period ,at any time during the ,small ,dollar ,democracy qualifying period described in section #eaa7;c71 a candidate may withdraw from participation in the program under this title by submitting to the ,commission a statement of withdrawal 7without regard to whether or not the ,commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement71 so long as the candidate has not submitted a request for payment under section #ejb4 7d7 ,participating ,candidate defined ,in this title1 a participating candidate means a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress who is certified under this section as eligible to receive benefits under this title4 ,c ,requirements for ,candidates ,certified as ,participating ,candidates #eba4 ,contribution and expenditure requirements 7a7 ,permitted sources of contributions and expenditures ,except as provided in subsection 7c71 a participating candidate with respect to an election shall1 with respect to all elections occurring during the election cycle for the office involved1 accept no contributions from any source and make no expenditures from any amounts1 other than the following3 7#a7 ,qualified small dollar contributions4 7#b7 ,payments under this title4 7#c7 ,contributions from political committees established and maintained by a national or ,state political party1 subject to the applicable limitations of section #cae4 7#d7 ,subject to subsection 7b71 personal funds of the candidate or of any immediate family member of the candidate 7other than funds received through qualified small dollar contributions74 7#e7 ,contributions from individuals who are otherwise permitted to make contributions under this ,act1 subject to the applicable limitations of section #cae1 except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed #a1jjj4 7#f7 ,contributions from multicandidate political committees1 subject to the applicable limitations of section #cae4 7b7 ,special rules for personal funds 7#a7 ,limit on amount ,a candidate who is certified as a participating candidate may use personal funds 7including personal funds of any immediate family member of the candidate7 so long as-- 7,a7 the aggregate amount used with respect to the election cycle 7including any period of the cycle occurring prior to the candidate's certification as a participating candidate7 does not exceed #ej1jjj2 and 7,b7 the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved4 7#b7 ,immediate family member defined ,in this subsection1 the term immediate family member means1 with respect to a candidate-- 7,a7 the candidate's spouse2 7,b7 a child1 stepchild1 parent1 grandparent1 brother1 half-brother1 sister1 or half-sister of the candidate or the candidate's spouse2 and 7,c7 the spouse of any person described in subparagraph 7,b74 7c7 ,exceptions 7#a7 ,exception for contributions received prior to filing of statement of intent ,a candidate who has accepted contributions that are not described in subsection 7a7 is not in violation of subsection 7a71 but only if all such contributions are-- 7,a7 returned to the contributor2 7,b7 submitted to the ,commission1 to be used to supplement the allocation made to the ,commission with respect to the ,state in which the candidate seeks office1 as described in section #eda7;a72 or 7,c7 spent in accordance with paragraph 7#b74 7#b7 ,exception for expenditures made prior to filing of statement of intent ,if a candidate has made expenditures prior to the date the candidate files a statement of intent under section #eaa7;a77#a7 that the candidate is prohibited from making under subsection 7a7 or subsection 7b71 the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section #eab7;a77#b7 7relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain7 which is applicable to the candidate4 7#c7 ,exception for campaign surpluses from a previous election ,notwithstanding paragraph 7#a71 unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained1 but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate4 7#d7 ,exception for contributions received before the effective date of this title ,contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection 7a7 or 7b74 ,unexpended contributions shall be treated the same as campaign surpluses under paragraph 7#c71 and expenditures made shall count against the limit in paragraph 7#b74 7d7 ,special ,rule for ,coordinated ,party ,expenditures ,for purposes of this section1 a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate4 7e7 ,prohibition on joint fundraising committees 7#a7 ,prohibition ,an authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate4 7#b7 ,status of existing committees for prior elections ,if a candidate established a joint fundraising committee described in paragraph 7#a7 with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee1 the candidate shall not be considered to be in violation of paragraph 7#a7 so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title4 7f7 ,prohibition on ,leadership ,p,a,cs 7#a7 ,prohibition ,a candidate who is certified as a participating candidate under this title with respect to an election may not associate with1 establish1 finance1 maintain1 or control a leadership ,,pac4 7#b7 ,status of existing leadership ,p,a,cs ,if a candidate established1 financed1 maintained1 or controlled a leadership ,,pac prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership ,,pac1 the candidate shall not be considered to be in violation of paragraph 7#a7 so long as the leadership ,,pac does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title4 7#c7 ,leadership ,,pac defined ,in this subsection1 the term leadership ,,pac has the meaning given such term in section #cjd7;i77#h77;,b74 #ebb4 ,administration of campaign 7a7 ,separate accounting for various permitted contributions ,each authorized committee of a candidate certified as a participating candidate under this title-- 7#a7 shall provide for separate accounting of each type of contribution described in section #eba7;a7 which is received by the committee2 and 7#b7 shall provide for separate accounting for the payments received under this title4 7b7 ,enhanced disclosure of information on donors 7#a7 ,mandatory identification of individuals making qualified small dollar contributions ,each authorized committee of a participating candidate under this title shall1 in accordance with section #cjd7;b77#c77;,a71 include in the reports the committee submits under section #cjd the identification of each person who makes a qualified small dollar contribution to the committee4 7#b7 ,mandatory disclosure through ,internet ,each authorized committee of a participating candidate under this title shall ensure that all information reported to the ,commission under this ,act with respect to contributions and expenditures of the committee is available to the public on the internet 7whether through a site established for purposes of this subsection1 a hyperlink on another public site of the committee1 or a hyperlink on a report filed electronically with the ,commission7 in a searchable1 sortable1 and downloadable manner4 #ebc4 ,preventing unnecessary spending of matching funds 7a7 ,mandatory spending of available private funds ,an authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs 7#a71 7#c71 7#d71 7#e71 and 7#f7 of section #eba7;a74 7b7 ,limitation ,subsection 7a7 applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title4 #ebd4 ,remitting unspent funds after election 7a7 ,remittance required ,not later than the date that is #ahj days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved1 such participating candidate shall remit to the ,commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date1 which shall be used to supplement the allocation made to the ,commission with respect to the ,state in which the candidate seeks office1 as described in section #eda7;a74 7b7 ,permitting candidates participating in next election cycle ,to retain portion of unspent funds ,notwithstanding subsection 7a71 a participating candidate may withhold not more than #ajj1jjj from the amount required to be remitted under subsection 7a7 if the candidate files a signed affidavit with the ,commission that the candidate will seek certification as a participating candidate with respect to the next election cycle1 except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle4 ,if the candidate fails to seek certification as a participating candidate prior to the last day of the ,small ,dollar ,democracy qualifying period for the next election cycle 7as described in section #eaa71 or if the ,commission notifies the candidate of the ,commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle1 the candidate shall immediately remit to the ,commission the amount withheld4 ,d ,enhanced ,match ,support #eca4 ,enhanced support for general election 7a7 ,availability of ,enhanced ,support ,in addition to the payments made under subtitle ,a1 the ,division ,director shall make an additional payment to an eligible candidate under this subtitle4 7b7 ,use of funds ,a candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved4 #ecb4 ,eligibility 7a7 ,in ,general ,a candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements3 7#a7 ,the candidate is on the ballot for the general election for the office the candidate seeks4 7#b7 ,the candidate is certified as a participating candidate under this title with respect to the election4 7#c7 ,during the enhanced support qualifying period1 the candidate receives qualified small dollar contributions in a total amount of not less than #ej1jjj4 7#d7 ,during the enhanced support qualifying period1 the candidate submits to the ,division ,director a request for the payment which includes-- 7,a7 a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period2 7,b7 a statement of the amount of the payment the candidate anticipates receiving with respect to the request2 and 7,c7 such other information and assurances as the ,division ,director may require4 7#e7 ,after submitting a request for the additional payment under paragraph 7#d71 the candidate does not submit any other application for an additional payment under this subtitle4 7b7 ,enhanced ,support ,qualifying ,period ,described ,in this subtitle1 the term enhanced support qualifying period means1 with respect to a general election1 the period which begins #fj days before the date of the election and ends #ad days before the date of the election4 #ecc4 ,amount 7a7 ,in ,general ,subject to subsection 7b71 the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to #ej percent of-- 7#a7 the amount of the payment made to the candidate under section #eja7;b7 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period 7as included in the request submitted by the candidate under section #ecb7;a77#d772 or 7#b7 in the case of a candidate who is not eligible to receive a payment under section #eja7;b7 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle ,a for the election cycle under section #eja7;c71 the amount of the payment which would have been made to the candidate under section #eja7;b7 with respect to such qualified small dollar contributions if the candidate had not reached such limit4 7b7 ,limit ,the amount of the additional payment determined under subsection 7a7 with respect to a candidate may not exceed #ejj1jjj4 7c7 ,no ,effect on ,aggregate ,limit ,the amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section #eja7;c74 #ecd4 ,waiver of authority to retain portion of unspent funds after election ,notwithstanding section #ebd7;a77#b71 a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the ,commission under section #ebd7;a77#a74 ,e ,administrative ,provisions #eda4 ,source of payments 7a7 ,allocations from ,state ,election ,assistance and ,innovation ,trust ,fund ,the amounts used to make payments to participating candidates under this title who seek office in a ,state shall be derived from the allocations made to the ,commission with respect to the ,state from the ,state ,election ,assistance and ,innovation ,trust ,fund 7hereafter referred to as the ,fund7 under section #hjab of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act1 as provided under section #hjje7;c7 of such ,act4 7b7 ,use of allocations to make payments to participating candidates 7#a7 ,payments to participating candidates ,the allocations made to the ,commission as described in subsection 7a7 shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title4 7#b7 ,ongoing review to determine sufficiency of ,state allocations 7,a7 ,ongoing review ,not later than #ij days before the first day of each election cycle 7beginning with the first election cycle that begins after the date of the enactment of this title71 and on an ongoing basis until the end of the election cycle1 the ,division ,director1 in consultation with the ,director of the ,office of ,democracy ,advancement and ,innovation1 shall determine whether the amount of the allocation made to the ,commission with respect to candidates who seek office in a ,state as described in subsection 7a7 will be sufficient to make payments to participating candidates in the ,state in the amounts provided in this title during such election cycle4 7,b7 ,opportunity for ,state to increase allocation ,if1 at any time the ,division ,director determines under subparagraph 7,a7 that the amount anticipated to be available in the ,fund for payments to participating candidates in a ,state with respect to the election cycle involved is not1 or may not be1 sufficient to satisfy the full entitlements of participating candidates in the ,state to payments under this title for such election cycle-- 7i7 the ,division ,director shall notify the ,state and ,congress2 and 7ii7 the ,state may direct the ,director of the ,office of ,democracy ,advancement and ,innovation to direct the ,secretary of the ,treasury to use the funds described in subparagraph 7,c71 in such amounts as the ,state may direct1 as an additional allocation to the ,commission with respect to the ,state for purposes of subsection 7a71 in accordance with section #hjab of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act4 7,c7 ,funds described ,the funds described in this subparagraph are funds which were allocated to the ,state under the ,democracy ,advancement and ,innovation ,program under subtitle ,a of title ,,viii of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act which1 under the ,state plan under section #hjjb of such ,act1 were to be used for democracy promotion activities described in paragraph 7#a71 7#b77;,b71 7#b77;,c71 or 7#c7 of section #hjja7;b7 of such ,act but which remain unobligated4 7#c7 ,elimination of limit of amount of qualified small donor contributions 7,a7 ,elimination of limit ,if1 after notifying the ,state under subparagraph 7,b77i7 and 7if the ,state so elects7 the ,state directs an additional allocation to the ,commission as provided under such subparagraph1 the ,division ,director determines that the amount anticipated to be available in the ,fund for payments to participating candidates in the ,state with respect to the election cycle involved is still not1 or may still not be1 sufficient to satisfy the full entitlements of participating candidates in the ,state to payments under this title for such election cycle1 the limit on the amount of a qualified small donor contribution under section #ejd7;a77#a77;,b7 shall not apply with respect to a participating candidate in the ,state under this title4 ,nothing in this subparagraph may be construed to waive the limit on the aggregate amount of contributions a participating candidate may accept from any individual under section #eba7;a77#e74 7,b7 ,determination of amount of payment to candidate ,in determining under section #eja7;b7 the amount of the payment made to a participating candidate for whom the limit on the amount of a qualified small donor contribution does not apply pursuant to subparagraph 7,a71 there shall be excluded any qualified small donor contribution to the extent that the amount contributed by the individual involved exceeds the limit on the amount of such a contribution under section #ejd7;a77#a77;,b74 7,c7 ,no use of amounts from other sources ,in any case in which the ,division ,director determines that the allocation made to the ,commission with respect to candidates in a ,state as described in subsection 7a7 is insufficient to make payments to participating candidates in the ,state under this title 7taking into account any increase in the allocation under paragraph 7#b771 moneys shall not be made available from any other source for the purpose of making such payments4 7c7 ,effective date ,this section shall take effect on the date of the enactment of this title1 without regard to whether or not regulations have been promulgated to carry out this section4 #edb4 ,administration through dedicated division within ,commission 7a7 ,administration through dedicated division 7#a7 ,establishment ,the ,commission shall establish a separate division within the ,commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title4 7#b7 ,appointment of director and staff 7,a7 ,appointment ,not later than ,june #a1 #bjbb1 the ,commission shall appoint a director to head the division established under this section 7to be known as the ,division ,director7 and such other staff as the ,commission considers appropriate to enable the division to carry out its duties4 7,b7 ,role of ,general ,counsel ,if1 at any time after the date referred to in subparagraph 7,a71 there is a vacancy in the position of the ,division ,director1 the ,general ,counsel of the ,commission shall serve as the acting ,division ,director until the ,commission appoints a ,division ,director under this paragraph4 7#c7 ,private right of action ,any person aggrieved by the failure of the ,commission to meet the requirements of this subsection may file an action in an appropriate district court of the ,united ,states for such relief1 including declaratory and injunctive relief1 as may be appropriate4 7b7 ,regulations ,not later than the deadline set forth in section #haad of the ,freedom to ,vote3 ,john ,r4 ,lewis ,act1 the ,commission1 acting through the dedicated division established under this section1 shall prescribe regulations to carry out the purposes of this title1 including regulations-- 7#a7 to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate2 7#b7 to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions2 7#c7 to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates2 7#d7 to establish procedures for monitoring the use of payments made from the allocation made to the ,commission as described in section #eda7;a7 and matching contributions under this title through audits of not fewer than #a_/aj 7or1 in the case of the first #c election cycles during which the program under this title is in effect1 not fewer than #a_/c7 of all participating candidates or other mechanisms2 7#e7 to establish procedures for carrying out audits under section #eda7;b7 and permitting ,states to make additional allocations as provided under section #eda7;b77#b77;,b72 and 7#f7 to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this ,act4 #edc4 ,violations and penalties 7a7 ,civil penalty for violation of contribution and expenditure requirements ,if a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section #eba1 the ,commission may assess a civil penalty against the candidate in an amount that is not more than #c times the amount of the contribution or expenditure4 ,any amounts collected under this subsection shall be used to supplement the allocation made to the ,commission with respect to the ,state in which the candidate seeks office1 as described in section #eda7;a74 7b7 ,repayment for improper use of payments 7#a7 ,in general ,if the ,commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title1 the ,commission shall so notify the candidate and the candidate shall pay to the ,commission an amount which shall be used to supplement the allocation made to the ,commission with respect to the ,state in which the candidate seeks office1 as described in section #eda7;a7 and which shall be equal to-- 7,a7 the amount of payments so used or not remitted1 as appropriate2 and 7,b7 interest on any such amounts 7at a rate determined by the ,commission74 7#b7 ,other action not precluded ,any action by the ,commission in accordance with this subsection shall not preclude enforcement proceedings by the ,commission in accordance with section #cji7;a71 including a referral by the ,commission to the ,attorney ,general in the case of an apparent knowing and willful violation of this title4 7c7 ,prohibiting certain candidates from qualifying as participating candidates 7#a7 ,candidates with multiple civil penalties ,if the ,commission assesses #c or more civil penalties under subsection 7a7 against a candidate 7with respect to either a single election or multiple elections71 the ,commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election1 except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this ,act1 the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election4 7#b7 ,candidates subject to criminal penalty ,a candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section #cji7;d7 with respect to any previous election4 7d7 ,imposition of criminal penalties ,for criminal penalties for the failure of a participating candidate to comply with the requirements of this title1 see section #cji7;d74 #edd4 ,indexing of amounts 7a7 ,indexing ,in any calendar year after #bjbf1 section #cae7;c77#a77;,b7 shall apply to each amount described in subsection 7b7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be #bjbf4 7b7 ,amounts described ,the amounts described in this subsection are as follows3 7#a7 ,the amount referred to in section #ejb7;b77#a7 7relating to the minimum amount of qualified small dollar contributions included in a request for payment74 7#b7 ,the amounts referred to in section #ejd7;a77#a7 7relating to the amount of a qualified small dollar contribution74 7#c7 ,the amount referred to in section #eab7;a77#b7 7relating to the total dollar amount of qualified small dollar contributions74 7#d7 ,the amount referred to in section #eba7;a77#e7 7relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election74 7#e7 ,the amount referred to in section #eba7;b77#a77;,a7 7relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate74 7#f7 ,the amounts referred to in section #ebd7;a77#b7 7relating to the amount of unspent funds a candidate may retain for use in the next election cycle74 7#g7 ,the amount referred to in section #ecb7;a77#c7 7relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle ,d74 7#h7 ,the amount referred to in section #ecc7;b7 7relating to the limit on the amount of an additional payment made to a candidate under subtitle ,d74 #ede4 ,election cycle defined ,in this title1 the term election cycle means1 with respect to an election for an office1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 #edf4 ,division ,director defined ,in this title1 the term ,division ,director means the individual serving as the director of the division established under section #edb4 4 #haab4 ,contributions and expenditures by multicandidate and political party committees on behalf of participating candidates 7a7 ,authorizing ,contributions ,only ,from ,separate ,accounts ,consisting of ,qualified small dollar contributions ,section #cae7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77 is amended by adding at the end the following new paragraph3 7#aj7 ,in the case of a multicandidate political committee or any political committee of a political party1 the committee may make a contribution to a candidate who is a participating candidate under title ,v with respect to an election only if the contribution is paid from a separate1 segregated account of the committee which consists solely of contributions which meet the following requirements3 7,a7 ,each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section #ejd7;a77#a7 with respect to the election involved4 7,b7 ,each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this ,act4 7,c7 ,the individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section #ejd7;a77#a74 4 7b7 ,permitting ,unlimited ,coordinated ,expenditures ,from ,small ,dollar ,sources by ,political ,parties ,section #cae7;d7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;d77 is amended-- 7#a7 in paragraph 7#c71 by striking ,the national committee and inserting ,except as provided in paragraph 7#f71 the national committee2 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,the limits described in paragraph 7#c7 do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress who is a participating candidate under title ,v with respect to the election1 but only if-- 7,a7 the expenditures are paid from a separate1 segregated account of the committee which is described in subsection 7a77#aj72 and 7,b7 the expenditures are the sole source of funding provided by the committee to the candidate4 4 #haac4 ,prohibiting use of contributions by participating candidates for purposes other than campaign for election ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7 is amended by adding at the end the following new subsection3 7d7 ,restrictions on ,permitted ,uses of ,funds by ,candidates ,receiving ,small ,dollar ,financing ,notwithstanding paragraph 7#b71 7#c71 or 7#d7 of subsection 7a71 if a candidate for election for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress is certified as a participating candidate under title ,v with respect to the election1 any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate's campaign for such office1 subject to section #ejc7;b74 4 #haad4 ,deadline for regulations ,not later than ,october #a1 #bjbb1 the ,federal ,election ,commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part4 ,this part and the amendments made by this part shall take effect on such date without regard to whether the ,commission has promulgated the regulations required under the previous sentence by such date4 ,c ,personal ,use ,services as ,authorized ,campaign ,expenditures #hbja4 ,short title2 findings2 purpose 7a7 ,short title ,this subtitle may be cited as the ,help ,america ,run ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,everyday ,americans experience barriers to entry before they can consider running for office to serve their communities4 7#b7 ,current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office1 like childcare and food4 ,while the law seems neutral1 its actual effect is to privilege the independently wealthy who want to run1 because given the demands of running for office1 candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process1 even if they have sufficient support to mount a viable campaign4 7#c7 ,thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet4 ,the consequence is that everyday ,americans who have firsthand knowledge of the importance of stable childcare1 a safety net1 or great public schools are less likely to get a seat at the table4 ,this governance by the few is antithetical to the democratic experiment1 but most importantly1 when lawmakers do not share the concerns of everyday ,americans1 their policies reflect that4 7#d7 ,these circumstances have contributed to a ,congress that does not always reflect everyday ,americans4 ,the ,new ,york ,times reported in #bjai that fewer than #e percent of representatives cite blue-collar or service jobs in their biographies4 ,a #bjae survey by the ,center for ,responsive ,politics showed that the median net worth of lawmakers was just over #a million in #bjac1 or #ah times the wealth of the typical ,american household4 7#e7 ,these circumstances have also contributed to a governing body that does not reflect the nation it serves4 ,for instance1 women are #ea percent of the ,american population4 ,yet even with a record number of women serving in the ,one ,hundred ,sixteenth ,congress1 the ,pew ,research ,center notes that more than three out of four ,members of this ,congress are male4 ,the ,center for ,american ,women ,and ,politics found that one third of women legislators surveyed had been actively discouraged from running for office1 often by political professionals4 ,this type of discouragement1 combined with the prohibitions on using campaign funds for domestic needs like childcare1 burdens that still fall disproportionately on ,american women1 particularly disadvantages working mothers4 ,these barriers may explain why only #aj women in history have given birth while serving in ,congress1 in spite of the prevalence of working parents in other professions4 ,yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most ,americans4 7#f7 ,working mothers1 those caring for their elderly parents1 and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the ,united ,states4 ,their networks and net worth are simply not the best indicators of their strength as prospective public servants4 ,in fact1 helping ordinary ,americans to run may create better policy for all ,americans4 7c7 ,purpose ,it is the purpose of this subtitle to ensure that all ,americans who are otherwise qualified to serve this ,nation are able to run for office1 regardless of their economic status4 ,by expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood1 the ,help ,america ,run ,act will facilitate the candidacy of representatives who more accurately reflect the experiences1 challenges1 and ideals of everyday ,americans4 #hbjb4 ,treatment of payments for child care and other personal use services as authorized campaign expenditure 7a7 ,personal use services as authorized campaign expenditure ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad71 as amended by section #haac1 is amended by adding at the end the following new subsection3 7e7 ,treatment of payments for child care and other personal use services as authorized campaign expenditure 7#a7 ,authorized expenditures ,for purposes of subsection 7a71 the payment by an authorized committee of a candidate for any of the personal use services described in paragraph 7#c7 shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities4 7#b7 ,limitations 7,a7 ,limit on total amount of payments ,the total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph 7#c7 may not exceed the limit which is applicable under any law1 rule1 or regulation on the amount of payments which may be made by the committee for the salary of the candidate 7without regard to whether or not the committee makes payments to the candidate for that purpose74 7,b7 ,corresponding reduction in amount of salary paid to candidate ,to the extent that an authorized committee of a candidate makes payments for the salary of the candidate1 any limit on the amount of such payments which is applicable under any law1 rule1 or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph 7#c71 other than personal use services described in subparagraph 7,d7 of such paragraph4 7,c7 ,exclusion of candidates who are officeholders ,paragraph 7#a7 does not apply with respect to an authorized committee of a candidate who is a holder of ,federal office4 7#c7 ,personal use services described ,the personal use services described in this paragraph are as follows3 7,a7 ,child care services4 7,b7 ,elder care services4 7,c7 ,services similar to the services described in subparagraph 7,a7 or subparagraph 7,b7 which are provided on behalf of any dependent who is a qualifying relative under section #aeb of the ,internal ,revenue ,code of #aihf4 7,d7 ,health insurance premiums4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,d ,empowering ,small ,dollar ,donations #hcja4 ,permitting political party committees to provide enhanced support for ,house candidates through use of separate small dollar accounts 7a7 ,increase in ,limit on ,contributions to ,candidates ,section #cae7;a77#b77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77#b77;,a77 is amended by striking exceed #e1jjj and inserting exceed #e1jjj or1 in the case of a contribution made by a national committee of a political party from an account described in paragraph 7#aa71 exceed #aj1jjj4 7b7 ,elimination of ,limit on ,coordinated ,expenditures ,section #cae7;d77#e7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;d77#e77 is amended by striking subsection 7a77#i7 and inserting subsection 7a77#i7 or subsection 7a77#aa74 7c7 ,accounts ,described ,section #cae7;a7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;a771 as amended by section #haab7;a71 is amended by adding at the end the following new paragraph3 7#aa7 ,an account described in this paragraph is a separate1 segregated account of a national congressional campaign committee of a political party which-- 7,a7 supports only candidates for election for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress2 and 7,b7 consists exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed #bjj4 4 7d7 ,effective ,date ,the amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,e ,severability #hdja4 ,severability ,if any provision of this title or amendment made by this title1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this title and amendments made by this title1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 ,d ,,voting ,,rights ,,ix ,,voting ,,rights #ijjj4 ,short title ,this division may be cited as the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba4 ,a ,amendments to the ,voting ,rights ,act #ijja4 ,vote dilution1 denial1 and abridgment claims 7a7 ,in general ,section #b7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja7;a77 is amended-- 7#a7 by inserting after applied by any ,state or political subdivision the following3 for the purpose of1 or2 and 7#b7 by striking as provided in subsection 7b7 and inserting as provided in subsection 7b71 7c71 7d71 or 7e74 7b7 ,vote dilution ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsection 7a71 is further amended by striking subsection 7b7 and inserting the following3 7b7 ,a violation of subsection 7a7 for vote dilution is established if1 based on the totality of circumstances1 it is shown that the political processes leading to nomination or election in the ,state or political subdivision are not equally open to participation by members of a class of citizens protected by subsection 7a7 in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice4 ,the extent to which members of a protected class have been elected to office in the ,state or political subdivision is one circumstance which may be considered3 ,provided1 ,that nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population4 ,the legal standard articulated in ,thornburg v4 ,gingles1 #dgh ,u4,s4 #cj 7#aihf71 governs claims under this subsection4 ,for purposes of this subsection a class of citizens protected by subsection 7a7 may include a cohesive coalition of members of different racial or language minority groups4 4 7c7 ,vote denial or abridgement ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsections 7a7 and 7b71 is further amended by adding at the end the following3 7c7 7#a7 ,a violation of subsection 7a7 for vote denial or abridgment is established if the challenged qualification1 prerequisite1 standard1 practice1 or procedure imposes a discriminatory burden on members of a class of citizens protected by subsection 7a71 meaning that-- 7,a7 members of the protected class face disproportionate costs or burdens in complying with the qualification1 prerequisite1 standard1 practice1 or procedure1 considering the totality of the circumstances2 and 7,b7 such disproportionate costs or burdens are1 at least in part1 caused by or linked to social and historical conditions that have produced or currently produce discrimination against members of the protected class4 7#b7 ,the challenged qualification1 prerequisite1 standard1 practice1 or procedure need only be a but-for cause of the discriminatory burden or perpetuate a pre-existing discriminatory burden4 7#c7 7,a7 ,the totality of the circumstances for consideration relative to a violation of subsection 7a7 for vote denial or abridgment shall include the following factors1 which1 individually and collectively1 show how a voting qualification1 prerequisite1 standard1 practice1 or procedure can function to amplify the effects of past or present racial discrimination3 7i7 ,the history of official voting-related discrimination in the ,state or political subdivision4 7ii7 ,the extent to which voting in the elections of the ,state or political subdivision is racially polarized4 7iii7 ,the extent to which members of the protected class bear the effects of discrimination in areas such as education1 employment1 and health1 which hinder the ability of those members to participate effectively in the political process4 7iv7 ,the use of overt or subtle racial appeals either in political campaigns or surrounding the adoption or maintenance of the challenged qualification1 prerequisite1 standard1 practice1 or procedure4 7v7 ,the extent to which members of the protected class have been elected to public office in the jurisdiction1 except that the fact that the protected class is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment under this section4 7vi7 ,whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class4 7vii7 ,whether the policy underlying the ,state or political subdivision's use of the challenged qualification1 prerequisite1 standard1 practice1 or procedure has a tenuous connection to that qualification1 prerequisite1 standard1 practice1 or procedure4 ,in making a determination under this clause1 a court shall consider whether the qualification1 prerequisite1 standard1 practice1 or procedure in question was designed to advance and materially advances a valid and substantiated ,state interest4 7,b7 ,a particular combination or number of factors under subparagraph 7,a7 shall not be required to establish a violation of subsection 7a7 for vote denial or abridgment4 ,additionally1 a litigant can show a variety of factors to establish a violation of subsection 7a71 and is not limited to those factors listed under subparagraph 7,a74 7,c7 ,in evaluating the totality of the circumstances for consideration relative to a violation of subsection 7a7 for vote denial or abridgment1 the following factors shall not weigh against a finding of a violation3 7i7 ,the total number or share of members of a protected class on whom a challenged qualification1 prerequisite1 standard1 practice1 or procedure does not impose a material burden4 7ii7 ,the degree to which the challenged qualification1 prerequisite1 standard1 practice1 or procedure has a long pedigree or was in widespread use at some earlier date4 7iii7 ,the use of an identical or similar qualification1 prerequisite1 standard1 practice1 or procedure in other ,states or political subdivisions4 7iv7 ,the availability of other forms of voting unimpacted by the challenged qualification1 prerequisite1 standard1 practice1 or procedure to all members of the electorate1 including members of the protected class1 unless the ,state or political subdivision is simultaneously expanding those other qualifications1 prerequisites1 standards1 practices1 or procedures to eliminate any disproportionate burden imposed by the challenged qualification1 prerequisite1 standard1 practice1 or procedure4 7v7 ,a prophylactic impact on potential criminal activity by individual voters1 if such crimes have not occurred in the ,state or political subdivision in substantial numbers4 7vi7 ,mere invocation of interests in voter confidence or prevention of fraud4 4 7d7 ,intended vote dilution or vote denial or abridgment ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsections 7a71 7b71 and 7c7 is further amended by adding at the end the following3 7d7 7#a7 ,a violation of subsection 7a7 is also established if a challenged qualification1 prerequisite1 standard1 practice1 or procedure is intended1 at least in part1 to dilute the voting strength of a protected class or to deny or abridge the right of any citizen of the ,united ,states to vote on account of race1 color1 or in contravention of the guarantees set forth in section #d7;f77#b74 7#b7 ,discrimination on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b71 need only be one purpose of a qualification1 prerequisite1 standard1 practice1 or procedure in order to establish a violation of subsection 7a71 as described in this subsection4 ,a qualification1 prerequisite1 standard1 practice1 or procedure intended to dilute the voting strength of a protected class or to make it more difficult for members of a protected class to cast a ballot that will be counted constitutes a violation of subsection 7a71 as described in this subsection1 even if an additional purpose of the qualification1 prerequisite1 standard1 practice1 or procedure is to benefit a particular political party or group4 7#c7 ,recent context1 including actions by official decisionmakers in prior years or in other contexts preceding the decision responsible for the challenged qualification1 prerequisite1 standard1 practice1 or procedure1 and including actions by predecessor government actors or individual members of a decisionmaking body1 may be relevant to making a determination about a violation of subsection 7a71 as described under this subsection4 7#d7 ,a claim that a violation of subsection 7a7 has occurred1 as described under this subsection1 shall require proof of a discriminatory impact but shall not require proof of violation of subsection 7b7 or 7c74 4 #ijjb4 ,retrogression ,section #b of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 as amended by section #ijja of this ,act1 is further amended by adding at the end the following3 7e7 ,a violation of subsection 7a7 is established when a ,state or political subdivision enacts or seeks to administer any qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting in any election that has the purpose of or will have the effect of diminishing the ability of any citizens of the ,united ,states on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b71 to participate in the electoral process or elect their preferred candidates of choice4 ,this subsection applies to any action taken on or after ,january #a1 #bjba1 by a ,state or political subdivision to enact or seek to administer any such qualification or prerequisite to voting or standard1 practice or procedure4 7f7 ,notwithstanding the provisions of subsection 7e71 final decisions of the ,united ,states ,district ,court of the ,district of ,columbia on applications or petitions by ,states or political subdivisions for preclearance under section #e of any changes in voting prerequisites1 standards1 practices1 or procedures1 supersede the provisions of subsection 7e74 4 #ijjc4 ,violations triggering authority of court to retain jurisdiction 7a7 ,types of ,violations ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment1 violations of this ,act1 or violations of any ,federal law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 7b7 ,conforming ,amendment ,section #c7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjb7;a77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment1 violations of this ,act1 or violations of any ,federal law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 #ijjd4 ,criteria for coverage of ,states and political subdivisions 7a7 ,determination of ,states and ,political ,subdivisions ,subject to ,section #d7;a7 7#a7 ,in general ,section #d7;b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjc7;b77 is amended to read as follows3 7b7 ,determination of ,states and ,political ,subdivisions ,subject to ,requirements 7#a7 ,existence of voting rights violations during previous #be years 7,a7 ,statewide application ,subsection 7a7 applies with respect to a ,state and all political subdivisions within the ,state during a calendar year if-- 7i7 fifteen or more voting rights violations occurred in the ,state during the previous #be calendar years2 or 7ii7 ten or more voting rights violations occurred in the ,state during the previous #be calendar years1 at least one of which was committed by the ,state itself 7as opposed to a political subdivision within the ,state74 7,b7 ,application to specific political subdivisions ,subsection 7a7 applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous #be calendar years4 7#b7 ,period of application 7,a7 ,in general ,except as provided in subparagraph 7,b71 if1 pursuant to paragraph 7#a71 subsection 7a7 applies with respect to a ,state or political subdivision during a calendar year1 subsection 7a7 shall apply with respect to such ,state or political subdivision for the period-- 7i7 that begins on ,january #a of the year in which subsection 7a7 applies2 and 7ii7 that ends on the date which is #aj years after the date described in clause 7i74 7,b7 ,no further application after declaratory judgment 7i7 ,states ,if a ,state obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such ,state and all political subdivisions in the ,state pursuant to paragraph 7#a77;,a7 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,a7 applies to the ,state solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment1 or paragraph 7#a77;,b7 applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment4 7ii7 ,political subdivisions ,if a political subdivision obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such political subdivision pursuant to paragraph 7#a71 including pursuant to paragraph 7#a77;,a7 7relating to the statewide application of subsection 7a771 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,b7 applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment4 7#c7 ,determination of voting rights violation ,for purposes of paragraph 7#a71 a voting rights violation occurred in a ,state or political subdivision if any of the following applies3 7,a7 ,judicial relief2 violation of the #adth or #aeth ,amendment ,any final judgment 7that has not been reversed on appeal7 occurred1 in which the plaintiff prevailed and in which any court of the ,united ,states determined that a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group occurred1 that a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race1 color1 or language minority group1 or that race was the predominant factor motivating the decision to place a significant number of voters within or outside of a particular district1 unless narrowly tailored in service of a compelling interest or in response to an objection interposed by the ,department of ,justice1 in violation of the #adth or #aeth ,amendment to the ,constitution of the ,united ,states1 anywhere within the ,state or subdivision4 7,b7 ,judicial relief2 violations of this ,act ,any final judgment 7that has not been reversed on appeal7 occurred in which the plaintiff prevailed and in which any court of the ,united ,states determined that a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the ,state or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 in violation of subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc1 or any final judgment 7that has not been reversed on appeal7 occurred in which a court of the ,united ,states found a ,state or political subdivision failed to comply with section #e7;a73 ,provided1 ,that if the voting qualifications or prerequisites to voting or standards1 practices1 or procedures that the court finds required compliance with section #e7;a7 subsequently go into effect 7without alteration or amendment7 in accordance with the procedures in section #e7;a71 then such finding shall not count as a violation4 7,c7 ,final judgment2 ,denial of declaratory judgment ,in a final judgment 7that has not been reversed on appeal71 any court of the ,united ,states has denied the request of the ,state or subdivision for a declaratory judgment under section #c7;c7 or section #e1 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision4 7,d7 ,objection by the ,attorney ,general ,the ,attorney ,general has interposed an objection under section #c7;c7 or section #e1 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision4 ,a violation under this subparagraph has not occurred where an objection has been withdrawn by the ,attorney ,general1 unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection4 ,a violation under this subparagraph has not occurred where the objection is based solely on a ,state or political subdivision's failure to comply with a procedural process that would not otherwise count as an independent violation of this ,act4 7,e7 ,consent decree1 settlement1 or other agreement 7i7 ,agreement ,a consent decree1 settlement1 or other agreement was adopted or entered by a court of the ,united ,states that contains an admission of liability by the defendants1 which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such ,state or subdivision that was challenged on the ground that the practice denied or abridged the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group in violation of subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc1 or the #adth or #aeth ,amendment4 7ii7 ,independent violations ,a voluntary extension or continuation of a consent decree1 settlement1 or agreement described in clause 7i7 shall not count as an independent violation under this subparagraph4 ,any other extension or modification of such a consent decree1 settlement1 or agreement1 if the consent decree1 settlement1 or agreement has been in place for ten years or longer1 shall count as an independent violation under this subparagraph4 ,if a court of the ,united ,states finds that a consent decree1 settlement1 or agreement described in clause 7i7 itself denied or abridged the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 violated subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc1 or created an undue burden on the right to vote in connection with a claim that the consent decree1 settlement1 or other agreement unduly burdened voters of a particular race1 color1 or language minority group1 that finding shall count as an independent violation under this subparagraph4 7,f7 ,multiple violations ,each instance in which a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting1 including each redistricting plan1 is found to be a violation by a court of the ,united ,states pursuant to subparagraph 7,a7 or 7,b71 or prevented from being enforced pursuant to subparagraph 7,c7 or 7,d71 or altered or abandoned pursuant to subparagraph 7,e7 shall count as an independent violation under this paragraph4 ,within a redistricting plan1 each violation under this paragraph found to violate the rights of any group of voters within an individual district based on race1 color1 or language minority group shall count as an independent violation under this paragraph4 7#d7 ,timing of determinations 7,a7 ,determinations of voting rights violations ,as early as practicable during each calendar year1 the ,attorney ,general shall make the determinations required by this subsection1 including updating the list of voting rights violations occurring in each ,state and political subdivision for the previous calendar year4 7,b7 ,effective upon publication in ,federal ,register ,a determination or certification of the ,attorney ,general under this section or under section #h or #ac shall be effective upon publication in the ,federal ,register4 4 7#b7 ,conforming amendments ,section #d7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77 is amended-- 7,a7 in paragraph 7#a71 in the first sentence of the matter preceding subparagraph 7,a71 by striking any ,state with respect to which and all that follows through unless and inserting any ,state to which this subsection applies during a calendar year pursuant to determinations made under subsection 7b71 or in any political subdivision of such ,state 7as such subdivision existed on the date such determinations were made with respect to such ,state71 though such determinations were not made with respect to such subdivision as a separate unit1 or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection 7b71 unless2 7,b7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking the second sentence2 7,c7 in paragraph 7#a77;,a71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,d7 in paragraph 7#a77;,b71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,e7 in paragraph 7#c71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,f7 in paragraph 7#e71 by striking 7in the case of a ,state or subdivision which sought a declaratory judgment under the second sentence of this subsection72 7,g7 by striking paragraphs 7#g7 and 7#h72 and 7,h7 by redesignating paragraph 7#i7 as paragraph 7#g74 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77#a771 as amended by subsection 7a71 is further amended1 in the first sentence1 by striking race or color1 and inserting race or color1 or in contravention of the guarantees of subsection 7f77#b714 7c7 ,facilitating bailout ,section #d7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjc7;a771 as amended by subsection 7a71 is further amended-- 7#a7 by striking paragraph 7#a77;,c72 7#b7 by inserting at the beginning of paragraph 7#g71 as redesignated by subsection 7a77#b77;,h71 the following3 ,any plaintiff seeking a declaratory judgment under this subsection on the grounds that the plaintiff meets the requirements of paragraph 7#a7 may request that the ,attorney ,general consent to entry of judgment42 and 7#c7 by adding at the end the following3 7#h7 ,if a political subdivision is subject to the application of this subsection1 due to the applicability of subsection 7b77#a77;,a71 the political subdivision may seek a declaratory judgment under this section if the subdivision demonstrates that the subdivision meets the criteria established by the subparagraphs of paragraph 7#a71 for the #aj years preceding the date on which subsection 7a7 applied to the political subdivision under subsection 7b77#a77;,a74 7#i7 ,if a political subdivision was not subject to the application of this subsection by reason of a declaratory judgment entered prior to the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba1 and is not1 subsequent to that date of enactment1 subject to the application of this subsection under subsection 7b77#a77;,b71 then that political subdivision shall not be subject to the requirements of this subsection4 4 #ijje4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is further amended by inserting after section #d the following3 #d;,a4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices 7a7 ,practice-,based preclearance 7#a7 ,in general ,each ,state and each political subdivision shall-- 7,a7 identify any change to a law1 regulation1 or policy that includes a voting qualification or prerequisite to voting1 or a standard1 practice1 or procedure with respect to voting1 that is a covered practice described in subsection 7b72 and 7,b7 ensure that no such covered practice is implemented unless or until the ,state or political subdivision1 as the case may be1 complies with subsection 7c74 7#b7 ,determinations of characteristics of voting-age population 7,a7 ,in general ,as early as practicable during each calendar year1 the ,attorney ,general1 in consultation with the ,director of the ,bureau of the ,census and the heads of other relevant offices of the government1 shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations1 and shall publish a list of the ,states and political subdivisions to which a voting-age population characteristic described in subsection 7b7 applies4 7,b7 ,publication in the ,federal ,register ,a determination 7including a certification7 of the ,attorney ,general under this paragraph shall be effective upon publication in the ,federal ,register4 7b7 ,covered practices ,to assure that the right of citizens of the ,united ,states to vote is not denied or abridged on account of race1 color1 or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting1 or standards1 practices1 or procedures with respect to voting in a ,state or political subdivision1 the following shall be covered practices subject to the requirements described in subsection 7a73 7#a7 ,changes to method of election ,any change to the method of election-- 7,a7 to add seats elected at-large in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population in the ,state or political subdivision1 respectively2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the ,state or political subdivision2 or 7,b7 to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population in the ,state or political subdivision1 respectively2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the ,state or political subdivision4 7#b7 ,changes to political subdivision boundaries ,any change or series of changes within a year to the boundaries of a political subdivision that reduces by #c or more percentage points the percentage of the political subdivision's voting-age population that is comprised of members of a single racial group or language minority group in the political subdivision where-- 7,a7 two or more racial groups or language minority groups each represent #bj percent or more of the political subdivision's voting-age population2 or 7,b7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision4 7#c7 ,changes through redistricting ,any change to the apportionment or boundaries of districts for ,federal1 ,state1 or local elections in a ,state or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents #ae percent or more of the ,state or political subdivision's voting-age population experiences a population increase of at least #bj percent of its voting-age population1 over the preceding decade 7as calculated by the ,bureau of the ,census under the most recent decennial census71 in the jurisdiction4 7#d7 ,changes in documentation or qualifications to vote ,any change to requirements for documentation or proof of identity to vote or register to vote in elections for ,federal1 ,state1 or local offices that will exceed or be more stringent than such requirements under ,state law on the day before the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba4 7#e7 ,changes to multilingual voting materials ,any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed1 where no similar reduction or alteration occurs in materials provided in ,english for such election4 7#f7 ,changes that reduce1 consolidate1 or relocate voting locations1 or reduce voting opportunities ,any change that reduces1 consolidates1 or relocates voting locations in elections for ,federal1 ,state1 or local office1 including early1 absentee1 and election-day voting locations1 or reduces days or hours of in-person voting on any ,sunday during a period occurring prior to the date of an election for ,federal1 ,state1 or local office during which voters may cast ballots in such election1 if the location change1 or reduction in days or hours1 applies-- 7,a7 in one or more census tracts in which two or more language minority groups or racial groups each represent #bj percent or more of the voting-age population2 or 7,b7 on ,indian lands in which at least #bj percent of the voting-age population belongs to a single language minority group4 7#g7 ,new list maintenance process ,any change to the maintenance process for voter registration lists that adds a new basis for removal from the list of active voters registered to vote in elections for ,federal1 ,state1 or local office1 or that incorporates new sources of information in determining a voter's eligibility to vote in elections for ,federal1 ,state1 or local office1 if such a change would have a statistically significant disparate impact1 concerning the removal from voter rolls1 on members of racial groups or language minority groups that constitute greater than #e percent of the voting-age population-- 7,a7 in the case of a political subdivision imposing such change if-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of the political subdivision2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision2 or 7,b7 in the case of a ,state imposing such change1 if two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of-- 7i7 the ,state2 or 7ii7 a political subdivision in the ,state1 except that the requirements under subsections 7a7 and 7c7 shall apply only with respect to each such political subdivision individually4 7c7 ,preclearance 7#a7 ,in general 7,a7 ,action ,whenever a ,state or political subdivision with respect to which the requirements set forth in subsection 7a7 are in effect shall enact1 adopt1 or seek to implement any covered practice described under subsection 7b71 such ,state or subdivision may institute an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race1 color1 or membership in a language minority group1 and unless and until the court enters such judgment such covered practice shall not be implemented4 7,b7 ,submission to attorney general 7i7 ,in general ,notwithstanding subparagraph 7,a71 such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such ,state or subdivision to the ,attorney ,general and the ,attorney ,general has not interposed an objection within #fj days after such submission1 or upon good cause shown1 to facilitate an expedited approval within #fj days after such submission1 the ,attorney ,general has affirmatively indicated that such objection will not be made4 ,an exigency1 including a natural disaster1 inclement weather1 or other unforeseeable event1 requiring a changed qualification1 prerequisite1 standard1 practice1 or procedure within #cj days of a ,federal1 ,state1 or local election shall constitute good cause requiring the ,attorney ,general to expedite consideration of the submission4 ,to the extent feasible1 expedited consideration shall consider the views of individuals affected by the changed qualification1 prerequisite1 standard1 practice1 or procedure4 7ii7 ,effect of indication ,neither an affirmative indication by the ,attorney ,general that no objection will be made1 nor the ,attorney ,general's failure to object1 nor a declaratory judgment entered under this subsection shall bar a subsequent action to enjoin implementation of such covered practice4 ,in the event the ,attorney ,general affirmatively indicates that no objection will be made within the #fj-;day period following receipt of a submission1 the ,attorney ,general may reserve the right to reexamine the submission if additional information comes to the ,attorney ,general's attention during the remainder of the #fj-;day period which would otherwise require objection in accordance with this subsection4 7,c7 ,court ,any action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 7#b7 ,denying or abridging the right to vote ,any covered practice described in subsection 7b7 that has the purpose of or will have the effect of diminishing the ability of any citizens of the ,united ,states on account of race1 color1 or membership in a language minority group1 to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph 7#a74 7#c7 ,purpose defined ,the term purpose in paragraphs 7#a7 and 7#b7 shall include any discriminatory purpose4 7#d7 ,purpose of paragraph 7#b7 ,the purpose of paragraph 7#b7 is to protect the ability of such citizens to elect their preferred candidates of choice4 7d7 ,enforcement ,the ,attorney ,general or any aggrieved citizen may file an action in a district court of the ,united ,states to compel any ,state or political subdivision to satisfy the obligations set forth in this section4 ,such an action shall be heard and determined by a court of three judges under section #bbhd of title #bh1 ,united ,states ,code4 ,in any such action1 the court shall provide as a remedy that implementation of any voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 that is the subject of the action under this subsection be enjoined unless the court determines that-- 7#a7 the voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 is not a covered practice described in subsection 7b72 or 7#b7 the ,state or political subdivision has complied with subsection 7c7 with respect to the covered practice at issue4 7e7 ,counting of racial groups and language minority groups ,for purposes of this section1 the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance of the ,department of ,justice entitled ,guidance ,concerning ,redistricting ,under ,section #e of the ,voting ,rights ,act2 ,notice 7#gf ,fed4 ,reg4 #gdgj 7,february #i1 #bjaa774 7f7 ,special rule ,for purposes of determinations under this section1 any data provided by the ,bureau of the ,census1 whether based on estimation from a sample or actual enumeration1 shall not be subject to challenge or review in any court4 7g7 ,multilingual voting materials ,in this section1 the term multilingual voting materials means registration or voting notices1 forms1 instructions1 assistance1 or other materials or information relating to the electoral process1 including ballots1 provided in the language or languages of one or more language minority groups4 4 #ijjf4 ,promoting transparency to enforce the ,voting ,rights ,act 7a7 ,transparency ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is amended by inserting after section #e the following3 #f4 ,transparency regarding changes to protect voting rights 7a7 ,notice of enacted changes 7#a7 ,notice of ,changes ,if a ,state or political subdivision makes any change in any qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting in any election for ,federal office that will result in the qualification or prerequisite1 standard1 practice1 or procedure being different from that which was in effect as of #ahj days before the date of the election for ,federal office1 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the website of the ,state or political subdivision1 of a concise description of the change1 including the difference between the changed qualification or prerequisite1 standard1 practice1 or procedure and the qualification1 prerequisite1 standard1 practice1 or procedure which was previously in effect4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the website of a ,state or political subdivision1 shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 7#b7 ,deadline for notice ,a ,state or political subdivision shall provide the public notice required under paragraph 7#a7 not later than #dh hours after making the change involved4 7b7 ,transparency ,regarding ,polling ,place ,resources 7#a7 ,in general ,in order to identify any changes that may impact the right to vote of any person1 prior to the #cjth day before the date of an election for ,federal office1 each ,state or political subdivision with responsibility for allocating registered voters1 voting machines1 and official poll workers to particular precincts and polling places shall provide reasonable public notice in such ,state or political subdivision and on the website of a ,state or political subdivision1 of the information described in paragraph 7#b7 for precincts and polling places within such ,state or political subdivision4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the website of a ,state or political subdivision1 shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 7#b7 ,information described ,the information described in this paragraph with respect to a precinct or polling place is each of the following3 7,a7 ,the name or number4 7,b7 ,in the case of a polling place1 the location1 including the street address1 and whether such polling place is accessible to persons with disabilities4 7,c7 ,the voting-age population of the area served by the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,d7 ,the number of registered voters assigned to the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,e7 ,the number of voting machines assigned1 including the number of voting machines accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 7,f7 ,the number of official paid poll workers assigned4 7,g7 ,the number of official volunteer poll workers assigned4 7,h7 ,in the case of a polling place1 the dates and hours of operation4 7#c7 ,updates in information reported ,if a ,state or political subdivision makes any change in any of the information described in paragraph 7#b71 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the website of a ,state or political subdivision1 of the change in the information not later than #dh hours after the change occurs or1 if the change occurs fewer than #dh hours before the date of the election for ,federal office1 as soon as practicable after the change occurs4 ,the public notice described in this paragraph and published on the website of a ,state or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 7c7 ,transparency of ,changes ,relating to ,demographics and ,electoral ,districts 7#a7 ,requiring public notice of changes ,not later than #aj days after making any change in the constituency that will participate in an election for ,federal1 ,state1 or local office or the boundaries of a voting unit or electoral district in an election for ,federal1 ,state1 or local office 7including through redistricting1 reapportionment1 changing from at-large elections to district-based elections1 or changing from district-based elections to at-large elections71 a ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the website of a ,state or political subdivision1 of the demographic and electoral data described in paragraph 7#c7 for each of the geographic areas described in paragraph 7#b74 7#b7 ,geographic areas described ,the geographic areas described in this paragraph are as follows3 7,a7 ,the ,state as a whole1 if the change applies statewide1 or the political subdivision as a whole1 if the change applies across the entire political subdivision4 7,b7 ,if the change includes a plan to replace or eliminate voting units or electoral districts1 each voting unit or electoral district that will be replaced or eliminated4 7,c7 ,if the change includes a plan to establish new voting units or electoral districts1 each such new voting unit or electoral district4 7#c7 ,demographic and electoral data ,the demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph 7#b7 are each of the following3 7,a7 ,the voting-age population1 broken down by demographic group4 7,b7 ,the number of registered voters1 broken down by demographic group if such breakdown is reasonably available to the ,state or political subdivision involved4 7,c7 7i7 ,if the change applies to a ,state1 the actual number of votes1 or 7if it is not reasonably practicable for the ,state to ascertain the actual number of votes7 the estimated number of votes received by each candidate in each statewide election held during the #e-year period which ends on the date the change involved is made2 and 7ii7 if the change applies to only one political subdivision1 the actual number of votes1 or 7if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes7 the estimated number of votes in each subdivision-wide election held during the #e-year period which ends on the date the change involved is made4 7#d7 ,voluntary ,compliance by smaller jurisdictions ,compliance with this subsection shall be voluntary for a political subdivision of a ,state unless the subdivision is one of the following3 7,a7 ,a county or parish4 7,b7 ,a municipality with a population greater than #aj1jjj1 as determined by the ,bureau of the ,census under the most recent decennial census4 7,c7 ,a school district with a population greater than #aj1jjj1 as determined by the ,bureau of the ,census under the most recent decennial census4 ,for purposes of this subparagraph1 the term school district means the geographic area under the jurisdiction of a local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife74 7d7 ,rules ,regarding ,format of ,information ,the ,attorney ,general may issue rules specifying a reasonably convenient and accessible format that ,states and political subdivisions shall use to provide public notice of information under this section4 7e7 ,no denial of right ,to vote ,the right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a ,state or political subdivision to a voting qualification1 prerequisite1 standard1 practice1 or procedure if the ,state or political subdivision involved did not meet the applicable requirements of this section with respect to the change4 7f7 ,definitions ,in this section-- 7#a7 the term demographic group means each group which section #b protects from the denial or abridgement of the right to vote on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b72 7#b7 the term election for ,federal office means any general1 special1 primary1 or runoff election held solely or in part for the purpose of electing any candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,senator1 ,member of the ,house of ,representatives1 or ,delegate or ,resident ,commissioner to the ,congress2 and 7#c7 the term persons with disabilities1 means individuals with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij4 4 7b7 ,effective ,date ,the amendment made by subsection 7a77#a7 shall apply with respect to changes which are made on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #ijjg4 ,authority to assign observers 7a7 ,clarification of ,authority in ,political ,subdivisions ,subject to ,preclearance ,section #h7;a77#b77;,b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77#b77;,b77 is amended to read as follows3 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is otherwise necessary to enforce the guarantees of the #adth or #aeth ,amendment or any provision of this ,act or any other ,federal law protecting the right of citizens of the ,united ,states to vote2 or 4 7b7 ,assignment of ,observers ,to ,enforce ,bilingual ,election ,requirements ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcje7;a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 the ,attorney ,general certifies with respect to a political subdivision that-- 7,a7 the ,attorney ,general has received written meritorious complaints from residents1 elected officials1 or civic participation organizations that efforts to violate section #bjc are likely to occur2 or 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is necessary to enforce the guarantees of section #bjc2 2 and 7#c7 by moving the margin for the continuation text following paragraph 7#c71 as added by paragraph 7#b7 of this subsection1 #b ems to the left4 7c7 ,transferral of authority over observers to the ,attorney ,general 7#a7 ,enforcement proceedings ,section #c7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;a77 is amended by striking ,united ,states ,civil ,service ,commission in accordance with section #f and inserting ,attorney ,general in accordance with section #h4 7#b7 ,observers2 appointment and compensation ,section #h of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7 is amended-- 7,a7 in subsection 7a71 in the flush matter at the end1 by striking ,director of the ,office of ,personnel ,management shall assign as many observers for such subdivision as the ,director and inserting ,attorney ,general shall assign as many observers for such subdivision as the ,attorney ,general2 7,b7 in subsection 7c71 by striking ,director of the ,office of ,personnel ,management and inserting ,attorney ,general2 and 7,c7 in subsection 7c71 by adding at the end the following3 ,the ,director of the ,office of ,personnel ,management may1 with the consent of the ,attorney ,general1 assist in the selection1 recruitment1 hiring1 training1 or deployment of these or other individuals authorized by the ,attorney ,general for the purpose of observing whether persons who are entitled to vote are being permitted to vote and whether those votes are being properly tabulated44 7#c7 ,termination of certain appointments of observers ,section #ac7;a77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcji7;a77#a77 is amended by striking notifies the ,director of the ,office of ,personnel ,management1 and inserting determines14 #ijjh4 ,clarification of authority to seek relief 7a7 ,poll tax ,section #aj7;b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjf7;b77 is amended by striking the ,attorney ,general is authorized and directed to institute forthwith in the name of the ,united ,states such actions1 and inserting an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute such actions4 7b7 ,cause of action ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh7;d77 is amended to read as follows3 7d7 ,whenever there are reasonable grounds to believe that any person has engaged in1 or is about to engage in1 any act or practice that would 7#a7 deny any citizen the right to register1 to cast a ballot1 or to have that ballot counted properly and included in the appropriate totals of votes cast in violation of the #adth1 #aeth1 #aith1 #bdth1 or #bfth ,amendments to the ,constitution of the ,united ,states1 7#b7 violate subsection 7a7 or 7b7 of section #aa1 or 7#c7 violate any other provision of this ,act or any other ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group1 an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action for preventive relief1 including an application for a temporary or permanent injunction1 restraining order1 or other appropriate order4 ,nothing in this subsection shall be construed to create a cause of action for civil enforcement of criminal provisions of this or any other ,act4 4 7c7 ,judicial relief ,section #bjd of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejd7 is amended by striking the first sentence and inserting the following3 ,whenever there are reasonable grounds to believe that a ,state or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of this title1 an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action in a district court of the ,united ,states1 for a restraining order1 a preliminary or permanent injunction1 or such other order as may be appropriate44 7d7 ,enforcement of twenty-sixth amendment ,section #cja7;a77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajgja7;a77#a77 is amended to read as follows3 7a7 7#a7 ,an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action in a district court of the ,united ,states1 for a restraining order1 a preliminary or permanent injunction1 or such other order as may be appropriate to implement the #bfth ,amendment to the ,constitution of the ,united ,states4 4 #ijji4 ,preventive relief ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh7;d771 as amended by section #ajh1 is further amended by adding at the end the following3 7#b7 7,a7 ,in considering any motion for preliminary relief in any action for preventive relief described in this subsection1 the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard1 practice1 or procedure violates any of the provisions listed in section #aaa7;a77#a7 of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act and1 on balance1 the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted4 7,b7 ,in making its determination under this paragraph with respect to a change in any voting qualification1 prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 the court shall consider all relevant factors and give due weight to the following factors1 if they are present3 7i7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change was adopted as a remedy for a ,federal court judgment1 consent decree1 or admission regarding-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment to the ,constitution of the ,united ,states2 7,,ii7 a violation of the #aith1 #bdth1 or #bfth ,amendments to the ,constitution of the ,united ,states2 7,,iii7 a violation of this ,act2 or 7,,iv7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7ii7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment to the ,constitution of the ,united ,states2 7,,ii7 a violation of the #aith1 #bdth1 or #bfth ,amendment to the ,constitution of the ,united ,states2 7,,iii7 a violation of this ,act2 or 7,,iv7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7iii7 ,whether the change was adopted fewer than #ahj days before the date of the election with respect to which the change is to take or takes effect4 7iv7 ,whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable ,federal or ,state law4 7#c7 ,a jurisdiction's inability to enforce its voting or election laws1 regulations1 policies1 or redistricting plans1 standing alone1 shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the ,constitution or any ,federal law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group in the voting process1 for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section #abec of title #bh1 ,united ,states ,code1 is warranted4 4 #ijaj4 ,bilingual election requirements ,section #bjc7;b77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7;b77#a77 is amended by striking #bjcb and inserting #bjcg4 #ijaa4 ,relief for violations of voting rights laws 7a7 ,in general 7#a7 ,relief for violations of voting rights laws ,in this section1 the term prohibited act or practice means-- 7,a7 any act or practice-- 7i7 that creates an undue burden on the fundamental right to vote in violation of the #adth ,amendment to the ,constitution of the ,united ,states or violates the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states2 or 7ii7 that is prohibited by the #aeth1 #aith1 #bdth1 or #bfth ,amendment to the ,constitution of the ,united ,states1 section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja71 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq471 the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq471 the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjaja et seq471 or section #bjjc of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajajb72 and 7,b7 any act or practice in violation of any ,federal law that prohibits discrimination with respect to voting1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#b7 ,rule of construction ,nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any ,federal law4 7#c7 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting a provision described in section #aaa7;a77#a7 of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba1 after title ,,vi of the ,civil ,rights ,act of #aifd14 7b7 ,grounds for equitable relief ,in any action for equitable relief pursuant to a law listed under subsection 7a71 proximity of the action to an election shall not be a valid reason to deny such relief1 or stay the operation of or vacate the issuance of such relief1 unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief4 7#a7 ,in general ,in considering whether to grant1 deny1 stay1 or vacate any order of equitable relief1 the court shall give substantial weight to the public's interest in expanding access to the right to vote4 ,a ,state's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted4 7#b7 ,presumptive safe harbor ,where equitable relief is sought either within #cj days of the adoption or reasonable public notice of the challenged policy or practice1 or more than #fj days before the date of an election to which the relief being sought will apply1 proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief4 7c7 ,grounds for stay or vacatur in ,federal claims involving voting rights 7#a7 ,prospective effect ,in reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection 7a71 a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review4 ,in fashioning a stay or vacatur1 a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order4 7#b7 ,written explanation ,no stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest1 including the public's interest in expanding access to the ballot1 will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest4 ,in reviewing an application for a stay or vacatur of equitable relief1 findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous4 #ijab4 ,protection of tabulated votes ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended-- 7#a7 in section #aa-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,no person acting under color of law shall-- 7#a7 fail or refuse to permit any person to vote who is entitled to vote under ,federal law or is otherwise qualified to vote2 7#b7 willfully fail or refuse to tabulate1 count1 and report such person's vote2 or 7#c7 willfully fail or refuse to certify the aggregate tabulations of such persons' votes or certify the election of the candidates receiving sufficient such votes to be elected to office4 2 and 7,b7 in subsection 7b71 by inserting subsection 7a7 or after duties under2 and 7#b7 in section #ab-- 7,a7 in subsection 7b7-- 7i7 by striking a year following an election in a political subdivision in which an observer has been assigned and inserting #bb months following an election for ,federal office2 and 7ii7 by adding at the end the following3 ,whenever the ,attorney ,general has reasonable grounds to believe that any person has engaged in or is about to engage in an act in violation of this subsection1 the ,attorney ,general may institute 7in the name of the ,united ,states7 a civil action in ,federal district court seeking appropriate relief42 7,b7 in subsection 7c71 by inserting or solicits a violation of after conspires to violate2 and 7,c7 in subsection 7e71 by striking the first and second sentences and inserting the following3 ,if1 after the closing of the polls in an election for ,federal office1 persons allege that notwithstanding 7#a7 their registration by an appropriate election official and 7#b7 their eligibility to vote in the political subdivision1 their ballots have not been counted in such election1 and if upon prompt receipt of notifications of these allegations1 the ,attorney ,general finds such allegations to be well founded1 the ,attorney ,general may forthwith file with the district court an application for an order providing for the counting and certification of the ballots of such persons and requiring the inclusion of their votes in the total vote for all applicable offices before the results of such election shall be deemed final and any force or effect given thereto44 #ijac4 ,enforcement of ,voting ,rights by ,attorney ,general ,section #ab of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh71 as amended by this ,act1 is further amended by adding at the end the following3 7g7 ,voting ,rights ,enforcement by ,attorney ,general 7#a7 ,in general ,in order to fulfill the ,attorney ,general's responsibility to enforce this ,act and other ,federal laws that protect the right to vote1 the ,attorney ,general 7or upon designation by the ,attorney ,general1 the ,assistant ,attorney ,general for ,civil ,rights7 is authorized1 before commencing a civil action1 to issue a demand for inspection and information in writing to any ,state or political subdivision1 or other governmental representative or agent1 with respect to any relevant documentary material that the ,attorney ,general has reason to believe is within their possession1 custody1 or control4 ,a demand by the ,attorney ,general under this subsection may require-- 7,a7 the production of such documentary material for inspection and copying2 7,b7 answers in writing to written questions with respect to such documentary material2 or 7,c7 both the production described under subparagraph 7,a7 and the answers described under subparagraph 7,b74 7#b7 ,contents of an ,attorney ,general demand 7,a7 ,in general ,any demand issued under paragraph 7#a71 shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting1 or other voting related matter or issue1 whose lawfulness the ,attorney ,general is investigating and to identify the ,federal law that protects the right to vote under which the investigation is being conducted4 ,the demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such investigation4 ,documentary material includes any material upon which relevant information is recorded1 and includes written or printed materials1 photographs1 tapes1 or materials upon which information is electronically or magnetically recorded4 ,such demands shall be aimed at the ,attorney ,general having the ability to inspect and obtain copies of relevant materials 7as well as obtain information7 related to voting and are not aimed at the ,attorney ,general taking possession of original records1 particularly those that are required to be retained by ,state and local election officials under ,federal or ,state law4 7,b7 ,no requirement for production ,any demand issued under paragraph 7#a7 may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the ,federal ,rules of ,civil ,procedure in an action in which the ,attorney ,general or the ,united ,states is a party4 7,c7 ,documentary material ,if the demand issued under paragraph 7#a7 requires the production of documentary material1 it shall-- 7i7 identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified2 and 7ii7 prescribe a return date for production of the documentary material at least #bj days after issuance of the demand to give the ,state or political subdivision1 or other governmental representative or agent1 a reasonable period of time for assembling the documentary material and making it available for inspection and copying4 7,d7 ,answers to written questions ,if the demand issued under paragraph 7#a7 requires answers in writing to written questions1 it shall-- 7i7 set forth with specificity the written question to be answered2 and 7ii7 prescribe a date at least #bj days after the issuance of the demand for submitting answers in writing to the written questions4 7,e7 ,service ,a demand issued under paragraph 7#a7 may be served by a ,united ,states marshal or a deputy marshal1 or by certified mail1 at any place within the territorial jurisdiction of any court of the ,united ,states4 7#c7 ,responses to an ,attorney ,general demand ,a ,state or political subdivision1 or other governmental representative or agent1 shall1 with respect to any documentary material or any answer in writing produced under this subsection1 provide a sworn certificate1 in such form as the demand issued under paragraph 7#a7 designates1 by a person having knowledge of the facts and circumstances relating to such production or written answer1 authorized to act on behalf of the ,state or political subdivision1 or other governmental representative or agent1 upon which the demand was served4 ,the certificate-- 7,a7 shall state that-- 7i7 all of the documentary material required by the demand and in the possession1 custody1 or control of the ,state or political subdivision1 or other governmental representative or agent1 has been produced2 7ii7 with respect to every answer in writing to a written question1 all information required by the question and in the possession1 custody1 control1 or knowledge of the ,state or political subdivision1 or other governmental representative or agent1 has been submitted2 or 7iii7 the requirements described in both clause 7i7 and clause 7ii7 have been met2 or 7,b7 provide the basis for any objection to producing the documentary material or answering the written question4 ,to the extent that any information is not furnished1 the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished4 7#d7 ,judicial proceedings 7,a7 ,petition for enforcement ,whenever any ,state or political subdivision1 or other governmental representative or agent1 fails to comply with demand issued by the ,attorney ,general under paragraph 7#a71 the ,attorney ,general may file1 in a district court of the ,united ,states in which the ,state or political subdivision1 or other governmental representative or agent1 is located1 a petition for a judicial order enforcing the ,attorney ,general demand issued under paragraph 7#a74 7,b7 ,petition to modify 7i7 ,in general ,any ,state or political subdivision1 or other governmental representative or agent1 that is served with a demand issued by the ,attorney ,general under paragraph 7#a7 may file in the ,united ,states ,district ,court for the ,district of ,columbia a petition for an order of the court to modify or set aside the demand of the ,attorney ,general4 7ii7 ,petition to modify ,any petition to modify or set aside a demand of the ,attorney ,general issued under paragraph 7#a7 must be filed within #bj days after the date of service of the ,attorney ,general's demand or at any time before the return date specified in the ,attorney ,general's demand1 whichever date is earlier4 7iii7 ,contents of petition ,the petition shall specify each ground upon which the petitioner relies in seeking relief under clause 7i71 and may be based upon any failure of the ,attorney ,general's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the ,state or political subdivision1 or other governmental representative or agent4 ,during the pendency of the petition in the court1 the court may stay1 as it deems proper1 the running of the time allowed for compliance with the ,attorney ,general's demand1 in whole or in part1 except that the ,state or political subdivision1 or other governmental representative or agent1 filing the petition shall comply with any portions of the ,attorney ,general's demand not sought to be modified or set aside4 4 #ijad4 ,definitions ,title ,i of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja7 is amended by adding at the end the following3 #ba4 ,definitions ,in this ,act3 7#a7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,indian lands ,the term ,indian lands means-- 7,a7 any ,indian country of an ,indian tribe1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7,b7 any land in ,alaska that is owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act1 by an ,indian tribe that is a ,native village 7as such term is defined in section #c of such ,act71 or by a ,village ,corporation that is associated with the ,indian tribe 7as such term is defined in section #c of such ,act72 7,c7 any land on which the seat of government of the ,indian tribe is located2 and 7,d7 any land that is part or all of a tribal designated statistical area associated with the ,indian tribe1 or is part or all of an ,alaska ,native village statistical area associated with the tribe1 as defined by the ,bureau of the ,census for the purposes of the most recent decennial census4 7#c7 ,indian ,tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#d7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of an ,indian ,tribe4 7#e7 ,voting-age population ,the term voting-age population means the numerical size of the population within a ,state1 within a political subdivision1 or within a political subdivision that contains ,indian lands1 as the case may be1 that consists of persons age #ah or older1 as calculated by the ,bureau of the ,census under the most recent decennial census4 4 #ijae4 ,attorneys' fees ,section #ad7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcaj7;c77 is amended by adding at the end the following3 7#d7 ,the term prevailing party means a party to an action that receives at least some of the benefit sought by such action1 states a colorable claim1 and can establish that the action was a significant cause of a change to the status quo4 4 #ijaf4 ,other technical and conforming amendments 7a7 ,actions ,covered ,under ,section #c ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 is amended-- 7#a7 by striking any proceeding instituted by the ,attorney ,general or an aggrieved person under any statute to enforce and inserting any action under any statute in which a party 7including the ,attorney ,general7 seeks to enforce2 and 7#b7 by striking at the time the proceeding was commenced and inserting at the time the action was commenced4 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;f7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking the second sentence2 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7c7 ,period ,during ,which ,changes in ,voting ,practices are ,subject to ,preclearance ,under ,section #e ,section #e of such ,act 7#eb ,u4,s4,c4 #ajcjd7 is amended-- 7#a7 in subsection 7a71 by striking based upon determinations made under the first sentence of section #d7;b7 are in effect and inserting are in effect during a calendar year2 7#b7 in subsection 7a71 by striking ,november #a1 #aifd and all that follows through ,november #a1 #aigb and inserting the applicable date of coverage2 and 7#c7 by adding at the end the following new subsection3 7e7 ,the term applicable date of coverage means1 with respect to a ,state or political subdivision-- 7#a7 ,january #a1 #bjba1 if the most recent determination for such ,state or subdivision under section #d7;b7 was made during the first calendar year in which determinations are made following the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba2 or 7#b7 the date on which the most recent determination for such ,state or subdivision under section #d7;b7 was made following the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba1 if the most recent determination for such ,state or subdivision under section #d7;b7 was made after the first calendar year in which determinations are made following the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba4 4 7d7 ,review of preclearance submission under section #e due to exigency ,section #e of such ,act 7#eb ,u4,s4,c4 #ajcjd7 is amended1 in subsection 7a71 by inserting ,an exigency1 including a natural disaster1 inclement weather1 or other unforeseeable event1 requiring such different qualification1 prerequisite1 standard1 practice1 or procedure within #cj days of a ,federal1 ,state1 or local election shall constitute good cause requiring the ,attorney ,general to expedite consideration of the submission4 ,to the extent feasible1 expedited consideration shall consider the views of individuals affected by the different qualification1 prerequisite1 standard1 practice1 or procedure4 after will not be made44 #ijag4 ,severability ,if any provision of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjba or any amendment made by this title1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional or is otherwise enjoined or unenforceable1 the remainder of this title and amendments made by this title1 and the application of the provisions and amendments to any other person or circumstance1 and any remaining provision of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 shall not be affected by the holding4 ,in addition1 if any provision of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 or any amendment to the ,voting ,rights ,act of #aife1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional or is otherwise enjoined or unenforceable1 the application of the provision and amendment to any other person or circumstance1 and any remaining provisions of the ,voting ,rights ,act of #aife1 shall not be affected by the holding4 #ijah4 ,grants to assist with notice requirements under the ,voting ,rights ,act of #aife 7a7 ,in general ,the ,attorney ,general shall make grants each fiscal year to small jurisdictions who submit applications under subsection 7b7 for purposes of assisting such small jurisdictions with compliance with the requirements of the ,voting ,rights ,act of #aife to submit or publish notice of any change to a qualification1 prerequisite1 standard1 practice or procedure affecting voting4 7b7 ,application ,to be eligible for a grant under this section1 a small jurisdiction shall submit an application to the ,attorney ,general in such form and containing such information as the ,attorney ,general may require regarding the compliance of such small jurisdiction with the provisions of the ,voting ,rights ,act of #aife4 7c7 ,small jurisdiction defined ,for purposes of this section1 the term small jurisdiction means any political subdivision of a ,state with a population of #aj1jjj or less4 ,b ,election ,worker and ,polling ,place ,protection #iaja4 ,short title ,this title may be cited as the ,election ,worker and ,polling ,place ,protection ,act4 #iajb4 ,election worker and polling place protection ,section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by adding at the end the following3 7f7 7#a7 ,whoever1 whether or not acting under color of law1 by force or threat of force1 or violence1 or threat of harm to any person or property1 willfully intimidates or interferes with1 or attempts to intimidate or interfere with1 the ability of any person or any class of persons to vote or qualify to vote1 or to qualify or act as a poll watcher1 or any legally authorized election official1 in any primary1 special1 or general election1 or any person who is1 or is employed by1 an agent1 contractor1 or vendor of a legally authorized election official assisting in the administration of any primary1 special1 or general election1 shall be fined not more than #e1jjj1 or imprisoned not more than one year1 or both2 and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 shall be fined not more than #e1jjj or imprisoned not more than #e years1 or both4 7#b7 ,whoever1 whether or not acting under color of law1 willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure1 with the intent to interfere with the administration of an election or the tabulation or certification of votes1 shall be fined not more than #e1jjj1 or imprisoned not more than one year1 or both2 and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 shall be fined not more than #e1jjj or imprisoned not more than #e years1 or both4 7#c7 ,for purposes of this subsection1 de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection4 7#d7 ,for purposes of this subsection1 the term election infrastructure means any office of an election official1 staff1 worker1 or volunteer or any physical1 mechanical1 or electrical device1 structure1 or tangible item used in the process of creating1 distributing1 voting1 returning1 counting1 tabulating1 auditing1 storing1 or other handling of voter registration or ballot information4 7g7 ,no prosecution of any offense described in this subsection may be undertaken by the ,united ,states1 except under the certification in writing of the ,attorney ,general1 or a designee1 that-- 7#a7 the ,state does not have jurisdiction2 7#b7 the ,state has requested that the ,federal ,government assume jurisdiction2 or 7#c7 a prosecution by the ,united ,states is in the public interest and necessary to secure substantial justice4 4 ,c ,native ,american ,voting ,rights ,act #ibja4 ,short title ,this title may be cited as the ,frank ,harrison1 ,elizabeth ,peratrovich1 and ,miguel ,trujillo ,native ,american ,voting ,rights ,act of #bjba4 #ibjb4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,constitution explicitly and implicitly grants ,congress broad general powers to legislate on issues relating to ,indian ,tribes1 powers consistently described as plenary and exclusive4 ,these powers arise from the grant of authority in the ,indian ,commerce ,clause and through legislative matters arising under the ,treaty ,clause4 7#b7 ,the ,federal ,government is responsible for upholding the obligations to which the ,federal ,government has agreed through treaties1 legislation1 and executive orders1 referred to as the ,federal trust responsibility toward ,indian ,tribes and their members4 7#c7 ,the ,supreme ,court has repeatedly relied on the nature of this government to government relationship between the ,united ,states and sovereign ,indian ,tribes for congressional authority to enact legislation that singles out ,indians for particular and special treatment4 ,morton v4 ,mancari1 #dag ,u4,s4 #ece1 #eed-eee 7#aigd74 7#d7 ,legislation removing barriers to ,native ,american voting is vital for the fulfillment of ,congress' unique obligation toward ,indians1 particularly ensuring that ,native ,american voters are fully included as qualified members of the modern body politic4 ,board of ,county ,comm'rs v4 ,seber1 #cah ,u4,s4 #gje1 #gae 7#aidc74 7#e7 ,under the ,elections ,clause of article ,i1 section #d of the ,constitution1 ,congress has additional power to regulate any election conducted to select ,members of ,congress4 ,taken together1 the ,indian ,commerce ,clause and the ,election ,clause give ,congress broad authority to enact legislation to safeguard the voting rights of ,native ,american voters4 7#f7 ,despite ,congress' decision to grant ,native ,americans ,federal citizenship1 and with it the protections of the ,fifteenth ,amendment1 with passage of the ,act of ,june #b1 #aibd 7,chapter #bcc2 #dc ,stat4 #bec7 7commonly known as the ,indian ,citizenship ,act of #aibd71 ,states continued to deploy distinct methods for disenfranchising ,indians by enacting statutes to exclude from voter rolls ,indians living on ,indian lands1 requiring that ,indians first terminate their relationship with their ,indian ,tribe1 restricting the right to vote on account of a ,tribal member's guardianship status1 and imposing literacy tests4 7#g7 ,barriers to voter access for ,native ,americans persist today1 and such barriers range from obstructing voter access to vote dilution and intentional malapportionment of electoral districts4 7#h7 ,the ,native ,american ,voting ,rights ,coalition's nine field hearings in ,indian ,country and four-,state survey of voter discrimination revealed a number of additional obstacles that ,native ,americans must overcome in some ,states1 including-- 7,a7 a lack of accessible registration and polling sites1 either due to conditions such as geography1 lack of paved roads1 the absence of reliable and affordable broadband connectivity1 and restrictions on the time1 place1 and manner that eligible people can register and vote1 including unequal opportunities for absentee1 early1 mail-in1 and in-person voting2 7,b7 nontraditional or nonexistent addresses for residents on ,indian reservations1 lack of residential mail delivery and pick up1 reliance on distant post offices with abbreviated operating hours for mail services1 insufficient housing units1 overcrowded homes1 and high incidence of housing insecurity and homelessness1 lack of access to vehicles1 and disproportionate poverty which make voter registration1 acquisition and dropping off of mail-in ballots1 receipt of voting information and materials1 and securing required identification difficult1 if not impossible2 7,c7 inadequate language assistance for ,tribal members1 including lack of outreach and publicity1 the failure to provide complete1 accurate1 and uniform translations of all voting materials in the relevant ,native language1 and an insufficient number of trained bilingual poll workers2 and 7,d7 voter identification laws that discriminate against ,native ,americans4 7#i7 ,the ,department of ,justice and courts also recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized ,indian ,tribes for more accessible voter registration sites and in-person voting locations4 7#aj7 ,according to the ,national ,congress of ,american ,indians1 there is a wide gap between the voter registration and turnout rates of eligible ,american ,indians and ,alaska ,natives and the voter registration and turnout rates of non-,hispanic ,white and other racial and ethnic groups4 7#aa7 ,despite these obstacles1 the ,native ,american vote continues to play a significant role in ,federal1 ,state1 and local elections4 7#ab7 ,in ,alaska1 ,new ,mexico1 ,oklahoma1 and ,south ,dakota1 ,native ,americans1 ,american ,indians1 and ,alaska ,natives comprise approximately #aj percent or more of the voting population4 7#ac7 ,the ,native ,american vote also holds great potential1 with over #a1jjj1jjj voters who are eligible to vote1 but are not registered to vote4 7b7 ,purposes ,the purposes of this title are-- 7#a7 to fulfill the ,federal ,government's trust responsibility to protect and promote ,native ,americans' exercise of their constitutionally guaranteed right to vote1 including the right to register to vote and the ability to access all mechanisms for voting2 7#b7 to establish ,tribal administrative review procedures for a specific subset of ,state actions that have been used to restrict access to the polls on ,indian lands2 7#c7 to expand voter registration under the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 to cover ,federal facilities2 7#d7 to afford equal treatment to forms of identification unique to ,indian ,tribes and their members2 7#e7 to ensure ,american ,indians and ,alaska ,natives experiencing homelessness1 housing insecurity1 or lacking residential mail pickup and delivery can pool resources to pick up and return ballots2 7#f7 to clarify the obligations of ,states and political subdivisions regarding the provision of translated voting materials for ,american ,indians and ,alaska ,natives under section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc72 7#g7 to provide ,tribal leaders with a direct pathway to request ,federal election observers and to allow public access to the reports of those election observers2 7#h7 to study the prevalence of nontraditional or nonexistent mailing addresses in ,native communities and identify solutions to voter access that arise from the lack of an address2 and 7#i7 to direct the ,department of ,justice to consult on an annual basis with ,indian ,tribes on issues related to voting4 #ibjc4 ,definitions ,in this title3 7#a7 ,attorney general ,the term ,attorney ,general means the ,united ,states ,attorney ,general4 7#b7 ,indian2 ,indian lands2 ,indian ,tribe ,the terms ,indian1 ,indian lands1 and ,indian ,tribe have the meanings given those terms in section #ba of the ,voting ,rights ,act of #aife 7as added by section #ijad of this ,act74 7#c7 ,polling place ,the term polling place means any location where a ballot is cast in elections for ,federal office1 and includes a voter center1 poll1 polling location1 or polling place1 depending on the ,state nomenclature4 #ibjd4 ,establishment of a ,native ,american voting task force grant program 7a7 ,in general ,the ,united ,states ,election ,assistance ,commission 7referred to in this section as the 8,commission07 shall establish and administer1 in coordination with the ,department of the ,interior1 a ,native ,american voting task force grant program1 through which the ,commission shall provide financial assistance to eligible applicants to enable those eligible applicants to establish and operate a ,native ,american ,voting ,task ,force in each ,state with a federally recognized ,indian ,tribe4 7b7 ,purposes ,the purposes of the ,native ,american voting task force grant program are to-- 7#a7 increase voter outreach1 education1 registration1 and turnout in ,native ,american communities2 7#b7 increase access to the ballot for ,native ,american communities1 including additional satellite1 early voting1 and absentee voting locations2 7#c7 streamline and reduce inconsistencies in the voting process for ,native ,americans2 7#d7 provide1 in the community's dominant language1 educational materials and classes on ,indian lands about candidacy filing2 7#e7 train and educate ,state and local employees1 including poll workers1 about-- 7,a7 the language assistance and voter assistance requirements under sections #bjc and #bjh of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc2 #ajejh72 7,b7 voter identification laws as affected by section #ijjh of this title2 and 7,c7 the requirements of ,tribes1 ,states1 and precincts established under this title2 7#f7 identify model programs and best practices for providing language assistance to ,native ,american communities2 7#g7 provide nonpartisan poll watchers on election day in ,native ,american communities2 7#h7 participate in and evaluate future redistricting efforts2 7#i7 address issues of internet connectivity as it relates to voter registration and ballot access in ,native ,american communities2 7#aj7 work with ,indian ,tribes1 ,states1 and the ,federal ,government to establish mailing addresses that comply with applicable ,state and ,federal requirements for receipt of voting information and materials2 and 7#aa7 facilitate collaboration between local election officials1 ,native ,american communities1 and ,tribal elections offices4 7c7 ,eligible applicant ,the term eligible applicant means-- 7#a7 an ,indian ,tribe2 7#b7 a ,secretary of ,state of a ,state1 or another official of a ,state entity responsible for overseeing elections2 7#c7 a nonprofit organization that works1 in whole or in part1 on voting issues2 or 7#d7 a consortium of entities described in paragraphs 7#a7 through 7#c74 7d7 ,application and selection process 7#a7 ,in general ,the ,commission1 in coordination with the ,department of the ,interior and following consultation with ,indian ,tribes about the implementation of the ,native ,american voting task force grant program1 shall establish guidelines for the process by which eligible applicants will submit applications4 7#b7 ,applications ,each eligible applicant desiring a grant under this section shall submit an application1 according to the process established under paragraph 7#a71 and at such time1 in such manner1 and containing such information as the ,commission may require4 ,such application shall include-- 7,a7 a certification that the applicant is an eligible applicant2 7,b7 a proposed work plan addressing how the eligible applicant will establish and administer a ,native ,american ,voting ,task ,force that achieves the purposes described in subsection 7b72 7,c7 if the eligible applicant is a consortium as described in subsection 7c77#d71 a description of the proposed division of responsibilities between the participating entities2 7,d7 an explanation of the time period that the proposed ,native ,american ,voting ,task ,force will cover1 which shall be a time period that is not more than #c years2 and 7,e7 the goals that the eligible applicant desires to achieve with the grant funds4 7e7 ,uses of funds ,a grantee receiving funds under this section shall use such funds to carry out one or more of the activities described in subsection 7b71 through the grantee's ,native ,american ,voting ,task ,force4 7f7 ,reports 7#a7 ,report to the ,commission 7,a7 ,in ,general ,not later than #a year after the date on which an eligible applicant receives grant funds under this section1 and annually thereafter for the duration of the grant1 each eligible applicant shall prepare and submit a written report to the ,commission describing the eligible applicant's progress in achieving the goals outlined in the application under subsection 7d77#b74 7,b7 ,response ,not later than #cj days after the date on which the ,commission receives the report described in paragraph 7#a71 the ,commission will provide feedback1 comments1 and input to the eligible applicant in response to such report4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this title1 and annually thereafter1 the ,commission shall prepare and submit a report to the ,committee on ,indian ,affairs of the ,senate and ,committee on ,natural ,resources of the ,house of ,representatives containing the results of the reports described under paragraph 7#a74 7g7 ,relationship with other laws ,nothing in this section reduces ,state or local obligations provided for by the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq471 the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 or any other ,federal law or regulation related to voting or the electoral process4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbb through #bjcg4 #ibje4 ,voter registration sites at ,indian service providers and on ,indian lands ,section #g7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and after the semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,c7 any ,federal facility or federally funded facility that is primarily engaged in providing services to an ,indian ,tribe2 and 7,d7 not less than one ,federal facility or federally funded facility that is located within the ,indian lands of an ,indian ,tribe1 as applicable1 7which may be the ,federal facility or federally funded facility described in subparagraph 7,c774 2 and 7#b7 by adding at the end the following3 7#h7 ,where practicable1 each ,federal agency that operates a ,federal facility or a federally funded facility that is a designated voter registration agency in accordance with subparagraph 7,c7 or 7,d7 of paragraph 7#b7 shall designate one or more special days per year at a centralized location within the boundaries of the ,indian lands of each applicable ,indian ,tribe for the purpose of informing members of the ,indian ,tribe of the timing1 registration requirements1 and voting procedures in elections for ,federal office1 at no cost to the ,indian ,tribe4 4 #ibjf4 ,accessible ,tribal designated polling sites 7a7 ,in general 7#a7 ,designation of ,state officer ,each of the several ,states whose territory contains all or part of an ,indian ,tribe's ,indian lands shall designate an officer within that ,state who will be responsible for compliance with the provisions of this section and who shall periodically consult with the ,indian ,tribes located wholly or partially within that ,state regarding compliance with the provisions of this section and coordination between the ,state and the ,indian ,tribe4 ,the ,state shall provide written notice to each such ,indian ,tribe of the officer so designated4 7#b7 ,provision of polling places ,for each ,indian ,tribe that satisfies the obligations of subsection 7c71 and for each election for a ,federal official or ,state official that is held #ahj days or later after the date on which the ,indian ,tribe initially satisfies such obligations1 any ,state or political subdivision whose territory contains all or part of an ,indian ,tribe's ,indian lands-- 7,a7 shall provide a minimum of one polling place in each precinct in which there are eligible voters who reside on ,indian lands1 in a location selected by the ,indian ,tribe and at no cost to the ,indian ,tribe1 regardless of the population or number of registered voters residing on ,indian lands2 7,b7 shall not reduce the number of polling locations on ,indian lands based on population numbers2 7,c7 shall provide1 at no cost to the ,indian ,tribe1 additional polling places in locations on ,indian lands selected by an ,indian ,tribe and requested under subsection 7c7 if1 based on the totality of circumstances described in subsection 7b71 it is shown that not providing those additional polling places would result in members of the ,indian ,tribe and living on ,indian lands or other individuals residing on the ,indian ,tribe's ,indian lands having less opportunity to vote than eligible voters in that ,state or political subdivision who are not members of an ,indian ,tribe or do not reside on ,indian lands2 7,d7 shall1 at each polling place located on ,indian lands and at no cost to the ,indian ,tribe1 make voting machines1 tabulation machines1 official receptacles designated for the return of completed absentee ballots1 ballots1 provisional ballots1 and other voting materials available to the same or greater extent that such equipment and materials are made available at other polling places in the ,state or political subdivision that are not located on ,indian lands2 7,e7 shall1 at each polling place located on ,indian lands1 conduct the election using the same voting procedures that are used at other polling places in the ,state or political subdivision that are not located on ,indian lands1 or other voting procedures that provide greater access for voters2 7,f7 shall1 at each polling place located on ,indian lands and at no cost to the ,indian ,tribe1 make voter registration available during the period the polling place is open to the maximum extent allowable under ,state law2 7,g7 shall1 at each polling place located on ,indian lands1 provide training1 compensation1 and other benefits to election officials and poll workers at no cost to the ,indian ,tribe and1 at a minimum1 to the same or greater extent that such training1 compensation1 and benefits are provided to election officials and poll workers at other polling places in the ,state or political subdivision that are not located on ,indian lands2 7,h7 shall1 in all cases1 provide the ,indian ,tribe an opportunity to designate election officials and poll workers to staff polling places within the ,indian lands of the applicable ,indian ,tribe on every day that the polling places will be open2 7,i7 shall allow for any eligible voting member of the ,indian ,tribe or any eligible voting individual residing on ,indian lands to vote early or in person at any polling place on ,indian lands1 regardless of that member or individual's residence or residential address1 and shall not reject the ballot of any such member or individual on the grounds that the ballot was cast at the wrong polling place2 and 7,j7 may fulfill the ,state's obligations under subparagraphs 7,a7 and 7,c7 by relocating existing polling places1 by creating new polling places1 or both4 7b7 ,equitable opportunities ,to vote 7#a7 ,in ,general ,when assessing the opportunities to vote provided to members of an ,indian ,tribe and to other eligible voters in the ,state residing on ,indian lands in order to determine the number of additional polling places 7if any7 that a ,state or political subdivision must provide in accordance with subsection 7a77#b77;,c71 the ,state1 political subdivision1 or any court applying this section1 shall consider the totality of circumstances of-- 7,a7 the number of voting-age citizens assigned to each polling place2 7,b7 the distances that voters must travel to reach the polling places2 7,c7 the time that voters must spend traveling to reach the polling places1 including under inclement weather conditions2 7,d7 the modes of transportation1 if any1 that are regularly and broadly available to voters to use to reach the polling places2 7,e7 the existence of and access to frequent and reliable public transportation to the polling places2 7,f7 the length of lines and time voters waited to cast a ballot in previous elections2 and 7,g7 any other factor relevant to effectuating the aim of achieving equal voting opportunity for individuals living on ,indian lands4 7#b7 ,absence of factors ,when assessing the opportunities to vote in accordance with paragraph 7#a71 the ,state1 political subdivision1 or court shall ensure that each factor described in paragraph 7#a7 is considered regardless of whether any one factor would lead to a determination not to provide additional polling places under subsection 7a77#b77;,c74 7c7 ,form2 ,provision of form2 ,obligations of the ,indian ,tribe 7#a7 ,form ,the ,attorney ,general shall establish the form described in this subsection through which an ,indian ,tribe can fulfill its obligations under this subsection4 7#b7 ,provision of ,form ,each ,state or political subdivision whose territory contains all or part of an ,indian ,tribe's ,indian lands-- 7,a7 shall provide the form established under paragraph 7#a7 to each applicable ,indian ,tribe not less than #cj days prior to the deadline set by the ,state or political subdivision for completion of the obligations under this subsection 7which deadline shall be not less than #cj days prior to a ,federal election7 whereby an ,indian ,tribe can fulfill its obligations under this subsection by providing the information described in paragraph 7#c7 on that form and submitting the form back to the applicable ,state or political subdivision by such deadline2 7,b7 shall not edit the form established under paragraph 7#a7 or apply any additional obligations on the ,indian ,tribe with respect to this section2 and 7,c7 shall cooperate in good faith with the efforts of the ,indian ,tribe to satisfy the requirements of this subsection4 7#c7 ,obligations of the ,indian ,tribe ,the requirements for a ,state and political subdivision under subsection 7a77#b7 shall apply with respect to an ,indian ,tribe once an ,indian ,tribe meets the following obligations by completing the form specified in paragraph 7#a73 7,a7 ,the ,indian ,tribe specifies the number and locations of requested polling places1 early voting locations1 and ballot drop boxes to be provided on the ,indian lands of that ,indian ,tribe4 7,b7 ,the ,indian ,tribe certifies that curbside voting will be available for any facilities that lack accessible entrances and exits in accordance with ,federal and ,state law4 7,c7 ,the ,indian ,tribe certifies that the ,indian ,tribe will ensure that each such requested polling place will be open and available to all eligible voters who reside in the precinct or other geographic area assigned to such polling place1 regardless of whether such eligible voters are members of the ,indian ,tribe or of any other ,indian ,tribe4 7,d7 ,the ,indian ,tribe requests that the ,state or political subdivision shall designate election officials and poll workers to staff such requested polling places1 or certifies that the ,indian ,tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open4 7,e7 ,the ,indian ,tribe may request that the ,state or political subdivision provide absentee ballots without requiring an excuse1 an absentee ballot request1 or residential address to all eligible voters who reside in the precinct or other geographic area assigned to such polling place1 regardless of whether such eligible voters are members of the ,indian ,tribe or of any other ,indian ,tribe4 7#d7 ,established polling places ,once a polling place is established under subsection 7a77#b77;,a7 or subsection 7a77#b77;,c7 the ,tribe need not fill out the form designated under paragraph 7#a7 again unless or until that ,indian ,tribe requests modifications to the requests specified in the most recent form under paragraph 7#a74 7#e7 ,opt out ,at any time that is #fj days or more before the date of an election1 an ,indian ,tribe that previously has satisfied the obligations of paragraph 7#c7 may notify the ,state or political subdivision that the ,indian ,tribe intends to opt out of the standing obligation for one or more polling places that were established in accordance with subsection 7a77#b77;,a7 or subsection 7a77#b77;,c7 for a particular election or for all future elections4 ,a ,tribe may opt back in at any time4 7d7 ,federal polling sites ,each ,state shall designate as voter polling facilities any of the facilities identified in accordance with subparagraph 7,c7 or 7,d7 of section #g7;a77#b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77#b771 at no cost to the ,indian ,tribe1 provided that the facility meets the requirements of ,federal and ,state law as applied to other polling places within the ,state or political subdivision4 ,the applicable agency of the ,federal ,government shall ensure that such designated facilities are made available as polling places4 7e7 ,mail-,in balloting ,in ,states or political subdivisions that permit absentee or mail-in balloting1 the following shall apply with respect to an election for ,federal office3 7#a7 ,an ,indian ,tribe may designate at least one building per precinct as a ballot pickup and collection location 7referred to in this section as a tribally designated buildings7 at no cost to the ,indian ,tribe4 ,the applicable ,state or political subdivision shall collect and timely deposit all ballots from each tribally designated building4 7#b7 ,at the applicable ,tribe's request1 the ,state or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on ,indian lands in the ,state or political subdivision without requiring a residential address1 a mail-in or absentee ballot request1 or an excuse for a mail-in or absentee ballot4 7#c7 ,the address of a tribally designated building may serve as the residential address and mailing address for voters living on ,indian lands if the tribally designated building is in the same precinct as that voter4 7#d7 ,if there is no tribally designated building within the precinct of a voter residing on ,indian lands 7including if the tribally designated building is on ,indian lands but not in the same precinct as the voter71 the voter may-- 7,a7 use another tribally designated building within the ,indian lands where the voter is located2 or 7,b7 use such tribally designated building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address1 as specified in section #idbh4d7;a77#b7 of title #aa1 ,code of ,federal ,regulations4 7#e7 ,in the case of a ,state or political subdivision that is a covered ,state or political subdivision under section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc71 that ,state or political subdivision shall provide absentee or mail-in voting materials with respect to an election for ,federal office in the language of the applicable minority group as well as in the ,english language1 bilingual election voting assistance1 and written translations of all voting materials in the language of the applicable minority group1 as required by section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc71 as amended by this title4 7#f7 ,a ,state or political division shall make reasonable efforts to contact a voter who resides within ,indian lands located within its jurisdiction and offer such voter a reasonable opportunity to cure any defect in an absentee ballot issued to and completed and returned by the voter1 or appearing on or pertaining to the materials provided for the purpose of returning the absentee ballot1 if ,state law would otherwise require the absentee ballot to be rejected due to such defect and the defect does not compromise ballot secrecy or involve a lack of witness or assistant signature1 where such signature is mandated by ,state law4 7#g7 ,in a ,state or political subdivision that does not permit absentee or mail-in balloting for all eligible voters in the ,state or political subdivision1 that ,state or political subdivision shall nonetheless provide for absentee or mail-in balloting for voters who reside on ,indian lands consistent with this section if the ,state1 political subdivision1 or any court applying this section determines that the totality of circumstances described in subsection 7b7 warrants establishment of absentee or mail-in balloting for voters who reside on ,indian lands located within the jurisdiction of the ,state or political subdivision4 7f7 ,ballot drop boxes ,each ,state shall-- 7#a7 provide not less than one ballot drop box for each precinct on ,indian lands1 at no cost to the ,indian ,tribe1 at either the tribally designated building under subsection 7e77#b7 or an alternative site selected by the applicable ,indian ,tribe2 and 7#b7 provide additional drop boxes at either the tribally designated building under subsection 7e77#b7 or an alternative site selected by the applicable ,indian ,tribe if the ,state or political subdivision determines that additional ballot drop boxes should be provided based on the criteria considered under the totality of circumstances enumerated under subsection 7b74 7g7 ,early voting 7#a7 ,early voting locations ,in a ,state or political subdivision that permits early voting in an election for ,federal office1 that ,state or political subdivision shall provide not less than one early voting location for each precinct on ,indian lands1 at no cost to the ,indian ,tribe1 at a site selected by the applicable ,indian ,tribe1 to allow individuals living on ,indian lands to vote during an early voting period in the same manner as early voting is allowed on such date in the rest of the ,state or precinct4 ,additional early voting sites shall be determined based on the criteria considered under the totality of circumstances described in subsection 7b74 7#b7 ,length of period ,in a ,state or political subdivision that permits early voting in an election for ,federal office1 that ,state or political subdivision shall provide an early voting period with respect to that election that shall consist of a period of consecutive days 7including weekends7 which begins on the #aeth day before the date of the election 7or1 at the option of the ,state or political subdivision1 on a day prior to the #aeth day before the date of the election7 and ends on the date of the election for all early voting locations on ,indian lands4 7#c7 ,minimum early voting requirements ,each polling place that allows voting during an early voting period under this subsection shall-- 7,a7 allow such voting for no less than #aj hours on each day2 7,b7 have uniform hours each day for which such voting occurs2 and 7,c7 allow such voting to be held for some period of time prior to #i3jj a4m4 7local time7 and some period of time after #e3jj p4m4 7local time74 7#d7 ,ballot processing and scanning requirements 7,a7 ,in general ,to the greatest extent practicable1 ballots cast during the early voting period in an election for ,federal office at voting locations and drop boxes on ,indian lands shall be processed and scanned for tabulation in advance of the close of polls on the date of the election4 7,b7 ,limitation ,nothing in this subsection shall be construed to permit a ,state or political subdivision to tabulate and count ballots in an election for ,federal office before the closing of the polls on the date of the election4 7h7 ,provisional ballots 7#a7 ,in ,general ,in addition to the requirements under section #cjb7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;a771 for each ,state or political subdivision that provides voters provisional ballots1 challenge ballots1 or affidavit ballots under the ,state's applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials1 election officials shall-- 7,a7 provide clear written instructions indicating the reason the voter was given a provisional ballot1 the information or documents the voter needs to prove eligibility1 the location at which the voter must appear to submit these materials or alternative methods1 including email or facsimile1 that the voter may use to submit these materials1 and the deadline for submitting these materials2 7,b7 permit any voter who votes provisionally at any polling place on ,indian lands to appear at any polling place or at the central location for the election board to submit the documentation or information to prove eligibility2 7,c7 permit any voter who votes provisionally at any polling place to submit the required information or documentation via email or facsimile1 if the voter prefers to use such methods as an alternative to appearing in person to submit the required information or documentation to prove eligibility2 7,d7 notify the voter on whether the voter's provisional ballot was counted or rejected by telephone1 email1 or postal mail1 or any other available method1 including notifying the voter of any online tracking website if ,state law provides for such a mechanism2 and 7,e7 provide the reason for rejection if the voter's provisional ballot was rejected after the voter provided the required information or documentation on eligibility4 7#b7 ,duties of election officials ,a ,state or political subdivision described in paragraph 7#a7 shall ensure in each case in which a provisional ballot is cast1 that election officials-- 7,a7 request and collect the voter's email address1 if the voter has one1 and transmit any written instructions issued to the voter in person to the voter via email2 and 7,b7 provide a verbal translation of any written instructions to the voter4 7i7 ,enforcement 7#a7 ,attorney general ,the ,attorney ,general may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section4 7#b7 ,private right of action 7,a7 ,a person or ,indian ,tribe who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the ,state involved4 7,b7 ,an aggrieved person or ,indian ,tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this section1 if-- 7i7 that person or ,indian ,tribe provides the notice described in subparagraph 7,a72 and 7ii7 7,i7 in the case of a violation that occurs more than #abj days before the date of an election for ,federal office1 the violation remains and #ij days or more have passed since the date on which the chief election official of the ,state receives the notice under subparagraph 7,a72 or 7,,ii7 in the case of a violation that occurs #abj days or less but more than #cj days before the date of an election for ,federal office1 the violation remains and #bj days or more have passed since the date on which the chief election official of the ,state receives the notice under subparagraph 7,a74 7,c7 ,in the case of a violation of this section that occurs #cj days or less before the date of an election for ,federal office1 an aggrieved person or ,indian ,tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the ,state under subparagraph 7,a74 7#c7 ,rule of construction ,nothing in this section shall be construed to prevent a ,state or political subdivision from providing additional polling places or early voting locations on ,indian lands4 #ibjg4 ,procedures for removal of polling places and voter registration sites on ,indian lands 7a7 ,actions ,requiring ,tribal ,administrative ,review ,no ,state or political subdivision may carry out any of the following activities in an election for ,federal office unless the requirements of subsection 7b7 have been met3 7#a7 ,eliminating polling places or voter registration sites on the ,indian lands of an ,indian ,tribe4 7#b7 ,moving or consolidating a polling place or voter registration site on the ,indian lands of an ,indian ,tribe to a location #a mile or further from the existing location of the polling place or voter registration site4 7#c7 ,moving or consolidating a polling place on the ,indian lands of an ,indian ,tribe to a location across a river1 lake1 mountain1 or other natural boundary such that it increases travel time for a voter1 regardless of distance4 7#d7 ,eliminating in-person voting on the ,indian lands of an ,indian ,tribe by designating an ,indian reservation as a permanent absentee voting location1 unless the ,indian ,tribe requests such a designation and has not later requested that the designation as a permanent absentee voting location be reversed4 7#e7 ,removing an early voting location or otherwise diminishing early voting opportunities on ,indian lands4 7#f7 ,removing a ballot drop box or otherwise diminishing ballot drop boxes on ,indian lands4 7#g7 ,decreasing the number of days or hours that an in-person or early voting polling place is open on ,indian lands only or changing the dates of in-person or early voting only on the ,indian lands of an ,indian ,tribe4 7b7 ,tribal administrative review 7#a7 ,in general ,the requirements of this subsection have been met if-- 7,a7 the impacted ,indian ,tribe submits to the ,attorney ,general the ,indian ,tribe's written consent to the proposed activity described in subsection 7a72 7,b7 the ,state or political subdivision1 after consultation with the impacted ,indian ,tribe and after attempting to have the impacted ,indian ,tribe give consent as described in subparagraph 7,a71 institutes an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment1 and a declaratory judgment is issued based upon affirmative evidence provided by the ,state or political subdivision1 that conclusively establishes that the specified activity described in subsection 7a7 proposed by the ,state or political subdivision neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color1 membership in an ,indian ,tribe1 or membership in a language minority group2 or 7,c7 the chief legal officer or other appropriate official of such ,state or political subdivision1 after consultation with the impacted ,indian ,tribe and after attempting to have the impacted ,indian ,tribe give consent as described in subparagraph 7,a71 submits a request to carry out the specified activity described in subsection 7a7 to the ,attorney ,general and the ,attorney ,general affirmatively approves the specified activity4 7#b7 ,no limitation on future actions 7,a7 ,no bar to subsequent action ,neither an affirmative indication by the ,attorney ,general that no objection will be made1 nor the ,attorney ,general's failure to object1 nor a declaratory judgment entered under this section1 nor a written consent issued under paragraph 7#a77;,a7 shall bar a subsequent action to enjoin enforcement of an activity described in subsection 7a74 7,b7 ,reexamination ,the ,attorney ,general reserves the right to reexamine any submission under paragraph 7#a77;,c7 if additional relevant information comes to the ,attorney ,general's attention4 7,c7 ,district court ,any action under this section shall be heard and determined by a district court of #c judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 #ibjh4 ,tribal voter identification 7a7 ,tribal identification ,if a ,state or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for ,federal office1 an identification card issued by a federally recognized ,indian ,tribe1 the ,bureau of ,indian ,affairs1 the ,indian ,health ,service1 or any other ,tribal or ,federal agency issuing identification cards to eligible ,indian voters shall be treated as a valid form of identification for such purposes4 7b7 ,online registration ,if a ,state or political subdivision requires an identification card for an individual to register to vote online or to vote online1 that ,state or political subdivision shall annually consult with an ,indian ,tribe to determine whether a tribal identification can feasibly be used to register to vote online or vote online4 7c7 ,limitation on requiring multiple forms of identification ,if a ,state or political subdivision requires an individual to present more than one form of identification for the purposes of voting or registering to vote in an election for ,federal office1 or for registering to vote online or to vote online1 that ,state or political subdivision shall not require any member of an ,indian ,tribe to provide more than one form of identification if the member provides orally or in writing that the member does not possess more than one form of identification4 #ibji4 ,permitting voters ,to designate other person to return ballot ,each ,state or political subdivision-- 7#a7 shall permit any family member 7including extended family member1 such as a cousin1 grandchild1 or relation through marriage71 caregiver1 tribal assistance provider1 or household member to return a sealed ballot of a voter that resides on ,indian lands to a post office on ,indian lands1 a ballot drop box location in a ,state or political subdivision that provides ballot drop boxes1 a tribally designated building under section #ibjf7;e77#b71 or an election office1 so long as the person designated to return the ballot or ballots on behalf of another voter does not receive any form of compensation based on the number of ballots that the person has returned and no individual1 group1 or organization provides compensation on this basis2 7#b7 may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office1 ballot drop box location1 tribally designated building1 or election office under paragraph 7#a72 and 7#c7 shall permit1 at a minimum1 any family member 7including extended family member1 such as a cousin1 grandchild1 or relation through marriage71 caregiver1 tribal assistance provider1 or household member1 including the voter1 to return voter registration applications1 absentee ballot applications1 or absentee ballots to ballot drop box locations in a ,state or political subdivision that provides ballot drop boxes for these purposes4 #ibaj4 ,bilingual election requirements ,section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7 is amended-- 7#a7 in subsection 7b77#c77;,c71 by striking #aiij and inserting most recent2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,provision of voting materials in the language of a minority group 7#a7 ,in general ,whenever any ,state or political subdivision subject to the prohibition of subsection 7b71 provides any registration or voting notices1 forms1 instructions1 assistance1 or other materials or information relating to the electoral process1 including ballots1 it shall provide them in the language of the applicable minority group as well as in the ,english language4 7#b7 ,exceptions 7,a7 ,in the case of a minority group that is not ,american ,indian or ,alaska ,native and the language of that minority group is oral or unwritten1 the ,state or political subdivision shall only be required to furnish1 in the covered language1 oral instructions1 assistance1 translation of voting materials1 or other information relating to registration and voting4 7,b7 ,in the case of a minority group that is ,american ,indian or ,alaska ,native1 the ,state or political subdivision shall only be required to furnish in the covered language oral instructions1 assistance1 or other information relating to registration and voting1 including all voting materials1 if the ,indian ,tribe of that minority group has certified that the language of the applicable ,american ,indian or ,alaska ,native language is presently unwritten or the ,indian ,tribe does not want written translations in the minority language4 7#c7 ,written translations for election workers ,notwithstanding paragraph 7#b71 the ,state or political division may be required to provide written translations of voting materials1 with the consent of any applicable ,indian ,tribe1 to election workers to ensure that the translations from ,english to the language of a minority group are complete1 accurate1 and uniform4 4 #ibaa4 ,federal observers to protect ,tribal voting rights 7a7 ,amendment to the voting rights act of #aife ,section #h7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking or after the semicolon2 7#b7 in paragraph 7#b77;,b71 by adding or after the semicolon2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 the ,attorney ,general has received a written complaint from an ,indian ,tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color1 membership in an ,indian ,tribe1 or in contravention of the guarantees set forth in section #d7;f77#b71 are likely to occur2 4 7b7 ,publicly available reports ,the ,attorney ,general shall make publicly available the reports of a ,federal election observer appointed pursuant to section 7#h77;a77#c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77#c771 as added by subsection 7a71 not later than #f months after the date that such reports are submitted to the ,attorney ,general1 except that any personally identifiable information relating to a voter or the substance of the voter's ballot shall not be made public4 #ibab4 ,tribal jurisdiction 7a7 ,in ,general ,tribal law enforcement have the right to exercise their inherent authority to detain and or remove any non-,indian1 not affiliated with the ,state1 its political subdivision1 or the ,federal ,government1 from ,indian lands for intimidating1 harassing1 or otherwise impeding the ability of people to vote or of the ,state and its political subdivisions to conduct an election4 7b7 ,civil action by ,attorney ,general for relief ,whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by this section1 the ,attorney ,general may institute for the ,united ,states1 or in the name of the ,united ,states1 an action for preventive relief1 including an application for a temporary or permanent injunction1 restraining order1 or other order1 and including an order directed to the ,state and ,state or local election officials to require them to permit persons to vote and to count such votes4 #ibac4 ,tribal voting consultation ,the ,attorney ,general shall consult annually with ,indian ,tribes regarding issues related to voting in elections for ,federal office4 #ibad4 ,attorneys' fees1 expert fees1 and litigation expenses ,in a civil action under this title1 the court shall award the prevailing party1 other than the ,united ,states1 reasonable attorney fees1 including litigation expenses1 reasonable expert fees1 and costs4 #ibae4 ,,gao study and report ,the ,comptroller ,general shall study the prevalence of nontraditional or nonexistent mailing addresses among ,indians1 those who are members of ,indian ,tribes1 and those residing on ,indian lands and identify alternatives to remove barriers to voter registration1 receipt of voter information and materials1 and receipt of ballots4 ,the ,comptroller ,general shall report the results of that study to ,congress not later than #a year after the date of enactment of this title4 #ibaf4 ,united ,states ,postal ,service consultation ,the ,postmaster ,general shall consult with ,indian ,tribes1 on an annual basis1 regarding issues relating to the ,united ,states ,postal ,service that present barriers to voting for eligible voters living on ,indian lands4 #ibag4 ,severability2 relationship to other laws2 ,tribal sovereign immunity 7a7 ,severability ,if any provision of this title1 or the application of such a provision to any person1 entity1 or circumstance1 is held to be invalid1 the remaining provisions of this title and the application of all provisions of this title to any other person1 entity1 or circumstance shall not be affected by the invalidity4 7b7 ,relationship to other laws ,nothing in this title shall invalidate1 or limit the rights1 remedies1 or procedures available under1 or supersede1 restrict1 or limit the application of1 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq471 the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 or any other ,federal law or regulation related to voting or the electoral process4 ,notwithstanding any other provision of law1 the provisions of this title1 and the amendments made by this title1 shall be applicable within the ,state of ,maine4 7c7 ,tribal sovereign immunity ,nothing in this title shall be construed as-- 7#a7 affecting1 modifying1 diminishing1 or otherwise impairing the sovereign immunity from suit enjoyed by an ,indian ,tribe2 or 7#b7 authorizing or requiring the termination of any existing trust responsibility of the ,united ,states with respect to ,indian people4 #ibah4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this title4 ,clerk4