,,ii #aahth ,,congress #ast ,session ,s4 #bege ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbc,mr4 ,warnock 7for himself1 ,ms4 ,klobuchar1 ,ms4 ,baldwin1 ,mr4 ,merkley1 ,mr4 ,fetterman1 ,mr4 ,welch1 ,ms4 ,hirono1 ,mr4 ,wyden1 ,mr4 ,warner1 ,mr4 ,durbin1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to provide increased protections for election workers and voters in elections for ,federal office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,election ,subversion ,act of #bjbc4 #b4 ,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 ,constitution of the ,united ,states1 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 of the ,united ,states 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 #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 #a 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 prevailing plaintiff 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 the ,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 be inefficient or to have engaged in neglect of duty 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 whether such suspension1 removal1 or relief of duties was due to inefficiency1 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 #c4 ,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 that is based on the race1 color1 ethnicity1 national origin1 or membership in a language minority group 7as defined in section #ad of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcaj77 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 date2 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 ,effective date ,this section shall apply with respect to elections for ,federal office occurring on and after ,january #a1 #bjbd4 4 7b7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking and #cjc and inserting #cjc1 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