S. 3588 — Introduced in Senate

II 118th CONGRESS 2d Session S. 3588 IN THE SENATE OF THE UNITED STATES January 11, 2024Mr. Tillis (for himself, Mr. Vance, Mr. Scott of Florida, Mr. Budd, Ms. Lummis, and Mr. Mullin) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to prohibit Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes, and for other purposes. 1. Short title This Act may be cited as the Constitutional Election Integrity Act. 2. Prohibition on Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes (a) In general The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end the following new section: 901. Prohibition on Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes Notwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State where the chief executive or any elected or appointed executive officials prohibit, by executive order, decree, or other unilateral mechanism, that a candidate for the Office of President of the United States who is otherwise eligible from appearing on the ballot for such Office using section 3 of the Fourteenth Amendment to the Constitution of the United States. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end the following new item: Sec. 901. Prohibition on Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes. . 3. Jurisdiction (a) In general The Federal district courts shall have original and exclusive jurisdiction to adjudicate disputes or questions of ballot eligibility for candidates for the Office of President of the United States arising under section 3 of the Fourteenth Amendment to the Constitution of the United States. (b) Limitation No officer or court of any State or territory shall have authority to adjudicate disputes or questions of ballot eligibility for candidates for the Office of President of the United States arising under section 3 of the Fourteenth Amendment to the Constitution of the United States. (c) 3-Judge court A Federal district court of 3 judges shall be convened when an action is filed in Federal district court challenging the ballot eligibility of a candidate for the Office of President of the United States arising under section 3 of the Fourteenth Amendment to the Constitution of the United States. The 3-judge panel shall make findings of fact, which shall be transmitted to the Supreme Court of the United States. Upon receipt of these findings of fact, the Supreme Court shall consider the matter on an expedited basis before issuing a ruling on the findings of law. The Supreme Court may consider the findings of fact on a de novo basis. (d) Composition and procedure Any action under subsection (c) shall be heard pursuant to section 2284 of title 28, United States Code.