Federal Election Integrity Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 137 To amend the Federal Election Campaign Act of 1971 to prohibit certain State election administration officials from actively participating in elec- toral campaigns. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mrs. DAVIS of California introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit certain State election administration officials from actively participating in electoral campaigns. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Election Integ- 4 rity Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 20:39 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 137 IH (1) chief State election administration officials 1 have served on political campaigns for Federal can- 2 didates whose elections those officials will supervise; 3 (2) such partisan activity by the chief State 4 election administration official, an individual 5 charged with certifying the validity of an election, 6 represents a fundamental conflict of interest that 7 may prevent the official from ensuring a fair and ac- 8 curate election; 9 (3) this conflict impedes the legal duty of chief 10 State election administration officials to supervise 11 Federal elections, undermines the integrity of Fed- 12 eral elections, and diminishes the people’s confidence 13 in our electoral system by casting doubt on the re- 14 sults of Federal elections; 15 (4) the Supreme Court has long recognized that 16 Congress’s power to regulate Congressional elections 17 under Article I, Section 4, Clause 1 of the Constitu- 18 tion is both plenary and powerful; and 19 (5) the Supreme Court and numerous appellate 20 courts have recognized that the broad power given to 21 Congress over Congressional elections extends to 22 Presidential elections. 23 VerDate Sep 11 2014 20:39 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 137 IH SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF 1 STATE ELECTION ADMINISTRATION OFFI- 2 CIALS. 3 (a) IN GENERAL.—Title III of the Federal Election 4 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 5 amended by inserting after section 319 the following new 6 section: 7 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 8 ADMINISTRATION OFFICIALS 9 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 10 for a chief State election administration official to take 11 an active part in political management or in a political 12 campaign with respect to any election for Federal office 13 over which such official has supervisory authority. 14 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF- 15 FICIAL.—The term ‘chief State election administration of- 16 ficial’ means the highest State official with responsibility 17 for the administration of Federal elections under State 18 law. 19 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR 20 IN A POLITICAL CAMPAIGN.—The term ‘active part in po- 21 litical management or in a political campaign’ means— 22 ‘‘(1) serving as a member of an authorized com- 23 mittee of a candidate for Federal office; 24 VerDate Sep 11 2014 20:39 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 137 IH ‘‘(2) the use of official authority or influence 1 for the purpose of interfering with or affecting the 2 result of an election for Federal office; 3 ‘‘(3) the solicitation, acceptance, or receipt of a 4 contribution from any person on behalf of a can- 5 didate for Federal office; and 6 ‘‘(4) any other act which would be prohibited 7 under paragraph (2) or (3) of section 7323(b) of 8 title 5, United States Code, if taken by an individual 9 to whom such paragraph applies (other than any 10 prohibition on running for public office).’’. 11 (b) EFFECTIVE DATE.—The amendment made by 12 subsection (a) shall apply with respect to elections for 13 Federal office held after December 2019. 14 Æ VerDate Sep 11 2014 20:39 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H137.IH H137 pamtmann on DSKBFK8HB2PROD with BILLS