What This Bill Does
This bill creates a new program called the Democracy Advancement and Innovation Program. It gives money to states to improve how elections work and increase voting access. The bill also establishes a new government office called the Office of Democracy Advancement and Innovation to run this program.
##
Who It Affects
- State election officials and administrators
- Poll workers and election workers
- Voters, especially those in underserved communities and people with disabilities
- Local election administrators
- The general public (through improved election administration)
##
Key Provisions
- States receive federal money to fund election improvements including voting equipment upgrades, voter registration systems, cybersecurity, and expanding early and mail voting options (Sec. 101)
- States must submit a plan describing how they will use the money and get approval before receiving funds (Sec. 101)
- States cannot use the money for activities that intimidate voters, restrict food and beverages at polling places, remove election officials without cause, defend voter-suppression lawsuits, or purchase voting machines without paper ballots (Sec. 103)
- A new independent Office of Democracy Advancement and Innovation directs the program and oversees a Trust Fund with $2 billion per year from 2024 through 2033 (Sec. 106 and Sec. 201)
- Any person who believes a state violated the rules can file a complaint with the state, and if unhappy with the result, can request federal review (Sec. 103)
##
What Changes
If this bill becomes law, states will receive annual federal funding to improve election administration. States will need to develop and submit plans for how to use this money. A new federal office will oversee the program and ensure states follow rules about what the money can be used for. States cannot use the money for certain prohibited activities like voter intimidation or defending voter-suppression cases.
##
Important Definitions
- **Chief State election official**: The official in each state who oversees elections (defined in another federal law)
- **Director**: The head of the Office of Democracy Advancement and Innovation
- **Indian lands**: Tribal territory including Indian country, Alaska Native lands, tribal government seats, and tribal statistical areas
- **State**: The 50 states, Washington D.C., Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, and Northern Mariana Islands
##
Effective Date
The program applies starting in fiscal year 2024 and each fiscal year after that (Sec. 101).
II
118TH CONGRESS
1ST SESSION
S. 630
To establish a democracy advancement and innovation program, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 2, 2023
Ms. KLOBUCHAR (for herself, Ms. WARREN, Mrs. FEINSTEIN, Mr. MERKLEY,
Mr. PADILLA, Mr. WELCH, Mr. BLUMENTHAL, Mr. WYDEN, Mr. KING,
Mr. MARKEY, Ms. SMITH, Mr. BOOKER, Mr. SANDERS, and Mr. KAINE)
introduced the following bill; which was read twice and referred to the
Committee on Rules and Administration
A BILL
To establish a democracy advancement and innovation
program, and for other purposes.
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; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Sustaining Our Democracy Act’’.
5
(b) TABLE OF CONTENTS.—The table of contents of
6
this Act is as follows:
7
Sec. 1. Short title; table of contents.
TITLE I—PAYMENTS AND ALLOCATIONS TO STATES
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Sec. 101. Democracy Advancement and Innovation Program.
Sec. 102. State plan.
Sec. 103. Prohibitions.
Sec. 104. Amount of State allocation.
Sec. 105. Procedures for disbursements of payments and allocations.
Sec. 106. Office of Democracy Advancement and Innovation.
TITLE II—STATE ELECTION ASSISTANCE AND INNOVATION
TRUST FUND
Sec. 201. State Election Assistance and Innovation Trust Fund.
TITLE III—GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Rule of construction regarding calculation of deadlines.
Sec. 303. Severability.
TITLE I—PAYMENTS AND
1
ALLOCATIONS TO STATES
2
SEC. 101. DEMOCRACY ADVANCEMENT AND INNOVATION
3
PROGRAM.
4
(a) ESTABLISHMENT.—There is established a pro-
5
gram to be known as the ‘‘Democracy Advancement and
6
Innovation Program’’ under which the Director of the Of-
7
fice of Democracy Advancement and Innovation shall
8
make allocations to each State for each fiscal year to carry
9
out democracy promotion activities described in subsection
10
(b).
11
(b)
DEMOCRACY
PROMOTION
ACTIVITIES
DE-
12
SCRIBED.—The democracy promotion activities described
13
in this subsection are as follows:
14
(1) Activities to promote innovation to improve
15
efficiency and smooth functioning in the administra-
16
tion of elections for Federal office and to secure the
17
infrastructure used in the administration of such
18
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•S 630 IS
elections, including making upgrades to voting
1
equipment and voter registration systems, voter reg-
2
istration and nonpartisan voter outreach activities,
3
securing voting locations, expanding polling places
4
and the availability of early and mail voting, and
5
promoting cybersecurity.
6
(2) Activities to recruit, train, and retain non-
7
partisan election officials and poll workers and to
8
protect election officials (both nonpartisan and those
9
elected or appointed to their position) from threats
10
against them in the course of their work admin-
11
istering Federal elections.
12
(3) Activities to increase access to voting in
13
elections for Federal office by underserved commu-
14
nities, individuals with disabilities, racial and lan-
15
guage minority groups, individuals entitled to vote
16
by absentee ballot under the Uniformed and Over-
17
seas Citizens Absentee Voting Act, and voters resid-
18
ing in Indian lands.
19
(c) PERMITTING STATES TO RETAIN AND RESERVE
20
ALLOCATIONS FOR FUTURE USE.—A State may retain
21
and reserve an allocation received for a fiscal year to carry
22
out democracy promotion activities in any subsequent fis-
23
cal year.
24
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(d) REQUIRING SUBMISSION
AND APPROVAL
OF
1
STATE PLAN.—
2
(1) IN GENERAL.—A State shall receive an allo-
3
cation under the Program for a fiscal year if—
4
(A) not later than 90 days before the first
5
day of the fiscal year, the chief State election
6
official of the State submits to the Director the
7
State plan described in section 102; and
8
(B) not later than 45 days before the first
9
day of the fiscal year, the Director, in consulta-
10
tion with the Election Assistance Commission
11
as described in paragraph (3), determines that
12
the State plan will enable the State to carry out
13
democracy promotion activities and approves
14
the plan.
15
(2) SUBMISSION AND APPROVAL OF REVISED
16
PLAN.—If the Director does not approve the State
17
plan as submitted by the State under paragraph (1)
18
with respect to a fiscal year, the State shall receive
19
a payment under the Program for the fiscal year if,
20
at any time prior to the end of the fiscal year—
21
(A) the chief State election official of the
22
State submits a revised version of the State
23
plan; and
24
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(B) the Director, in consultation with the
1
Election Assistance Commission as described in
2
paragraph (3), determines that the revised
3
version of the State plan will enable the State
4
to carry out democracy promotion activities and
5
approves the plan.
6
(3) ELECTION ASSISTANCE COMMISSION CON-
7
SULTATION.—With respect to a State plan sub-
8
mitted under paragraph (1) or a revised plan sub-
9
mitted under paragraph (2)—
10
(A) the Director shall, prior to making a
11
determination on approval of the plan, consult
12
with the Election Assistance Commission; and
13
(B) the Election Assistance Commission
14
shall submit to the Director a written assess-
15
ment with respect to whether the proposed ac-
16
tivities of the plan satisfy the requirements of
17
this Act.
18
(4) CONSULTATION WITH LEGISLATURE.—The
19
chief State election official of the State shall develop
20
the State plan submitted under paragraph (1) and
21
any revised plan submitted under paragraph (2) in
22
consultation with the majority party and minority
23
party leaders of each house of the State legislature.
24
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(5) RULES FOR STATES THAT DO NOT SUBMIT
1
A STATE PLAN.—If a State fails to submit a State
2
plan described in section 102 before the date re-
3
quired under paragraph (1)(A), under rules estab-
4
lished by the Director—
5
(A) for purposes of this title (other than
6
section 104)—
7
(i) each political subdivision within
8
the State shall be treated as a State for
9
purposes of this title (other than section
10
104); and
11
(ii) in applying this title to such polit-
12
ical subdivision, any duties required of the
13
chief State election official shall be under-
14
taken by the executive official of such po-
15
litical subdivision charged with the admin-
16
istration of elections;
17
(B) in applying this subsection to any po-
18
litical subdivision of the State—
19
(i) paragraph (1)(A) shall be applied
20
by substituting ‘‘the first day of the fiscal
21
year’’ for ‘‘90 days before the first day of
22
the fiscal year’’;
23
(ii) paragraph (1)(B) shall be applied
24
by substituting ‘‘30 days after the first day
25
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•S 630 IS
of the fiscal year’’ for ‘‘45 days before the
1
first day of the fiscal year’’; and
2
(iii) paragraph (4) shall not apply;
3
and
4
(C) the amount of the allocation made to
5
each such political subdivision under the Pro-
6
gram shall be the sum of—
7
(i) an amount which bears the same
8
proportion to the amount determined
9
under section 104 with respect to the State
10
in which the political subdivision is located
11
as—
12
(I) the population of the political
13
subdivision; bears to
14
(II) the population of such State;
15
plus
16
(ii) an amount (not to exceed 100 per-
17
cent of the amount determined with re-
18
spect to the political subdivision under
19
clause (i)) which bears the same proportion
20
to the unsubscribed funds of the State
21
as—
22
(I) the population of the political
23
subdivision; bears to
24
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(II) the population of the number
1
of political subdivisions within the
2
State that submitted a plan under
3
section 102 before the date required
4
under paragraph (1)(A) (after appli-
5
cation of subparagraph (B)).
6
For
purposes
of
subparagraph
(C)(ii),
the
7
unsubscribed funds of any State is the sum of the
8
amounts described in subparagraph (C)(i) with re-
9
spect to political subdivisions in the State which did
10
not submit a plan under this subsection before the
11
date required under paragraph (1)(A) (after applica-
12
tion of subparagraph (B)).
13
(e) STATE REPORT ON USE OF ALLOCATIONS.—Not
14
later than 90 days after the last day of a fiscal year for
15
which an allocation was made to the State under the Pro-
16
gram, the chief State election official of the State shall
17
submit a report to the Director describing how the State
18
used the allocation, including a description of the democ-
19
racy promotion activities the State carried out with the
20
allocation.
21
(f) PUBLIC AVAILABILITY OF INFORMATION.—
22
(1) PUBLICLY AVAILABLE WEBSITE.—The Di-
23
rector shall make available on a publicly accessible
24
website the following:
25
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•S 630 IS
(A) State plans submitted under para-
1
graph (1) of subsection (d) and revised plans
2
submitted under paragraph (2) of subsection
3
(d).
4
(B) The Director’s notifications of deter-
5
minations with respect to such plans under sub-
6
section (d).
7
(C) Reports submitted by States under
8
subsection (e).
9
(2) REDACTION.—The Director may redact in-
10
formation required to be made available under para-
11
graph (1) if the information would be properly with-
12
held from disclosure under section 552 of title 5,
13
United States Code, or if the public disclosure of the
14
information is otherwise prohibited by law.
15
(g) EFFECTIVE DATE.—This section shall apply with
16
respect to fiscal year 2024 and each succeeding fiscal year.
17
SEC. 102. STATE PLAN.
18
(a) CONTENTS.—A State plan under this section with
19
respect to a State is a plan containing each of the fol-
20
lowing:
21
(1) A description of the democracy promotion
22
activities the State will carry out with the payment
23
made under the Program.
24
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(2) A statement of whether or not the State in-
1
tends to retain and reserve the payment for future
2
democracy promotion activities.
3
(3) A statement of how the State intends to
4
distribute resources under the plan, including how
5
the distribution of resources will address geographic
6
and racial disparities within the State.
7
(4) A description of how the State intends to
8
allocate funds to carry out the proposed activities,
9
which shall include the amount the State intends to
10
allocate to each such activity, including (if applica-
11
ble) a specific allocation for—
12
(A) activities described in subsection
13
101(b)(1) (relating to election administration);
14
(B)
activities
described
in
section
15
101(b)(2) (relating to activities to recruit, train,
16
retain, and protect election workers); and
17
(C)
activities
described
in
section
18
101(b)(3) (relating to activities to increase ac-
19
cess to voting in elections for Federal office by
20
certain communities).
21
(5) A description of how funds allocated under
22
paragraph (4) will be allocated to political subdivi-
23
sions of the State.
24
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(6) A description of how the State will establish
1
the fund described in subsection (b) for purposes of
2
administering the democracy promotion activities
3
which the State will carry out with the payment, in-
4
cluding information on fund management.
5
(7) A description of the State-based administra-
6
tive complaint procedures established for purposes of
7
section 103(a)(2).
8
(8) A statement regarding whether the pro-
9
posed activities to be funded are permitted under
10
State law, or whether the official intends to seek
11
legal authorization for such activities.
12
(b) REQUIREMENTS FOR FUND.—
13
(1) FUND DESCRIBED.—For purposes of sub-
14
section (a)(6), a fund described in this subsection
15
with respect to a State is a fund which is established
16
in the treasury of the State government, which is
17
used in accordance with paragraph (2), and which
18
consists of the following amounts:
19
(A) Amounts appropriated or otherwise
20
made available by the State for carrying out the
21
democracy promotion activities for which the
22
payment is made to the State under the Pro-
23
gram.
24
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(B) The payment made to the State under
1
the Program.
2
(C) Such other amounts as may be appro-
3
priated under law.
4
(D) Interest earned on deposits of the
5
fund.
6
(2) USE OF FUND.—Amounts in the fund shall
7
be used by the State exclusively to carry out democ-
8
racy promotion activities for which the payment is
9
made to the State under the Program.
10
(3) TREATMENT
OF
STATES
THAT
REQUIRE
11
CHANGES TO STATE LAW.—In the case of a State
12
that requires State legislation to establish the fund
13
described in this subsection, the Director shall defer
14
disbursement of the payment to such State under
15
the Program until such time as legislation estab-
16
lishing the fund is enacted.
17
SEC. 103. PROHIBITIONS.
18
(a) PROHIBITED USES OF PAYMENTS.—
19
(1) IN GENERAL.—A State may not use a pay-
20
ment made under the Program to carry out—
21
(A) any activity described in paragraph
22
(2); or
23
(B) any other activity which has the pur-
24
pose or effect of diminishing the ability of any
25
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