Clean Elections Act

II 116TH CONGRESS 1ST SESSION S. 1274 To amend the Federal Election Campaign Act to provide for public financing for Federal elections through vouchers directed by eligible voters to the candidates of their choice. IN THE SENATE OF THE UNITED STATES MAY 1, 2019 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act to provide for public financing for Federal elections through vouch- ers directed by eligible voters to the candidates of their choice. 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 ‘‘Clean Elections Act’’. 4 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1274 IS SEC. 2. ESTABLISHMENT OF DEMOCRACY DOLLARS PRO- 1 GRAM. 2 (a) IN GENERAL.—The Federal Election Campaign 3 Act of 1971 (52 U.S.C. 30101 et seq.) is amended by add- 4 ing at the end the following: 5 ‘‘TITLE V—DEMOCRACY 6 DOLLARS PROGRAM 7 ‘‘Sec. 501. Definitions. ‘‘Sec. 502. Distribution of democracy dollars to eligible individuals. ‘‘Sec. 503. Requirements for participating candidates. ‘‘Sec. 504. Use of democracy dollars. ‘‘Sec. 505. Administration. ‘‘Sec. 506. Funding. ‘‘SEC. 501. DEFINITIONS. 8 ‘‘For purposes of this title: 9 ‘‘(1) APPLICABLE ELECTION SERIES.—The 10 term ‘applicable election series’ means, with respect 11 to any Federal office, any of the following elections 12 for such office during an election cycle: 13 ‘‘(A) A primary election (including a pri- 14 mary election held for the selection of delegates 15 to a national nominating convention of a polit- 16 ical party and a primary held for the expression 17 of a preference for the nomination of an indi- 18 vidual for election to the office of President) for 19 nomination to Federal office. 20 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1274 IS ‘‘(B) A convention or caucus of a political 1 party that has authority to nominate a can- 2 didate to Federal office. 3 ‘‘(C) A general election, a special election, 4 or a runoff election for Federal office. 5 ‘‘(2) DEMOCRACY DOLLARS.— 6 ‘‘(A) IN GENERAL.—The term ‘democracy 7 dollars’ means a voucher (having such form as 8 determined by the Commission) that is a Con- 9 gressional democracy dollar, a Senate democ- 10 racy dollar, or a Presidential democracy dollar. 11 ‘‘(B) CONGRESSIONAL DEMOCRACY DOL- 12 LAR.—A Congressional democracy dollar is a 13 democracy dollar that is restricted such that— 14 ‘‘(i) it may only be transferred to a 15 qualified candidate for the office of Rep- 16 resentative in, or Delegate or Resident 17 Commissioner to, the Congress; and 18 ‘‘(ii) in the case of any election cycle 19 beginning in 2025 or later, may only be 20 transferred to a qualified candidate for 21 such office for a district in the State in 22 which the eligible individual to whom it is 23 distributed is a qualified resident. 24 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1274 IS ‘‘(C) SENATE DEMOCRACY DOLLAR.—A 1 Senate democracy dollar is a democracy dollar 2 that is restricted such that— 3 ‘‘(i) it may only be transferred to a 4 qualified candidate for the office of Sen- 5 ator; and 6 ‘‘(ii) in the case of any election cycle 7 beginning in 2025 or later, may only be 8 transferred to a qualified candidate for 9 such office for the State in which the eligi- 10 ble individual to whom it is distributed is 11 a qualified resident. 12 ‘‘(D) PRESIDENTIAL DEMOCRACY DOL- 13 LAR.—A Presidential democracy dollar is a de- 14 mocracy dollar that is restricted such that it 15 may only be transferred to qualified candidates 16 for the offices of President or Vice President. 17 ‘‘(3) DEMOCRACY DOLLAR ACCOUNT.—The 18 term ‘democracy dollar account’ means an account 19 of a participating candidate that consists only of 20 amounts paid under section 504(a)(3) and that 21 meets such other requirements as established by the 22 Commission. 23 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1274 IS ‘‘(4) ELECTION CYCLE.—The term ‘election 1 cycle’ means the 2-year period beginning on January 2 1 of each odd-numbered year. 3 ‘‘(5) ELIGIBLE INDIVIDUAL.—The term ‘eligible 4 individual’ means, with respect to any election cycle, 5 an individual who— 6 ‘‘(A) is a citizen or national of the United 7 States; and 8 ‘‘(B) has attained the age of 18. 9 ‘‘(6) PARTICIPATING CANDIDATE.—The term 10 ‘participating candidate’ means a candidate who is 11 certified by the Commission under section 503. 12 ‘‘(7) QUALIFIED RESIDENT.— 13 ‘‘(A) IN GENERAL.—Except as provided in 14 subparagraph (B), the term ‘qualified resident’ 15 means, with respect to any State, an eligible in- 16 dividual whose primary residence is located in 17 such State. 18 ‘‘(B) EXCEPTIONS.— 19 ‘‘(i) STUDENTS.—Any eligible indi- 20 vidual who is a full-time student attending 21 a post-secondary educational institution 22 may elect to treat the State in which such 23 institution is located as the State in which 24 such individual is a qualified resident. 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1274 IS ‘‘(ii) INDIVIDUALS LIVING ABROAD.— 1 Any eligible individual whose primary resi- 2 dence is outside the United States shall be 3 treated as a qualified resident of— 4 ‘‘(I) in the case of an eligible in- 5 dividual who is qualified to vote in a 6 State, the State in which the indi- 7 vidual is qualified to vote; or 8 ‘‘(II) in the case of any other eli- 9 gible individual, the last State in 10 which such individual was domiciled 11 before leaving the United States. 12 ‘‘SEC. 502. DISTRIBUTION OF DEMOCRACY DOLLARS TO EL- 13 IGIBLE INDIVIDUALS. 14 ‘‘(a) PROCESS AND METHODS FOR DISTRIBUTION.— 15 ‘‘(1) IN GENERAL.—Upon request of an eligible 16 individual who is a qualified resident of a State in 17 which an election for Federal office (other than a 18 runoff election) is held, the Commission shall pro- 19 vide to such individual democracy dollars that may 20 be used only in such election in the amount deter- 21 mined under subsection (b). 22 ‘‘(2) LIMITATIONS.— 23 ‘‘(A) TIME FOR MAKING REQUEST.—Any 24 request under subsection (a) shall be made— 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1274 IS ‘‘(i) no earlier than the first day of 1 the election cycle in which the election oc- 2 curs; and 3 ‘‘(ii) no later than 10 days before the 4 date of the election to which it relates. 5 In the case of elections to nominate a candidate 6 for election to a Federal office which do not 7 occur on the same day, clause (ii) shall be ap- 8 plied by using the date of last such election oc- 9 curring in the State. 10 ‘‘(B) LIMITATION ON DISTRIBUTIONS.— 11 Except in the case of a special election, the 12 Commission shall not provide democracy dollars 13 to any individual for more than one primary 14 election and one general election for each of the 15 following offices: 16 ‘‘(i) The office of Representative in, or 17 Delegate or Resident Commissioner to, the 18 Congress. 19 ‘‘(ii) The office of Senator. 20 ‘‘(iii) The office of President and Vice 21 President. 22 ‘‘(3) METHODS.— 23 ‘‘(A) IN GENERAL.—Except as provided in 24 subparagraph (B), democracy dollars shall be 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1274 IS distributed in such manner as the Commission 1 determines appropriate. 2 ‘‘(B) PILOT PROGRAM FOR MAILED DE- 3 MOCRACY DOLLARS.—The Commission shall 4 conduct a pilot program for the distribution of 5 democracy dollars through the mail. If the 6 Commission determines that such program is a 7 cost effective way to expand participation and 8 attract a more diverse group of participants, 9 the Commission shall expand such program for 10 future elections. 11 ‘‘(b) DETERMINATION OF TYPE AND AMOUNT OF 12 DEMOCRACY DOLLARS PROVIDED.— 13 ‘‘(1) IN GENERAL.—The amount determined 14 under this section is— 15 ‘‘(A) in the case of any election (other than 16 a runoff election) for the office of Representa- 17 tive in, or Delegate or Resident Commissioner 18 to, the Congress, the Congressional amount; 19 ‘‘(B) in the case of any election (other 20 than a runoff election) for nomination to the of- 21 fice of Senator, the Senate amount; and 22 ‘‘(C) in the case of any election for nomi- 23 nation to the office of, or the office of, Presi- 24 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1274 IS dent or Vice President, the Presidential 1 amount. 2 ‘‘(2) AMOUNTS.—For purposes of this title: 3 ‘‘(A) CONGRESSIONAL AMOUNT.— 4 ‘‘(i) IN GENERAL.—The Congressional 5 amount is an amount equal to $100. 6 ‘‘(ii) INCREASE.—In the case of any 7 election cycle beginning after 2022, the 8 amount determined under clause (i) for 9 any election cycle shall be the sum of the 10 dollar amount in effect under such clause 11 for the preceding election cycle increased 12 by the product of— 13 ‘‘(I) 75 percent (or the percent- 14 age specified pursuant to section 15 505(c) for such election cycle) of the 16 percentage (if any) by which— 17 ‘‘(aa) the average of the 18 total amount of contributions re- 19 ceived during the preceding elec- 20 tion cycle by each candidate for 21 the office of Representative in, or 22 Delegate or Resident Commis- 23 sioner to, the Congress who is 24 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1274 IS not a participating candidate; ex- 1 ceeds 2 ‘‘(bb) the average of the 3 total amount of contributions re- 4 ceived during the preceding elec- 5 tion cycle by each participating 6 candidate for the office of Rep- 7 resentative in, or Delegate or 8 Resident Commissioner to, the 9 Congress; and 10 ‘‘(II) the dollar amount in effect 11 under clause (i) for the preceding 12 election cycle. 13 ‘‘(iii) INFLATION ADJUSTMENT.—In 14 the case of any election cycle beginning 15 after 2022 for which there is no increase 16 under clause (ii), the Congressional 17 amount in effect for such election cycle 18 shall be the sum of— 19 ‘‘(I) the greater of the dollar 20 amount specified in clause (i) or the 21 dollar amount the amount in effect for 22 the most recent election cycle for 23 which there was such an increase; 24 plus 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1274 IS ‘‘(II) the percent increase deter- 1 mined under section 315(c), deter- 2 mined as if the base period were— 3 ‘‘(aa) if there was no prior 4 increase in such dollar amount 5 pursuant to clause (ii), 2021; or 6 ‘‘(bb) in any other case, the 7 calendar year immediately pre- 8 ceding the first calendar year in 9 the election cycle for which the 10 most recent such prior increase 11 occurred. 12 ‘‘(B) SENATE AMOUNT.— 13 ‘‘(i) IN GENERAL.—The Senate 14 amount is an amount equal to $100. 15 ‘‘(ii) INCREASE.—In the case of any 16 election cycle beginning after 2022, the 17 amount determined under clause (i) for 18 any election cycle shall be the sum of the 19 dollar amount in effect under such clause 20 for the preceding election cycle increased 21 by the product of— 22 ‘‘(I) 75 percent (or the percent- 23 age specified pursuant to section 24 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1274 IS 505(c) for such election cycle) of the 1 percentage (if any) by which— 2 ‘‘(aa) the average of the 3 total amount of contributions re- 4 ceived during the preceding elec- 5 tion cycle by each candidate for 6 the office of Senator who is not 7 a participating candidate; exceeds 8 ‘‘(bb) the average of the 9 total amount of contributions re- 10 ceived during the preceding elec- 11 tion cycle by each participating 12 candidate for the office of Sen- 13 ator; and 14 ‘‘(II) the dollar amount in effect 15 under clause (i) for the preceding 16 election cycle. 17 ‘‘(iii) INFLATION ADJUSTMENT.—In 18 the case of any election cycle beginning 19 after 2022 for which there is no increase 20 under clause (ii), the Senate amount in ef- 21 fect for such election cycle shall be the sum 22 of— 23 ‘‘(I) the greater of the dollar 24 amount specified in clause (i) or the 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 1274 IS dollar amount the amount in effect for 1 the most recent election cycle for 2 which there was such an increase; 3 plus 4 ‘‘(II) the percent increase deter- 5 mined under section 315(c), deter- 6 mined as if the base period were— 7 ‘‘(aa) if there was no prior 8 increase in such dollar amount 9 pursuant to clause (ii), 2021; or 10 ‘‘(bb) in any other case, the 11 calendar year immediately pre- 12 ceding the first calendar year in 13 the election cycle for which the 14 most recent such prior increase 15 occurred. 16 ‘‘(C) PRESIDENTIAL AMOUNT.— 17 ‘‘(i) IN GENERAL.—The Presidential 18 amount is an amount equal to $100. 19 ‘‘(ii) INCREASE.—The amount deter- 20 mined under clause (i) for any election 21 cycle following the election cycle beginning 22 on January 1, 2021, in which there is an 23 election for the office of President shall be 24 the sum of the dollar amount in effect 25 VerDate Sep 11 2014 21:21 May 09, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1274.IS S1274 pamtmann on DSKBFK8HB2PROD with BILLS 14 •S 1274 IS under such clause for the preceding elec- 1 tion cycle increased by the product of— 2 ‘‘(I) 75 percent (or the percent- 3 age specified pursuant to section 4 505(c) for such election cycle) of the 5 percentage (if any) by which— 6 ‘‘(aa) the average of the 7 total amount of contributions re- 8 ceived during the [Text truncated for display. 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