Another Democratic Attempt to Federalize Elections!

Senate bill 2747 BILLS-117s2747pcs  is purportedly a “lite” version of House and Senate bills #1, For the People Act.  It allows States to require voter ID within certain limits and also requires the use of paper ballots in addition to any other voting counting device, with the paper ballots to be used in any audit.  On the other hand, it requires voting by mail in addition to voting in person, prevents a State from requiring a notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, prevents a State from imposing a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot, sets forth redistricting requirements, permits defects in registration to be cured, and authorizes same-day voting after registration.

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On Tuesday, September 15, 2021, Senator Amy Klobuchar introduced a new bill, Senate bill 2747 the purpose of which is –

“…to expand Americans’ access to the ballot box and reduce the influence of big money in politics, and for other purposes.”

Senator Manchin is a co-sponsor to the bill, as are Senators Tester, Kaine, and Warnock, plus three more.

Titled, the “Freedom to Vote Act”, its text offers the usual claptrap of wrongdoings in elections that must be corrected by Congress’ plenary powers to regulate the “time, manner, and place” of elections.   This is just the latest attempt to repackage H.1./S.1. and other previously introduced election bills in order to federalize the elections’ process.

Hopefully, it will not pass.

In almost 600 pages of text, the Freedom to Vote Act is divided into three divisions and a multitude of subtitles and sections. BILLS-117s2747pcs (See Attachment 1, 8 pages.)  As you can see by the numbering, not every section is identified.  Not every nuance, definition, explanation, or exception is addressed.

SUMMARY:  The Freedom to Vote Act

This listing of summarized provisions within the Freedom to Vote Act is not all-inclusive and does not address every nuance or exception to any particular provision, unless so noted.

• Division A—Voter Access.
• Division B—Election Integrity.
• Division C—Civic Participation and Empowerment.

DIVISION A—VOTER ACCESS:  

• Sec. 1002 – Requiring automatic voter registration for the registration of eligible individuals, including individuals under age 18, but not less than 16, unless they decline.  States can still prohibit 16-year-olds from voting.  Using State agencies other than the Department of Motor Vehicle to register individuals to vote

• Sec. 1011 – Making election day a public legal holiday

• Sec. 1021 – 1025 – Allowing individuals to register to vote through the internet and by mail.  Using only the last four digits of an individual’s social security number on applications when registering to vote

• Sec. 1028 – An application to register to vote will automatically be used as a request for an absentee ballot

• Sec. 1031 – Requiring States to allow registration to vote and voting on same day

• Secs. 1041 and 1042 – Providing voter registration information to individuals at the conclusion of any naturalization ceremony and providing voter registration information to individuals who apply for federally-assisted rental housing and mortgage loans

• Sec. 1044 – Requiring States to develop “voter privacy programs” to protect victims of domestic violence, dating violence, stalking, sexual assault, and trafficking

• Secs. 1101 – 1107 – Voting access for the disabled and the elderly that includes absentee registration and absentee ballots; and requiring States to develop a pilot program that allows in-home voting

• Sec. 1102 – Requiring States to “partner” with outside organizations to develop accessible election websites and requiring States to establish a committee to develop a state plan that describes how the State and local governments will meet registration and information requirements.  Committee membership will be comprised of:

(i) the chief election officials of the four most populous jurisdictions within the State,

(ii) the chief election officials of the four least populous jurisdictions within the State,

(iii) representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability,

(iv) representatives from two older individual advocacy groups, including at least one such representative who is an older individual,

(v) representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites,

(vi) representatives from two independent non-governmental voting rights organizations, and

(vii) representatives from State protection and advocacy systems

• Sec. 1201 – Requiring each State to allow early voting that begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election.

• Sec. 1301 – Requiring States to allow voting by mail.

1. 1. Requiring States to establish at least one polling place on college campuses

   2. Allowing States to begin processing and scanning of ballots cast not later than the date that is 14 days prior to the date of the election.

   3. Preventing a state from requiring an individual to submit any form of identifying the document as a condition of obtaining or casting an absentee ballot, except that nothing in this may be construed to prevent a State from requiring the information required to complete an application for voter registration for an election for Federal office, provided that the State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot.

   4. Preventing a State from requiring a notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot.

   5. Preventing a State from imposing a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal.

   6. Providing an opportunity to cure discrepancies in signatures on ballots and on the official list of registered voters and curing missing signatures and other defects.

   7. Requiring States to allow individuals to apply for absentee ballots online and to allow that first application to serve as a request for an absentee ballot for all subsequent elections, until the individual is no longer registered to vote in the State or the individual provides an affirmative written notice revoking such treatment.

   8. Requiring a State to accept and process a ballot submitted by an individual by mail even though the individual did not meet a deadline for returning the ballot, as long as the ballot is postmarked or otherwise indicated by the Postal Service to have been mailed on or before the date of the election or has been signed by the voter on or before the date of the election and the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election.

   9. Requiring the Postal Service to ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office.
      

• Sec. 1302 – Requiring States to establish a program to track and confirm the receipt of mail-in ballots and absentee ballots.

• Sec. 1304 – Requiring the Postal Service to appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials.
  

• Sec. 1305 – Requiring states and local jurisdictions to provide for “secure” drop boxes for voted ballots, some of which will be on a 24/7 basis and not less than one dropbox for each 45,000 registered voters located in the jurisdiction or one dropbox for every 15,000 votes that were cast by mail in the jurisdiction. 

• Sec. 1601 – Requiring a State and local jurisdiction to provide notices/signs that a particular polling place is closed or other changes have taken place and prescribing the contents of the notice/sign.

• Sec. 1602 – Requiring states and local jurisdictions to provide voter registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, in the language of the applicable minority group as well as in the English language, within certain limitations.

• Sec. 1607 – Ensuring there are a sufficient number of voting machines to ensure waiting times do not exceed 30 minutes.

• Sec. 1608 – Requiring curbside voting.

• Secs. 1703-1706 – Requiring States to notify convicted felons of their right to vote in an election for Federal office.

• Sec. 1801 – Permitting voter identification requirements, but with some limitations.  If the individual does not meet the voter ID requirements, the State will allow the individual to vote if: (1) the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for at least six months under penalty of perjury, attesting to the individual’s identity; (2) the official has known the individual for at least six months; or (3) in the case of residents of a State-licensed care facility, an employee of the facility confirms the individual’s identity;  Failing this, the State will allow the individual to use a provisional ballot.  Requiring the counting of provisional ballots on the grounds listed.  Requiring States to provide notice and opportunity to cure discrepancies in signature on the ballot and the signature of such individual on the official list of registered voters.

• Sec. 1901 – Prohibiting voting caging, which is defined as—(A) a non-forwardable document sent by any person other than a State or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document sent by any person other than a State or local election official with instructions to an addressee that the document is returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant.  The specific prohibition is:

“No State or a local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal  office a formal challenge under State law to an individual’s registration status or eligibility to vote if the basis for such decision is evidence consisting of—(1) a voter caging document or voter caging; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote….”

• Sec. 1911 – Prohibiting States from removing voters from the official list of registered voters on the basis of the voter to vote in any election, to respond to any election mail unless the mail has been returned as undeliverable, or the failure of the registrant to take any other action required. Allowing states and jurisdictions to remove a voter from the list of eligible voters on the basis of the registrant has died or has permanently moved out of the State.

DIVISION B—ELECTION INTEGRITY

• Sec. 2001 – Prohibiting anyone, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote.
  
• Sec. 3101 – Making it shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties

• Sec. 3202 – Prohibiting any person, within 60 days before an election by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated false information with the intent to prevent another person from voting.

• Sec. 3401 – Prohibiting a government from substantially impairing the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action furthers an important, particularized governmental interest.

• Sec. 3601 –  

1. 1. No person, other than a State or local election official, 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—‘(A) documented in writing; and 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 election, except a challenge which is based on the race, ethnicity, or national origin 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 paragraph.
       
   2. No person will be able to challenge an individual’s eligibility to register to vote or to vote less than 10 days before the election.

   3. A person who is serving as a poll observer may not come within 8 feet of—(A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring.

• Sec. 3702 – In line with certain exceptions, a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients.

• Sec. 3802 – Requiring political committees and individuals to report foreign contact to the Federal Bureau of Investigation and other Federal and legislative entities.

• Sec. 3902 – Requiring the use of durable paper ballots of the voter’s vote that will be marked by the voter, and which shall be counted by hand or another counting device or read by a ballot tabulation device.  The voter must have an opportunity to correct any error.  The paper ballot will be preserved and used as the official ballot for purposes of any recount or audit.

• Sec. 3906 – Prohibiting the use of any wireless voting devices and prohibiting the connection of any voting device to the internet.

• Sec. 3911 – Addressing the counting of provisional ballots.  If a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place, the appropriate election official of the jurisdiction shall count each vote on such ballot for each election.  If an individual in a State is eligible to cast a provisional ballot, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot.’.

• Sec. 4001 – Requiring each State and jurisdiction to administer post-election audits of the results of all election contests in accordance with the requirements within the section.

• Sec. 4004 – Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system.  If a jurisdiction acquires and implements a new voting system within 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner and updated report under the preceding sentence.

• Sec. 4005 – Before the November 2024 election, requiring each State to the extent practicable, to use only voting machines in elections that are manufactured in the United States.  Ensuring that any software or code developed for any voting system purchased or acquired is developed and stored in the United States.

DIVISION C—CIVIC PARTICIPATION AND EMPOWERMENT

• SECS. 5003.- 5008 – Establishing criteria for redistricting, including establishing single-member congressional districts, and other requirements, such as redistricting plans that favor or disfavor political parties.

• Se. 6011 – Requiring any “covered” organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle to disclose and file a statement with the Commission that contains certain information, such as the name of the covered organization and principal place of business, and, in the case of a covered organization that is a corporation, a list of the beneficial owners, the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.

• SEC. 6108 – Requiring an online platform to maintain and make available for online public inspection in a machine-readable format, a complete record of any request to purchase on such online platform a qualified political advertisement, which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500.

• SEC. 6109 – Requiring each television or radio broadcast station, provider of cable or satellite television, or online platform to make reasonable efforts to ensure that communications made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly.

• SEC. 6110- Requiring online platforms to display notices identifying sponsors of political ads.

• SEC. 8001 – Establishing a ‘‘State Democracy Promotion Program’’ under which the Director of the Office of State Democracy Promotion shall make allocations to each State for each fiscal year to carry out democracy promotion activities.

• SEC. 8101 – Establishing an “Optional Democracy Credit Program” that will make payments to States to operate a credit program, under which the State will give a qualified individual $25 to be given to candidates for office.

• SEC. 8111 – Establishes a small dollar financing program for elections for the House of Representatives, under which a candidate may receive 600% of the amount of qualified small-dollar contributions received by the candidate.  There are limits to the amount available under this program.

• SEC. 8202 – Authorizing the payment of certain personal use services by the authorized committee of a candidate to include, child care services, elder care services, and health care services within certain limits.