HR 4910
Sustaining Our Democracy Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
The Sustaining Our Democracy Act establishes the State Election Assistance and Innovation Trust Fund and the Office of Democracy Advancement and Innovation to promote election activities across states. It provides funding through FY2035 to states for activities like improving election administration, recruiting election officials, expanding voting access, and enhancing cybersecurity. States must submit plans for how they will use these funds and adhere to specific prohibitions on activities that could diminish voter access.
Key provisions
- Establishes the State Election Assistance and Innovation Trust Fund with $2.5 billion annually from 2026-2035.
- Creates the Office of Democracy Advancement and Innovation to administer the program.
- Requires states to submit plans detailing how they will use allocated funds for activities like election administration and voter access.
- Prohibits states from using funds to diminish voter access or engage in activities that intimidate voters.
- States must establish uniform administrative complaint procedures.
- Allows states to retain funds for future use.
- Provides a mechanism for states that fail to submit a plan to receive a proportional allocation.
- Establishes a process for the Director to review and potentially overturn state plan decisions.
Who is affected
- State and local election officials
- Voters
- Federal Election Commission
- State legislatures
- Indian tribes
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
H. R. 4910
IN THE HOUSE OF REPRESENTATIVES
A BILL
To establish a democracy advancement and innovation program, and for other purposes.
.Sustaining Our Democracy Act
The table of contents of this Act is as follows:
Democracy Advancement and Innovation Programunder which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b).
Activities to recruit, train, and retain nonpartisan election officials and poll workers and to protect election officials (both nonpartisan and those elected or appointed to their position) from threats against them in the course of their work administering Federal elections.
Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands.
A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year.
A State shall receive an allocation under the Program for a fiscal year if—
not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 102; and
If the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year—
the chief State election official of the State submits a revised version of the State plan; and
the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission; and
the Election Assistance Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act.
The chief State election official of the State shall develop the State plan submitted under paragraph (1) and any revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature.
If a State fails to submit a State plan described in section 102 before the date required under paragraph (1)(A), under rules established by the Director—
for purposes of this title (other than section 104)—
each political subdivision within the State shall be treated as a State for purposes of this title (other than section 104); and
in applying this title to such political subdivision, any duties required of the chief State election official shall be undertaken by the executive official of such political subdivision charged with the administration of elections;
in applying this subsection to any political subdivision of the State—
paragraph (1)(A) shall be applied by substituting the first day of the fiscal year
for 90 days before the first day of the fiscal year
;
paragraph (1)(B) shall be applied by substituting 30 days after the first day of the fiscal year
for 45 days before the first day of the fiscal year
; and
paragraph (4) shall not apply; and
the amount of the allocation made to each such political subdivision under the Program shall be the sum of—
an amount which bears the same proportion to the amount determined under section 104 with respect to the State in which the political subdivision is located as—
the population of the political subdivision; bears to
the population of such State; plus
an amount (not to exceed 100 percent of the amount determined with respect to the political subdivision under clause (i)) which bears the same proportion to the unsubscribed funds of the State as—
the population of the political subdivision; bears to
the population of the number of political subdivisions within the State that submitted a plan under section 102 before the date required under paragraph (1)(A) (after application of subparagraph (B)).
For purposes of subparagraph (C)(ii), the unsubscribed funds of any State is the sum of the amounts described in subparagraph (C)(i) with respect to political subdivisions in the State which did not submit a plan under this subsection before the date required under paragraph (1)(A) (after application of subparagraph (B)).
Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation.
The Director shall make available on a publicly accessible website the following:
State plans submitted under paragraph (1) of subsection (d) and revised plans submitted under paragraph (2) of subsection (d).
The Director’s notifications of determinations with respect to such plans under subsection (d).
Reports submitted by States under subsection (e).
The Director may redact information required to be made available under paragraph (1) if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law.
This section shall apply with respect to fiscal year 2026 and each succeeding fiscal year.
A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities.
A statement of how the State intends to distribute resources under the plan, including how the distribution of resources will address geographic and racial disparities within the State.
A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for—
activities described in subsection 101(b)(1) (relating to election administration);
A description of how funds allocated under paragraph (4) will be allocated to political subdivisions of the State.
A description of the State-based administrative complaint procedures established for purposes of section 103(a)(2).
For purposes of subsection (a)(6), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts:
Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program.
The payment made to the State under the Program.
Such other amounts as may be appropriated under law.
Interest earned on deposits of the fund.
Amounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program.
In the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted.
The following are activities described in this paragraph:
Activities that intimidate, threaten, or coerce voters, poll workers, or election administrators.
The restriction of the distribution of food or nonalcoholic beverages to voters while waiting at polling places (other than restrictions on distributions made on the basis of the electoral participation or political preference of the recipient).
The removal of election administrators from their positions other than for negligence, neglect of duty, or malfeasance in office.
Defending against lawsuits alleging voter-suppression practices or proposed practices.
The investigation of claims of voter fraud based on the mere invocation of interests in voter confidence or prevention of fraud.
The performance of audits that—
fail to meet best practices established by the Election Assistance Commission;
fail to meet the requirements for record retention under title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.); or
otherwise jeopardize election records, voting equipment, electronic poll books, or election management systems (as defined under the voluntary guidance issued by the Election Assistance Commission under section 311 of the Help America Vote Act of 2002 (52 U.S.C. 21101)).
The removal of voters from voter rolls based on evidence that is not reliable.
Activities preventing individuals seeking to have their right to vote or register to vote restored.
The purchase of voting machines that do not require the use of individual voter-verifiable paper ballots marked through the use of a nontabulating ballot marking device or system.
A State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint.
The State shall transmit to the Director a description of each complaint filed under the procedures, together with—
if the State provides a remedy with respect to the complaint, a description of the remedy; or
if the State dismisses the complaint, a statement of the reasons for the dismissal.
Any person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision.
Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy.
the Congressional district allocation amount (determined under subsection (b)); and
the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State.
For purposes of subsection (a), the Congressional district allocation amount
with respect to a fiscal year is equal to the quotient of—
the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by
the total number of Congressional districts in all States.
Not later than 120 days before the first day of each fiscal year, the Director—
shall determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year, taking into account the anticipated balances of the Trust Fund (including any amounts appropriated pursuant to section 106(i)); and
shall notify each State of the amount of the State’s allocation under the Program for the fiscal year.
In making the determination under paragraph (1), the Director shall consult with the Election Assistance Commission, but shall be solely responsible for making the final determinations under such paragraph.
The amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund.
As soon as practicable after receiving an allocation under subsection (a) with respect to a State, the Election Assistance Commission shall make payments to—
local election administrators in the State with respect to amounts related to activities in the State plan carried out directly by such local election administrators; and
the State with respect to any amount not described in paragraph (1).
A payment made to a State by the Election Assistance Commission under this section shall be available without fiscal year limitation.
The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate.
The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment.
The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule.
The duties of the Office are as follows:
the Office of Democracy Advancement and Innovation,after
Election Assistance Commission,.
Clause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended—
by striking or
at the end of subclause (XIII); and
by adding at the end the following new subclause:
Not later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this title and the amendments made by this title.
The Election Assistance Commission shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection.
a written determination that an orderly implementation of this Act is not feasible by the expiration of the transition period;
an explanation of why an extension is necessary for the orderly implementation of this Act;
a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and
a description of the steps that will be taken to ensure an orderly and timely implementation of this Act during the period described in clause (iii).
Notwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act.
There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2026 and each succeeding fiscal year.
State Election Assistance and Innovation Trust Fund.
There is hereby appropriated to the Trust Fund $2,500,000,000 for each of fiscal years 2026 through 2035.
Amounts in the Trust Fund shall be used to make payments and allocations under the Program and to carry out the activities of the Office.
In this Act, the following definitions apply:
The term chief State election official has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 (52 U.S.C. 21003(e)).
The term Director means the Director of the Office.
The term Indian lands includes—
any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602));
any land on which the seat of the Tribal government is located; and
any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census.
The term Office means the Office of Democracy Advancement and Innovation established under section 105.
The term Program means the Democracy Advancement and Innovation Program established under section 101.
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
The term Trust Fund means the State Election Assistance and Innovation Trust Fund established under section 201.
If any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of such Act and amendments made by such Act and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.