[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2588 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2588
To establish a democracy advancement and innovation program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2025
Mr. Padilla (for himself, Ms. Klobuchar, Ms. Warren, Mr. Schiff, Mr.
Blumenthal, Mr. Markey, Mr. King, Mr. Kaine, Mr. Sanders, Mr. Welch,
Ms. Smith, Mr. Kim, Mr. Wyden, Mr. Booker, Ms. Hirono, and Mr. Merkley)
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sustaining Our
Democracy Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PAYMENTS AND ALLOCATIONS TO STATES
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 ALLOCATIONS TO STATES
SEC. 101. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``Democracy Advancement and Innovation Program'' under 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).
(b) Democracy Promotion Activities Described.--The democracy
promotion activities described in this subsection are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades to
voting equipment and voter registration systems, voter
registration and nonpartisan voter outreach activities,
securing voting locations, expanding polling places and the
availability of early and mail voting, and promoting
cybersecurity.
(2) 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.
(3) 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.
(c) Permitting States To Retain and Reserve Allocations for Future
Use.--A State may retain and reserve an allocation received for a
fiscal year to carry out democracy promotion activities in any
subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) 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
(B) not later than 45 days before the first day of
the fiscal year, the Director, in consultation with the
Election Assistance Commission as described in
paragraph (3), determines that the State plan will
enable the State to carry out democracy promotion
activities and approves the plan.
(2) Submission and approval of revised plan.--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--
(A) the chief State election official of the State
submits a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission as described in paragraph (3),
determines that the revised version of the State plan
will enable the State to carry out democracy promotion
activities and approves the plan.
(3) Election assistance commission consultation.--With
respect to a State plan submitted under paragraph (1) or a
revised plan submitted under paragraph (2)--
(A) the Director shall, prior to making a
determination on approval of the plan, consult with the
Election Assistance Commission; and
(B) 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.
(4) Consultation with legislature.--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.
(5) Rules for states that do not submit a state plan.--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--
(A) for purposes of this title (other than section
104)--
(i) each political subdivision within the
State shall be treated as a State for purposes
of this title (other than section 104); and
(ii) 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;
(B) in applying this subsection to any political
subdivision of the State--
(i) 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'';
(ii) 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
(iii) paragraph (4) shall not apply; and
(C) the amount of the allocation made to each such
political subdivision under the Program shall be the
sum of--
(i) 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--
(I) the population of the political
subdivision; bears to
(II) the population of such State;
plus
(ii) 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--
(I) the population of the political
subdivision; bears to
(II) 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)).
(e) State Report on Use of Allocations.--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.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of
subsection (d) and revised plans submitted under
paragraph (2) of subsection (d).
(B) The Director's notifications of determinations
with respect to such plans under subsection (d).
(C) Reports submitted by States under subsection
(e).
(2) Redaction.--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.
(g) Effective Date.--This section shall apply with respect to
fiscal year 2026 and each succeeding fiscal year.
SEC. 102. STATE PLAN.
(a) Contents.--A State plan under this section with respect to a
State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) 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.
(4) 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--
(A) activities described in subsection 101(b)(1)
(relating to election administration);
(B) activities described in section 101(b)(2)
(relating to activities to recruit, train, retain, and
protect election workers); and
(C) activities described in section 101(b)(3)
(relating to activities to increase access to voting in
elections for Federal office by certain communities).
(5) A description of how funds allocated under paragraph
(4) will be allocated to political subdivisions of the State.
(6) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(7) A description of the State-based administrative
complaint procedures established for purposes of section
103(a)(2).
(8) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--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:
(A) 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.
(B) The payment made to the State under the
Program.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of 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.
(3) Treatment of states that require changes to state
law.--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.
SEC. 103. PROHIBITIONS.
(a) Prohibited Uses of Payments.--
(1) In general.--A State may not use a payment made under
the Program to carry out--
(A) any activity described in paragraph (2); or
(B) any other activity which has the purpose or
effect of diminishing the ability of any eligible voter
to participate in the electoral process.
(2) Prohibited activities.--The following are activities
described in this paragraph:
(A) Activities that intimidate, threaten, or coerce
voters, poll workers, or election administrators.
(B) 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).
(C) The removal of election administrators from
their positions other than for negligence, neglect of
duty, or malfeasance in office.
(D) Defending against lawsuits alleging voter-
suppression practices or proposed practices.
(E) The investigation of claims of voter fraud
based on the mere invocation of interests in voter
confidence or prevention of fraud.
(F) The performance of audits that--
(i) fail to meet best practices established
by the Election Assistance Commission;
(ii) 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
(iii) 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)).
(G) The removal of voters from voter rolls based on
evidence that is not reliable.
(H) Activities preventing individuals seeking to
have their right to vote or register to vote restored.
(I) 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.
(b) State-Based Administrative Complaint Procedures.--
(1) Establishment.--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.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to
the complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a
statement of the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--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.
(B) Action by director.--Upon receiving a request
under subparagraph (A), the Director shall review the
decision and, in accordance with such procedures as the
Director may establish, incl