Defending America’s Future Elections Act

#1240 | S Congress #119

Subjects:

Last Action: Read twice and referred to the Committee on Rules and Administration. (4/1/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Defending America's Future Elections Act" is a bill aimed at repealing Executive Order 14248, issued by President Trump, which is described as overstepping the authority of the Executive Branch and potentially disenfranchising voters. The bill underscores Congress's constitutional authority over the administration of federal elections and references bipartisan laws like the National Voter Registration Act of 1993 and the Help America Vote Act of 2002, which established important voter registration and election administration standards.

The legislation prohibits the use of federal funds to implement the repealed executive order and restricts the Department of Government Efficiency from accessing state voter registration lists and other related records. The intent of this bill is to safeguard election integrity and ensure that voter access is upheld without undue federal interference.

Possible Impacts

Here are three examples of how the "Defending America's Future Elections Act" could affect people:

1. **Increased Voter Access**: By repealing Executive Order 14248, which is described as potentially disenfranchising millions of American voters, the legislation could lead to a more accessible voting process. Individuals who may have faced barriers due to stringent registration requirements or increased scrutiny of voter eligibility may find it easier to register and participate in elections, thereby enhancing democratic participation.

2. **Changes in Election Administration**: The prohibition on the use of federal funds to access state voter registration lists or related records could limit the ability of federal agencies to oversee or assist in the maintenance of accurate voter rolls. This may affect how states manage their voter registration processes and could lead to inconsistencies or challenges in ensuring that voter lists are up-to-date and accurate, potentially impacting the integrity of future elections.

3. **Impact on State and Federal Relations**: By reinforcing that the power to regulate the time, place, and manner of elections lies with Congress and the states, this legislation might lead to shifts in the relationship between federal and state governments regarding election laws. Individuals in different states may experience varying election processes and regulations, which could lead to confusion and disparities in voting experiences across the country.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1240

  To repeal an executive order relating to Federal elections, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 1 (legislative day, March 31), 2025

 Mr. Padilla (for himself, Mr. Wyden, Mr. King, Mr. Schiff, Mr. Reed, 
  Mr. Booker, Ms. Klobuchar, Mr. Welch, Ms. Slotkin, Mr. Merkley, Mr. 
 Whitehouse, and Ms. Hirono) introduced the following bill; which was 
  read twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To repeal an executive order relating to Federal elections, 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.

    This Act may be cited as the ``Defending America's Future Elections 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Article 1, section 4 of the Constitution of the United 
        States clearly demonstrates the time, place, and manner of 
        elections lie with Congress and the States, not with the 
        President.
            (2) On May 20, 1993, President William J. Clinton signed 
        the National Voter Registration Act of 1993 (Public Law 103-
        31), which was passed with bipartisan support.
            (3) The National Voter Registration Act of 1993 established 
        certain voter registration requirements and does not require 
        documentary proof of citizenship on the National Mail Voter 
        Registration Form.
            (4) On October 29, 2002, President George W. Bush signed 
        the Help America Vote Act of 2002 (Public Law 107-252), which 
        was passed on an overwhelmingly bipartisan basis.
            (5) The Help America Vote Act of 2002 established the 
        Election Assistance Commission, an independent and evenly 
        divided bipartisan agency to assist States with new standards 
        and improve election administration.
            (6) Executive Order 14248 (90 Fed. Reg. 14005), issued by 
        President Trump on March 25, 2025, entitled ``Preserving and 
        Protecting the Integrity of American Elections'', exceeds the 
        authority of the Executive Branch, is illegal and 
        unconstitutional, and would disenfranchise millions of American 
        voters.

SEC. 3. REPEAL OF EXECUTIVE ORDER.

    Executive Order 14248 (90 Fed. Reg. 14005) shall have no force or 
effect and no Federal funds may be used to implement, administer, 
enforce, or carry out such Executive order.

SEC. 4. PROHIBITION ON USE OF FUNDS.

    Notwithstanding any other provision of law, no Federal funds may be 
appropriated or transferred to, or used by, the Department of 
Government Efficiency to access each State's voter registration lists, 
records concerning voter list maintenance activities, Federal 
immigration databases, or other public or private State records related 
to Federal elections.
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