Summary of the Provisions of the Freedom to Vote Act (https://www.congress.gov/bill/117th-congress/senate-bill/2747/text)
Title 1
· Automatic voter registration
· Election Day as a legal holiday
· Internet registration available
· Same day voter registration available
· Streamlining voter registration at
o Naturalization ceremonies
o Federally assisted housing
· Voters under 18 may pre-register
· Assuring opportunities to vote for the elderly and voters with disabilities
· Voting available by mail for all registered voters
· Assures timely delivery of ballots to all uniformed and overseas voters and protects the rights of their eligible family members to vote as well
· Notification of changes in polling places
· Accommodations for voters in Indian country where voting is particularly difficult due to poor postal delivery service, poor internet availability and long distances to polling places.
· Equitable and efficient operation of all polling places
· Prohibiting states from barring curbside voting
· Voting rights for felons who are not incarcerated
o Restoration of voting rights upon release from prison
· Establishes requirements for voter IDs
· Prohibitions on individuals and officials from the practice of voter caging
· Conditions for removing voters from voter lists (purging) – i.e. because the voter is deceased or has moved to another state
Title 2
· Prohibits any person from interfering with, hindering or preventing voter registration of a US citizen
Title 3
· Prohibits state officials from removing local election officials except for gross negligence, neglect of duty, or malfeasance in office
· Bars intimidation, coercion or harassment of election workers in the performance of their duties
· Bars deceptive practices (e.g. lying to a voter about the time or place of an election or their eligibility to vote) by any person within 60 days of an election to prevent eligible voters from voting or giving false information to voters about the endorsement of a candidate by a public official
· Makes intimidation of elections processors, tabulators or certifiers a crime
· Protects election records and infrastructure from destruction within 22 months of an election
· Bars undue burdens on citizens right to vote in federal elections
“Every citizen of legal voting age shall have the right to vote in elections for Federal office. A government may not diminish the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest.”
· Only election officials can challenge an individual’s eligibility and right to vote absent personal knowledge and sworn attestation
· Poll observers must allow an 8-foot buffer zone from voters and ballot tabulators
· Governments cannot restrict distribution of food and water to voters standing in line, as long as there is no partisanship in the distribution of food and water and no electioneering.
· Reportable foreign contacts with political campaigns to assist the campaign or candidate must be reported to the FBI
· There must be voter-verifiable permanent paper ballots
· No wireless connections or connections to the internet on election systems which tabulate and record votes
· Provisional ballots cast in the wrong precinct shall be counted; provisional ballots cast in the wrong county may be counted at state option.
· Standards for counting provisional ballots must be standard and non-discriminatory throughout the state.
Title 4
· All states must conduct election audits of at least one statewide federal race or if there are none, one congressional race drawn at random in each election cycle
· Voting machines must be manufactured or assembled in the US
Title 5
· No mid-decade redistricting
· Redistricting must comply with the Civil Rights Act of 1965
· Districts must represent communities of common interest
· Partisan redistricting is barred. Redistricting may not favor or disfavor any political party
· Process must be open and transparent
Title 6
· Prohibits foreign donations in elections and prohibits shell companies to conceal them
· Requires campaign financial reporting
· Requires reporting of spending on judicial nominations
· Requires disclosures on internet political advertising and electioneering and prohibits foreign electioneering via the purchase of internet ads and electioneering on social media, etc.
· Requires disclosures of dark money contributors
Title 7
· Seeks to prohibit coordination between political campaigns and Super PACs
· Seeks to reinvigorate the FEC by giving increased responsibilities to the General Counsel or acting General Counsel
· Restricts ex parte communications of the FEC members and staff
· Extends the statute of limitations on civil and criminal offenses from 5 to 10 years
Title 8
· Funding for states to increase voter participation in elections and to make election systems more secure
· States cannot use federal funds to diminish voter participation
· Creates a federal Office of Democracy Promotion
o A 4.75% add-on to federal fines and penalties is directed into the Trust Fund for Democracy Promotion
o Funds Democracy Credits of $25 to be administered by state Offices of Democracy Promotion
§ Funded only by the add on to fines and penalties, not by federal or state taxes
o Individual citizens may use their Democracy Credits to fund candidates of their choice for the House of Representatives
o Candidates may receive federal matching funds from the Trust Fund up to 600% of the total they receive in Democracy Credits from their contributors
§ (Funded only by the add on to federal civil and criminal fines and penalties, not by taxes)
§ To qualify, candidates must have at least 1,000 small dollar donors and have raised at least $50,000 in small dollar donations
§ There are limits on candidates who opt for this financing
o Allows candidates for public office to use their campaign funds to pay for their childcare, elder care, and health insurance during the campaign