S.1240 - Defending America’s Future Elections Act (119th Congress)
Summary
S.1240, the "Defending America's Future Elections Act," aims to repeal Executive Order 14248, issued by President Trump, which is seen as exceeding executive authority and potentially disenfranchising voters. The bill asserts that election administration primarily falls under the purview of Congress and the states, referencing Article 1, Section 4 of the Constitution. It also cites the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 as examples of bipartisan efforts to establish voter registration requirements and improve election administration.
The bill prohibits the use of federal funds by the Department of Government Efficiency to access state voter registration lists or related records. This restriction seeks to prevent federal overreach into state election processes.
Ultimately, the bill intends to reinforce the role of Congress and the states in managing elections and to prevent potential voter disenfranchisement.
Expected Effects
If enacted, S.1240 would nullify Executive Order 14248, preventing its implementation. This would maintain the existing framework for federal elections and prevent any changes that the executive order might have introduced.
Furthermore, the bill would restrict the Department of Government Efficiency from accessing state voter registration data, ensuring state autonomy in managing voter rolls.
This action would likely lead to legal challenges, particularly concerning the balance of power between the executive and legislative branches regarding election administration.
Potential Benefits
- Prevents potential voter disenfranchisement by repealing an executive order deemed unconstitutional.
- Reinforces the role of Congress and the states in election administration, aligning with Article 1, Section 4 of the Constitution.
- Protects state autonomy by restricting federal access to voter registration data.
- Upholds bipartisan efforts to improve election administration, as exemplified by the National Voter Registration Act and the Help America Vote Act.
- Reduces uncertainty and potential legal challenges associated with the implementation of the executive order.
Potential Disadvantages
- May limit the executive branch's ability to address perceived election integrity issues.
- Could be viewed as a partisan effort to undermine the previous administration's policies.
- May not address underlying concerns about election security and voter fraud, if any exist.
- Could create further political polarization surrounding election administration.
- The bill may face legal challenges regarding the separation of powers between the executive and legislative branches.
Constitutional Alignment
The bill aligns with Article 1, Section 4 of the Constitution, which grants Congress the power to regulate the time, place, and manner of elections. By repealing an executive order that is perceived to overstep executive authority, the bill reinforces the constitutional role of Congress and the states in election administration.
Furthermore, the bill's emphasis on preventing voter disenfranchisement aligns with the broader principles of democracy and equal protection under the law, although these principles are primarily articulated in the 14th and 15th Amendments, which are not directly referenced in the bill's text.
The bill's restriction on federal access to state voter registration data also respects the principles of federalism and state sovereignty.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).