S. 1398Senate118th Congress (2023-2025)In Committee

Promoting Free and Fair Elections Act

Sponsored by Ted BuddSen. Ted Budd (R-NC)
Introduced May 2, 2023

AI-Generated Summary

Updated January 20, 2026 at 7:00 AM UTC

The Promoting Free and Fair Elections Act bars federal agencies from using their funds or entering agreements with nonprofit groups to carry out voter registration or voter‑mobilization activities on agency property or websites. It also pauses the use of agency money for actions directed by Executive Order 14019 until agencies submit required reports or certifications. The bill requires agencies to report their voter‑registration plans and activities, and it amends the Higher Education Act to clarify work‑study programs cannot involve voter registration or mobilization. The measures apply to most federal agencies (excluding independent regulatory agencies) and any NGOs they might partner with.

Key Provisions

  • Prohibits agencies from using funds to solicit or contract with NGOs for voter registration or mobilization on agency premises or websites.
  • Delays implementation of activities under Executive Order 14019 until agencies submit a strategic plan or certification, with an exception for certain National Voter Registration Act activities.
  • Requires each agency, within 30 days of enactment, to submit to designated congressional committees either its voter‑registration strategic plan under EO 14019 or a certification that no such plan exists, and to report on activities carried out under EO 14019.
  • Amends the Higher Education Act to specify that federal work‑study programs may not involve registering or mobilizing voters on or off campus.
  • Defines “agency” for the purposes of the Act (excluding independent regulatory agencies) and identifies the congressional committees that will receive the required reports.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Rules and Administration.

May 2, 2023

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SenateIntro Referral

Introduced in Senate

May 2, 2023

SenateIntro Referral

Read twice and referred to the Committee on Rules and Administration.

May 2, 2023

Floor Debate

2 members

What members said about S. 1398 on the floor

1 Republican1 Democrat
Ted Budd
Sen. Ted BuddR-NC · Sep 25, 2024

Madam President, Americans should be able to trust our electoral process. But the Biden-Harris administration is undermining the system. And this is rightly causing millions of Americans to doubt the…

Alex Padilla
Sen. Alex PadillaD-CA · Sep 25, 2024

Reserving the right to object. Madam President, I rise today in opposition to a bill introduced by my colleague from North Carolina. Let me start by saying this: The Senator from North Carolina says…

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 2, 2023

II

118th CONGRESS

1st Session

S. 1398

IN THE SENATE OF THE UNITED STATES

May 2, 2023

Mr. Budd (for himself, Mr. Lee, Mr. Braun, Mr. Hagerty, Mrs. Fischer, Mr. Marshall, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL

To prohibit agencies of the government from soliciting or entering into agreements with nongovernmental organizations to conduct voter registration or voter mobilization activities on the property or website of the agency or from using Federal funds to carry out activities directed under Executive Order 14019, and for other purposes.

1.

Short title

This Act may be cited as the Promoting Free and Fair Elections Act.

2.

Prohibiting promotion of voter registration by agencies

(a)

Agreements with nongovernmental organizations

None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency.

(b)

Activities under Executive Order 14019

(1)

Delay in implementation

(A)

Delay

Except as provided in subparagraph (B), none of the funds made available for the salaries and expenses of an agency may be used to implement activities directed under Executive Order 14019 (86 Fed. Reg. 13623) until—

(i)

in the case of an agency that is required to submit a report to the appropriate congressional committees under paragraph (2)(A), 180 days after the agency submits the report; or

(ii)

in the case of an agency that is required to submit a report to the appropriate congressional committees under paragraph (2)(B), the date on which the agency submits the report.

(B)

Exception

Subparagraph (A) shall not apply to any activity described in section 7(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(c)).

(2)

Report

Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees—

(A)

a copy of the strategic plan of the agency for promoting voter registration and voter participation under section 3(b) of Executive Order 14019 (86 Fed. Reg. 13623) that the agency developed or submitted to the Assistant to the President for Domestic Policy; or

(B)

if the agency did not develop or submit a plan described in subparagraph (A) to the Assistant to the President for Domestic Policy, a certification signed by the head of the agency that the agency did not develop or submit such a plan.

(c)

Effective date

Except as provided in subsection (b)(2), this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

3.

Additional report on voter registration and mobilization

Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623).

4.

Prohibiting voter registration and mobilization in Federal work-study programs

Section 443(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087–53(b)(1)) is amended—

(1)

in subparagraph (C), by striking and;

(2)

by redesignating subparagraph (D) as subparagraph (E); and

(3)

by inserting after subparagraph (C) the following:

(D)

does not involve registering or mobilizing voters on or off the campus of the institution; and

.

5.

Definitions

In this Act:

(1)

Agency

The term agency has the meaning given the term in section 3502(1) of title 44, United States Code, except that for purposes of section 2(b) of this Act such term does not include an independent regulatory agency as defined in section 3502(5) of title 44, United States Code.

(2)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Rules and Administration of the Senate;

(B)

the Committee on Judiciary of the Senate;

(C)

the Committee on House Administration of the House of Representatives; and

(D)

the Committee on Judiciary of the House of Representatives.