Business over Ballots Act

Bill Number

H.R. 2968

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Commerce

Status

Introduced

Latest Action

2025-04-30: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 11.

Last Updated

2025-10-22T08:05:35Z

AI-Generated Summary

Purpose

The "Business over Ballots Act" (H.R. 2968) aims to restrict the Small Business Administration (SBA), a federal agency that supports small businesses, from engaging in or funding activities related to voter registration. It emphasizes that the SBA's primary role is to assist small businesses, not to promote voting access.

Key Provisions

• Sense of Congress: This non-binding section states that:
• The SBA should prioritize helping small businesses.
• Facilitating voter registration exceeds the SBA's legal authority and mission.
• No presidential executive order (a directive from the President to federal agencies) can override this Act or require the SBA to promote voter registration.

• Prohibition on SBA Actions: The SBA Administrator is barred from any efforts to ease voter registration access, except where explicitly allowed by existing federal laws.

• Contract and Agreement Terms:
• All new contracts or agreements for SBA assistance must include a clause prohibiting the recipient from using the funds or support for voter registration.
• Current recipients of SBA aid cannot use it for voter registration unless the original terms of their assistance explicitly permit it.

• Restrictions on Covered Entities: The SBA cannot direct, partner with, or request that certain entities (like state or local governments receiving SBA funds) perform voter registration activities, unless Congress specifically authorizes it.

• Definitions:
• Administrator: The head of the SBA.
• Covered Entity: Any organization, state, or local government that gets SBA funding through contracts, agreements, or similar arrangements to run SBA programs. This excludes individuals or businesses receiving standard SBA loans or guarantees.

Significant Changes to Existing Law

• This Act introduces new limits on the SBA's discretion, preventing it from expanding into voter-related activities without congressional approval.
• It amends how SBA assistance is provided by mandating anti-voter-registration clauses in future agreements and retroactively restricting existing ones.
• It explicitly protects against executive orders that might direct the SBA to handle voter registration, reinforcing congressional control over agency actions.

Potential Impacts

• On Government Agencies: The SBA will face stricter operational boundaries, potentially reducing administrative flexibility and requiring reviews of ongoing programs to ensure compliance. Other agencies involved in voter access (e.g., those under election laws) may see indirect effects if SBA partnerships are curtailed.
• On Citizens: Small business owners and communities relying on SBA aid might experience less integration of voter registration services in business support programs, possibly limiting convenient voting opportunities for some groups.
• On International Relations: No direct impacts, as the bill focuses on domestic agency operations and U.S. elections.
• Overall, it could streamline SBA focus on economic aid but reduce non-partisan voter outreach through federal small business channels.

Main Stakeholders Affected

• Small Business Administration (SBA): Directly limited in scope and funding uses.
• Small Business Owners and Recipients: Those receiving SBA loans, grants, or assistance must avoid voter-related activities to comply, affecting how they use federal support.
• State and Local Governments: As potential "covered entities," they cannot leverage SBA funds for voter registration without explicit permission.
• Congress and the Executive Branch: Congress gains clearer authority over SBA actions; the President’s ability to issue related executive orders is curtailed.
• Voter Advocacy Groups: May face reduced federal partnerships for registration drives tied to small business services.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens statutory limits on federal agencies (like the SBA) by clarifying that assistance cannot support activities outside core missions, potentially setting precedents for restricting "mission creep" in other agencies. It aligns with laws like the National Voter Registration Act but carves out SBA exceptions.
• Constitutional: Highlights separation of powers by asserting Congress's role in defining agency duties over executive directives, without directly challenging election administration under the Constitution's elections clause.
• Political: Could spark debates on federal involvement in voting access, viewed by some as protecting agency focus and by others as hindering civic participation; its introduction by Republican lawmakers suggests partisan tensions around election integrity and government roles.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Williams, Roger [R-TX-25]

Cosponsors (15)

Rep. Alford, Mark [R-MO-4], Del. King-Hinds, Kimberlyn [R-MP-At Large], Rep. Van Duyne, Beth [R-TX-24], Rep. Schmidt, Derek [R-KS-2], Rep. Meuser, Daniel [R-PA-9], Rep. Ellzey, Jake [R-TX-6], Rep. Wied, Tony [R-WI-8], Rep. Jack, Brian [R-GA-3], Rep. Downing, Troy [R-MT-2], Rep. Bresnahan, Robert [R-PA-8], Rep. Patronis, Jimmy [R-FL-1], Rep. Finstad, Brad [R-MN-1], Rep. LaLota, Nick [R-NY-1], Rep. Stauber, Pete [R-MN-8], Rep. Fry, Russell [R-SC-7]

Recent Actions

• 2025-04-30: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 11.
• 2025-04-30: Committee Consideration and Mark-up Session Held
• 2025-04-17: Referred to the Committee on Small Business, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-17: Referred to the Committee on Small Business, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-17: Introduced in House
• 2025-04-17: Introduced in House

Bill Versions

• Business over Ballots Act — issued 2025-04-17 — PDF (4 pages)