Sustaining Our Democracy Act
- Bill Number
- H.R. 4910
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-08-05: Referred to the House Committee on House Administration.
- Last Updated
- 2026-03-31T19:19:08Z
AI-Generated Summary
Purpose of the Legislation
The Sustaining Our Democracy Act (H.R. 4910) aims to strengthen U.S. elections by creating a federal program that provides funding to states for improving election administration, security, and voter access. It establishes a dedicated office and trust fund to support nonpartisan innovations and protections in federal elections, starting in fiscal year 2026.
Key Provisions
The bill is organized into three titles, focusing on funding mechanisms, administration, and oversight.
Title I: Payments and Allocations to States
- Democracy Advancement and Innovation Program (Section 101): Creates a program administered by a new federal office to allocate funds to states for "democracy promotion activities," including:
- Upgrading voting equipment, voter registration systems, polling sites, early/mail voting options, and cybersecurity to make elections more efficient and secure.
- Recruiting, training, and protecting nonpartisan election officials and poll workers from threats.
- Expanding voting access for underserved groups, such as people with disabilities, racial/language minorities, military/overseas voters, and those on Indian lands (defined as tribal territories, including reservations and certain Alaska Native areas).
- States can save unused funds for future years and must submit an annual state plan (Section 102) detailing how funds will be used, distributed to address disparities (e.g., geographic or racial), and managed through a dedicated state fund. Plans require consultation with state legislatures and approval by the federal office, in coordination with the Election Assistance Commission (EAC, a nonpartisan federal agency that provides election guidance).
- If a state fails to submit a plan, funds are redirected to its local political subdivisions (e.g., counties) based on population.
- Prohibitions (Section 103): Bans using funds for activities that suppress voters, such as intimidation, unreliable voter roll purges, or audits not meeting federal best practices. States must set up complaint procedures for violations, with federal review and potential court enforcement by the U.S. Attorney General.
- Allocations (Section 104): Funds are distributed equally per congressional district (about $7-8 million per district annually, based on total funding), proportional to each state's districts. The federal office determines total available funds yearly, consulting the EAC.
- Disbursement (Section 105): Funds flow through the EAC to states or directly to local officials, with no expiration date for use.
- Office of Democracy Advancement and Innovation (Section 106): Establishes an independent federal office led by a Senate-confirmed Director (6-year term, removable by President with congressional notice). The office oversees the program, issues regulations, and reports biennially to Congress. It includes staff and interim authority by the Office of Management and Budget until the Director is appointed (up to 24 months).
Title II: State Election Assistance and Innovation Trust Fund
- Trust Fund (Section 201): Creates a dedicated fund in the U.S. Treasury with $2.5 billion appropriated annually from 2026 to 2035. Funds support program allocations, office operations, and can accept private gifts. The office monitors the fund's balance to ensure solvency.
Title III: General Provisions
- Definitions (Section 301): Clarifies terms like "chief State election official" (the state's top elections administrator), "State" (includes D.C., Puerto Rico, territories), and "Indian lands."
- Deadlines and Severability (Sections 302-303): Provides rules for calculating deadlines (extending for weekends/holidays) and ensures the law remains effective if parts are ruled unconstitutional.
Significant Changes to Existing Law
- Introduces a new federal funding stream for state elections, separate from prior laws like the Help America Vote Act of 2002 (which provided one-time grants for voting systems).
- Amends the Inspector General Act to allow audits of the new office and the Hatch Act to apply its political activity restrictions to office staff.
- Mandates EAC consultation on state plans and fund determinations, expanding the EAC's advisory role without granting it direct control.
- Prohibits funding for certain practices (e.g., non-paper-trail voting machines or unreliable fraud investigations), building on but going beyond existing federal standards for election integrity and accessibility.
Potential Impacts
- Government Agencies: Creates administrative burdens for states to submit plans and reports, while empowering the new federal office and EAC with oversight roles. Local election offices gain direct funding access if states opt out. The Treasury manages the trust fund, potentially stabilizing long-term election budgeting.
- Citizens: Improves election security and access, potentially reducing wait times, enhancing privacy, and protecting workers, benefiting all voters but especially underserved groups (e.g., minorities, disabled individuals, rural residents). Prohibitions aim to prevent suppression, fostering fairer participation.
- International Relations: Minimal direct impact, though stronger domestic election infrastructure could indirectly bolster U.S. credibility in promoting global democracy.
Main Stakeholders Affected
- States and Local Election Officials: Primary recipients of funds; must comply with planning, reporting, and prohibitions to access allocations.
- Voters and Underserved Communities: Gain from expanded access, protections, and innovations, particularly racial minorities, disabled persons, military/overseas voters, and tribal members.
- Election Workers and Officials: Benefit from recruitment, training, and threat protection resources.
- Federal Agencies: The new Office, EAC, Department of Justice (for enforcement), and Treasury gain roles and responsibilities.
- Political Subdivisions: Can receive funds directly if states fail to participate, shifting power to local levels.
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces enforceable prohibitions and complaint processes, allowing federal intervention (e.g., Attorney General lawsuits) if states misuse funds, which could lead to litigation over "voter suppression" definitions. Judicial review is limited to whether federal actions are "arbitrary or capricious" (a deferential standard under administrative law).
- Constitutional: Enhances federal support for state-run elections under Article I, Section 4 (which gives Congress power to regulate federal elections), without mandating specific practices—states retain control via plans. The severability clause protects against challenges (e.g., on spending power or federalism). No direct impact on First Amendment rights, as activities are nonpartisan.
- Political: Promotes bipartisan election improvements but could spark debates over federal "strings" on state autonomy or perceptions of partisanship in prohibitions (e.g., on fraud probes). Biennial reporting ensures congressional oversight, potentially influencing future appropriations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Williams, Nikema [D-GA-5]
Cosponsors (55)
Rep. Sewell, Terri A. [D-AL-7], Rep. Johnson, Julie [D-TX-32], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Veasey, Marc A. [D-TX-33], Rep. Ramirez, Delia C. [D-IL-3], Rep. Mullin, Kevin [D-CA-15], Rep. Ansari, Yassamin [D-AZ-3], Rep. Beyer, Donald S. [D-VA-8], Rep. Brown, Shontel M. [D-OH-11], Rep. Budzinski, Nikki [D-IL-13], Rep. Carson, André [D-IN-7], Rep. Casten, Sean [D-IL-6], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Clarke, Yvette D. [D-NY-9], Rep. Cleaver, Emanuel [D-MO-5], Rep. Crockett, Jasmine [D-TX-30], Rep. DelBene, Suzan K. [D-WA-1], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Doggett, Lloyd [D-TX-37], Rep. Elfreth, Sarah [D-MD-3], Rep. Evans, Dwight [D-PA-3], Rep. Fields, Cleo [D-LA-6], Rep. Figures, Shomari [D-AL-2], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Green, Al [D-TX-9], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Kelly, Robin L. [D-IL-2], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Lee, Summer L. [D-PA-12], Rep. Lynch, Stephen F. [D-MA-8], Rep. McClellan, Jennifer L. [D-VA-4], Rep. McIver, LaMonica [D-NJ-10], Rep. Meeks, Gregory W. [D-NY-5], Rep. Mfume, Kweisi [D-MD-7], Rep. Min, Dave [D-CA-47], Rep. Neguse, Joe [D-CO-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Salinas, Andrea [D-OR-6], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Simon, Lateefah [D-CA-12], Rep. Strickland, Marilyn [D-WA-10], Rep. Sykes, Emilia Strong [D-OH-13], Rep. Thanedar, Shri [D-MI-13], Rep. Thompson, Bennie G. [D-MS-2], Rep. Titus, Dina [D-NV-1], Rep. Tlaib, Rashida [D-MI-12], Rep. Tonko, Paul [D-NY-20] and 5 more
Recent Actions
- 2025-08-05: Referred to the House Committee on House Administration.
- 2025-08-05: Introduced in House
- 2025-08-05: Introduced in House
Bill Versions
- Sustaining Our Democracy Act — issued 2025-08-05 — PDF (30 pages)