Protect American Election Administration Act of 2025

Bill Number

H.R. 723

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-24: Referred to the House Committee on House Administration.

Last Updated

2025-06-13T18:05:42Z

AI-Generated Summary

Purpose

The Protect American Election Administration Act of 2025 aims to safeguard the integrity of federal elections by preventing private entities from influencing election administration through funding or donations. It amends the Help America Vote Act of 2002 (HAVA), a law that sets standards for voting systems and election processes, to restrict states' use of non-public resources in these activities.

Key Provisions

• Prohibition on Private Funding: States are barred from soliciting, receiving, or spending any payments, donations of funds, property, or personal services from private entities (such as companies or organizations) for administering elections for federal offices. This includes programs for voter education, outreach, and registration.
• Limited Exception: The ban does not apply to donations of physical space from private entities for use as polling places or early voting sites.
• Enforcement and Applicability: Violations can be enforced under HAVA's existing mechanisms. The rules take effect for all federal elections held after the bill's enactment.

Significant Changes to Existing Law

• Inserts a new Section 305 into HAVA's Title III, which previously focused on election administration requirements without addressing private funding restrictions.
• Redesignates existing Sections 305 and 306 as 306 and 307 to accommodate the new section.
• Updates HAVA's enforcement provision (Section 401) to include the new Section 305, allowing the same remedies (like court actions) for violations.
• Amends the table of contents in HAVA for clarity.

Potential Impacts

• On Government Agencies: State election offices may need to rely more heavily on federal or state public funds for election activities, potentially increasing costs or requiring budget adjustments. Federal oversight through HAVA enforcement could become more active.
• On Citizens: Voters might experience changes in how election resources are allocated, such as reduced private support for outreach programs, which could affect access to information or registration drives in underfunded areas.
• On International Relations: No direct impacts, as the bill focuses on domestic federal elections.

Main Stakeholders Affected

• States and Election Officials: Directly restricted in funding options, requiring shifts to public financing for federal election administration.
• Private Entities: Nonprofits, corporations, and other organizations that previously donated to election efforts (e.g., for voter registration drives) will be limited, except for space donations.
• Voters and the Public: Indirectly affected through potential changes in election resource availability and perceived integrity of the process.
• Federal Government: Gains enforcement authority but may face increased administrative burdens in monitoring compliance.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens HAVA's framework by closing potential loopholes in funding sources, but could lead to lawsuits over what qualifies as "administration" or "private entities." Enforcement relies on existing HAVA tools, which include civil actions by the Attorney General or private citizens.
• Constitutional: May raise questions under the First Amendment regarding free speech or association rights for private donors, though the bill frames it as a regulation on government use of funds rather than a direct speech restriction. It aligns with federal authority over federal elections under Article I, Section 4 of the U.S. Constitution.
• Political: Promotes election security by reducing perceived undue influence from private interests, potentially addressing concerns about partisan funding in elections, but could spark debates over limiting civic engagement by nonprofits.

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

Sponsor

Rep. Cole, Tom [R-OK-4]

Cosponsors (10)

Rep. Foxx, Virginia [R-NC-5], Rep. Ellzey, Jake [R-TX-6], Rep. Tenney, Claudia [R-NY-24], Rep. Zinke, Ryan K. [R-MT-1], Rep. Carter, John R. [R-TX-31], Rep. Mann, Tracey [R-KS-1], Rep. Calvert, Ken [R-CA-41], Rep. Bice, Stephanie I. [R-OK-5], Rep. Donalds, Byron [R-FL-19], Rep. Loudermilk, Barry [R-GA-11]

Recent Actions

• 2025-01-24: Referred to the House Committee on House Administration.
• 2025-01-24: Introduced in House
• 2025-01-24: Introduced in House

Bill Versions

• Protect American Election Administration Act of 2025 — issued 2025-01-24 — PDF (3 pages)