Defending America’s Future Elections Act
- Bill Number
- S. 1240
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-04-01: Read twice and referred to the Committee on Rules and Administration.
- Last Updated
- 2025-05-23T14:16:29Z
AI-Generated Summary
Purpose
The Defending America's Future Elections Act (S. 1240) aims to repeal Executive Order 14248, issued by President Trump on March 25, 2025, titled "Preserving and Protecting the Integrity of American Elections." The bill asserts that this order oversteps executive authority by interfering in election administration, which the Constitution assigns primarily to Congress and the states. It seeks to prevent potential voter disenfranchisement and protect state control over elections.
Key Provisions
- Findings Section: Outlines congressional determinations, including:
- The U.S. Constitution (Article 1, Section 4) grants Congress and states authority over the time, place, and manner of elections, excluding the president.
- References bipartisan laws like the National Voter Registration Act of 1993 (which simplifies voter registration without requiring proof of citizenship on mail forms) and the Help America Vote Act of 2002 (which created the bipartisan Election Assistance Commission to support state election standards).
- Declares Executive Order 14248 illegal, unconstitutional, and harmful to millions of voters.
- Repeal of Executive Order: Completely nullifies Executive Order 14248, rendering it without legal force or effect. Prohibits any use of federal funds to implement, administer, enforce, or carry out the order.
- Funding Prohibition: Bans the appropriation or use of federal funds by the Department of Government Efficiency (DOGE) to access state voter registration lists, records of voter list maintenance, federal immigration databases, or other public/private state records related to federal elections.
Significant Changes to Existing Law
- Directly overrides Executive Order 14248, an executive action from March 25, 2025 (published in the Federal Register at 90 Fed. Reg. 14005), by legislatively stripping it of authority—something prior law did not address specifically.
- Introduces a targeted funding restriction on DOGE, a relatively new entity, preventing it from engaging in activities that could involve federal oversight of state election data, which builds on but expands protections in laws like the National Voter Registration Act and Help America Vote Act.
Potential Impacts
- Government Agencies: Limits the executive branch's (including the Department of Government Efficiency) ability to influence or access election-related data, redirecting federal resources away from enforcement of the repealed order. The Election Assistance Commission may see reinforced independence in supporting states.
- Citizens: Protects voter registration processes by blocking measures that could require additional proofs (like citizenship documents) or lead to widespread disenfranchisement, particularly affecting mail-in voters and those in states with streamlined systems.
- International Relations: No direct impacts mentioned, though restrictions on accessing immigration databases could indirectly limit federal coordination with international partners on related data-sharing.
- States: Shields state election officials from federal interference, preserving their autonomy in managing voter rolls and maintenance activities.
Main Stakeholders Affected
- Voters and Citizens: Primarily those eligible to vote in federal elections, especially marginalized groups at risk of disenfranchisement (e.g., via stricter registration rules).
- State Governments and Election Officials: Benefit from protected access to their records and reduced federal oversight.
- Federal Executive Branch: Including the Department of Government Efficiency and past/potential administrations issuing election-related orders; faces curtailed authority.
- Congress: Asserts its legislative primacy over elections, with bipartisan historical references but current sponsorship by Democratic senators.
- Bipartisan Agencies: Such as the Election Assistance Commission, which gains implicit support through the bill's emphasis on its role.
Notable Legal, Constitutional, or Political Implications
- Legal: Challenges executive overreach by using congressional repeal power, potentially setting precedent for nullifying future orders on elections without court involvement. The funding ban acts as an enforcement mechanism, enforceable via appropriations laws.
- Constitutional: Reinforces the Elections Clause (Article 1, Section 4), emphasizing separation of powers by limiting presidential influence on state-administered elections—a core federalism principle.
- Political: Introduced by a group of Democratic senators in the 119th Congress (2025), it highlights partisan divides on election integrity, contrasting with the bipartisan legacy of referenced laws like the 1993 and 2002 acts. Could spark debates on voter access versus security, influencing future election reform efforts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Sen. Wyden, Ron [D-OR], Sen. King, Angus S., Jr. [I-ME], Sen. Schiff, Adam B. [D-CA], Sen. Reed, Jack [D-RI], Sen. Booker, Cory A. [D-NJ], Sen. Klobuchar, Amy [D-MN], Sen. Welch, Peter [D-VT], Sen. Slotkin, Elissa [D-MI], Sen. Merkley, Jeff [D-OR], Sen. Whitehouse, Sheldon [D-RI], Sen. Hirono, Mazie K. [D-HI], Sen. Schatz, Brian [D-HI]
Recent Actions
- 2025-04-01: Read twice and referred to the Committee on Rules and Administration.
- 2025-04-01: Introduced in Senate
Bill Versions
- Defending America’s Future Elections Act — issued 2025-04-01 — PDF (3 pages)