H.R. 4910 — Sustaining Our Democracy Act

This section establishes the Democracy Advancement and Innovation Program, under which the Director of the Office of Democracy Advancement and Innovation allocates funds to each state for each fiscal year to carry out specified democracy promotion activities related to federal elections. Those activities are (1) promoting innovation to improve election administration efficiency and security (e.g., upgrades to voting equipment and voter registration systems, nonpartisan voter outreach, expanded polling and early/mail voting, and cybersecurity); (2) recruiting, training, and retaining nonpartisan election officials and poll workers and protecting election officials from threats; and (3) increasing voting access for underserved communities, individuals with disabilities, racial and language minorities, overseas and uniformed service voters, and Indian lands voters. This section permits states to retain and reserve allocations for use in future fiscal years. This section requires states to submit a state plan (per §102) to the Director for approval, with submission due 90 days before the fiscal year and approval 45 days before; provides for revised plans if initially disapproved; requires Director consultation with the Election Assistance Commission, which must provide a written assessment; mandates chief state election official consultation with state legislative leaders in developing plans; and, if a state fails to timely submit, treats political subdivisions as states (with adjusted timelines and no legislative consultation), allocating to them based on population shares of the state's total allocation plus a pro rata share of the state's unsubscribed funds.

This section establishes requirements for a state plan to receive payments under the democracy promotion program, including (1) a description of proposed activities; (2) a statement on retaining payments for future use; (3) resource distribution methods addressing geographic and racial disparities; (4) fund allocations to specific activities—election administration, recruiting/training/retaining/protecting election workers, and increasing voting access for certain communities—with suballocations to political subdivisions; (5) establishment of a dedicated state fund; (6) state-based administrative complaint procedures; and (7) confirmation of compliance with state law or intent to seek authorization. The section further requires the dedicated fund—composed of program payments, state appropriations, other funds, and interest—to be used exclusively for these activities, with disbursement deferred for states needing legislation to establish it.

This section prohibits a state receiving a payment under the Program from using the payment for activities that intimidate or coerce voters, poll workers, or election administrators; restrict distribution of food or nonalcoholic beverages to voters in line (absent restrictions based on electoral participation or political preference); remove election administrators except for negligence, neglect of duty, or malfeasance; defend against voter-suppression lawsuits; investigate voter fraud claims based solely on voter confidence or fraud prevention; conduct audits failing Election Assistance Commission best practices, Civil Rights Act record retention requirements (52 U.S.C. §20701 et seq.), or risking election records or equipment; remove voters from rolls using unreliable evidence; prevent restoration of voting or registration rights; or purchase voting machines lacking individual voter-verifiable paper ballots via nontabulating devices. (Thus, violations may diminish eligible voters' electoral participation.) This section requires such states to establish uniform, nondiscriminatory administrative complaint procedures for alleged violations, transmit complaint descriptions and resolutions or dismissal rationales to the Director, and make Director review materials publicly available online (subject to redactions under FOIA, 5 U.S.C. §552, or other law). It further authorizes any dissatisfied complainant to request Director review within 60 days (with hearing opportunity), permits judicial review of the Director's decision by petition to the U.S. District Court for the District of Columbia within 60 days under the Administrative Procedure Act arbitrary-and-capricious standard (5 U.S.C. §706), and directs court-ordered compliance within 30 days. This section authorizes the Attorney General to sue a state in U.S. district court for declaratory or injunctive relief, including temporary restraining orders or injunctions, to enforce the prohibitions.

This section establishes the formula for allocating program funds to states for a fiscal year as the product of (1) the congressional district allocation amount—equal to the aggregate amount available for the fiscal year divided by the total number of congressional districts nationwide—and (2) the number of congressional districts in the state for the next regularly scheduled general election for federal office. The Director determines the aggregate amount available not later than 120 days before the fiscal year, taking into account anticipated balances of the Trust Fund (including amounts appropriated under section 106(i)), consults with the Election Assistance Commission, and notifies each state of its allocation; all payments derive solely from the Trust Fund.

This section establishes procedures for disbursing funds for approved state plans under section 102. Upon plan approval, the Director directs the Secretary of the Treasury to allocate funds to the Election Assistance Commission (EAC), which then pays (1) local election administrators for activities they carry out directly and (2) the state for remaining amounts; such payments to a state remain available without fiscal year limitation.

This section establishes the Office of Democracy Advancement and Innovation as an independent establishment in the executive branch, headed by a Director appointed by the President with Senate confirmation for a six-year term (reappointable once) at Executive Schedule level II pay, who may be removed by the President with written notice to Congress 30 days prior. The Director may appoint a general counsel at level III pay (who serves as acting Director during vacancies), senior staff such as a Deputy Director at level IV pay, and other staff up to GS-15 pay; duties include administering the Program in consultation with the Election Assistance Commission (EAC) via quarterly meetings, overseeing the Trust Fund in consultation with the EAC and Treasury Secretary (including reserving funds for Office expenses and Trust Fund solvency), and submitting biennial reports to the House Committee on House Administration and Senate Committee on Rules and Administration on Program activities and Trust Fund transactions for the prior two fiscal years (first due 180 days after the 2026 federal general election). It amends the Inspector General Act to designate the Office for audits and investigations (effective 180 days after Director appointment); amends the Hatch Act to apply its restrictions to the Office; requires the Director to promulgate regulations within 270 days of enactment (90 days for state plan submission, approval, and fund distribution rules, with EAC comments); and authorizes the Office of Management and Budget Director to perform Office functions and provide administrative services during the transition period pending Director appointment and confirmation.

This section establishes in the Treasury the State Election Assistance and Innovation Trust Fund and appropriates $2.5 billion to the fund for each of FY2026 through FY2035. Amounts in the fund are available to make payments and allocations under the Program and to carry out activities of the Office, which may accept gifts or bequests for deposit into the fund.

This section defines terms used in the Act. Those terms are (1) chief State election official, as defined in the Help America Vote Act of 2002 (52 U.S.C. 21003(e)); (2) Director, meaning the Director of the Office; (3) Indian lands, meaning (A) Indian country as defined in 18 U.S.C. 1151, (B) certain Alaska Native lands under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), (C) the seat of a Tribal government, and (D) Tribal designated statistical areas or Alaska Native village statistical areas as defined by the Census Bureau; (4) Office, meaning the Office of Democracy Advancement and Innovation established under section 105; (5) Program, meaning the Democracy Advancement and Innovation Program established under section 101; (6) State, meaning each state, the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands; and (7) Trust Fund, meaning the State Election Assistance and Innovation Trust Fund established under section 201.

This section establishes a rule of construction for calculating deadlines under the Act by including the last day of the period unless it is a Saturday, Sunday, or legal public holiday (defined as a day described in 5 U.S.C. § 6103(a)), in which case the deadline extends to the end of the next business day.

This section provides a severability clause, stating that if any provision of the Act or amendment made by the Act, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, remain unaffected.