S. 2588 — 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 (in the Election Assistance Commission) allocates funds to states each fiscal year for democracy promotion activities, including (1) innovations to improve election administration efficiency and security (e.g., upgrades to voting equipment and cybersecurity); (2) recruiting, training, and retaining nonpartisan election officials and poll workers and protecting them from threats; and (3) increasing voting access for underserved communities, individuals with disabilities, racial and language minorities, overseas voters, and Indian lands residents. This section permits states to retain and reserve allocations for use in future fiscal years. This section requires states to submit a plan (developed in consultation with state legislative leaders) at least 90 days before the fiscal year for Director approval (within 45 days before the fiscal year, after Election Assistance Commission assessment); allows revised plan submission and approval before fiscal year-end if initially rejected; and, if a state fails to submit timely, treats political subdivisions as states (with shortened timelines of same-day submission and 30 days for approval, no legislative consultation), allocating to them based on population share of state funds plus a proportional share (up to 100%) of the state's unsubscribed funds.

This section establishes requirements for a state plan under the program, including (1) a description of democracy promotion activities to be carried out; (2) a statement on retaining the payment for future activities; (3) resource distribution addressing geographic and racial disparities; (4) fund allocations specifying amounts for election administration, recruiting and protecting election workers, and increasing voting access for certain communities; (5) allocations to political subdivisions; (6) establishment of a dedicated fund; (7) state-based administrative complaint procedures; and (8) confirmation that activities are permitted under state law or that authorization will be sought. It further requires states to establish the fund in the state treasury—consisting of state appropriations, the program payment, other appropriations, and interest earned—exclusively for these activities, with disbursement deferred for states needing legislation to create the fund.

This section prohibits states receiving payments under the Program from using such payments for activities that intimidate, threaten, or coerce voters, poll workers, or election administrators; restrict distribution of food or nonalcoholic beverages to voters waiting at polling places (except based on electoral participation or political preference); remove election administrators except for negligence, neglect of duty, or malfeasance; defend lawsuits alleging voter suppression; investigate voter fraud claims based solely on voter confidence or fraud prevention; perform audits failing Election Assistance Commission best practices, Civil Rights Act record retention requirements (52 U.S.C. §20701 et seq.), or risking election materials; remove voters from rolls using unreliable evidence; prevent restoration of voting or registration rights; or purchase voting machines lacking individual voter-verifiable paper ballots marked by nontabulating devices—or for any other activity diminishing eligible voters' electoral participation. The section requires states to establish uniform, nondiscriminatory administrative complaint procedures for alleged violations, transmit complaint descriptions and resolutions to the Director, and make Director review materials publicly available online (subject to exemptions under FOIA, 5 U.S.C. §552, or other law). Any person dissatisfied with a state decision may request Director review within 60 days (with hearing opportunity), and any person aggrieved by the Director's decision may petition the U.S. District Court for the District of Columbia within 60 days under the Administrative Procedure Act standard (5 U.S.C. §706), with court-ordered compliance due within 30 days. This section authorizes the Attorney General to bring civil actions in U.S. district court for declaratory or injunctive relief (including temporary restraining orders) to enforce the prohibitions.

This section establishes the formula for a state's annual allocation under the Program as the product of (1) a uniform congressional district allocation amount—equal to the aggregate amount available for states 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. Not later than 120 days before the start of each fiscal year, the Director must determine the aggregate amount available, taking into account anticipated balances in the Trust Fund (including amounts appropriated under section 106(i)); notify each state of its allocation after consulting with the Election Assistance Commission; and derive all payments solely from the Trust Fund.

This section establishes procedures for disbursing funds under approved state plans by directing the Director, upon approval, to instruct the Secretary of the Treasury to allocate funds to the Election Assistance Commission (EAC). The EAC must then pay (1) local election administrators directly for activities they carry out and (2) the state for remaining amounts, with payments to the state available without fiscal year limitation.

This section establishes the Office of Democracy Advancement and Innovation as an independent establishment in the executive branch, to be headed by a Director appointed by the President with Senate confirmation for a 6-year term (reappointable once), paid at Executive Schedule level II, and removable by the President with written reasons provided to Congress at least 30 days in advance. The Director may appoint a General Counsel paid at Executive Schedule level III (who serves as acting Director during vacancies), senior staff such as a Deputy Director paid at level IV, and other staff paid up to GS-15 step 10. The Office must (1) administer the Program in consultation with the Election Assistance Commission (EAC), including quarterly meetings; (2) oversee the related Trust Fund in consultation with the EAC and Treasury Secretary, including reserving funds for Office expenses and Trust Fund solvency; and (3) submit 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 two most recent fiscal years, beginning 180 days after the 2026 federal general election. This section (1) amends the Inspector General Act of 1978 to designate the Office for coverage under specified audit and investigation authorities, effective 180 days after the Director's appointment; (2) amends the Hatch Act to include the Office among entities exempt from certain political activity restrictions; (3) requires the Director to issue regulations within 270 days of enactment (or 90 days for state plan and fund distribution rules), with EAC comments; and (4) authorizes the Office of Management and Budget Director to perform Office functions and provide administrative services during the transition period until the Director assumes duties.

This section establishes in the Treasury the State Election Assistance and Innovation Trust Fund, appropriates $2.5 billion to the fund for each of FY2026 through FY2035, directs amounts in the fund to be used for payments and allocations under the program and to carry out activities of the Office, and authorizes the Office to accept gifts or bequests for deposit into the fund.

This section establishes definitions for terms used in the Act. Those terms include (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 of Democracy Advancement and Innovation; (3) Indian lands, meaning (A) Indian country as defined in 18 U.S.C. §1151 (i.e., all land within any Indian reservation, all dependent Indian communities, and all Indian allotments with unextinguished title), (B) specified Alaska Native lands under the Alaska Native Claims Settlement Act (43 U.S.C. §1601 et seq.), (C) land on which a Tribal government's seat is located, and (D) certain 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 this Act by including the last day of the period unless it is a Saturday, Sunday, or legal public holiday (defined in 5 U.S.C. § 6103(a)), in which case the deadline extends to the end of the next day that is not a Saturday, Sunday, or legal public holiday.

This section provides a severability clause, stating that if any provision of the Act or its amendments, 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.