For the People Act
Long title | An Act to expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. |
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Announced in | the 118th United States Congress |
Number of co-sponsors | 214 |
Legislative history | |
|
The Freedom to Vote Act (formerly known as the For the People Act),
The act was originally introduced by John Sarbanes in 2019, on behalf of the newly elected Democratic majority in the United States House of Representatives as the first official legislation of the 116th United States Congress.[6][8] The House passed the bill on March 8, by a party-line vote of 234–193.[9][10] The bill was viewed as a "signature piece of legislation" from the Democratic House majority.[11] After the House passed the bill, it was blocked from receiving a vote by the then Republican-controlled Senate, under Senate Majority Leader Mitch McConnell.[12][13]
In 2021, in the
Key provisions
Voting rights
The bill would require states to offer
The bill would also authorize 16- and 17-year-olds to pre-register to vote in advance of their becoming 18.
The bill contains various provisions to promote voting access for people with disabilities and provisions to strengthen the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by providing additional protections for military and overseas voters.[19] To ensure UOCAVA compliance, the bill would "require all states ... to send uniformed service and overseas voters' ballots at least 45 days before a federal election (provided a request was received at least 45 days before the election); require states to use and pay for express delivery and return of ballots if they fail to send ballots to uniformed and overseas voters by that deadline; [and] extend the guarantee of state residency for voting purposes to all spouses and dependents of absent servicemembers (current law extends the guarantee of residency only to servicemembers themselves)."[19] The bill would create a cause of action allowing the attorney general or a private party to sue if a state violates these provisions, and would require states to send reports to Congress documenting "the availability of absentee balloting for servicemembers and overseas voters, how many ballots were transmitted, and how many were returned."[19]
The bill would also create a Congressional task force on voting rights in American territories.[19]
Election security
The bill contains election security provisions, including a
The bill would also direct the National Science Foundation "to make grants to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms."[19]
Campaign finance reform
The bill would introduce voluntary public financing for campaigns, matching small donations at a 6:1 ratio.
The bill also raises the limit the national committee of a political party can spend on a political candidate to $100,000,000.[26]
Ethics
The bill would require the
The legislation would also set new disclosure rules and limitations on presidential inaugural committees.[21] Inaugural committees would be barred from taking money from corporations; a contribution limit to inaugural committees of $50,000 per person would be imposed (under current law, there is no limit); contributions of more than $1,000 would have to be disclosed within one day; and the use of funds donated to inaugural committees would be restricted only to use for inaugural events and for charitable contributions.[19]
Findings in support of D.C. statehood
H.R. 1 makes findings in support of
Gerrymandering
The bill would attempt to thwart
Number of Federal Election Commissioners
Under current law, the Federal Election Commission (FEC) has six members, no more than three of whom can be members of the same political party, with at least four votes required for any official FEC action. The complaint is that this has resulted in an impotent and gridlocked FEC, with important reforms left unaddressed, such as the updating of campaign finance law for the digital age[32] and effective regulation of political donations.[33] Some advocates for reform have blamed the Republican FEC members for unwillingness either to investigate any potential violations or to impose tougher restrictions,[34] and for loosening restrictions simply by signaling what standards they are willing to enforce.[35]
The proposed bill would give the FEC five commissioners instead of six, reducing the likelihood of tie votes, and require that no more than two can be members of the same political party. It would set up a "Blue Ribbon Advisory Panel" consisting of an odd number of individuals selected by the president from retired federal judges, former law enforcement officials, or people with experience in election law, except anyone who holds any public office at the time of selection, but the president would not be required to choose from among those recommended by the panel. Some observers claim that there would be no built-in benefit for either party.[36]
Reactions and statements
Support
The bill is supported by President
Common arguments in support of the bill are that it would limit
At a March 2019 news conference before the House of Representatives passed the bill, Speaker of the House Nancy Pelosi said the bill would "restore the people's faith that government works for the public interest, the people's interests, not the special interests".[65] In a June 2021 open letter, more than 100 university professors and scholars urged suspension of the filibuster to pass the Act, writing, "our entire democracy is now at risk" due to Republican efforts at "radical changes to core electoral procedures in response to unproven and intentionally destructive allegations of a stolen election" (the big lie).[66][67]
Opposition
The legislation is opposed by
In 2019, then-Senate Majority leader Mitch McConnell issued a statement criticizing the bill as a "one-sided power grab" by the Democratic Party and said it would not pass the Republican-controlled Senate.[85] He further criticized it for giving the federal government more power over elections, saying it would "[give] Washington, D.C. politicians even more control over who gets to come here [Congress] in the first place."[85] On March 6, 2019, McConnell told reporters that he would not allow the bill a vote on the Senate floor.[12] The White House issued a statement arguing that the bill would "micromanage" elections that are run largely by states and would establish a "costly and unnecessary program to finance political campaigns".[86] U.S. Representative Dan Crenshaw claimed in 2019 that the bill would "legalize" the type of fraud seen in North Carolina in 2018.[87] In March 2021, after the bill passed the House, the conservative organization American Action Network launched an ad campaign against it.[38] On March 10, 2021, Senator Mike Lee said that H.R. 1 was "as if written in Hell by the Devil himself".[88] On April 6, 2021, South Carolina Governor Henry McMaster invoked states' rights as reason to oppose H.R. 1, saying "H.R. 1 is a threat to the constitutional sovereignty of South Carolina".[89]
During a May 2021
In a June 2021 editorial for the Charleston Gazette-Mail, Democratic Senator Joe Manchin, a crucial vote for the bill to see passage in the 117th Congress, wrote "I believe that partisan voting legislation will destroy the already weakening binds of our democracy, and for that reason, I will vote against the For the People Act."[91]
Other
The American Civil Liberties Union opposed the 2019 version of the bill,[92] praising the "many provisions of H.R. 1 that we strongly support and have long championed" but arguing that other provisions would "unconstitutionally infringe the freedoms of speech and association" of citizens and public interest groups.[93] The ACLU specifically opposed the DISCLOSE Act provisions (which, among other things, would require organizations that engage in campaign-related disbursements to disclose the names and addresses of donors who give $10,000 or more) and the expanded Stand By Every Ad Act provisions (which would broaden existing disclosure requirements).[93]
In 2021, the ACLU stopped short of opposing the bill.[92] The group said, "Following the Trump administration's relentless attacks on our democratic system of government, a serious legislative effort to restore and strengthen our republic is needed now more than ever, and we strongly support many of the voting rights provisions in H.R. 1" but that proposed requirements for some organizations to disclose certain donors were "onerous and dangerous".[92] Some former ACLU officials signed a joint letter from constitutional scholars that advocated for passage of the bill as "most significant pro-democracy legislation since the Voting Rights Act of 1965" and wrote, "We do not view First Amendment concerns over the precise scope of disclosure requirements affecting large donors to tax-exempt organizations operating on the margins of electoral politics as outweighing the need for expeditious enactment of the clearly desirable aspects of H.R. 1 into law."[92]
Constitutionality
Several conservative commentators and lawyers, as well as 20 Republican
In September 2020, the
Public opinion
According to a January 2021 poll conducted by progressive think tank Data for Progress, American voters broadly support the legislation, with nearly 67% supporting the bill, even after participants were provided opposition messaging. According to the poll, 77% of Democratic voters, 68% of independent voters, and 56% of Republican voters support the act.[99]
A recording of a private conference call obtained by
Unsuccessful efforts to pass
Passage in House in 2019 and 2020 and blockage in Senate
In January 2019, the bill passed the Democratic-majority House of Representatives on a party-line vote, but was killed in the Republican-controlled Senate. In the next Congress, in January 2021, a nearly identical bill again passed the House.[38] Senate Republicans uniformly opposed the bill; they could block it through a filibuster, a procedural hurdle requiring a supermajority of 60 votes to advance legislation. In order to take action on the voting-rights bill and other legislative priorities, Senate Democrats considered filibuster reform, changing Senate rules in order to make the filibuster more difficult to use.[101][102]
Continued blockage in the Senate
Much attention has been paid to Senator Joe Manchin's position on H.R. 1 and, relatedly, the filibuster.[103][104] As the most conservative Senate Democrat,[105] Manchin would need to support filibuster reform in order for H.R. 1 to pass over unified Republican opposition. He vehemently opposes abolishing the filibuster,[106] citing a desire for bipartisanship, but implied he was open to the idea of restoring the filibuster to its "popular imagination" where, in order to sustain a filibuster, senators must actually keep speaking on the Senate floor to extend debate and keep the bill open. Speaking to Axios's Mike Allen, Manchin said that "there should be pain to a filibuster" for those carrying it out,[107] but later clarified that he does not support changing the 60-vote threshold to pass legislation or specific carve-outs for certain legislation like voting rights bills, as some progressive groups advocate.[17][18] Manchin later clarified his comments on making the filibuster more painful to use, writing in an op-ed that he would not vote to weaken it at all.[108]
Unsuccessful narrower proposal: Freedom to Vote Act
In early June 2021, Manchin came out against the For the People Act,[109] but later that month proposed a list of changes that, if adopted, would allow him to support the legislation.[110] The compromise proposal, the Freedom to Vote Act (S. 2747), was formally introduced by Manchin, Amy Klobuchar, and other Democratic senators on September 14, 2021.[111][112] It kept many parts of the original bill (including automatic voter registration for eligible citizens, making Election Day a holiday, creating a minimum 15-day early voting period for federal elections, and a prohibition on partisan gerrymandering), but added some voter ID requirements[113] and dropped other provisions in the original bill, such as a requirement for states to offer no-excuse mail-in voting and same-day voter registration.[114][111] A Brennan Center for Justice research report said that the narrowed bill "contains the vast majority of the most critical provisions that were in the For the People Act, although it does also reflect some important concessions that were needed to achieve unity among Senate Democrats."[111]
Manchin's proposed compromise was largely backed by Democrats and allies,[113] including prominent figures such as voting rights advocate Stacey Abrams,[115] Senator Bernie Sanders,[116] and former President Barack Obama,[117] but Senate Republicans rejected it.[113][118][119][120] On June 22, 2021, Republicans blocked debate on the bill:[121] a motion to proceed failed on a 50–50 party-line vote, ten votes short of the 60-vote supermajority required to move forward.[121]
Democrats attempted to pass the Freedom to Vote Act again on January 19, 2022, as part of a combined bill (H.R. 5746) with the John Lewis Voting Rights Act, but again failed to invoke cloture after a 50-50 party-line vote. They then attempted to change Senate rules to exempt both bills from the filibuster, but Senators Manchin and Kyrsten Sinema joined Senate Republicans in voting against the change.[122]
Legislative history
Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
---|---|---|---|---|---|---|
116th Congress | For The People Act of 2019 | H.R. 1 | January 3, 2019 | John Sarbanes (D-MD) |
236 | Passed in the House (234–193)[123] |
S. 949 | March 28, 2019 | Tom Udall (D-NM) |
46 | Died in Committee | ||
117th Congress | For The People Act of 2021 | H.R. 1 | January 4, 2021 | John Sarbanes (D-MD) |
222 | Passed in the House (220–210)[124] |
S.1 | March 17, 2021 | Jeff Merkley (D-OR) |
48 | Failed to report favorably from Rules Committee. | ||
S.2093 | June 16, 2021 | 2 | Cloture was not invoked (50–50)[125] | |||
Freedom to Vote Act | S.2747 | September 9, 2021 | Amy Klobuchar (D-MN) |
49 | Cloture was not invoked (49–51)[126] | |
118th Congress | Freedom to Vote Act | H.R. 11 | July 18, 2023 | John Sarbanes (D-MD) |
214 | Referred to committees of jurisdiction. |
S. 1 | July 25, 2023 | Amy Klobuchar (D-MN) |
51 | Referred to committees of jurisdiction. |
See also
- Government by the People Act, a 2014 bill with some of the same goals and co-sponsors
- Fair Representation Act
- John Lewis Voting Rights Act
- Republican efforts to make voting laws more restrictive following the 2020 presidential election
Notes
References
- ^ "H.R. 1 – The For The People Act of 2019". www.brennancenter.org. Retrieved January 22, 2019.
- ^ https://www.congress.gov/bill/118th-congress/house-bill/11?q=%7B%22search%22%3A%22Freedom+to+vote+act%22%7D&s=7&r=1.
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(help) - ^ "Sarbanes Statement on Senate Democrats' Unanimous Vote to Proceed on the For the People Act". June 22, 2021.
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- ^ H.R. 1, division 1, title V, subtitle C, part 2, section 5214, "Increase in limit on coordinated party expenditures" (engrossed in House, March 3, 2021): "The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000."
- ^ a b Norton Celebrates House Passage of H.R. 1, Democrats' Sweeping Democracy Reform Bill, Includes Findings Supporting D.C. Statehood (press release), Office of Delegate Eleanor Holmes Norton (March 3, 2021).
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- Brennan Center. www.brennancenter.org. February 4, 2016. Retrieved February 6, 2019.
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- ^ Stephanopoulos, Nicholas (January 18, 2019). "McConnell's Criticisms of H.R. 1". electionlawblog.org. Retrieved February 6, 2019.
- ^ Statement by President Joe Biden on the House of Representatives Passage of H.R. 1, White House Briefing Room (March 4, 2021).
- ^ a b c Karl Evers-Hillstrom, House Democrats pass campaign finance overhaul, Senate GOP to block bill, OpenSecrets (March 4, 2021).
- ^ Hasen, Richard L. (January 14, 2021). "The House Democrats' Colossal Election Reform Bill Could Save American Democracy". Slate.
- ^ Holmes, Jack (January 25, 2021). "If We Don't Pass H.R. 1, 'We Are F*cked as a Nation'". Esquire.
- ^ a b Grim, Ryan (February 1, 2021). "Could the "For the People Act" Save American Democracy?". The Intercept.
- ^ Sargent, Greg (January 19, 2021). "An early move from Democrats seeks to undo an ugly part of Trump's legacy". The Washington Post.
- ^ Keller, Matt (January 22, 2021). "Trump actions illustrate why Congress must pass the For the People Act". The Hill.
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- ^ "Support H.R. 1, the For the People Act". The Leadership Conference on Civil and Human Rights. Retrieved January 25, 2021.
- ^ "League Affirms Support for the For the People Act in 117th Congress". League of Women Voters. November 23, 2020. Retrieved January 25, 2021.
- ^ Weiser, Wendy R.; Weiner, Daniel I.; Erney, Dominique (January 29, 2021). "Congress Must Pass the 'For the People Act'". Brennan Center for Justice.
- ^ "Democratic insiders set up a 'war room' to quickly kill the filibuster". NBC News. September 11, 2020. Retrieved March 18, 2021.
- ^ "Re: Support Prioritizing the For the People Act (H.R. 1)". League of Conservation Voters. Retrieved January 25, 2021.
- ^ Editorial Board (March 8, 2019). "Only One Roadblock on the Road to Reform: Mitch McConnell". The New York Times.
- ^ Editorial Board (January 3, 2019). "The Democratic House wants to reform democracy. It's not a panacea – but it's a start". The Washington Post.
- ^ "How to renew America's democracy: A dose of voting reform, and scrapping the filibuster, would help". The Economist. March 13, 2021.
- ^ Li, Michael (June 19, 2019). "Five Ways H.R. 1 Would Transform Redistricting". Brennan Center for Justice.
- ^ Brownstein, Ronald (February 11, 2021). "The GOP Cheat Code to Winning Back the House". The Atlantic.
- ^ Nilsen, Ella (March 3, 2021). "House Democrats' massive voting rights bill, explained". Vox.
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- ^ Potter, Trevor; Ravel, Ann (February 23, 2021). "Letter by Former Commissioners of the FEC" (PDF). Campaign Legal Center.
- ^ Iannelli, Jerry (March 2, 2021). "The Fight for People in Prison to Vote Reaches Congress". The Appeal.
- ^ "Coalition Supports the Democracy Restoration Act Provision of H.R. 1". Human Rights Watch. January 29, 2019.
- ^ Gambino, Lauren (March 8, 2019). "Democrats target big money in politics with ethics reform package". The Guardian.
- ^ Brownstein, Ronald (March 3, 2021). "Democrats' Only Chance to Stop the GOP Assault on Voting Rights". The Atlantic.
- ^ Berman, Ari (March 2021). "The Insurrection Was Put Down. The GOP Plan for Minority Rule Marches On". Mother Jones.
- ^ Montellaro, Zach (March 8, 2019). "House passes sweeping election reform bill". Politico.
- ^ Castronuovo, Celine (June 1, 2021). "Scholars warn democracy is threatened, call for voting rights protections". The Hill.
- ^ "Statement of Concern – The Threats to American Democracy and the Need for National Voting and Election Administration Standards". New America Foundation. Retrieved June 1, 2021.
- ^ McConnell, Mitch (January 17, 2019). "Mitch McConnell: Behold the Democrat Politician Protection Act". The Washington Post.
- ^ The Hill.
- ^ McCarthy, Kevin. "The Truth Behind Democrats' Election Bill, H.R. 1". www.youtube.com. Retrieved February 1, 2021.
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- ^ Editorial Board (March 1, 2021). "Making Every Election Like 2020". The Wall Street Journal.
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Republicans argue that election rules should be left in the hands of the states on questions such as early voting, voter eligibility and election integrity.
- ^ Lowry, Rich (March 9, 2021). "H.R. 1 Is a Partisan Disgrace". National Review.
- ^ Strassel, Kimberly A. (March 4, 2021). "Democrats Sell Out Their States". The Wall Street Journal.
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- ^ Editorial Board (March 7, 2019). "House Democrats Say Shush". The Wall Street Journal.
- ^ French, David (February 6, 2019). "Democrats' Astoundingly Unconstitutional Campaign-Finance Bill". National Review.
- ^ Schultz, Marisa (March 3, 2021). "House Democrats' H.R. 1 would create new public financing of congressional campaigns". Fox News.
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- ^ a b McConnell, Mitch (January 29, 2019). "'The Democrat Politician Protection Act'". www.republicanleader.senate.gov. Retrieved March 8, 2019.
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- ^ Specht, Paul (March 13, 2019). "Crenshaw wrong about H.R. 1 'legalizing' NC-like election fraud". PolitiFact.
- ^ Folley, Aris (March 10, 2021). "Mike Lee says 'For the People' voting bill is 'as if written in hell by the devil himself'". The Hill.
- ^ McMaster, Henry [@henrymcmaster] (April 6, 2021). "H.R. 1 is a threat to the constitutional sovereignty of South Carolina and as long as I am your Governor I will stand up against those who seek to infringe or deny South Carolinians their constitutionally protected freedoms and liberty" (Tweet). Archived from the original on April 6, 2021 – via Twitter.
- ^ Dale, Daniel (May 13, 2021). "Fact check: Ted Cruz falsely claims Democrats' voting bill is intended to register millions of undocumented immigrants". CNN.
- ^ Manchin, Joe (June 6, 2021). "Joe Manchin: Why I'm voting against the For the People Act". Charleston Gazette-Mail. Retrieved June 6, 2021.
- ^ a b c d Amy Sherman, Yes, the ACLU has criticized H.R. 1. Here's why. PolitiFact (March 1, 2021).
- ^ a b "ACLU Letter to House Rules Committee on H.R. 1". American Civil Liberties Union. March 1, 2019.
- ^ Houston Keene, 20 state AGs denounce Democrats' H.R. 1 as unconstitutional, Fox News (March 3, 2021).
- ^ C. Boyden Gray, H.R. 1 Is a Constitutional Disaster in the Making, Newsweek (March 24, 2021).
- ISSN 0099-9660. Retrieved March 10, 2021.
- ^ Tolson, Franita (November 18, 2019). "The Elections Clause and the Underenforcement of Federal Law". Yale Law Journal Forum. 129.
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- ^ Hope Yen, With virus aid in sight, Democrats debate filibuster changes, March Press (February 8, 2021).
- ^ Manchin Expresses Openness to Making Filibuster Harder to Use, New York Times (March 7, 2021).
- ^ Annie Linskey & Mike DeBonis, Joe Manchin, at the apex of his power, finds few allies in his quest for bipartisanship, Washington Post (June 20, 2021).
- ^ Mike DeBonis, Senate poised to block debate on elections bill, dealing blow to Democrats' voting rights push, Washington Post (June 22, 2021).
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- ^ Manchin, Joe (June 6, 2021). "Joe Manchin: Why I'm voting against the For the People Act". Charleston Gazette-Mail.
- ^ "Manchin pitches changes to For the People Act elections and voting bill and is reportedly now more open to reform of filibuster rule". MarketWatch. Associated Press. June 16, 2021.
- ^ a b c Wendy R. Weiser, Daniel I. Weiner & Emil Mella Pablo, Breaking Down the Freedom to Vote Act, Brennan Center for Justice (September 23, 2021).
- ^ S.2747 - Freedom to Vote Act, 117th Congress.
- ^ a b c Benjamin Swasey, Manchin Offers A Voting Bill Compromise, But Key Republicans Swiftly Reject It, NPR (June 17, 2021).
- ^ Edward D. Foley, Opinion: Manchin's voting rights compromise is great — except it doesn't take on 'election subversion', Washington Post (June 18, 2021).
- ^ Timm, Jane C.; Kapur, Sahil (June 17, 2021). "Stacey Abrams backs Manchin's voting rights compromise as Senate eyes vote". NBC News.
- ^ Duster, Chandelis (June 20, 2021). "Sanders signals openness to Manchin's voting rights compromise". CNN.
- ^ Amanda Holpuch, Sam Levin and agencies, Obama backs Manchin's voting rights compromise before crucial Senate vote, The Guardian (June 21, 2021)
- ^ Burgess Everett, GOP crushes Manchin's hopes for elections compromise, Politico (June 17, 2021).
- ^ Brian Slodysko & Christina A. Cassidy, Voting bill showdown looms as GOP rejects Manchin plan, Associated Press (June 17, 2021).
- ^ Fabiola Cineas, The Freedom to Vote Act is almost certainly doomed, Vox (October 20, 2021).
- ^ a b Mike DeBonis, Senate Republicans block debate on elections bill, dealing blow to Democrats' voting rights push, Washington Post (June 22, 2021).
- ^ Clare Foran, Ali Zaslav and Ted Barrett (January 19, 2022). "Senate Democrats suffer defeat on voting rights after vote to change rules fails". CNN. Retrieved February 3, 2022.
- ^ Garcia, Eric (March 8, 2019). "House passes sweeping electoral reform bill". The Hill. Retrieved February 17, 2021.
- ^ Rahman, Rema (March 3, 2021). "House passes voting rights and elections reform bill". The Hill. Retrieved March 4, 2021.
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- ISSN 0362-4331. Retrieved July 28, 2022.