Promoting Free and Fair Elections Act of 2025
- Sponsor
- Rep. Tenney, Claudia [R-NY-24]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Jul 29, 2025
Bottom line
The bill seeks to significantly curtail federal government and agency involvement in voter registration and mobilization efforts, reining in activities initiated by Executive Order 14019 and limiting civic engagement opportunities within federal work-study programs.
What it actually does
This bill prohibits federal agencies from using funds to partner with nongovernmental organizations for voter registration or mobilization activities on agency property or websites. It also delays the implementation of activities directed under Executive Order 14019, which aims to promote voter access, until agencies submit specific reports and a waiting period passes. Furthermore, the bill amends the Higher Education Act of 1965 to exclude voter registration and mobilization from eligible activities under the Federal Work-Study Program.
Proponents argue
Proponents argue that this bill ensures federal agencies remain neutral in election processes, preventing the use of taxpayer funds and government resources for activities that could be perceived as partisan voter mobilization. They contend it upholds the integrity of elections by limiting federal overreach into areas traditionally managed by states and local governments, and prevents potential misuse of federal property for political purposes.
Opponents contend
Opponents contend that the bill would restrict legitimate efforts to promote voter access and participation, particularly among underserved communities who interact frequently with federal agencies. They argue it undermines the goals of Executive Order 14019 to make voting more accessible and limits valuable civic engagement opportunities for students through federal work-study programs, potentially leading to decreased voter turnout.
The bill is short and relatively straightforward, making it accessible for an informed reader to evaluate its core provisions within a short timeframe.
Section 2(a)
Clarification on Executive Order 14019 Consistency
This provision states that Executive Order 14019, which aims to promote access to voting, or any similar executive order, will have no legal effect if it is inconsistent with Section 7 of the National Voter Registration Act of 1993 (NVRA). This effectively subordinates the executive order's directives to the existing statutory framework of the NVRA, ensuring that any new federal agency voter access initiatives must align with established law.
Supporters argue
Supporters argue this clarification is necessary to prevent executive orders from overstepping existing federal law and to ensure that federal agencies operate strictly within their statutory mandates regarding voter registration. They contend it maintains a clear legal framework for election administration.
Critics contend
Critics might argue that this provision unnecessarily restricts the executive branch's ability to adapt to modern challenges in voter access and could be interpreted as an attempt to undermine efforts to expand voting opportunities, even if those efforts are consistent with the spirit of existing law.
Tradeoffs
This provision balances executive flexibility in promoting civic engagement against the principle of statutory supremacy and the desire to prevent perceived overreach by the executive branch into election administration.
Section 2(b)(1)
Prohibition on Agency Agreements with NGOs for Voter Activities
This section prohibits federal agencies from using funds for salaries and expenses to solicit or enter into agreements with nongovernmental organizations (NGOs) to conduct voter registration or voter mobilization activities. These activities include registering voters, providing voter registration materials, absentee ballot applications, voting instructions, or candidate-related information on agency property or websites. This aims to prevent federal agencies from facilitating external organizations' involvement in election-related activities.
Section 2(b)(2)(A)
Delay in Implementation of Executive Order 14019 Activities
This provision imposes a delay on federal agencies implementing activities directed under Executive Order 14019 or similar executive orders. Agencies cannot use funds for these activities until 180 days after they submit a required strategic plan report to Congress, or, if they did not develop such a plan, until the date they submit a certification to that effect. An exception is made for activities already mandated by Section 7(c) of the National Voter Registration Act of 1993, which requires voter registration services at public assistance and disability services offices.
Section 2(d)
Prohibition of Voter Registration in Federal Work-Study Programs
This section amends the Higher Education Act of 1965, specifically Section 443(b)(1) which outlines eligible activities for Federal Work-Study Programs. It adds a new subparagraph (D) stating that eligible community service activities for work-study programs 'does not involve registering or mobilizing voters on or off the campus of the institution.' This change explicitly excludes voter registration and mobilization from activities that can be funded through the Federal Work-Study Program.
This clause provides an exception to the delay in implementing Executive Order 14019 activities. It states that the delay does not apply to any activity described in section 7(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(c)).
Section 2(b)(2)(A)(ii)
Why it matters:This is standard legislative practice for referencing existing law and ensuring consistency. It's a technical carve-out to prevent unintended consequences rather than an evasive maneuver.
Case for: The exception ensures that the bill does not inadvertently repeal or delay existing statutory requirements for voter registration services at public assistance agencies and disability services offices, which are already mandated by the NVRA. This maintains continuity for essential voter access points.
Case against: No specific case against this exception is typically raised, as it preserves existing law. However, critics of the overall bill might view it as a minimal concession that doesn't mitigate the broader negative impacts on voter access.
Estimated impact: This exception ensures that millions of individuals who interact with public assistance and disability services offices continue to have access to voter registration services as mandated by the NVRA, preventing a significant disruption to existing voter access mechanisms.