Defending America’s Future Elections Act
- Sponsor
- Sen. Padilla, Alex [D-CA]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Apr 1, 2025
Bottom line
The bill aims to nullify a recent executive order that seeks to assert federal executive control over election administration and voter registration, thereby reasserting congressional and state authority over federal elections.
What it actually does
This bill, titled the "Defending America's Future Elections Act," repeals Executive Order 14248, issued by President Trump on March 25, 2025, which it declares unconstitutional and an overreach of executive authority concerning federal elections. It explicitly prohibits the use of any federal funds to implement, administer, enforce, or carry out the Executive Order. Additionally, it bars the Department of Government Efficiency from using federal funds to access state voter registration lists, records, or federal immigration databases related to federal elections.
Proponents argue
Proponents argue that the bill is essential to uphold the constitutional separation of powers, ensuring that the authority over the 'time, place, and manner' of elections remains with Congress and the States, as established by Article 1, Section 4 of the Constitution and reinforced by bipartisan laws like the National Voter Registration Act of 1993 and the Help America Vote Act of 2002. They contend that Executive Order 14248 is an illegal and unconstitutional overreach that could disenfranchise millions of American voters.
Opponents contend
Opponents of this bill, who would be proponents of Executive Order 14248, would argue that the Executive Order is a necessary and legitimate exercise of presidential authority to preserve and protect the integrity of American elections. They might contend that the Executive Order addresses critical concerns about voter fraud or ensures more rigorous voter verification processes, and that this bill undermines vital efforts to secure elections and maintain public trust in electoral outcomes.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core purpose quickly and evaluate its implications.
Section 1
Short Title
This section formally establishes the short title of the Act as the "Defending America's Future Elections Act." This title provides a concise and official name for referring to the legislation in public discourse, legislative records, and legal contexts, making it easier to identify and discuss the bill's purpose.
Supporters argue
Supporters argue that a clear and concise short title helps in public discourse and legislative tracking, making the bill's intent more accessible and facilitating its identification.
Critics contend
No specific opposition is typically raised against short titles, as they are standard legislative practice and do not alter the substantive content of the bill.
Tradeoffs
None apparent for this provision, as it is a procedural element of legislative drafting.
Section 2
Congressional Findings on Election Authority
This section outlines Congress's foundational beliefs regarding the constitutional authority over election administration. It asserts that Article 1, Section 4 of the Constitution grants the power to regulate the 'time, place, and manner' of elections to Congress and the States, explicitly excluding the President. It cites the bipartisan National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA) as examples of appropriate legislative action. Crucially, it declares Executive Order 14248 as exceeding executive authority, illegal, unconstitutional, and potentially disenfranchising to millions of American voters.
Section 3
Repeal of Executive Order 14248
This section directly nullifies Executive Order 14248 (90 Fed. Reg. 14005), titled "Preserving and Protecting the Integrity of American Elections," rendering it without any legal force or effect. Furthermore, it explicitly prohibits the use of any Federal funds to implement, administer, enforce, or carry out the provisions of the now-repealed Executive Order, ensuring that no government resources can be used to advance its directives.
Section 4
Prohibition on Department of Government Efficiency Access to State Voter Data
This section specifically prohibits the appropriation, transfer, or use of any Federal funds by the Department of Government Efficiency for accessing State voter registration lists, records concerning voter list maintenance activities, Federal immigration databases, or any other public or private State records related to Federal elections. This measure is designed to prevent a particular federal agency from gathering sensitive state-level election data, thereby protecting state autonomy and voter privacy.