Model Language to Prevent Federal Overreach in State Elections

Section 1. Short Title. This Act shall be known and may be cited as the “Prohibiting Unauthorized Designations of Voter Registration Agencies Act of 2023.”

Section 2. Purpose. This act prohibits federal agencies from enforcing rules or promulgations that would require state agencies to participate in voter registration efforts absent federal law, and require state employees to notify state officials when contacted by the federal government. This act will prevent any state agency that operates offices and services within the state from conducting and engaging in activities as directed by the federal government that would declare them as voter registration agencies. This prohibition against engaging in unlawful directives will prevent orders and recommendations directed to impact state run agencies from the President of the United States and the entire Executive Branch. The determination of how to best conduct democratic elections held within the republic are constitutionally delegated to the states and legislatures thereof. The National Voter Registration Act (“NVRA”) establishes the baseline for voter registration services, which instructs the states to have sole oversight of voter registration strategies and program design. 

Section 3. Definitions. For purposes of this statute, the following definitions will apply to the following terms:

  1. Voter registration agencies” has the meaning stated in Section 20506 of the National Voter Registration Act of 1993 (52 U.S. Code § 20506).
  2. Federal agency” means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government.
  3. Federal directive” means any federal directive or guidance from any federal department, agency, or subdivision.
  4. Election official” means any clerk and their employees who perform duties in the election process; any member of the parish board of election supervisors; any registrars of voters and their employees; any commissioners; and any other individual that works on behalf of {insert State} to conduct state and federal elections.
  5. State Employee” means a person performing services for or holding an office, position, employment, or membership in a state agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, including members of the general court and executive council.

Section 4. Notification by Election Officials.

  1. Any election official who receives a federal directive pertaining to voter registration efforts [reference definition provided by state statute] conducted by a state agency, must notify the governor,{insert State} Secretary of State, the Speaker of {insert State} House of Representatives, and the President of {insert State} Senate. The election official must notify the above-mentioned parties within five business days of receiving the federal directive.
  1. Any state employee who receives any federal directive pertaining to voter registration efforts conducted by a state agency must notify the governor, {insert State} Secretary of State, the Speaker of {insert State} House of Representatives, and the President of {insert State} Senate. The election official must notify the above-mentioned parties within five business days of receiving the federal directive. Violation of this notification requirement is a misdemeanor offense.

Section 5. Prohibition against unauthorized designation of voter registration agencies. 

No state department, agency, or office may be designated, considered, or held out as, a voter registration agency, except for agencies required under 52 U.S. Code § 20506(a)(2). 

Section 6. Revocation of additional designation of voter registration agencies. Any existing designations authorized under 52 U.S. Code § 20506(a)(3)(A) are revoked upon enactment of this Act.

Section 7. Authorization for designation of voter registration agencies. Any additional authorizations of voting registration agencies under 52 U.S. Code § 20506(a)(3)(A) may only be granted by this state’s legislature through law.

Section 8. Penalties. Any state employee convicted of violating Section 4 of this Act is subject 30 days in jail and a fine of $1,000.

Section 9. Severability. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to that end the provisions of this act shall be severable.

Section 10. Effective Date. The requirements of this act shall be effective no later than June 1, 2023.

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