Sec. 154. General requirements for payments made by Election Assistance Commission
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/bill/118/hr/4563/ih/section-154A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure (including software), enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure (including software). Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part:
No payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. In this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor. .
Part 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section: If a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement:
Paid for using Federal taxpayer funds pursuant to the Help America Vote Act . A statement required under subsection
(a)shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: In the case of a text or graphic communication, the statement— appears in letters at least as legible as the majority of the text in the communication; is contained in a printed box set apart from the other contents of the communication; and is printed with a reasonable degree of color contrast between the background and the printed statement. In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. In the case of a video communication, the statement— is included at either the beginning or the end of the communication; and is made in a written format that meets the requirements of subparagraphs
(A)and
(C)of paragraph
(1)and appears for at least 4 seconds. In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). In this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising. The Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. The guidance established under this section shall meet the following requirements: The guidance shall be consistent for all States and units of local government. The guidance shall be available to the public. If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. If the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. In cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act. . The table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following: Part 7—General Requirements for Payments Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. Sec. 297A. Requiring communications funded by payments to include disclaimer. Sec. 297B. Guidance on use of payments. . This section and the amendments made by this section shall apply with respect to payments made on or after the date that is 30 days after the date of the enactment of this Act.
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Sec. 154
General requirements for payments made by Election Assistance Commission
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