Sec. 101. Democracy Advancement and Innovation Program
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There is established a program to be known as the Democracy Advancement and Innovation Program under which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). The democracy promotion activities described in this subsection are as follows: Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, voter registration and nonpartisan voter outreach activities, securing voting locations, expanding polling places and the availability of early and mail voting, and promoting cybersecurity.
Activities to recruit, train, and retain nonpartisan election officials and poll workers and to protect election officials (both nonpartisan and those elected or appointed to their position) from threats against them in the course of their work administering Federal elections. Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands.
A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year. A State shall receive an allocation under the Program for a fiscal year if— not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 102; and not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan.
If the Director does not approve the State plan as submitted by the State under paragraph
(1)with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year— the chief State election official of the State submits a revised version of the State plan; and the Director, in consultation with the Election Assistance Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. With respect to a State plan submitted under paragraph
(1)or a revised plan submitted under paragraph (2)— the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission; and the Election Assistance Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. The chief State election official of the State shall develop the State plan submitted under paragraph
(1)and any revised plan submitted under paragraph
(2)in consultation with the majority party and minority party leaders of each house of the State legislature. If a State fails to submit a State plan described in section 102 before the date required under paragraph (1)(A), under rules established by the Director— for purposes of this title (other than section 104)— each political subdivision within the State shall be treated as a State for purposes of this title (other than section 104); and in applying this title to such political subdivision, any duties required of the chief State election official shall be undertaken by the executive official of such political subdivision charged with the administration of elections; in applying this subsection to any political subdivision of the State— paragraph (1)(A) shall be applied by substituting the first day of the fiscal year for 90 days before the first day of the fiscal year ; paragraph (1)(B) shall be applied by substituting 30 days after the first day of the fiscal year for 45 days before the first day of the fiscal year ; and paragraph
(4)shall not apply; and the amount of the allocation made to each such political subdivision under the Program shall be the sum of— an amount which bears the same proportion to the amount determined under section 104 with respect to the State in which the political subdivision is located as— the population of the political subdivision; bears to the population of such State; plus an amount (not to exceed 100 percent of the amount determined with respect to the political subdivision under clause (i)) which bears the same proportion to the unsubscribed funds of the State as— the population of the political subdivision; bears to the population of the number of political subdivisions within the State that submitted a plan under section 102 before the date required under paragraph (1)(A) (after application of subparagraph (B)). For purposes of subparagraph (C)(ii), the unsubscribed funds of any State is the sum of the amounts described in subparagraph (C)(i) with respect to political subdivisions in the State which did not submit a plan under this subsection before the date required under paragraph (1)(A) (after application of subparagraph (B)). Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. The Director shall make available on a publicly accessible website the following: State plans submitted under paragraph
(1)of subsection
(d)and revised plans submitted under paragraph
(2)of subsection (d). The Director’s notifications of determinations with respect to such plans under subsection (d). Reports submitted by States under subsection (e). The Director may redact information required to be made available under paragraph
(1)if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law. This section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.