S 2588119th CongressIn Committee

Sustaining Our Democracy Act

Introduced: Jul 31, 2025

Sponsor: Sen. Padilla, Alex [D-CA] (D-California)

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Sustaining Our Democracy Act would create a new Democracy Advancement and Innovation Program funded by a dedicated State Election Assistance and Innovation Trust Fund. An independent Office of Democracy Advancement and Innovation would administer the program and oversee a large annual funding stream (initially $2.5 billion per year from 2026 through 2035) that flows to states and, in turn, to local election administrators. The funds would be used for democracy promotion activities focused on improving election administration (like modernizing voting equipment, voter registration systems, and cybersecurity), recruiting and protecting nonpartisan election officials and poll workers, and expanding voting access for underserved communities. States must submit detailed plans showing how funds will be used; plans are reviewed in conjunction with the Election Assistance Commission. The bill also sets prohibitions on certain activities that could suppress participation and creates state complaint procedures with federal review and potential enforcement. In short, the bill would significantly increase federal funding and federal oversight of state election administration, with the aim of modernizing systems, safeguarding election workers, and expanding access while constraining actions that could suppress or undermine voting.

Key Points

1Establishment of the Democracy Advancement and Innovation Program and an independent Office to administer it. A Director (appointed by the President with Senate confirmation) would lead the Office for a 6-year term, with a staff and general counsel, and quarterly meetings with the Election Assistance Commission.
2Large, dedicated funding through the State Election Assistance and Innovation Trust Fund. The fund would receive $2.5 billion annually from 2026 through 2035 to pay for program activities and to operate the Office.
3State allocations tied to congressional districts. Each state's annual allocation equals the congressional-district–level amount times the number of its congressional districts. The per-district amount is derived by dividing the total annual program funds by the total number of congressional districts nationwide, then allocating to states accordingly.
4State plan submission and approval. States must submit a plan 90 days before the fiscal year and obtain approval 45 days before the year begins (with an election-commission review). Revised plans can be submitted if the initial plan is not approved. States must consult with their legislature during plan development.
5Use and accounting of funds. Funds must be used to carry out democracy promotion activities (election administration improvements, recruitment/training/protection of election workers, and expanding voting access for underserved groups). States may create a dedicated fund in their treasury to manage these activities; funds must be used exclusively for these purposes.
6Prohibitions to protect voting rights. States receiving funds may not use the program for voter intimidation, restricting food/beverage distribution at polls (with basic allowances), removing officials for political reasons, defending voter-suppression lawsuits, or certain audits or actions that jeopardize election records or equipment. Prohibitions also cover improper removal of voters from rolls, blocking restoration of voting rights, or purchasing machines lacking voter-verifiable paper ballots from a compliant device.
7State complaint procedures and federal review. States must establish uniform, nondiscriminatory administrative complaint processes, report complaints to the Director, and allow the Director to review or reverse state decisions and provide remedies. Aggrieved parties can seek federal court review if dissatisfied with the Director’s action.
8Oversight, transparency, and reporting. The Director must oversee the trust fund, monitor balances, and report to Congress after each federal election on activities and fund transactions. Public information (plans, determinations, and state reports) would be posted on a government website, with redactions allowed where legally required.
9Transition, regulatory, and statutory framework. The Act creates an interim authority during the transition if a Director has not yet been appointed. It also integrates with existing election standards bodies (notably the Election Assistance Commission) and provides general provisions (definitions, severability, rulemaking timelines, and public holidays for deadline calculations).

Impact Areas

Primary group/area affected- State and local election officials and administrators: new funding, reporting requirements, plan development, and oversight.- Voters, particularly in underserved communities: potential increases in voting access, improved election administration, and expanded early/absentee voting options; protections against suppressive practices.Secondary group/area affected- Election-related organizations and vendors: potential demand for upgrades to equipment and software, cybersecurity enhancements, and more standardized processes across states.- Legislative and oversight bodies (Congress, Senate committees): new reporting requirements and ongoing oversight of the Trust Fund and Office activities.- The Election Assistance Commission: co-oversight role in plan assessment and regulatory collaboration.Additional impacts- Federal involvement in state election administration: larger federal role with funding, planning, and compliance measures.- Legal and enforcement mechanisms: state complaint procedures with federal review and potential DOJ action to enforce prohibitions.- Financial mechanics: creation of a dedicated Trust Fund in the Treasury, with ongoing annual appropriations for a defined 10-year window (2026–2035), and potential need for state-level legal changes to establish internal funds.- Transitional arrangements: interim authority to the OMB director if a permanent Director isn’t appointed promptly, with a defined transition period and a cap on interim authority.“Democracy Advancement and Innovation Program” = the federal program to fund state-level democracy and election improvements.“Director” = head of the new Office, appointed with Senate confirmation; oversees the program and fund.“Trust Fund” = the dedicated State Election Assistance and Innovation Trust Fund in the Treasury used to finance the program and Office operations.“State plan” = a mandatory plan describing how funds will be used, distributed, and managed at the state level, including specific allocations for different activities and for state vs. sub-state distribution.“Election Assistance Commission” = primary federal body consulted in plan approval and regulatory matters, assisting with standards and assessments.

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