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S 1240119th CongressIn Committee

Defending America’s Future Elections Act

Introduced: Apr 1, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

Defending America’s Future Elections Act (S. 1240) is a Senate bill introduced by Sen. Padilla with a broad group of co-sponsors. The core aim is to repeal Executive Order 14248, titled “Preserving and Protecting the Integrity of American Elections,” and to block federal funds from implementing that order. The bill also prohibits the use of federal funds by a fictional “Department of Government Efficiency” to access state voter registration lists, list-maintenance records, federal immigration databases, or other public or private state records related to federal elections. The findings emphasize that election time, place, and manner are constitutionally determined by Congress and the States, and argue that the executive order oversteps authority and could disenfranchise voters. The measure frames itself as restoring and preserving the traditional balance of election authority and maintaining the existing NVRA/HAVA framework.

Key Points

  • 1Repeal of Executive Order 14248: The bill states that EO 14248 shall have no force or effect, and that federal funds may not be used to implement or enforce it.
  • 2Constitutional and historical framing: It asserts that Article I, Section 4 gives Congress and the States sole authority over elections, and highlights prior bipartisan reforms (NVRA 1993 and HAVA 2002) as the preferred framework plus the existence of the Election Assistance Commission (EAC).
  • 3Prohibition on federal funding for data access: The bill bars federal funds from being used by the Department of Government Efficiency to access state voter registration lists, list-maintenance records, federal immigration databases, or other state records related to federal elections.
  • 4Support for current election infrastructure: It underscores the role of the NVRA, HAVA, and the EAC as the established mechanisms to assist states with election administration, signaling opposition to expanding federal data access or unilateral executive actions.
  • 5Legislative purpose: The act is designed to restrict federal executive overreach in election administration and maintain state control over election data and registration processes.

Impact Areas

Primary group/area affected: State and local election officials and agencies that maintain voter registration lists and conduct elections, since federal funding and access to state data would be constrained.Secondary group/area affected: Voters (especially those relying on voter registration lists and list maintenance) who could face changes in how data is shared or updated; civil rights and privacy advocates concerned with data access and integrity of elections.Additional impacts: Federal agencies, including any entity akin to a “Department of Government Efficiency,” would have limited ability to obtain or cross-check state election data or immigration databases; potential implications for national standards, election security collaborations, and eligibility verification processes. The bill could affect efforts to standardize or audit election information across states and may invite litigation or political debate about federal versus state authority in election administration.
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