Summary of the Bill - Restoring Integrity to America's Elections Act

The Restoring Integrity to America's Elections Act is a bill introduced in the Senate to make changes to the Federal Election Campaign Act of 1971. The bill aims to reduce the number of members of the Federal Election Commission (FEC) from 6 to 5, revise the method of selection and terms of service of FEC members, distribute the powers of the Commission between the Chair and the remaining members, and make other amendments.

Membership of Federal Election Commission

The bill reduces the number of members in the Federal Election Commission from 6 to 5. Members will be appointed by the President with the advice and consent of the Senate, and no more than 2 members can be affiliated with the same political party. A member shall be considered affiliated with a political party if they have any connection with the party or its candidates or elected officials within the last 5 years before their nomination. A majority of the members will constitute a quorum.

Terms of Service

Each member will serve a single term of 6 years. For the members first appointed to serve terms beginning in January 2025, the President will designate 2 members to serve for a 3-year term. Members will not be allowed to serve for an additional term, except for those who served a 3-year term initially. Vacancies in the membership will be filled in the same manner as the original appointment.

Distribution of Powers

The bill assigns certain administrative powers to the Chair of the Commission, who will be appointed by the President. The Chair will be the chief administrative officer of the Commission and will have the authority to administer the Commission and its staff. The Chair will have the power to appoint and remove the staff director and the general counsel of the Commission. The Chair will also have the power to issue subpoenas, administer oaths, and pay witnesses.

The Commission as a whole will have the power to initiate civil actions, render advisory opinions, develop forms and rules, conduct investigations, and report its activities to the President and Congress.

Enforcement Process

The bill revises the standards for initiating investigations and determining whether violations of the Act have occurred. The general counsel of the Commission will make a determination on whether there is reason to believe a violation has occurred, and this determination will take effect unless overruled by a majority of the Commission members. If an investigation is initiated, the Commission will notify the subject of the investigation and conduct the investigation accordingly. The Commission will also make recommendations on whether there is probable cause for a violation.

Additionally, the bill allows parties aggrieved by the Commission's dismissal of a complaint or its failure to act on a complaint to file a petition with the United States District Court for the District of Columbia. The court will determine whether the dismissal or failure to act is contrary to law.

Other Provisions

The bill includes provisions on restrictions on ex parte communications, clarifying the authority of FEC attorneys to represent the FEC in the Supreme Court, requiring forms to permit the use of accent marks, and the permanent extension of administrative penalty authority.

The amendments made by the bill will take effect on January 1, 2025, and will not affect any ongoing cases or proceedings.

S 3844 Restoring Integrity to America’s Elections Act

US Congress 118th Congress

Bill Texts

Introduced 03/05/2024

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Sponsors (2)

Sen. Ben Lujan

Co-Sponsor

Sen. Chris Van Hollen

Primary Sponsor