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                                                                                                     July 19, 2023

H.R. 4563, the American Confidence in Elections (ACE) Act


H.R. 4563, the American Confidence in Elections (ACE)
Act, proposes substantial changes to federal election
administration and campaign finance law. The Committee
on House Administration (CHA)  ordered the bill to be
reported, as amended, on July 13, 2023.

CHA   and its Subcommittee on Elections held a series of
hearings in the 118th Congress leading up to introduction of
the bill, including a joint hearing with the House Committee
on Oversight and Accountability:

*  CHA   Subcommittee on Elections, 2022 Midterms Look
   Back Series: Successes in the 2022 Midterm Elections,
   March  10, 2023;
*  CHA   Subcommittee on Elections, 2022 Midterms Look
   Back Series: Election Observer Access, March 23, 2023;
*  CHA,  2022 Midterms  Look Back Series: Government
   Voter Suppression in Luzerne County, Pennsylvania,
   March  28, 2023;
*  CHA,  American  Confidence in Elections: State Tools to
   Promote  Voter Confidence, April 27, 2023;
*  CHA,  American  Confidence in Elections: Protecting
   Political Speech, May 11, 2023;
*  CHA   Subcommittee on Elections, American Confidence
   in Elections: Ensuring Every Eligible American has the
   Opportunity to Vote  and for their Vote to Count
   According to Law, May 24, 2023;
*  CHA   and House Committee  on Oversight and
   Accountability, American Confidence in Elections: The
   Path to Election Integrity in the District of Columbia,
   June 7, 2023;
*  CHA,  American  Confidence in Elections: The Role of
   the Election Assistance Commission in Free, Fair, and
   Secure Elections, June 14, 2023; and
*  CHA,  American  Confidence in Elections: The Path to
   Election Integrity Across America, July 10, 2023.

A version of this legislation introduced in the 117th
Congress (H.R. 8528) did not advance beyond introduction.
In the 116th and 117th Congresses, under the previous
majority, another broad-based elections bill-the For the
People Act of 2019 (H.R. 1) and 2021 (H.R. 1)-was
introduced and passed by the House.

This In Focus provides an overview of the version of the
ACE  Act in the 118th Congress. For a similar overview of
the 117th Congress version of the For the People Act, see
CRS  In Focus IFi1097, H.R. 1 and S. 1: Overview and
Related CRS Products, coordinated by R. Sam Garrett.


Major Provisions
The following subsections summarize some of the major
provisions of the ACE Act. Congressional clients may
contact the authors of this In Focus for more information.

Election Administration
There are two sections of the ACE Act that each address a
range of elections issues. First, one section of the bill would
direct the U.S. Election Assistance Commission's (EAC's)
Standards Board and Local Leadership Council (LLC) to
issue voluntary considerations for states about various
aspects of election administration, from voter registration
list maintenance to mail voting to post-election audits. The
EAC  was created by the Help America Vote Act (HAVA)
to help state and local officials improve election
administration and voters participate in the electoral
process. Its Standards Board and LLC are advisory bodies
made  up of state and local election officials and of local
election officials, respectively.

Second, another section would set various requirements for
the administration of elections in the District of Columbia
(DC). That section would codify or establish requirements
for voter identification in DC elections; voter registration
deadlines and list maintenance; election results reporting;
provisional voting; post-election audits; election observer
access; early voting; and mail ballot deadlines, drop boxes,
transmission, collection, and signature verification. It would
also prohibit DC from permitting noncitizens to vote in its
elections or using ranked choice voting.

Some  aspects of election administration covered by those
two sections of the bill are also a focus of other sections.
Issues that appear in multiple other provisions include the
following:

*  Election systems and security. The EAC, with support
   from the National Institute of Standards and Technology
   (NIST), issues voluntary federal guidelines for voting
   systems and oversees testing and certification of systems
   to the guidelines. The ACE Act would direct the EAC to
   issue similar guidelines for nonvoting election systems,
   such as electronic poll books, and NIST to report on its
   work  supporting the EAC. The bill would also explicitly
   authorize use of certain HAVA funding for specified
   post-election audits and provide for information-sharing
   about election security threats, voluntary testing of
   election systems for cybersecurity vulnerabilities, and a
   study of domestic production of voting equipment.
*  Noncitizen voting. Noncitizens are prohibited by
   federal law from voting in federal elections; that
   prohibition does not extend to state and local elections,
   and some  localities allow noncitizens to vote in local
   contests. The ACE Act would require those localities or

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