The Fate Of H.R. 1: Law Or Limbo?

H.R.1 is an identifier for a bill of the United States House of Representatives. It is generally reserved for a major piece of legislation. The For the People Act, also known as H.R.1, was a federal election law and government ethics bill before the 117th United States Congress. It cleared the House on March 3, 2021, but did not receive a vote in the Senate and did not become law.

Voter registration and voting access

The For the People Act of 2021, also known as H.R.1, addresses several key areas of voter registration and voting access. Here are some of the key provisions related to these topics:

Online Voter Registration

H.R.1 requires states to make online voter registration available to the public. This includes the ability to register to vote, update registration information, and receive election information electronically. States must also collect voter email addresses during registration to facilitate faster communication between election officials and voters.

Automatic Voter Registration (AVR)

H.R.1 includes a version of AVR that allows eligible individuals to opt out of registration at the point of service, rather than using passive opt-in processes. It also requires states to perform a one-time "look back" at agency records to identify eligible but unregistered individuals. However, there are concerns about the potential for ineligible individuals to be registered without their knowledge.

Same-Day Voter Registration

H.R.1 requires states to implement same-day voter registration, allowing eligible individuals to register and cast a regular ballot on the same day. However, this provision raises concerns about the required level of connectivity at polling places, posing both implementation challenges and security risks.

Voter List Maintenance

H.R.1 includes provisions to limit voter list maintenance actions within six months of Election Day. While these changes aim to prevent voter purges, critics argue that they may make it functionally impossible for some states to perform necessary maintenance, leading to bloated voter rolls that are targets for misinformation campaigns.

Voter Caging Prohibition

H.R.1 prohibits the practice of voter caging, which involves sending non-forwardable mail to registered voters and using non-response as a reason for removal from voter rolls. It also establishes criminal penalties for individuals who hinder, interfere with, or prevent another person from registering to vote.

Voting by Mail and Early Voting

H.R.1 expands opportunities for voting by mail and establishes early voting requirements. States must hold early voting for at least two weeks, and Election Day is designated as a federal holiday. These provisions aim to make voting more accessible and secure.

Voting for Individuals with Disabilities

H.R.1 includes requirements for states to promote access to voter registration and voting for individuals with disabilities. This includes the use of absentee ballots, accessible polling places, and the provision of necessary information and assistance.

Poll Worker Recruitment and Training

H.R.1 provides grants to states for poll worker recruitment and training to ensure a sufficient number of well-informed poll workers during elections.

Election Infrastructure and Security

H.R.1 addresses election infrastructure and security by providing grants for obtaining compliant paper ballot voting systems and conducting risk-limiting audits of election results. It also establishes security measures, such as timely threat information and annual reports, to enhance the integrity of the election process.

Election security

H.R. 1, also known as the For the People Act, is a bill in the United States Congress that includes several provisions related to election security. Here are some key points regarding election security from the bill:

Voter-Verified Paper Ballots and Hand Recounts

H.R. 1 seeks to enhance the security of in-person voting by requiring all voting systems used in federal elections to produce voter-verifiable paper ballots. This system allows voters to mark and verify paper copies of their ballots before inserting them into a scanning machine. The paper ballot is then preserved in case of discrepancies or recounts. This measure is widely recognised by elections and cybersecurity experts as a best practice for ensuring election security.

Absentee Ballot Tracking Program

Recognising that a significant proportion of voters cast absentee or mail-in ballots, H.R. 1 aims to improve the security and integrity of this voting method. The bill proposes requiring states to establish programs that allow voters to track and confirm the status of their absentee ballots. This measure is intended to increase voter confidence in mail-in voting options by providing transparency and reducing uncertainty.

Election Infrastructure Protection

H.R. 1 addresses the need to protect election infrastructure from potential interference and cyberattacks. It acknowledges the previous success of election security grants provided by Congress through the U.S. Election Assistance Commission. However, the bill also highlights the ongoing vulnerabilities in election infrastructure and the need for continued improvement in this area.

Election Official Safety

The bill draws attention to the direct threats and undue pressure faced by election officials during the 2020 election cycle. H.R. 1 recognises the importance of protecting the elections community, including officials tasked with administering elections, from threats, interference, and personal harm.

Cybersecurity and Foreign Detection

While H.R. 1 acknowledges the progress made in election security since 2016, it emphasises the need for continued vigilance against cyberattacks from foreign adversaries. The bill highlights the importance of the federal government taking primary responsibility for repelling such attacks, rather than leaving it solely to the states.

H.R. 1 proposes funding for some security-related equipment upgrades and training. However, it is noted that the bill may not provide sufficient funding to secure the nation's vulnerable elections infrastructure. There is a call for Congress to authorise regularised funding specifically aimed at repelling foreign intrusion into the voting process.

Campaign finance

The For the People Act, H.R. 1, is a democracy reform package that was reintroduced in the U.S. Congress in 2021. It addresses voter access, election integrity, security, campaign finance, and ethics for the three branches of government.

H.R. 1 would reform campaign finance law by:

• Expanding the prohibition on campaign spending by foreign nationals.
• Requiring additional disclosure of campaign-related fundraising and spending.
• Requiring additional disclaimers regarding certain political advertising.
• Establishing an alternative campaign funding system for certain federal offices.
• Introducing voluntary public financing for campaigns, matching small donations at a 6:1 ratio.
• Raising the limit the national committee of a political party can spend on a political candidate to $100,000,000.
• Establishing a donation-matching fund for small-dollar donations.
• Restructuring the Federal Election Commission to reduce partisan gridlock.
• Imposing stricter limitations on foreign lobbying.
• Requiring super PACs and other "dark money" organisations to disclose their donors.

Ethics in government

H.R. 1, also known as the For the People Act, is a bill that addresses ethics in government. It includes provisions to:

• Require a code of conduct for Supreme Court Justices
• Prohibit Members of the House from serving on the board of a for-profit entity
• Establish additional conflict-of-interest and ethics provisions for federal employees and the White House
• Require the President, the Vice President, and certain candidates for those offices to disclose 10 years of tax returns

Redistricting

The process for approving a map would also change. Instead of maps being approved along party lines, the new bill would require support from Democrats, Republicans, Independents, and members of third parties on the commission for a map to become law. Partisan gerrymandering would be expressly banned, giving voters an important advantage and creating a statutory remedy for voters to challenge gerrymandered maps.

The rules for drawing maps would be standardized across the country, with map drawers required to avoid unnecessarily dividing communities, neighborhoods, and political subdivisions. Protections for communities of color would also be strengthened to ensure their political power is not undermined. Map drawers would also be required to issue written reports evaluating proposed maps' compliance with these rules before voting could begin.

The public would also have a chance to review maps and provide feedback. All proposed maps would be posted on a public website, and the public would have a minimum of 30 days to review and comment. All comments would be made publicly available, and the commission would be required to issue a final report responding to the comments.

Finally, H.R.1 would streamline the process for challenging maps in court, requiring district courts and the Supreme Court to expedite redistricting cases as much as possible. This change could also be implemented for the 2021 redistricting process, even if other parts of H.R.1 are not yet in place.

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