S.Amdt. 4749

This amendment, submitted by Mr. Warnock, seeks to replace the entire contents of bill S. 1383 with the Preventing Election Subversion Act of 2026. Its purpose is to protect the fair and impartial administration of Federal elections by limiting the removal of local election officials and restricting how voters can be challenged.

Key Changes and Additions

Restrictions on Removing Election Administrators

• Removal Standards: Statewide election administrators can only suspend or remove local election administrators for malfeasance in office, neglect of duty, or inefficiency.
• Legal Recourse: Local administrators who are removed in violation of these standards can sue in U.S. district court for injunctive or declaratory relief.
• Federal Oversight:
  • The United States may intervene in removal proceedings.
  • Statewide administrators must report removals to the Assistant Attorney General for the Civil Rights Division of the Department of Justice.
  • Reports must be submitted within 30 days, or within 48 hours if the removal happens between 60 days before and 60 days after a Federal election.
• Court Standards: Federal courts will not give any deference to the state officials or tribunals that initiated the removal.

Voter Protections on Election Day

• Challenge Requirements: People who are not election officials cannot challenge a person's eligibility to register or vote unless they have documented personal knowledge and provide an oath under penalty of perjury.
• Prohibited Challenges: Challenges based on national origin, ethnicity, race, color, or membership in a language minority group are not considered to have a good faith factual basis.
• Timing Restrictions: Non-officials cannot challenge eligibility on election day if the grounds could have been made earlier. Additionally, they cannot challenge eligibility less than 10 days before an election unless the person registered less than 20 days before the election.