To promote the integrity and improve the administration of elections for Federal office, and for other purposes.
Introduced on 1/30/26
The Make Elections Great Again Act represents a comprehensive overhaul of federal election administration, establishing stringent voter identification requirements, citizenship verification protocols, and voter registration list maintenance procedures for all federal elections. The legislation fundamentally restructures how states manage voter eligibility by mandating documentary proof of citizenship for registration, requiring photo identification for in-person voting, and establishing information-sharing agreements between state election officials and multiple federal agencies including the Department of Homeland Security, FBI, NSA, and Office of the Director of National Intelligence. The Act also prohibits ranked-choice voting in federal elections, restricts mail-in ballot handling, and imposes limitations on voting systems that states may use. By centralizing election integrity measures under federal oversight while maintaining state administration, the bill seeks to standardize voter verification processes across all jurisdictions conducting federal elections.
The Act establishes mandatory photo identification requirements for voting in federal elections under Section 101, requiring states to notify applicants of these requirements during registration and ensure compliance by January 1, 2027. Section 112 and 113 create comprehensive voter registration requirements mandating documentary proof of United States citizenship for all new registrants, with states required to verify this documentation through coordination with federal agencies. Section 114 mandates computerized statewide voter registration lists that states must maintain for at least two years and make publicly available in electronic form, incorporating systematic file maintenance programs to remove ineligible voters. The legislation requires states to complete removal processes for ineligible voters no later than 15 days before each general federal election, with Section 113(h) mandating public lists of deemed-ineligible voters who must receive notice and opportunity to cure defects. Section 141 requires driver's licenses and identification cards to indicate citizenship status in compliance with the REAL ID Act of 2005. Section 213 prohibits states from using ranked-choice voting in general federal elections, while Section 305 restricts certain voting systems. Mail-in ballot provisions under Section 21081(a)(2) limit individuals to possessing no more than four mail-in ballots at a time and require government-issued photo identification plus completed affidavits for returning ballots not associated with the individual submitting them. Section 144 establishes preservation requirements for election records, and Section 116 grants the Attorney General authority to bring civil enforcement actions against non-compliant states.
Implementation responsibility is distributed across multiple federal agencies and state election officials, with the Election Assistance Commission designated to adopt and transmit guidance to chief state election officials within 30 days of enactment under Section 117. The Secretary of Homeland Security and Director of National Intelligence must coordinate with appropriate federal entities to submit joint reports to congressional committees and state election officials regarding foreign and domestic election threats. Federal departments and agencies including the Department of Homeland Security, FBI, NSA, Office of the Director of National Intelligence, United States Citizenship and Immigration Services, Social Security Administration, and Postal Service are required to share information with each other and with state officials to verify voter eligibility. States must establish information-sharing agreements with the Attorney General under Section 131 to facilitate verification of citizenship documentation and voter eligibility. The Secretary of Homeland Security must promptly notify state election officials when individuals become naturalized citizens. States bear primary responsibility for implementing computerized voter registration systems, conducting file maintenance, utilizing Postal Service change-of-address information, and removing ineligible voters from rolls. The Act applies to elections held in 2027 or any succeeding year, with states required to achieve compliance by January 1, 2027, though states may certify good cause for extension until January 1, 2028. Reporting requirements include annual reports to Congress on federal election administration and biennial reports on election threats submitted no earlier than 60 days and no later than 30 days before each general federal election.
The Act directly affects all registered voters, prospective voters, state and local election officials, and federal agencies involved in citizenship verification and election security. Voters face new compliance burdens including obtaining and presenting photo identification, providing documentary proof of citizenship for registration, and adhering to stricter mail-in ballot handling requirements. States must undertake significant administrative restructuring to implement computerized voter registration systems, establish information-sharing protocols with multiple federal agencies, conduct systematic voter list maintenance, and verify citizenship documentation for all registrants. The legislation creates substantial compliance costs for states without specifying federal funding sources or amounts, though it references appropriations for fiscal year 2026 and succeeding years. Election officials must manage increased workloads associated with verifying documentation, maintaining public lists of ineligible voters, processing cure opportunities, and coordinating with federal agencies. The Act establishes new rights for voters to cure eligibility defects and receive notice before removal from voter rolls, while creating obligations to provide citizenship documentation and photo identification. Implementation challenges include coordinating information sharing across multiple federal agencies, ensuring accuracy of citizenship verification systems, managing the 15-day deadline for completing voter removals before elections, and maintaining accessibility for voters with disabilities. The legislation does not contain explicit sunset provisions, establishing permanent changes to federal election administration.
The Act exercises federal authority over federal elections under Article I, Section 4 of the Constitution, which grants Congress power to regulate the times, places, and manner of holding elections for Senators and Representatives. The legislation amends and builds upon existing statutory frameworks including the National Voter Registration Act of 1993, the Help America Vote Act of 2002, and incorporates requirements from the REAL ID Act of 2005. Section 116 establishes civil enforcement mechanisms authorizing the Attorney General to bring actions against states or jurisdictions for violations, creating federal judicial review pathways for compliance disputes. The Act preempts state laws that conflict with its requirements regarding voter identification, citizenship verification, ranked-choice voting prohibitions, and voter list maintenance procedures, effectively establishing federal minimum standards that states must meet regardless of existing state constitutional or statutory provisions. The legislation implicates the Privacy Act of 1974 through its information-sharing requirements among federal agencies and with state officials. The Act's interaction with the Voting Rights Act of 1965 creates potential tension regarding voter access and discrimination protections. States retain authority to determine sufficiency of documentation under state law within the federal framework, and to establish procedures for cure opportunities and notice requirements. The Election Assistance Commission receives regulatory authority to issue guidance interpreting the Act's requirements, while the Department of Homeland Security and Director of National Intelligence gain expanded roles in election administration through mandatory reporting and information-sharing obligations.
The Act faces substantial constitutional challenges regarding potential infringement on voting rights protected by the Fourteenth, Fifteenth, Twenty-Fourth, and Twenty-Sixth Amendments, particularly concerning documentary citizenship requirements and photo identification mandates that may disproportionately burden certain populations. The legislation's prohibition on ranked-choice voting in federal elections raises federalism concerns about congressional authority to dictate specific voting methodologies beyond basic time, place, and manner regulations. Implementation challenges include the compressed timeline requiring state compliance by January 1, 2027, the absence of specified federal funding to offset state costs for new systems and verification processes, and the technical complexity of establishing information-sharing agreements among multiple federal agencies and all state election offices. The requirement to complete voter removals 15 days before elections creates operational pressure that may result in erroneous disenfranchisement, while public lists of ineligible voters raise privacy concerns and potential for stigmatization. The documentary citizenship requirement may create barriers for naturalized citizens, Native Americans, elderly voters, and low-income individuals who lack ready access to birth certificates or passports. The mail-in ballot restrictions limiting possession to four ballots and requiring photo identification for returning others' ballots may impede legitimate assistance to elderly, disabled, or homebound voters. Coordination requirements among the Department of Homeland Security, FBI, NSA, Office of the Director of National Intelligence, and state officials create potential for data security vulnerabilities and interagency conflicts. The Act's interaction with existing state election laws, particularly in states with automatic voter registration or same-day registration, creates legal uncertainty and potential for extensive litigation. Opposition arguments center on voter suppression concerns, disproportionate impact on minority communities, unfunded mandates on states, and federal overreach into traditionally state-administered election processes.
