S. 5351

119 S5351 IS: Clean Elections Act
 U.S. Senate
 2026-08-06
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5351  IN THE SENATE OF THE UNITED STATES   August 6, 2026   Mrs. Gillibrand  introduced the following bill; which was read twice and referred to the  Committee on Rules and Administration    A BILL
To amend the Federal Election Campaign Act to provide for public financing for Federal elections through vouchers directed by eligible voters to the candidates of their choice.
1.
Short title
This Act may be cited as the   Clean Elections Act  .
2.
Establishment of Democracy Dollars Program
(a)
In general
The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following:
V
Democracy dollars program
Sec. 501. Definitions.
Sec. 502. Distribution of democracy dollars to eligible individuals.
Sec. 503. Requirements for participating candidates.
Sec. 504. Use of democracy dollars.
Sec. 505. Administration.
Sec. 506. Funding.
501.
Definitions
For purposes of this title:
(1)
Applicable election series
The term  applicable election series  means, with respect to any Federal office, any of the following elections for such office during an election cycle:
(A)
A primary election (including a primary election held for the selection of delegates to a national nominating convention of a political party and a primary held for the expression of a preference for the nomination of an individual for election to the office of President) for nomination to Federal office.
(B)
A convention or caucus of a political party that has authority to nominate a candidate to Federal office.
(C)
A general election, a special election, or a runoff election for Federal office.
(2)
Democracy dollars
(A)
In general
The term  democracy dollars  means a voucher (having such form as determined by the Commission) that is a Congressional democracy dollar, a Senate democracy dollar, or a Presidential democracy dollar.
(B)
Congressional democracy dollar
A Congressional democracy dollar is a democracy dollar that is restricted such that—
(i)
it may only be transferred to a qualified candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and
(ii)
in the case of any election cycle beginning in 2030 or later, may only be transferred to a qualified candidate for such office for a district in the State in which the eligible individual to whom it is distributed is a qualified resident.
(C)
Senate democracy dollar
A Senate democracy dollar is a democracy dollar that is restricted such that—
(i)
it may only be transferred to a qualified candidate for the office of Senator; and
(ii)
in the case of any election cycle beginning in 2030 or later, may only be transferred to a qualified candidate for such office for the State in which the eligible individual to whom it is distributed is a qualified resident.
(D)
Presidential democracy dollar
A Presidential democracy dollar is a democracy dollar that is restricted such that it may only be transferred to qualified candidates for the offices of President or Vice President.
(3)
Democracy dollar account
The term  democracy dollar account  means an account of a participating candidate that consists only of amounts paid under section 504(a)(3) and that meets such other requirements as established by the Commission.
(4)
Election cycle
The term  election cycle  means the 2-year period beginning on January 1 of each odd-numbered year.
(5)
Eligible individual
The term  eligible individual  means, with respect to any election cycle, an individual who—
(A)
is a citizen or national of the United States; and
(B)
has attained the age of 18.
(6)
Participating candidate
The term  participating candidate  means a candidate who is certified by the Commission under section 503.
(7)
Qualified resident
(A)
In general
Except as provided in subparagraph (B), the term  qualified resident  means, with respect to any State, an eligible individual whose primary residence is located in such State.
(B)
Exceptions
(i)
Students
Any eligible individual who is a full-time student attending a post-secondary educational institution may elect to treat the State in which such institution is located as the State in which such individual is a qualified resident.
(ii)
Individuals living abroad
Any eligible individual whose primary residence is outside the United States shall be treated as a qualified resident of—
(I)
in the case of an eligible individual who is qualified to vote in a State, the State in which the individual is qualified to vote; or
(II)
in the case of any other eligible individual, the last State in which such individual was domiciled before leaving the United States.
502.
Distribution of democracy dollars to eligible individuals
(a)
Process and methods for distribution
(1)
In general
Upon request of an eligible individual who is a qualified resident of a State in which an election for Federal office (other than a runoff election) is held and who is registered to vote in such election (in States where registration is required as a condition of voting), the Commission shall provide to such individual democracy dollars that may be used only in such election in the amount determined under subsection (b).
(2)
Limitations
(A)
Time for making request
Any request under subsection (a) shall be made—
(i)
no earlier than the first day of the election cycle in which the election occurs; and
(ii)
no later than 10 days before the date of the election to which it relates.
 In the case of elections to nominate a candidate for election to a Federal office which do not occur on the same day, clause (ii) shall be applied by using the date of the last such election occurring in the State.
(B)
Limitation on distributions
Except in the case of a special election, the Commission shall not provide democracy dollars to any individual for more than one primary election and one general election for each of the following offices:
(i)
The office of Representative in, or Delegate or Resident Commissioner to, the Congress.
(ii)
The office of Senator.
(iii)
The office of President and Vice President.
(3)
Methods
(A)
In general
Except as provided in subparagraph (B), democracy dollars shall be distributed in such manner as the Commission determines appropriate.
(B)
Pilot program for mailed democracy dollars
The Commission shall conduct a pilot program for the distribution of democracy dollars through the mail. If the Commission determines that such program is a cost effective way to expand participation and attract a more diverse group of participants, the Commission shall expand such program for future elections.
(b)
Determination of type and amount of democracy dollars provided
(1)
In general
The amount determined under this section is—
(A)
in the case of any election (other than a runoff election) for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the Congressional amount;
(B)
in the case of any election (other than a runoff election) for nomination to the office of Senator, the Senate amount; and
(C)
in the case of any election for nomination to the office of, or the office of, President or Vice President, the Presidential amount.
(2)
Amounts
For purposes of this title:
(A)
Congressional amount
(i)
In general
The Congressional amount is an amount equal to $100.
(ii)
Increase
In the case of any election cycle beginning after 2030, the amount determined under clause (i) for any election cycle shall be the sum of the dollar amount in effect under such clause for the preceding election cycle increased by the product of—
(I)
75 percent (or the percentage specified pursuant to section 505(c) for such election cycle) of the percentage (if any) by which—
(aa)
the average of the total amount of contributions received during the preceding election cycle by each candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is not a participating candidate; exceeds
(bb)
the average of the total amount of contributions received during the preceding election cycle by each participating candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and
(II)
the dollar amount in effect under clause (i) for the preceding election cycle.
(iii)
Inflation adjustment
In the case of any election cycle beginning after 2030 for which there is no increase under clause (ii), the Congressional amount in effect for such election cycle shall be the sum of—
(I)
the greater of the dollar amount specified in clause (i) or the dollar amount the amount in effect for the most recent election cycle for which there was such an increase; plus
(II)
the percent increase determined under section 315(c), determined as if the base period were—
(aa)
if there was no prior increase in such dollar amount pursuant to clause (ii), 2029; or
(bb)
in any other case, the calendar year immediately preceding the first calendar year in the election cycle for which the most recent such prior increase occurred.
(B)
Senate amount
(i)
In general
The Senate amount is an amount equal to $100.
(ii)
Increase
In the case of any election cycle beginning after 2030, the amount determined under clause (i) for any election cycle shall be the sum of the dollar amount in effect under such clause for the preceding election cycle increased by the product of—
(I)
75 percent (or the percentage specified pursuant to section 505(c) for such election cycle) of the percentage (if any) by which—
(aa)
the average of the total amount of contributions received during the preceding election cycle by each candidate for the office of Senator who is not a participating candidate; exceeds
(bb)
the average of the total amount of contributions received during the preceding election cycle by each participating candidate for the office of Senator; and
(II)
the dollar amount in effect under clause (i) for the preceding election cycle.
(iii)
Inflation adjustment
In the case of any election cycle beginning after 2030 for which there is no increase under clause (ii), the Senate amount in effect for such election cycle shall be the sum of—
(I)
the greater of the dollar amount specified in clause (i) or the dollar amount in effect for the most recent election cycle for which there was such an increase; plus
(II)
the percent increase determined under section 315(c), determined as if the base period were—
(aa)
if there was no prior increase in such dollar amount pursuant to clause (ii), 2029; or
(bb)
in any other case, the calendar year immediately preceding the first calendar year in the election cycle for which the most recent such prior increase occurred.
(C)
Presidential amount
(i)
In general
The Presidential amount is an amount equal to $100.
(ii)
Increase
The amount determined under clause (i) for any election cycle following the election cycle beginning on January 1, 2029, in which there is an election for the office of President shall be the sum of the dollar amount in effect under such clause for the preceding election cycle increased by the product of—
(I)
75 percent (or the percentage specified pursuant to section 505(c) for such election cycle) of the percentage (if any) by which—
(aa)
the average of the total amount of contributions received during the preceding election cycle in which there was an election for the office of President by each candidate for such office who is not a participating candidate; exceeds
(bb)
the average of the total amount of contributions received during such preceding election cycle by each participating candidate for the office of President; and
(II)
the dollar amount in effect under clause (i) for the preceding election cycle.
(iii)
Inflation adjustment
In the case of any election cycle beginning after 2030 for which there is no increase under clause (ii), the Presidential amount in effect for such election cycle shall be the sum of—
(I)
the greater of the dollar amount specified in clause (i) or the dollar amount in effect for the most recent election cycle for which there was such an increase; plus
(II)
the percent increase determined under section 315(c), determined as if the base period were—
(aa)
if there was no prior increase in such dollar amount pursuant to clause (ii), 2029; or
(bb)
in any other case, the calendar year immediately preceding the first calendar year in the election cycle for which the most recent such prior increase occurred.
(c)
Determination of eligible individuals
(1)
In general
(A)
Acquisition of information
The Commission shall obtain such information from Federal agencies and from State and local governments as is necessary to identify eligible individuals, determine the State in which the eligible individual is a qualified resident, determine whether the eligible individual is registered to vote (in the case where the eligible individual is a qualified resident of a State where registration is required as a condition of voting), and deliver democracy dollars to such eligible individuals.
(B)
Confidentiality
The Commission shall treat any information obtained under subparagraph (A) as confidential and shall take such action as necessary to protect the privacy of such information.
(2)
Limitation
No individual shall be treated as a qualified resident of more than 1 State.
503.
Requirements for participating candidates
(a)
In general
The Commission shall certify a candidate as a participating candidate if such candidate—
(1)
receives qualified contributions and transfers of democracy dollars with an aggregate value of not less than the threshold amount;
(2)
establishes a democracy dollar account;
(3)
certifies that the candidate has complied, and, if such candidate is certified as a participating candidate under this section, will comply, with the contribution requirements under subsection (c) with respect to all elections in the applicable election series for the Federal office that the candidate is seeking; and
(4)
certifies that the candidate has complied, and, if such candidate is certified as a participating candidate under this section, will comply, with the personal fund requirements under subsection (d) with respect to all elections in the applicable election series for the Federal office that the candidate is seeking.
(b)
Establishment of threshold amount
(1)
Threshold amount
(A)
In general
For purposes of subsection (a), the threshold amount with respect to any election cycle is—
(i)
in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, $50,000;
(ii)
in the case of a candidate for the office of Senator, $500,000; and
(iii)
in the case of a candidate of the office of President or Vice President, $1,000,000.
(B)
Inflation adjustment
In any calendar year after 2030, section 315(c)(1)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c)(1)(B) ) shall apply to each amount described in subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subparagraph (A), the  base period  shall be calendar year 2029.
(2)
Return of vouchers
(A)
In general
In any case of any transfer of democracy dollars to a candidate who is not certified under this section before the date that is 30 days before the date of the applicable election, such transfer shall be voided and the eligible individual who transferred such democracy dollars shall be permitted to transfer such democracy dollars (or replacement democracy dollars with equivalent value) to another participating candidate.
(B)
Applicable election
For purposes of subparagraph (A), the term  applicable election  means, with respect to any candidate, the earliest of—
(i)
the primary election for nomination to the office for which the candidate is running;
(ii)
a convention or caucus of a political party that has authority to nominate a candidate for such office; or
(iii)
the election for Federal office.
 In the case of a candidate for the office of President, such term means the first primary election or caucus held for the selection of delegates to a national nominating convention of a political party.
(c)
Contribution requirements
(1)
In general
A candidate meets the contribution requirement of this subsection if the candidate does not accept any contribution other than qualified contributions.
(2)
Qualified contribution
For purposes of this subsection:
(A)
In general
The term  qualified contribution  means any contribution from an individual so long as the aggregate amount of contributions received by such candidate from such individual during the election cycle do not exceed the applicable amount.
(B)
Applicable amount
(i)
In general
For purposes of subparagraph (A), the applicable amount is—
(I)
in the case of the election cycle beginning in 2029, $1,000;
(II)
in the case of the election cycle beginning in 2031, $800;
(III)
in the case of the election cycle beginning in 2033, $600;
(IV)
in the case of the election cycle beginning in 2035, $400; and
(V)
in the case of any election cycle beginning in 2037 or later, $200.
(ii)
Indexing
In any calendar year after 2038, section 315(c)(1)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c)(1)(B) ) shall apply to the $200 amount described in clause (i)(V) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the $200 amount described in clause (i)(V), the  base period  shall be calendar year 2037.
(C)
Special rule for runoff elections
(i)
In general
In the case of a runoff election, the amount in effect under subparagraph (B) shall be increased by $200.
(ii)
Indexing
In any calendar year after 2030, section 315(c)(1)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c)(1)(B) ) shall apply to the $200 amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the $200 amount described in clause (i), the  base period  shall be calendar year 2029.
(d)
Personal funds requirement
A candidate meets the personal funds requirement of this subsection if the candidate does not spend personal funds (including personal funds of the candidate or any immediate family member of the candidate) in an amount in excess of $2,500 for any election in the applicable election series.
(e)
Revocation; Prohibition on participation
Notwithstanding subsection (a), the Commission may—
(1)
revoke a certification awarded under this section for any candidate who has violated the rules of this title; or
(2)
refuse to certify any candidate under this section if such candidate has violated the rules of this title in any preceding election for Federal office in which such candidate was a participating candidate.
504.
Use of democracy dollars
(a)
In general
(1)
Transfer of democracy dollars to participating candidates
An eligible individual may transfer democracy dollars to participating candidates in increments that are multiples of $10. In any case in which an individual transfers an amount that is not a multiple of $10, such amount shall be treated as a transfer in amount equal to the next lowest multiple of $10.
(2)
Amounts treated as contributions
The amount of any democracy dollars transferred by an eligible individual to a participating candidate shall be treated as a contribution by such eligible individual to the principal campaign committee of the participating candidate for purposes of this Act, including section 304 (relating to reports by political committees) and 315 (relating to limitations on contributions).
(3)
Amounts transferred into democracy dollars account
(A)
In general
Except as provided in section 506(b), not later than 5 business days after receiving notice of a transfer of democracy dollars to a candidate, the Commission shall pay into the democracy dollar account of a participating candidate an amount equal to the value of the democracy dollars so transferred to such candidate.
(B)
Minimum amounts
Notwithstanding subparagraph (A), the Commission under regulations may require a minimum value threshold of democracy dollars transferred to a particular candidate before making a payment under subparagraph (A).
(b)
Use of amounts in accounts
(1)
Permissible uses
Amounts in a democracy dollars account may be used—
(A)
for otherwise authorized expenditures in connection with the campaign for Federal office of the candidate; and
(B)
as provided in subsection (c) (relating to return of funds).
(2)
Prohibited uses
Amounts in a democracy dollars account shall not—
(A)
be converted by any person to personal use (within the meaning of section 313(b));
(B)
be used to reimburse any eligible individual for the transfer of democracy dollars; or
(C)
be used to make any payment to any member of the family of the candidate (including for any expenditure described in paragraph (1)(A)).
(c)
Return of funds
Not later than the date that is 10 business days after the earliest of the date on which the participating candidate—
(1)
withdraws from an election in the applicable election series;
(2)
no longer qualifies to be on the ballot for any election in the applicable election series; or
(3)
loses an election in the applicable election series;
 the participating candidate shall remit to the Commission any amounts in the democracy dollars account of such candidate that remain unexpended as of such date.
505.
Administration
(a)
In general
The Commission shall by regulations establish rules for the administration of this title.
(b)
Audits
The Commission shall—
(1)
conduct random audits of participating candidates under this title; and
(2)
establish rules for the conduct of such audits, including rules relating to appropriate sample sizes for such audits.
(c)
Review and adjustment of certain amounts
(1)
Review
(A)
In general
After each general election for Federal office, the Commission shall conduct a review of the dollar amount for the Congressional amount, the Senate amount, and the Presidential amount under section 502(b).
(B)
Criteria
In conducting such review, the Commission shall consider whether the amounts are sufficient to allow participating candidates to run robust campaigns and to compete with candidates that are not participating candidates.
(2)
Adjustment
Based on the review conducted under paragraph (1), the Commission may increase the 75 percent amount under subparagraphs (A)(ii), (B)(ii), and (C)(ii) of section 502(b)(2), except that such amount may not be adjusted to an amount in excess of 200 percent.
(d)
Public outreach
The Commission shall establish an information program to make eligible individuals aware of the availability of democracy dollars under this title. Such program shall include the targeting of communities and individuals who have not previously made contributions to candidates and shall encourage voter registration.
506.
Funding
(a)
Authorization of appropriations
(1)
In general
There are hereby appropriated such sums as necessary to carry out the purposes of this title.
(2)
Availability
Any amounts appropriated pursuant to paragraph (1) shall remain available without fiscal year limitation until expended.
(b)
Treatment of transfers in excess of appropriations
In any case in which the aggregate amount of democracy dollars transferred to participating candidates exceeds the amount appropriated under subsection (a), the Commission shall make payments under section 504(a)(3) in full based on the order in time in which the Commission was notified of the transfer.
 .
(b)
Reporting of democracy dollar contributions
(1)
In general
Section 304(b)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(b)(3)(A) ) is amended—
(A)
by inserting  (i)  after  (A) ; and
(B)
in subparagraph (A)—
(i)
in clause (i), as added by subparagraph (A), by inserting  and  after the semicolon; and
(ii)
by adding at the end the following:
(ii)
individual who makes a contribution of democracy dollars (as defined in section 501) during the reporting period, except that in order to protect the privacy of such individual, any identity information other than the ZIP Code, city, and occupation of such individual shall be provided on a separate list which shall not be made available to the public;
 .
(2)
Conforming amendment
Section 311(a)(4) of such Act ( 52 U.S.C. 30111(a)(4) ) is amended by striking the last sentence and inserting  The Commission shall exclude from the public record any list provided under the preceding sentence or under section 304(b)(3)(A)(ii). .
(c)
Repeal of presidential financing system
(1)
In general
The Internal Revenue Code of 1986 is amended by striking subtitle H.
(2)
Repeal of income tax designations
Subchapter A of  chapter 61  of the Internal Revenue Code of 1986 is amended by striking part VIII.
(3)
Transfer of remaining amounts
Amounts remaining in the Presidential Election Campaign Fund on the date described in subsection (d) shall be transferred to the general fund of the Treasury.
(4)
Clerical amendments
(A)
The table of subtitles for the Internal Revenue Code of 1986 is amended by striking the item relating to subtitle H.
(B)
The table of parts for subchapter A of chapter 61 of such Code is amended by striking the item relating to part VIII.
(d)
Effective date
The amendments made by this section shall apply with respect to elections for Federal office occurring after December 31, 2028.