THE FEDERAL ELECTIONS MODERNIZATION ACT (FEMA)¶

An Electoral and Congressional Modernization Framework for a Stronger Republic¶

Revision 5.0¶

SECTION 1. SHORT TITLE¶

This Act may be cited as the "Federal Elections Modernization Act" or "FEMA."

SECTION 2. FINDINGS¶

(a) Constitutional Authority¶

Congress finds that:

The Constitution grants Congress authority under the Elections Clause (Article I, Section 4, Clause 1) to regulate the "times, places and manner of holding elections" for federal office.
Congress possesses clear constitutional authority to adjust House size through regular legislation under Article I, Section 2, requiring no constitutional amendment.
The Constitution anticipates and accommodates changes in representation and electoral procedures. The Framers deliberately created a flexible framework allowing Congress to adapt democratic structures to changing circumstances.

(b) Current Electoral Dysfunction¶

Congress finds that:

The American electoral system has produced a Congress unable to address the nation's most pressing challenges. Partisan polarization, legislative gridlock, and declining public trust reflect fundamental structural problems, not merely poor leadership or insufficient civic engagement.
The current winner-take-all, single-member district system creates incentives for partisan gerrymandering, safe seats that insulate incumbents from general election competition, and ideological extremism that makes compromise politically dangerous.
Only 15-30 House districts (3-7% of all seats) are genuinely competitive under current electoral structures. This means approximately 93-97% of House elections are effectively decided in low-turnout partisan primaries rather than general elections, undermining democratic accountability to the broader electorate.
Voters in single-member districts who support losing candidates receive zero representation of their views. In a 435-seat House elected by winner-take-all rules, millions of voters in each election cycle cast ballots that have no influence on who represents them, creating systematic underrepresentation of political minorities in every district and state.
House districts now represent an average of 770,000 constituents, making meaningful constituent services impossible and creating barriers between representatives and the people they serve. The original ratio (approximately 30,000:1) was designed to ensure representatives maintained close connections to constituents and could provide meaningful responsiveness to local concerns.
Congress operates with infrastructure designed for 4 million Americans now serving 335 million -- an 84-fold population increase without proportional expansion in representative capacity. This structural mismatch between institutional capacity and governing demands has degraded Congress's ability to perform its constitutional functions effectively.

(c) Need for Comprehensive Reform¶

Congress finds that:

Piecemeal reforms addressing individual symptoms of electoral dysfunction -- such as redistricting commissions, term limits, or campaign finance restrictions -- cannot solve structural problems requiring systematic electoral architecture changes.
Primary elections in single-member winner-take-all districts create incentives for ideological extremism, as candidates must appeal to partisan base voters rather than median general election voters. This dynamic has accelerated partisan polarization and made cross-party coalition-building politically dangerous for incumbents facing primary challenges.
Proportional representation through multi-member districts enables multiple political perspectives to win seats in proportion to voter support, creating incentives for coalition-building and compromise while maintaining local accountability through district-based representation.
STAR (Score Then Automatic Runoff) voting provides superior preference expression compared to plurality or ranked-choice voting, enabling voters to express nuanced opinions about multiple candidates while maintaining simplicity and avoiding vote-splitting problems that plague other systems.
The scale of representation deficiency in the current 435-member House requires timely correction. At present ratios exceeding 760,000 constituents per Representative -- six to seven times larger than peer democracies -- meaningful constituent service and legislative responsiveness have become structurally impossible. A modernized House sized according to the cube root rule, reaching approximately 700 to 720 members under Census Bureau population projections, restores manageable district populations and strengthens legislative effectiveness. An initial expansion to 510 members followed by predictable biennial increases of 35 seats achieves cube root compliance within approximately 14 years -- three presidential terms -- enabling the Nation to realize the democratic benefits of proportional representation and multi-member districts within a single political generation. This accelerated timeline ensures that members who enact these reforms will see their results, voters will experience tangible improvements in representation quality, and institutional modernization proceeds on a human timescale rather than deferring reform impacts to the distant future.
State legislatures and city councils successfully operate with proportional representation systems and larger memberships, demonstrating that these reforms are practical, effective, and consistent with American governance traditions.

(d) Proportional Representation Benefits¶

Congress finds that:

Multi-member districts with proportional representation reduce gerrymandering incentives, as manipulating district boundaries cannot eliminate proportional representation of political minorities. While district boundaries still matter, the winner-take-all dynamic that makes gerrymandering so powerful disappears under proportional systems.
Proportional representation creates incentives for political parties to appeal to broader coalitions and for candidates to build cross-partisan support, as winning seats requires demonstrating appeal beyond narrow partisan bases.
Multi-member districts enable voters to choose among multiple candidates from the same party or political tradition, providing meaningful choice even in areas dominated by one party. This intra-party competition creates accountability and quality control without requiring voters to support parties they oppose.
Increasing House size makes gerrymandering mathematically more difficult, as creating manipulated districts becomes exponentially more complex with more districts and smaller district populations.
Countries using proportional representation systems demonstrate higher voter satisfaction, broader representation of diverse viewpoints, and greater incentives for inter-party cooperation and coalition government formation.

(e) Integrated Reform Necessity¶

Congress finds that:

Electoral reforms create transitional challenges for incumbents whose careers were built under winner-take-all rules. Providing reasonable transition protections and compensation adjustments aligns incumbent incentives with reform goals and removes barriers to passage.
The reforms in this Act are designed as an integrated system where each component reinforces the others. Ballot access reform (Title I) enables party competition. Party recognition standards (Title II) provide structure for Joint Endorsement Lists. House expansion (Title III) creates seats for proportional representation. Multi-member districts with STAR-PR (Title IV) operationalize proportionality. Non-qualifying federal office examinations (Title V) provide transparency without creating barriers. Compensation, transition, and implementation mechanisms (Title VI) align incentives to make passage politically viable. Enforcement and reporting requirements (Title VII) ensure implementation. General provisions (Title VIII) resolve technical implementation details.
These reforms address root causes rather than symptoms. While campaign finance reform, redistricting commissions, and term limits treat symptoms of uncompetitive elections, this Act restructures the fundamental electoral architecture to restore competition and proportional representation.
Implementing STAR voting universally for all federal elections -- both for single-winner contests (President, Senate, single-member House districts) and proportional contests (multi-member House districts via STAR-PR) -- creates consistent voter experience across all federal races, enables institutional learning and expertise development in election administration, and simplifies voter education by maintaining the same ballot marking method (score-then-preference) regardless of office or district structure.

END OF FINDINGS

TITLE I: FEDERAL BALLOT ACCESS STANDARDS¶

Section 101. Federal Ballot Access Standards¶

(a) Uniform Federal Standard¶

For all federal elections, states shall grant ballot access to any candidate who satisfies one of the following criteria:

Major Party Nomination: Nomination by a federally recognized political party whose candidate for the same office received at least 5% of the vote in the most recent election for that office in that state; or
Signature Threshold: Petition signed by registered voters equal to 0.5% of votes cast for that office in the most recent election in that state, with the following provisions:
No state may require more than 5,000 signatures for statewide office;
No state may require more than 1,000 signatures for House districts;
Signatures may be collected via secure electronic methods approved by the FEC;
States must accept signatures from any registered voter in the relevant jurisdiction regardless of party affiliation; and
States must provide at least 120 days for signature collection following the candidate filing deadline.
Filing Fee Alternative: Payment of a filing fee not exceeding $1,000 for House seats or $2,500 for statewide office, with such fees adjusted annually for inflation using the Consumer Price Index.

(b) Prohibition on Additional Requirements¶

States may not impose ballot access requirements beyond those specified in subsection (a), including but not limited to:

Party enrollment or registration thresholds;
Demonstration of prior electoral performance;
Mandatory primary participation;
Requirements to demonstrate "substantial support" beyond the signature thresholds specified; or
Any other barrier not explicitly authorized by this section.

(c) Early Access Deadline¶

States must establish candidate filing deadlines that provide at least 120 days before the election for candidates meeting the requirements of subsection (a) to collect signatures or file necessary paperwork.

(d) Streamlined Verification¶

States must:

Verify petition signatures within 30 days of submission;
Provide candidates with preliminary signature counts within 15 days;
Permit candidates to submit supplemental signatures to cure deficiencies; and
Establish transparent, consistent standards for signature validity.

Section 102. Independent and Minor Party Candidates¶

(a) Equal Treatment¶

States must treat independent and minor party candidates identically to major party candidates with respect to:

Ballot position (determined by random selection or rotation);
Ballot designation and formatting;
Access to voter lists and election information;
Participation in official voter guides and candidate forums; and
All other aspects of election administration not explicitly reserved for party nominees.

(b) Party Label Rights¶

Candidates may:

Appear on the ballot with party designation of their choice, subject to Section 203 (Joint Endorsement Lists);
Decline party designation and appear as "Independent";
Include up to three party endorsements on the ballot if those parties have formally endorsed the candidate under procedures established in Title II.

Section 103. Write-In Candidates¶

(a) Write-In Rights¶

States must permit and count write-in votes for all federal offices, provided the write-in candidate has filed a declaration of write-in candidacy with state election officials at least 30 days before the election.

(b) Declaration Requirements¶

Write-in candidate declarations may require only:

Candidate name, address, and contact information;
Sworn statement of eligibility for the office;
Filing fee not exceeding $100; and
Designation of how the candidate's name should appear in vote tallies.

Section 104. Preemption¶

This Title supersedes any conflicting state constitutional provisions, statutes, regulations, or local ordinances regarding ballot access for federal elections. State laws that provide easier ballot access than required by this Title remain valid.

Section 105. FEC Implementation Authority¶

(a) Regulatory Authority¶

The Federal Election Commission shall, within 180 days of enactment, promulate regulations implementing this Title, including:

Standards for electronic signature collection systems;
Procedures for resolving ballot access disputes;
Model forms for candidate declarations and petitions;
Standards for signature verification and validation; and
Requirements for state reporting on ballot access compliance.

(b) Technical Assistance¶

The FEC shall provide technical assistance to states in implementing these requirements, including model legislation, administrative procedures, and best practices.

Section 106. Enforcement and Remedies¶

(a) Private Right of Action¶

Any candidate denied ballot access in violation of this Title may bring a civil action in federal district court for declaratory and injunctive relief.

(b) Expedited Review¶

Courts shall expedite proceedings under this section, recognizing the time-sensitive nature of ballot access disputes. Appeals may be taken directly to the appropriate court of appeals.

(c) Attorney's Fees¶

Courts may award reasonable attorney's fees to prevailing plaintiffs in actions under this section.

(d) FEC Enforcement¶

The FEC may investigate complaints and bring enforcement actions against states that systematically violate this Title's requirements.

Section 107. Safe Harbor¶

States that implement ballot access procedures in accordance with FEC regulations promulgated under Section 105 shall be deemed in compliance with this Title.

Section 108. Effective Date¶

This Title takes effect 24 months after the date of enactment, applying to all federal elections held after that date.

END OF TITLE I

Note: FCAO examination requirements (formerly Sections 109-112) have been reorganized as Title V: Non-Qualifying Federal Office Examinations. Candidates must satisfy both Title I ballot access requirements AND Title V examination requirements to achieve ballot access.

Section 201. Federal Party Recognition Standards¶

(a) Qualification Requirements¶

To qualify as a federally recognized political party eligible for Joint Endorsement Lists on federal ballots, an organization must meet one of the following criteria:

Electoral Performance Standard: The party's candidate for President, Senate, or House received at least 5% of votes cast in the most recent federal election in at least 15 states; or
Membership Standard: The party demonstrates:
At least 100,000 registered members nationally;
Members in at least 25 states;
No single state comprising more than 25% of total membership;
Formal organizational structure including bylaws, elected leadership, and regular governance meetings;
Democratic internal decision-making processes for endorsements; and
Basic financial transparency with annual reporting to the FEC.

(b) Maintenance Requirements¶

Federally recognized political parties shall maintain status by:

Meeting either the electoral performance or membership standard in each four-year cycle;
Filing annual reports with the FEC documenting organizational structure, membership, and finances;
Maintaining democratic internal procedures for candidate endorsements; and
Endorsing at least one federal candidate every four years.

(c) Grandfather Provision¶

Parties currently recognized on any state ballot as of the date of enactment automatically receive federal recognition without meeting the thresholds in subsection (a) for four years, during which they must achieve compliance with subsection (a) standards to maintain recognition.

Section 202. Party Registration¶

(a) FEC Registration Process¶

Organizations seeking federal party recognition shall file with the Federal Election Commission:

Formal bylaws and organizational documents;
List of elected party leadership;
Membership verification documentation (if using membership standard);
Electoral performance data (if using electoral performance standard);
Financial disclosure statement; and
Procedures for democratic endorsement decisions.

(b) FEC Review and Approval¶

The FEC shall review applications and grant recognition to qualifying parties within 60 days of filing. Parties denied recognition may appeal to federal district court.

(c) Public Database¶

The FEC shall maintain a publicly accessible database of all federally recognized parties, updated quarterly.

Section 203. Joint Endorsement Lists¶

(a) Ballot Display¶

All federal election ballots shall display up to three party endorsements adjacent to each candidate's name in the format: "Candidate Name (Party 1, Party 2, Party 3)."

(b) Candidate Selection Authority¶

If more than three federally recognized parties endorse a candidate, the candidate selects which three endorsements to display. Candidates may decline to display endorsements.

(c) Cross-Party Endorsement Protection¶

No state law may:

Prohibit federally recognized parties from endorsing candidates endorsed by other parties;
Prohibit candidates from accepting multiple party endorsements; or
Impose restrictions on Joint Endorsement Lists beyond federal standards.

(d) Endorsement Procedures¶

Federally recognized parties determine their own endorsement procedures through internal democratic processes, which may include:

Party convention votes;
Party committee decisions;
Party primary elections; or
Other methods consistent with party bylaws.

Parties may endorse candidates who receive endorsements from other parties. No party may prohibit endorsed candidates from accepting additional endorsements.

Section 204. Preemption¶

This Title supersedes conflicting state laws regarding party recognition and ballot endorsements for federal elections. States may establish additional party recognition criteria for state and local offices.

Section 205. FEC Implementation Authority¶

The Federal Election Commission shall, within 180 days of enactment, promulgate regulations implementing this Title, including:

Party registration procedures;
Membership verification standards;
Electoral performance calculation methods;
Ballot display technical standards;
Enforcement procedures; and
Model state implementation guidelines.

Section 206. Effective Date¶

This Title takes effect 24 months after the date of enactment, applying to all federal elections held after that date.

END OF TITLE II

Section 301. House Expansion Schedule¶

(a) Initial Expansion¶

Beginning with the First FEMA Election, the House of Representatives shall consist of five hundred ten (510) members.

(b) Biennial Increases¶

Beginning with the second Congress elected after the initial expansion described in subsection (a), and at the beginning of each subsequent Congress, the total membership of the House of Representatives shall increase by thirty-five (35) seats.

(c) Termination of Biennial Increases¶

Biennial increases under subsection (b) shall continue until the total number of Representatives equals or exceeds the cube root of the resident population of the United States, as determined by the most recent decennial census. Once this threshold is reached, further changes in House size shall occur only pursuant to subsection (d).

(d) Post-Stabilization Adjustment Rule¶

After biennial increases terminate under subsection (c), the House shall thereafter be sized at the integer nearest to the cube root of the resident population of the United States as measured by each decennial census, rounding up in cases of exact halves. House size shall be adjusted only once per decennial cycle pursuant to this formula.

(e) Apportionment Procedure¶

For each expansion under this section, the Clerk of the House shall:

Use population data from the most recently completed decennial census;
Calculate updated House size pursuant to subsections (a) through (d);
Apportion such seats among the states using the Method of Equal Proportions; and
Publish the apportionment at least twelve (12) months before the applicable election.

(f) Minimum State Representation¶

Each state shall receive at least one Representative, as required by Article I, Section 2 of the Constitution.

(g) Independence from Census Timing¶

House expansion timing under this section operates independently of decennial census timing. Apportionment shall always use the most recent census data available, but expansions occur on the schedule established in this section regardless of when censuses are conducted.

Section 302. Infrastructure Preparation¶

(a) Architect of the Capitol Responsibilities¶

The Architect of the Capitol shall, within 12 months of enactment:

Develop plans for House Chamber expansion to accommodate 750 members;
Design additional office space for new members and staff;
Plan technology infrastructure for expanded membership;
Estimate capital improvement costs; and
Present plans to House Administration Committee for approval.

(b) Infrastructure Timeline¶

Congress shall appropriate necessary funds for infrastructure improvements to be completed:

At least 12 months before the First FEMA Election (510-member capacity);
Incrementally thereafter as biennial expansions require additional capacity; and
Fully completed to cube root capacity (approximately 720 members) within 14 years of enactment.

(c) GAO and CBO Studies¶

Within 180 days of enactment, the Government Accountability Office and Congressional Budget Office shall jointly prepare comprehensive reports analyzing:

Facility requirements for expanded House membership;
Technology and security infrastructure needs;
Staff expansion requirements and costs;
Office space allocation strategies;
Budget impacts and cost projections; and
Administrative and operational adjustments required.

Section 303. Member Representational Allowance¶

(a) Enhanced MRA¶

Upon the First FEMA Election, each Representative's Member Representational Allowance (MRA) shall increase by 35% above the amount in effect immediately before the First FEMA Election, adjusted annually for inflation thereafter.

(b) Subsequent Adjustments¶

MRA amounts shall be reviewed and adjusted as necessary with each biennial House expansion to ensure adequate resources relative to district size.

(c) Authorization¶

There are authorized to be appropriated such sums as necessary to provide enhanced MRA as specified herein.

Section 304. Redistricting Requirements¶

States shall redistrict following each House expansion to accommodate increased representation, using:

Population data from the most recent decennial census;
Standards established in Title IV for multi-member districts (if applicable); and
Traditional redistricting principles for single-member districts (if applicable).

Section 305. Compliance and Oversight¶

(a) Department of Justice Review¶

The Department of Justice shall review state redistricting plans following each House expansion to ensure compliance with the Voting Rights Act and constitutional requirements.

(b) Enforcement¶

Any qualified voter may bring suit in federal district court to challenge redistricting plans that violate federal requirements. Prevailing parties shall be entitled to reasonable attorney's fees.

END OF TITLE III

Section 401. Single-Member District Mandate Repeal¶

The requirement in 2 U.S.C. Section 2c that Representatives be elected from single-member districts is hereby repealed. States shall elect Representatives from multi-member districts as provided in this Title.

Section 402. Multi-Member District Implementation¶

(a) Gradual Phase-In Schedule¶

States shall transition to multi-member congressional districts according to the following schedule:

Transition Cycle 1: The First FEMA Election

States may elect up to 25% of Representatives from multi-member districts

Transition Cycle 2: Second congressional election following Transition Cycle 1

States may elect up to 50% of Representatives from multi-member districts

Transition Cycle 3: Third congressional election following Transition Cycle 1

States may elect up to 75% of Representatives from multi-member districts

Transition Cycle 4: Fourth congressional election following Transition Cycle 1

States may elect up to 90% of Representatives from multi-member districts

Full Implementation: Fifth congressional election following Transition Cycle 1

States shall elect 100% of Representatives from multi-member districts (except as provided in subsection (e))

(b) District Magnitude Requirements¶

Multi-member congressional districts shall:

Elect between 3 and 7 Representatives per district;
Contain substantially equal population across districts within each state;
Comply with Voting Rights Act and constitutional one-person-one-vote requirements;
Maintain geographic contiguity and, where practicable, respect county and municipal boundaries; and
Not be drawn to favor or disfavor any political party or incumbent.

(c) Incumbent Protection During Transition¶

During Transition Cycles 1-4, incumbent Representatives may choose to:

Remain in current single-member districts if they continue to exist; or
Compete in newly created multi-member districts.

No incumbent shall be required to compete in multi-member districts until Full Implementation.

(d) Limited Single-Member District Retention¶

Following Full Implementation, states may retain single-member districts only for:

Geographically isolated areas (e.g., Alaska's remote regions, Hawaii's islands) where multi-member districts would create unreasonable geographic burdens; or
States with fewer than three Representatives total.

Such exceptions require Department of Justice approval with demonstration that multi-member districts would substantially impair effective representation.

(e) Small State Application¶

States with fewer than three Representatives are exempt from multi-member district requirements and shall use single-winner STAR voting as specified in Section 404(e).

Section 403. Districting Criteria¶

(a) Required Standards¶

States drawing multi-member congressional districts shall:

Ensure substantial population equality across districts;
Maintain Voting Rights Act compliance;
Preserve communities of interest where practicable;
Respect county and municipal boundaries where consistent with other requirements; and
Maintain geographic contiguity.

(b) Prohibited Criteria¶

States may not draw multi-member districts to:

Discriminate based on race, ethnicity, language minority status, or political party membership;
Dilute minority voting strength in violation of the Voting Rights Act; or
Favor or disfavor any political party or incumbent.

(c) Independent Redistricting Commissions¶

States are encouraged but not required to establish independent redistricting commissions. Redistricting procedures remain within state authority subject to federal standards.

Section 404. STAR Voting Method¶

(a) Universal STAR Voting Requirement¶

All federal elections shall use STAR voting (Score Then Automatic Runoff):

Voters score each candidate from 0-5 stars;
System maximizes voter satisfaction while maintaining accountability;
Eliminates spoiler effects and reduces strategic voting incentives; and
Provides intuitive interface familiar from consumer rating systems.

This requirement applies to:

All House of Representatives elections;
All United States Senate elections; and
All Presidential elections.

(b) Implementation Timeline¶

STAR voting for all federal elections takes effect for the first federal elections held at least 24 months after enactment.

(c) Ballot Format¶

Ballots shall display all qualified candidates with scoring interface allowing voters to:

Score all candidates, some candidates, or no candidates;
Assign the same score to multiple candidates;
Leave candidates unscored (treated as 0 stars); and
View candidate party endorsements (Title II) and FCAO scores (Title V).

(d) Unified General Election Structure¶

For all federal elections, qualified candidates appear directly on the general election ballot without state-administered primary elections.

(1) Single General Election Requirement

All candidates meeting ballot access requirements (Title I) appear directly on the general election ballot, with party endorsements (Title II) and FCAO scores (Title V, beginning with the Second FEMA Election) displayed.

This requirement applies uniformly to:

All House of Representatives elections, regardless of district type;
All United States Senate elections; and
All Presidential elections.

States shall not conduct state-administered primary elections for federal offices.

(2) Rationale

STAR voting achieves optimal democratic outcomes when all qualified candidates appear on the general election ballot without pre-filtering through primaries. The scoring mechanism ensures winners have both high overall support and majority preference in the automatic runoff, eliminating the traditional justification for primary elections. Single general elections:

Maximize voter participation (general elections consistently outperform primaries in turnout);
Eliminate party registration barriers that exclude voters from meaningful participation;
Reduce administrative costs and campaign cycle duration;
Ensure consistency of voter experience across all federal elections regardless of state of residence;
Allow STAR voting to perform its designed function of identifying broadly supported winners from any field size; and
Eliminate state-by-state variation that creates confusion and unequal access to democratic participation.

(3) Party Autonomy Preserved

Political parties retain full autonomy to conduct internal candidate selection processes independent of state-administered elections. Parties may:

Conduct internal nomination processes through caucuses, conventions, or party-controlled procedures;
Hold advisory straw polls or preference votes among party members;
Issue endorsements through Joint Endorsement Lists (Title II);
Campaign for preferred candidates;
Organize party infrastructure and recruit candidates; and
Provide resources and support to preferred candidates.

Such party processes:

Shall be funded entirely by the party conducting them;
Shall not use state election infrastructure or personnel;
Shall not restrict which candidates appear on the general election ballot; and
Shall not affect candidate eligibility or ballot access under Title I.

(4) Constitutional Rationale

This unified general election structure:

Exercises Elections Clause authority to regulate the "manner of holding elections" for federal office;
Establishes uniform national standards for federal elections consistent with Congressional authority;
Does not prohibit party activity but separates party processes from state-administered elections;
Preserves party autonomy by permitting internal nomination processes at party expense;
Ensures equal voter participation regardless of party affiliation or state of residence; and
Advances legitimate governmental interests in administrative efficiency, voter participation, electoral consistency, and democratic integrity.

(5) Implementation Timeline

This subsection takes effect for the First FEMA Election.

(e) Single-Winner STAR Tabulation¶

For elections with single winner:

Step 1: Score Tabulation

Sum all scores received by each candidate
Identify two candidates with highest total scores

Step 2: Automatic Runoff

Compare two highest-scoring candidates
On each ballot, candidate with higher score receives one vote
Candidate receiving more votes in automatic runoff is elected

Step 3: Tiebreaking

Ties resolved by random selection, public lot drawing, or other neutral method established by state law

This single-winner procedure applies to:

All Senate elections;
All Presidential elections;
House elections in single-member districts; and
House elections in districts electing one or two Representatives.

(f) Multi-Member District Election Procedures¶

Elections for House seats in multi-member districts follow the unified general election structure specified in subsection (d).

(1) Direct General Election

All candidates meeting ballot access requirements (Title I) appear directly on the general election ballot for multi-member district seats, with party endorsements (Title II) and FCAO scores (Title V, beginning with the Second FEMA Election) displayed.

(2) Rationale

Multi-member districts using STAR-PR achieve optimal democratic outcomes when all qualified candidates appear on the general election ballot. Proportional allocation ensures diverse viewpoints receive representation proportional to voter support without requiring preliminary candidate field narrowing.

(3) Implementation Timeline

This subsection takes effect upon multi-member district implementation in each state according to Section 402(a) schedule.

(g) STAR-PR for Multi-Member House Districts¶

For House elections in multi-member districts electing three or more Representatives, STAR-PR (Score Then Automatic Runoff - Proportional Representation, also known as Allocated Score) shall be used.

(1) Required Properties

The tabulation method shall:

Produce proportional outcomes in which each group of voters receives a share of seats reflecting its share of the electorate;
Operate on the same 0-5 star score ballots used in single-winner STAR elections;
Treat all voters equally, with no voter's ballot given greater or lesser initial weight;
Be candidate-centered, with seats awarded to individual candidates based on voter scores rather than party lists or party-determined ordering;
Be deterministic and auditable, producing the same result from the same ballots in every tabulation; and
Satisfy monotonicity, such that increasing a candidate's score on any ballot can never cause that candidate to lose a seat.

(2) Tabulation Procedure

Seats shall be filled through iterative allocation rounds as follows:

Step 1: Calculate the quota. The quota is the unit of ballot weight allocated per seat, calculated as: total valid ballots divided by seats to be filled. The quota formula is an adjustable parameter under Section 409(e)(1).

Step 2: Calculate weighted scores. For each candidate who has not already been elected, compute the sum of each ballot's score for that candidate multiplied by that ballot's current weight. In the first round, all ballot weights are 1.

Step 3: Elect the highest-scoring candidate. The candidate with the highest weighted score wins the next seat.

Step 4: Reduce ballot weights. For each ballot that scored the elected candidate above 0, reduce the ballot's weight in proportion to that ballot's contribution to the elected candidate's weighted score total. The total weight reduced across all ballots in each round equals the quota. Ballots that scored the elected candidate at 0 are unaffected.

Step 5: Repeat. Remove the elected candidate from consideration. Return to Step 2. Continue until all seats are filled.

(3) Tiebreaking

Ties in weighted score totals shall be resolved by neutral, publicly verifiable methods established by state law, subject to guidance from the Electoral Science Office under Section 409.

(4) Scope

This proportional procedure applies only to House elections in multi-member districts with three or more seats.

(h) Minimum Threshold for STAR-PR¶

Districts electing fewer than three Representatives shall use single-winner STAR voting (subsection (e)) rather than STAR-PR. STAR-PR shall only be used for House districts electing three or more Representatives simultaneously.

(i) FEC Certification and Technical Specifications¶

The Federal Election Commission shall, within 12 months of enactment, publish detailed technical specifications for:

Single-winner STAR voting implementation for general elections;
STAR-PR (Allocated Score) implementation for multi-member districts;
Ballot design standards for STAR voting interfaces;
Vote tabulation procedures and audit protocols;
Voting equipment certification requirements; and
Recount and tie-breaking procedures.

Section 405. Ballot Design Standards¶

(a) Clear Presentation¶

Ballots shall present candidate information clearly, including:

Candidate names in alphabetical order or randomized order;
Party endorsements in format specified in Title II;
FCAO scores in format specified in Title V;
Scoring interface with clear 0-5 star options;
Instructions in plain language; and
Multi-lingual presentation per Voting Rights Act requirements.

(b) Accessibility¶

Ballots shall comply with accessibility requirements for voters with disabilities, including:

Compatible assistive technologies;
Audio ballot options;
Large print options;
High-contrast display options; and
Physical ballot accessibility.

(c) FEC Model Ballots¶

The FEC shall publish model ballot designs demonstrating compliance with this section within 12 months of enactment.

Section 406. Transition Protection for Incumbents¶

During transition to multi-member districts (Transition Cycles 1-4):

Incumbents may choose to remain in single-member districts where they exist;
Multiple incumbents may compete in same multi-member district without penalty;
No incumbent shall lose ballot access or face disadvantage due to redistricting;
Incumbents receive transition protection as specified in Title VI; and
States shall minimize incumbent-versus-incumbent contests during transition where practicable.

Section 407. FEC Certification and Oversight¶

(a) Voting System Certification¶

The FEC shall certify voting systems meeting STAR and STAR-PR technical specifications.

(b) State Compliance Monitoring¶

The FEC shall monitor state compliance with this Title and report to Congress annually.

(c) Technical Assistance¶

The FEC shall provide technical assistance to states implementing STAR voting and STAR-PR, including:

Model legislation and regulations;
Voting equipment specifications;
Voter education materials;
Training for election officials; and
Best practices documentation.

Section 408. Contingency Provisions¶

(a) Implementation Delays¶

If states face genuine technical obstacles to timely STAR-PR implementation, the FEC may grant limited extensions upon demonstration of good-faith compliance efforts.

(b) Equipment Availability¶

The FEC shall work with voting equipment vendors to ensure certified STAR-PR systems are commercially available at least 18 months before Transition Cycle 1.

(c) Voter Education¶

The FEC shall coordinate with states to ensure comprehensive voter education campaigns precede STAR voting implementation.

Section 409. Electoral Science Office and Voting Method Technical Review¶

(a) Establishment of the Electoral Science Office¶

(1) Creation

There is established as an independent agency in the executive branch the Electoral Science Office (ESO), which shall be responsible for:

Ongoing evaluation of voting method performance under this Act;
Research into improvements to vote tabulation and seat allocation procedures;
Development and validation of proposed technical modifications;
Coordination with academic institutions, election administrators, and international experts; and
Public education regarding voting method mechanics and outcomes.

(2) Independence

The Electoral Science Office shall operate independently of the Federal Election Commission and shall not be subject to FEC direction or control. The ESO may coordinate with the FEC on implementation matters but maintains separate authority over technical evaluation and modification proposals.

(b) ESO Commission¶

(1) Composition

The Electoral Science Office shall be governed by an ESO Commission consisting of seven (7) members appointed as follows:

Two members appointed by the President;
One member appointed by the Chief Justice of the United States;
One member appointed by the Speaker of the House of Representatives;
One member appointed by the Minority Leader of the House of Representatives;
One member appointed by the Majority Leader of the Senate; and
One member appointed by the Minority Leader of the Senate.

(2) Qualifications

Each Commissioner shall possess demonstrated expertise in one or more of the following fields:

Electoral systems and voting theory;
Applied mathematics or statistics;
Political science with specialization in electoral mechanics;
Computer science with specialization in algorithm design or verification;
Election administration; or
Constitutional law with specialization in election law.

No more than four Commissioners may be registered members of the same political party. Commissioners shall be selected for technical expertise rather than political affiliation.

(3) Terms

Commissioners shall serve staggered six-year terms. Initial appointments shall be staggered as follows: two Commissioners for two-year terms, two for four-year terms, and three for six-year terms, as determined by lot. Commissioners may be reappointed for one additional term.

(4) Removal

Commissioners may be removed only for cause, including neglect of duty, malfeasance in office, or incapacity. Removal requires concurrence of the appointing authority and majority vote of the remaining Commissioners.

(5) Chairperson

The Commission shall elect a Chairperson from among its members by majority vote. The Chairperson shall serve a two-year term and may be re-elected.

(6) Compensation

Commissioners shall receive compensation equivalent to Level IV of the Executive Schedule. The Chairperson shall receive compensation equivalent to Level III of the Executive Schedule.

(c) Tier 1: Statutory Principles¶

(1) Normative Commitments

The following elements of the voting methods established in this Title are normative commitments of the statute. They define the democratic principles that the voting methods must satisfy. The ESO shall have no authority to propose or implement modifications to these elements. Modification requires an Act of Congress amending this Title.

Ballot interface consistency: Voters shall perform the same scoring action for all candidates regardless of contest type;
Universal scoring permission: Voters may score all candidates, some candidates, or no candidates, and may assign the same score to multiple candidates;
Equal voter treatment: All voters' ballots shall carry equal initial weight, and no voter's ballot shall be given greater or lesser influence based on party affiliation, geography, or any other characteristic; and
Proportional outcome requirement: For multi-member districts, seat allocation shall produce proportional representation reflecting the distribution of voter support across candidates.

(2) Rationale

These elements embody the statute's normative thesis -- the reasons the law exists. Changing any of these elements would represent a fundamental policy reversal, not a technical improvement. Congressional action is the appropriate vehicle for such decisions.

(d) Tier 2: Protected Design Elements¶

(1) Core Design Choices

The following elements are specific design choices that anchor the voter experience and system architecture. The ESO may study these elements, propose modifications, and submit recommendations to Congress. Modifications require affirmative Congressional approval as specified in subsection (h)(1).

Score range: Voters shall score candidates using a 0-5 star scale;
Unscored treatment: Candidates left unscored shall be treated as receiving 0 stars; and
Single-winner STAR structure: For single-winner contests, the two highest-scoring candidates shall advance to an automatic runoff determined by voter preferences.

(2) Rationale

These elements are well-supported by current research and serve important functions in the system's architecture. However, they represent specific engineering choices rather than normative commitments. Future advances in electoral science may identify improvements. The ESO should be able to study and propose such improvements, but the significance of these elements to the voter experience warrants a higher approval bar than technical parameters: Congress must affirmatively agree, not merely decline to object.

(e) Tier 3: Adjustable Technical Parameters¶

(1) Scope of Technical Review

The following technical parameters may be modified through the process established in subsection (h). These are implementation details that the ESO is best positioned to evaluate and refine based on empirical evidence and ongoing research.

Quota calculation formula: The mathematical formula for determining the unit of ballot weight allocated per seat under STAR-PR, as specified in Section 404(g)(2);
Reweighting methodology: The procedure for adjusting ballot weight after a voter's preferred candidate is elected, to prevent vote exhaustion while maintaining proportionality;
Seat allocation sequence: The order of operations for allocating seats among candidates in each allocation round;
Tie-breaking procedures: Methods for resolving ties at any stage of tabulation, provided such methods remain neutral and publicly verifiable;
Rounding and remainder handling: Procedures for handling fractional allocations and distributing remainder seats; and
Audit and verification protocols: Technical specifications for post-election audits and result verification, provided such protocols do not reduce auditability.

(2) Boundary Conditions

Any modification to adjustable parameters must:

Preserve or improve proportionality of outcomes as measured against recognized metrics;
Maintain or reduce computational complexity of tabulation;
Preserve or improve transparency and public verifiability;
Not create opportunities for strategic manipulation not present in current specifications;
Not disadvantage any political party, candidate, or voter bloc relative to current specifications; and
Be implementable using existing certified voting equipment or equipment certifiable within 18 months.

(f) Decennial Technical Review¶

(1) Mandatory Review

Beginning with the first decennial census completed after the Second FEMA Election, and following each subsequent decennial census, the ESO shall conduct a comprehensive technical review of voting method performance under this Act.

(2) Review Scope

Each decennial review shall evaluate:

Proportionality outcomes across all multi-member district elections since the previous review;
Voter comprehension and ballot completion rates;
Administrative efficiency and error rates;
Advances in electoral science research applicable to STAR and STAR-PR methods;
International experience with comparable voting systems;
Identified edge cases or anomalies in tabulation outcomes; and
Technological developments affecting implementation feasibility.

(3) Report and Recommendation

Within 24 months of each decennial census certification, the ESO shall publish a comprehensive report including:

Findings from the technical review;
Any recommended modifications to adjustable parameters;
Evidence supporting each recommendation, including simulation results and comparative analysis;
Implementation requirements and timeline for recommended modifications;
Minority views from dissenting Commissioners; and
Public comments received during the review process.

(g) Ad Hoc Technical Review¶

(1) Petition-Based Review

The ESO shall initiate an ad hoc technical review upon petition by:

Election officials from states collectively representing at least 20% of House seats;
At least three federally recognized political parties; or
Resolution of either chamber of Congress.

(2) Performance-Based Review

The ESO may initiate an ad hoc technical review upon determination that:

Documented anomalies in tabulation outcomes warrant investigation;
Peer-reviewed research demonstrates a modification would improve proportionality by a statistically significant margin; or
Technological developments create implementation opportunities not previously available.

(3) Ad Hoc Review Procedures

Ad hoc reviews shall follow the same procedures as decennial reviews but may be completed within 12 months of initiation. The ESO shall not initiate more than one ad hoc review in any 24-month period absent extraordinary circumstances.

(h) Modification Approval Processes¶

Two approval processes are established, corresponding to the significance of the elements being modified.

(1) Process for Tier 2 (Protected Design Elements)

Modifications to elements specified in subsection (d) shall follow this process:

(i) Commission Supermajority. No modification may be transmitted to Congress unless approved by at least six (6) of seven (7) Commissioners.

(ii) Publication and Comment. Prior to Commission vote, proposed modifications shall be:

Published in the Federal Register with supporting documentation;
Made available for public comment for not fewer than 120 days;
Presented at no fewer than five public hearings in geographically diverse locations; and
Submitted to the FEC, state election officials, recognized political parties, and relevant academic institutions for technical comment.

(iii) Transmission to Congress. Upon Commission approval, proposed modifications shall be transmitted to Congress with:

The full text of proposed specification changes;
Technical documentation and supporting evidence;
Implementation timeline and cost estimates;
Summary of public comments and agency responses;
Certification that the modification preserves all Tier 1 statutory principles; and
Certification that boundary conditions in subsection (e)(2) are satisfied.

(iv) Affirmative Congressional Approval. Proposed modifications to protected design elements shall take effect only upon enactment of a joint resolution of approval by both chambers of Congress and presentment to the President. The joint resolution:

Shall be introduced in either chamber within 60 legislative days of transmission;
Shall be referred to the committees of jurisdiction in each chamber;
Shall be privileged for floor consideration if reported or discharged from committee; and
Shall not be subject to amendment.

If Congress does not enact a joint resolution of approval within 180 legislative days of transmission, the proposed modification does not take effect. The ESO may resubmit a revised proposal after 12 months.

(2) Process for Tier 3 (Adjustable Technical Parameters)

Modifications to parameters specified in subsection (e) shall follow this process:

(i) Commission Supermajority. No modification may be transmitted to Congress unless approved by at least five (5) of seven (7) Commissioners.

(ii) Publication and Comment. Prior to Commission vote, proposed modifications shall be:

Published in the Federal Register with supporting documentation;
Made available for public comment for not fewer than 90 days;
Presented at no fewer than three public hearings in geographically diverse locations; and
Submitted to the FEC, state election officials, and recognized political parties for technical comment.

(iii) Transmission to Congress. Upon Commission approval, proposed modifications shall be transmitted to Congress with:

The full text of proposed specification changes;
Technical documentation and supporting evidence;
Implementation timeline and cost estimates;
Summary of public comments and agency responses; and
Certification that boundary conditions in subsection (e)(2) are satisfied.

(iv) Congressional Review Period. Proposed modifications shall take effect 18 months after transmission to Congress unless, within 120 legislative days of transmission, Congress enacts a joint resolution of disapproval.

(v) Joint Resolution of Disapproval. A joint resolution of disapproval under this subsection:

Shall be introduced in either chamber within 60 legislative days of transmission;
Shall be referred to the committees of jurisdiction in each chamber;
Shall be privileged for floor consideration if reported or discharged from committee;
Shall not be subject to amendment; and
Requires passage by both chambers and presentment to the President.

(vi) Effect of Disapproval. If Congress enacts a joint resolution of disapproval:

The proposed modification shall not take effect;
The ESO may not resubmit substantially similar modifications for 24 months; and
The ESO shall publish a response addressing Congressional concerns.

(vii) Effect of No Disapproval. If Congress does not enact a joint resolution of disapproval within 120 legislative days:

The proposed modification shall take effect on the date specified in the transmission, but not earlier than 18 months after transmission;
The FEC shall update technical specifications and certification requirements accordingly;
States shall implement modifications in time for the first federal election occurring at least 12 months after the effective date; and
The ESO shall provide technical assistance to states and election administrators during implementation.

(i) Transparency and Public Access¶

(1) Open Proceedings

All Commission meetings at which official action is taken shall be open to the public, except that the Commission may close portions of meetings when discussing:

Personnel matters;
Pending litigation; or
Information classified for national security purposes.

(2) Public Database

The ESO shall maintain a publicly accessible database containing:

All election data used in technical reviews, in anonymized form;
Simulation models and source code used in evaluating proposed modifications;
Historical proportionality metrics for all multi-member district elections;
International comparative data on voting system performance; and
Academic research relevant to voting method evaluation.

(3) Annual Report

The ESO shall submit an annual report to Congress summarizing:

Activities undertaken during the preceding year;
Preliminary findings from any ongoing reviews;
Implementation status of any approved modifications;
Research priorities for the coming year; and
Budget and staffing requirements.

(j) Coordination with FEC¶

(1) Implementation Authority

The Federal Election Commission retains authority over:

Voting system certification;
State compliance monitoring;
Technical assistance to states; and
Enforcement of voting method requirements.

(2) Specification Updates

Upon effectiveness of any ESO-approved modification, the FEC shall:

Update technical specifications within 90 days;
Revise certification requirements as necessary;
Provide updated guidance to states and vendors; and
Coordinate with ESO on implementation support.

(3) Information Sharing

The FEC and ESO shall enter into a memorandum of understanding governing:

Sharing of election data and compliance reports;
Coordination on technical assistance to states;
Joint research initiatives; and
Dispute resolution procedures.

(k) Authorization of Appropriations¶

(1) Initial Funding

There are authorized to be appropriated to the Electoral Science Office:

$15 million for the first fiscal year after enactment for establishment and initial operations;
$10 million for each of the subsequent two fiscal years; and
$8 million annually thereafter, adjusted for inflation.

(2) Decennial Review Supplemental

There are authorized to be appropriated such additional sums as necessary to conduct decennial technical reviews, not to exceed $5 million per review cycle.

(l) Effective Date¶

(1) Agency Establishment

The provisions of this section authorizing establishment of the Electoral Science Office, appointment of Commissioners, and administrative preparations shall take effect upon enactment.

(2) Operational Authority

The ESO's authority to conduct technical reviews and propose modifications shall take effect upon the First FEMA Election.

(3) First Decennial Review

The first mandatory decennial review shall commence following certification of the first decennial census completed after the Second FEMA Election.

END OF TITLE IV

TITLE V: NON-QUALIFYING FEDERAL OFFICE EXAMINATIONS¶

Section 501. Federal Candidate Assessment Office (FCAO) Examinations¶

(a) Examination Requirement¶

All candidates for federal office (President, Senate, House of Representatives) must complete the applicable Federal Candidate Assessment Office (FCAO) examination and make their scores publicly available as a condition of ballot access:

Candidates for the House of Representatives must complete the House FE (House FCAO Exam);
Candidates for the United States Senate must complete the Senate FE (Senate FCAO Exam);
Candidates for President of the United States must complete the Presidential FE (Presidential FCAO Exam).

The abbreviation "FE" may be used interchangeably with "FCAO Exam" or "FCAO Examination" in all official materials and communications.

(b) Non-Qualifying Nature¶

FCAO examinations are transparency and information mechanisms, not qualifying examinations;
No minimum score is required for ballot access;
Candidates scoring 0% on any examination may appear on the ballot and, if elected, serve in office;
The examinations serve solely to provide voters with objective information about candidates' knowledge of federal government operations and their respective office responsibilities.

(c) Examination Standards¶

(1) Time-Based Structure

FCAO examinations shall be structured with time-based rigor calibrated to office responsibility:

House FE: 2-hour examination
Senate FE: 4-hour examination
Presidential FE: 8-hour examination administered in two 4-hour parts

(2) Content Requirements

FCAO examinations shall test factual knowledge about governmental structures, processes, laws, and responsibilities relevant to the office sought, including:

Constitutional structure and separation of powers;
Legislative processes and procedures (with depth scaled to office);
Federal government operations and responsibilities;
Constitutional rights and limitations on government power;
Historical context of constitutional provisions;
Budget processes and fiscal policy frameworks;
For Senate FE and Presidential FE: oversight functions, appointment processes, treaty powers, and other office-specific responsibilities.

(3) Content Standards

All FCAO examinations must:

Test factual knowledge rather than policy positions or ideological viewpoints;
Avoid questions with partisan correct answers or that test policy preferences;
Use objective question types (multiple choice, matching, true/false, brief constructed response) with clear correct answers;
Meet professional psychometric standards for validity, reliability, and fairness;
Represent content domains comprehensively and proportionally;
Calibrate difficulty appropriately for each office level;
Ensure cultural fairness, avoiding bias against demographic groups;
Be publicly available for study and practice prior to implementation.

(4) Regular Review and Updates

Examinations shall be reviewed and updated biennially to ensure accuracy, relevance, and alignment with professional psychometric standards.

(d) Administration Procedures¶

Candidates must complete the applicable FCAO examination within 90 days before the filing deadline for ballot access;
Examinations may be completed online through secure proctored systems or at designated testing centers;
Candidates receive provisional scores immediately upon examination completion, with final scores confirmed within the timeframe established by the Commission based on examination validation requirements;
Scores are publicly posted on the FCAO website and provided to state election officials for ballot printing;
Candidates may retake examinations unlimited times, with only the highest score reported and disclosed;
Reasonable accommodations must be provided for candidates with disabilities, consistent with professional testing standards;
Examinations remain available year-round to accommodate candidates' schedules;
Retakes may be scheduled as soon as 14 days after previous attempt, using provisional scores for scheduling decisions.

(e) Score Disclosure¶

FCAO examination scores must be displayed on all official ballots adjacent to each candidate's name;
Ballot format: "[Office] FCAO Score: [percentage]%" (e.g., "House FCAO Score: 87%" or "Presidential FCAO Score: 92%");
Scores must appear in all official voter guides and sample ballots;
States may not obscure, minimize, or remove score disclosures;
FCAO shall maintain a public database of all candidate scores accessible by office, election cycle, and candidate name.

(f) Exemptions¶

The following candidates are exempt from FCAO examination requirements:

Incumbent federal officeholders seeking reelection to their current office;
Former federal officeholders seeking any federal office, provided they completed the applicable FCAO examination for a previous candidacy within the past 10 years and the examination structure has not substantially changed.

Exempt candidates may voluntarily complete FCAO examinations and disclose scores. If they decline, their ballot designation shall read: - "House FCAO Score: Exempt (Current Representative)" or "Exempt (Former Representative)" - "Senate FCAO Score: Exempt (Current Senator)" or "Exempt (Former Senator)" - "Presidential FCAO Score: Exempt (Current President)" or "Exempt (Former President)"

(g) Constitutional Authority¶

This requirement is authorized under the Elections Clause (Article I, Section 4, Clause 1) as a regulation of the "manner of holding elections." The requirement is a disclosure mandate, not a qualification beyond those specified in the Constitution (age, citizenship, residency). FCAO examinations provide transparency tools enabling informed voter decision-making without restricting ballot access or democratic choice.

(h) Implementation Timeline¶

FCAO shall develop initial examinations within 18 months of enactment according to procedures established in Sections 502-503;
A public comment period of 90 days shall precede final examination approval;
Practice examinations and study materials shall be publicly available at least 12 months before examinations become mandatory for ballot access;
This section takes effect as of the Second FEMA Election, as provided in Section 505.

(i) Relationship to Other Requirements¶

FCAO examination requirements are independent of and in addition to all other ballot access requirements in Title I. Candidates must satisfy both Title I requirements and Title V requirements to achieve ballot access.

Section 502. Federal Candidate Assessment Office (FCAO) -- Agency Establishment¶

(a) Establishment as Independent Agency¶

There is established the Federal Candidate Assessment Office (FCAO) as an independent agency within the federal government for the purpose of administering professional competency examinations for candidates for federal office. FCAO shall operate independently of any federal department or agency and shall be governed by the FCAO Commission established in subsection (b).

(b) FCAO Commission¶

(1) Establishment

There is established the FCAO Commission ("Commission") as the governing body of FCAO, responsible for all examination development, administration oversight, quality assurance, and policy decisions.

(2) Composition and Appointment

The Commission shall consist of nine members appointed as follows:

Three members appointed by the President of the United States, with the advice and consent of the Senate;
Two members appointed by the Chief Justice of the United States;
Two members appointed by the Speaker of the House of Representatives;
Two members appointed by the Majority Leader of the Senate.

(3) Qualifications

Commission members must possess demonstrated expertise in one or more of the following areas:

Psychometrics, educational assessment, or testing validity and reliability;
Curriculum development, instructional design, or educational measurement;
Federal government operations, constitutional law, or legislative processes;
Public administration, political science, or American government;
Professional certification or licensing examination development; or
Other relevant fields ensuring Commission competence in examination oversight and governance.

At least three Commission members must hold professional credentials or advanced degrees in psychometrics, educational measurement, testing validity, or closely related fields to ensure rigorous psychometric standards.

(4) Political Balance

No more than five Commission members may be registered members of the same political party;
Appointing authorities shall consider political balance when making appointments;
Commission members may not hold any other federal office or federal employment during their service on the Commission;
Commission members may not serve as officers of any political party or political campaign during their service.

(5) Terms and Continuity

Commission members serve six-year terms;
Terms are staggered so that three members' terms expire every two years;
Initial appointments shall be staggered with three members appointed for two-year terms, three members for four-year terms, and three members for six-year terms, as determined by lot at the Commission's first meeting;
Members may be reappointed for one additional six-year term;
Members serve until their successors are appointed and qualified;
Members whose terms have expired may continue to serve until replaced, but not beyond one year after term expiration.

(6) Removal

Commission members may be removed only for cause, including:
Misconduct in office;
Persistent neglect of duties;
Incapacity preventing performance of duties; or
Conviction of a felony or crime involving moral turpitude.
Removal requires supermajority vote of six of the nine Commission members;
The member subject to removal proceedings may not vote on their own removal;
Removal decisions are subject to judicial review in federal district court;
During removal proceedings, the affected member may be suspended from duties by supermajority vote pending final determination.

(7) Chair Selection

Commission members shall elect a Chair from among their members by majority vote;
The Chair serves a two-year term as Chair and may be reelected;
The Chair presides over Commission meetings, represents the Commission in official capacities, and coordinates Commission activities;
The Chair has no additional vote beyond their vote as a Commission member.

(8) Compensation

Commission members shall receive compensation at the annual rate for Level III of the Executive Schedule under 5 U.S.C. Section 5314;
Members serving as Chair receive compensation at the annual rate for Level II of the Executive Schedule under 5 U.S.C. Section 5313;
Members are entitled to travel expenses, including per diem in lieu of subsistence, in accordance with 5 U.S.C. Sections 5702-5703.

(c) Commission Powers and Duties¶

(1) Examination Development and Approval

The Commission shall:

Develop and maintain professional competency examinations for the House of Representatives (House FE), United States Senate (Senate FE), and President of the United States (Presidential FE);
Review and approve all examination questions, content outlines, and scoring rubrics before use in official examinations;
Require supermajority approval (six of nine votes) for examination questions to enter active item banks;
Reject any questions that test ideological positions, policy preferences, or partisan viewpoints;
Reject any questions lacking clear, objective correct answers based on factual knowledge;
Ensure all examinations meet content standards specified in Section 501(c);
Update examinations biennially to reflect changes in federal law, governmental operations, constitutional interpretations, and professional psychometric standards;
Develop multiple equivalent examination forms to prevent memorization and ensure security;
Establish content weightings and scoring methodologies for each examination;
Commission independent psychometric reviews to validate examination quality.

(2) Administration Oversight

The Commission shall:

Contract with qualified professional testing organizations to administer examinations through competitive procurement processes;
Establish security protocols preventing cheating, unauthorized assistance, and examination content disclosure;
Approve testing center locations ensuring nationwide and international accessibility;
Establish proctoring standards for both in-person and online examination administration;
Review and approve disability accommodation procedures ensuring equal access;
Monitor testing organization performance and contract compliance;
Investigate examination security breaches and implement corrective actions;
Establish candidate misconduct procedures and sanctions;
Establish score confirmation timeframes and ensure score reporting accuracy and timeliness;
Coordinate with state election officials on score disclosure requirements.

(3) Transparency and Public Engagement

The Commission shall:

Hold quarterly public meetings, livestreamed and archived online;
Publish annual reports on examination validity, administration, statistical outcomes, and Commission activities;
Maintain a public website containing:
Examination content outlines and domain specifications;
Sample questions demonstrating question types and difficulty levels;
Complete practice examinations for public study;
Retired examination questions after removal from active use;
Statistical reports on score distributions, demographic performance, and trends;
Commission meeting minutes, decisions, and policy statements;
Links to GAO audit reports and Commission responses;
Respond publicly to comments and concerns about examination content within 60 days;
Provide study guides, reference materials, and preparation resources;
Conduct public comment periods before major examination revisions;
Publish examination blueprints showing content area weightings and question allocation;
Make all Commission votes and decisions part of the public record, except deliberations involving specific examination questions in active use.

(4) Quality Assurance and Auditing

The Commission shall:

Conduct regular validity studies ensuring examinations measure intended knowledge domains;
Perform reliability analyses ensuring consistent scoring across examination forms and administrations;
Monitor demographic performance data to identify and eliminate cultural bias;
Commission independent psychometric reviews from qualified experts not affiliated with the Commission;
Implement continuous improvement processes based on validity studies and performance data;
Review candidate feedback and examination performance statistics;
Ensure examination difficulty remains appropriately calibrated for each office level;
Maintain professional standards alignment with American Educational Research Association, American Psychological Association, and National Council on Measurement in Education guidelines;
Respond to Government Accountability Office audit findings and implement recommended improvements;
Publish technical reports on examination psychometric properties.

(5) Enforcement of Non-Qualifying Principle

The Commission shall:

Monitor compliance with the non-qualifying transparency principle established in Section 501(b);
Investigate complaints alleging misuse of examination scores as qualification criteria;
Report violations of the non-qualifying principle to the Department of Justice for enforcement action;
Coordinate with federal and state authorities to prevent derivative qualification systems;
Issue public statements clarifying the non-qualifying nature of examinations when misunderstandings arise;
Maintain strict adherence to transparency mission in all policies and communications.

(d) Commission Operations¶

(1) Meetings and Quorum

The Commission shall meet at least quarterly at locations determined by the Chair;
The Chair may call additional meetings as necessary;
Five members constitute a quorum for conducting business;
Substantive decisions require majority vote of members present and voting, except where supermajority requirements are specified;
Examination question approval requires supermajority vote (six of nine members);
Removal of members requires supermajority vote (six of nine members);
All meetings except closed sessions involving active examination content shall be open to the public;
The Commission may conduct closed sessions only for:
Deliberations on specific examination questions in active use;
Personnel matters;
Contract negotiations;
Security breach investigations;
Other matters where public disclosure would compromise examination integrity.

(2) Staff and Contracting

The Commission may appoint an Executive Director to manage FCAO operations, subject to majority vote;
The Executive Director serves at the pleasure of the Commission and receives compensation determined by the Commission not to exceed Level IV of the Executive Schedule;
The Commission may employ professional staff including:
Psychometricians and assessment specialists;
Content experts in American government and constitutional law;
Testing security personnel;
Administrative and support staff;
Legal counsel; and
Other personnel necessary for FCAO operations;
The Commission may contract with:
Professional testing organizations for examination administration;
Subject matter experts for content development;
Psychometric consultants for validity studies;
Technology vendors for secure online testing platforms;
Other qualified entities for services supporting FCAO mission;
All contracts shall be awarded through competitive procurement processes ensuring fairness and value;
Contracts with testing organizations shall include performance standards, security requirements, and termination provisions.

(3) Headquarters and Facilities

FCAO shall maintain headquarters in the Washington, D.C. metropolitan area;
The Commission may establish regional offices if necessary for effective administration;
FCAO shall be provided office space, equipment, and technology infrastructure necessary for operations.

(e) Independence and Accountability¶

(1) Independent Authority

FCAO operates as an independent agency not subject to direction or control by any other federal department or agency;
The Commission exercises independent judgment in all examination content, scoring, and policy decisions;
No federal official, including the President, may direct or influence Commission decisions regarding examination content, standards, or individual candidate scores;
The Commission's professional independence is essential to maintaining examination credibility and political neutrality;
FCAO personnel owe primary allegiance to professional standards and examination integrity, not to any political authority.

(2) Judicial Review

Commission decisions are subject to limited judicial review:
Examination content decisions, specific questions, and scoring methodologies are not subject to judicial review except for claims of systematic discrimination against protected classes, constitutional violations of fundamental rights, or arbitrary and capricious action demonstrating complete abandonment of professional standards;
Procedural decisions regarding examination administration, security, and operations are subject to judicial review under the Administrative Procedure Act;
Removal decisions are subject to judicial review in federal district court;
Disputes over contract awards are subject to judicial review under applicable procurement law;
Courts shall give substantial deference to Commission expertise in psychometrics, assessment validity, and professional testing standards;
Emergency judicial relief is available only where examination administration failures threaten to deny ballot access to qualified candidates through no fault of their own;
Judicial review actions shall be filed in the United States District Court for the District of Columbia, with appeals to the D.C. Circuit.

(3) Congressional Oversight

The Commission shall submit annual reports to Congress containing:
Examination administration statistics and outcomes;
Validity and reliability studies;
Demographic performance analyses;
Budget and expenditure reports;
Security incident reports and corrective actions;
Recommendations for statutory improvements;
The Commission shall testify before congressional committees upon request;
Congress retains authority to:
Appropriate initial funding during establishment phase;
Conduct oversight hearings;
Amend FCAO statutory authority through legislation;
Investigate complaints regarding Commission operations;
Congress may not:
Direct specific examination content or question decisions;
Override Commission judgments on individual candidate scores;
Interfere with Commission independence in professional matters;
Defund FCAO after transition to independent funding (see Section 503(a)(2)).

(f) Coordination with Federal Election Commission¶

FCAO shall coordinate with the Federal Election Commission on:
State election official training regarding score disclosure requirements;
Ballot format standards ensuring clear score presentation;
Timeline coordination for candidate filing deadlines and examination completion;
Public education campaigns about examination purpose and non-qualifying nature;
The FEC shall provide FCAO with:
Information on federal candidate filing deadlines by state;
Contact information for state election officials;
Model ballot language incorporating FCAO scores;
Support for voter education regarding examination transparency purpose;
FCAO and FEC shall enter a memorandum of understanding within 6 months of Commission appointment establishing coordination procedures;
Neither agency shall exercise authority over the other's core statutory functions.

Section 503. FCAO Examination Administration¶

(a) Professional Testing Organization Contracts¶

(1) Competitive Procurement

FCAO shall contract with one or more qualified professional testing organizations to administer examinations through competitive procurement processes;
Request for proposals shall be issued within 9 months of the Commission's first meeting;
Contracts shall be awarded within 15 months of enactment based on:
Demonstrated experience administering high-stakes professional examinations;
Testing center network coverage (nationwide and international);
Secure online proctoring capabilities;
Disability accommodation expertise;
Security protocols and breach prevention measures;
Technical infrastructure and system reliability;
Cost-effectiveness and fee structure;
References from other professional certification bodies;
FCAO may contract with multiple testing organizations to ensure:
Geographic coverage in all states and territories;
Redundancy in case of contractor performance issues;
Competition maintaining service quality and cost control;
Specialized services (e.g., one contractor for testing centers, another for online proctoring);
Contracts shall include performance standards with penalties for:
Examination security breaches;
Failure to meet score turnaround requirements established by the Commission;
Inadequate disability accommodations;
Testing center unavailability in required locations;
Technical failures affecting candidate testing;
Any other failures compromising examination integrity or candidate access.

(2) Qualification Standards

Professional testing organizations must demonstrate:

At least five years of experience administering professional certification or licensure examinations;
Testing center networks in all 50 states and U.S. territories, or ability to establish such networks within 6 months;
Secure online proctoring systems using:
Multi-factor identity verification;
Live or AI-assisted proctoring monitoring candidate behavior;
Secure browser technology preventing unauthorized access;
Recording capabilities for security review;
Established disability accommodation procedures compliant with Americans with Disabilities Act;
Item bank security systems preventing unauthorized access;
Business continuity plans ensuring testing availability during emergencies;
Professional liability insurance covering examination administration;
Financial stability and resources to fulfill contract obligations;
No conflicts of interest with test preparation companies or candidate recruiting organizations;
Commitment to non-discrimination and equal access principles.

(3) Contract Requirements

Contracts with testing organizations shall specify:

Testing Center Requirements:
Minimum number of testing centers per state based on population;
Urban and rural geographic distribution ensuring reasonable candidate access;
Testing center hours of operation (minimum 6 days per week);
Physical security standards (surveillance, secure check-in, isolated testing rooms);
Technology requirements (computers, internet connectivity, backup power);
Staff training requirements;
Annual testing center audits;
Online Proctoring Requirements:
Proctoring methodology (live, recorded review, or AI-assisted);
Identity verification procedures;
Technical requirements communicated to candidates;
Technical support availability during testing;
Proctor training and certification;
Recording retention periods;
Privacy protections for candidate data;
Score Reporting Requirements:
Provisional scores delivered immediately upon examination completion through automated scoring systems;
Final scores confirmed within the timeframe established by the Commission, considering psychometric validation, security review, and scoring verification requirements;
Score reports provided to candidates, FCAO, and state election officials;
Comprehensive score reports including overall percentage and content area performance;
National percentile rankings;
Secure electronic transmission to authorized recipients;
Security Requirements:
Item bank access controls and encryption;
Candidate misconduct investigation procedures;
Security breach reporting (immediate notification to FCAO);
Regular security audits by independent assessors;
Employee background checks and confidentiality agreements;
Secure transmission of examination materials to testing centers;
Accessibility Requirements:
Disability accommodation request procedures;
Accommodation approval timelines (maximum 14 days);
Range of accommodations available (extended time, readers, scribes, assistive technology);
Accommodation training for testing center staff;
Alternate format examinations (large print, Braille, audio);
Performance Standards and Remedies:
Specific, measurable performance metrics;
Liquidated damages for breaches;
Termination provisions for persistent failures;
Transition procedures if contract is terminated;
FCAO rights to inspect facilities and audit operations.

(b) Examination Scoring and Reporting¶

(1) Scoring Methodology

All examinations use percentage scoring on a 0-100% scale;
Percentage scores are calculated as: (Points Earned / Total Points Available) x 100;
Points are awarded as follows:
Multiple choice questions: 1 point per correct answer;
True/false questions: 1 point per correct answer;
Matching questions: 1 point per correct match;
Brief constructed response questions: 1-3 points based on scoring rubric;
Short essay questions: 3-5 points based on scoring rubric;
Scenario analysis questions: 5-10 points based on scoring rubric;
All scoring rubrics shall be:
Developed by professional psychometricians;
Approved by supermajority vote of the Commission (6 of 9);
Made publicly available;
Applied consistently across all candidates;
Periodically reviewed and refined based on inter-rater reliability studies;
Constructed response and essay questions shall be scored by:
Trained raters who have completed standardized training;
At least two independent raters per response (blind scoring);
Adjudication process for discrepant scores;
Regular inter-rater reliability monitoring;
Periodic recalibration training.

(2) Highest Score Reporting

When candidates take examinations multiple times, only the highest score achieved across all attempts shall be the official score reported and disclosed;
All previous lower scores are superseded and shall not be disclosed publicly, to election officials, to state authorities, in official databases, or in any official capacity;
The number of examination attempts shall not be disclosed or made part of any public record;
Once a higher score is achieved, it immediately becomes the official score for all purposes including:
Ballot printing and sample ballots;
Official voter guides and election materials;
Public databases and score inquiries;
Media reports and candidate profiles;
All other official uses;
This highest-score rule applies to:
Initial examinations for new candidates;
Recertification examinations for incumbents;
All retakes regardless of reason;
Examinations taken in different election cycles;
Testing organizations and FCAO staff shall implement procedures ensuring:
Previous lower scores are not inadvertently disclosed;
Database systems automatically display only highest scores;
Score reports clearly indicate "Official Score: [highest percentage]";
Internal records distinguish between highest (official) and other scores for administrative purposes only.

(3) Score Reports

Candidates receive comprehensive score reports containing:

Provisional Score Report (Immediate):
Overall percentage score based on automated scoring of objective questions;
Notice that score is provisional pending validation and final confirmation;
Estimated timeframe for final score confirmation as established by the Commission;
Ability to schedule retakes using provisional score;
Final Score Report (Within Commission-Established Timeframe):
Overall percentage score (rounded to nearest whole percentage);
Pass/fail status (N/A -- all candidates proceed regardless of score);
Date of examination;
Examination form identifier;
National percentile ranking among all candidates who have taken that examination type;
Comparison to mean and median scores;
Content Area Performance:
Percentage score for each tested content domain;
Identification of strengths and weaknesses;
Recommendations for study focus if retaking;
Study Resources:
Links to relevant practice materials;
Suggestions for content areas requiring additional preparation;
Information about retake procedures and scheduling;
Official Use Statement:
Confirmation that this score will be reported to election officials;
Explanation of highest-score rule for multiple attempts;
Information about score database and public disclosure.

(6) Score Confirmation Standards

The Commission shall establish official score confirmation timeframes based on:
Examination complexity and question types;
Psychometric validation requirements;
Security and integrity review procedures;
Testing organization capabilities;
Professional testing standards;
Timeframes shall be:
Published prominently on FCAO website and testing materials;
Communicated clearly to candidates at time of examination scheduling;
Reasonable in light of ballot access filing deadlines;
Subject to periodic review and adjustment based on operational experience;
The Commission may establish different timeframes for:
Examinations with only objective (multiple choice, true/false) questions;
Examinations including constructed response items requiring human scoring;
Peak examination periods near filing deadlines;
Routine examinations during non-election periods;
FCAO shall monitor actual score confirmation times and:
Report statistics in annual reports;
Identify delays and implement corrective actions;
Adjust published timeframes if operational realities differ from projections;
Strive for continuous improvement in turnaround speed while maintaining integrity;
Provisional scores shall include estimated confirmation timeframe and clear notice that provisional scores may be adjusted after official validation;
In cases where final score differs from provisional score, candidates shall be:
Notified immediately;
Provided explanation of adjustment;
Offered opportunity to review scoring and request reconsideration;
Informed of appeal procedures if appropriate.

(4) Retake Procedures

Candidates may retake examinations as frequently as desired, subject to 14-day minimum interval between attempts;
Candidates may schedule retakes immediately after receiving provisional scores, without waiting for final score confirmation;
Retake fees are identical to initial examination fees (no surcharges or penalties);
Previous scores do not appear on retake score reports;
Candidates who achieve higher scores on retakes may use those higher scores for all future candidacies for that office type.

(c) Examination Content and Updates¶

(1) Content Domains

Each examination tests knowledge in specific content domains established by the Commission:

House FE Content Domains:
Constitutional structure and separation of powers (15-20% of examination);
House legislative procedures and rules (20-25%);
Federal government organization and operations (15-20%);
Constitutional rights and civil liberties (10-15%);
Budget and appropriations process (10-15%);
Federal ethics laws and House ethics rules (10-15%);
Historical context of constitutional provisions (5-10%);
Senate FE Content Domains:
All House FE content domains with greater depth (40-50% of examination);
Senate-specific procedures (cloture, filibuster, unanimous consent) (15-20%);
Advice and consent responsibilities (treaties, appointments) (10-15%);
Impeachment trial procedures (5-10%);
Congressional oversight and investigation powers (10-15%);
Senate ethics rules and campaign finance regulations (5-10%);
Presidential FE Content Domains:
All Senate FE content domains with greater depth (30-40% of examination);
Executive authority and presidential powers (15-20%);
Commander-in-Chief responsibilities and military law (10-15%);
Foreign policy and diplomatic relations (10-15%);
Executive branch organization and Cabinet operations (10-15%);
Presidential appointment and removal powers (5-10%);
Administrative law and regulatory processes (5-10%);
Presidential ethics and emoluments clauses (5-10%);
Content domain weightings may be adjusted by the Commission based on:
Psychometric validation studies;
Subject matter expert recommendations;
Changes in office responsibilities;
Public feedback;
Professional testing standards;
All adjustments to content domains or weightings require supermajority approval (6 of 9 Commission members).

(2) Item Bank Development

FCAO shall maintain secure item banks containing examination questions for each office:
Minimum of 500 questions per content domain;
Multiple equivalent examination forms;
Regular addition of new questions;
Retirement of questions after specified usage;
Statistical analysis of question performance;
Item bank development procedures:
Subject matter experts draft questions following Commission-approved specifications;
Psychometricians review questions for technical quality;
Bias review panels assess questions for cultural fairness;
Commission approves questions by supermajority vote (6 of 9);
Questions undergo pilot testing before active use;
Statistical analysis ensures questions perform as intended;
Poor-performing questions are revised or retired;
Item bank security:
Access limited to authorized FCAO personnel and contractors;
Multi-factor authentication required;
All access logged and monitored;
Encryption of item banks in storage and transmission;
Regular security audits;
Immediate investigation of any suspected breaches;
Question retirement and public release:
Questions are retired after specified number of uses or time period;
Retired questions may be publicly released for study purposes;
Released questions remain the intellectual property of FCAO;
Public release enhances transparency and candidate preparation.

(3) Biennial Updates

Examinations shall be reviewed and updated every two years to ensure:
Accuracy reflecting current federal law;
Incorporation of recent Supreme Court decisions;
Updates for new statutory requirements;
Reflection of current governmental operations;
Alignment with professional psychometric standards;
Removal of outdated or obsolete content;
Update process:
Commission establishes biennial review schedule;
Subject matter experts identify necessary updates;
New questions are developed following standard procedures;
Outdated questions are retired;
Content domain weightings are reviewed;
Public comment period precedes final approval;
Updated examinations receive supermajority approval (6 of 9);
Substantial changes to examination structure require:
Extended public comment period (90 days);
Validity studies demonstrating new version measures same constructs;
Transition period where candidates may choose old or new version;
Clear communication to candidates about changes;
Minor updates (correcting errors, updating statutory citations) may be implemented without formal public comment but must be documented and reported in annual reports.

(4) Public Practice Materials

FCAO shall provide comprehensive public practice materials including:

Complete Practice Examinations:
Full-length practice exams for each office (House FE, Senate FE, Presidential FE);
Same format, question types, and time limits as official examinations;
Answer keys with explanations;
Scoring guides;
At least two complete practice exams per office available at all times;
Study Guides:
Content outlines showing tested topics;
Recommended study resources (textbooks, government documents, online materials);
Key concepts and definitions;
Constitutional provisions most frequently tested;
Sample questions with detailed explanations;
Question Banks:
Retired questions released for public study;
Organized by content domain;
Difficulty ratings indicated;
Explanations of correct answers;
Regularly updated with newly retired questions;
Tutorial Videos:
Explanation of examination format and scoring;
Test-taking strategies;
Navigation of testing interface;
What to expect on examination day;
Disability accommodation procedures;
All materials available free of charge on FCAO website and in accessible formats.

(d) Accessibility and Accommodations¶

(1) Testing Center Network

FCAO shall ensure testing centers are available in:
All 50 states with population-based distribution;
U.S. territories (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Northern Mariana Islands);
Washington, D.C.;
International locations where feasible for candidates residing abroad;
Testing center distribution standards:
States with population under 1 million: minimum 3 testing centers;
States with population 1-5 million: minimum 5 testing centers;
States with population 5-10 million: minimum 10 testing centers;
States with population over 10 million: minimum 15 testing centers;
Additional centers in rural areas ensuring no candidate must travel more than 100 miles to nearest center;
Testing centers must:
Comply with Americans with Disabilities Act accessibility requirements;
Provide quiet, secure testing environments;
Offer testing appointments at least 6 days per week;
Provide evening and weekend appointments;
Maintain backup power and internet connectivity;
Have trained proctoring staff;
Online proctored examinations provide additional access for:
Candidates in remote locations;
Candidates with scheduling constraints;
Candidates preferring home testing environment;
International candidates where testing centers unavailable.

(2) Reasonable Accommodations

FCAO shall provide reasonable accommodations for candidates with disabilities including but not limited to:

Extended Testing Time:
Time and a half (50% additional time);
Double time (100% additional time);
Unlimited time in appropriate cases;
Additional breaks as needed;
Alternative Formats:
Large print examinations;
Braille examinations;
Audio examinations with screen readers;
Electronic formats compatible with assistive technology;
Physical Accommodations:
Wheelchair-accessible testing stations;
Adjustable desks and chairs;
Special lighting;
Private testing rooms;
Permission to bring medical devices or supplies;
Assistance:
Readers for candidates with visual impairments;
Scribes for candidates with mobility impairments;
Sign language interpreters;
Other human assistance as appropriate;
Technology Accommodations:
Screen magnification software;
Speech-to-text software;
Alternative input devices;
Compatibility with candidate's own assistive technology;
Testing center modifications as needed for specific disabilities.

(3) Accommodation Procedures

Request Process:
Candidates submit accommodation requests when scheduling examinations;
Requests include documentation of disability from qualified professional;
Documentation describes functional limitations and recommended accommodations;
FCAO reviews requests and approves appropriate accommodations;
Approval Timeline:
Standard review: accommodation approved or denied within 14 days of receipt;
Expedited review available for candidates with approaching ballot access deadlines;
Provisional accommodations may be granted pending documentation review;
Appeals:
Candidates may appeal accommodation denials;
Appeals reviewed by Commission-appointed disability accommodation specialist;
Appeal decisions made within 7 days;
Further appeal to Commission available in extraordinary circumstances;
Confidentiality:
Accommodation requests and disability documentation kept confidential;
Not disclosed to election officials or included in public score reports;
Scores from accommodated administrations not flagged or distinguished;
Testing organizations bound by confidentiality requirements;
No Additional Fees:
Accommodations provided at no additional charge;
FCAO absorbs costs of accommodations;
No candidate penalized financially for needing accommodations.

(e) Examination Security¶

(1) Security Protocols

FCAO shall implement comprehensive security protocols including:

Testing Center Security:
Photo identification verification;
Biometric identity confirmation (fingerprint or palm scan);
Prohibition on personal items in testing area (phones, bags, notes);
Secure storage lockers for personal belongings;
Video surveillance of testing areas;
Audio monitoring for suspicious activity;
Secure check-in and check-out procedures;
Scratch paper provided and collected;
Randomized seating assignments;
Proctors trained in security procedures;
Online Proctoring Security:
Multi-factor identity verification before examination start;
Live proctoring or AI-assisted monitoring during examination;
360-degree room scans before testing;
Continuous video and audio recording;
Screen recording to detect unauthorized assistance;
Secure browser preventing access to other applications;
Automatic flagging of suspicious behaviors;
Human review of flagged sessions;
Examination Content Security:
Item banks encrypted and access-controlled;
Different examination forms for each administration;
Question randomization within forms;
Examination materials destroyed after use at testing centers;
Prohibition on removing examination materials;
Non-disclosure agreements for all personnel with access;
Regular security audits of systems and procedures.

(2) Item Bank Protection

Access to item banks limited to:
Commission members (view only, no copying);
Authorized FCAO psychometric staff;
Contracted item writers under non-disclosure agreements;
Testing organization personnel on need-to-know basis;
Technical security measures:
Encryption of item banks at rest and in transit;
Multi-factor authentication for access;
Logging of all access attempts and views;
Automatic alerts for unusual access patterns;
Regular penetration testing;
Incident response plans for breaches;
Physical security measures:
Secure servers in access-controlled facilities;
Backup systems in geographically separated locations;
Disaster recovery procedures;
Regular security audits by independent assessors;
Legal protections:
Item banks designated as confidential trade secrets;
Legal action against unauthorized disclosure;
Injunctions available to prevent dissemination;
Damages for breach of confidentiality agreements.

(3) Candidate Misconduct

Prohibited Conduct:
Providing or receiving unauthorized assistance;
Using prohibited materials (notes, electronic devices);
Copying or reproducing examination content;
Falsifying identity;
Disruptive behavior;
Attempting to access secure item banks;
Sharing examination content with others;
Using proxy test-takers;
Investigation Procedures:
Testing organizations report suspected misconduct immediately;
FCAO investigates allegations;
Candidates notified of allegations and given opportunity to respond;
Evidence reviewed (video recordings, proctor reports, statistical analysis);
Commission reviews findings and determines sanctions;
Sanctions:
Score invalidation for confirmed misconduct;
Prohibition from retaking examination for 1 year;
Permanent prohibition for egregious violations (proxy testing, item bank theft);
Referral to law enforcement for criminal conduct;
Public disclosure if candidate proceeds to ballot despite invalidated score;
Appeals:
Candidates may appeal misconduct findings to Commission;
Appeals heard by panel of three Commission members;
Final decision by full Commission vote;
Further judicial review available under Administrative Procedure Act;
Statistical Detection:
Unusual answer patterns flagged for investigation;
Score gains inconsistent with learning flagged;
Similarity of answers among candidates in same location flagged;
Forensic analysis conducted by psychometricians.

Section 504. FCAO Implementation and Oversight¶

(a) Funding¶

(1) Initial Appropriations

There are authorized to be appropriated such sums as necessary for FCAO establishment and initial operations, including:
Commission member compensation and travel expenses;
Executive Director and initial staff hiring;
Office space, equipment, and technology infrastructure;
Examination development and validation studies;
Item bank creation and psychometric review;
Testing organization procurement and contracting;
Public education and outreach materials;
Website development and database systems;
Initial appropriations shall cover FCAO operations for the first 24 months following enactment;
Estimated initial appropriations requirement: $25-35 million for establishment phase, covering:
Year 1: $15-20 million (Commission appointment, staff hiring, examination development, infrastructure);
Year 2: $10-15 million (testing organization contracts, pilot testing, final preparations);
Appropriations shall be available until expended and may be used across fiscal years as needed for effective implementation.

(2) Independent Funding Structure

Beginning 24 months after enactment, FCAO shall transition to independent funding through examination fees, no longer requiring annual appropriations for operational expenses;
This independent funding structure:
Insulates FCAO from appropriations politics and partisan budget battles;
Follows proven models of other independent agencies (FDIC, NRC, SEC, OCC);
Ensures stable, predictable funding for continuous operations;
Protects against attempts to defund or constrain FCAO through budget process;
Allows multi-year financial planning;
Congress may not reduce or eliminate FCAO operational funding after the transition to fee-based funding, except through legislation specifically amending this section;
FCAO retains authority to request supplemental appropriations for:
Major capital improvements;
Expansion of testing center networks;
Enhanced public education campaigns;
Response to emergencies affecting examination administration;
Other extraordinary expenses beyond normal operations.

(3) Fee Structure

FCAO shall establish examination fees sufficient to cover operational costs including:
Commission and staff compensation;
Testing organization contracts;
Testing center operations;
Examination development and updates;
Psychometric validation studies;
Technology systems and security;
Disability accommodations;
Public education and outreach;
Administrative overhead;
Maximum examination fees:
House FE: $500 per examination attempt;
Senate FE: $750 per examination attempt;
Presidential FE: $1,000 per examination attempt;
These maximum fees may be adjusted annually for inflation using the Consumer Price Index;
FCAO shall set actual fees at levels necessary to sustain operations while remaining accessible:
Fees shall not exceed maximums specified in this subsection;
Fees shall be uniform nationwide (no geographic variation);
Fees shall be the same for testing center and online proctored examinations;
Fees shall cover all accommodations without surcharges;
Fee revenue shall be deposited in a FCAO Operating Fund established in the Treasury:
Fund remains available without fiscal year limitation;
FCAO has direct spending authority from the Fund;
Fund may accumulate reserves for contingencies (maximum 150% of annual operating costs);
Excess reserves may be used to reduce examination fees;
FCAO shall publish annual budgets and financial reports showing:
Revenue from examination fees;
Expenditures by category;
Reserve fund balances;
Fee adequacy analysis;
Any proposed fee adjustments.

(4) Fee Waivers

FCAO shall establish fee waiver procedures for candidates demonstrating financial hardship;
Candidates qualify for fee waivers if:
Annual income is below 200% of federal poverty level;
Currently receiving means-tested federal benefits (SNAP, Medicaid, SSI);
Serving as an unpaid volunteer in government or nonprofit work;
Other circumstances demonstrating inability to pay without undue hardship;
Fee waivers are granted at FCAO discretion based on:
Documentation of income or benefit receipt;
Candidate attestation under penalty of perjury;
Other evidence of financial need;
Fee waivers cover:
Full examination fee;
Unlimited retakes during the election cycle;
All accommodations if needed;
Fee waiver requests are confidential and not disclosed publicly;
FCAO shall fund fee waivers from:
Operating reserves;
Supplemental appropriations if needed;
Modest increases in standard fees to cross-subsidize waivers;
Fee waiver denials may be appealed to the Commission;
FCAO shall ensure fee waivers do not create barriers to ballot access for qualified candidates of limited financial means.

(b) Implementation Timeline¶

(1) Commission Appointment

Appointing authorities shall make initial Commission appointments within 6 months of enactment;
Appointment schedule:
President nominates 3 members within 90 days of enactment;
Senate holds confirmation hearings within 60 days of nomination;
Senate votes on confirmation within 30 days of hearings;
Chief Justice appoints 2 members within 120 days of enactment;
House Speaker appoints 2 members within 120 days of enactment;
Senate Majority Leader appoints 2 members within 120 days of enactment;
If any appointing authority fails to make appointments within 6 months, remaining appointed members may proceed as Commission with reduced membership until all positions are filled;
Initial term staggering (determined by lot at first meeting):
Three members: 2-year initial terms;
Three members: 4-year initial terms;
Three members: 6-year initial terms;
Commission holds first meeting within 60 days of final member appointment or within 7 months of enactment, whichever is earlier.

(2) Examination Development

Commission shall develop draft examinations within 12 months of its first meeting;
Development process:
Establish examination development committees with subject matter experts;
Draft content outlines and specifications;
Create initial item pools;
Conduct bias reviews and psychometric analysis;
Develop scoring rubrics;
Create practice examinations;
Commission approval by supermajority vote (6 of 9);
Public comment period of 90 days shall precede final examination approval;
Commission shall:
Review and consider all public comments;
Make adjustments based on substantive feedback;
Publish responses to major comment themes;
Finalize examinations within 18 months of enactment;
Practice examinations and study materials shall be publicly available at least 12 months before examinations become mandatory for ballot access;
Pilot testing of examinations:
Voluntary pilot testing with interested individuals;
Statistical analysis of pilot results;
Refinement based on pilot data;
Establishment of scoring scales and percentile rankings.

(3) Testing Organization Procurement

FCAO shall issue Request for Proposals within 9 months of enactment;
RFP shall specify:
Testing center network requirements;
Online proctoring capabilities;
Security standards;
Accommodation procedures;
Technology infrastructure;
Performance metrics;
Pricing structure;
Proposal evaluation criteria:
Technical capabilities (40%);
Testing center geographic coverage (20%);
Cost and fee structure (15%);
Security protocols (10%);
Accommodation capabilities (10%);
References and past performance (5%);
Contract awards within 15 months of enactment;
Testing infrastructure operational at least 6 months before examinations become mandatory;
Testing organization readiness verification:
Testing center inspections;
Technology systems testing;
Staff training completion;
Security protocol implementation;
Dry-run examinations;
Commission certification of readiness.

(4) Coordination with States

FCAO shall coordinate with state election officials beginning 18 months before examinations become mandatory;
Coordination activities:
Briefings on examination purpose and non-qualifying nature;
Training on score disclosure requirements;
Model ballot language and formatting;
Timeline coordination for filing deadlines;
Procedures for receiving candidate scores;
Integration with existing ballot access processes;
FCAO shall provide states with:
Technical assistance for ballot printing systems;
Electronic score transmission systems;
Voter education materials;
Frequently asked questions;
Direct support contacts;
State election official training:
Regional training sessions;
Webinars and online resources;
Written guidance documents;
Ongoing technical support;
FCAO and FEC shall coordinate state outreach to ensure consistent messaging.

(c) Transition Provisions¶

(1) Relationship to Constitutional Commission

If a Federal Office Professional Standards Commission is later established by constitutional amendment or subsequent federal legislation, this subsection governs the transition;
Upon establishment of a constitutional Commission:
All FCAO authorities, responsibilities, and duties transfer to the constitutional Commission;
All examination records, item banks, and historical data transfer;
All contracts with testing organizations transfer or are honored until completion;
All ongoing operations continue without interruption;
The FCAO Commission's functions are assumed by the constitutional Commission;
FCAO shall cooperate fully with the constitutional Commission during transition;
Transition timeline:
Constitutional Commission becomes operational on date specified in establishing amendment or legislation;
FCAO continues operations for 180 days after constitutional Commission operational date;
During 180-day transition period, constitutional Commission assumes increasing responsibility;
FCAO sunsets 180 days after constitutional Commission becomes operational;
Commission members serving at time of transition:
May complete their terms as members of the constitutional Commission if appointed to it;
Otherwise, terms end when FCAO sunsets;
Entitled to compensation through end of service;
May assist constitutional Commission with transition as consultants.

(2) Continuity of Examinations

All examinations administered under FCAO remain valid indefinitely after transition to constitutional Commission;
Candidate scores obtained under FCAO:
Transfer to constitutional Commission databases;
Remain valid for ballot access purposes;
Continue to satisfy examination requirements;
Are not invalidated by transition;
Recertification schedules established under FCAO continue under constitutional Commission unless modified;
Candidates who completed examinations under FCAO are not required to retake examinations solely due to transition;
Constitutional Commission may:
Revise examination content going forward;
Update scoring methodologies;
Modify recertification requirements;
But shall not retroactively invalidate FCAO-administered scores.

(3) Institutional Knowledge Transfer

FCAO shall prepare comprehensive transition documentation including:
Examination development methodologies and standards;
Item bank organization and psychometric properties;
Administration procedures and lessons learned;
Security protocols and incident response procedures;
Statistical analyses and validity studies;
Testing organization contract management practices;
Accommodation procedures and best practices;
Technology systems documentation;
Financial management procedures;
Recommendations for constitutional Commission operations;
Transition documentation shall be provided to constitutional Commission no later than 90 days after it becomes operational;
FCAO staff and contractors shall:
Brief constitutional Commission members and staff;
Provide technical assistance during transition;
Transfer institutional knowledge;
Facilitate smooth operational handoff;
Testing organization contracts shall include provisions for:
Transition to constitutional Commission oversight;
Continuity of services during transition;
Minimal disruption to candidates;
Cooperation with new oversight authority.

(d) Non-Qualifying Principle Enforcement¶

(1) Inviolable Principle

All FCAO examinations are transparency and information mechanisms, not qualifying examinations;
This principle is inviolable and may not be modified, waived, or undermined by:
Any legislation;
Any regulation or administrative rule;
Any court decision;
Any executive order;
Any state law or local ordinance;
Any political party rule;
Any contractual requirement;
Any other governmental or private action;
The non-qualifying nature of FCAO examinations is a fundamental, defining characteristic that cannot be altered while maintaining examination legitimacy and public trust.

(2) Democratic Access Absolutely Guaranteed

A candidate scoring 0% on any FCAO examination may appear on the ballot;
A candidate scoring 0% who is elected may serve in office without impediment, challenge, or disqualification;
No minimum score may be established for:
Ballot access;
Eligibility to hold office;
Participation in debates;
Receipt of campaign finance benefits;
Any other electoral advantage or requirement;
Voters retain complete sovereignty to elect any constitutionally qualified candidate regardless of examination performance;
The sole purpose of examinations is to provide voters with objective information for their consideration in making electoral choices;
FCAO, state officials, political parties, and all other actors must respect and preserve this absolute democratic access guarantee.

(3) Prohibition on Derivative Qualification Systems

No federal, state, local, or private authority may:

Establish minimum score thresholds for ballot access;
Create "qualified" or "unqualified" candidate classifications based on scores;
Restrict candidate participation in debates, forums, or public events based on examination scores;
Condition campaign finance eligibility, matching funds, or contribution limits on examination performance;
Weight ballot position based on examination scores;
Use examination scores as qualification criteria for any purpose other than voter information;
Create any system, formal or informal, that effectively transforms examination scores into qualification requirements;
Discriminate against candidates based on examination scores in:
Media coverage access;
Voter guide inclusion;
Party endorsement decisions (except as one factor among many);
Political advertising opportunities;
Any other electoral resource or opportunity;
Pressure candidates to withdraw based on examination performance;
Stigmatize, penalize, or create barriers for low-scoring candidates beyond voter information disclosure.

(4) Automatic Invalidity

Any law, regulation, policy, practice, or action that violates the non-qualifying principle is automatically void and unenforceable;
No judicial declaration is required for such provisions to be invalid;
Officials implementing such provisions act without lawful authority;
Candidates harmed by such provisions have immediate right to injunctive relief;
Courts shall presume invalidity of any action restricting candidate ballot access or electoral participation based on examination scores.

(5) Private Right of Action and Mandatory Injunctive Relief

Any candidate denied ballot access, debate participation, campaign finance eligibility, or any other electoral right based on examination scores may immediately file suit in federal district court;
Upon showing that any authority has used examination scores as qualification criteria, courts shall:
Issue preliminary injunctions within 48 hours restoring candidate rights;
Grant permanent injunctions prohibiting future violations;
Award attorney's fees and costs to prevailing candidates;
Order corrective actions (ballot reprinting, debate inclusion, etc.);
Preliminary injunctions are mandatory upon showing:
Candidate meets constitutional qualifications for office;
Candidate completed FCAO examination (regardless of score);
Candidate denied ballot access or electoral opportunity based on examination score;
Harm is imminent or ongoing;
No bond or security is required for preliminary injunctions under this subsection;
Expedited appeals:
Appeals may be taken directly to appropriate circuit court;
Circuit courts shall rule within 14 days;
Supreme Court review available on emergency basis;
Jurisdiction:
Federal district courts have original jurisdiction;
Venue proper in district where violation occurred;
Cases assigned expedited status on court dockets;
Remedies available:
Injunctive relief (preliminary and permanent);
Declaratory judgments;
Attorney's fees and costs;
Compensatory damages for actual losses;
Nominal damages for violation of constitutional rights;
Prospective relief preventing future violations;
Standing:
Candidates have standing to challenge violations affecting them;
Voters have standing to challenge violations affecting candidate choices;
FCAO has standing to challenge violations of examination integrity;
Public interest organizations have standing to challenge systemic violations.

(6) Congressional Enforcement

Congress shall have power to enforce this section by appropriate legislation, including:

Civil Penalties:
Fines against officials who violate non-qualifying principle;
Penalties up to $10,000 per violation;
Each affected candidate constitutes separate violation;
Penalties paid to harmed candidates as compensation;
Funding Conditions:
State election administration grants conditioned on compliance;
Federal funds may be withheld from jurisdictions violating non-qualifying principle;
Restoration of funds upon compliance and corrective action;
Enhanced Remedies:
Treble damages for willful violations;
Punitive damages for egregious or repeated violations;
Mandatory minimum attorney's fees awards;
Expedited remedial processes;
Criminal Penalties:
Criminal prosecution for willful, systematic violations;
Misdemeanor charges for officials knowingly violating non-qualifying principle;
Felony charges for conspiracies to exclude candidates based on scores;
Fines and imprisonment up to 1 year for misdemeanors, 5 years for felonies;
Enforcement Authority:
Department of Justice authority to investigate and prosecute violations;
Federal Election Commission authority to enforce through civil actions;
FCAO authority to refer violations to DOJ;
Private attorneys general provisions enabling citizen enforcement.

(e) Government Accountability Office Oversight¶

(1) Annual Audits

The Government Accountability Office shall conduct annual audits of FCAO examining:
Examination validity, reliability, and fairness;
Compliance with psychometric professional standards;
Administration procedures and security protocols;
Absence of ideological bias or partisan content;
Cultural fairness and demographic group performance analysis;
Adherence to non-qualifying transparency principles;
Financial management and fee structure adequacy;
Testing organization performance and contract compliance;
Disability accommodation effectiveness;
Score reporting accuracy and adherence to established timeframes;
Audit methodology:
Independent psychometric review of examinations;
Statistical analysis of score distributions and trends;
Demographic fairness analysis (performance by race, ethnicity, gender, age);
Content review for partisan bias;
Security assessment;
Interviews with candidates, testing center staff, Commission members;
Review of Commission meeting minutes and decisions;
Financial audit of revenues, expenditures, reserves;
GAO shall have full access to:
Examination items and scoring rubrics;
Statistical data on candidate performance;
Commission deliberations and records;
Testing organization contracts and performance data;
Financial records;
Security incident reports;
Any other information necessary for comprehensive audit;
FCAO shall cooperate fully with GAO audits and provide:
Timely access to all requested information;
Staff assistance and briefings;
Responses to preliminary findings;
Implementation plans for recommendations.

(2) Public Reports

GAO shall issue public reports on audit findings no later than 6 months after each audit year ends;
Reports shall include:
Executive summary of key findings;
Detailed findings on each audit area;
Recommendations for improvements;
Assessment of FCAO compliance with statutory requirements;
Trends over time in examination quality and administration;
Comparative analysis with other professional examination programs;
Reports shall be submitted to:
Congress (House and Senate committees with jurisdiction);
President;
FCAO Commission;
Made publicly available online;
FCAO shall respond formally to each GAO report within 90 days, indicating:
Agreement or disagreement with findings;
Actions taken or planned in response to recommendations;
Timeline for implementing accepted recommendations;
Explanation for any recommendations not accepted;
FCAO responses shall be published alongside GAO reports;
GAO shall conduct follow-up reviews in subsequent audits verifying implementation of accepted recommendations.

(3) Congressional Briefings

GAO shall brief congressional committees on audit findings;
Briefings shall occur:
Annually following report issuance;
Upon request by committee chairs;
In response to concerns raised by members of Congress;
Before major FCAO policy changes;
Briefings shall cover:
Key audit findings and recommendations;
FCAO performance trends;
Concerns requiring congressional attention;
Potential legislative improvements;
Comparison with best practices in professional testing;
Committee staff shall have access to detailed audit workpapers and supporting documentation;
Congressional oversight hearings may be held based on GAO findings.

(f) Judicial Review Procedures¶

(1) Limited Review of Examination Content

Examination content decisions, specific questions, scoring methodologies, and content domain weightings are not subject to judicial review except for claims of:
Systematic discrimination against protected classes (race, ethnicity, national origin, gender, religion, disability);
Constitutional violations of fundamental rights;
Arbitrary and capricious action demonstrating complete abandonment of professional standards;
Courts shall give substantial deference to Commission expertise in:
Psychometric standards and testing validity;
Content domain selection and weighting;
Question difficulty calibration;
Scoring rubric development;
Professional assessment practices;
Challenges to examination content must show:
Clear violation of statutory requirements;
Systemic pattern of discrimination;
Fundamental departure from professional standards;
Actual harm to identifiable protected class;
Isolated questions or minor errors do not constitute grounds for invalidating entire examinations;
Burden of proof on challengers to demonstrate examination invalidity.

(2) Procedural Review

Commission procedural decisions are subject to judicial review under the Administrative Procedure Act;
Reviewable procedural matters include:
Candidate misconduct determinations;
Accommodation denials;
Fee waiver denials;
Score reporting errors;
Contract award disputes;
Violation of open meeting requirements;
Other administrative decisions;
Standard of review: arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law;
Courts may order:
Remand for further proceedings;
Correction of procedural errors;
Candidate relief (score reinstatement, fee refunds, accommodation approval);
Process improvements.

(3) Emergency Relief Standards

Courts may grant emergency relief only where:
Examination administration failures threaten to deny ballot access to qualified candidates through no fault of their own;
Testing center closures prevent candidates from completing examinations;
Score reporting failures prevent timely ballot printing;
Security breaches compromise examination integrity requiring suspension;
Other circumstances creating imminent, irreparable harm;
Emergency relief may include:
Extension of examination deadlines;
Alternative testing arrangements;
Provisional ballot access pending score resolution;
Temporary suspension of examination requirement if administration failures are widespread;
Emergency relief shall not:
Override non-qualifying principle;
Excuse candidates from completing examinations;
Invalidate properly administered examinations;
Create exceptions to examination requirements except for FCAO operational failures;
Courts shall act expeditiously on emergency motions, ruling within 48-72 hours.

(4) Ballot Disclosure Enforcement

Any qualified voter may bring suit in federal district court to compel state compliance with ballot disclosure requirements in Section 501(e);
Upon showing that a state has failed to display examination scores as required, courts shall immediately issue injunctions requiring compliance;
Courts shall expedite proceedings recognizing the time-sensitive nature of ballot printing and election administration;
Prevailing plaintiffs shall be entitled to reasonable attorney's fees and costs;
Remedies may include:
Mandatory injunctions requiring score display;
Ballot reprinting if necessary;
Supplemental voter information if reprinting impractical;
Corrective measures for future elections;
Attorney's fees and costs;
States may not avoid disclosure requirements through:
Font size manipulation;
Obscure placement;
Separate document requirements;
Technical formatting excuses;
Any other method diminishing score visibility.

Section 505. Title V Effective Date and Implementation Timeline¶

(a) Effective Date¶

The examination requirements of this Title shall take effect beginning with the Second FEMA Election.

(b) Development and Validation Deadline¶

The Federal Candidate Assessment Office shall complete development, pilot testing, validation, and certification of all examinations no later than eighteen (18) months before the Second FEMA Election.

(c) Administration Deadline¶

The Federal Candidate Assessment Office shall make such examinations available for administration to candidates no later than twelve (12) months before the Second FEMA Election, and shall provide sufficient testing windows to ensure fair access and timely score reporting.

(d) First FEMA Election Exemption¶

No candidate shall be required to complete an FCAO examination for the First FEMA Election. Ballots for the First FEMA Election shall not include FCAO score designations.

(e) Agency Establishment Timeline¶

Notwithstanding the effective date in subsection (a), the establishment of the Federal Candidate Assessment Office, appointment of the FCAO Commission, and all administrative preparations shall proceed immediately upon enactment as specified in Section 504, ensuring the agency is fully operational in advance of the Second FEMA Election.

END OF TITLE V

This Title establishes comprehensive compensation and transition mechanisms to align incumbent incentives with democratic reform objectives, addressing the fundamental political economy challenge that electoral reforms require incumbents to vote for changes that may reduce their individual advantages.

Provisions in this Title are divided into:

Immediate Provisions: Taking effect upon the Immediate Effective Date (Tier 1)
First FEMA Election Provisions: Taking effect at the First FEMA Election (Tier 2)

Section 602. Congressional Compensation Adjustment¶

(a) Phased Salary Increases¶

(1) House of Representatives

The annual rate of pay for members of the House of Representatives shall increase according to the following schedule: - Year 1 (beginning on the Immediate Effective Date): $189,200 - Year 2 (first January 1 following Year 1): $204,400 - Year 3 (first January 1 following Year 2): $219,600 - Year 4 (first January 1 following Year 3): $234,800 - Year 5 (first January 1 following Year 4): $250,000

(2) United States Senate

The annual rate of pay for members of the United States Senate shall increase according to the following schedule: - Year 1 (beginning on the Immediate Effective Date): $199,200 - Year 2 (first January 1 following Year 1): $224,400 - Year 3 (first January 1 following Year 2): $249,600 - Year 4 (first January 1 following Year 3): $274,800 - Year 5 (first January 1 following Year 4): $300,000

(3) Timing

The Year 1 increase takes effect on the Immediate Effective Date. Subsequent increases take effect on January 1 of each following year.

(b) Automatic Cost-of-Living Adjustments¶

Beginning one year after Year 5 compensation takes effect, congressional salaries shall be adjusted annually for cost-of-living increases using the Employment Cost Index (ECI) for wages and salaries of workers in private industry, as calculated by the Bureau of Labor Statistics, without requiring further congressional votes.

(c) Superseding Provision¶

This section supersedes 2 U.S.C. Section 4501 (congressional pay adjustment) to the extent inconsistent with this section.

(d) Effective Date¶

This section takes effect on the Immediate Effective Date.

Section 603. Pension Enhancement¶

(a) Accrual Rate Increase¶

The pension accrual rate for members of Congress shall be 2.5% per year of service, replacing the current 1.7% rate, effective for all service years on or after the Immediate Effective Date.

(b) Reduced Vesting Period¶

Members of Congress shall become vested in the congressional pension system after 5 years of service, replacing the current vesting requirement.

(c) Existing Pension Rights Protected¶

Pension benefits already accrued under prior formulas shall be preserved and calculated separately, with total pension being the sum of:

Benefits accrued under prior formulas for service before the Immediate Effective Date; plus
Benefits accrued under this enhanced formula for service on or after the Immediate Effective Date.

(d) Effective Date¶

This section takes effect on the Immediate Effective Date.

Section 604. Professional Development and Continuing Education¶

(a) Annual Allowance¶

Each member of Congress shall receive an annual professional development allowance equal to 5% of their base salary under Section 602(a) for qualifying educational activities.

(b) Allowance Amounts¶

Based on salaries established in Section 602(a): 1. Members of the House of Representatives: $12,500 per year 2. Members of the Senate: $15,000 per year

These amounts automatically adjust with cost-of-living adjustments under Section 602(b).

(c) Compensation-Adjusted Justification¶

While private sector executive professional development typically represents 3-4% of compensation, this percentage yields $15,000-20,000 annually for executives earning $500,000-600,000. To provide equivalent professional development resources at congressional compensation levels ($250,000-300,000), a 5% allocation is necessary to reach comparable absolute dollar amounts for elite executive education and leadership development programs.

(d) Qualifying Activities¶

Allowance may be used for: 1. Academic coursework and degree programs 2. Professional conferences, seminars, and executive education programs 3. Policy research and study trips (domestic and international) 4. Language instruction 5. Technical skills training (data analysis, technology literacy, etc.) 6. Legislative process and governance education 7. Books, journals, subscriptions, and educational materials 8. Professional coaching and mentoring programs

(e) Non-Qualifying Uses¶

Allowance may not be used for: 1. Campaign-related activities or partisan political events 2. Personal travel unrelated to educational objectives 3. Entertainment, social events, or meals except when integral to qualifying programs 4. Family members' education expenses 5. Lobbying or advocacy training

(f) Administration and Reporting¶

Members shall submit expense reports to their respective chamber's ethics office
Reports must document educational activities and expenditures
Unused allowance does not carry over to subsequent years
Allowance is not taxable income when used for qualifying activities

(g) Effective Date¶

This section takes effect on the Immediate Effective Date.

Section 605. Transition Protection for Incumbents¶

(a) Optional Single-Member District Retention¶

During the multi-member district transition period (Title IV, Section 402(a), Transition Cycles 1-4), any incumbent Representative may choose to:

Remain in their current single-member district if one continues to exist in their region; or
Compete voluntarily in a newly-created multi-member district.

(b) No Forced Competition¶

No incumbent Representative shall be required to compete in a multi-member district before Full Implementation as defined in Title IV, Section 402(a).

(c) Redistricting Coordination¶

States conducting redistricting during the transition period shall make reasonable efforts to maintain single-member districts in areas where incumbents elect to remain in single-member competition.

(d) Effective Date¶

This section takes effect beginning with Transition Cycle 1 as defined in Title IV, Section 402(a).

Section 606. Public Campaign Matching Funds¶

(a) Matching Ratio¶

For elections in multi-member congressional districts, qualified candidates shall receive public matching funds at a 6:1 ratio for contributions of $200 or less from individuals, up to a total of $5 million in public funds per candidate per election cycle.

(b) Qualification Requirements¶

To qualify for matching funds, candidates must:

Collect at least $50,000 in qualifying contributions from at least 500 individual contributors;
Participate in at least two public debates or forums in their district;
Agree to voluntary spending limits of $6 million for the general election; and
Comply with enhanced financial disclosure requirements.

(c) Funding Authorization¶

There are authorized to be appropriated such sums as necessary to provide matching funds under this section.

(d) Voluntary Participation¶

Participation in this matching fund program is voluntary. Candidates who decline participation are not subject to spending limits.

(e) Effective Date¶

This section takes effect beginning with Transition Cycle 1 as defined in Title IV, Section 402(a).

Section 607. Senate-Specific Provisions¶

(a) Senate Membership Unchanged¶

Nothing in this Act shall alter the composition, size, or apportionment formula of the United States Senate. Each state shall continue to have two Senators as required by Article I, Section 3 of the Constitution.

(b) Senate Authority Over Internal Rules¶

The Senate retains exclusive authority over its own rules, procedures, committee structure, leadership selection, and other matters of internal governance.

(c) Applicability of Compensation Mechanisms¶

The following provisions of this Title apply to members of the Senate:

Salary adjustment (Section 602)
Pension enhancement (Section 603)
Professional development allowance (Section 604)
Streamlined appointment authority (Section 608)

The following provisions do NOT apply to the Senate:

Transition protection (Section 605) -- Not applicable; Senate elections remain in single-member constituencies (states)
Public matching funds (Section 606) -- Not applicable unless Senate separately adopts

(d) Effective Date¶

This section takes effect on the Immediate Effective Date.

Section 608. Streamlined Senate Appointment Authority¶

(a) Automatic Confirmation Window¶

Presidential appointments requiring Senate confirmation shall be deemed confirmed 90 calendar days after nomination unless the Senate takes affirmative action to reject the nomination by majority vote.

(b) Exception for Supreme Court¶

This automatic confirmation provision does not apply to nominations to the Supreme Court, which shall continue to require affirmative Senate confirmation.

(c) Committee Procedures¶

Senate committees shall schedule confirmation hearings within 45 calendar days of receiving a nomination, except where extraordinary circumstances require additional time.

(d) Floor Consideration¶

If a committee has not reported a nomination within 75 calendar days, the nomination shall be automatically placed on the Senate calendar for floor consideration.

(e) Effective Date¶

This section takes effect on the Immediate Effective Date.

(f) Rationale¶

This provision addresses Senate concerns about increased House membership by streamlining appointment processes, ensuring the Senate's advice-and-consent role remains effective while preventing indefinite delays in filling executive and judicial positions.

Section 609. State Election Administration Funding¶

(a) Grant Program Established¶

The Election Assistance Commission shall provide grants to states to support implementation of this Act, including:

Voting equipment acquisition and certification for STAR-PR;
Ballot design and printing for Joint Endorsement Lists;
Training for election officials;
Voter education campaigns;
Administrative systems upgrades; and
Risk-limiting audit procedures.

(b) Funding Formula¶

Grants shall be allocated to states based on:

50% by equal distribution among all states;
25% by proportion of registered voters;
25% by estimated implementation complexity (multi-member district count, first-time STAR-PR adoption, etc.)

(c) Matching Requirement¶

States shall provide matching funds equal to 25% of the federal grant amount, which may be satisfied through in-kind contributions of existing election infrastructure and staff time.

(d) Funding Authorization¶

There are authorized to be appropriated:

$500 million for the first fiscal year after enactment;
$300 million for each of the subsequent four fiscal years;
$150 million annually thereafter, adjusted for inflation.

(e) Replacement of Filing Fee Revenue¶

To the extent states historically collected filing fees for federal office (prohibited by Title I), federal grants under this section shall offset that lost revenue.

(f) Effective Date¶

This section takes effect on the Immediate Effective Date, with first grants distributed within 6 months of enactment.

Section 610. Implementation Timeline Summary¶

For clarity, the provisions of this Title take effect according to the following schedule:

(a) Immediate Effective Date¶

Upon enactment or convening of next Congress after enactment, whichever is later:

Congressional compensation adjustment (Section 602)
Enhanced pension formula (Section 603)
Professional development allowance (Section 604)
Senate-specific provisions (Section 607)
Streamlined appointment authority (Section 608)
State election administration funding (Section 609)

(b) Conditional Implementation Dates¶

Transition protection for incumbents (Section 605): Beginning with Transition Cycle 1 as defined in Title IV, Section 402(a)
Public matching funds (Section 606): Beginning with Transition Cycle 1 as defined in Title IV, Section 402(a)

Where Transition Cycle 1 is defined in Title IV, Section 402(a).

(c) Effective Date¶

This section takes effect on the date of enactment.

Section 611. Severability¶

If any provision of this Title is held invalid by a court of competent jurisdiction, all other provisions shall remain in full force and effect. Specifically, compensation mechanisms that have taken effect shall remain in force even if corresponding reform provisions are invalidated.

END OF TITLE VI

Section 701. Federal Election Commission Enforcement Authority¶

(a) Rulemaking¶

The Federal Election Commission shall promulgate rules necessary to implement this Act within 18 months of enactment, including:

Technical standards for ballot design under Titles I and II;
Party recognition procedures and standards under Title II;
STAR-PR implementation specifications under Title IV;
Public matching fund administration under Section 606;
Reporting requirements for compliance monitoring; and
Coordination procedures with the Electoral Science Office under Section 409.

(b) Enforcement Powers¶

The Federal Election Commission may:

Investigate complaints of non-compliance;
Issue advisory opinions on interpretation of this Act;
Conduct audits of state election administration;
Recommend corrective actions; and
Refer violations to the Department of Justice for enforcement.

(c) State Cooperation¶

States shall cooperate with Federal Election Commission oversight, providing requested data, documents, and access to election officials.

(d) Congressional Budget Office Cost Analysis¶

Within 180 days of enactment, the Congressional Budget Office shall prepare comprehensive cost estimates for this Act including:

Direct costs of House expansion and infrastructure;
Costs of enhanced compensation and benefits;
Implementation costs for new voting systems;
Administrative and operational costs;
Offsetting savings from reduced dysfunction and turnover; and
Long-term fiscal impacts over 30-year horizon.

(e) Electoral Science Office Coordination¶

(1) The Federal Election Commission shall coordinate with the Electoral Science Office established under Section 409 on all matters relating to voting method technical specifications, including:

1. Implementation of approved modifications to adjustable parameters;
2. Updates to STAR-PR certification requirements;
3. Technical assistance to states on voting method implementation; and
4. Data sharing for technical review purposes.

(2) Within 180 days of the establishment of the Electoral Science Office, the Federal Election Commission and the Electoral Science Office shall enter into a memorandum of understanding governing the matters specified in Section 409(j)(3).

(3) Nothing in this subsection shall be construed to limit the independent authority of the Electoral Science Office under Section 409.

Section 702. Annual Reporting Requirements¶

(a) Federal Election Commission Report¶

The Federal Election Commission shall submit an annual report to Congress and the President on:

Implementation progress for all titles;
State compliance with federal standards;
Challenges and barriers to implementation;
Recommendations for technical corrections or improvements;
Data on ballot access, party recognition, and electoral outcomes;
Effectiveness of voter education programs; and
Technology and security assessments.

(b) Government Accountability Office Report¶

Every two years, the Government Accountability Office shall evaluate:

Cost-effectiveness of reforms;
Impact on representation quality;
Electoral competition metrics;
Voter satisfaction and turnout;
Institutional capacity and functionality; and
Recommendations for adjustments.

(c) Public Availability¶

All reports required by this section shall be made publicly available online within 30 days of submission to Congress.

Section 703. Judicial Review and Private Right of Action¶

(a) Federal Jurisdiction¶

Federal district courts shall have original jurisdiction over cases arising under this Act, with appeals to the appropriate circuit court and Supreme Court.

(b) Expedited Procedures¶

Courts shall expedite cases challenging implementation of this Act, particularly cases filed in election years that could affect upcoming elections.

(c) Standing¶

Any of the following shall have standing to bring suit under this Act:

Qualified voters in affected jurisdictions;
Candidates for federal office;
Federally recognized political parties;
State or local governments challenging federal standards; and
The Attorney General or state attorneys general.

(d) Attorney's Fees¶

Prevailing parties in suits under this Act shall be entitled to reasonable attorney's fees and costs.

Section 704. Transition Support Office¶

(a) Establishment¶

The Election Assistance Commission shall establish a Transition Support Office to:

Coordinate federal assistance to states implementing this Act;
Provide technical guidance on STAR-PR, redistricting, and ballot design;
Develop best practices and model procedures;
Facilitate information sharing among states;
Administer grant programs under Section 609; and
Monitor implementation timelines and milestones.

(b) Staffing and Resources¶

The Office shall be provided adequate staff, resources, and technology to fulfill its mission, with staffing levels and funding to scale with implementation phases.

(c) Duration¶

The Office shall remain in operation until full implementation of all provisions of this Act is complete (approximately 25-30 years after enactment), after which its functions may be absorbed into regular Election Assistance Commission operations.

Section 705. Protection Against Repeal or Defunding¶

(a) Supermajority Requirement for Compensation Reductions¶

Once any compensation mechanism in Title VI takes effect, it may not be reduced, eliminated, or defunded except by a three-fifths vote of both the House and Senate.

(b) Severability Protection¶

If any provision of this Act is held invalid, all compensation mechanisms that have already taken effect shall remain in force regardless of whether the corresponding reform provision remains operational.

(c) Anti-Retaliation¶

No member of Congress shall face reduction in salary, benefits, committee assignments, or other privileges based on their vote for or against this Act.

END OF TITLE VII

TITLE VIII: GENERAL PROVISIONS¶

Section 801. Severability¶

If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected.

Specifically, if any reform title (Titles I-IV) is held invalid:

All compensation mechanisms in Title VI that have already taken effect shall remain in force;
Other valid reform titles shall continue to operate;
Enforcement provisions in Title VII shall continue to apply to all valid provisions.

Section 802. Constitutional Supremacy¶

Nothing in this Act shall be construed to supersede or modify any provision of the Constitution of the United States. To the extent any provision of this Act conflicts with constitutional requirements, the Constitution shall prevail.

Section 803. Rules of Construction¶

(a) Liberal Construction¶

This Act shall be liberally construed to achieve its purposes of restoring competitive, representative democracy.

(b) No Inference of Authority¶

Nothing in this Act shall be construed as granting Congress authority it does not otherwise possess under the Constitution.

(c) State Authority Preserved¶

Except where expressly preempted by this Act, states retain authority over election administration, ballot design, and other matters within their traditional purview.

Section 804. Effective Date and Temporal Definitions¶

(a) Tiered Effective Date Structure¶

This Act uses a tiered effective date structure to ensure simultaneous integrated launch of electoral reforms while delivering immediate benefits to members:

Tier 1 (Immediate upon Enactment): Titles VI (Compensation, Transition, and Implementation), VII (Enforcement and Reporting), and VIII (General Provisions) take effect upon the date of enactment.
Tier 2 (First FEMA Election): Titles I (Federal Ballot Access Standards), II (Federal Party Recognition), III (House Membership Expansion), and IV (Multi-Member Districts and STAR Voting) take effect as of the First FEMA Election.
Tier 3 (Second FEMA Election): Title V (Non-Qualifying Federal Office Examinations) takes effect as of the Second FEMA Election.

(b) Temporal Definitions¶

For purposes of this Act, the following temporal terms are defined:

"Immediate Effective Date": The date of enactment, or if enacted after the convening of a Congress, the date of convening of the next Congress, whichever provides incumbent members the benefits of Title VI sooner.
"First FEMA Election": The first regularly scheduled general election for Congress at which the provisions of Titles I, II, III, and IV of this Act take effect, determined as follows: it shall be the second regularly scheduled general election for Congress occurring after the date of enactment, except that if such second election occurs less than eighteen (18) months after enactment, the First FEMA Election shall instead be the third regularly scheduled general election for Congress occurring after the date of enactment.
"Second FEMA Election": The first regularly scheduled general election for Congress occurring after the First FEMA Election.
"Transition Cycle 1": The First FEMA Election (corresponding to Title IV, Section 402(a)).
"Full Implementation": The fifth congressional election following Transition Cycle 1 (corresponding to Title IV, Section 402(a)).

(c) Calendar Year References¶

Where this Act references calendar years (e.g., "January 1 of the election year"), such references shall be construed relative to the applicable election cycle and shall adjust automatically based on when the Act takes effect.

(d) Census Data and Apportionment¶

For purposes of House expansion and reapportionment under this Act:

Census Independence: House expansion timing under Title III operates on the schedule established in Section 301 (initial expansion at First FEMA Election, biennial increases thereafter) and is independent of decennial census timing.
Apportionment Data Source: When House expansion occurs, apportionment among states shall use population data from the most recently completed decennial census, as provided in Title III, Section 301(e).
Mid-Cycle Adjustments: For biennial expansions occurring between decennial censuses, states shall redistrict based on available census data, recognizing that population distributions may have shifted since the most recent census.

Section 805. Short Title Usage¶

This Act may be cited as the "Federal Elections Modernization Act" or "FEMA."

Section 806. Additional Definitions¶

For purposes of this Act, in addition to temporal definitions provided in Section 804(b):

(a) Electoral Science Office¶

"Electoral Science Office" or "ESO" means the independent agency established under Section 409(a) responsible for ongoing evaluation of voting method performance, research into technical improvements, and development of proposed modifications to adjustable parameters.

(b) Statutory Principles¶

"Statutory principles" means the normative commitments specified in Section 409(c)(1) that define the democratic principles the voting methods must satisfy. Statutory principles may not be modified except by Act of Congress. The ESO has no authority to propose or implement modifications to statutory principles.

(c) Protected Design Elements¶

"Protected design elements" means the core design choices specified in Section 409(d)(1) that anchor the voter experience and system architecture. The ESO may propose modifications to protected design elements, but such modifications require affirmative Congressional approval via joint resolution as specified in Section 409(h)(1).

(d) Adjustable Parameters¶

"Adjustable parameters" means the technical specifications of STAR and STAR-PR voting methods specified in Section 409(e)(1) that may be modified through the technical review process established in Section 409, including quota calculation formulas, reweighting methodology, seat allocation sequences, tie-breaking procedures, rounding and remainder handling, and audit and verification protocols. Modifications to adjustable parameters take effect unless Congress enacts a joint resolution of disapproval as specified in Section 409(h)(2).

(e) Quota¶

"Quota" means the unit of ballot weight allocated per seat under STAR-PR, representing the total amount of ballot weight reduced across all affected ballots in each allocation round. The initial quota formula is specified in Section 404(g)(2). The quota calculation formula is an adjustable parameter under Section 409(e)(1).

(f) Technical Modification¶

"Technical modification" means any change to protected design elements or adjustable parameters proposed by the Electoral Science Office and approved through the processes established in Section 409(h).

END OF TITLE VIII

LEGISLATIVE NOTES (Non-Statutory)¶

Summary of Integration¶

This Act integrates five previously separate electoral reforms:

CASA (Candidate Access and Standards Act) -> Title I
PREA (Party Recognition and Endorsement Act) -> Title II
RARA (Representative Access Restoration Act) -> Title III
ERREA (Electoral Reform and Representation Enhancement Act) -> Title IV
FCAO (Federal Candidate Assessment Office) -> Title V

All components work synergistically to restore competitive, representative democracy.

Key Innovation: Title VI Compensation Mechanisms¶

The critical innovation in FEMA is Title VI: Transition, Compensation, and Implementation, which addresses the fundamental political economy problem facing electoral reforms: incumbents must vote away their own advantages.

Tier 1 -- Immediate Provisions (take effect upon enactment):

Phased salary increases ($189,200/$199,200 rising to $250,000/$300,000 over 5 years)
Enhanced pension formula (2.5% accrual rate vs 1.7%)
Professional development allowance (5% of salary: $12,500 House / $15,000 Senate)
Senate appointment authority streamlined
Election administration funding

Tier 2 -- First FEMA Election Provisions:

Enhanced MRA (35% increase, Title III Section 303)
Multi-member district transition begins (Title IV)
Public matching funds available (6:1 for donations under $200)

This structure ensures members receive substantial immediate benefits while democratic reforms launch at the First FEMA Election as an integrated system, aligning individual incentives with systemic reform objectives.

FCAO: Independent Agency Model¶

Title V establishes FCAO as a permanent independent agency following the Federal Reserve/SEC model:

Political Resilience Structure: - Multi-branch appointment (President, Chief Justice, House Speaker, Senate Majority Leader) - Staggered 6-year terms preventing single-faction control - Supermajority removal protections (6 of 9 votes required) - Independent funding through examination fees - Professional expertise requirements and partisan balance

Institutional Durability: - Once established with this structure, FCAO becomes politically entrenched - Like the Fed, independent agencies with multi-branch appointments are rarely dismantled - Independent funding insulates from appropriations politics - Stakeholder ecosystem (testing industry, state officials, civic groups) resists destabilizing changes

Non-Qualifying Principle Protection: - Inviolable transparency mandate: no minimum scores required - Highest score reporting encourages improvement - Automatic invalidity of qualification systems - Mandatory preliminary injunctions for violations - Congressional enforcement authority with civil and criminal penalties

This permanent structure provides immediate, durable institutional infrastructure comparable to other independent regulatory agencies.

Cost-Benefit Framework¶

Title VII, Section 701(d) requires CBO to prepare comprehensive cost estimates including offsetting savings. The findings acknowledge substantial upfront costs while emphasizing long-term savings from:

Reduced legislative turnover
Improved policy consistency
Decreased dysfunction and gridlock
Diminished revolving-door corruption
Enhanced economic growth from functional governance

Political Viability Strategy¶

FEMA's structure addresses the "turkey voting for Thanksgiving" problem through:

Immediate, universal benefits to all incumbents regardless of party
Gradual implementation of electoral reforms (phased over multiple election cycles)
Transition protections allowing incumbents to adjust to new systems
Senate protections and enhancements to secure bicameral support
Durable provisions protected by supermajority requirement for repeal

This approach transforms democratic reform from political suicide into rational self-interest, making passage politically feasible while maintaining policy integrity.

Implementation Timeline Overview¶

The implementation timeline uses a tiered structure with two key trigger elections:

Tier 1 -- Immediate upon Enactment: - Title VI (Compensation): Phased salary increases begin immediately - Title VII (Enforcement): FEC and DOJ authority established - Title VIII (General Provisions): Definitions and administrative framework operative - Planning and preparation for electoral reforms begin

Tier 2 -- First FEMA Election (second general election after enactment, 18-month minimum): - Title I (Ballot Access): Uniform federal standards take effect - Title II (Party Recognition): Joint Endorsement Lists implemented - Title III (House Expansion): Initial expansion to 510 seats - Title IV (Electoral Reform): STAR voting and multi-member district transition begins - All electoral reforms launch simultaneously as an integrated system

Tier 3 -- Second FEMA Election (first general election after First FEMA Election): - Title V (FCAO): Examination requirements take effect - Ballots include FCAO score designations for the first time

Ongoing -- Biennial Expansion: - House increases by 35 seats every two years after First FEMA Election - Cube root compliance (~720 seats) achieved approximately 14 years after enactment

Example Timeline (assuming early 2026 enactment): - 2026: Enactment; Title VI/VII/VIII immediate; preparation begins - November 2028: First FEMA Election; Titles I-IV take effect; House expands to 510 - November 2030: Second FEMA Election; Title V (FCAO) takes effect; House at 545 - November 2032: House at 580 - November 2040: Cube root compliance (~720 seats)

This accelerated timeline ensures reform on a human timescale -- members who vote for FEMA will see results during their careers, and voters will experience tangible improvements in representation quality within a single political generation.

Unified General Election Structure¶

Revision 1.4 introduced differentiated primary structures (nonpartisan primaries for single-member districts, no primaries for multi-member districts). Revision 4.2 unifies all federal elections under a single general election structure:

All Federal Offices: Qualified candidates appear directly on the general election ballot without state-administered primaries. STAR voting's scoring mechanism ensures winners have broad support, making the primary's traditional filtering function redundant.

Party Autonomy Preserved: Political parties retain full authority to conduct internal nomination processes -- caucuses, conventions, advisory polls -- at their own expense and independent of state election infrastructure. Joint Endorsement Lists provide a streamlined mechanism for parties to signal preferred candidates to voters.

Core Principles: - Let STAR do the work: The scoring mechanism identifies broadly supported winners from any reasonable candidate field - Consistency of voter experience: Every federal election works the same way -- show up in November, score candidates, done - Administrative efficiency: One election instead of two reduces costs, shortens campaign cycles, and maximizes voter participation

Federal Candidate Assessment Office (FCAO)¶

Revision 1.4 introduced mandatory examination requirement; Revision 1.6 rebranded to FCAO and enhanced framework; Revision 1.7 established FCAO as permanent independent agency; Revision 1.8 reorganizes FCAO as standalone Title V; Revision 4.0 decouples FCAO launch from other electoral reforms:

Core Principles: - Non-qualifying nature: No minimum score required; candidates scoring 0% may still serve - Office-specific rigor: Time-based examinations (2/4/8 hours) calibrated to office responsibility - Transparency mechanism: Scores displayed on ballots as "House/Senate/Presidential FCAO Score" - Professional standards: Psychometric rigor, unlimited retakes with highest score reporting, year-round availability

Implementation Timing (Rev 4.0): - Agency establishment: Begins immediately upon enactment - Exam development: Completed 18 months before Second FEMA Election - Administration opens: 12 months before Second FEMA Election - First FEMA Election: Candidates exempt; no FCAO scores on ballots - Second FEMA Election: Full FCAO requirements take effect

This decoupled timeline ensures adequate runway for exam validation and psychometric certification without delaying core electoral reforms.

Agency Structure: - 9-member Commission with multi-branch appointments (President, Chief Justice, House Speaker, Senate Majority Leader) - Staggered 6-year terms with supermajority removal protections - Independent funding through examination fees after startup period - Professional governance with psychometric expertise requirements

Examination Administration: - Contracts with professional testing organizations - Nationwide testing center network plus online proctoring - Comprehensive accommodations for disabilities - Rigorous security protocols - Score turnaround within Commission-established timeframes

Oversight and Accountability: - Annual GAO audits of validity, fairness, and administration - Quarterly public Commission meetings - Transparent operations with public practice materials - Inviolable non-qualifying principle with robust enforcement

Constitutional Authority: Elections Clause supports disclosure requirements as part of regulating "manner of holding elections"

FCAO complements ballot access reform by lowering financial barriers while providing voters with objective, professionally-validated competence indicators.

Relationship to Constitutional Amendment¶

The constitutional amendment remains a separate, optional enhancement that would:

Modernize qualification requirements (age/citizenship/residency structure: 5/5, 10/10, 15/15)
Add public service requirements for Senate (2,000 hours) and President (2,000 hours)
Eliminate natural-born citizen requirement for President
Optionally constitutionalize examination requirement with brief language delegating details to Congress

Current Structure:

FCAO operates via statute (Title V of FEMA)
Examinations function under Elections Clause authority as transparency mechanism
Independent agency provides political resilience without constitutional status
Constitutional amendment would provide maximum protection but is not necessary for FCAO to operate

Strategic Approach:

Pass FEMA with FCAO as statutory independent agency
Let examinations prove value over 5-10 years
Build stakeholder support and demonstrate effectiveness
Consider constitutional enshrinement if desired for maximum permanence

The Fed model demonstrates that statutory independent agencies with proper structure can be more durable than many constitutional provisions.

Revision History¶

Revision 5.0 (Current)

Renamed from "Congressional Modernization Act (CMA)" to "Federal Elections Modernization Act (FEMA)"
Updated subtitle from "A Framework for Stable, Effective, and Representative Governance" to "An Electoral and Congressional Modernization Framework for a Stronger Republic"
All references to "CMA" changed to "FEMA" throughout document
Defined terms "First CMA Election" and "Second CMA Election" renamed to "First FEMA Election" and "Second FEMA Election" respectively
Removed "Restoring Competition to American Elections Act" alternate citation from Section 805 (retained in revision history only)
No substantive policy changes from Rev 4.3
Naming change only: Frees "Congressional Modernization Act" for use as umbrella framework encompassing FEMA and companion legislation (Office of Congressional Procedure Act); "Federal Elections Modernization Act" more accurately describes the Act's electoral focus while the subtitle acknowledges the full scope of electoral and congressional reforms

Revision 4.3 (Previous)

Section 404(g) rewritten: Accurate Allocated Score specification replacing inaccurate SPAV-derived language; establishes required properties before tabulation procedure; specifies Hare quota as initial default (adjustable parameter under Section 409)
Section 404(g) mojibake corrected: Encoded division symbol replaced with plain text per Document Production Manual encoding standards
Section 404(j) removed: SPAV contingency provision eliminated; binary approve/disapprove ballot contradicted immutable voter-facing guarantee of 0-5 star scoring; contingency scenario (state unable to implement AS tabulation software despite implementing identical STAR ballot scanning) assessed as vanishingly unlikely given voting equipment market structure; Section 408 general contingency provisions retained
Section 409 restructured: Binary "immutable/adjustable" framework replaced with three-tier graduated protection architecture:
Tier 1 (Statutory Principles): Normative commitments; ESO has no authority; modification requires Act of Congress
Tier 2 (Protected Design Elements): Core design choices; ESO may propose modifications; requires affirmative Congressional approval via joint resolution
Tier 3 (Adjustable Technical Parameters): Technical specifications; ESO may modify; Congress retains disapproval authority (unchanged from prior process)
Section 409(d)(1) item 1 updated: "Threshold of votes required for guaranteed seat allocation" replaced with "unit of ballot weight allocated per seat" to reflect actual quota function in Allocated Score
Section 806 updated: Definitions revised to reflect three-tier terminology; "quota" definition added
Rationale: Graduated protection calibrates the difficulty of changing each element to its significance within the statutory architecture; normative commitments that define the statute's purpose receive the highest protection; specific design choices that anchor the voter experience receive intermediate protection; technical parameters receive the lowest protection to enable expert-driven improvement; the word "immutable" retired as no statutory element is beyond Congressional amendment

Revision 4.2 (Previous)

Unified General Election Structure (UGES): Establishes single general elections as the universal standard for all federal offices, eliminating state-administered primaries
Section 404(d) replaced: "Nonpartisan Primary Elections for Single-Member Districts" becomes "Unified General Election Structure" covering all House, Senate, and Presidential elections
Section 404(f) replaced: "No Primary Requirement for Multi-Member Districts" becomes "Multi-Member District Election Procedures" aligned with unified framework
Section 404(e) updated: Removed primary election reference from STAR-SMD application list
Section 404(i) updated: FEC certification specifications now reference general elections only
Section 606(b) updated: Matching fund spending limits revised to reflect single general election structure
Party autonomy preserved: Political parties retain full authority to conduct internal nomination processes at their own expense, independent of state election infrastructure
Constitutional rationale: Exercises Elections Clause authority to establish uniform national standards; separates party processes from state-administered elections without prohibiting party activity
Rationale: STAR voting's scoring mechanism ensures winners have broad support, making the primary's traditional filtering function redundant; single general elections maximize voter participation, eliminate party registration barriers, reduce administrative costs, and ensure consistency of voter experience across all federal elections

Revision 4.1

Added Section 409: Electoral Science Office and Voting Method Technical Review
Established ESO as independent agency for ongoing evaluation of voting method performance
Created structured process for technical parameter modifications with Congressional review
Distinguished immutable voter-facing elements from adjustable technical parameters
Added Section 701(e): FEC-ESO coordination requirements
Added Section 806: Additional definitions (ESO, adjustable parameters, immutable statutory elements, technical modification)
Substantive policy addition: Creates pathway for technical refinement of STAR-PR specifications while preserving democratic accountability

Revision 4.0

Fundamental implementation architecture redesign: Replaced 25-year three-phase expansion with accelerated simultaneous integrated launch delivering reform on a human timescale
New Section 301 (House Expansion Schedule): Initial expansion to 510 seats at First FEMA Election, followed by biennial +35 seat increases until cube root compliance (~14 years)
New definitions added to Title VIII: "First FEMA Election" (Titles I-IV trigger) and "Second FEMA Election" (Title V trigger) replace phase-based temporal definitions
Tiered effective date structure:
Titles VI, VII, VIII: Immediate upon enactment
Titles I, II, III, IV: First FEMA Election (second general election after enactment, 18-month minimum floor)
Title V (FCAO): Second FEMA Election with 18/12 month validation/administration deadlines
New Title V Section 505: FCAO effective date and implementation timeline with explicit First FEMA Election exemption
Replacement Finding #14: Updated ratios and timeline language; removed inaccurate phase references and seat counts
Section 302 updated: Infrastructure preparation timeline aligned with First FEMA Election trigger
Section 303 updated: MRA increase timing aligned with First FEMA Election
Title IV Section 402 updated: Transition Cycle definitions reference First FEMA Election
Title VIII Section 804 rewritten: New temporal definitions replace obsolete expansion date references
Rationale: Delivers reform on human timescale (three presidential terms to cube root compliance); ensures simultaneous integrated launch of STAR, MMD, and expansion to deliver "the new Congress" rather than "more of the same but bigger"; provides adequate runway for FCAO exam development without delaying core electoral reforms; honors Grand Bargain by delivering Title VI benefits immediately upon enactment

Revision 3.1

Deleted Section 609 (Federal Party Infrastructure Grants) -- removed to focus Title VI on direct member benefits rather than party-building subsidies; reduces federal spending commitment and potential constitutional concerns regarding compelled taxpayer support for political parties
Renumbered remaining Title VI sections: 610 -> 609, 611 -> 610, 612 -> 611
Updated cross-references in Section 610 (Implementation Timeline), Section 701 (FEC Enforcement), and Section 704 (Transition Support Office)
Net Title VI reduction: 11 sections (down from 12)

Revision 3.0

Major Changes:

Title VI Streamlining (Rev 2.1): Deleted 5 provisions, enhanced professional development, renumbered all sections
DELETED Section 602 (Automatic Incumbent Ballot Access) - removed to avoid "self-protecting" optics
DELETED former Section 605 (Leadership Term Limits) - constitutional concerns under Article I, Section 5
DELETED former Section 606 (Guaranteed Committee Assignments) - constitutional concerns
DELETED former Section 612 (Enhanced Franking Privileges) - political liability, ~$40-50M annual savings
DELETED former Section 613 (Regional Whip Structure) - political liability, better handled via chamber rules
ENHANCED Section 604 (Professional Development) from 4% to 5% of salary
- House: $10,000 -> $12,500 annually
- Senate: $12,000 -> $15,000 annually
- Added compensation-adjusted justification: matches private sector absolute dollars despite higher percentage
RENUMBERED all Title VI sections (603-616 -> 602-612)
UPDATED Section 607 (Senate-Specific Provisions) to remove deleted section references
UPDATED Section 611 (Implementation Timeline) to remove deleted provisions
Net cost reduction: ~$36-46M annually (~$1.1-1.4B over 30 years)
Result: 12 sections (down from 16), focused on high-ROI core provisions
FCAO Rebrand: Rebranded Federal Office of Candidate Competency of the United States (FOCCUS) to Federal Candidate Assessment Office (FCAO)
Updated 120+ references throughout all titles
Improved professional credibility, reduced "clever acronym" vulnerabilities
No substantive policy changes to examination structure or requirements
FCAO Commission (formerly FOCCUS Professional Standards Commission)
Cross-Reference Updates: Updated all Title VI section references in Titles IV, VII, and VIII

Substantive Policy Changes: - Title VI focused on essential high-ROI provisions: competitive compensation, enhanced MRA (Title III), pension security, and professional development exceeding industry standards - Removed politically vulnerable and constitutionally questionable provisions - Professional development is now the only Title VI provision exceeding industry standards, signaling priority on competence over compensation

Revision 2.0

Rebranded from "Restore Competitive Elections Act (RCEA)" to "Congressional Modernization Act (CMA)"
Updated subtitle from "Restoring Competitive, Representative Democracy" to "A Framework for Stable, Effective, and Representative Governance"
Updated tagline from "Restoring Competition to American Elections" to "Equipping Congress for the 21st Century"
All references to "RCEA" changed to "CMA" throughout document
Strategic reframing for primary voting audience (members of Congress)
No substantive policy changes from Rev 1.9 Revision 1.9
Revised Section 603 to implement phased compensation structure with Senate differential
House: $189,200 (Year 1) rising to $250,000 (Year 5)
Senate: $199,200 (Year 1) rising to $300,000 (Year 5)
$50,000 Senate differential reflects distinct constitutional responsibilities, statewide constituencies, and six-year terms
Phased implementation over five years provides gradual budget adjustment
Added Section 605: Professional Development and Continuing Education
4% of base salary ($10,000 House, $12,000 Senate)
Industry-standard percentage for executive professional development
Comprehensive qualifying activities (conferences, coursework, policy research, technical training)
Ethics office reporting and accountability measures
Deleted Section 605 (Leadership Term Limits): Unenforceable under Article I, Section 5 separation of powers
Deleted Section 606 (Guaranteed Committee Assignments): Unenforceable under Article I, Section 5 separation of powers
Renumbered Sections 607-616 to Sections 606-615 following deletions
Updated Section 608 (formerly 609): Senate-Specific Provisions to reflect new section numbers and include professional development
Updated Section 614 (formerly 615): Implementation Timeline Summary to remove deleted provisions and correct section references
Updated all cross-references in Title VII to reflect Title VI renumbering
Substantive policy changes: Strengthens political viability through realistic compensation structure and professional development benefit while removing unenforceable provisions that undermined credibility; maintains "keep it real" principle by only promising what can be delivered and enforced

Revision 1.8

Restructured Title organization to integrate FCAO as comprehensive Title V
Moved Federal Candidate Assessment Office (FCAO) from embedded sections to standalone Title V (Sections 501-504)
Renumbered former Title V (Compensation) to Title VI (Sections 601-616)
Renumbered former Title VI (Enforcement) to Title VII (Sections 701-705)
Renumbered former Title VII (General Provisions) to Title VIII (Sections 801-805)
Updated all cross-references throughout document to reflect new Title structure
Consolidated FCAO framework: Removed Sections 109-112 from Title I, replaced with complete Title V
Enhanced Title V with comprehensive agency structure, examination administration, and oversight provisions
Updated Findings Section 22 to reflect new Title structure
Maintained all substantive policy provisions from Rev 1.7 without changes to content
Organizational change only: Improves document clarity and gives FCAO appropriate prominence as major reform component

Revision 1.7

Integrated Federal Candidate Assessment Office (FCAO) as permanent independent agency
Replaced interim Review Board framework with permanent FCAO Commission
Established FCAO as independent agency with multi-branch appointment structure, staggered terms, and independent funding
Added comprehensive agency governance provisions (Section 110: FCAO Commission structure, Section 111: examination administration, Section 112: implementation and oversight)
Retained all examination requirements from Rev 1.6 (non-qualifying principle, highest score reporting, recertification schedules, content standards)
Updated Section 109 to reference permanent FCAO administration rather than interim framework
Removed Section 109(j) interim provisions (superseded by permanent agency structure in Sections 110-112)
Substantive policy changes: Creates permanent, politically resilient institutional infrastructure for competency transparency; follows Federal Reserve/SEC model for independent agency insulation from political pressure

Revision 1.6

Rebranded Federal Office Civics Exam (FOCE) to Federal Office Qualifications of the United States (FCAO) Examinations
Adopted FE abbreviation (House FE, Senate FE, Presidential FE) aligned with constitutional amendment framework
Replaced fixed question-count structure with time-based examination rigor (2/4/8 hours) calibrated to office responsibility
Enhanced examination content requirements with professional psychometric standards
Extended candidate completion window from 60 to 90 days before filing deadline
Changed retake policy from single retake to unlimited retakes with most recent score reported
Added 7-day score turnaround requirement and year-round examination availability
Enhanced interim Review Board with multi-branch appointment structure paralleling constitutional Commission
Strengthened non-qualifying principle with inviolable status and judicial enforcement mechanisms
Added comprehensive transition provisions for handoff to constitutional Commission
Updated ballot disclosure format to office-specific designations ("House FCAO Score" vs. generic "Federal Civics Score")
Substantive policy changes: Improves examination validity, candidate accessibility, and governance oversight while maintaining non-qualifying transparency principles

Revision 1.5

Added Section 109(j): Interim administration framework for federal office examinations pending constitutional Commission establishment
Explicitly preserved non-qualifying nature of examinations during interim period through inviolable principle statement
Established temporary Federal Election Competency Review Board structure with political balance requirements
Added transition provisions for examination continuity and Commission handoff
Substantive policy change: Ensures examination transparency principle cannot be undermined during transition to constitutional framework

Revision 1.4

Added nonpartisan top-five primary structure for single-member House districts (Section 404(d))
Eliminated primary requirement for multi-member districts (Section 404(f))
Added Federal Office Civics Exam (FOCE) requirement for all federal candidates (new Section 109)
Added Finding 11 addressing primary extremism and candidate competence transparency
Substantive policy changes: Implements primary reform and mandatory civics assessment for ballot access

Revision 1.3

Changed House expansion schedule from census-triggered to fixed intervals (5/10/10 years after enactment)
Updated Section 301(a): House expansions now occur 5, 15, and 25 years after enactment
Updated Section 704(b): Temporal definitions now use fixed intervals instead of census timing
Modified Section 704(d): Census data used for apportionment but not timing trigger
Substantive policy change: Accelerates first expansion and ensures 25-year total timeline regardless of enactment date

Revision 1.2

Added Finding 24: Consistent voter experience and institutional learning benefits of universal STAR voting
Added Section 404(j): Limited contingency procedures for STAR-PR certification delays
No substantive policy changes from Rev 1.1

Revision 1.1

Converted all hard-coded calendar dates to relative temporal references based on enactment date
Updated implementation timeline language throughout to be enactment-agnostic
Standardized temporal definitions in Section 704 (Effective Date and Temporal Definitions)
No substantive policy changes from Rev 1.0

Revision 1.0

Rebranded from "Representation and Electoral Choice Act (RECA)" to "Restore Competitive Elections Act (RCEA)"
Updated all references to reflect competitive elections framing
New tagline: "Restoring Competition to American Elections"
No substantive policy changes from RECA Rev-1.2
Previous development history under RECA name:
RECA Rev-1.2: Added Section 404(e) for single/two-member state voting methods
RECA Rev-1.0: Initial integrated version combining CASA, PREA, RARA, and ERREA
Previous development history available in project archives

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Prepared by Albert Ramos for The American Policy Architecture Institute