Rep. W. NEWTON proposes the following Amendment No. to H.4100 as passed by the House of Representatives

(Doc Name COUNCIL\DG\4100C029.NBD.DG21.DOCX):

EXPLANATION:

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 525, after line 28, by adding an appropriately numbered paragraph to read:

/ (GP: Actions on Election Law) (A) The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have an unconditional right to intervene on behalf of their respective bodies in a state court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.

(B) In a federal court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted, the President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have standing to intervene as a party on behalf of their respective bodies, to file an amicus brief, or to provide evidence or argument, written or oral, in accordance with the federal rules of procedure, irrespective of whether any other officer of the State has appeared in the action.

(C) A federal court presiding over an action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted is requested to allow the President, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, to intervene in any such action as a party.

(D) The State Election Commission and the Attorney General must notify the President of the Senate and the Speaker of the House of Representatives within twenty-four hours of the receipt of service of a complaint that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.

(E) In any action in which the Senate or the House of Representatives intervenes or participates pursuant to this proviso, the Senate and the House of Representatives must function independently from each other in the representation of their respective bodies, unless otherwise agreed to by the President of the Senate and the Speaker of the House of Representatives.

(F) The Senate and House of Representatives may expend funds appropriated in this act to exercise the unconditional right set forth in subsection (A) and to sustain any other action set forth in this proviso. No county election commision may accept or expend any funds other than public funds to prepare for or to conduct elections. /

Amend totals and titles to conform.