The "Business Over Ballots Act" prohibits the Small Business Administration from facilitating voter registration efforts unless explicitly authorized by federal law.
Roger Williams
Representative
TX-25
The "Business Over Ballots Act" aims to prevent the Small Business Administration (SBA) from engaging in voter registration activities. It restricts the SBA Administrator from taking actions to facilitate voter registration unless explicitly authorized by federal law, and prohibits recipients of SBA assistance from using funds for voter registration purposes. The bill asserts that supporting voter registration is outside the SBA's mission and legal authority.
This bill, titled the "Business Over Ballots Act," aims to draw a clear line around the Small Business Administration's (SBA) duties, specifically preventing it from engaging in activities that help people register to vote. The core idea, as stated in Section 2, is that Congress believes the SBA should stick to its knitting – supporting small businesses – and that voter registration isn't part of that job description. It explicitly prohibits the SBA Administrator from using agency resources or directing partners to facilitate voter registration unless a separate federal law gives the green light.
The main thrust of Section 3 is putting up guardrails. It states the SBA Administrator can't initiate actions to "facilitate access to voter registration" without explicit authorization from Congress. What does "facilitate access" mean? The bill doesn't precisely define it, which could cover anything from handing out forms at SBA events to partnering with voter registration groups. This restriction extends to organizations or local governments receiving SBA funds or assistance – they're labeled "covered entities." If you get help from the SBA, you generally can't use that assistance for voter registration efforts.
So, how does this play out? Imagine a local Small Business Development Center (SBDC), which often receives SBA funding. Under this bill, they likely couldn't host a voter registration drive or use SBA grant money to print informational flyers about registering. The bill requires any new contracts or agreements the SBA makes to include clauses banning the use of funds for voter registration. Existing recipients are also told they can't use current assistance for these purposes unless specifically allowed. There's a notable exception, though: the restriction on being asked by the SBA to facilitate registration doesn't apply to entities just receiving a loan or loan guarantee under Section 7 of the Small Business Act (like the popular 7(a) loans). This means a business with an SBA loan isn't restricted by this specific clause in the same way a grant recipient might be.
Essentially, the bill centralizes the decision-making power with Congress. Any future SBA involvement in voter registration would require a specific act of Congress, not just an administrative decision or interpretation of the SBA's mission. It also puts the onus on organizations partnering with the SBA to ensure their activities steer clear of voter registration facilitation if using SBA resources. The practical effect is likely fewer touchpoints where citizens might encounter voter registration opportunities through SBA-affiliated programs or partners.