Division B — Election Integrity

S. 1 · 118th Congress · Jul 25, 2023 · Lineage

B Election Integrity

II Prohibiting Interference With Voter Registration

Sec. 2001 Prohibiting hindering, interfering with, or preventing voter registration

(a)

In general— Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section:

“612. Hindering, interfering with, or preventing registering to vote

“(a) Prohibition—It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote.

“(b) Attempt—Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.

“(c) Penalty—Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.”

(b)

Clerical amendment— The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item:

(c)

Effective Date— The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act.

Sec. 2002 Establishment of best practices

(a)

Best practices— Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2001), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(b)

Inclusion in voter information requirements— Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended—

(1)

by striking “and” at the end of subparagraph (E);

(2)

by striking the period at the end of subparagraph (F) and inserting “; and”; and

(3)

by adding at the end the following new subparagraph:

“(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.”

III Preventing Election Subversion

A Restrictions on Removal of Election Administrators

Sec. 3001 Restrictions on removal of local election administrators in administration of elections for Federal office

(a)

Findings— Congress makes the following findings:

(1)

Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials.

(2)

The Elections Clause was understood from the framing of the Constitution to contain “words of great latitude”, granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to “insure free and fair elections”, promote the uniform administration of Federal elections, and “preserve and restore to the people their equal and sacred rights of election”.

(3)

In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any “abuses that might be made of the discretionary power” to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to “protect the elections on which its existence depends”, Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and “protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself”, id. at 666.

(4)

The Elections Clause grants Congress “plenary and paramount jurisdiction over the whole subject” of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement “a complete code for congressional elections”. Smiley v. Holm, 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at 366–67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997).

(5)

The phrase “manner of holding elections” in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including “notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns”. Smiley v. Holm, 285 U.S. 355, 366 (1932).

(6)

The Supreme Court has recognized the broad “substantive scope” of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting.

(7)

The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. “[I]f Congress has the power to make regulations, it must have the power to enforce them.”. Ex parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387–88.

(8)

The fair and impartial administration of Federal elections by State and local officials is central to “the successful working of this government”, Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to “protect the act of voting . . . and the election itself from corruption or fraud”, id. at 661–62.

(9)

The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections.

(10)

In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders.

(11)

In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation.

(12)

Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections.

(13)

The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections.

(b)

Restriction—

(1)

Standard for removal of a local election administrator— A statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for inefficiency, neglect of duty, or malfeasance in office.

(2)

Private right of action—

(A)

In general— Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding.

(B)

Statute of limitations— Any action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office.

(3)

Attorney’s fees— In any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement.

(4)

Removal of State proceedings to Federal court— A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise.

(5)

Right of United States to intervene—

(A)

Notice to Attorney General— Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General.

(B)

Right to intervene— The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4).

(6)

Review— In reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator.

(c)

Reports to the Department of Justice—

(1)

In general— Not later than 30 days after the suspension, removal, or relief of the duties of a local election administrator by a statewide election administrator, the statewide election administrator shall submit to the Assistant Attorney General for the Civil Rights Divisions of the Department of Justice a report that includes the following information:

(A)

A statement that a local election administrator was suspended, removed, or relieved of their duties.

(B)

Information on whether the local election administrator was determined to be inefficient or to have engaged in neglect of duty or malfeasance in office.

(C)

A description of the effect that the suspension, removal, or relief of the duties of the local election administrator will have on—

(i)

the administration of elections and voters in the election jurisdictions for which the local election official provided such duties; and

(ii)

the administration of elections and voters in the State at large.

(D)

Demographic information about the local election official suspended, removed, or relieved and the jurisdictions for which such election official was providing the duties suspended, removed, or relieved.

(E)

Such other information as requested by the Assistant Attorney General for the purposes of determining—

(i)

whether such suspension, removal, or relief of duties was based on unlawful discrimination; and

(ii)

whether such suspension, removal, or relief of duties was due to inefficiency, neglect of duty, or malfeasance in office.

(2)

Expedited reporting for actions within 30 days of an election—

(A)

In general— If a suspension, removal, or relief of duties of a local administrator described in paragraph (1) occurs during the period described in subparagraph (B), the report required under paragraph (1) shall be submitted not later than 48 hours after such suspension, removal, or relief of duties.

(B)

Period described— The period described in this subparagraph is any period which begins 60 days before the date of an election for Federal office and which ends 60 days after such election.

(d)

Definitions— In this section, the following definitions apply:

(1)

Election— The term election has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)).

(2)

Federal office— The term Federal office has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3)).

(3)

Local election administrator— The term local election administrator means, with respect to a local jurisdiction in a State, the individual or entity responsible for the administration of elections for Federal office in the local jurisdiction.

(4)

Statewide election administrator— The term statewide election administrator means, with respect to a State—

(A)

the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or

(B)

a statewide legislative or executive entity with the authority to suspend, remove, or relieve a local election administrator.

(e)

Rule of construction— Nothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State.

B Increased Protections for Election Workers

Sec. 3101 Harassment of election workers prohibited

(a)

In general— Section 594 of title 18, United 6 States Code, is amended—

(1)

by striking “Whoever intimidates” and inserting the following:

“(a) In general—Whoever intimidates”

(2)

by adding at the end the following new subsection:

“(b) Intimidation of election workers

“(1) In general—Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, coerce, any election worker with intent to impede, intimidate, or interfere with such election worker while engaged in the performance of official duties, or with intent to retaliate against such election worker on account of the performance of official duties shall be fined under this title or imprisoned not more than one year, or both

“(2) Election worker—For purposes of paragraph (1), the term election worker means any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office.”

(b)

Conforming amendments—

(1)

The heading of section 594 of title 18, United States Code, is amended by inserting “and election workers” after “voters”.

(2)

The item relating to section 594 in the table of sections for chapter 29 of title 18, United States Code, is amended by inserting “and election workers” after “voters”.

Sec. 3102 Protection of election workers

(a)

In general— Section 594(b) of title 18, United States Code, as amended by section 3101, is amended—

(1)

by redesignating paragraph (2) as paragraph (3); and

(2)

by inserting after paragraph (1) the following new paragraph:

“(2) Prohibition on publication of personal information—Whoever knowingly makes restricted personal information about an election worker, or a member of the immediate family of that election worker, publicly available in connection with such election worker’s official duties—

“(A) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker; or

“(B) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker,”

(b)

Definitions— Paragraph (3) of section 594(b) of title 18, United States Code, as amended by section 3101 and redesignated by subsection (a), is amended—

(1)

by striking all that precedes “term” and inserting the following:

“(3) Definitions—For purposes of this subsection—

“(A) Election worker—The”

(2)

by adding at the end the following:

“(B) Other terms—The terms restricted personal information, crime of violence, and immediate family have the respective meanings given such terms under section 119.”

C Prohibiting Deceptive Practices and Preventing Voter Intimidation

Sec. 3201 Short title

This subtitle may be cited as the “Deceptive Practices and Voter Intimidation Prevention Act of 2023”.

Sec. 3202 Prohibition on deceptive practices in Federal elections

(a)

Prohibition— Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended—

(1)

by striking “No person” and inserting the following:

“(1) In general—No person”

(2)

by inserting at the end the following new paragraphs:

“(2) False statements regarding Federal elections

“(A) Prohibition—No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person—

“(i) knows such information to be materially false; and

“(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5).

“(B) Information described—Information is described in this subparagraph if such information is regarding—

“(i) the time, place, or manner of holding any election described in paragraph (5); or

“(ii) the qualifications for or restrictions on voter eligibility for any such election, including—

“(I) any criminal, civil, or other legal penalties associated with voting in any such election; or

“(II) information regarding a voter's registration status or eligibility.

“(3) False statements regarding public endorsements

“(A) Prohibition—No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person—

“(i) knows such statement to be false; and

“(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5).

“(B) Definition of materially false—For purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)—

“(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and

“(ii) such person, political party, or organization has not endorsed the election of such candidate.

“(4) Hindering, interfering with, or preventing voting or registering to vote—No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government.

“(5) Election described—An election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.”

(b)

Private right of action—

(1)

In general— Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended—

(A)

by striking “Whenever any person” and inserting the following:

“(1) In general—Whenever any person”

(B)

by adding at the end the following new paragraph:

“(2) Civil action—Any person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.”

(2)

Conforming amendments— Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended—

(A)

in subsection (e), by striking “subsection (c)” and inserting “subsection (c)(1)”; and

(B)

in subsection (g), by striking “subsection (c)” and inserting “subsection (c)(1)”.

(c)

Criminal penalties—

(1)

Deceptive acts— Section 594 of title 18, United States Code, as amended by sections 3101 and 3102, is amended—

(A)

in subsection (a), by striking “at any election” and inserting “at any general, primary, runoff, or special election”; and

(B)

by adding at the end the following new subsections:

“(c) Deceptive acts

“(1) False statements regarding Federal elections

“(A) Prohibition—It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (f), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person—

“(i) knows such information to be materially false; and

“(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (f).

“(B) Information described—Information is described in this subparagraph if such information is regarding—

“(i) the time or place of holding any election described in subsection (e); or

“(ii) the qualifications for or restrictions on voter eligibility for any such election, including—

“(I) any criminal, civil, or other legal penalties associated with voting in any such election; or

“(II) information regarding a voter's registration status or eligibility.

“(2) Penalty—Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.

“(d) Hindering, interfering with, or preventing voting or registering To vote

“(1) Prohibition—It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (f).

“(2) Penalty—Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.

“(e) Attempt—Any person who attempts to commit any offense described in subsection (c)(1) or (d)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.

“(f) Election described—An election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.”

(2)

Modifications to penalty for voter and election worker intimidation— Section 594(a) of title 18, United States Code, as amended by this Act, is amended by striking “fined under this title or imprisoned not more than one year” and inserting “fined not more than $100,000, imprisoned for not more than 5 years”.

(3)

Sentencing guidelines—

(A)

Review and amendment— Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section.

(B)

Authorization— The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.

(4)

Payments for refraining from voting— Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking “either for registration to vote or for voting” and inserting “for registration to vote, for voting, or for not voting”.

Sec. 3203 Corrective action

(a)

Corrective action—

(1)

In general— If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information.

(2)

Communication of corrective information— Any information communicated by the Attorney General under paragraph (1)—

(A)

shall—

(i)

be accurate and objective;

(ii)

consist of only the information necessary to correct the materially false information that has been or is being communicated; and

(iii)

to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and

(B)

shall not be designed to favor or disfavor any particular candidate, organization, or political party.

(b)

Written procedures and standards for taking corrective action—

(1)

In general— Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section.

(2)

Inclusion of appropriate deadlines— The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election.

(3)

Consultation— In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations.

(c)

Authorization of appropriations— There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle.

Sec. 3204 Reports to Congress

(a)

In general— Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election.

(b)

Contents—

(1)

In general— Each report submitted under subsection (a) shall include—

(A)

a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed;

(B)

the status of the investigation of each allegation described in subparagraph (A);

(C)

a description of each corrective action taken by the Attorney General under section 3203(a) in response to an allegation described in subparagraph (A);

(D)

a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies;

(E)

to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and

(F)

a description of any criminal prosecution instituted under subsection (c) or (d) of section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General.

(2)

Exclusion of certain information—

(A)

In general— The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute.

(B)

Exclusion of certain other information— The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a):

(i)

Any information that is privileged.

(ii)

Any information concerning an ongoing investigation.

(iii)

Any information concerning a criminal or civil proceeding conducted under seal.

(iv)

Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation.

(c)

Report made public— On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means.

Sec. 3205 Private rights of action by election officials

Subsection (c)(2) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(b), is amended—

(1)

by striking “Any person” and inserting the following:

“(A) In general—Any person”

(2)

by adding at the end the following new subparagraph:

“(B) Intimidation, etc

“(i) In general—A person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes.

“(ii) Corrective action—If the Attorney General receives a credible report that conduct that violates or would be reasonably likely to violate subsection (b)(1) has occurred or is likely to occur, and if the Attorney General determines that State and local officials have not taken adequate steps to promptly communicate that such conduct would violate subsection (b)(1) or applicable State or local laws, the Attorney General shall communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to convey the unlawfulness of proscribed conduct under subsection (b)(1) and the responsibilities of and resources available to State and local officials to prevent or correct such violations.”

Sec. 3206 Making intimidation of tabulation, canvass, and certification efforts a crime

Section 12(1) of the National Voter Registration Act (52 U.S.C. 20511) is amended—

(1)

in subparagraph (B), by striking “or” at the end; and

(2)

by adding at the end the following new subparagraph:

“(D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or”

D Protection of Election Records and Election Infrastructure

Sec. 3301 Strengthen protections for Federal election records

(a)

Finding of Constitutional authority— Congress finds as follows:

(1)

(2)

(3)

(4)

The Elections Clause thus grants Congress the authority to strengthen the protections for Federal election records.

(5)

Congress has intervened in the electoral process to protect the health and legitimacy of federal elections, including for example, Congress’ enactment of the Help America Vote Act of 2002 as a response to several issues that occurred during the 2000 Presidential election. See “The Elections Clause: Constitutional Interpretation and Congressional Exercise”, Hearing Before Comm. on House Administration, 117th Cong. (2021), written testimony of Vice Dean Franita Tolson at 3.

(b)

Strengthening of protections— Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended—

(1)

by striking “Every officer” and inserting the following:

“(a) In general—Every officer”

(2)

by striking “records and papers” and inserting “records (including electronic records), papers, and election equipment” each place the term appears;

(3)

by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”;

(4)

by inserting “(but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title” after “upon such custodian”;

(5)

by inserting “, or acts in reckless disregard of,” after “fails to comply with”; and

(6)

by inserting after subsection (a) the following:

“(b) Election equipment—The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved.

“(c) Guidance—Not later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records and papers described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General.”

(c)

Protecting the integrity of paper ballots in Federal elections—

(1)

Protocols and conditions for inspection of ballots— Not later than 60 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the Election Assistance Commission, shall promulgate regulations establishing the election security protocols and conditions, including appropriate chain of custody and proper preservation practices, which will apply to the inspection of the paper ballots which are required to be retained and preserved under section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701).

(2)

Cause of action for injunctive and declaratory relief— The Attorney General may bring an action in an appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to ensure compliance with the regulations promulgated under subsection (a).

Sec. 3302 Penalties; inspection; nondisclosure; jurisdiction

(a)

Expansion of scope of penalties for interference— Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended—

(1)

by inserting “, or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of,” after “or alters”; and

(2)

by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”.

(b)

Inspection, reproduction, and copying— Section 303 of such Act (52 U.S.C. 20703) is amended by striking “record or paper” each place it appears and inserting “record (including electronic record), paper, or election equipment”.

(c)

Nondisclosure— Section 304 of such Act (52 U.S.C. 20704) is amended by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”.

(d)

Jurisdiction To compel production— Section 305 of such Act (52 U.S.C. 20705) is amended by striking “record or paper” each place it appears and inserting “record (including electronic record), paper, or election equipment”.

Sec. 3303 Judicial review to ensure compliance

Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended by adding at the end the following:

“307. Judicial review to ensure compliance

“(a) Cause of action—The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301.

“(b) Duty To expedite—It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section.”

E Judicial Protection of the Right To Vote and Non-Partisan Vote Tabulation

1 Right To Vote Act

Sec. 3401 Short title

This part may be cited as the “Right to Vote Act”.

Sec. 3402 Undue burdens on the ability to vote in elections for Federal office prohibited

(a)

In general— Every citizen of legal voting age shall have the right to vote and have one’s vote counted in elections for Federal office free from any burden on the time, place, or manner of voting, as set forth in subsections (b) and (c).

(b)

Retrogression— A government may not diminish the ability to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest.

(c)

Substantial impairment—

(1)

In general— A government may not substantially impair the ability of an individual to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest.

(2)

Substantial impairment— For purposes of this section, a substantial impairment is a non-trivial impairment that makes it more difficult to vote or to have one’s vote counted than if the law, rule, standard, practice, procedure, or other governmental action had not been adopted or implemented. An impairment may be substantial even if the voter or other similarly situated voters are able to vote or to have one’s vote counted notwithstanding the impairment.

Sec. 3403 Judicial review

(a)

Civil action— An action challenging a violation of this part may be brought by any aggrieved person or the Attorney General in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found.

(b)

Standards To be applied— A courts adjudicating an action brought under this part shall apply the following standards:

(1)

Retrogression—

(A)

A plaintiff establishes a prima facie case of retrogression by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote, or have one’s vote counted.

(B)

If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest.

(C)

If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particularized important governmental interest.

(2)

Substantial Impairment—

(A)

A plaintiff establishes a prima facie case of substantial impairment by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action is a non-trivial impairment of the ability to vote or to have one’s vote counted.

(B)

If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest.

(c)

Duty To expedite— It shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section.

(d)

Attorney’s fees— Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended—

(1)

by striking “or section 40302” and inserting “section 40302”; and

(2)

by striking “, the court” and inserting “, or section 3402(a) of the Freedom to Vote Act, the court”.

Sec. 3404 Definitions

In this part—

(1)

the term covered entity means the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands;

(2)

the terms election and Federal office have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101);

(3)

the term have one’s vote counted means all actions necessary to have a vote included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election and reflected in the certified vote totals by any government responsible for tallying or certifying the results of elections for Federal office;

(4)

the term government includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, of any State, of any covered entity, or of any political subdivision of any State or covered entity; and

(5)

the term vote means all actions necessary to make a vote effective, including registration or other action required by law as a prerequisite to voting, casting a ballot.

Sec. 3405 Rules of construction

(a)

Burdens not authorized— Nothing in this part may be construed to authorize a government to burden the right to vote in elections for Federal office.

(b)

Other rights and remedies— Nothing in this part shall be construed to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law.

(c)

Other provisions of this act— Nothing in this subtitle shall be construed as affecting section 1703 of this Act (relating to rights of citizens).

(d)

Other definitions— The definitions set forth in section 3404 shall apply only to this part and shall not be construed to amend or interpret any other provision of law.

Sec. 3406 Severability

If any provision of this part or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this part and the application of the provisions of such to any citizen or circumstance shall not be affected thereby.

Sec. 3407 Effective date

(a)

Actions brought for retrogression— Subsection (b) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action that was not in effect during the November 2022 general election for Federal office but that will be in effect with respect to elections for Federal office occurring on or after January 1, 2024, even if such law, rule, standard, practice, procedure, or other governmental action is already in effect as of the date of the enactment of this Act.

(b)

Actions brought for substantial impairment— Subsection (c) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action in effect with respect to elections for Federal office occurring on or after January 1, 2024.

2 Clarifying Jurisdiction Over Election Disputes

Sec. 3411 Findings

In addition to providing for the statutory rights described in part 1, including judicial review under section 3403, Congress makes the following findings regarding enforcement of constitutional provisions protecting the right to vote:

(1)

It is a priority of Congress to ensure that pending and future disputes arising under the Fifteenth Amendment or any other constitutional provisions protecting the right to vote may be heard in Federal court.

(2)

The Fifth Circuit has misconstrued section 1344 of title 28, United States Code, to deprive Federal courts of subject matter jurisdiction in certain classes of cases that implicate voters’ constitutional rights, see, e.g., Keyes v. Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct. 434 (2018); Johnson v. Stevenson, 170 F.2d 108 (5th Cir. 1948).

(3)

Section 1344 of such title is also superfluous in light of other broad grants of Federal jurisdiction. See, e.g., section 1331, section 1343(a)(3), and section 1343(a)(4) of title 28, United States Code.

(4)

Congress therefore finds that a repeal of section 1344 is appropriate and that such repeal will ensure that Federal courts nationwide are empowered to enforce voters’ constitutional rights in Federal elections and State legislative elections.

Sec. 3412 Clarifying authority of United States district courts to hear cases

(a)

In general— Section 1344 of title 28, United States Code, is repealed.

(b)

Continuing authority of courts To hear cases under other existing authority— Nothing in this part may be construed to affect the authority of district courts of the United States to exercise jurisdiction pursuant to existing provisions of law, including sections 1331, 1343(a)(3), and 1343(a)(4) of title 28, United States Code, in any cases arising under the Constitution, laws, or treaties of the United States concerning the administration, conduct, or results of an election for Federal office or state legislative office.

(c)

Clerical amendment— The table of sections for chapter 85 of title 28, United States Code, is amended by striking the item relating to section 1344.

Sec. 3413 Effective date

This part and the amendments made by this part shall apply to actions brought on or after the date of the enactment of this Act and to actions brought before the date of enactment of this Act which are pending as of such date.

F Poll Worker Recruitment and Training

Sec. 3501 Grants to States for poll worker recruitment and training

(a)

Grants by Election Assistance Commission—

(1)

In general— The Election Assistance Commission (hereafter referred to as the “Commission”) shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office.

(2)

Use of Commission materials— In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning.

(3)

Access and cultural considerations— The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter.

(b)

Requirements for Eligibility—

(1)

Application— Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require.

(2)

Contents of Application— Each application submitted under paragraph (1) shall—

(A)

describe the activities for which assistance under this section is sought;

(B)

provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities;

(C)

provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section;

(D)

provide assurances that the State will dedicate poll worker recruitment efforts with respect to—

(i)

youth and minors, including by recruiting at institutions of higher education and secondary education; and

(ii)

diversity, including with respect to race, ethnicity, and disability; and

(E)

provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.

(c)

Amount of Grant—

(1)

In general— The amount of a grant made to a State under this section shall be equal to the product of—

(A)

the aggregate amount made available for grants to States under this section; and

(B)

the voting age population percentage for the State.

(2)

Voting age population percentage defined— In paragraph (1), the “voting age population percentage” for a State is the quotient of—

(A)

the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and

(B)

the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census).

(d)

Reports to Congress—

(1)

Reports by recipients of grants— Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant.

(2)

Reports by Commission— Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate.

(e)

Funding—

(1)

Continuing availability of amount appropriated— Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended.

(2)

Administrative expenses— Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission.

Sec. 3502 State defined

In this subtitle, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

G Preventing Poll Observer Interference

Sec. 3601 Protections for voters on Election Day

(a)

Requirements— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section:

“303A. Voter protection requirements

“(a) Requirements for challenges by persons other than election officials

“(1) Requirements for challenges—No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is—

“(A) documented in writing; and

“(B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph.

“(2) Prohibition on challenges on or near date of election—No person, other than a State or local election official, shall be permitted—

“(A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or

“(B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election.

“(b) Buffer rule

“(1) In general—A person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of—

“(A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or

“(B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring.

“(2) Rule of construction—Nothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet.

“(c) Effective date—This section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.”

(b)

Conforming amendment relating to voluntary guidance— Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking “and 313” and inserting “313, and 303A”.

(c)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 303 the following:

H Preventing Restrictions on Food and Beverages

Sec. 3701 Short title; findings

(a)

Short title— This subtitle may be cited as the “Voters’ Access to Water Act”.

(b)

Findings— Congress finds the following:

(1)

States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place.

(2)

In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day.

(3)

Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters’ political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health.

Sec. 3702 Prohibiting restrictions on donations of food and beverages at polling stations

(a)

Requirement— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(1), section 1607(a), and section 1624(a) is amended—

(1)

by redesignating sections 318 and 319 as sections 319 and 320, respectively; and

(2)

by inserting after section 317 the following new section:

“318. Prohibiting States from restricting donations of food and beverages at polling stations

“(a) Prohibition—Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients.

“(b) Exception—A State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity.

“(c) Effective date—This section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.”

(b)

Voluntary guidance— Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking “and 303A” and inserting “303A, and 317”.

(c)

Clerical amendments— The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(3), section 1607(b), and section 1624(b) is amended—

(1)

by redesignating the items relating to sections 318 and 319 as relating to sections 319 and 320, respectively; and

(2)

by inserting after the item relating to section 317 the following new item:

I Establishing Duty To Report Foreign Election Interference

Sec. 3801 Findings relating to illicit money undermining our democracy

Congress finds the following:

(1)

Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as “shell companies”, to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities.

(2)

The public release of the “Panama Papers” in 2016 and the “Paradise Papers” in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate, effectively concealing the beneficiaries and transactions from regulators and law enforcement.

(3)

Since the Supreme Court’s decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), billions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources.

(4)

Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws.

(5)

Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector.

(6)

Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anticorruption laws and regulations.

Sec. 3802 Federal campaign reporting of foreign contacts

(a)

Initial notice—

(1)

In general— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection:

“(j) Disclosure of reportable foreign contacts

“(1) Committee obligation to notify—Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification.

“(2) Individual obligation to notify—Not later than 3 days after a reportable foreign contact—

“(A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and

“(B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact.

“(3) Reportable foreign contact—In this subsection:

“(A) In general—The term reportable foreign contact means any direct or indirect contact or communication that—

“(i) is between—

“(I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and

“(II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and

“(ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves—

“(I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or

“(II) direct or indirect coordination or collaboration with, or a direct or indirect offer or provision of information or services to or from, a covered foreign national in connection with an election.

“(B) Exceptions

“(i) Contacts in official capacity as elected official—The term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee.

“(ii) Contacts for purposes of enabling observation of elections by international observers—The term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee.

“(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements—A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319.

“(C) Covered foreign national defined

“(i) In general—In this paragraph, the term covered foreign national means—

“(I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)) that is a government of a foreign country or a foreign political party;

“(II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or

“(III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I).

“(ii) Clarification regarding application to citizens of the United States—In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in subclause (I) of clause (i).

“(4) Immediate family member—In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.”

(2)

Effective date— The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act.

(b)

Information included on report—

(1)

In general— Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended—

(A)

by striking “and” at the end of paragraph (7);

(B)

by striking the period at the end of paragraph (8) and inserting “; and”; and

(C)

by adding at the end the following new paragraph:

“(9) for any reportable foreign contact (as defined in subsection (j)(3))—

“(A) the date, time, and location of the contact;

“(B) the date and time of when a designated official of the committee was notified of the contact;

“(C) the identity of individuals involved; and

“(D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.”

(2)

Effective date— The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.

Sec. 3803 Federal campaign foreign contact reporting compliance system

(a)

In general— Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection:

“(j) Reportable foreign contacts compliance policy

“(1) Reporting—Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made.

“(2) Retention and preservation of records—Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years.

“(3) Certification

“(A) In general—Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that—

“(i) the committee has in place policies that meet the requirements of paragraphs (1) and (2);

“(ii) the committee has designated an official to monitor compliance with such policies; and

“(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will—

“(I) receive notice of such policies;

“(II) be informed of the prohibitions under section 319; and

“(III) sign a certification affirming their understanding of such policies and prohibitions.

“(B) Authorized committees—With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).”

(b)

Effective date—

(1)

In general— The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act.

(2)

Transition rule for existing committees— Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)).

Sec. 3804 Criminal penalties

Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs:

“(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both.

“(F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.”

Sec. 3805 Report to congressional intelligence committees

(a)

In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4902(a) of this Act).

(b)

Elements— Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a):

(1)

The number of such notifications received from political committees during the year covered by the report.

(2)

A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications.

(3)

With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications.

(c)

Congressional intelligence committees defined— In this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

Sec. 3806 Rule of construction

Nothing in this subtitle or the amendments made by this subtitle shall be construed—

(1)

to impede legitimate journalistic activities; or

(2)

to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who—

(A)

resides in the United States;

(B)

is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and

(C)

is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

J Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot

Sec. 3901 Short title

This subtitle may be cited as the “Voter Confidence and Increased Accessibility Act of 2023”.

Sec. 3902 Paper ballot and manual counting requirements

(a)

In general— Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:

“(2) Paper ballot requirement

“(A) Voter-verifiable paper ballots

“(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates.

“(ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B).

“(iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections.

“(iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii).

“(B) Preservation as official record—The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.

“(C) Manual counting requirements for recounts and audits

“(i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office.

“(ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast.

“(D) Sense of congress—It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility.”

(b)

Conforming amendment clarifying applicability of alternative language accessibility— Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting “(including the paper ballots required to be used under paragraph (2))” after “voting system”.

(c)

Other conforming amendments— Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended—

(1)

in subparagraph (A)(i), by striking “counted” and inserting “counted, in accordance with paragraphs (2) and (3)”;

(2)

in subparagraph (A)(ii), by striking “counted” and inserting “counted, in accordance with paragraphs (2) and (3)”;

(3)

in subparagraph (A)(iii), by striking “counted” each place it appears and inserting “counted, in accordance with paragraphs (2) and (3)”; and

(4)

in subparagraph (B)(ii), by striking “counted” and inserting “counted, in accordance with paragraphs (2) and (3)”.

Sec. 3903 Accessibility and ballot verification for individuals with disabilities

(a)

In general— Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as follows:

“(3) Accessibility for individuals with disabilities

“(A) In general—The voting system shall—

“(i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;

“(ii)

“(I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and

“(II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and

“(iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).

“(B) Means of meeting requirements—A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by—

“(i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing;

“(ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot;

“(iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or

“(iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities.

“(C) Sufficient number—For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the United States Access Board) and the Commission.”

(b)

Specific requirement of study, testing, and development of accessible voting options—

(1)

Study and reporting— Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended—

(A)

by redesignating section 247 as section 248; and

(B)

by inserting after section 246 the following new section:

“247. Study and report on accessible voting options

“(a) Grants To study and report—The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop—

“(1) accessible and secure remote voting systems;

“(2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or

“(3) both of the matters described in paragraph (1) and (2).

“(b) Eligibility—An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing—

“(1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2026; and

“(2) such other information and certifications as the Commission may require.

“(c) Availability of technology—Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems.

“(d) Coordination with grants for technology improvements—The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology.

“(e) Authorization of appropriations—There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.”

(2)

Clerical amendment— The table of contents of such Act is amended—

(A)

by redesignating the item relating to section 247 as relating to section 248; and

(B)

by inserting after the item relating to section 246 the following new item:

(c)

Clarification of accessibility standards under voluntary voting system guidance— In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle.

(d)

Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access— Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking “; except that” and all that follows and inserting a period.

Sec. 3904 Durability and readability requirements for ballots

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph:

“(7) Durability and readability requirements for ballots

“(A) Durability requirements for paper ballots

“(i) In general—All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper.

“(ii) Definition—For purposes of this Act, paper is “durable” if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months.

“(B) Readability requirements for paper ballots marked by ballot marking device—All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision-enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities.”

Sec. 3905 Study and report on optimal ballot design

(a)

Study— The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors.

(b)

Report— Not later than one year after the date of the enactment of this Act, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).

Sec. 3906 Ballot marking device cybersecurity requirements

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904, is further amended by adding at the end the following new paragraphs:

“(8) Prohibition of use of wireless communications devices in systems or devices—No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device.

“(9) Prohibiting connection of system to the internet—No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time.”

Sec. 3907 Effective date for new requirements

Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows:

“(d) Effective Date

“(1) In general—Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.

“(2) Special rule for certain requirements

“(A) In general—Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 shall apply with respect to voting systems used for any election for Federal office held in 2024 or any succeeding year.

“(B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2022

“(i) In general—In the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023) shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office.

“(ii) Jurisdictions described—A jurisdiction described in this clause is a jurisdiction—

“(I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023), for the administration of the regularly scheduled general election for Federal office held in November 2022; and

“(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year.

“(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems

“(I) Requiring ballots to be offered and provided—The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause.

“(II) Treatment of ballot—Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot.

“(III) Posting of notice—The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).

“(IV) Training of election officials—The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot.

“(V) Period of applicability—The requirements of this clause apply only during the period beginning on January 1, 2024, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office.

“(C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections

“(i) Delay—In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to “2024” were a reference to “the applicable year”, but only with respect to the following requirements of this section:

“(I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices).

“(II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet).

“(ii) Jurisdictions described—A jurisdiction described in this clause is a jurisdiction—

“(I) which used a voting system which is not in compliance with paragraphs (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023) for the administration of the regularly scheduled general election for Federal office held in November 2022;

“(II) which was not able, to all extent practicable, to comply with paragraph (8) and (9) of subsection (a) before January 1, 2024; and

“(III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year.

“(iii) Applicable year

“(I) In general—Except as provided in subclause (II), the term applicable year means 2028.

“(II) Extension—If a State or jurisdiction certifies to the Commission not later than January 1, 2028, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2032.”

Sec. 3908 Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements

(a)

Availability of grants—

(1)

In general— Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1302(c), is amended by adding at the end the following new part:

“8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements

“298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements

“(a) Availability and use of grant

“(1) In general—The Commission shall make a grant to each eligible State—

“(A) to replace a voting system—

“(i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 with a voting system which—

“(I) does meet such requirements; and

“(II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or

“(ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines;

“(B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office;

“(C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and

“(D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section.

“(2) Definition of grandfathered voting system—In this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).

“(b) Amount of payment

“(1) In general—The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3).

“(2) Minimum payment amount—The minimum payment amount described in this paragraph is—

“(A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and

“(B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount.

“(3) Voting age population proportion amount—The voting age population proportion amount described in this paragraph is the product of—

“(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and

“(B) the voting age population proportion for the State (as defined in paragraph (4)).

“(4) Voting age population proportion defined—The term voting age population proportion means, with respect to a State, the amount equal to the quotient of—

“(A) the voting age population of the State (as reported in the most recent decennial census); and

“(B) the total voting age population of all States (as reported in the most recent decennial census).

“(5) Requirement relating to purchase of accessible voting systems—An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D).

“298A. Voting system security improvements described

“(a) Permitted uses—A voting system security improvement described in this section is any of the following:

“(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate.

“(2) Cyber and risk mitigation training.

“(3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider.

“(4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office.

“(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined).

“(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4).

“(7) Enhancing the cybersecurity of voter registration systems.

“(b) Qualified election infrastructure vendors described—For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act.

“298B. Eligibility of States

“A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

“(1) a description of how the State will use the grant to carry out the activities authorized under this part;

“(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and

“(3) such other information and assurances as the Commission may require.

“298C. Reports to Congress

“Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part.

“298D. Authorization of appropriations

“(a) Authorization—There are authorized to be appropriated for grants under this part—

“(1) $2,400,000,000 for fiscal year 2024; and

“(2) $175,000,000 for each of the fiscal years 2026, 2028, 2030, and 2032.

“(b) Continuing availability of amounts—Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.”

(2)

Clerical amendment— The table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following:

(b)

Qualified election infrastructure vendors—

(1)

In general— The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act).

(2)

Criteria— The criteria established under paragraph (1) shall include each of the following requirements:

(A)

The vendor shall—

(i)

be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and

(ii)

in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States.

(B)

The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure.

(C)

The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor.

(D)

The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(E)

The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(F)

The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(G)

The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(H)

The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(I)

The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act).

(J)

The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act).

(3)

Cybersecurity incident reporting requirements—

(A)

In general— A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)—

(i)

the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred);

(ii)

if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and

(iii)

the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii).

(B)

Contents of notifications— Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification:

(i)

The date, time, and time zone when the election cybersecurity incident began, if known.

(ii)

The date, time, and time zone when the election cybersecurity incident was detected.

(iii)

The date, time, and duration of the election cybersecurity incident.

(iv)

The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any.

(v)

Any planned and implemented technical measures to respond to and recover from the incident.

(vi)

In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available.

(C)

Development of criteria for reporting— Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A).

(4)

Definitions— In this subsection:

(A)

Chair— The term Chair means the Chair of the Election Assistance Commission.

(B)

Chief State election official— The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act.

(C)

Election agency— The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State.

(D)

Election infrastructure— The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.

(E)

Secretary— The term Secretary means the Secretary of Homeland Security.

(F)

State— The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).

K Provisional Ballots

Sec. 3911 Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards

(a)

In general— Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended—

(1)

by redesignating subsection (e) as subsection (h); and

(2)

by inserting after subsection (d) the following new subsections:

“(e) Counting of provisional ballots

“(1) In general

“(A) For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote.

“(B) In addition to the requirements under subsection (a), for each State or political subdivision that provides voters provisional ballots, challenge ballots, or affidavit ballots under the State’s applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials, election officials shall—

“(i) provide clear written instructions indicating the reason the voter was given a provisional ballot, the information or documents the voter needs to prove eligibility, the location at which the voter must appear to submit these materials or alternative methods, including email or facsimile, that the voter may use to submit these materials, and the deadline for submitting these materials;

“(ii) provide a verbal translation of any written instructions to the voter if necessary;

“(iii) permit any voter who votes provisionally at any polling place on Indian lands to appear at any polling place or at a central location for the election board to submit the documentation or information to prove eligibility; and

“(iv) notify the voter as to whether the voter’s provisional ballot was counted or rejected and provide the reason for rejection if the voter’s provisional ballot was rejected after the voter provided the required information or documentation on eligibility.

“(2) Rule of construction—Nothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote.

“(f) Due process requirements for states requiring signature verification

“(1) Requirement

“(A) In general—A State may not impose a signature verification requirement as a condition of accepting and counting a provisional ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2).

“(B) Signature verification requirement described—In this subsection, a “signature verification requirement” is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the provisional ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters.

“(2) Due process requirements

“(A) Notice and opportunity to cure discrepancy in signatures—If an individual submits a provisional ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall—

“(i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that—

“(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and

“(II) if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and

“(ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods.

“(B) Notice and opportunity to cure missing signature or other defect—If an individual submits a provisional ballot without a signature or submits a provisional ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall—

“(I) the ballot did not include a signature or has some other defect; and

“(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and

“(ii) count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect.

“(C) Other requirements

“(i) In general—An election official may not make a determination that a discrepancy exists between the signature on a provisional ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless—

“(I) at least 2 election officials make the determination;

“(II) each official who makes the determination has received training in procedures used to verify signatures; and

“(III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State.

“(ii) Exception—Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party.

“(3) Report

“(A) In general—Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State:

“(i) The number of provisional ballots invalidated due to a discrepancy under this subsection.

“(ii) Description of attempts to contact voters to provide notice as required by this subsection.

“(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of provisional ballots determined valid as a result of such process.

“(B) Submission to congress—Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress.

“(C) Federal election cycle defined—For purposes of this subsection, the term “Federal election cycle” means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election.

“(4) Rule of construction—Nothing in this subsection shall be construed—

“(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or

“(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection.

“(5) Effective date—This subsection shall apply with respect to elections held on or after January 1, 2024.

“(g) Uniform and nondiscriminatory standards

“(1) In general—Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots.

“(2) Effective date—This subsection shall apply with respect to elections held on or after January 1, 2024.

“(h) Additional conditions prohibited—If an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot.”

(b)

Conforming amendment— Section 302(h) of such Act (52 U.S.C. 21082(g)), as amended by section 1601(a) and redesignated by subsection (a), is amended by striking “subsection (d)(4)” and inserting “subsections (d)(4), (e)(3), and (f)(2)”.

IV Voting System Security

Sec. 4001 Post-election audit requirement

(a)

In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3601, is amended by inserting after section 303A the following new section:

“303B. Post-election audits

“(a) Definitions—In this section:

“(1) Post-election audit—Except as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that—

“(A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome;

“(B) will not change the outcome if the reported outcome is the correct outcome; and

“(C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest.

“(2) Reported outcome; correct outcome; outcome

“(A) Reported outcome—The term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process.

“(B) Correct outcome—The term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest.

“(C) Outcome—The term outcome means the winner or set of winners of an election contest.

“(3) Manual adjudication of voter intent—The term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record.

“(4) Ballot manifest—The term ballot manifest means a record maintained by each jurisdiction that—

“(A) is created without reliance on any part of the voting system used to tabulate votes;

“(B) functions as a sampling frame for conducting a post-election audit; and

“(C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group.

“(b) Requirements

“(1) In general

“(A) Audits

“(i) In general—Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2).

“(ii) Exception—Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent.

“(B) Full manual tabulation—If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest.

“(2) Audit requirements

“(A) Rules and procedures

“(i) In general—Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits.

“(ii) Matters included—The rules and procedures established under clause (i) shall include the following:

“(I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed.

“(II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions.

“(III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits.

“(IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public.

“(V) Rules and procedures for the random selection of ballots to be inspected manually during each audit.

“(VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete.

“(VII) Rules and procedures for testing any software used to conduct post-election audits.

“(B) Public report

“(i) In general—After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly.

“(ii) Format of data—All data published with the report under clause (i) shall be published in machine-readable, open data formats.

“(iii) Protection of anonymity of votes—Information and data published by the State under this subparagraph shall not compromise the anonymity of votes.

“(iv) Report made available by Commission—After receiving any report submitted under clause (i), the Commission shall make such report available on its website.

“(3) Effective date; waiver

“(A) In general—Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2034 and for each subsequent election for Federal office.

“(B) Waiver—Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting “2036” for “2034”.

“(C) Additional waiver period—If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2036, that the State will not meet the deadline described in subparagraph (A) (after application of subparagraph (B)) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting “2038” for “2034”.

“(c) Phased implementation

“(1) Post-election audits

“(A) In general—For the regularly scheduled elections for Federal office occurring in 2026 and 2028, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random.

“(B) Post-election audit defined—In this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest.

“(2) Post-election audits for select contests—Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2030 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2034, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random.

“(3) States that administer post-election audits for all contests—A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).”

(b)

Clerical amendment— The table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item:

(c)

Study on post-Election audit best practices—

(1)

In general— The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures.

(2)

Advisory committee— The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of—

(A)

State and local election officials;

(B)

individuals with experience and expertise in election security;

(C)

individuals with experience and expertise in post-election audit procedures; and

(D)

individuals with experience and expertise in statistical methods.

(3)

Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.

Sec. 4002 Election infrastructure designation

Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting “, including election infrastructure” before the period at the end.

Sec. 4003 Guidelines and certification for electronic poll books and remote ballot marking systems

(a)

Inclusion under voluntary voting system guidelines— Section 222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended—

(1)

by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f);

(2)

by inserting after the section heading the following:

“(a) Voluntary voting system guidelines—The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems.”

(3)

by adding at the end the following new subsections:

“(g) Initial guidelines for electronic poll books and remote ballot marking systems

“(1) Adoption date—The Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems not later than 1 year after the date of the enactment of the Freedom to Vote Act.

“(2) Special rule for initial guidelines—The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems.

“(h) Definitions—In this section:

“(1) Electronic poll book—The term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used—

“(A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and

“(B) to identify registered voters who are eligible to vote in an election.

“(2) Remote ballot marking system—The term remote ballot marking system means an election system that—

“(A) is used by a voter to mark their ballots outside of a voting center or polling place; and

“(B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location.”

(b)

Providing for certification of electronic poll books and remote ballot marking system— Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and (2), by inserting “, electronic poll books, and remote ballot marking systems” after “software”.

Sec. 4004 Pre-election reports on voting system usage

(a)

Requiring States To submit reports— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section:

“301A. Pre-election reports on voting system usage

“(a) Requiring States To submit reports—Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence.

“(b) Effective date—Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office”

(b)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item:

Sec. 4005 Use of voting machines manufactured in the United States

(a)

Requirement— Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph:

“(10) Voting machine requirements

“(A) Manufacturing requirements—By not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States.

“(B) Assembly requirements—By not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States.

“(C) Software and code requirements—By not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States.”

(b)

Conforming amendment relating to effective date— Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 3907, is amended by striking “paragraph (2)” and inserting “subsection (a)(10) and paragraph (2)”.

Sec. 4006 Use of political party headquarters building fund for technology or cybersecurity-related purposes

(a)

Permitting use of fund— Section 315(a)(9)(B) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(9)(B)) is amended by striking the period at the end and inserting the following: “, and to defray technology or cybersecurity-related expenses.”.

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to calendar year 2024 and each succeeding calendar year.

Sec. 4007 Severability

If any provision of this title or any amendment made by this title, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.

Lineage

Jul 25, 2023viewing Introduced in Senate Ms. Klobuchar (for herself, Mr. Merkley, Mr. Kaine, Mr. King, Mr. Manchin, Mr. Padilla, Mr. Tester, Mr. Warnock, Mr. Schumer, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kelly, Mr. Luján, Mr. Markey, Mr. Menendez, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration