[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4893 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4893
To amend the Help America Vote Act of 2002 to provide for the
establishment of election integrity measures by States and to prohibit
ballot harvesting in Federal elections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 12, 2020
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to provide for the
establishment of election integrity measures by States and to prohibit
ballot harvesting in Federal elections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Election Integrity Act of
2020''.
SEC. 2. ELECTION INTEGRITY MEASURES.
(a) In General.--
(1) Requirement.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended
by adding at the end the following new part:
``PART 7--ELECTION INTEGRITY MEASURES
``SEC. 297. ELIGIBILITY FOR PAYMENTS OF STATES LACKING ELECTION
INTEGRITY MEASURES.
``(a) In General.--A State is not eligible to receive funds under
this Act unless the State meets the following requirements with respect
to each election held on or after January 1, 2021.
``(1) Collection and transmission of ballots.--The State
has in effect a law that prohibits an individual from the
knowing collection and transmission of a ballot that was mailed
to another person, other than an individual described as
follows:
``(A) An election official while engaged in
official duties as authorized by law.
``(B) An employee of the United States Postal
Service while engaged in official duties as authorized
by law.
``(C) Any other individual who is allowed by law to
collect and transmit United States mail, while engaged
in official duties as authorized by law.
``(D) A family member, household member, or
caregiver of the person to whom the ballot was mailed.
``(2) Observation.--The State has in effect a law that
permits the observation of polling places or counting of
ballots, at any site where voting or ballot counting is
occurring, by at least 2 appointed campaign representatives per
campaign.
``(3) Record.--The State has in effect a law requiring that
mail-in or absentee ballots be counted and recorded immediately
upon receipt, with no results to be disclosed until after the
closure of polling places on the date of the election.
``(4) Ballot counting.--The State has in effect a law
providing that after the closure of polling places on the date
of the election, ballot counting begins and does not stop, for
any reason except imminent emergency, until all ballots are
counted.
``(5) Surveillance.--The State has in effect a law that
provides for round-the-clock video surveillance monitoring of
absentee ballot drop boxes, with unedited footage to be made
available upon request to members of the public at no charge.
``(6) Report.--The State has in effect a law that each
supervisor of elections must post a report on the official
website of such supervisor at least 3 months before a general
election for Federal office which outlines preparations for the
upcoming general election. Each report under this paragraph
must include, at a minimum, the following elements:
``(A) The anticipated staffing levels during the
early voting period, on election day, and after
election day.
``(B) The anticipated amount of automatic
tabulating equipment at each early voting site and
polling place.
``(7) Certification.--The State has in effect a law
providing that following the certification of the election, the
municipal entity responsible for certifying the election shall
conduct a manual audit or an automated, independent audit of
the voting systems used in randomly selected precincts. The
resulting report must be made available to the public within 15
days after completion of the audit.
``(b) Definitions.--For purposes of this section:
``(1) Appointed campaign representative.--The term
`appointed campaign representative' means, with respect to the
official campaign of a candidate appearing on a ballot, an
individual authorized to observe voting procedures or the
counting of ballots by the campaign, but not the candidate
himself or herself. A political committee formed for the
specific purpose of expressly advocating the passage or defeat
of an issue on the ballot may also authorize appointed campaign
representatives.
``(2) Caregiver.--The term `caregiver' means, with respect
to a person, an individual who provides medical or health care
assistance to such person in a residence, nursing care
institution, hospice facility, assisted living center, assisted
living facility, assisted living home, residential care
institution, adult day health care facility, or adult foster
care home.
``(3) Family member.--The term `family member' means, with
respect to a person, an individual who is related to such
person by blood, marriage, adoption, or legal guardianship.
``(4) Household member.--The term `household member' means,
with respect to a person, an individual who resides at the same
residence as such person.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 296
the following new item:
``Part 7--Election Integrity Measures
``Sec. 297. Eligibility for payments of States lacking election
integrity measures.''.
(b) Prohibition on Ballot Harvesting in Federal Elections.--
(1) In general.--Chapter 29 of title 18, United States Code
is amended by adding at the end the following new section:
``Sec. 612. Prohibition on ballot harvesting in Federal elections
``(a) In General.--It shall be unlawful for any person to knowingly
collect and transmit a ballot in an election for Federal office that
was mailed to another person, other than an individual described as
follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service while
engaged in official duties as authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.''.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $10,000 for each ballot collected and transmitted
in violation of such subsection, imprisoned for not more than 5 years,
or both.
``(c) Definitions.--For purposes of this section:
``(1) Caregiver.--The term `caregiver' means, with respect
to a person, an individual who provides medical or health care
assistance to such person in a residence, nursing care
institution, hospice facility, assisted living center, assisted
living facility, assisted living home, residential care
institution, adult day health care facility, or adult foster
care home.
``(2) Family member.--The term `family member' means, with
respect to a person, an individual who is related to such
person by blood, marriage, adoption, or legal guardianship.
``(3) Household member.--The term `household member' means,
with respect to a person, an individual who resides at the same
residence as such person.
``(d) Effective Date.--This section shall apply with respect to
elections for Federal office held after January 1, 2021.''.
(2) 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:
``612. Prohibition on ballot harvesting in Federal elections.''.
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