[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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