[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 519

To review the use of election security grants in the 2020 Presidential 
election and to prohibit future election security grants to States with 
                 unconstitutional election procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 2 (legislative day, March 1), 2021

  Mr. Hagerty (for himself, Mr. Rubio, and Mr. Cramer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To review the use of election security grants in the 2020 Presidential 
election and to prohibit future election security grants to States with 
                 unconstitutional election procedures.

    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 ``Protecting the Right to Organized, 
Transparent Elections through a Constitutionally Trustworthy Electoral 
College Act (PROTECT Electoral College Act)''.

SEC. 2. REPORT ON 2020 GENERAL ELECTION.

    (a) Definitions.--For purposes of this section:
            (1) 2016 presidential election.--The term ``2016 
        Presidential election'' means the general election for Federal 
        office occurring in 2016.
            (2) 2020 presidential election.--The term ``2020 
        Presidential election'' means the general election for Federal 
        office occurring in 2020.
            (3) Applicable election security funds.--The term 
        ``applicable election security funds'' means the amount of 
        grant funding provided to the State by the Election Assistance 
        Commission--
                    (A) from amounts appropriated under the heading 
                ``Election Assistance Commission, Election Security 
                Grants'' in the Financial Services and General 
                Government Appropriations Act, 2020 (Public Law 116-
                93); or
                    (B) from amounts appropriated under the heading 
                ``Election Assistance Commission, Election Security 
                Grants'' in the Coronavirus Aid, Relief, and Economic 
                Security Act (Public Law 116-136).
            (4) State.--The term ``State'' has the meaning given such 
        term under section 901 of the Help America Vote Act of 2002 (52 
        U.S.C. 21141), except that such term shall include the 
        Commonwealth of the Northern Mariana Islands.
            (5) Unsolicited mail-in ballot.--The term ``unsolicited 
        mail-in ballot'' means any ballot sent to a voter by mail if--
                    (A) such ballot was not specifically requested by 
                the voter; or
                    (B) the ballot request by the voter was initiated 
                by the mailing of a ballot application not specifically 
                requested by the voter.
            (6) Unsolicited mail-in ballot percentage.--The term 
        ``unsolicited mail-in ballot percentage'' means the number of 
        unsolicited mail-in ballots distributed in the State as a 
        percentage of the number of total ballots provided to voters in 
        the State.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to Congress and make publicly available a report on the 2020 
        Presidential election.
            (2) Matters included.--The report submitted under paragraph 
        (1) shall include the following with respect to each State: 
        that received applicable election security funds:
                    (A) Unsolicited mail-in ballot percentage.--
                            (i) In general.--An analysis of whether the 
                        unsolicited mail-in ballot percentage for State 
                        for the 2020 Presidential election was greater 
                        than the unsolicited mail-in ballot percentage 
                        for the State for the 2016 Presidential 
                        election.
                            (ii) Relevant authority for any increase.--
                        If the Comptroller General determines that the 
                        unsolicited mail-in ballot percentage for the 
                        State for the 2020 Presidential election was 
                        greater than the unsolicited mail-in ballot 
                        percentage for the State for the 2016 
                        Presidential election, the Comptroller General 
                        shall provide a description of any change in 
                        authority (including any statutory change 
                        relating to the distribution of unsolicited 
                        mail-in ballots), action, or directive 
                        concerning unsolicited mail-in ballots 
                        occurring between the 2016 Presidential 
                        election and 2020 Presidential election that 
                        may have led to such result.
                    (B) Mail-in voter verification procedures.--
                            (i) In general.--An analysis of whether 
                        there were changes in the State's methods and 
                        processes used to verify the identification of 
                        voters who vote using mail-in ballots, 
                        including signature verification requirements, 
                        that applied with respect to the 2020 
                        Presidential election but did not apply to the 
                        2016 Presidential election.
                            (ii) Relevant authority for changes.--If 
                        the Comptroller General determines that there 
                        were changes in the State's mail-in voter 
                        verification procedures described in clause 
                        (i), the Comptroller General shall provide a 
                        description of any authority (including any 
                        statutory authority), action, or directive that 
                        led to such change.
                    (C) Other election procedures.--
                            (i) In general.--An analysis of whether the 
                        State materially altered or changed its 
                        election procedures for the 2020 Presidential 
                        election (other than procedures described in 
                        subparagraph (B)) from the procedures in effect 
                        for the 2016 Presidential election.
                            (ii) Relevant authority for changes.--If 
                        the Comptroller General determines that there 
                        were changes in the election procedures 
                        described in clause (i), the Comptroller 
                        General shall provide a description of any 
                        authority (including any statutory authority), 
                        action, or directive that led to such change.
                    (D) Mail-in ballot collection.--
                            (i) In general.--An analysis of whether 
                        there were specific, documented allegations of 
                        a person other than a voter or a voter's family 
                        member or caregiver collecting or returning the 
                        voter's completed ballot in the 2020 
                        Presidential election.
                            (ii) Relevant authority for collection.--If 
                        the Comptroller General determines that there 
                        were specific, documented allegations described 
                        in clause (i), the Comptroller General shall 
                        provide a description of any authority 
                        (including any statutory authority), action, or 
                        directive permitting such collection or return.
                    (E) Observation of ballot counting.--An analysis of 
                whether the State has a statute providing for third-
                party observation of ballot counting, and if so, 
                whether there were specific, documented instances in 
                connection with the 2020 Presidential election in which 
                the State is alleged to have failed to comply with such 
                statute.
                    (F) Failure to enforce.--An analysis of whether 
                there were specific, documented instances in connection 
                with the 2020 Presidential election in which the State 
                allegedly failed to enforce one or more of its election 
                statutes (other than a statute described in 
                subparagraph (E)).
                    (G) Use of applicable election security funds.--In 
                the case of a State that received applicable election 
                security funds, an analysis of--
                            (i) whether such funds were used to make 
                        expenditures with respect to the 2020 
                        Presidential election;
                            (ii) whether such funds were used in 
                        connection with any activity carried out 
                        pursuant to an authority, action, or directive 
                        described in subparagraph (A)(ii), (B)(ii), 
                        (C)(ii), or (D)(ii); and
                            (iii) whether the State complied with all 
                        statutory and other conditions imposed in 
                        connection with the receipt of such funds.
                    (H) Subsequent state actions.--A description of any 
                of the following actions taken by the State 
                legislature:
                            (i) The passage of a resolution expressing 
                        an opinion on, or the submission to Congress or 
                        the Comptroller General of a communication 
                        relating to, the items described in 
                        subparagraphs (A) through (G).
                            (ii) The enactment, after the completion of 
                        the 2020 Presidential election, of legislation 
                        regarding any authority, action, or directive 
                        described in subparagraph (A)(ii), (B)(ii), 
                        (C)(ii), or (D)(ii) or any failure described in 
                        subparagraph (E) or (F).

SEC. 3. TEMPORARY SUSPENSION OF, AND REQUIREMENTS FOR, FUTURE ELECTION 
              ASSISTANCE GRANTS.

    (a) In General.--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--REQUIREMENTS FOR ELECTION ASSISTANCE

``SEC. 297. SUSPENSION OF ELECTION ASSISTANCE.

    ``(a) In General.--Notwithstanding any other provision of law, no 
grant may be awarded under this Act before July 1, 2022.
    ``(b) Suspension of Previous Grants.--No State may expend Federal 
funds provided under this Act before the date of the enactment of this 
section before July 1, 2022.

``SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSISTANCE.

    ``(a) In General.--Notwithstanding any other provision of law, no 
State may receive any grant awarded under this Act after the date of 
the enactment of this section unless the State has certified by 
resolution adopted by the State legislature, as a condition of 
receiving the grant, that it is in compliance with the requirements of 
subsection (b).
    ``(b) Requirements.--
            ``(1) In general.--A State satisfies the requirements of 
        this section if, in connection with any election for Federal 
        office--
                    ``(A) the methods and processes used by the State 
                to verify the identification of voters who vote using 
                mail-in ballots are specifically set forth in statute;
                    ``(B) except as specifically provided by statute--
                            ``(i) the State does not use unsolicited 
                        mail-in balloting; and
                            ``(ii) the State does not permit persons 
                        other than the voter or the voter's family 
                        members or caregivers to return a voter's 
                        completed ballot;
                    ``(C) for any election after the last day that the 
                public health emergency declared by the Secretary of 
                Health and Human Services under section 319 of the 
                Public Health Service Act (42 U.S.C. 247d) on January 
                31, 2020, with respect to COVID-19, is in effect, the 
                State uses all voting procedures in place as of January 
                1, 2020 (except as modified by State statutes applying 
                to elections after such date);
                    ``(D) in the case of State that has a law providing 
                for third-party observation of ballot counting, such 
                ballot observation law is strictly followed in all 
                instances;
                    ``(E) the State complies with all requirements 
                under title III; and
                    ``(F) the State has taken documented, affirmative 
                measures to address--
                            ``(i) any prior failure to satisfy the 
                        requirements of subparagraphs (A) through (E) 
                        that is identified by the State legislature in 
                        a resolution (or other similar communication 
                        submitted to Congress and the Comptroller 
                        General); or
                            ``(ii) any prior specific, documented 
                        instance in which the State--
                                    ``(I) failed to enforce one or more 
                                of its election statutes; or
                                    ``(II) materially altered or 
                                changed its election procedures without 
                                a corresponding state statutory 
                                enactment.
            ``(2) Unsolicited mail-in balloting.--For purposes of 
        paragraph (1)(B), the term `unsolicited mail-in balloting' 
        means the process of sending ballots to a voter by mail if--
                    ``(A) such ballot was not specifically requested by 
                the voter; or
                    ``(B) the ballot request by the voter was initiated 
                by the mailing of a ballot application not specifically 
                requested by the voter.

                 ``PART 8--PROHIBITION ON USE OF FUNDS

``SEC. 299. PROHIBITION ON USE OF FUNDS.

    ``Notwithstanding any other provision of law, any amounts provided 
under this Act shall not be used in furtherance of any election 
procedure that is not expressly set forth in a statute enacted by the 
State legislature.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Help America Vote Act of 2002 is amended by inserting after the 
item relating to section 296 the following:

             ``Part 7--Requirements for Election Assistance

``Sec. 297. Suspension of election assistance.
``Sec. 298. Requirements for future election assistance.
                 ``Part 8--Prohibition on Use of Funds

``Sec. 299. Prohibition on use of funds.''.
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