[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3257 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3257

  To amend the Help America Vote Act of 2002 to prohibit States from 
     using in the administration of an election for Federal office 
   proprietary voting system hardware or software which prevents the 
    system from meeting the voluntary voting system guidelines for 
  interoperability and auditability issued by the Election Assistance 
Commission under such Act, a voting system whose hardware and software 
components are manufactured, maintained, or serviced outside the United 
     States, or a voting system which is connected to the internet.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

  Mr. Posey introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Help America Vote Act of 2002 to prohibit States from 
     using in the administration of an election for Federal office 
   proprietary voting system hardware or software which prevents the 
    system from meeting the voluntary voting system guidelines for 
  interoperability and auditability issued by the Election Assistance 
Commission under such Act, a voting system whose hardware and software 
components are manufactured, maintained, or serviced outside the United 
     States, or a voting system which is connected to the internet.

    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 ``Election Integrity Act of 2023''.

SEC. 2. PROHIBITING USE OF PROPRIETARY VOTING SYSTEM HARDWARE OR 
              SOFTWARE NOT ENABLING AUDITS.

    (a) Prohibition.--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) Prohibiting use of proprietary hardware or software 
        not meeting voluntary guidance for interoperability and 
        auditability.--The voting system may not use any proprietary 
        hardware or software unless the manufacturer of the hardware or 
        software provides the appropriate election official with such 
        information and assistance as the official may require to 
        enable the voting system to be interoperable and auditable in 
        accordance with the most recent voluntary voting system 
        guidelines issued by the Commission under this title.''.
    (b) Effective Date.--Section 301(d) of such Act (52 U.S.C. 
21081(d)) is amended by striking the period at the end and inserting 
the following: ``, or, in the case of the requirements of paragraph (7) 
of subsection (a), on and after January 1, 2024.''.

SEC. 3. PROHIBITING USE OF VOTING SYSTEM PRODUCED BY FOREIGN ENTITY IN 
              ELECTIONS FOR FEDERAL OFFICE.

    (a) Prohibition.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by section 2(a), is further 
amended by adding at the end the following new paragraphs:
            ``(8) System hardware and software manufactured and 
        maintained in united states.--All of the hardware components 
        and all of the software components of the system shall be 
        manufactured in the United States and shall be maintained and 
        serviced only by persons who are in the United States.
            ``(9) System not produced by foreign entity.--
                    ``(A) In general.--The voting system may not be 
                produced by a foreign entity.
                    ``(B) Foreign entity defined.--In subparagraph (A), 
                the term `foreign entity' means any of the following:
                            ``(i) A foreign national.
                            ``(ii) Any corporation which is not a 
                        foreign national and in which a foreign 
                        national or an alien directly or indirectly 
                        owns or controls any voting share.
                            ``(iii) Any corporation which is not a 
                        foreign national and with respect to which any 
                        of the members of the board of directors are 
                        foreign nationals or aliens.
                            ``(iv) Any corporation which is not a 
                        foreign national and over which one or more 
                        foreign nationals or aliens has the power to 
                        direct, dictate, or control the decision-making 
                        process of the corporation with respect to its 
                        interests in the United States.
                    ``(C) Foreign national defined.--In this paragraph, 
                the term `foreign national' has the meaning given such 
                term in section 1(b) of the Foreign Agents Registration 
                Act of 1938, as amended (22 U.S.C. 611(b)), except that 
                such term shall not include any individual who is a 
                citizen of the United States.
                    ``(D) Alien defined.--In this paragraph, the term 
                `alien' means an individual who 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), and who is not lawfully admitted for 
                permanent residence (as defined in section 101(a)(20) 
                of such Act).''.
    (b) Effective Date.--Section 301(d) of such Act (52 U.S.C. 
21081(d)), as amended by section 2(b), is further 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, 
        or, in the case of the requirements of paragraph (7) of 
        subsection (a), on and after January 1, 2024.
            ``(2) Special rule for requirements relating to foreign 
        entities.--In the case of the requirements of paragraphs (8) 
        and (9) of subsection (a), each State and jurisdiction shall be 
        required to comply with such requirements on and after the date 
        of the enactment of the Election Integrity Act of 2023.''.

SEC. 4. PROHIBITING CONNECTION OF VOTING SYSTEMS TO INTERNET.

    (a) Prohibition.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by section 2(a) and section 3(a), 
is further amended by adding at the end the following new paragraph:
            ``(10) Prohibiting connection of system to the internet.--
                    ``(A) In general.--No system or device upon which 
                ballots are programmed or votes are cast or tabulated 
                shall be connected to the internet at any time.
                    ``(B) Prohibiting acceptance of ballots transmitted 
                online.--The voting system may not directly tabulate 
                any voted ballot which is transmitted to an election 
                official online.
                    ``(C) Rule of construction.--Nothing contained in 
                this paragraph shall be deemed to prohibit the 
                Commission from conducting the studies under section 
                242 or to conduct other similar studies under any other 
                provision of law in a manner consistent with this 
                paragraph.''.
    (b) Effective Date.--Section 301(d)(1) of such Act (52 U.S.C. 
21081(d)(1)), as amended by section 2(b) and section 3(b), is further 
amended by striking ``paragraph (7) of subsection (a)'' and inserting 
``paragraphs (7) and (10) of subsection (a)''.
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