118 S1318 IS: Election Worker Protection Act of 2023
U.S. Senate
2023-04-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1318
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself, Mr. Durbin, Mr. King, Mr. Markey, Mr. Reed, Mr. Blumenthal, Mrs. Shaheen, Mr. Bennet, Mr. Welch, Mrs. Feinstein, Mrs. Murray, Mr. Hickenlooper, Mr. Sanders, Mr. Warner, Mr. Padilla, Ms. Warren, Mr. Schatz, Ms. Smith, Mr. Merkley, Mr. Whitehouse, Ms. Stabenow, Ms. Hirono, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration
A BILL
To provide enhanced protections for election workers.
1.

Short title
This Act may be cited as the “Election Worker Protection Act of 2023”.
2.

Definitions
In this Act:
(1)

Election worker
The term “election worker” means an individual who is an election official, poll worker, or an election volunteer in connection with the administration of an election for a Federal office.
(2)

Personally identifiable information
The term “personally identifiable information” has the meaning given the term “restricted personal information” in section 119 of title 18, United States Code.
3.

Grants to States for election worker recruitment, training, and safety
(a)

In general
Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following:
“7

Election worker recruitment, training, and safety
297.

Grants to States for poll worker and election volunteer recruitment and training
(a)

In general
Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2023, 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 and election volunteers on dates of elections for public office.
(b)

Use of Commission materials and training program development
(1)

In general
In carrying out activities using funds under a grant provided under this section, the recipient of the grant shall—
(A)
use the materials prepared by the Commission on successful practices for poll worker and election volunteer recruiting, training, and retention as an interactive training tool; and
(B)
develop training programs with the participation and input of experts in adult learning.
(2)

Access and cultural considerations
The Commission shall ensure that the materials described in paragraph (1)(A) provide training in methods that will enable poll workers and election volunteers to provide access and delivery of services that meet the unique needs of each voter in a culturally competent manner with respect to each voter who uses the services, including voters who have limited English proficiency, are of diverse cultural or ethnic backgrounds, or have disabilities, regardless of gender, sexual orientation, or gender identity.
(c)

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, in such manner, and containing such information as the Commission may reasonably 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—
(i)
the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities;
(ii)
the State will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and
(iii)
the State will dedicate poll worker and election volunteer 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
(C)
provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.
(d)

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); divided by
(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).
(e)

Rules for States that do not submit an application and grants to political subdivisions
(1)

In general
If a State fails to submit an application under subsection (c) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section.
(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—
(i)
the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities;
(ii)
the political subdivision will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and
(iii)
the political subdivision will dedicate poll worker and election volunteer 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
(C)
provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.
(3)

Amount of grants for political subdivisions
The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as—
(A)
the aggregate amount made available for grants to States under this section; bears to
(B)
the voting age population percentage for the political subdivision of the State.
(f)

Reports to Congress
(1)

Relevant committees
In this subsection, the term “relevant committees” means—
(A)
the Committees on Rules and Administration and Appropriations of the Senate; and
(B)
the Committees on Administration and Appropriations of the House of Representatives.
(2)

Reports by recipients of grants
Not later than 180 days after the date on which the Commission makes a final grant under this section, the recipient shall submit a report to the Commission on the activities conducted with the funds provided under the grant.
(3)

Reports by Commission
Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding—
(A)
the grants made under this section;
(B)
the activities carried out by recipients using funds provided under the grants; and
(C)
such recommendations relating to recruitment and training of election workers as the Commission considers appropriate.
(g)

Funding
(1)

Authorization
There is authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available 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.
298.

Grants to States for election worker safety
(a)

In general
Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2023, the Commission shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for physical security services and social media threat monitoring for election workers.
(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, in such manner, and containing such information as the Commission may reasonably require.
(2)

Contents of application
Each application submitted under paragraph (1) shall—
(A)
describe the activities for which assistance under this section is sought; and
(B)
provide assurances that—
(i)
the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and
(ii)
the State will furnish the Commission with information on the number of individuals provided services under 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); divided by
(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)

Rules for States that do not submit an application and grants to political subdivisions
(1)

In general
If a State fails to submit an application under subsection (b) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section.
(2)

Contents of application
Each application submitted under paragraph (1) shall—
(A)
describe the activities for which assistance under this section is sought; and
(B)
provide assurances that—
(i)
the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and
(ii)
the political subdivision will furnish the Commission with information on the number of individuals provided services under this section.
(3)

Amount of grants for political subdivisions
The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as—
(A)
the aggregate amount made available for grants to States under this section; bears to
(B)
the voting age population percentage for the political subdivision of the State.
(e)

Reports to Congress
(1)

Relevant committees
In this subsection, the term “relevant committees” means—
(A)
the Committees on Rules and Administration and Appropriations of the Senate; and
(B)
the Committees on Administration and Appropriations of the House of Representatives.
(2)

Reports by recipients of grants
Not later than 180 days after the date on which the Commission makes a final grant under this section, the recipient shall submit a report to the Commission on the activities conducted with the funds provided under the grant.
(3)

Reports by Commission
Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding—
(A)
the grants made under this section;
(B)
the activities carried out by recipients using funds provided under the grants; and
(C)
such recommendations for physical security services and social media threat monitoring as the Commission considers appropriate.
(f)

Funding
There is authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available until expended.”.
(b)

Clerical amendment
The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to subtitle D of title II the following:
“PART 7—Election worker recruitment, training, and safety
Sec. 297. Grants to States for election worker recruitment and training.
Sec. 298. Grants to States for election worker safety.”.
4.

Department of Justice training resources for addressing threats to election workers
(a)

Review
Not later than 180 days after the date of enactment of this Act, the Attorney General shall review training resources provided to Federal, State, local, and Tribal law enforcement agencies and ensure that the Department of Justice offers programs that include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating threats to election workers.
(b)

Training
The Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting threats to election workers.
5.

Grant program to prevent disclosure of personal information of election workers
(a)

Authorization
Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish a program to provide grants to create or expand programs designed to protect the personally identifiable information of election workers to entities that—
(1)
are—
(A)
States or units of local government (as those terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251)); or
(B)
agencies of States or units of local government; and
(2)
operate a State or local database or registry that contains personally identifiable information.
(b)

Application
Each entity described in subsection (a) that desires a payment under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(c)

Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to provide grants to entities described in subsection (a) to create or expand programs designed to protect the personally identifiable information of election workers, including through—
(1)
the creation of programs to redact or remove the personally identifiable information of election workers, upon request, from public records maintained by State agencies, including by hiring third parties to redact or remove the personally identifiable information of election workers from public records;
(2)
the expansion of existing programs to protect personally identifiable information of election workers;
(3)
the development or improvement of protocols, procedures, and policies to prevent the release of personally identifiable information of election workers;
(4)
the defrayment of costs of modifying or improving existing databases and registries to ensure that personally identifiable information of election workers is protected from release; and
(5)
the development of confidential opt-out systems that allow election workers to request that personally identifiable information is not included in publicly accessible databases or registries.
(d)

Report
(1)

In general
Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes a detailed description of the amount spent by States and local governments using funds under this section relating to protection of personally identifiable information of election workers.
(2)

States and local governments
Not later than 180 days after the date on which a State or local government receives funds under this section, the State or local government shall submit to the Comptroller General a report that, with respect to that State or local government, contains the information described in paragraph (1) to be included in the report required under that paragraph.
6.

Harassment of election workers prohibited
(a)

In general
Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section:
“612.

Harassment of election workers
(a)

Election worker
For purposes of this section, the term “election worker” means an individual who is an election official, poll worker, or election volunteer in connection with an election for a Federal office.
(b)

Harassment of election workers
It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with that election worker while the election worker is engaged in the performance of official duties, or with intent to retaliate against the election worker on the basis of the performance of such duties.
(c)

Penalty
Any person who violates subsection (b) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.
(d)

Special agents
The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent to each field office of the Federal Bureau of Investigation to investigate threats against election workers.”.
(b)

Clerical amendment
The table of contents for chapter 29 of title 18, United States Code, is amended by adding at the end the following:
“612. Harassment of election workers.”.
7.

Making intimidation of tabulation, canvas, and certification efforts a crime
Section 12(1) of the National Voter Registration Act of 1993 (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”.
8.

Prohibition of doxxing of election workers
Section 119(b)(2) of title 18, United States Code, is amended—
(1)
in subparagraph (C), by striking “or”at the end;
(2)
in subparagraph (D), by inserting “or” at the end; and
(3)
by adding at the end the following new subparagraph:
“(E)
an election official, poll worker, or an election volunteer in connection with an election for a Federal office.”.
9.

Preventing poll observer interference
(a)

Voter protection 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)

In general
A State or local election official may remove a poll observer from a polling location for an election for Federal office or any location where processing, scanning, tabulating, canvassing, or certifying voting results in such an election is occurring on the basis that the State or local election official has a reasonable basis to believe that the observer—
(1)
has engaged in, or imminently will engage in, intimidation or deceptive practices prohibited by Federal law; or
(2)
has disrupted, or will disrupt, the voting, processing, scanning, tabulating, or canvassing of ballots or the certification of results.
(b)

Rule of construction
Nothing in subsection (a) may be construed to prevent a State or a unit of local government in a State from permitting the removal of a poll observer for reasons other than those described in subsection (a).
(c)

Effective date
This section shall apply with respect to elections for Federal office occurring on and after the date of enactment of the Election Worker Protection Act of 2023.”.
(b)

Conforming amendment relating to voluntary guidance
Section 311(b) of the Help America Vote Act of 2022 (52 U.S.C. 21101(b)) is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(4)
in the case of recommendations with respect to section 303A, January 1, 2024.”.
(c)

Clerical amendment
The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 303 the following:
“Sec. 303A. Voter protection requirements.”.