[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3450-S3451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2007. Mr. HAGERTY submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--PROTECT ELECTORAL COLLEGE ACT
SEC. __01. SHORT TITLE.
This title may be cited as the ``Protecting the Right to
Organized, Transparent Elections through a Constitutionally
Trustworthy Electoral College Act (PROTECT Electoral College
Act)''.
SEC. __02. 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. __03. 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:
[[Page S3451]]
``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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