[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7905 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7905
To amend the Help America Vote Act of 2002 to direct the Election
Assistance Commission to make payments to States to assist in
administering elections during the COVID-19 Pandemic, to direct the
Election Assistance Commission to adopt voluntary guidelines for use of
nonvoting election technology, to prohibit payments under such Act to
States which do not prohibit ballot harvesting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2020
Mr. Rodney Davis of Illinois (for himself, Mr. Young, Mr. Garcia of
California, Mr. Chabot, Ms. Stefanik, Mr. Meuser, Mr. Nunes, Mr.
McCaul, Mr. Calvert, Mr. Guthrie, and Mr. Diaz-Balart) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to direct the Election
Assistance Commission to make payments to States to assist in
administering elections during the COVID-19 Pandemic, to direct the
Election Assistance Commission to adopt voluntary guidelines for use of
nonvoting election technology, to prohibit payments under such Act to
States which do not prohibit ballot harvesting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Assistance for Safe Elections Act'' or the ``EASE Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FUNDING FOR ELECTION ADMINISTRATION
Sec. 101. Payments to States to assist in administering elections
during COVID-19 Pandemic.
``Part 7--Assistance in Administering Elections During COVID-19
Pandemic
``Sec. 297. Student loan repayments on behalf of volunteer poll
workers and absentee ballot tabulators in
2020 general elections.
``Sec. 297A. Voter registration list maintenance.
``Sec. 297B. Protection from COVID-19.
``Sec. 297C. General provisions.
Sec. 102. Sense of Congress regarding exclusion of poll worker income
from determination of eligibility for
unemployment insurance.
TITLE II--VOTING TECHNOLOGY
Sec. 201. Voluntary guidelines for use of nonvoting election
technology.
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Emerging Election Technology Committee.
``Sec. 298B. Nonvoting election technology defined.
Sec. 202. Status reports by National Institute of Standards and
Technology.
Sec. 203. Establishment of Election Cyber Assistance Unit in Election
Assistance Commission.
Sec. 204. Certification program in election administration or
cybersecurity.
TITLE III--ELECTION FRAUD PREVENTION
Sec. 301. Findings.
Sec. 302. Prohibition on payments to States allowing collection and
transmission of ballots by certain third
parties.
TITLE I--FUNDING FOR ELECTION ADMINISTRATION
SEC. 101. PAYMENTS TO STATES TO ASSIST IN ADMINISTERING ELECTIONS
DURING COVID-19 PANDEMIC.
(a) Payments.--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 new part:
``PART 7--ASSISTANCE IN ADMINISTERING ELECTIONS DURING COVID-19
PANDEMIC
``SEC. 297. STUDENT LOAN REPAYMENTS ON BEHALF OF VOLUNTEER POLL WORKERS
AND ABSENTEE BALLOT TABULATORS IN 2020 GENERAL ELECTIONS.
``(a) Repayments by Election Assistance Commission.--The Commission
shall make a payment to each eligible State for the costs incurred by
the State in repaying (by direct payments on behalf of a qualified
student volunteer) a portion of a student loan previously taken out by
an individual who serves as a qualified student volunteer with respect
to a regularly scheduled general election for Federal office held in
the State in November 2020.
``(b) Eligibility.--A State is eligible to receive a payment under
this section if the State submits to the Commission, at such time and
in such form as the Commission may require, an application containing
such information and assurances as the Commission may require.
``(c) Amount of Repayment.--Subject to the amount of the payment
made to the State under subsection (d), the amount of the costs the
State incurs on behalf of a qualified student volunteer for purposes of
subsection (a) shall be equal to the product of--
``(1) a repayment rate established by the Commission; and
``(2) the number of hours the volunteer serves as a
volunteer poll worker or as a volunteer absentee ballot
tabulator, as certified to the Commission by the appropriate
State or local election official.
``(d) Amount of Payment.--
``(1) In general.--Subject to paragraph (2), the amount of
a payment made to a State under this section shall be equal to
the product of--
``(A) the total amount appropriated for such
payments pursuant to the authorization under subsection
(e); and
``(B) the State allocation percentage for the
State.
``(2) Minimum amount of payment.--The amount of a payment
made to a State under this section may not be less than--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
total amount appropriated for such payments; or
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such total amount.
``(3) Pro rata reductions.--The Commission shall make such
pro rata reductions to the allocations determined under
paragraph (1) as are necessary to comply with the requirements
of paragraph (2).
``(e) Qualified Student Volunteer Defined.--In this section, a
`qualified student volunteer' means an individual--
``(1) who, as certified to the Commission by the
appropriate State or local election official, serves--
``(A) as a volunteer poll worker at a polling
place, including any location at which voters may cast
ballots prior to the date of the election, or
``(B) as a volunteer absentee ballot tabulator, as
certified to the Commission by the appropriate State or
local election official; and
``(2) at the time of serving as a volunteer poll worker or
volunteer absentee ballot tabulator, is enrolled at an
institution of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002)).
``(f) Application of Regulations Under Student Loan Repayment
Program for Federal Employees.--In carrying out the program under this
section, the Commission may make applicable such provisions of section
5379 of title 5, United States Code, as the Commission considers
appropriate.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for payments under this section.
``SEC. 297A. VOTER REGISTRATION LIST MAINTENANCE.
``(a) Payments.--
``(1) In general.--The Commission shall make a payment to
each eligible State for carrying out maintenance of the
computerized Statewide voter registration list under section
303 and carrying out programs under section 8 of the National
Voter Registration Act of 1993 (52 U.S.C. 20507) to ensure the
accuracy of voter registration lists in the State.
``(2) Availability of payments to states without voter
registration.--In the case of an eligible State in which, under
a State law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration
requirement for individuals in the State with respect to
elections for Federal office, an eligible State shall use the
payment under this section for carrying out activities to
protect polling places in the State, and individuals present in
such polling places, from exposure to SARS-CoV-2 or COVID-19
(as described in section 297B).
``(b) Eligibility.--A State is eligible to receive a payment under
this section if the State submits to the Commission, at such time and
in such form as the Commission may require, an application containing
such information and assurances as the Commission may require.
``(c) Amount of Payment.--
``(1) In general.--Subject to paragraph (2), the amount of
a payment made to a State under this section shall be equal to
the product of--
``(A) the total amount appropriated for such
payments pursuant to the authorization under subsection
(d); and
``(B) the State allocation percentage for the
State.
``(2) Minimum amount of payment.--The amount of a payment
made to a State under this section may not be less than--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
total amount appropriated for such payments; or
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such total amount.
``(3) Pro rata reductions.--The Commission shall make such
pro rata reductions to the allocations determined under
paragraph (1) as are necessary to comply with the requirements
of paragraph (2).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for payments under this section.
``SEC. 297B. PROTECTION FROM COVID-19.
``(a) Payments.--The Commission shall make the following payments
to each eligible State:
``(1) A payment for the chief State election official to
for carrying out Statewide activities to protect polling places
in the State, and individuals present in such polling places,
from exposure to SARS-CoV-2 or COVID-19.
``(2) A payment for the chief State election official to
pass through to local jurisdictions in the State for carrying
out a plan prepared by the chief State election official and
approved by the Commission to protect polling places in the
jurisdiction, and individuals present in such polling places,
from exposure to SARS-CoV-2 or COVID-19.
``(b) Eligibility.--A State is eligible to receive a payment under
this section if the State submits to the Commission, at such time and
in such form as the Commission may require, an application containing
such information and assurances as the Commission may require.
``(c) Amount of Payment.--
``(1) In general.--Subject to paragraph (2), the amount of
a payment made to a State under paragraph (1) or paragraph (2)
of subsection (a) shall be equal to the product of--
``(A) the total amount appropriated for payments
under such paragraph pursuant to the authorization
under subsection (d); and
``(B) the State allocation percentage for the
State.
``(2) Minimum amount of payment.--The amount of a payment
made to a State under paragraph (1) or paragraph (2) of
subsection (a) may not be less than--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
total amount appropriated for payments under such
paragraph; or
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such total amount.
``(3) Pro rata reductions.--The Commission shall make such
pro rata reductions to the allocations determined under
paragraph (1) as are necessary to comply with the requirements
of paragraph (2).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for payments under this section, of which--
``(1) $100,000,000 is authorized to be appropriated for
payments under paragraph (1) of subsection (a); and
``(2) $100,000,000 is authorized to be appropriated for
payments under paragraph (2) of subsection (a).
``SEC. 297C. GENERAL PROVISIONS.
``(a) Definitions.--
``(1) State.--In this part, the term `State' means each
State, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
``(2) State allocation percentage.--In this part, the term
`State allocation percentage' means, with respect to a State,
the amount (expressed as a percentage) equal to the quotient
of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(b) Continuing Availability of Funds After Appropriation.--A
payment made to a State under this part shall be available to the State
without fiscal year limitation.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``Part 7--Assistance in Administering Elections During COVID-19
Pandemic
``Sec. 297. Student loan repayments on behalf of volunteer poll workers
and absentee ballot tabulators in 2020
general elections.
``Sec. 297A. Voter registration list maintenance.
``Sec. 297B. Protection from COVID-19.
``Sec. 297C. General provisions.''.
SEC. 102. SENSE OF CONGRESS REGARDING EXCLUSION OF POLL WORKER INCOME
FROM DETERMINATION OF ELIGIBILITY FOR UNEMPLOYMENT
INSURANCE.
Because the Nation is in an unprecedented battle against COVID-19,
it is the Sense of Congress that State legislatures should be
encouraged to revisit their unemployment insurance systems to ensure
that any volunteer who receives compensation for services as a poll
worker does not fail to qualify for such unemployment insurance solely
on the basis of service as a poll worker.
TITLE II--VOTING TECHNOLOGY
SEC. 201. VOLUNTARY GUIDELINES FOR USE OF NONVOTING ELECTION
TECHNOLOGY.
(a) Adoption of Voluntary Guidelines by Election Assistance
Commission.--Title II of the Help America Vote Act of 2002 (52 U.S.C.
20921 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations of the Emerging Election
Technology Committee under section 298A.
``(b) Review.--The Commission shall review and update the
guidelines adopted under this subtitle not less frequently than once
every 2 years.
``(c) Process for Adoption.--The adoption of the voluntary
guidelines under this subtitle shall be carried out by the Commission
in a manner that provides for each of the following:
``(1) Publication of notice of the proposed guidelines in
the Federal Register.
``(2) An opportunity for public comment on the proposed
guidelines.
``(3) An opportunity for a public hearing on the record.
``(4) Publication of the final recommendations in the
Federal Register.
``(d) Deadline for Initial Set of Guidelines.--The Commission shall
adopt the initial set of voluntary guidelines under this section not
later than June 1, 2021.
``SEC. 298A. EMERGING ELECTION TECHNOLOGY COMMITTEE.
``(a) Establishment.--There is established in the Commission the
Emerging Election Technology Committee (hereafter in this section
referred to as the `Technology Committee').
``(b) Duties.--The Technology Committee shall assist the Commission
in the adoption of voluntary guidelines under section 298, including by
providing the Commission with recommendations on appropriate standards
for the use of nonvoting election technology, including standards to
ensure the security and promote the usability of such technology.
``(c) Membership.--
``(1) In general.--The Technology Committee shall be
composed of members appointed by the Commission as follows:
``(A) Each member shall have expertise in the
operation of nonvoting election technology.
``(B) At least three of the members shall be State
or local election officials.
``(C) At least four of the members shall be
individuals who are not employees of the Commission.
``(2) Number.--The number of members of the Technology
Committee shall be determined by the Commission.
``(3) Quorum.--A majority of the members of the Technology
Committee shall constitute a quorum, except that the Technology
Committee may not conduct any business prior to the appointment
of all of its members.
``(d) Chair.--The members of the Technology Committee shall select
one of the members to serve as chair of the Committee.
``(e) No Compensation for Service.--Members of the Technology
Committee shall not receive any compensation for their service, but
shall be paid travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of
services for the Committee.
``SEC. 298B. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' means
technology used in the administration of elections for Federal office
which is not used directly in the casting, counting, tabulating, or
collecting of ballots or votes, including each of the following:
``(1) Electronic pollbooks.
``(2) Election result reporting systems.
``(3) Electronic ballot delivery systems.
``(4) Online voter registration systems.
``(5) Polling place location search systems.
``(6) Sample ballot portals.
``(7) Such other technology as may be recommended for
treatment as nonvoting election technology as the Emerging
Election Technology Committee may recommend.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title II the
following:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Emerging Election Technology Committee.
``Sec. 298B. Nonvoting election technology defined.''.
SEC. 202. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971)
is amended by adding at the end the following new subsection:
``(e) Status Reports by National Institute of Standards and
Technology.--Not later than 60 days after the end of each fiscal year
(beginning with 2020), the Director of the National Institute of
Standards and Technology shall submit to Congress a status report
describing--
``(1) the extent to which the Director carried out the
Director's responsibilities under this Act during the fiscal
year, including the responsibilities imposed under this section
and the responsibilities imposed with respect to the Technical
Guidelines Development Committee under section 222, together
with the Director's best estimate of when the Director will
completely carry out any responsibility which was not carried
out completely during the fiscal year; and
``(2) the extent to which the Director carried out any
projects requested by the Commission during the fiscal year,
together with the Director's best estimate of when the Director
will complete any such project which the Director did not
complete during the fiscal year.''.
SEC. 203. ESTABLISHMENT OF ELECTION CYBER ASSISTANCE UNIT IN ELECTION
ASSISTANCE COMMISSION.
(a) In General.--Subtitle A of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end
the following new part:
``PART 4--ELECTION CYBER ASSISTANCE UNIT
``SEC. 225. ELECTION CYBER ASSISTANCE UNIT.
``(a) Establishment.--There is established in the Commission the
Election Cyber Assistance Unit (hereafter in this part referred to as
the `Unit').
``(b) Duties.--The Unit will provide State and local election
officials in various geographic regions of the United States with
access to risk-management, resiliency, and technical support services
provided by election administration and cybersecurity experts who will
be based in such regions and who may provide such services in person,
by telephone, or online.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle A of
title II the following:
``Part 4--Election Cyber Assistance Unit
``Sec. 225. Election Cyber Assistance Unit.''.
SEC. 204. CERTIFICATION PROGRAM IN ELECTION ADMINISTRATION OR
CYBERSECURITY.
(a) Establishment of Program.--Subtitle C of title II of the Help
America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended by adding
at the end the following new section:
``SEC. 248. CERTIFICATION PROGRAM IN ELECTION ADMINISTRATION OR
CYBERSECURITY.
``(a) Establishment.--The Commission shall establish and operate a
program to provide a certification in election administration or
election cybersecurity to election officials and their employees who
meet standards and criteria established by the Commission.
``(b) Use of Partnerships.--The Commission may carry out the
program under this section in partnership with qualified entities,
including institutions of higher education (as defined under section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit
and for-profit organizations with expertise in election administration
and election cybersecurity.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $1,000,000 for fiscal year 2021; and
``(2) such sums as may be necessary for fiscal years 2022
through 2028.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle C of
title II the following:
``Sec. 248. Certification program in election administration or
cybersecurity.''.
TITLE III--ELECTION FRAUD PREVENTION
SEC. 301. FINDINGS.
Congress finds that--
(1) the right to vote is a fundamental right of citizens of
the United States;
(2) it is the responsibility of the State and Federal
Governments to ensure that elections are conducted with
integrity;
(3) the Committee on House Administration of the House of
Representatives, which is charged with investigating election
irregularities, received reports through its official Election
Observer Program for the 2018 general election that individuals
other than voters themselves were depositing large amounts of
absentee ballots at polling places throughout California, a
practice colloquially known as ``ballot harvesting'';
(4) the practice of ballot harvesting in California creates
significant vulnerabilities in the chain-of-custody of ballots
because individuals collecting ballots are not required to be
registered voters and are not required to identify themselves
at a voter's home, and the State does not track how many
ballots are harvested in an election;
(5) in North Carolina, a congressional election was
invalidated due to fraud associated with ballot harvesting
committed by a political operative, and it is unlikely such
activity would have been detected were it not for the
prohibition against ballot harvesting in the State; and
(6) ballot harvesting invites electioneering activity at
home and creates the possibility of undue influence over voters
by political operatives.
SEC. 302. PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND
TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.
(a) In General.--Title IX of the Help America Vote Act of 2002 (52
U.S.C. 21141 et seq.) is amended--
(1) by redesignating section 906 as section 907; and
(2) by inserting after section 905 the following new
section:
``SEC. 906. PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND
TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--A State (including the Commonwealth of the
Northern Mariana Islands) is not eligible to receive funds under this
Act unless the State has in effect a law that prohibits an individual
from the knowing collection and transmission of 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) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means 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) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 906 as
relating to section 907; and
(2) by inserting after the item relating to section 905 the
following:
``Sec. 906. Prohibition on payments to States allowing collection and
transmission of ballots by certain third
parties.''.
<all>