[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4789 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4789
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 HOUSE OF REPRESENTATIVES
July 29, 2021
Ms. Tenney (for herself, Mr. Kustoff, and Mr. Banks) introduced the
following bill; which was referred to the Committee on House
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.''.
<all>