[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4574 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4574
To amend title 18, United States Code, to increase penalties for crimes
against federally protected activities relating to voting and the
conduct of elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2022
Ms. Collins (for herself, Mr. Manchin, Mr. Portman, Ms. Sinema, Mr.
Romney, Mrs. Shaheen, Ms. Murkowski, Mr. Warner, Mr. Tillis, Mr.
Murphy, Mr. Cardin, and Mr. Coons) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to increase penalties for crimes
against federally protected activities relating to voting and the
conduct of elections, 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 ``Enhanced Election
Security and Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENHANCED PENALTIES TO PROTECT OUR ELECTIONS ACT
Sec. 101. Short title.
Sec. 102. Enhanced penalties for crimes against federally protected
activities relating to voting and the
conduct of elections.
TITLE II--POSTAL SERVICE ELECTION IMPROVEMENT ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Best practices guidance for Federal election mail.
Sec. 204. Election mail services from the Postal Service.
Sec. 205. Creation of standardized Federal ballot mail parameters and
features.
Sec. 206. Ballot search and certification.
Sec. 207. Federal election mail processing.
Sec. 208. Postmark required on all Federal ballots.
Sec. 209. No cause of action.
TITLE III--REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION
Sec. 301. Reauthorization of Election Assistance Commission.
Sec. 302. Requiring penetration testing as part of the testing and
certification of voting systems.
TITLE IV--PROTECTIONS FOR ELECTION RECORDS, PAPERS, AND VOTING SYSTEMS
Sec. 401. Short title.
Sec. 402. Protection for election records, papers, and voting systems.
TITLE I--ENHANCED PENALTIES TO PROTECT OUR ELECTIONS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Enhanced Penalties to Protect Our
Elections Act''.
SEC. 102. ENHANCED PENALTIES FOR CRIMES AGAINST FEDERALLY PROTECTED
ACTIVITIES RELATING TO VOTING AND THE CONDUCT OF
ELECTIONS.
Section 245(b) of title 18, United States Code, is amended in the
matter following paragraph (5) by inserting ``(or, in the case of a
violation of paragraph (1)(A), two years)'' after ``one year''.
TITLE II--POSTAL SERVICE ELECTION IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Postal Service Election
Improvement Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Covered election.--The term ``covered election'' means
an election for Federal office.
(2) Election mail advisor.--The term ``Election Mail
Advisor'' means an individual designated under section 204(b).
(3) Election official.--The term ``election official''
means an individual responsible for overseeing voting in a
covered election in a State, locality, or Tribal territory.
(4) Federal election mail.--The term ``Federal election
mail''--
(A) means any item mailed to or from an authorized
election official that enables citizens to participate
in the voting process with respect to a covered
election; and
(B) includes a ballot, voter registration card,
absentee voting application, and polling place
notification.
(5) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(6) Postal service.--The term ``Postal Service'' means the
United States Postal Service.
(7) State.--The term ``State'' has the meaning given that
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
SEC. 203. BEST PRACTICES GUIDANCE FOR FEDERAL ELECTION MAIL.
(a) In General.--Not later than September 30 of each odd-numbered
year, the Postal Service shall issue best practices for State, local,
and Tribal governments, in light of the capabilities of the Postal
Service, regarding--
(1) optimal timing for voters to request and return
absentee or mail-in ballots through the mail for covered
elections, based on the established service standards of the
Postal Service;
(2) the design, physical standards, and format of the
envelopes containing physical voting materials for covered
elections that may be processed through the mail, such as
ballot envelopes;
(3) the use of identifying information to designate Federal
election mail for more efficient processing; and
(4) other topics the Postal Service may identify to improve
the efficiency of Federal election mail.
(b) Postal Service Authority.--Nothing in subsection (a) shall
prevent the Postal Service from updating the best practices issued
under that subsection as appropriate following the date of issuance.
(c) Recipients.--The Postal Service shall make publicly available
the best practices issued under subsection (a), and shall provide
specific notice of the best practices to--
(1) State, local, and Tribal election officials;
(2) the chief executive officer of each State; and
(3) majority and minority leadership of each State
legislature.
SEC. 204. ELECTION MAIL SERVICES FROM THE POSTAL SERVICE.
(a) In General.--The Postal Service shall coordinate Federal
election mail services to include the following:
(1) Designation of employees to coordinate with relevant
processing plants, post offices, retail units, delivery units,
managers, supervisors, and other postal employees to--
(A) ensure all Federal election mail is handled in
an appropriate manner;
(B) develop metrics and internal reporting
requirements, as necessary, to ensure Federal election
mail processing and handling comply with applicable
regulations and guidelines of the Postal Service; and
(C) ensure any extraordinary measures to process
Federal election mail are appropriately carried out
according to the regulations and guidelines of the
Postal Service.
(2) Assistance of election officials by Election Mail
Advisors from the appropriate geographic offices of the Postal
Service with facilitating Federal election mail.
(3) Advice for election officials by mailpiece design
analysts, in coordination with the relevant Election Mail
Advisor, on--
(A) how to improve the tracking and visibility of
mail-in ballots for covered elections; and
(B) verification that ballot mail envelope designs
are consistent with the standardized parameters and
features created under section 205.
(b) Election Mail Advisors.--
(1) Number of election mail advisors.--
(A) Minimum number of election mail advisors per
state.--The Postal Service shall designate not less
than 1 dedicated Election Mail Advisor for each State.
(B) Determination of number of election mail
advisors per state.--In determining the number of
Election Mail Advisors to designate for a State, the
Postal Service shall take into account the population
and the organization of the election administration of
the State to ensure that a sufficient number of
Election Mail Advisors are designated.
(2) Duties of election mail advisor.--An Election Mail
Advisor shall provide information, guidance, and coordination
to assist election officials in managing the use of Federal
election mail in the applicable jurisdiction, including--
(A) providing the election officials with detailed
information on--
(i) service standards and other relevant
service-related information for the region
relating to the processing of Federal election
mail that would assist election officials in
managing covered elections;
(ii) best practices issued under section
203; and
(iii) Postal Service regulations,
guidelines, and processes for handling Federal
election mail; and
(B) performing any other duties assigned by the
Postal Service to improve the ability of election
officials to manage covered elections in their
respective jurisdictions.
SEC. 205. CREATION OF STANDARDIZED FEDERAL BALLOT MAIL PARAMETERS AND
FEATURES.
(a) In General.--The Postal Service shall create standardized
ballot envelope design parameters and features for blank outbound
ballots and for returning inbound ballots that a State may choose to
use in covered elections.
(b) Tracking for Standardized Ballot Envelope.--The standardized
ballot envelope design parameters under subsection (a) shall include
the ability to incorporate tracking technology.
SEC. 206. BALLOT SEARCH AND CERTIFICATION.
(a) Ballot Identification.--During the period beginning not later
than 14 days before the date of a covered election and ending not
earlier than 7 days after the last date on which the State accepts
ballots cast in that covered election, the Postal Service shall conduct
daily inspections for ballots in each Postal Service facility that
processes Federal election mail in any Postal Service district in which
the covered election is being held to ensure that each ballot scheduled
to depart the facility that day has departed the facility.
(b) Certification.--Each day during a period described in
subsection (a), the manager or supervisor in charge of a Postal Service
facility described in that subsection shall certify in a record
maintained by the Postal Service that each ballot scheduled to depart
the facility that day has departed the facility.
SEC. 207. FEDERAL ELECTION MAIL PROCESSING.
(a) Processing Preceding Elections for Federal Office.--During the
90-day period preceding a general election for Federal office, the
Postal Service may not--
(1) implement any service standard changes that would slow
the delivery of Federal election mail;
(2) take any steps that would meaningfully interfere with
the ability of the Postal Service to achieve its service
standards; or
(3) engage in activity that would meaningfully interfere
with the ability of the Postal Service to prioritize monitoring
and timely delivery of Federal election mail.
(b) Sunday Processing.--The Postal Service shall collect and
process the mail in a Postal Service district on the Sunday before a
general election is held in that district.
(c) Extended Hours.--The Postal Service shall coordinate with
election officials and may operate on extended hours, as necessary, to
process Federal election mail in advance of a covered election.
SEC. 208. POSTMARK REQUIRED ON ALL FEDERAL BALLOTS.
The Postal Service shall implement procedures designed to apply a
physical postmark or other physical indicia bearing a legible date to
each identifiable envelope containing a ballot when returned by mail
for a covered election to the maximum extent practicable.
SEC. 209. NO CAUSE OF ACTION.
No provision of this title shall--
(1) be binding on any State, local, or Tribal government;
or
(2) be construed to create any right or benefit,
substantive or procedural, enforceable at law or in equity by
any party against the United States, the Postal Service, or a
State, local, or Tribal government, a department, agency,
entity, officer, employee, or agent thereof, or any other
person.
TITLE III--REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION
SEC. 301. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended--
(1) by inserting ``, and for each of the fiscal years 2023
through 2027,'' after ``2005''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 302. REQUIRING PENETRATION TESTING AS PART OF THE TESTING AND
CERTIFICATION OF VOTING SYSTEMS.
Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C.
20971(a)) is amended by adding at the end the following new paragraph:
``(3) Required penetration testing.--The Commission shall
provide for the conduct of penetration testing as part of the
testing, certification, decertification, and recertification of
voting system hardware and software by accredited laboratories
under this section.''.
TITLE IV--PROTECTIONS FOR ELECTION RECORDS, PAPERS, AND VOTING SYSTEMS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Election Records Protection Act''.
SEC. 402. PROTECTION FOR ELECTION RECORDS, PAPERS, AND VOTING SYSTEMS.
(a) In General.--
(1) In general.--Title III of the Civil Rights Act of 1960
(52 U.S.C. 20701 et seq.) is amended by adding at the end the
following new section:
``SEC. 307. RECORDS.
``As used in this title, the term `record' includes any electronic
record.''.
(2) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, shall issue informal guidance regarding compliance
with section 301 of the Civil Rights Act of 1960 (52 U.S.C.
20701), including recommendations for retaining and preserving
records (including electronic records) and papers.
(b) Increased Penalty for Willful Failure To Retain and Preserve
Election Records.--Section 302 of the Civil Rights Act of 1960 (52
U.S.C. 20702) is amended--
(1) by striking ``$1,000'' and inserting ``$10,000''; and
(2) by striking ``one year'' and inserting ``two years''.
(c) Penalty for Theft, Destruction, Concealment, Mutilation, or
Alteration of Voting Systems.--Section 12(2) of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the comma at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the theft, destruction, concealment,
mutilation, or alteration of voting systems;''.
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