[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3257 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3257
To amend the Help America Vote Act of 2002 to prohibit States from
using in the administration of an election for Federal office
proprietary voting system hardware or software which prevents the
system from meeting the voluntary voting system guidelines for
interoperability and auditability issued by the Election Assistance
Commission under such Act, a voting system whose hardware and software
components are manufactured, maintained, or serviced outside the United
States, or a voting system which is connected to the internet.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Posey introduced the following bill; which was referred to the
Committee on House Administration
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A BILL
To amend the Help America Vote Act of 2002 to prohibit States from
using in the administration of an election for Federal office
proprietary voting system hardware or software which prevents the
system from meeting the voluntary voting system guidelines for
interoperability and auditability issued by the Election Assistance
Commission under such Act, a voting system whose hardware and software
components are manufactured, maintained, or serviced outside the United
States, or a voting system which is connected to the internet.
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 ``Election Integrity Act of 2023''.
SEC. 2. PROHIBITING USE OF PROPRIETARY VOTING SYSTEM HARDWARE OR
SOFTWARE NOT ENABLING AUDITS.
(a) Prohibition.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following
new paragraph:
``(7) Prohibiting use of proprietary hardware or software
not meeting voluntary guidance for interoperability and
auditability.--The voting system may not use any proprietary
hardware or software unless the manufacturer of the hardware or
software provides the appropriate election official with such
information and assistance as the official may require to
enable the voting system to be interoperable and auditable in
accordance with the most recent voluntary voting system
guidelines issued by the Commission under this title.''.
(b) Effective Date.--Section 301(d) of such Act (52 U.S.C.
21081(d)) is amended by striking the period at the end and inserting
the following: ``, or, in the case of the requirements of paragraph (7)
of subsection (a), on and after January 1, 2024.''.
SEC. 3. PROHIBITING USE OF VOTING SYSTEM PRODUCED BY FOREIGN ENTITY IN
ELECTIONS FOR FEDERAL OFFICE.
(a) Prohibition.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 2(a), is further
amended by adding at the end the following new paragraphs:
``(8) System hardware and software manufactured and
maintained in united states.--All of the hardware components
and all of the software components of the system shall be
manufactured in the United States and shall be maintained and
serviced only by persons who are in the United States.
``(9) System not produced by foreign entity.--
``(A) In general.--The voting system may not be
produced by a foreign entity.
``(B) Foreign entity defined.--In subparagraph (A),
the term `foreign entity' means any of the following:
``(i) A foreign national.
``(ii) Any corporation which is not a
foreign national and in which a foreign
national or an alien directly or indirectly
owns or controls any voting share.
``(iii) Any corporation which is not a
foreign national and with respect to which any
of the members of the board of directors are
foreign nationals or aliens.
``(iv) Any corporation which is not a
foreign national and over which one or more
foreign nationals or aliens has the power to
direct, dictate, or control the decision-making
process of the corporation with respect to its
interests in the United States.
``(C) Foreign national defined.--In this paragraph,
the term `foreign national' has the meaning given such
term in section 1(b) of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 611(b)), except that
such term shall not include any individual who is a
citizen of the United States.
``(D) Alien defined.--In this paragraph, the term
`alien' means an individual who is not a citizen of the
United States or a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act), and who is not lawfully admitted for
permanent residence (as defined in section 101(a)(20)
of such Act).''.
(b) Effective Date.--Section 301(d) of such Act (52 U.S.C.
21081(d)), as amended by section 2(b), is further amended to read as
follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006,
or, in the case of the requirements of paragraph (7) of
subsection (a), on and after January 1, 2024.
``(2) Special rule for requirements relating to foreign
entities.--In the case of the requirements of paragraphs (8)
and (9) of subsection (a), each State and jurisdiction shall be
required to comply with such requirements on and after the date
of the enactment of the Election Integrity Act of 2023.''.
SEC. 4. PROHIBITING CONNECTION OF VOTING SYSTEMS TO INTERNET.
(a) Prohibition.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 2(a) and section 3(a),
is further amended by adding at the end the following new paragraph:
``(10) Prohibiting connection of system to the internet.--
``(A) In general.--No system or device upon which
ballots are programmed or votes are cast or tabulated
shall be connected to the internet at any time.
``(B) Prohibiting acceptance of ballots transmitted
online.--The voting system may not directly tabulate
any voted ballot which is transmitted to an election
official online.
``(C) Rule of construction.--Nothing contained in
this paragraph shall be deemed to prohibit the
Commission from conducting the studies under section
242 or to conduct other similar studies under any other
provision of law in a manner consistent with this
paragraph.''.
(b) Effective Date.--Section 301(d)(1) of such Act (52 U.S.C.
21081(d)(1)), as amended by section 2(b) and section 3(b), is further
amended by striking ``paragraph (7) of subsection (a)'' and inserting
``paragraphs (7) and (10) of subsection (a)''.
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