[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4544 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4544
To amend the Help America Vote Act of 2002 to prohibit the use of
Federal funds for election administration in States that permit ballot
harvesting.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Mr. Edwards introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to prohibit the use of
Federal funds for election administration in States that permit ballot
harvesting.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This section may be cited as the ``No Federal
Funds for Ballot Harvesting Act''.
(b) Findings.--Congress finds that--
(1) the right to vote is a fundamental right of citizens of
the United States, as described by the Constitution of the
United States;
(2) 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 and the 2020
general election, as well as from other stakeholders, that
individuals other than voters themselves were depositing large
amounts of absentee ballots at polling places throughout
California and other States, a practice colloquially known as
``ballot harvesting'';
(3) the practice of ballot harvesting 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;
(4) 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;
(5) ballot harvesting invites electioneering activity at
home and weakens States' long-standing voter protection
procedures, which remain in place at polling locations,
creating the possibility of undue influence over voters by
political operatives and other bad actors; and
(6) the Supreme Court of the United States has affirmed
State authority to restrict ballot harvesting (Brnovich v.
Democratic National Committee, 141 S. Ct. 2321 (2021)).
SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION ADMINISTRATION
IN STATES THAT PERMIT BALLOT HARVESTING.
(a) In General.--The Help America Vote Act of 2002 (52 U.S.C. 20901
et seq.) is amended by adding at the end the following new section:
``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION
FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF
BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be used to administer any election for Federal office
in a State 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 or
other commercial common carrier engaged in similar activities
while engaged in duties 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 by adding at the end the following new item:
``Sec. 908. Prohibition on Federal funds for election administration
for States allowing collection and
transmission of ballots by certain third
parties.''.
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