[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5407 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5407
To require certain States to submit a continuity of operations plan for
elections in the event of a major disaster, to require the Comptroller
General of the United States to report on assistance for election
administration in the event of a major disaster, and to require the
Election Assistance Commission to award grants to strengthen elections
against climate change-driven disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2025
Mr. Morelle (for himself, Ms. Sewell, Mrs. Torres of California, and
Ms. Johnson of Texas) introduced the following bill; which was referred
to the Committee on House Administration
_______________________________________________________________________
A BILL
To require certain States to submit a continuity of operations plan for
elections in the event of a major disaster, to require the Comptroller
General of the United States to report on assistance for election
administration in the event of a major disaster, and to require the
Election Assistance Commission to award grants to strengthen elections
against climate change-driven disasters, 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.
This Act may be cited as the ``Climate Resilient Elections Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In January 2017, the Department of Homeland Security
determined that the Nation's election infrastructure qualifies
as critical infrastructure for national security purposes.
(2) According to the Department of Homeland Security,
``[t]his designation recognizes that the United States'
election infrastructure is of such vital importance to the
American way of life that its incapacitation or destruction
would have a devastating effect on the country''.
(3) Election administration consistently faces substantial
threats because of severe natural disasters. Delayed elections
or damaged or destroyed polling places, voting machines,
ballots, or transportation and utility infrastructure may
disenfranchise voters, undermine confidence in elections, or
even alter election outcomes.
(4) Hurricane Sandy made landfall in New York and New
Jersey just days before the 2012 presidential election,
displacing as many as 776,000 residents and causing
unprecedented election administration challenges. The
jurisdictions most affected by Hurricane Sandy saw
significantly worse voter turnout in the 2012 presidential
election than those unaffected by the storm.
(5) In 2016, California experienced 12 major fires in the
three months leading up to Election Day. In 2018, the State
experienced 15 major fires leading up to Election Day. These
fires displaced voters, burned residences, and damaged polling
stations. Climate change has extended wildfire season in the
American west into the late Fall: On November 8, 2018, just two
days after Election Day, the Camp Fire ignited, eventually
claiming 85 lives and destroying over 18,000 structures--the
deadliest fire in California history. Evacuation orders because
of wildfires displace hundreds of thousands of voters each
year, well into the days leading up to the election.
(6) In 2018, Hurricane Michael hit the Florida panhandle
just 27 days before the midterm elections, causing at least 16
deaths, damaging or destroying an estimated 40,000 homes, and
resulting in approximately $25 billion in damages. The
destruction displaced tens of thousands of voters and forced
the closure of polling places, significantly depressing turnout
amongst voters recovering from the hurricane who were forced to
travel longer distances to cast a ballot.
(7) In 2021, Hurricane Ida forced the Governor of Louisiana
to delay several elections, scheduled for October, and relocate
and consolidate polling places due to devastating damage. In
the hardest hit parts of the State, some voters had to cast
their ballots in large tents because of the significant damage.
(8) In 2022, voters in Kentucky displaced by tornadoes that
ravaged the State in the months leading up to the primary
election had to vote absentee in order to cast a ballot in
their home counties.
(9) Hurricane Helene caused significant damage and
devastation throughout the southeastern United States--
particularly in Florida, Georgia, North Carolina, South
Carolina, Tennessee, and Virginia--when it made landfall in
September 2024. The hurricane's destruction was extreme,
occurring during the early and mail voting period for the
November 2024 elections and displacing thousands while
disrupting mail services for countless voters who rely on the
United States Postal Service to cast a ballot.
(10) Hurricane Milton caused billions of dollars in damage,
spawned numerous deadly tornadoes, and displaced countless
voters less than a month before the November 2024 elections.
(11) The United States Election Assistance Commission has
published a web page on contingency planning to help election
officials prepare for unexpected circumstances, including
natural and other disasters.
(12) The United States Forest Service has declared that
``[i]n the past 20 years, many States have had record
catastrophic wildfires, harming people, communities and natural
resources and causing billions of dollars in damage. In running
5-year average number of structures destroyed by wildfires each
year rose from 2,873 in 2014 to 12,255 in 2020--a fourfold
increase in just six years''. As these trends continue, the
impacts of climate change on American lives and American
infrastructure will grow.
(13) The National Oceanic and Atmospheric Administration
has cautioned that ``extreme weather events [caused by climate
change] that bring heavy rains, floods, wind, snow, or
temperature changes can stress existing structures and
facilities. Increased temperatures require more indoor cooling,
which can put stress on an energy grid. Sudden heavy rainfall
can lead to flooding that shuts down highways and major
business areas''. Each of these factors may strain election
infrastructure if they occur during a voting period.
(14) The Department of Defense has declared that ``[r]ising
temperatures, changing precipitation patterns, and more
frequent, extreme, and unpredictable weather conditions caused
by climate change are worsening existing security risks and
creating new challenges for the United States''. These security
risks and challenges are amplified when they threaten the
elections that form the bedrock of our Republic.
(15) The Department of Energy has noted that ``severe
weather--the leading cause of power outages and fuel supply
disruption in the United States--is projected to worsen, with
eight of the 10 most destructive hurricanes of all time having
happened in the last 10 years''. The catastrophic effects of
severe weather threaten the sanctity of American elections, and
we must ensure that our election systems are prepared for
worsening climate change-based weather events.
(16) The Department of the Interior has clarified that
``the climate crisis disproportionately affects underserved
communities''. These communities already face significant
barriers to the ballot.
(17) President Trump's budget request proposes the
elimination of the Election Security Grants funding program
that supports State and local election administration, in
addition to drastic cuts to the Election Assistance
Commission--cuts that would harm States' ability to conduct
secure, safe, and fair elections in the face of natural
disasters.
(18) It is incumbent upon election administrators
nationwide to ensure the resiliency of our elections--and
through our elections, our very democracy--in the face of the
worsening climate crisis.
SEC. 3. ENSURING ELECTION ADMINISTRATORS PREPARE AND RETAIN CONTINUITY
OF OPERATIONS PLANS FOR USE IN THE EVENT OF DISASTER.
(a) Requirement.--Title IX of the Help America Vote Act of 2002 (52
U.S.C. 21141 et seq.) is amended by adding at the end the following:
``SEC. 907. CONTINUITY OF OPERATIONS PLAN REQUIREMENT.
``(a) In General.--Each State that receives a grant or other
payment under this Act after the date of the enactment of this
section--
``(1) shall, not later than September 30, 2028, submit to
the Commission a continuity of operations plan to ensure the
successful administration of elections in the event of
disaster, accounting for the disasters most likely to occur in
the jurisdiction of such recipient, including a major disaster
(as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122));
``(2) shall, not later than September 30, 2033, and not
less frequently than every 5 years thereafter until September
30, 2043, update such plan to reflect evolving risks or
changing conditions and promptly submit the updated version of
such plan to the Commission;
``(3) may, after September 30, 2043, update such plan to
reflect evolving risks or changing conditions and submit the
updated version of such plan to the Commission;
``(4) shall retain each plan submitted under paragraph (1),
(2), or (3) until the date that is 5 years after the date such
plan was submitted to the Commission; and
``(5) may coordinate with the Commission, other States,
Tribal governments, units of local government, or other
resources or entities when preparing such plan.
``(b) Publication.--The Commission shall disseminate to the public
(through the internet, published reports, and other methods the
Commission considers appropriate) any continuity of operations plan
received pursuant to this section, except that no information so
disseminated may expose personally identifiable information or endanger
national security, public infrastructure, or public safety.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 906 the
following new item:
``Sec. 907. Continuity of operations plan requirement.''.
SEC. 4. REPORT ON VOTER REGISTRATION AND FEDERAL ASSISTANCE FOR
ELECTION ADMINISTRATION IN THE EVENT OF A MAJOR DISASTER.
(a) In General.--The Comptroller General of the United States shall
conduct--
(1) an analysis of the effect of natural disasters on voter
registration rates in areas affected by such disasters;
(2) an analysis of ways that the Federal Government may
better assist States and units of local government in the
administration of elections in the event of a covered major
disaster, including the ways existing Federal resources in
regions potentially affected by such a covered major disaster
that are not allocated to life-saving or national security
measures should be engaged to support election infrastructure;
and
(3) a study of legislative authorizations, if any are
needed, that Congress may consider to ensure the efficient and
effective deployment of emergency resources to support election
infrastructure in the event that the President declares a
covered major disaster.
(b) Report.--Not later than September 30, 2026, the Comptroller
General shall submit to the Committee on House Administration of the
House of Representatives and the Committee on Rules and Administration
of the Senate a report on the analysis and study required under
subsection (a).
(c) Limitation on Authority.--No provision of this Act may be
construed to authorize any power of the Federal Government to seize or
hold any ballot or voting machine.
SEC. 5. GRANTS FOR STRENGTHENING AMERICAN ELECTIONS AGAINST CLIMATE
CHANGE-DRIVEN DISASTERS.
(a) In General.--The Election Assistance Commission shall make
grants to assist States in strengthening the resiliency of State voting
systems against potential covered major disasters to improve the
quality, reliability, accuracy, accessibility, affordability, and
security of voting equipment, election systems, and voting technology.
(b) Use of Funds.--A State shall use the funds provided under a
grant made under this section to carry out one or more of the following
activities:
(1) Improving the administration of elections for Federal
office with specific regard to disaster preparedness.
(2) Educating voters concerning State plans for election
administration during or immediately after a covered major
disaster.
(3) Training election officials, poll workers, and election
volunteers with respect to disaster preparedness.
(4) Developing or publishing the continuity of operation
plan required by section 3 of this Act.
(5) Improving, acquiring, leasing, modifying, or replacing
voting systems and technology and methods for casting and
counting votes, provided that such improvements, acquisitions,
leases, modifications, or replacements will enhance the
resiliency of a Federal election in the State.
(6) Establishing or modifying a toll-free hotline that
voters may use to obtain information on how and where to vote
in the event of a covered major disaster.
(c) Limitation.--A State may not use the funds provided under a
grant made under this section--
(1) to pay the costs associated with any litigation, except
to the extend that such costs otherwise constitute permitted
uses of a grant under this section;
(2) for the payment of any judgment; or
(3) for any use that would violate a State or Federal court
order.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
(1) $20,000,000 for fiscal year 2026;
(2) $20,000,000 for fiscal year 2027;
(3) $20,000,000 for fiscal year 2028;
(4) $20,000,000 for fiscal year 2029; and
(5) $20,000,000 for fiscal year 2030.
SEC. 6. DEFINITIONS.
In this Act:
(1) Covered major disaster.--The term ``covered major
disaster'' means a major disaster declared by the President
during the voting period of a Federal election pursuant to
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) in response to--
(A) a natural catastrophe, including hurricane,
tornado, storm, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, extreme heat, and
drought;
(B) a fire, flood, or explosion, regardless of
cause; or
(C) an act of terrorism.
(2) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
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