Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2803 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2803
55 To enhance protections for election records.
66 IN THE HOUSE OF REPRESENTATIVES
77 APRIL9, 2025
88 Mr. V
99 EASEY(for himself, Ms. ESCOBAR, Ms. NORTON, Mr. TONKO, Mr.
1010 G
1111 REENof Texas, and Mr. DELUZIO) introduced the following bill; which
1212 was referred to the Committee on the Judiciary, and in addition to the
1313 Committee on House Administration, for a period to be subsequently de-
1414 termined by the Speaker, in each case for consideration of such provisions
1515 as fall within the jurisdiction of the committee concerned
1616 A BILL
1717 To enhance protections for election records.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Protecting Election 4
2222 Administration from Interference Act of 2025’’. 5
2323 SEC. 2. ENHANCEMENT OF PROTECTIONS FOR ELECTION 6
2424 RECORDS, PAPERS, AND EQUIPMENT. 7
2525 (a) P
2626 RESERVATION OF RECORDS, PAPER, AND 8
2727 E
2828 QUIPMENT.—Section 301 of the Civil Rights Act of 1960 9
2929 (52 U.S.C. 20701) is amended— 10
3030 VerDate Sep 11 2014 02:05 Apr 23, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2803.IH H2803
3131 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
3232 •HR 2803 IH
3333 (1) by striking ‘‘Every officer’’ and inserting 1
3434 the following: 2
3535 ‘‘(a) I
3636 NGENERAL.—Every officer’’; 3
3737 (2) by striking ‘‘records and papers’’ and in-4
3838 serting ‘‘records (including electronic records), pa-5
3939 pers, and election equipment’’ each place the term 6
4040 appears; 7
4141 (3) by striking ‘‘record or paper’’ and inserting 8
4242 ‘‘record (including electronic record), paper, or elec-9
4343 tion equipment’’; 10
4444 (4) by inserting ‘‘(but only under the direct ad-11
4545 ministrative supervision of an election officer). Not-12
4646 withstanding any other provision of this section, the 13
4747 paper record of a voter’s cast ballot shall remain the 14
4848 official record of the cast ballot for purposes of this 15
4949 title’’ after ‘‘upon such custodian’’; 16
5050 (5) by inserting ‘‘, or acts in reckless disregard 17
5151 of,’’ after ‘‘fails to comply with’’; and 18
5252 (6) by inserting after subsection (a) the fol-19
5353 lowing: 20
5454 ‘‘(b) E
5555 LECTIONEQUIPMENT.—The requirement in 21
5656 subsection (a) to preserve election equipment shall not be 22
5757 construed to prevent the reuse of such equipment in any 23
5858 election that takes place within twenty-two months of a 24
5959 Federal election described in subsection (a), provided that 25
6060 VerDate Sep 11 2014 02:05 Apr 23, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2803.IH H2803
6161 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
6262 •HR 2803 IH
6363 all electronic records, files, and data from such equipment 1
6464 related to such Federal election are retained and pre-2
6565 served. 3
6666 ‘‘(c) G
6767 UIDANCE.—Not later than 1 year after the 4
6868 date of the enactment of this subsection, the Director of 5
6969 the Cybersecurity and Infrastructure Security Agency of 6
7070 the Department of Homeland Security, in consultation 7
7171 with the Election Assistance Commission and the Attorney 8
7272 General, shall issue guidance regarding compliance with 9
7373 subsections (a) and (b), including minimum standards and 10
7474 best practices for retaining and preserving records (includ-11
7575 ing electronic records), papers, and election equipment in 12
7676 compliance with subsections (a) and (b). Such guidance 13
7777 shall also include protocols for enabling the observation 14
7878 of the preservation, security, and transfer of records (in-15
7979 cluding electronic records), papers, and election equipment 16
8080 described in subsection (a) by the Attorney General and 17
8181 by a representative of each party, as defined by the Attor-18
8282 ney General.’’. 19
8383 (b) P
8484 ENALTY.—Section 302 of the Civil Rights Act 20
8585 of 1960 (52 U.S.C. 20702) is amended— 21
8686 (1) by inserting ‘‘, or whose reckless disregard 22
8787 of section 301 results in the theft, destruction, con-23
8888 cealment, mutilation, or alteration of,’’ after ‘‘or al-24
8989 ters’’; and 25
9090 VerDate Sep 11 2014 02:05 Apr 23, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2803.IH H2803
9191 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
9292 •HR 2803 IH
9393 (2) by striking ‘‘record or paper’’ and inserting 1
9494 ‘‘record (including electronic record), paper, or elec-2
9595 tion equipment’’. 3
9696 (c) I
9797 NSPECTION, REPRODUCTION, ANDCOPYING.— 4
9898 Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 5
9999 20703) is amended by striking ‘‘record or paper’’ and in-6
100100 serting ‘‘record (including electronic record), paper, or 7
101101 election equipment’’ each place the term appears. 8
102102 (d) N
103103 ONDISCLOSURE.—Section 304 of the Civil 9
104104 Rights Act of 1960 (52 U.S.C. 20704) is amended by 10
105105 striking ‘‘record or paper’’ and inserting ‘‘record (includ-11
106106 ing electronic record), paper, or election equipment’’. 12
107107 (e) J
108108 URISDICTIONTOCOMPELPRODUCTION.—Sec-13
109109 tion 305 of the Civil Rights Act of 1960 (52 U.S.C. 14
110110 20705) is amended by striking ‘‘record or paper’’ and in-15
111111 serting ‘‘record (including electronic record), paper, or 16
112112 election equipment’’ each place the term appears. 17
113113 SEC. 3. JUDICIAL REVIEW FOR ELECTION RECORDS. 18
114114 Title III of the Civil Rights Act of 1960 (52 U.S.C. 19
115115 20701 et seq.), is amended— 20
116116 (1) by redesignating section 306 as section 307; 21
117117 and 22
118118 (2) by inserting after section 305 the following: 23
119119 VerDate Sep 11 2014 02:05 Apr 23, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2803.IH H2803
120120 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
121121 •HR 2803 IH
122122 ‘‘SEC. 306. JUDICIAL REVIEW TO ENSURE COMPLIANCE. 1
123123 ‘‘(a) R
124124 IGHT OFACTION.—The Attorney General, a 2
125125 representative of the Attorney General, or a candidate in 3
126126 a Federal election described in section 301 may bring an 4
127127 action in the district court of the United States for the 5
128128 judicial district in which a record (including electronic 6
129129 record), paper, or election equipment is located, or in the 7
130130 United States District Court for the District of Columbia, 8
131131 to compel compliance with the requirements of section 9
132132 301. 10
133133 ‘‘(b) D
134134 UTYTOEXPEDITE.—It shall be the duty of 11
135135 the court to advance on the docket, and to expedite to 12
136136 the greatest possible extent the disposition of, the action 13
137137 and appeal under this section.’’. 14
138138 SEC. 4. CRIMINAL PENALTIES FOR INTIMIDATION OF TAB-15
139139 ULATION, CANVASS, OR CERTIFICATION EF-16
140140 FORTS. 17
141141 Section 12(1) of the National Voter Registration Act 18
142142 of 1993 (52 U.S.C. 20511(1)) is amended— 19
143143 (1) in subparagraph (B), by striking ‘‘or’’ at 20
144144 the end; and 21
145145 (2) by adding at the end the following: 22
146146 ‘‘(D) processing or scanning ballots, or 23
147147 tabulating, canvassing, or certifying voting re-24
148148 sults; or’’. 25
149149 Æ
150150 VerDate Sep 11 2014 02:05 Apr 23, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2803.IH H2803
151151 kjohnson on DSK7ZCZBW3PROD with $$_JOB