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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4574 Introduced in Senate (IS)]

<DOC>

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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