II 

117TH CONGRESS 

1ST SESSION S. 519 

To review the use of election security grants in the 2020 Presidential election 

and to prohibit future election security grants to States with unconstitutional election procedures. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2 (legislative day, MARCH 1), 2021 

Mr. HAGERTY (for himself, Mr. RUBIO, and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Rules 

and Administration 

A BILL 

To review the use of election security grants in the 2020 

Presidential election and to prohibit future election security grants to States with unconstitutional election procedures. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting the Right 

5 to Organized, Transparent Elections through a Constitu6 tionally Trustworthy Electoral College Act (PROTECT 

7 Electoral College Act)’’. 


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1 SEC. 2. REPORT ON 2020 GENERAL ELECTION. 

2 (a) DEFINITIONS.—For purposes of this section: 

3 (1) 2016 PRESIDENTIAL ELECTION.—The term 

4 ‘‘2016 Presidential election’’ means the general elec5 tion for Federal office occurring in 2016. 

6 (2) 2020 PRESIDENTIAL ELECTION.—The term 

7 ‘‘2020 Presidential election’’ means the general elec8 tion for Federal office occurring in 2020. 

9 (3) APPLICABLE ELECTION SECURITY FUNDS.— 

10 The term ‘‘applicable election security funds’’ means 

11 the amount of grant funding provided to the State 

12 by the Election Assistance Commission— 

13 (A) from amounts appropriated under the 

14 heading ‘‘Election Assistance Commission, Elec15 tion Security Grants’’ in the Financial Services 

16 and General Government Appropriations Act, 

17 2020 (Public Law 116–93); or 

18 (B) from amounts appropriated under the 

19 heading ‘‘Election Assistance Commission, Elec20 tion Security Grants’’ in the Coronavirus Aid, 

21 Relief, and Economic Security Act (Public Law 

22 116–136). 

23 (4) STATE.—The term ‘‘State’’ has the mean24 ing given such term under section 901 of the Help 

25 America Vote Act of 2002 (52 U.S.C. 21141), exVerDate Sep 11 2014 00:32 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 cept that such term shall include the Commonwealth 

2 of the Northern Mariana Islands. 

3 (5) UNSOLICITED MAIL-IN BALLOT.—The term 

4 ‘‘unsolicited mail-in ballot’’ means any ballot sent to 

5 a voter by mail if— 

6 (A) such ballot was not specifically re7 quested by the voter; or 

8 (B) the ballot request by the voter was ini9 tiated by the mailing of a ballot application not 

10 specifically requested by the voter. 

11 (6) UNSOLICITED MAIL-IN BALLOT PERCENT12 AGE.—The term ‘‘unsolicited mail-in ballot percent13 age’’ means the number of unsolicited mail-in ballots 

14 distributed in the State as a percentage of the num15 ber of total ballots provided to voters in the State. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the 

19 Comptroller General shall submit to Congress and 

20 make publicly available a report on the 2020 Presi21 dential election. 

22 (2) MATTERS INCLUDED.—The report sub23 mitted under paragraph (1) shall include the fol24 lowing with respect to each State: that received ap25 plicable election security funds: 


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1 (A) UNSOLICITED MAIL-IN BALLOT PER2 CENTAGE.— 

3 (i) IN GENERAL.—An analysis of 

4 whether the unsolicited mail-in ballot per5 centage for State for the 2020 Presidential 

6 election was greater than the unsolicited 

7 mail-in ballot percentage for the State for 

8 the 2016 Presidential election. 

9 (ii) RELEVANT AUTHORITY FOR ANY

10 INCREASE.—If the Comptroller General de11 termines that the unsolicited mail-in ballot 

12 percentage for the State for the 2020 

13 Presidential election was greater than the 

14 unsolicited mail-in ballot percentage for 

15 the State for the 2016 Presidential elec16 tion, the Comptroller General shall provide 

17 a description of any change in authority 

18 (including any statutory change relating to 

19 the distribution of unsolicited mail-in bal20 lots), action, or directive concerning unso21 licited mail-in ballots occurring between 

22 the 2016 Presidential election and 2020 

23 Presidential election that may have led to 

24 such result. 


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1 (B) MAIL-IN VOTER VERIFICATION PROCE2 DURES.— 

3 (i) IN GENERAL.—An analysis of 

4 whether there were changes in the State’s 

5 methods and processes used to verify the 

6 identification of voters who vote using 

7 mail-in ballots, including signature 

8 verification requirements, that applied with 

9 respect to the 2020 Presidential election 

10 but did not apply to the 2016 Presidential 

11 election. 

12 (ii) RELEVANT AUTHORITY FOR

13 CHANGES.—If the Comptroller General de14 termines that there were changes in the 

15 State’s mail-in voter verification proce16 dures described in clause (i), the Comp17 troller General shall provide a description 

18 of any authority (including any statutory 

19 authority), action, or directive that led to 

20 such change. 

21 (C) OTHER ELECTION PROCEDURES.— 

22 (i) IN GENERAL.—An analysis of 

23 whether the State materially altered or 

24 changed its election procedures for the 

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1 cedures described in subparagraph (B)) 

2 from the procedures in effect for the 2016 

3 Presidential election. 

4 (ii) RELEVANT AUTHORITY FOR

5 CHANGES.—If the Comptroller General de6 termines that there were changes in the 

7 election procedures described in clause (i), 

8 the Comptroller General shall provide a de9 scription of any authority (including any 

10 statutory authority), action, or directive 

11 that led to such change. 

12 (D) MAIL-IN BALLOT COLLECTION.— 

13 (i) IN GENERAL.—An analysis of 

14 whether there were specific, documented 

15 allegations of a person other than a voter 

16 or a voter’s family member or caregiver 

17 collecting or returning the voter’s com18 pleted ballot in the 2020 Presidential elec19 tion. 

20 (ii) RELEVANT AUTHORITY FOR COL21 LECTION.—If the Comptroller General de22 termines that there were specific, docu23 mented allegations described in clause (i), 

24 the Comptroller General shall provide a de25 scription of any authority (including any 


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1 statutory authority), action, or directive 

2 permitting such collection or return. 

3 (E) OBSERVATION OF BALLOT COUNT4 ING.—An analysis of whether the State has a 

5 statute providing for third-party observation of 

6 ballot counting, and if so, whether there were 

7 specific, documented instances in connection 

8 with the 2020 Presidential election in which the 

9 State is alleged to have failed to comply with 

10 such statute. 

11 (F) FAILURE TO ENFORCE.—An analysis 

12 of whether there were specific, documented in13 stances in connection with the 2020 Presi14 dential election in which the State allegedly 

15 failed to enforce one or more of its election 

16 statutes (other than a statute described in sub17 paragraph (E)). 

18 (G) USE OF APPLICABLE ELECTION SECU19 RITY FUNDS.—In the case of a State that re20 ceived applicable election security funds, an 

21 analysis of— 

22 (i) whether such funds were used to 

23 make expenditures with respect to the 

24 2020 Presidential election; 


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1 (ii) whether such funds were used in 

2 connection with any activity carried out 

3 pursuant to an authority, action, or direc4 tive described in subparagraph (A)(ii), 

5 (B)(ii), (C)(ii), or (D)(ii); and 

6 (iii) whether the State complied with 

7 all statutory and other conditions imposed 

8 in connection with the receipt of such 

9 funds. 

10 (H) SUBSEQUENT STATE ACTIONS.—A de11 scription of any of the following actions taken 

12 by the State legislature: 

13 (i) The passage of a resolution ex14 pressing an opinion on, or the submission 

15 to Congress or the Comptroller General of 

16 a communication relating to, the items de17 scribed in subparagraphs (A) through (G). 

18 (ii) The enactment, after the comple19 tion of the 2020 Presidential election, of 

20 legislation regarding any authority, action, 

21 or directive described in subparagraph 

22 (A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any 

23 failure described in subparagraph (E) or 

24 (F). 


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1 SEC. 3. TEMPORARY SUSPENSION OF, AND REQUIREMENTS 

2 FOR, FUTURE ELECTION ASSISTANCE 

3 GRANTS. 

4 (a) IN GENERAL.—Subtitle D of title II of the Help 

5 America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is 

6 amended by adding at the end the following new part: 

7 ‘‘PART 7—REQUIREMENTS FOR ELECTION 

8 ASSISTANCE 

9 ‘‘SEC. 297. SUSPENSION OF ELECTION ASSISTANCE. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, no grant may be awarded under this Act 

12 before July 1, 2022. 

13 ‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No State 

14 may expend Federal funds provided under this Act before 

15 the date of the enactment of this section before July 1, 

16 2022. 

17 ‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSIST18 ANCE. 

19 ‘‘(a) IN GENERAL.—Notwithstanding any other pro20 vision of law, no State may receive any grant awarded 

21 under this Act after the date of the enactment of this sec22 tion unless the State has certified by resolution adopted 

23 by the State legislature, as a condition of receiving the 

24 grant, that it is in compliance with the requirements of 

25 subsection (b). 

26 ‘‘(b) REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—A State satisfies the re2 quirements of this section if, in connection with any 

3 election for Federal office— 

4 ‘‘(A) the methods and processes used by 

5 the State to verify the identification of voters 

6 who vote using mail-in ballots are specifically 

7 set forth in statute; 

8 ‘‘(B) except as specifically provided by 

9 statute— 

10 ‘‘(i) the State does not use unsolicited 

11 mail-in balloting; and 

12 ‘‘(ii) the State does not permit per13 sons other than the voter or the voter’s 

14 family members or caregivers to return a 

15 voter’s completed ballot; 

16 ‘‘(C) for any election after the last day 

17 that the public health emergency declared by 

18 the Secretary of Health and Human Services 

19 under section 319 of the Public Health Service 

20 Act (42 U.S.C. 247d) on January 31, 2020, 

21 with respect to COVID–19, is in effect, the 

22 State uses all voting procedures in place as of 

23 January 1, 2020 (except as modified by State 

24 statutes applying to elections after such date); 


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1 ‘‘(D) in the case of State that has a law 

2 providing for third-party observation of ballot 

3 counting, such ballot observation law is strictly 

4 followed in all instances; 

5 ‘‘(E) the State complies with all require6 ments under title III; and 

7 ‘‘(F) the State has taken documented, af8 firmative measures to address— 

9 ‘‘(i) any prior failure to satisfy the re10 quirements of subparagraphs (A) through 

11 (E) that is identified by the State legisla12 ture in a resolution (or other similar com13 munication submitted to Congress and the 

14 Comptroller General); or 

15 ‘‘(ii) any prior specific, documented 

16 instance in which the State— 

17 ‘‘(I) failed to enforce one or more 

18 of its election statutes; or 

19 ‘‘(II) materially altered or 

20 changed its election procedures with21 out a corresponding state statutory 

22 enactment. 

23 ‘‘(2) UNSOLICITED MAIL-IN BALLOTING.—For 

24 purposes of paragraph (1)(B), the term ‘unsolicited 


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1 mail-in balloting’ means the process of sending bal2 lots to a voter by mail if— 

3 ‘‘(A) such ballot was not specifically re4 quested by the voter; or 

5 ‘‘(B) the ballot request by the voter was 

6 initiated by the mailing of a ballot application 

7 not specifically requested by the voter. 

8 ‘‘PART 8—PROHIBITION ON USE OF FUNDS 

9 ‘‘SEC. 299. PROHIBITION ON USE OF FUNDS. 

10 ‘‘Notwithstanding any other provision of law, any 

11 amounts provided under this Act shall not be used in fur12 therance of any election procedure that is not expressly 

13 set forth in a statute enacted by the State legislature.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents in section 1(b) of the Help America Vote Act of 2002 

16 is amended by inserting after the item relating to section 

17 296 the following: 

‘‘PART 7—REQUIREMENTS FOR ELECTION ASSISTANCE

‘‘Sec. 297. Suspension of election assistance. 

‘‘Sec. 298. Requirements for future election assistance. 

‘‘PART 8—PROHIBITION ON USE OF FUNDS

‘‘Sec. 299. Prohibition on use of funds.’’. 

Æ 


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