II 

116TH CONGRESS 

2D SESSION S. 4895 

To establish a Bipartisan Advisory Committee to analyze the integrity and 

the administration of the 2020 general election for Federal office. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 12, 2020 

Mr. PERDUE (for himself and Mrs. LOEFFLER) introduced the following bill; 

which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To establish a Bipartisan Advisory Committee to analyze 

the integrity and the administration of the 2020 general 

election for Federal office. 

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 ‘‘Securing America’s 

5 Future Elections and Votes Act’’ or the ‘‘SAFE Votes 

6 Act’’. 

7 SEC. 2. 2020 BIPARTISAN ADVISORY COMMITTEE. 

8 (a) ESTABLISHMENT.—There is established within 

9 the Election Assistance Commission the 2020 Bipartisan 


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1 Advisory Committee (referred to in this section as the 

2 ‘‘Advisory Committee’’). 

3 (b) MEMBERSHIP.— 

4 (1) COMPOSITION.—The Advisory Committee 

5 shall be composed of 18 members of whom— 

6 (A) nine shall be appointed by the majority 

7 leader of the Senate (in consultation with the 

8 minority leader of the House of Representa9 tives), one of which shall be appointed as a Co10 Chairperson of the Advisory Committee; and 

11 (B) nine shall be appointed by the Speaker 

12 of the House of Representatives (in consultation 

13 with the minority leader of the Senate), one of 

14 which shall be appointed as a Co-Chairperson of 

15 the Advisory Committee. 

16 (2) REPRESENTATION.—Individuals appointed 

17 to the Advisory Committee under paragraph (1) 

18 shall be geographically balanced and shall include 

19 representatives of Federal, State, and local govern20 ments and of the legal, cybersecurity, and election 

21 administration and technology communities. 

22 (3) DATE.—The appointments of the members 

23 of the Advisory Committee shall be made not later 

24 than 90 days after the date of enactment of this 

25 Act. 


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1 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), a member of the Advisory shall be ap4 pointed for the duration of the Advisory Committee. 

5 (2) REMOVAL.—A member may be removed 

6 from the Advisory Committee at any time at the 

7 upon concurrence of both of the Co-Chairpersons of 

8 the Advisory Committee. 

9 (3) VACANCIES.—A vacancy in the Advisory 

10 Committee— 

11 (A) shall not affect the powers of the Com12 mission; and 

13 (B) shall be filled in the same manner as 

14 the original appointment. 

15 (d) DUTIES.— 

16 (1) STUDY.— 

17 (A) IN GENERAL.—The Advisory Com18 mittee shall, consistent with applicable law, 

19 study the integrity and administration of the 

20 general election for Federal office held in No21 vember 2020 and make recommendations to 

22 Congress to improve the security, integrity, and 

23 administration of Federal elections. 


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1 (B) MATTERS STUDIED.—The matters 

2 studied by the Advisory Committee shall in3 clude— 

4 (i) the effects of the COVID–19 pan5 demic on the administration of the general 

6 election for Federal office held in Novem7 ber 2020; 

8 (ii) the election practices adopted by 

9 Federal, State, and local governments in 

10 response to the COVID–19 pandemic, in11 cluding— 

12 (I) practices that undermined the 

13 security and integrity of the election; 

14 and 

15 (II) practices that strengthened 

16 the security and integrity of the elec17 tion; 

18 (iii) the laws, rules, policies, activities, 

19 strategies, and practices regarding mail-in 

20 ballots, absentee ballots, and vote-by-mail 

21 procedures, including— 

22 (I) measures that undermined 

23 the security and integrity of the elec24 tion; and 


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1 (II) measures that strengthened 

2 the security and integrity of the elec3 tion; 

4 (iv) any laws, rules, policies, activities, 

5 strategies, and practices that would have 

6 allowed improper or fraudulent votes to be 

7 cast in such election and the scope of any 

8 improper and fraudulent votes that were 

9 cast in the election; and 

10 (v) any laws, rules, policies, activities, 

11 strategies, and practices that would have 

12 allowed improper or fraudulent voter reg13 istration and the scope of any improper or 

14 fraudulent voter registration. 

15 (2) REPORTS.— 

16 (A) INITIAL REPORT.—Not later than 180 

17 days after the date of the enactment of this 

18 Act, the Advisory Committee shall submit to 

19 the Election Assistance Commission and the ap20 propriate Congressional committees a report on 

21 the matter studied under paragraph (1). Such 

22 report shall include— 

23 (i) precinct-by-precinct data high24 lighting the number and incidence of any 


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1 improper and fraudulent votes that were 

2 cast in the election; and 

3 (ii) precinct-by-precinct data high4 lighting the number and incidence of any 

5 improper and fraudulent voter registra6 tions. 

7 (B) RECOMMENDATIONS.— 

8 (i) IN GENERAL.—Not later than 360 

9 days after the date of the enactment of 

10 this Act, the Advisory Committee shall 

11 submit to the Election Assistance Commis12 sion and the appropriate Congressional 

13 committees recommendations on the fol14 lowing: 

15 (I) The best practices that should 

16 be adopted by at each level of local, 

17 State, and Federal Government for 

18 administering elections for Federal of19 fice— 

20 (aa) during the COVID–19 

21 pandemic; and 

22 (bb) during other national 

23 emergencies. 

24 (II) The best practices that 

25 should be adopted at each level of 


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1 local, State, and Federal Government 

2 to mitigate fraud and increase the in3 tegrity and security of mail-in ballots, 

4 absentee ballots, and vote-by-mail pro5 cedures. 

6 (III) The best practices that 

7 should be adopted at each level of 

8 local, State, and Federal Government 

9 to prevent improper or fraudulent 

10 votes from being cast. 

11 (IV) The best practices that 

12 should be adopted at each level of 

13 local, State, and Federal Government 

14 to prevent improper voters from being 

15 registered. 

16 (ii) MINORITY VIEWS.—In the case of 

17 any recommendation with respect to which 

18 one-third or more of the Committee does 

19 not concur, the report shall include a jus20 tification for why such members do not 

21 concur. 

22 (C) APPROPRIATE CONGRESSIONAL COM23 MITTEES.—For purposes of this paragraph, the 

24 term ‘‘appropriate Congressional Committees’’ 

25 means— 


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1 (i) the Committee on Rules and Ad2 ministration of the Senate; 

3 (ii) the Committee on the Judiciary of 

4 the Senate; 

5 (iii) the Committee on House Admin6 istration of the House of Representatives; 

7 and 

8 (iv) the Committee on the Judiciary of 

9 the House of Representatives. 

10 (e) COMMISSION PERSONNEL MATTERS.— 

11 (1) PROHIBITION ON COMPENSATION OF MEM12 BERS.—The members of the Advisory Committee 

13 may not receive pay or benefits from the United 

14 States Government by reason of their service on the 

15 Advisory Committee. 

16 (2) STAFF.— 

17 (A) IN GENERAL.—Each Co-Chairperson 

18 of the Advisory Committee may appoint not 

19 more than 5 subject matter experts to serve as 

20 staff to the Advisory Committee. 

21 (B) COMPENSATION.—The Co-Chair22 persons of the Advisory Committee may fix the 

23 compensation of the staff of the Advisor Com24 mittee without regard to chapter 51 and sub25 chapter III of chapter 53 of title 5, United 


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1 States Code, relating to classification of posi2 tions and General Schedule pay rates, except 

3 that the rate of pay for the staff may not ex4 ceed the rate payable for level V of the Execu5 tive Schedule under section 5316 of that title. 

6 (f) TERMINATION.—The Advisory Committee shall 

7 terminate 90 days after the date on which the Advisory 

8 Committee submits the report required under subsection 

9 (d). 

10 (g) NONAPPLICABILITY OF FACA.—The Federal Ad11 visory Committee Act (5 U.S.C. App.) shall not apply to 

12 the Advisory Committee. 

Æ 


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