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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7905 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7905

   To amend the Help America Vote Act of 2002 to direct the Election 
     Assistance Commission to make payments to States to assist in 
  administering elections during the COVID-19 Pandemic, to direct the 
Election Assistance Commission to adopt voluntary guidelines for use of 
 nonvoting election technology, to prohibit payments under such Act to 
States which do not prohibit ballot harvesting, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2020

  Mr. Rodney Davis of Illinois (for himself, Mr. Young, Mr. Garcia of 
   California, Mr. Chabot, Ms. Stefanik, Mr. Meuser, Mr. Nunes, Mr. 
 McCaul, Mr. Calvert, Mr. Guthrie, and Mr. Diaz-Balart) introduced the 
     following bill; which was referred to the Committee on House 
Administration, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Help America Vote Act of 2002 to direct the Election 
     Assistance Commission to make payments to States to assist in 
  administering elections during the COVID-19 Pandemic, to direct the 
Election Assistance Commission to adopt voluntary guidelines for use of 
 nonvoting election technology, to prohibit payments under such Act to 
States which do not prohibit ballot harvesting, 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 ``Emergency 
Assistance for Safe Elections Act'' or the ``EASE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--FUNDING FOR ELECTION ADMINISTRATION

Sec. 101. Payments to States to assist in administering elections 
                            during COVID-19 Pandemic.
    ``Part 7--Assistance in Administering Elections During COVID-19 
                                Pandemic

        ``Sec. 297. Student loan repayments on behalf of volunteer poll 
                            workers and absentee ballot tabulators in 
                            2020 general elections.
        ``Sec. 297A. Voter registration list maintenance.
        ``Sec. 297B. Protection from COVID-19.
        ``Sec. 297C. General provisions.
Sec. 102. Sense of Congress regarding exclusion of poll worker income 
                            from determination of eligibility for 
                            unemployment insurance.
                      TITLE II--VOTING TECHNOLOGY

Sec. 201. Voluntary guidelines for use of nonvoting election 
                            technology.
   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

        ``Sec. 298. Adoption of voluntary guidelines by Commission.
        ``Sec. 298A. Emerging Election Technology Committee.
        ``Sec. 298B. Nonvoting election technology defined.
Sec. 202. Status reports by National Institute of Standards and 
                            Technology.
Sec. 203. Establishment of Election Cyber Assistance Unit in Election 
                            Assistance Commission.
Sec. 204. Certification program in election administration or 
                            cybersecurity.
                  TITLE III--ELECTION FRAUD PREVENTION

Sec. 301. Findings.
Sec. 302. Prohibition on payments to States allowing collection and 
                            transmission of ballots by certain third 
                            parties.

              TITLE I--FUNDING FOR ELECTION ADMINISTRATION

SEC. 101. PAYMENTS TO STATES TO ASSIST IN ADMINISTERING ELECTIONS 
              DURING COVID-19 PANDEMIC.

    (a) Payments.--Subtitle D of title II of the Help America Vote Act 
of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the 
following new part:

    ``PART 7--ASSISTANCE IN ADMINISTERING ELECTIONS DURING COVID-19 
                                PANDEMIC

``SEC. 297. STUDENT LOAN REPAYMENTS ON BEHALF OF VOLUNTEER POLL WORKERS 
              AND ABSENTEE BALLOT TABULATORS IN 2020 GENERAL ELECTIONS.

    ``(a) Repayments by Election Assistance Commission.--The Commission 
shall make a payment to each eligible State for the costs incurred by 
the State in repaying (by direct payments on behalf of a qualified 
student volunteer) a portion of a student loan previously taken out by 
an individual who serves as a qualified student volunteer with respect 
to a regularly scheduled general election for Federal office held in 
the State in November 2020.
    ``(b) Eligibility.--A State is eligible to receive a payment under 
this section if the State submits to the Commission, at such time and 
in such form as the Commission may require, an application containing 
such information and assurances as the Commission may require.
    ``(c) Amount of Repayment.--Subject to the amount of the payment 
made to the State under subsection (d), the amount of the costs the 
State incurs on behalf of a qualified student volunteer for purposes of 
subsection (a) shall be equal to the product of--
            ``(1) a repayment rate established by the Commission; and
            ``(2) the number of hours the volunteer serves as a 
        volunteer poll worker or as a volunteer absentee ballot 
        tabulator, as certified to the Commission by the appropriate 
        State or local election official.
    ``(d) Amount of Payment.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        a payment made to a State under this section shall be equal to 
        the product of--
                    ``(A) the total amount appropriated for such 
                payments pursuant to the authorization under subsection 
                (e); and
                    ``(B) the State allocation percentage for the 
                State.
            ``(2) Minimum amount of payment.--The amount of a payment 
        made to a State under this section may not be less than--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                total amount appropriated for such payments; or
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern Mariana 
                Islands, one-tenth of 1 percent of such total amount.
            ``(3) Pro rata reductions.--The Commission shall make such 
        pro rata reductions to the allocations determined under 
        paragraph (1) as are necessary to comply with the requirements 
        of paragraph (2).
    ``(e) Qualified Student Volunteer Defined.--In this section, a 
`qualified student volunteer' means an individual--
            ``(1) who, as certified to the Commission by the 
        appropriate State or local election official, serves--
                    ``(A) as a volunteer poll worker at a polling 
                place, including any location at which voters may cast 
                ballots prior to the date of the election, or
                    ``(B) as a volunteer absentee ballot tabulator, as 
                certified to the Commission by the appropriate State or 
                local election official; and
            ``(2) at the time of serving as a volunteer poll worker or 
        volunteer absentee ballot tabulator, is enrolled at an 
        institution of higher education (as defined in section 102 of 
        the Higher Education Act of 1965 (20 U.S.C. 1002)).
    ``(f) Application of Regulations Under Student Loan Repayment 
Program for Federal Employees.--In carrying out the program under this 
section, the Commission may make applicable such provisions of section 
5379 of title 5, United States Code, as the Commission considers 
appropriate.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000,000 for payments under this section.

``SEC. 297A. VOTER REGISTRATION LIST MAINTENANCE.

    ``(a) Payments.--
            ``(1) In general.--The Commission shall make a payment to 
        each eligible State for carrying out maintenance of the 
        computerized Statewide voter registration list under section 
        303 and carrying out programs under section 8 of the National 
        Voter Registration Act of 1993 (52 U.S.C. 20507) to ensure the 
        accuracy of voter registration lists in the State.
            ``(2) Availability of payments to states without voter 
        registration.--In the case of an eligible State in which, under 
        a State law in effect continuously on and after the date of the 
        enactment of this Act, there is no voter registration 
        requirement for individuals in the State with respect to 
        elections for Federal office, an eligible State shall use the 
        payment under this section for carrying out activities to 
        protect polling places in the State, and individuals present in 
        such polling places, from exposure to SARS-CoV-2 or COVID-19 
        (as described in section 297B).
    ``(b) Eligibility.--A State is eligible to receive a payment under 
this section if the State submits to the Commission, at such time and 
in such form as the Commission may require, an application containing 
such information and assurances as the Commission may require.
    ``(c) Amount of Payment.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        a payment made to a State under this section shall be equal to 
        the product of--
                    ``(A) the total amount appropriated for such 
                payments pursuant to the authorization under subsection 
                (d); and
                    ``(B) the State allocation percentage for the 
                State.
            ``(2) Minimum amount of payment.--The amount of a payment 
        made to a State under this section may not be less than--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                total amount appropriated for such payments; or
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern Mariana 
                Islands, one-tenth of 1 percent of such total amount.
            ``(3) Pro rata reductions.--The Commission shall make such 
        pro rata reductions to the allocations determined under 
        paragraph (1) as are necessary to comply with the requirements 
        of paragraph (2).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000,000 for payments under this section.

``SEC. 297B. PROTECTION FROM COVID-19.

    ``(a) Payments.--The Commission shall make the following payments 
to each eligible State:
            ``(1) A payment for the chief State election official to 
        for carrying out Statewide activities to protect polling places 
        in the State, and individuals present in such polling places, 
        from exposure to SARS-CoV-2 or COVID-19.
            ``(2) A payment for the chief State election official to 
        pass through to local jurisdictions in the State for carrying 
        out a plan prepared by the chief State election official and 
        approved by the Commission to protect polling places in the 
        jurisdiction, and individuals present in such polling places, 
        from exposure to SARS-CoV-2 or COVID-19.
    ``(b) Eligibility.--A State is eligible to receive a payment under 
this section if the State submits to the Commission, at such time and 
in such form as the Commission may require, an application containing 
such information and assurances as the Commission may require.
    ``(c) Amount of Payment.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        a payment made to a State under paragraph (1) or paragraph (2) 
        of subsection (a) shall be equal to the product of--
                    ``(A) the total amount appropriated for payments 
                under such paragraph pursuant to the authorization 
                under subsection (d); and
                    ``(B) the State allocation percentage for the 
                State.
            ``(2) Minimum amount of payment.--The amount of a payment 
        made to a State under paragraph (1) or paragraph (2) of 
        subsection (a) may not be less than--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                total amount appropriated for payments under such 
                paragraph; or
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern Mariana 
                Islands, one-tenth of 1 percent of such total amount.
            ``(3) Pro rata reductions.--The Commission shall make such 
        pro rata reductions to the allocations determined under 
        paragraph (1) as are necessary to comply with the requirements 
        of paragraph (2).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for payments under this section, of which--
            ``(1) $100,000,000 is authorized to be appropriated for 
        payments under paragraph (1) of subsection (a); and
            ``(2) $100,000,000 is authorized to be appropriated for 
        payments under paragraph (2) of subsection (a).

``SEC. 297C. GENERAL PROVISIONS.

    ``(a) Definitions.--
            ``(1) State.--In this part, the term `State' means each 
        State, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, Guam, the United States Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands.
            ``(2) State allocation percentage.--In this part, the term 
        `State allocation percentage' means, with respect to a State, 
        the amount (expressed as a percentage) equal to the quotient 
        of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
    ``(b) Continuing Availability of Funds After Appropriation.--A 
payment made to a State under this part shall be available to the State 
without fiscal year limitation.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle D of 
title II the following:

    ``Part 7--Assistance in Administering Elections During COVID-19 
                                Pandemic

``Sec. 297. Student loan repayments on behalf of volunteer poll workers 
                            and absentee ballot tabulators in 2020 
                            general elections.
``Sec. 297A. Voter registration list maintenance.
``Sec. 297B. Protection from COVID-19.
``Sec. 297C. General provisions.''.

SEC. 102. SENSE OF CONGRESS REGARDING EXCLUSION OF POLL WORKER INCOME 
              FROM DETERMINATION OF ELIGIBILITY FOR UNEMPLOYMENT 
              INSURANCE.

    Because the Nation is in an unprecedented battle against COVID-19, 
it is the Sense of Congress that State legislatures should be 
encouraged to revisit their unemployment insurance systems to ensure 
that any volunteer who receives compensation for services as a poll 
worker does not fail to qualify for such unemployment insurance solely 
on the basis of service as a poll worker.

                      TITLE II--VOTING TECHNOLOGY

SEC. 201. VOLUNTARY GUIDELINES FOR USE OF NONVOTING ELECTION 
              TECHNOLOGY.

    (a) Adoption of Voluntary Guidelines by Election Assistance 
Commission.--Title II of the Help America Vote Act of 2002 (52 U.S.C. 
20921 et seq.) is amended by adding at the end the following new 
subtitle:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.

    ``(a) Adoption.--The Commission shall adopt voluntary guidelines 
for election officials on the use of nonvoting election technology, 
taking into account the recommendations of the Emerging Election 
Technology Committee under section 298A.
    ``(b) Review.--The Commission shall review and update the 
guidelines adopted under this subtitle not less frequently than once 
every 2 years.
    ``(c) Process for Adoption.--The adoption of the voluntary 
guidelines under this subtitle shall be carried out by the Commission 
in a manner that provides for each of the following:
            ``(1) Publication of notice of the proposed guidelines in 
        the Federal Register.
            ``(2) An opportunity for public comment on the proposed 
        guidelines.
            ``(3) An opportunity for a public hearing on the record.
            ``(4) Publication of the final recommendations in the 
        Federal Register.
    ``(d) Deadline for Initial Set of Guidelines.--The Commission shall 
adopt the initial set of voluntary guidelines under this section not 
later than June 1, 2021.

``SEC. 298A. EMERGING ELECTION TECHNOLOGY COMMITTEE.

    ``(a) Establishment.--There is established in the Commission the 
Emerging Election Technology Committee (hereafter in this section 
referred to as the `Technology Committee').
    ``(b) Duties.--The Technology Committee shall assist the Commission 
in the adoption of voluntary guidelines under section 298, including by 
providing the Commission with recommendations on appropriate standards 
for the use of nonvoting election technology, including standards to 
ensure the security and promote the usability of such technology.
    ``(c) Membership.--
            ``(1) In general.--The Technology Committee shall be 
        composed of members appointed by the Commission as follows:
                    ``(A) Each member shall have expertise in the 
                operation of nonvoting election technology.
                    ``(B) At least three of the members shall be State 
                or local election officials.
                    ``(C) At least four of the members shall be 
                individuals who are not employees of the Commission.
            ``(2) Number.--The number of members of the Technology 
        Committee shall be determined by the Commission.
            ``(3) Quorum.--A majority of the members of the Technology 
        Committee shall constitute a quorum, except that the Technology 
        Committee may not conduct any business prior to the appointment 
        of all of its members.
    ``(d) Chair.--The members of the Technology Committee shall select 
one of the members to serve as chair of the Committee.
    ``(e) No Compensation for Service.--Members of the Technology 
Committee shall not receive any compensation for their service, but 
shall be paid travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Committee.

``SEC. 298B. NONVOTING ELECTION TECHNOLOGY DEFINED.

    ``In this subtitle, the term `nonvoting election technology' means 
technology used in the administration of elections for Federal office 
which is not used directly in the casting, counting, tabulating, or 
collecting of ballots or votes, including each of the following:
            ``(1) Electronic pollbooks.
            ``(2) Election result reporting systems.
            ``(3) Electronic ballot delivery systems.
            ``(4) Online voter registration systems.
            ``(5) Polling place location search systems.
            ``(6) Sample ballot portals.
            ``(7) Such other technology as may be recommended for 
        treatment as nonvoting election technology as the Emerging 
        Election Technology Committee may recommend.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title II the 
following:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Emerging Election Technology Committee.
``Sec. 298B. Nonvoting election technology defined.''.

SEC. 202. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) 
is amended by adding at the end the following new subsection:
    ``(e) Status Reports by National Institute of Standards and 
Technology.--Not later than 60 days after the end of each fiscal year 
(beginning with 2020), the Director of the National Institute of 
Standards and Technology shall submit to Congress a status report 
describing--
            ``(1) the extent to which the Director carried out the 
        Director's responsibilities under this Act during the fiscal 
        year, including the responsibilities imposed under this section 
        and the responsibilities imposed with respect to the Technical 
        Guidelines Development Committee under section 222, together 
        with the Director's best estimate of when the Director will 
        completely carry out any responsibility which was not carried 
        out completely during the fiscal year; and
            ``(2) the extent to which the Director carried out any 
        projects requested by the Commission during the fiscal year, 
        together with the Director's best estimate of when the Director 
        will complete any such project which the Director did not 
        complete during the fiscal year.''.

SEC. 203. ESTABLISHMENT OF ELECTION CYBER ASSISTANCE UNIT IN ELECTION 
              ASSISTANCE COMMISSION.

    (a) In General.--Subtitle A of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end 
the following new part:

                ``PART 4--ELECTION CYBER ASSISTANCE UNIT

``SEC. 225. ELECTION CYBER ASSISTANCE UNIT.

    ``(a) Establishment.--There is established in the Commission the 
Election Cyber Assistance Unit (hereafter in this part referred to as 
the `Unit').
    ``(b) Duties.--The Unit will provide State and local election 
officials in various geographic regions of the United States with 
access to risk-management, resiliency, and technical support services 
provided by election administration and cybersecurity experts who will 
be based in such regions and who may provide such services in person, 
by telephone, or online.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle A of 
title II the following:

                ``Part 4--Election Cyber Assistance Unit

``Sec. 225. Election Cyber Assistance Unit.''.

SEC. 204. CERTIFICATION PROGRAM IN ELECTION ADMINISTRATION OR 
              CYBERSECURITY.

    (a) Establishment of Program.--Subtitle C of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is amended by adding 
at the end the following new section:

``SEC. 248. CERTIFICATION PROGRAM IN ELECTION ADMINISTRATION OR 
              CYBERSECURITY.

    ``(a) Establishment.--The Commission shall establish and operate a 
program to provide a certification in election administration or 
election cybersecurity to election officials and their employees who 
meet standards and criteria established by the Commission.
    ``(b) Use of Partnerships.--The Commission may carry out the 
program under this section in partnership with qualified entities, 
including institutions of higher education (as defined under section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit 
and for-profit organizations with expertise in election administration 
and election cybersecurity.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $1,000,000 for fiscal year 2021; and
            ``(2) such sums as may be necessary for fiscal years 2022 
        through 2028.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to subtitle C of 
title II the following:

``Sec. 248. Certification program in election administration or 
                            cybersecurity.''.

                  TITLE III--ELECTION FRAUD PREVENTION

SEC. 301. FINDINGS.

    Congress finds that--
            (1) the right to vote is a fundamental right of citizens of 
        the United States;
            (2) it is the responsibility of the State and Federal 
        Governments to ensure that elections are conducted with 
        integrity;
            (3) the Committee on House Administration of the House of 
        Representatives, which is charged with investigating election 
        irregularities, received reports through its official Election 
        Observer Program for the 2018 general election that individuals 
        other than voters themselves were depositing large amounts of 
        absentee ballots at polling places throughout California, a 
        practice colloquially known as ``ballot harvesting'';
            (4) the practice of ballot harvesting in California creates 
        significant vulnerabilities in the chain-of-custody of ballots 
        because individuals collecting ballots are not required to be 
        registered voters and are not required to identify themselves 
        at a voter's home, and the State does not track how many 
        ballots are harvested in an election;
            (5) in North Carolina, a congressional election was 
        invalidated due to fraud associated with ballot harvesting 
        committed by a political operative, and it is unlikely such 
        activity would have been detected were it not for the 
        prohibition against ballot harvesting in the State; and
            (6) ballot harvesting invites electioneering activity at 
        home and creates the possibility of undue influence over voters 
        by political operatives.

SEC. 302. PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND 
              TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.

    (a) In General.--Title IX of the Help America Vote Act of 2002 (52 
U.S.C. 21141 et seq.) is amended--
            (1) by redesignating section 906 as section 907; and
            (2) by inserting after section 905 the following new 
        section:

``SEC. 906. PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND 
              TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--A State (including the Commonwealth of the 
Northern Mariana Islands) is not eligible to receive funds under this 
Act unless the State has in effect a law that prohibits an individual 
from the knowing collection and transmission of a ballot in an election 
for Federal office that was mailed to another person, other than an 
individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service while 
        engaged in official duties as authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(b) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the item relating to section 906 as 
        relating to section 907; and
            (2) by inserting after the item relating to section 905 the 
        following:

``Sec. 906. Prohibition on payments to States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.
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