I 

116TH CONGRESS 

2D SESSION H. R. 8285 

To amend the Help America Vote Act of 2002 to prohibit payments under 

such Act to States which permit ballot harvesting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2020 

Ms. GABBARD (for herself and Mr. RODNEY DAVIS of Illinois) introduced the 

following bill; which was referred to the Committee on House Administration 

A BILL 

To amend the Help America Vote Act of 2002 to prohibit 

payments under such Act to States which permit ballot 

harvesting, and for other purposes. 

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 ‘‘Election Fraud Pre5 vention Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The elections clause in the United States 

9 Constitution provides the States the responsibility of 


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1 the administration of the elections process within 

2 their jurisdictions. 

3 (2) Free and fair elections are the lock and key 

4 to the democratic process in the United States and 

5 it is Congress’ duty to protect and uphold the re6 sponsibility of the States to conduct an election 

7 process with the utmost integrity regardless of polit8 ical party affiliation. 

9 (3) Depending on the State or locality, voters 

10 have the option of leaving their mail ballots in a 

11 drop box, having their ballots collected and sub12 mitted by a third party, or returning them at the 

13 polls or a local election office. 

14 (4) Third-party collection of ballots, which some 

15 refer to as ‘‘ballot harvesting’’, is a practice long 

16 used by special-interest groups and both major polit17 ical parties that is viewed either as a voter service 

18 that boosts voter turnout or an activity that has the 

19 potential to make elections vulnerable to fraud. 

20 (5) Today, several States have allowed or tried 

21 to limit ballot harvesting by restricting who can turn 

22 in another person’s ballot. Nine States allow a fam23 ily member to return a ballot for a voter, 27 States 

24 allow voters to designate someone to return their 

25 ballot for them, although some of these States have 


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1 placed limits on who may collect the ballots or how 

2 many they may collect, and 13 States are silent on 

3 the issue of ballot collection. 

4 SEC. 3. PROHIBITION ON PAYMENTS TO STATES ALLOWING 

5 COLLECTION AND TRANSMISSION OF BAL6 LOTS BY CERTAIN THIRD PARTIES. 

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

8 America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 

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

10 ‘‘PART 7—PROHIBITION ON PAYMENTS TO 

11 STATES ALLOWING COLLECTION AND 

12 TRANSMISSION OF BALLOTS BY CERTAIN 

13 THIRD PARTIES 

14 ‘‘SEC. 297 ELIGIBILITY FOR PAYMENTS OF STATES ALLOW15 ING COLLECTION AND TRANSMISSION OF 

16 BALLOTS BY CERTAIN THIRD PARTIES. 

17 ‘‘(a) IN GENERAL.—A State is not eligible to receive 

18 funds under this Act unless the State has in effect a law 

19 that prohibits an individual from the knowing collection 

20 and transmission of a ballot in an election for Federal of21 fice that was mailed to another person, other than an indi22 vidual described as follows: 

23 ‘‘(1) An election official while engaged in offi24 cial duties as authorized by law. 


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1 ‘‘(2) An employee of the United States Postal 

2 Service while engaged in official duties as authorized 

3 by law. 

4 ‘‘(3) Any other individual who is allowed by law 

5 to collect and transmit United States mail, while en6 gaged in official duties as authorized by law. 

7 ‘‘(4) A family member, household member, or 

8 caregiver of the person to whom the ballot was 

9 mailed. 

10 ‘‘(b) DEFINITIONS.—For purposes of this section, 

11 with respect to a person to whom the ballot was mailed: 

12 ‘‘(1) The term ‘caregiver’ means an individual 

13 who provides medical or health care assistance to 

14 such person in a residence, nursing care institution, 

15 hospice facility, assisted living center, assisted living 

16 facility, assisted living home, residential care institu17 tion, adilt day health care facility, or adult foster 

18 care home. 

19 ‘‘(2) The term ‘family member’ means an indi20 vidual who is related to such person by blood, mar21 riage, adoption or legal guardianship. 

22 ‘‘(3) The term ‘household member’ means an 

23 individual who resides at the same residence as such 

24 person.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by inserting after the item relating 

3 to section 296 the following new item: 

‘‘PART 7—PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION

AND TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES

‘‘Sec. 297 Eligibility for payments of States allowing collection and transmission of ballots by certain third parties.’’. 

Æ 


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