II 

118TH CONGRESS 

1ST SESSION S. 1318 

To provide enhanced protections for election workers. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2023 

Ms. KLOBUCHAR (for herself, Mr. DURBIN, Mr. KING, Mr. MARKEY, Mr. 

REED, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. BENNET, Mr. WELCH, 

Mrs. FEINSTEIN, Mrs. MURRAY, Mr. HICKENLOOPER, Mr. SANDERS, Mr. 

WARNER, Mr. PADILLA, Ms. WARREN, Mr. SCHATZ, Ms. SMITH, Mr. 

MERKLEY, Mr. WHITEHOUSE, Ms. STABENOW, Ms. HIRONO, and Mr. 

MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To provide enhanced protections for election workers. 

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 Worker Pro5 tection Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ELECTION WORKER.—The term ‘‘election 

9 worker’’ means an individual who is an election offiVerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318

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1 cial, poll worker, or an election volunteer in connec2 tion with the administration of an election for a 

3 Federal office. 

4 (2) PERSONALLY IDENTIFIABLE INFORMA5 TION.—The term ‘‘personally identifiable informa6 tion’’ has the meaning given the term ‘‘restricted 

7 personal information’’ in section 119 of title 18, 

8 United States Code. 

9 SEC. 3. GRANTS TO STATES FOR ELECTION WORKER RE10 CRUITMENT, TRAINING, AND SAFETY. 

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

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

13 amended by adding at the end the following: 

14 ‘‘PART 7—ELECTION WORKER RECRUITMENT, 

15 TRAINING, AND SAFETY 

16 ‘‘SEC. 297. GRANTS TO STATES FOR POLL WORKER AND 

17 ELECTION VOLUNTEER RECRUITMENT AND 

18 TRAINING. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of the Election Worker Protection Act 

21 of 2023, the Commission shall, subject to the availability 

22 of appropriations provided to carry out this section, make 

23 a grant to each eligible State for recruiting and training 

24 individuals to serve as poll workers and election volunteers 

25 on dates of elections for public office. 


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1 ‘‘(b) USE OF COMMISSION MATERIALS AND TRAIN2 ING PROGRAM DEVELOPMENT.— 

3 ‘‘(1) IN GENERAL.—In carrying out activities 

4 using funds under a grant provided under this sec5 tion, the recipient of the grant shall— 

6 ‘‘(A) use the materials prepared by the 

7 Commission on successful practices for poll 

8 worker and election volunteer recruiting, train9 ing, and retention as an interactive training 

10 tool; and 

11 ‘‘(B) develop training programs with the 

12 participation and input of experts in adult 

13 learning. 

14 ‘‘(2) ACCESS AND CULTURAL CONSIDER15 ATIONS.—The Commission shall ensure that the ma16 terials described in paragraph (1)(A) provide train17 ing in methods that will enable poll workers and 

18 election volunteers to provide access and delivery of 

19 services that meet the unique needs of each voter in 

20 a culturally competent manner with respect to each 

21 voter who uses the services, including voters who 

22 have limited English proficiency, are of diverse cul23 tural or ethnic backgrounds, or have disabilities, re24 gardless of gender, sexual orientation, or gender 

25 identity. 


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1 ‘‘(c) REQUIREMENTS FOR ELIGIBILITY.— 

2 ‘‘(1) APPLICATION.—Each State that desires to 

3 receive a payment under this section shall submit an 

4 application for the payment to the Commission at 

5 such time, in such manner, and containing such in6 formation as the Commission may reasonably re7 quire. 

8 ‘‘(2) CONTENTS OF APPLICATION.—Each appli9 cation submitted under paragraph (1) shall— 

10 ‘‘(A) describe the activities for which as11 sistance under this section is sought; 

12 ‘‘(B) provide assurances that— 

13 ‘‘(i) the funds provided under this sec14 tion will be used to supplement and not 

15 supplant other funds used to carry out the 

16 activities; 

17 ‘‘(ii) the State will furnish the Com18 mission with information about individuals 

19 who served as poll workers and election 

20 volunteers after recruitment and training 

21 with the funds provided under this section; 

22 and 

23 ‘‘(iii) the State will dedicate poll work24 er and election volunteer recruitment ef25 forts with respect to— 


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1 ‘‘(I) youth and minors, including 

2 by recruiting at institutions of higher 

3 education and secondary education; 

4 and 

5 ‘‘(II) diversity, including with re6 spect to race, ethnicity, and disability; 

7 and 

8 ‘‘(C) provide such additional information 

9 and certifications as the Commission deter10 mines to be essential to ensure compliance with 

11 the requirements of this section. 

12 ‘‘(d) AMOUNT OF GRANT.— 

13 ‘‘(1) IN GENERAL.—The amount of a grant 

14 made to a State under this section shall be equal to 

15 the product of— 

16 ‘‘(A) the aggregate amount made available 

17 for grants to States under this section; and 

18 ‘‘(B) the voting age population percentage 

19 for the State. 

20 ‘‘(2) VOTING AGE POPULATION PERCENTAGE

21 DEFINED.—In paragraph (1), the ‘voting age popu22 lation percentage’ for a State is the quotient of— 

23 ‘‘(A) the voting age population of the State 

24 (as determined on the basis of the most recent 


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1 information available from the Bureau of the 

2 Census); divided by 

3 ‘‘(B) the total voting age population of all 

4 States (as determined on the basis of the most 

5 recent information available from the Bureau of 

6 the Census). 

7 ‘‘(e) RULES FOR STATES THAT DO NOT SUBMIT AN

8 APPLICATION AND GRANTS TO POLITICAL SUBDIVI9 SIONS.— 

10 ‘‘(1) IN GENERAL.—If a State fails to submit 

11 an application under subsection (c) at the time es12 tablished by the Commission for such submission, 

13 the Commission may offer to political subdivisions 

14 within that State the opportunity to apply for a pay15 ment under this section. 

16 ‘‘(2) CONTENTS OF APPLICATION.—Each appli17 cation submitted under paragraph (1) shall— 

18 ‘‘(A) describe the activities for which as19 sistance under this section is sought; 

20 ‘‘(B) provide assurances that— 

21 ‘‘(i) the funds provided under this sec22 tion will be used to supplement and not 

23 supplant other funds used to carry out the 

24 activities; 


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1 ‘‘(ii) the political subdivision will fur2 nish the Commission with information 

3 about individuals who served as poll work4 ers and election volunteers after recruit5 ment and training with the funds provided 

6 under this section; and 

7 ‘‘(iii) the political subdivision will 

8 dedicate poll worker and election volunteer 

9 recruitment efforts with respect to— 

10 ‘‘(I) youth and minors, including 

11 by recruiting at institutions of higher 

12 education and secondary education; 

13 and 

14 ‘‘(II) diversity, including with re15 spect to race, ethnicity, and disability; 

16 and 

17 ‘‘(C) provide such additional information 

18 and certifications as the Commission deter19 mines to be essential to ensure compliance with 

20 the requirements of this section. 

21 ‘‘(3) AMOUNT OF GRANTS FOR POLITICAL SUB22 DIVISIONS.—The amount of a grant made to a polit23 ical subdivision under this subsection shall be an 

24 amount that bears the same proportion to the 


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1 amount determined with respect to the State in 

2 which the political subdivision is located as— 

3 ‘‘(A) the aggregate amount made available 

4 for grants to States under this section; bears to 

5 ‘‘(B) the voting age population percentage 

6 for the political subdivision of the State. 

7 ‘‘(f) REPORTS TO CONGRESS.— 

8 ‘‘(1) RELEVANT COMMITTEES.—In this sub9 section, the term ‘relevant committees’ means— 

10 ‘‘(A) the Committees on Rules and Admin11 istration and Appropriations of the Senate; and 

12 ‘‘(B) the Committees on Administration 

13 and Appropriations of the House of Representa14 tives. 

15 ‘‘(2) REPORTS BY RECIPIENTS OF GRANTS.— 

16 Not later than 180 days after the date on which the 

17 Commission makes a final grant under this section, 

18 the recipient shall submit a report to the Commis19 sion on the activities conducted with the funds pro20 vided under the grant. 

21 ‘‘(3) REPORTS BY COMMISSION.—Not later 

22 than 1 year after the date on which the Commission 

23 makes the final grant under this section, the Com24 mission shall submit a report to the relevant com25 mittees regarding— 


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1 ‘‘(A) the grants made under this section; 

2 ‘‘(B) the activities carried out by recipients 

3 using funds provided under the grants; and 

4 ‘‘(C) such recommendations relating to re5 cruitment and training of election workers as 

6 the Commission considers appropriate. 

7 ‘‘(g) FUNDING.— 

8 ‘‘(1) AUTHORIZATION.—There is authorized to 

9 be appropriated to the Commission for fiscal year 

10 2024 and each succeeding fiscal year such sums as 

11 may be necessary for payments under this section, 

12 to remain available until expended. 

13 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

14 amount appropriated for any fiscal year to carry out 

15 this section, not more than 3 percent shall be avail16 able for administrative expenses of the Commission. 

17 ‘‘SEC. 298. GRANTS TO STATES FOR ELECTION WORKER 

18 SAFETY. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of the Election Worker Protection Act 

21 of 2023, the Commission shall, subject to the availability 

22 of appropriations provided to carry out this section, make 

23 a grant to each eligible State for physical security services 

24 and social media threat monitoring for election workers. 

25 ‘‘(b) REQUIREMENTS FOR ELIGIBILITY.— 


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1 ‘‘(1) APPLICATION.—Each State that desires to 

2 receive a payment under this section shall submit an 

3 application for the payment to the Commission at 

4 such time, in such manner, and containing such in5 formation as the Commission may reasonably re6 quire. 

7 ‘‘(2) CONTENTS OF APPLICATION.—Each appli8 cation submitted under paragraph (1) shall— 

9 ‘‘(A) describe the activities for which as10 sistance under this section is sought; and 

11 ‘‘(B) provide assurances that— 

12 ‘‘(i) the funds provided under this sec13 tion will be used to supplement and not 

14 supplant other funds used to carry out the 

15 activities; and 

16 ‘‘(ii) the State will furnish the Com17 mission with information on the number of 

18 individuals provided services under this 

19 section. 

20 ‘‘(c) AMOUNT OF GRANT.— 

21 ‘‘(1) IN GENERAL.—The amount of a grant 

22 made to a State under this section shall be equal to 

23 the product of— 

24 ‘‘(A) the aggregate amount made available 

25 for grants to States under this section; and 


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1 ‘‘(B) the voting age population percentage 

2 for the State. 

3 ‘‘(2) VOTING AGE POPULATION PERCENTAGE

4 DEFINED.—In paragraph (1), the ‘voting age popu5 lation percentage’ for a State is the quotient of— 

6 ‘‘(A) the voting age population of the State 

7 (as determined on the basis of the most recent 

8 information available from the Bureau of the 

9 Census); divided by 

10 ‘‘(B) the total voting age population of all 

11 States (as determined on the basis of the most 

12 recent information available from the Bureau of 

13 the Census). 

14 ‘‘(d) RULES FOR STATES THAT DO NOT SUBMIT AN

15 APPLICATION AND GRANTS TO POLITICAL SUBDIVI16 SIONS.— 

17 ‘‘(1) IN GENERAL.—If a State fails to submit 

18 an application under subsection (b) at the time es19 tablished by the Commission for such submission, 

20 the Commission may offer to political subdivisions 

21 within that State the opportunity to apply for a pay22 ment under this section. 

23 ‘‘(2) CONTENTS OF APPLICATION.—Each appli24 cation submitted under paragraph (1) shall— 


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1 ‘‘(A) describe the activities for which as2 sistance under this section is sought; and 

3 ‘‘(B) provide assurances that— 

4 ‘‘(i) the funds provided under this sec5 tion will be used to supplement and not 

6 supplant other funds used to carry out the 

7 activities; and 

8 ‘‘(ii) the political subdivision will fur9 nish the Commission with information on 

10 the number of individuals provided services 

11 under this section. 

12 ‘‘(3) AMOUNT OF GRANTS FOR POLITICAL SUB13 DIVISIONS.—The amount of a grant made to a polit14 ical subdivision under this subsection shall be an 

15 amount that bears the same proportion to the 

16 amount determined with respect to the State in 

17 which the political subdivision is located as— 

18 ‘‘(A) the aggregate amount made available 

19 for grants to States under this section; bears to 

20 ‘‘(B) the voting age population percentage 

21 for the political subdivision of the State. 

22 ‘‘(e) REPORTS TO CONGRESS.— 

23 ‘‘(1) RELEVANT COMMITTEES.—In this sub24 section, the term ‘relevant committees’ means— 


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1 ‘‘(A) the Committees on Rules and Admin2 istration and Appropriations of the Senate; and 

3 ‘‘(B) the Committees on Administration 

4 and Appropriations of the House of Representa5 tives. 

6 ‘‘(2) REPORTS BY RECIPIENTS OF GRANTS.— 

7 Not later than 180 days after the date on which the 

8 Commission makes a final grant under this section, 

9 the recipient shall submit a report to the Commis10 sion on the activities conducted with the funds pro11 vided under the grant. 

12 ‘‘(3) REPORTS BY COMMISSION.—Not later 

13 than 1 year after the date on which the Commission 

14 makes the final grant under this section, the Com15 mission shall submit a report to the relevant com16 mittees regarding— 

17 ‘‘(A) the grants made under this section; 

18 ‘‘(B) the activities carried out by recipients 

19 using funds provided under the grants; and 

20 ‘‘(C) such recommendations for physical 

21 security services and social media threat moni22 toring as the Commission considers appropriate. 

23 ‘‘(f) FUNDING.—There is authorized to be appro24 priated to the Commission for fiscal year 2024 and each 

25 succeeding fiscal year such sums as may be necessary for 


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1 payments under this section, to remain available until ex2 pended.’’. 

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

4 of the Help America Vote Act of 2002 is amended by add5 ing at the end of the items relating to subtitle D of title 

6 II the following: 

‘‘PART 7—ELECTION WORKER RECRUITMENT, TRAINING, AND SAFETY

‘‘Sec. 297. Grants to States for election worker recruitment and training. 

‘‘Sec. 298. Grants to States for election worker safety.’’. 

7 SEC. 4. DEPARTMENT OF JUSTICE TRAINING RESOURCES 

8 FOR ADDRESSING THREATS TO ELECTION 

9 WORKERS. 

10 (a) REVIEW.—Not later than 180 days after the date 

11 of enactment of this Act, the Attorney General shall review 

12 training resources provided to Federal, State, local, and 

13 Tribal law enforcement agencies and ensure that the De14 partment of Justice offers programs that include training 

15 and resources to assist State, local, and Tribal law en16 forcement agencies in understanding, detecting, deterring, 

17 and investigating threats to election workers. 

18 (b) TRAINING.—The Attorney General shall make 

19 training available to Department prosecutors and to As20 sistant United States Attorneys on countering and pros21 ecuting threats to election workers. 


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1 SEC. 5. GRANT PROGRAM TO PREVENT DISCLOSURE OF 

2 PERSONAL INFORMATION OF ELECTION 

3 WORKERS. 

4 (a) AUTHORIZATION.—Not later than 1 year after 

5 the date of enactment of this Act, the Attorney General 

6 shall establish a program to provide grants to create or 

7 expand programs designed to protect the personally identi8 fiable information of election workers to entities that— 

9 (1) are— 

10 (A) States or units of local government (as 

11 those terms are defined in section 901 of the 

12 Omnibus Crime Control and Safe Streets Act of 

13 1968 (34 U.S.C. 10251)); or 

14 (B) agencies of States or units of local 

15 government; and 

16 (2) operate a State or local database or registry 

17 that contains personally identifiable information. 

18 (b) APPLICATION.—Each entity described in sub19 section (a) that desires a payment under this section shall 

20 submit to the Attorney General an application at such 

21 time, in such manner, and containing such information as 

22 the Attorney General may reasonably require. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated such sums as may be nec25 essary to provide grants to entities described in subsection 

26 (a) to create or expand programs designed to protect the 


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1 personally identifiable information of election workers, in2 cluding through— 

3 (1) the creation of programs to redact or re4 move the personally identifiable information of elec5 tion workers, upon request, from public records 

6 maintained by State agencies, including by hiring 

7 third parties to redact or remove the personally iden8 tifiable information of election workers from public 

9 records; 

10 (2) the expansion of existing programs to pro11 tect personally identifiable information of election 

12 workers; 

13 (3) the development or improvement of proto14 cols, procedures, and policies to prevent the release 

15 of personally identifiable information of election 

16 workers; 

17 (4) the defrayment of costs of modifying or im18 proving existing databases and registries to ensure 

19 that personally identifiable information of election 

20 workers is protected from release; and 

21 (5) the development of confidential opt-out sys22 tems that allow election workers to request that per23 sonally identifiable information is not included in 

24 publicly accessible databases or registries. 

25 (d) REPORT.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, and biennially 

3 thereafter, the Comptroller General of the United 

4 States shall submit to the Committee on the Judici5 ary of the Senate and the Committee on the Judici6 ary of the House of Representatives an annual re7 port that includes a detailed description of the 

8 amount spent by States and local governments using 

9 funds under this section relating to protection of 

10 personally identifiable information of election work11 ers. 

12 (2) STATES AND LOCAL GOVERNMENTS.—Not 

13 later than 180 days after the date on which a State 

14 or local government receives funds under this sec15 tion, the State or local government shall submit to 

16 the Comptroller General a report that, with respect 

17 to that State or local government, contains the infor18 mation described in paragraph (1) to be included in 

19 the report required under that paragraph. 

20 SEC. 6. HARASSMENT OF ELECTION WORKERS PROHIB21 ITED. 

22 (a) IN GENERAL.—Chapter 29 of title 18, United 

23 States Code, is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 612. Harassment of election workers 

2 ‘‘(a) ELECTION WORKER.—For purposes of this sec3 tion, the term ‘election worker’ means an individual who 

4 is an election official, poll worker, or election volunteer in 

5 connection with an election for a Federal office. 

6 ‘‘(b) HARASSMENT OF ELECTION WORKERS.—It 

7 shall be unlawful for any person, whether acting under 

8 color of law or otherwise, to intimidate, threaten, coerce, 

9 or attempt to intimidate, threaten, or coerce an election 

10 worker with intent to impede, intimidate, or interfere with 

11 that election worker while the election worker is engaged 

12 in the performance of official duties, or with intent to re13 taliate against the election worker on the basis of the per14 formance of such duties. 

15 ‘‘(c) PENALTY.—Any person who violates subsection 

16 (b) shall be fined not more than $100,000, imprisoned for 

17 not more than 5 years, or both. 

18 ‘‘(d) SPECIAL AGENTS.—The Attorney General, act19 ing through the Director of the Federal Bureau of Inves20 tigation, shall assign a special agent to each field office 

21 of the Federal Bureau of Investigation to investigate 

22 threats against election workers.’’. 

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

24 for chapter 29 of title 18, United States Code, is amended 

25 by adding at the end the following: 

‘‘612. Harassment of election workers.’’. 


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1 SEC. 7. MAKING INTIMIDATION OF TABULATION, CANVAS, 

2 AND CERTIFICATION EFFORTS A CRIME. 

3 Section 12(1) of the National Voter Registration Act 

4 of 1993 (52 U.S.C. 20511) is amended— 

5 (1) in subparagraph (B), by striking ‘‘; or’’ at 

6 the end; and 

7 (2) by adding at the end the following new sub8 paragraph: 

9 ‘‘(D) processing or scanning ballots, or 

10 tabulating, canvassing, or certifying voting re11 sults; or’’. 

12 SEC. 8. PROHIBITION OF DOXXING OF ELECTION WORKERS. 

13 Section 119(b)(2) of title 18, United States Code, is 

14 amended— 

15 (1) in subparagraph (C), by striking ‘‘or’’at the 

16 end; 

17 (2) in subparagraph (D), by inserting ‘‘or’’ at 

18 the end; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(E) an election official, poll worker, or an 

22 election volunteer in connection with an election 

23 for a Federal office.’’. 

24 SEC. 9. PREVENTING POLL OBSERVER INTERFERENCE. 

25 (a) VOTER PROTECTION REQUIREMENTS.—Subtitle 

26 A of title III of the Help America Vote Act of 2002 (52 


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1 U.S.C. 21081 et seq.) is amended by inserting after sec2 tion 303 the following new section: 

3 ‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 

4 ‘‘(a) IN GENERAL.—A State or local election official 

5 may remove a poll observer from a polling location for an 

6 election for Federal office or any location where proc7 essing, scanning, tabulating, canvassing, or certifying vot8 ing results in such an election is occurring on the basis 

9 that the State or local election official has a reasonable 

10 basis to believe that the observer— 

11 ‘‘(1) has engaged in, or imminently will engage 

12 in, intimidation or deceptive practices prohibited by 

13 Federal law; or 

14 ‘‘(2) has disrupted, or will disrupt, the voting, 

15 processing, scanning, tabulating, or canvassing of 

16 ballots or the certification of results. 

17 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in sub18 section (a) may be construed to prevent a State or a unit 

19 of local government in a State from permitting the re20 moval of a poll observer for reasons other than those de21 scribed in subsection (a). 

22 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

23 with respect to elections for Federal office occurring on 

24 and after the date of enactment of the Election Worker 

25 Protection Act of 2023.’’. 


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1 (b) CONFORMING AMENDMENT RELATING TO VOL2 UNTARY GUIDANCE.—Section 311(b) of the Help America 

3 Vote Act of 2022 (52 U.S.C. 21101(b)) is amended— 

4 (1) in paragraph (2), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (3), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(4) in the case of recommendations with re10 spect to section 303A, January 1, 2024.’’. 

11 (c) CLERICAL AMENDMENT.—The table of contents 

12 of the Help America Vote Act of 2002 is amended by in13 serting after the item relating to section 303 the following: 

‘‘Sec. 303A. Voter protection requirements.’’. 

Æ 


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