Election Worker Protection Act of 2023



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Election Worker Protection Act of 
2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Election worker.--The term ``election worker'' means an 
        individual who is an election official, poll worker, or an 
        election volunteer in connection with the administration of an 
        election for a Federal office.
            (2) Personally identifiable information.--The term 
        ``personally identifiable information'' has the meaning given 
        the term ``restricted personal information'' in section 119 of 
        title 18, United States Code.

SEC. 3. GRANTS TO STATES FOR ELECTION WORKER RECRUITMENT, TRAINING, AND 
              SAFETY.

    (a) In General.--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:

      ``PART 7--ELECTION WORKER RECRUITMENT, TRAINING, AND SAFETY

``SEC. 297. GRANTS TO STATES FOR POLL WORKER AND ELECTION VOLUNTEER 
              RECRUITMENT AND TRAINING.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Election Worker Protection Act of 2023, the Commission 
shall, subject to the availability of appropriations provided to carry 
out this section, make a grant to each eligible State for recruiting 
and training individuals to serve as poll workers and election 
volunteers on dates of elections for public office.
    ``(b) Use of Commission Materials and Training Program 
Development.--
            ``(1) In general.--In carrying out activities using funds 
        under a grant provided under this section, the recipient of the 
        grant shall--
                    ``(A) use the materials prepared by the Commission 
                on successful practices for poll worker and election 
                volunteer recruiting, training, and retention as an 
                interactive training tool; and
                    ``(B) develop training programs with the 
                participation and input of experts in adult learning.
            ``(2) Access and cultural considerations.--The Commission 
        shall ensure that the materials described in paragraph (1)(A) 
        provide training in methods that will enable poll workers and 
        election volunteers to provide access and delivery of services 
        that meet the unique needs of each voter in a culturally 
        competent manner with respect to each voter who uses the 
        services, including voters who have limited English 
        proficiency, are of diverse cultural or ethnic backgrounds, or 
        have disabilities, regardless of gender, sexual orientation, or 
        gender identity.
    ``(c) Requirements for Eligibility.--
            ``(1) Application.--Each State that desires to receive a 
        payment under this section shall submit an application for the 
        payment to the Commission at such time, in such manner, and 
        containing such information as the Commission may reasonably 
        require.
            ``(2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought;
                    ``(B) provide assurances that--
                            ``(i) the funds provided under this section 
                        will be used to supplement and not supplant 
                        other funds used to carry out the activities;
                            ``(ii) the State will furnish the 
                        Commission with information about individuals 
                        who served as poll workers and election 
                        volunteers after recruitment and training with 
                        the funds provided under this section; and
                            ``(iii) the State will dedicate poll worker 
                        and election volunteer recruitment efforts with 
                        respect to--
                                    ``(I) youth and minors, including 
                                by recruiting at institutions of higher 
                                education and secondary education; and
                                    ``(II) diversity, including with 
                                respect to race, ethnicity, and 
                                disability; and
                    ``(C) provide such additional information and 
                certifications as the Commission determines to be 
                essential to ensure compliance with the requirements of 
                this section.
    ``(d) Amount of Grant.--
            ``(1) In general.--The amount of a grant made to a State 
        under this section shall be equal to the product of--
                    ``(A) the aggregate amount made available for 
                grants to States under this section; and
                    ``(B) the voting age population percentage for the 
                State.
            ``(2) Voting age population percentage defined.--In 
        paragraph (1), the `voting age population percentage' for a 
        State is the quotient of--
                    ``(A) the voting age population of the State (as 
                determined on the basis of the most recent information 
                available from the Bureau of the Census); divided by
                    ``(B) the total voting age population of all States 
                (as determined on the basis of the most recent 
                information available from the Bureau of the Census).
    ``(e) Rules for States That Do Not Submit an Application and Grants 
to Political Subdivisions.--
            ``(1) In general.--If a State fails to submit an 
        application under subsection (c) at the time established by the 
        Commission for such submission, the Commission may offer to 
        political subdivisions within that State the opportunity to 
        apply for a payment under this section.
            ``(2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought;
                    ``(B) provide assurances that--
                            ``(i) the funds provided under this section 
                        will be used to supplement and not supplant 
                        other funds used to carry out the activities;
                            ``(ii) the political subdivision will 
                        furnish the Commission with information about 
                        individuals who served as poll workers and 
                        election volunteers after recruitment and 
                        training with the funds provided under this 
                        section; and
                            ``(iii) the political subdivision will 
                        dedicate poll worker and election volunteer 
                        recruitment efforts with respect to--
                                    ``(I) youth and minors, including 
                                by recruiting at institutions of higher 
                                education and secondary education; and
                                    ``(II) diversity, including with 
                                respect to race, ethnicity, and 
                                disability; and
                    ``(C) provide such additional information and 
                certifications as the Commission determines to be 
                essential to ensure compliance with the requirements of 
                this section.
            ``(3) Amount of grants for political subdivisions.--The 
        amount of a grant made to a political subdivision under this 
        subsection shall be an amount that bears the same proportion to 
        the amount determined with respect to the State in which the 
        political subdivision is located as--
                    ``(A) the aggregate amount made available for 
                grants to States under this section; bears to
                    ``(B) the voting age population percentage for the 
                political subdivision of the State.
    ``(f) Reports to Congress.--
            ``(1) Relevant committees.--In this subsection, the term 
        `relevant committees' means--
                    ``(A) the Committees on Rules and Administration 
                and Appropriations of the Senate; and
                    ``(B) the Committees on Administration and 
                Appropriations of the House of Representatives.
            ``(2) Reports by recipients of grants.--Not later than 180 
        days after the date on which the Commission makes a final grant 
        under this section, the recipient shall submit a report to the 
        Commission on the activities conducted with the funds provided 
        under the grant.
            ``(3) Reports by commission.--Not later than 1 year after 
        the date on which the Commission makes the final grant under 
        this section, the Commission shall submit a report to the 
        relevant committees regarding--
                    ``(A) the grants made under this section;
                    ``(B) the activities carried out by recipients 
                using funds provided under the grants; and
                    ``(C) such recommendations relating to recruitment 
                and training of election workers as the Commission 
                considers appropriate.
    ``(g) Funding.--
            ``(1) Authorization.--There is authorized to be 
        appropriated to the Commission for fiscal year 2024 and each 
        succeeding fiscal year such sums as may be necessary for 
        payments under this section, to remain available until 
        expended.
            ``(2) Administrative expenses.--Of the amount appropriated 
        for any fiscal year to carry out this section, not more than 3 
        percent shall be available for administrative expenses of the 
        Commission.

``SEC. 298. GRANTS TO STATES FOR ELECTION WORKER SAFETY.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Election Worker Protection Act of 2023, the Commission 
shall, subject to the availability of appropriations provided to carry 
out this section, make a grant to each eligible State for physical 
security services and social media threat monitoring for election 
workers.
    ``(b) Requirements for Eligibility.--
            ``(1) Application.--Each State that desires to receive a 
        payment under this section shall submit an application for the 
        payment to the Commission at such time, in such manner, and 
        containing such information as the Commission may reasonably 
        require.
            ``(2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought; and
                    ``(B) provide assurances that--
                            ``(i) the funds provided under this section 
                        will be used to supplement and not supplant 
                        other funds used to carry out the activities; 
                        and
                            ``(ii) the State will furnish the 
                        Commission with information on the number of 
                        individuals provided services under this 
                        section.
    ``(c) Amount of Grant.--
            ``(1) In general.--The amount of a grant made to a State 
        under this section shall be equal to the product of--
                    ``(A) the aggregate amount made available for 
                grants to States under this section; and
                    ``(B) the voting age population percentage for the 
                State.
            ``(2) Voting age population percentage defined.--In 
        paragraph (1), the `voting age population percentage' for a 
        State is the quotient of--
                    ``(A) the voting age population of the State (as 
                determined on the basis of the most recent information 
                available from the Bureau of the Census); divided by
                    ``(B) the total voting age population of all States 
                (as determined on the basis of the most recent 
                information available from the Bureau of the Census).
    ``(d) Rules for States That Do Not Submit an Application and Grants 
to Political Subdivisions.--
            ``(1) In general.--If a State fails to submit an 
        application under subsection (b) at the time established by the 
        Commission for such submission, the Commission may offer to 
        political subdivisions within that State the opportunity to 
        apply for a payment under this section.
            ``(2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought; and
                    ``(B) provide assurances that--
                            ``(i) the funds provided under this section 
                        will be used to supplement and not supplant 
                        other funds used to carry out the activities; 
                        and
                            ``(ii) the political subdivision will 
                        furnish the Commission with information on the 
                        number of individuals provided services under 
                        this section.
            ``(3) Amount of grants for political subdivisions.--The 
        amount of a grant made to a political subdivision under this 
        subsection shall be an amount that bears the same proportion to 
        the amount determined with respect to the State in which the 
        political subdivision is located as--
                    ``(A) the aggregate amount made available for 
                grants to States under this section; bears to
                    ``(B) the voting age population percentage for the 
                political subdivision of the State.
    ``(e) Reports to Congress.--
            ``(1) Relevant committees.--In this subsection, the term 
        `relevant committees' means--
                    ``(A) the Committees on Rules and Administration 
                and Appropriations of the Senate; and
                    ``(B) the Committees on Administration and 
                Appropriations of the House of Representatives.
            ``(2) Reports by recipients of grants.--Not later than 180 
        days after the date on which the Commission makes a final grant 
        under this section, the recipient shall submit a report to the 
        Commission on the activities conducted with the funds provided 
        under the grant.
            ``(3) Reports by commission.--Not later than 1 year after 
        the date on which the Commission makes the final grant under 
        this section, the Commission shall submit a report to the 
        relevant committees regarding--
                    ``(A) the grants made under this section;
                    ``(B) the activities carried out by recipients 
                using funds provided under the grants; and
                    ``(C) such recommendations for physical security 
                services and social media threat monitoring as the 
                Commission considers appropriate.
    ``(f) Funding.--There is authorized to be appropriated to the 
Commission for fiscal year 2024 and each succeeding fiscal year such 
sums as may be necessary for payments under this section, to remain 
available until expended.''.
    (b) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by adding at the end of the items relating 
to subtitle D of title 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.''.

SEC. 4. DEPARTMENT OF JUSTICE TRAINING RESOURCES FOR ADDRESSING THREATS 
              TO ELECTION WORKERS.

    (a) Review.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall review training resources provided 
to Federal, State, local, and Tribal law enforcement agencies and 
ensure that the Department of Justice offers programs that include 
training and resources to assist State, local, and Tribal law 
enforcement agencies in understanding, detecting, deterring, and 
investigating threats to election workers.
    (b) Training.--The Attorney General shall make training available 
to Department prosecutors and to Assistant United States Attorneys on 
countering and prosecuting threats to election workers.

SEC. 5. GRANT PROGRAM TO PREVENT DISCLOSURE OF PERSONAL INFORMATION OF 
              ELECTION WORKERS.

    (a) Authorization.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General shall establish a program 
to provide grants to create or expand programs designed to protect the 
personally identifiable information of election workers to entities 
that--
            (1) are--
                    (A) States or units of local government (as those 
                terms are defined in section 901 of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (34 U.S.C. 
                10251)); or
                    (B) agencies of States or units of local 
                government; and
            (2) operate a State or local database or registry that 
        contains personally identifiable information.
    (b) Application.--Each entity described in subsection (a) that 
desires a payment under this section shall submit to the Attorney 
General an application at such time, in such manner, and containing 
such information as the Attorney General may reasonably require.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to provide grants to 
entities described in subsection (a) to create or expand programs 
designed to protect the personally identifiable information of election 
workers, including through--
            (1) the creation of programs to redact or remove the 
        personally identifiable information of election workers, upon 
        request, from public records maintained by State agencies, 
        including by hiring third parties to redact or remove the 
        personally identifiable information of election workers from 
        public records;
            (2) the expansion of existing programs to protect 
        personally identifiable information of election workers;
            (3) the development or improvement of protocols, 
        procedures, and policies to prevent the release of personally 
        identifiable information of election workers;
            (4) the defrayment of costs of modifying or improving 
        existing databases and registries to ensure that personally 
        identifiable information of election workers is protected from 
        release; and
            (5) the development of confidential opt-out systems that 
        allow election workers to request that personally identifiable 
        information is not included in publicly accessible databases or 
        registries.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and biennially thereafter, the 
        Comptroller General of the United States shall submit to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives an annual report 
        that includes a detailed description of the amount spent by 
        States and local governments using funds under this section 
        relating to protection of personally identifiable information 
        of election workers.
            (2) States and local governments.--Not later than 180 days 
        after the date on which a State or local government receives 
        funds under this section, the State or local government shall 
        submit to the Comptroller General a report that, with respect 
        to that State or local government, contains the information 
        described in paragraph (1) to be included in the report 
        required under that paragraph.

SEC. 6. HARASSMENT OF ELECTION WORKERS PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Harassment of election workers
    ``(a) Election Worker.--For purposes of this section, the term 
`election worker' means an individual who is an election official, poll 
worker, or election volunteer in connection with an election for a 
Federal office.
    ``(b) Harassment of Election Workers.--It shall be unlawful for any 
person, whether acting under color of law or otherwise, to intimidate, 
threaten, coerce, or attempt to intimidate, threaten, or coerce an 
election worker with intent to impede, intimidate, or interfere with 
that election worker while the election worker is engaged in the 
performance of official duties, or with intent to retaliate against the 
election worker on the basis of the performance of such duties.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined not more than $100,000, imprisoned for not more than 5 years, or 
both.
    ``(d) Special Agents.--The Attorney General, acting through the 
Director of the Federal Bureau of Investigation, shall assign a special 
agent to each field office of the Federal Bureau of Investigation to 
investigate threats against election workers.''.
    (b) Clerical Amendment.--The table of contents for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following:

``612. Harassment of election workers.''.

SEC. 7. MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION 
              EFFORTS A CRIME.

    Section 12(1) of the National Voter Registration Act of 1993 (52 
U.S.C. 20511) is amended--
            (1) in subparagraph (B), by striking ``; or'' at the end; 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(D) processing or scanning ballots, or 
                tabulating, canvassing, or certifying voting results; 
                or''.

SEC. 8. PROHIBITION OF DOXXING OF ELECTION WORKERS.

    Section 119(b)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (C), by striking ``or''at the end;
            (2) in subparagraph (D), by inserting ``or'' at the end; 
        and
            (3) by adding at the end the following new subparagraph:
                    ``(E) an election official, poll worker, or an 
                election volunteer in connection with an election for a 
                Federal office.''.

SEC. 9. PREVENTING POLL OBSERVER INTERFERENCE.

    (a) Voter Protection Requirements.--Subtitle A of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 303 the following new section:

``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

    ``(a) In General.--A State or local election official may remove a 
poll observer from a polling location for an election for Federal 
office or any location where processing, scanning, tabulating, 
canvassing, or certifying voting results in such an election is 
occurring on the basis that the State or local election official has a 
reasonable basis to believe that the observer--
            ``(1) has engaged in, or imminently will engage in, 
        intimidation or deceptive practices prohibited by Federal law; 
        or
            ``(2) has disrupted, or will disrupt, the voting, 
        processing, scanning, tabulating, or canvassing of ballots or 
        the certification of results.
    ``(b) Rule of Construction.--Nothing in subsection (a) may be 
construed to prevent a State or a unit of local government in a State 
from permitting the removal of a poll observer for reasons other than 
those described in subsection (a).
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after the date of 
enactment of the Election Worker Protection Act of 2023.''.
    (b) Conforming Amendment Relating to Voluntary Guidance.--Section 
311(b) of the Help America Vote Act of 2022 (52 U.S.C. 21101(b)) is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) in the case of recommendations with respect to 
        section 303A, January 1, 2024.''.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by inserting after the item relating to 
section 303 the following:

``Sec. 303A. Voter protection requirements.''.
                                 &lt;all&gt;
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