Protect Election Integrity Act of 2020

To amend the Help America Vote Act of 2002 to provide for the establishment of election integrity measures by States and to prohibit ballot harvesting in Federal elections. 1. Short title This Act may be cited as the Protect Election Integrity Act of 2020 2. Election integrity measures (a) In general (1) Requirement Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20901 7 Election integrity measures 297. Eligibility for payments of States lacking election integrity measures (a) In general A State is not eligible to receive funds under this Act unless the State meets the following requirements with respect to each election held on or after January 1, 2021: (1) Collection and transmission of ballots The State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot that was mailed to another person, other than an individual described as follows: (A) An election official while engaged in official duties as authorized by law. (B) An employee of the United States Postal Service while engaged in official duties as authorized by law. (C) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (D) A family member, household member, or caregiver of the person to whom the ballot was mailed. (2) Observation The State has in effect a law that permits the observation of polling places or counting of ballots, at any site where voting or ballot counting is occurring, by at least 2 appointed campaign representatives per campaign. (3) Record The State has in effect a law requiring that mail-in or absentee ballots be counted and recorded immediately upon receipt, with no results to be disclosed until after the closure of polling places on the date of the election. (4) Ballot counting The State has in effect a law providing that after the closure of polling places on the date of the election, ballot counting begins and does not stop, for any reason except imminent emergency, until all ballots are counted. (5) Surveillance The State has in effect a law that provides for round-the-clock video surveillance monitoring of absentee ballot drop boxes, with unedited footage to be made available upon request to members of the public at no charge. (6) Report The State has in effect a law that each supervisor of elections must post a report on the official website of such supervisor at least 3 months before a general election for Federal office which outlines preparations for the upcoming general election. Each report under this paragraph must include, at a minimum, the following elements: (A) The anticipated staffing levels during the early voting period, on election day, and after election day. (B) The anticipated amount of automatic tabulating equipment at each early voting site and polling place. (7) Certification The State has in effect a law providing that following the certification of the election, the municipal entity responsible for certifying the election shall conduct a manual audit or an automated, independent audit of the voting systems used in randomly selected precincts. The resulting report must be made available to the public within 15 days after completion of the audit. (b) Definitions For purposes of this section: (1) Appointed campaign representative The term appointed campaign representative (2) Caregiver The term caregiver (3) Family member The term family member (4) Household member The term household member . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 296 the following new item: Part 7—Election integrity measures Sec. 297. Eligibility for payments of States lacking election integrity measures. . (b) Prohibition on ballot harvesting in Federal elections (1) In general Chapter 29 612. Prohibition on ballot harvesting in Federal elections (a) In general It shall be unlawful for any person to knowingly collect and transmit 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) Penalty Any person who violates subsection (a) shall be fined not more than $10,000 for each ballot collected and transmitted in violation of such subsection, imprisoned for not more than 5 years, or both. (c) Definitions For purposes of this section: (1) Caregiver The term caregiver (2) Family member The term family member (3) Household member The term household member (d) Effective date This section shall apply with respect to elections for Federal office held after January 1, 2021. . (2) Clerical amendment The table of sections for chapter 29 612. Prohibition on ballot harvesting in Federal elections. .

Summary: Protect Election Integrity Act of 2020 This bill requires states to establish certain election measures. It also prohibits ballot harvesting in federal elections. Specifically, the bill requires each state, in order to receive certain election assistance funds, to prohibit the knowing collection and transmission of a ballot that was mailed to another person (commonly referred to as ballot harvesting), with exceptions; permit poll watching by at least two appointed campaign representatives per campaign; require absentee and mail-in ballots to be counted and recorded immediately upon receipt without disclosing any results until after the closure of polling places on election day; require continuous counting of ballots after the closure of polling places on election day; install video surveillance of ballot drop boxes; require each supervisor of elections to make publicly available a report outlining preparations for the upcoming general election; and require an audit of municipal voting systems. Finally, the bill generally prohibits ballot harvesting in federal elections, which is the process of collecting vote-by-mail ballots from voters and returning them to the polling place or election office. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.