Protecting Election Administration from Interference Act of 2021

To enhance protections for election records. 1. Short title This Act may be cited as the Protecting Election Administration from Interference Act of 2021 2. Enhancement of protections for election records, papers, and equipment (a) Preservation of records, paper, and equipment Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 (1) by striking Every officer (a) In general Every officer ; (2) by striking records and papers records (including electronic records), papers, and election equipment (3) by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title upon such custodian (5) by inserting , or acts in reckless disregard of, fails to comply with (6) by inserting after subsection (a) the following: (b) Election equipment The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records (including electronic records), papers, and election equipment in compliance with subsections (a) and (b). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records (including electronic records), papers, and election equipment described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General. . (b) Penalty Section 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, or alters (2) by striking record or paper record (including electronic record), paper, or election equipment (c) Inspection, reproduction, and copying Section 303 of the Civil Rights Act of 1960 ( 52 U.S.C. 20703 record or paper (d) Nondisclosure Section 304 of the Civil Rights Act of 1960 ( 52 U.S.C. 20704 record or paper (e) Jurisdiction To compel production Section 305 of the Civil Rights Act of 1960 ( 52 U.S.C. 20705 record or paper 3. Judicial review for election records Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. (1) by redesignating section 306 as section 307; and (2) by inserting after section 305 the following: 306. Judicial review to ensure compliance (a) Right of action The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty To expedite It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and appeal under this section. . 4. Criminal penalties for intimidation of tabulation, canvass, or certification efforts Section 12(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511(1) (1) in subparagraph (B), by striking or (2) by adding at the end the following: (D) processing or scanning of ballots, or tabulating, canvassing, or certifying voting results; or .

Summary: Protecting Election Administration from Interference Act of 2021 This bill revises preservation and retention requirements for federal election records. It also revises criminal penalties related to election records and the voting process. Under current law, election officials must, for a period of 22 months from the federal election, retain and preserve all election-related records and papers. This bill extends the requirement to electronic records and electronic equipment. Next, the bill directs the Cybersecurity and Infrastructure Security Agency to issue minimum standards and best practices for retaining and preserving records (including electronic records), papers, and electronic equipment, including protocols for observing their preservation, security, and transfer by the Department of Justice (DOJ) and a representative of each political party. In addition, the bill revises the federal criminal offense related to election records or papers to include reckless disregard of election record requirements resulting in the theft, destruction, concealment, mutilation, or alteration of a record, paper, or electronic equipment. Further, the bill allows DOJ to demand electronic records and electronic equipment for inspection and generally prohibits DOJ from disclosing this information. The bill allows DOJ and candidates for federal office to bring an action in a district court to compel compliance with election record requirements. Finally, the bill extends criminal penalties related to voting interference to include intimidating, threatening, or coercing (or attempting to do so) an individual for processing or scanning ballots, tabulating, canvassing, or certifying voting results.