257 
(B) STATUTE OF LIMITATIONS.—Any ac-
tion brought under this subsection must be 
commenced not later than one year after the 
date of the suspension, removal, relief from du-
ties, or commencement of the proceeding to re-
move, suspend, or relieve the duties of a local 
election administrator with respect to the ad-
ministration of an election for Federal office. 
(3) ATTORNEY’S FEES.—In any action or pro-
ceeding under this subsection, the court may allow 
a prevailing plaintiff, other than the United States, 
reasonable attorney’s fees as part of the costs, and 
may include expert fees as part of the attorney’s fee. 
The term ‘‘prevailing plaintiff’’ means a plaintiff 
that substantially prevails pursuant to a judicial or 
administrative judgment or order, or an enforceable 
written agreement. 
(4) REMOVAL OF STATE PROCEEDINGS TO FED-
ERAL COURT.—A local election administrator who is 
subject to an administrative or judicial proceeding 
for suspension, removal, or relief from duty by a 
statewide election administrator with respect to the 
administration of an election for Federal office may 
remove the proceeding to an appropriate district 
court of the United States. Any order remanding a 
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case to the State court or agency from which it was 
removed under this subsection shall be reviewable by 
appeal or otherwise. 
(5) RIGHT
OF
UNITED
STATES
TO
INTER-
VENE.— 
(A) NOTICE
TO
ATTORNEY
GENERAL.— 
Whenever any administrative or judicial pro-
ceeding is brought to suspend, remove, or re-
lieve the duties of any local election adminis-
trator by a statewide election administrator 
with respect to the administration of an election 
for Federal office, the statewide election admin-
istrator who initiated such proceeding shall de-
liver a copy of the pleadings instituting the pro-
ceeding to the Assistant Attorney General for 
the Civil Rights Division of the Department of 
Justice. The local election administrator against 
whom such proceeding is brought may also de-
liver such pleadings to the Assistant Attorney 
General. 
(B) RIGHT TO INTERVENE.—The United 
States may intervene in any administrative or 
judicial proceeding brought to suspend, remove, 
or relieve the duties of any local election admin-
istrator by a statewide election administrator 
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259 
with respect to the administration of an election 
for Federal office and in any action initiated 
pursuant to paragraph (2) or in any removal 
pursuant to paragraph (4). 
(6) REVIEW.—In reviewing any action brought 
under this section, a court of the United States shall 
not afford any deference to any State official, ad-
ministrator, or tribunal that initiated, approved, ad-
judicated, or reviewed any administrative or judicial 
proceeding to suspend, remove, or otherwise relieve 
the duties of a local election administrator. 
(c) REPORTS TO THE DEPARTMENT OF JUSTICE.— 
(1) IN GENERAL.—Not later than 30 days after 
the suspension, removal, or relief of the duties of a 
local election administrator by a statewide election 
administrator, the statewide election administrator 
shall submit to the Assistant Attorney General for 
the Civil Rights Divisions of the Department of Jus-
tice a report that includes the following information: 
(A) A statement that a local election ad-
ministrator was suspended, removed, or relieved 
of their duties. 
(B) Information on whether the local elec-
tion administrator was determined to be ineffi-
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260 
cient or to have engaged in neglect of duty or 
malfeasance in office. 
(C) A description of the effect that the 
suspension, removal, or relief of the duties of 
the local election administrator will have on— 
(i) the administration of elections and 
voters in the election jurisdictions for 
which the local election official provided 
such duties; and 
(ii) the administration of elections and 
voters in the State at large. 
(D) Demographic information about the 
local election official suspended, removed, or re-
lieved and the jurisdictions for which such elec-
tion official was providing the duties suspended, 
removed, or relieved. 
(E) Such other information as requested 
by the Assistant Attorney General for the pur-
poses of determining— 
(i) whether such suspension, removal, 
or relief of duties was based on unlawful 
discrimination; and 
(ii) whether such suspension, removal, 
or relief of duties was due to inefficiency, 
neglect of duty, or malfeasance in office. 
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261 
(2) EXPEDITED
REPORTING
FOR
ACTIONS 
WITHIN 30 DAYS OF AN ELECTION.— 
(A) IN
GENERAL.—If a suspension, re-
moval, or relief of duties of a local adminis-
trator described in paragraph (1) occurs during 
the period described in subparagraph (B), the 
report required under paragraph (1) shall be 
submitted not later than 48 hours after such 
suspension, removal, or relief of duties. 
(B) PERIOD DESCRIBED.—The period de-
scribed in this subparagraph is any period 
which begins 60 days before the date of an elec-
tion for Federal office and which ends 60 days 
after such election. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELECTION.—The term ‘‘election’’ has the 
meaning given the term in section 301(1) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(1)). 
(2) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ has the meaning given the term in section 
301(3) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101(3)). 
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262 
(3) LOCAL
ELECTION
ADMINISTRATOR.—The 
term ‘‘local election administrator’’ means, with re-
spect to a local jurisdiction in a State, the individual 
or entity responsible for the administration of elec-
tions for Federal office in the local jurisdiction. 
(4) STATEWIDE ELECTION ADMINISTRATOR.— 
The term ‘‘statewide election administrator’’ means, 
with respect to a State— 
(A) the individual or entity, including a 
State elections board, responsible for the ad-
ministration of elections for Federal office in 
the State on a statewide basis; or 
(B) a statewide legislative or executive en-
tity with the authority to suspend, remove, or 
relieve a local election administrator. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to grant any additional authority 
to remove a local elections administrator beyond any au-
thority provided under the law of the State. 
Subtitle B—Increased Protections 
for Election Workers 
SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIB-
ITED. 
(a) IN GENERAL.—Section 594 of title 18, United 6 
States Code, is amended— 
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263 
(1) by striking ‘‘Whoever intimidates’’ and in-
serting the following: 
‘‘(a) IN GENERAL.—Whoever intimidates’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) INTIMIDATION OF ELECTION WORKERS.— 
‘‘(1) 
IN
GENERAL.—Whoever 
intimidates, 
threatens, coerces, or attempts to intimidate, threat-
en, or coerce, any election worker with intent to im-
pede, intimidate, or interfere with such election 
worker while engaged in the performance of official 
duties, or with intent to retaliate against such elec-
tion worker on account of the performance of official 
duties shall be fined under this title or imprisoned 
not more than one year, or both. 
‘‘(2) ELECTION
WORKER.—For purposes of 
paragraph (1), the term ‘election worker’ means any 
individual who is an election official, poll worker, or 
an election volunteer in connection with an election 
for a Federal office.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The heading of section 594 of title 18, 
United States Code, is amended by inserting ‘‘and 
election workers’’ after ‘‘voters’’. 
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264 
(2) The item relating to section 594 in the table 
of sections for chapter 29 of title 18, United States 
Code, is amended by inserting ‘‘and election work-
ers’’ after ‘‘voters’’. 
SEC. 3102. PROTECTION OF ELECTION WORKERS. 
(a) IN GENERAL.—Section 594(b) of title 18, United 
States Code, as amended by section 3101, is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) PROHIBITION ON PUBLICATION OF PER-
SONAL
INFORMATION.—Whoever knowingly makes 
restricted personal information about an election 
worker, or a member of the immediate family of that 
election worker, publicly available in connection with 
such election worker’s official duties— 
‘‘(A) with the intent to threaten, intimi-
date, or incite the commission of a crime of vio-
lence against that election worker, or a member 
of the immediate family of that election worker; 
or 
‘‘(B) with the intent and knowledge that 
the restricted personal information will be used 
to threaten, intimidate, or facilitate the com-
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265 
mission of a crime of violence against that elec-
tion worker, or a member of the immediate 
family of that election worker, 
shall be fined under this title, imprisoned not more 
than 1 year, or both.’’. 
(b) DEFINITIONS.—Paragraph (3) of section 594(b) 
of title 18, United States Code, as amended by section 
3101 and redesignated by subsection (a), is amended— 
(1) by striking all that precedes ‘‘term’’ and in-
serting the following: 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) ELECTION WORKER.—The’’; and 
(2) by adding at the end the following: 
‘‘(B) OTHER
TERMS.—The terms ‘re-
stricted personal information’, ‘crime of vio-
lence’, and ‘immediate family’ have the respec-
tive meanings given such terms under section 
119.’’. 
Subtitle C—Prohibiting Deceptive 
Practices and Preventing Voter 
Intimidation 
SEC. 3201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Deceptive Prac-
tices and Voter Intimidation Prevention Act of 2023’’. 
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266 
SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN 
FEDERAL ELECTIONS. 
(a) PROHIBITION.—Subsection (b) of section 2004 of 
the Revised Statutes (52 U.S.C. 10101(b)) is amended— 
(1) by striking ‘‘No person’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—No person’’; and 
(2) by inserting at the end the following new 
paragraphs: 
‘‘(2) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate or cause to be com-
municated information described in subpara-
graph (B), or produce information described in 
subparagraph (B) with the intent that such in-
formation be communicated, if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
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267 
right to vote in an election described in 
paragraph (5). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time, place, or manner of 
holding any election described in para-
graph (5); or 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal, civil, or other 
legal penalties associated with voting 
in any such election; or 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
‘‘(3) FALSE STATEMENTS REGARDING PUBLIC 
ENDORSEMENTS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate, or cause to be com-
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268 
municated, a materially false statement about 
an endorsement, if such person— 
‘‘(i) knows such statement to be false; 
and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
‘‘(B) 
DEFINITION
OF
‘MATERIALLY 
FALSE’.—For purposes of subparagraph (A), a 
statement about an endorsement is ‘materially 
false’ if, with respect to an upcoming election 
described in paragraph (5)— 
‘‘(i) the statement states that a spe-
cifically named person, political party, or 
organization has endorsed the election of a 
specific candidate for a Federal office de-
scribed in such paragraph; and 
‘‘(ii) such person, political party, or 
organization has not endorsed the election 
of such candidate. 
‘‘(4) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.—No 
person, whether acting under color of law or other-
wise, shall intentionally hinder, interfere with, or 
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269 
prevent another person from voting, registering to 
vote, or aiding another person to vote or register to 
vote in an election described in paragraph (5), in-
cluding by operating a polling place or ballot box 
that falsely purports to be an official location estab-
lished for such an election by a unit of government. 
‘‘(5) ELECTION DESCRIBED.—An election de-
scribed in this paragraph is any general, primary, 
runoff, or special election held solely or in part for 
the purpose of nominating or electing a candidate 
for the office of President, Vice President, Presi-
dential elector, Member of the Senate, Member of 
the House of Representatives, or Delegate or Com-
missioner from a Territory or possession.’’. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN
GENERAL.—Subsection (c) of section 
2004 of the Revised Statutes (52 U.S.C. 10101(c)) 
is amended— 
(A) by striking ‘‘Whenever any person’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Whenever any person’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) CIVIL ACTION.—Any person aggrieved by a 
violation of this section may institute a civil action 
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270 
for preventive relief, including an application in a 
United States district court for a permanent or tem-
porary injunction, restraining order, or other order. 
In any such action, the court, in its discretion, may 
allow the prevailing party a reasonable attorney’s fee 
as part of the costs.’’. 
(2) CONFORMING AMENDMENTS.—Section 2004 
of the Revised Statutes (52 U.S.C. 10101) is 
amended— 
(A) in subsection (e), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (c)(1)’’; 
and 
(B) in subsection (g), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (c)(1)’’. 
(c) CRIMINAL PENALTIES.— 
(1) DECEPTIVE ACTS.—Section 594 of title 18, 
United States Code, as amended by sections 3101 
and 3102, is amended— 
(A) in subsection (a), by striking ‘‘at any 
election’’ and inserting ‘‘at any general, pri-
mary, runoff, or special election’’; and 
(B) by adding at the end the following new 
subsections: 
‘‘(c) DECEPTIVE ACTS.— 
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271 
‘‘(1) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—It shall be unlawful 
for any person, whether acting under color of 
law or otherwise, within 60 days before an elec-
tion described in subsection (f), by any means, 
including by means of written, electronic, or tel-
ephonic communications, to communicate or 
cause to be communicated information de-
scribed in subparagraph (B), or produce infor-
mation described in subparagraph (B) with the 
intent that such information be communicated, 
if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
subsection (f). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time or place of holding any 
election described in subsection (e); or 
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272 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal, civil, or other 
legal penalties associated with voting 
in any such election; or 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(d) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person, whether acting under color of law or 
otherwise, to corruptly hinder, interfere with, or pre-
vent another person from voting, registering to vote, 
or aiding another person to vote or register to vote 
in an election described in subsection (f). 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(e) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (c)(1) or (d)(1) shall 
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273 
be subject to the same penalties as those prescribed for 
the offense that the person attempted to commit. 
‘‘(f) ELECTION DESCRIBED.—An election described 
in this subsection is any general, primary, runoff, or spe-
cial election held solely or in part for the purpose of nomi-
nating or electing a candidate for the office of President, 
Vice President, Presidential elector, Senator, Member of 
the House of Representatives, or Delegate or Resident 
Commissioner to the Congress.’’. 
(2) MODIFICATIONS TO PENALTY FOR VOTER 
AND
ELECTION
WORKER
INTIMIDATION.—Section 
594(a) of title 18, United States Code, as amended 
by this Act, is amended by striking ‘‘fined under this 
title or imprisoned not more than one year’’ and in-
serting ‘‘fined not more than $100,000, imprisoned 
for not more than 5 years’’. 
(3) SENTENCING GUIDELINES.— 
(A) REVIEW AND AMENDMENT.—Not later 
than 180 days after the date of enactment of 
this Act, the United States Sentencing Commis-
sion, pursuant to its authority under section 
994 of title 28, United States Code, and in ac-
cordance with this section, shall review and, if 
appropriate, amend the Federal sentencing 
guidelines and policy statements applicable to 
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274 
persons convicted of any offense under section 
594 of title 18, United States Code, as amend-
ed by this section. 
(B) AUTHORIZATION.—The United States 
Sentencing Commission may amend the Federal 
Sentencing Guidelines in accordance with the 
procedures set forth in section 21(a) of the Sen-
tencing Act of 1987 (28 U.S.C. 994 note) as 
though the authority under that section had not 
expired. 
(4) PAYMENTS
FOR
REFRAINING
FROM
VOT-
ING.—Subsection (c) of section 11 of the Voting 
Rights Act of 1965 (52 U.S.C. 10307) is amended 
by striking ‘‘either for registration to vote or for vot-
ing’’ and inserting ‘‘for registration to vote, for vot-
ing, or for not voting’’. 
SEC. 3203. CORRECTIVE ACTION. 
(a) CORRECTIVE ACTION.— 
(1) IN GENERAL.—If the Attorney General re-
ceives a credible report that materially false informa-
tion has been or is being communicated in violation 
of paragraphs (2) and (3) of section 2004(b) of the 
Revised Statutes (52 U.S.C. 10101(b)), as added by 
section 3202(a), and if the Attorney General deter-
mines that State and local election officials have not 
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taken adequate steps to promptly communicate accu-
rate information to correct the materially false infor-
mation, the Attorney General shall, pursuant to the 
written procedures and standards under subsection 
(b), communicate to the public, by any means, in-
cluding by means of written, electronic, or telephonic 
communications, accurate information designed to 
correct the materially false information. 
(2) COMMUNICATION OF CORRECTIVE INFORMA-
TION.—Any information communicated by the Attor-
ney General under paragraph (1)— 
(A) shall— 
(i) be accurate and objective; 
(ii) consist of only the information 
necessary to correct the materially false in-
formation that has been or is being com-
municated; and 
(iii) to the extent practicable, be by a 
means that the Attorney General deter-
mines will reach the persons to whom the 
materially false information has been or is 
being communicated; and 
(B) shall not be designed to favor or dis-
favor any particular candidate, organization, or 
political party. 
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276 
(b) WRITTEN PROCEDURES AND STANDARDS FOR 
TAKING CORRECTIVE ACTION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Attorney 
General shall publish written procedures and stand-
ards for determining when and how corrective action 
will be taken under this section. 
(2) INCLUSION OF APPROPRIATE DEADLINES.— 
The procedures and standards under paragraph (1) 
shall include appropriate deadlines, based in part on 
the number of days remaining before the upcoming 
election. 
(3) CONSULTATION.—In developing the proce-
dures and standards under paragraph (1), the Attor-
ney General shall consult with the Election Assist-
ance Commission, State and local election officials, 
civil rights organizations, voting rights groups, voter 
protection groups, and other interested community 
organizations. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this subtitle. 
SEC. 3204. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after 
each general election for Federal office, the Attorney Gen-
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277 
eral shall submit to Congress a report compiling all allega-
tions received by the Attorney General of deceptive prac-
tices described in paragraphs (2), (3), and (4) of section 
2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 
added by section 3202(a), relating to the general election 
for Federal office and any primary, runoff, or a special 
election for Federal office held in the 2 years preceding 
the general election. 
(b) CONTENTS.— 
(1) IN
GENERAL.—Each report submitted 
under subsection (a) shall include— 
(A) a description of each allegation of a 
deceptive practice described in subsection (a), 
including the geographic location, racial and 
ethnic composition, and language minority- 
group membership of the persons toward whom 
the alleged deceptive practice was directed; 
(B) the status of the investigation of each 
allegation described in subparagraph (A); 
(C) a description of each corrective action 
taken by the Attorney General under section 
3203(a) in response to an allegation described 
in subparagraph (A); 
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278 
(D) a description of each referral of an al-
legation described in subparagraph (A) to other 
Federal, State, or local agencies; 
(E) to the extent information is available, 
a description of any civil action instituted under 
section 2004(c)(2) of the Revised Statutes (52 
U.S.C. 10101(c)(2)), as added by section 
3202(b), in connection with an allegation de-
scribed in subparagraph (A); and 
(F) a description of any criminal prosecu-
tion instituted under subsection (c) or (d) of 
section 594 of title 18, United States Code, as 
amended by section 3202(c), in connection with 
the receipt of an allegation described in sub-
paragraph (A) by the Attorney General. 
(2) EXCLUSION OF CERTAIN INFORMATION.— 
(A) IN GENERAL.—The Attorney General 
shall not include in a report submitted under 
subsection (a) any information protected from 
disclosure by rule 6(e) of the Federal Rules of 
Criminal Procedure or any Federal criminal 
statute. 
(B) EXCLUSION OF CERTAIN OTHER IN-
FORMATION.—The Attorney General may deter-
mine that the following information shall not be 
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included in a report submitted under subsection 
(a): 
(i) Any information that is privileged. 
(ii) Any information concerning an 
ongoing investigation. 
(iii) Any information concerning a 
criminal or civil proceeding conducted 
under seal. 
(iv) Any other nonpublic information 
that the Attorney General determines the 
disclosure of which could reasonably be ex-
pected to infringe on the rights of any in-
dividual or adversely affect the integrity of 
a pending or future criminal investigation. 
(c) REPORT MADE PUBLIC.—On the date that the 
Attorney General submits the report under subsection (a), 
the Attorney General shall also make the report publicly 
available through the internet and other appropriate 
means. 
SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFI-
CIALS. 
Subsection (c)(2) of section 2004 of the Revised Stat-
utes (52 U.S.C. 10101(b)), as added by section 3202(b), 
is amended— 
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(1) by striking ‘‘Any person’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—Any person’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) INTIMIDATION, ETC.— 
‘‘(i) IN
GENERAL.—A person ag-
grieved by a violation of subsection (b)(1) 
shall include, without limitation, an officer 
responsible for maintaining order and pre-
venting intimidation, threats, or coercion 
in or around a location at which voters 
may cast their votes. 
‘‘(ii) CORRECTIVE ACTION.—If the At-
torney General receives a credible report 
that conduct that violates or would be rea-
sonably likely to violate subsection (b)(1) 
has occurred or is likely to occur, and if 
the Attorney General determines that 
State and local officials have not taken 
adequate steps to promptly communicate 
that such conduct would violate subsection 
(b)(1) or applicable State or local laws, the 
Attorney General shall communicate to the 
public, by any means, including by means 
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of written, electronic, or telephonic commu-
nications, accurate information designed to 
convey the unlawfulness of proscribed con-
duct under subsection (b)(1) and the re-
sponsibilities of and resources available to 
State and local officials to prevent or cor-
rect such violations.’’. 
SEC. 3206. MAKING INTIMIDATION OF TABULATION, CAN-
VASS, 
AND 
CERTIFICATION 
EFFORTS 
A 
CRIME. 
Section 12(1) of the National Voter Registration Act 
(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 sub-
paragraph: 
‘‘(D) processing or scanning ballots, or 
tabulating, canvassing, or certifying voting re-
sults; or’’. 
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Subtitle D—Protection of Election 
Records 
and 
Election 
Infra-
structure 
SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL 
ELECTION RECORDS. 
(a) FINDING
OF CONSTITUTIONAL AUTHORITY.— 
Congress finds as follows: 
(1) Congress has explicit and broad authority to 
regulate the time, place, and manner of Federal elec-
tions under the Elections Clause under article I, sec-
tion 4, clause 1 of the Constitution, including by es-
tablishing standards for the fair, impartial, and uni-
form administration of Federal elections by State 
and local officials. 
(2) The Elections Clause grants Congress ‘‘ple-
nary and paramount jurisdiction over the whole sub-
ject’’ of Federal elections, Ex parte Siebold, 100 
U.S. 371, 388 (1879), allowing Congress to imple-
ment ‘‘a complete code for congressional elections’’. 
Smiley v. Holm, 285 U.S. 355, 366 (1932). 
(3) The fair and impartial administration of 
Federal elections by State and local officials is cen-
tral to ‘‘the successful working of this government’’, 
Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 
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283 
to ‘‘protect the act of voting . . . and the election 
itself from corruption or fraud’’, id. at 661–62. 
(4) The Elections Clause thus grants Congress 
the authority to strengthen the protections for Fed-
eral election records. 
(5) Congress has intervened in the electoral 
process to protect the health and legitimacy of fed-
eral elections, including for example, Congress’ en-
actment of the Help America Vote Act of 2002 as 
a response to several issues that occurred during the 
2000 Presidential election. See ‘‘The Elections 
Clause: Constitutional Interpretation and Congres-
sional Exercise’’, Hearing Before Comm. on House 
Administration, 117th Cong. (2021), written testi-
mony of Vice Dean Franita Tolson at 3. 
(b) STRENGTHENING
OF
PROTECTIONS.—Section 
301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) 
is amended— 
(1) by striking ‘‘Every officer’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—Every officer’’; 
(2) by striking ‘‘records and papers’’ and in-
serting ‘‘records (including electronic records), pa-
pers, and election equipment’’ each place the term 
appears; 
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(3) by striking ‘‘record or paper’’ and inserting 
‘‘record (including electronic record), paper, or elec-
tion equipment’’; 
(4) by inserting ‘‘(but only under the direct ad-
ministrative supervision of an election officer). Not-
withstanding 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’’ after ‘‘upon such custodian’’; 
(5) by inserting ‘‘, or acts in reckless disregard 
of,’’ after ‘‘fails to comply with’’; and 
(6) by inserting after subsection (a) the fol-
lowing: 
‘‘(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 pre-
served. 
‘‘(c) GUIDANCE.—Not later than 1 year after the 
date of enactment of this subsection, the Director of the 
Cybersecurity and Infrastructure Security Agency of the 
Department of Homeland Security, in consultation with 
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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 and pa-
pers in compliance with subsection (a). Such guidance 
shall also include protocols for enabling the observation 
of the preservation, security, and transfer of records and 
papers described in subsection (a) by the Attorney General 
and by a representative of each party, as defined by the 
Attorney General.’’. 
(c) PROTECTING THE INTEGRITY OF PAPER BAL-
LOTS IN FEDERAL ELECTIONS.— 
(1) PROTOCOLS AND CONDITIONS FOR INSPEC-
TION OF BALLOTS.—Not later than 60 days after 
the date of the enactment of this Act, the Attorney 
General, in consultation with the Director of the Cy-
bersecurity and Infrastructure Security Agency of 
the Department of Homeland Security and the Elec-
tion Assistance Commission, shall promulgate regu-
lations establishing the election security protocols 
and conditions, including appropriate chain of cus-
tody and proper preservation practices, which will 
apply to the inspection of the paper ballots which 
are required to be retained and preserved under sec-
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tion 301 of the Civil Rights Act of 1960 (52 U.S.C. 
20701). 
(2) CAUSE OF ACTION FOR INJUNCTIVE AND 
DECLARATORY RELIEF.—The Attorney General may 
bring an action in an appropriate district court of 
the United States for such declaratory or injunctive 
relief as may be necessary to ensure compliance with 
the regulations promulgated under subsection (a). 
SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JU-
RISDICTION. 
(a) EXPANSION OF SCOPE OF PENALTIES FOR IN-
TERFERENCE.—Section 302 of the Civil Rights Act of 
1960 (52 U.S.C. 20702) is amended— 
(1) by inserting ‘‘, or whose reckless disregard 
of section 301 results in the theft, destruction, con-
cealment, mutilation, or alteration of,’’ after ‘‘or al-
ters’’; and 
(2) by striking ‘‘record or paper’’ and inserting 
‘‘record (including electronic record), paper, or elec-
tion equipment’’. 
(b) INSPECTION, REPRODUCTION, AND COPYING.— 
Section 303 of such Act (52 U.S.C. 20703) is amended 
by striking ‘‘record or paper’’ each place it appears and 
inserting ‘‘record (including electronic record), paper, or 
election equipment’’. 
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