I 
116TH CONGRESS 
2D SESSION 
H. R. 8285 
To amend the Help America Vote Act of 2002 to prohibit payments under 
such Act to States which permit ballot harvesting, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2020 
Ms. GABBARD (for herself and Mr. RODNEY DAVIS of Illinois) introduced the 
following bill; which was referred to the Committee on House Administration 
A BILL 
To amend the Help America Vote Act of 2002 to prohibit 
payments under such Act to States which permit ballot 
harvesting, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Election Fraud Pre-
vention Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The elections clause in the United States 
Constitution provides the States the responsibility of 
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the administration of the elections process within 
their jurisdictions. 
(2) Free and fair elections are the lock and key 
to the democratic process in the United States and 
it is Congress’ duty to protect and uphold the re-
sponsibility of the States to conduct an election 
process with the utmost integrity regardless of polit-
ical party affiliation. 
(3) Depending on the State or locality, voters 
have the option of leaving their mail ballots in a 
drop box, having their ballots collected and sub-
mitted by a third party, or returning them at the 
polls or a local election office. 
(4) Third-party collection of ballots, which some 
refer to as ‘‘ballot harvesting’’, is a practice long 
used by special-interest groups and both major polit-
ical parties that is viewed either as a voter service 
that boosts voter turnout or an activity that has the 
potential to make elections vulnerable to fraud. 
(5) Today, several States have allowed or tried 
to limit ballot harvesting by restricting who can turn 
in another person’s ballot. Nine States allow a fam-
ily member to return a ballot for a voter, 27 States 
allow voters to designate someone to return their 
ballot for them, although some of these States have 
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placed limits on who may collect the ballots or how 
many they may collect, and 13 States are silent on 
the issue of ballot collection. 
SEC. 3. PROHIBITION ON PAYMENTS TO STATES ALLOWING 
COLLECTION AND TRANSMISSION OF BAL-
LOTS BY CERTAIN THIRD PARTIES. 
(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 new part: 
‘‘PART 
7—PROHIBITION 
ON 
PAYMENTS 
TO 
STATES 
ALLOWING 
COLLECTION 
AND 
TRANSMISSION OF BALLOTS BY CERTAIN 
THIRD PARTIES 
‘‘SEC. 297 ELIGIBILITY FOR PAYMENTS OF STATES ALLOW-
ING COLLECTION AND TRANSMISSION OF 
BALLOTS BY CERTAIN THIRD PARTIES. 
‘‘(a) IN GENERAL.—A State is not eligible to receive 
funds under this Act unless the State has in effect a law 
that prohibits an individual from the knowing collection 
and transmission of a ballot in an election for Federal of-
fice that was mailed to another person, other than an indi-
vidual described as follows: 
‘‘(1) An election official while engaged in offi-
cial duties as authorized by law. 
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‘‘(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 en-
gaged 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) DEFINITIONS.—For purposes of this section, 
with respect to a person to whom the ballot was mailed: 
‘‘(1) The term ‘caregiver’ means an individual 
who provides medical or health care assistance to 
such person in a residence, nursing care institution, 
hospice facility, assisted living center, assisted living 
facility, assisted living home, residential care institu-
tion, adilt day health care facility, or adult foster 
care home. 
‘‘(2) The term ‘family member’ means an indi-
vidual who is related to such person by blood, mar-
riage, adoption or legal guardianship. 
‘‘(3) The term ‘household member’ means an 
individual who resides at the same residence as such 
person.’’. 
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(b) 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—PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION 
AND TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES 
‘‘Sec. 297 Eligibility for payments of States allowing collection and trans-
mission of ballots by certain third parties.’’. 
Æ 
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