I 
118TH CONGRESS 
1ST SESSION H. R. 3130 
To enhance protections for election records. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2023 
Mr. ALLRED (for himself, Mr. SARBANES, Mr. VEASEY, Ms. ESCOBAR, and 
Ms. SLOTKIN) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on House 
Administration, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To enhance protections for election records. 
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 ‘‘Protecting Election 
Administration from Interference Act of 2023’’. 
SEC. 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) is amended— 
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(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; 
(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 
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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 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 (includ-
ing 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 (in-
cluding 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 Attor-
ney General.’’. 
(b) PENALTY.—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 
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(2) by striking ‘‘record or paper’’ and inserting 
‘‘record (including electronic record), paper, or elec-
tion equipment’’. 
(c) INSPECTION, REPRODUCTION, AND COPYING.— 
Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 
20703) is amended by striking ‘‘record or paper’’ and in-
serting ‘‘record (including electronic record), paper, or 
election equipment’’ each place the term appears. 
(d) NONDISCLOSURE.—Section 304 of the Civil 
Rights Act of 1960 (52 U.S.C. 20704) is amended by 
striking ‘‘record or paper’’ and inserting ‘‘record (includ-
ing electronic record), paper, or election equipment’’. 
(e) JURISDICTION TO COMPEL PRODUCTION.—Sec-
tion 305 of the Civil Rights Act of 1960 (52 U.S.C. 
20705) is amended by striking ‘‘record or paper’’ and in-
serting ‘‘record (including electronic record), paper, or 
election equipment’’ each place the term appears. 
SEC. 3. JUDICIAL REVIEW FOR ELECTION RECORDS. 
Title III of the Civil Rights Act of 1960 (52 U.S.C. 
20701 et seq.), is amended— 
(1) by redesignating section 306 as section 307; 
and 
(2) by inserting after section 305 the following: 
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‘‘SEC. 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 (including electronic 
record), paper, or election equipment 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.’’. 
SEC. 4. CRIMINAL PENALTIES FOR INTIMIDATION OF TAB-
ULATION, CANVASS, OR CERTIFICATION EF-
FORTS. 
Section 12(1) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20511(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; and 
(2) by adding at the end the following: 
‘‘(D) processing or scanning ballots, or 
tabulating, canvassing, or certifying voting re-
sults; or’’. 
Æ 
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