I 
117TH CONGRESS 
1ST SESSION H. R. 4789 
To review the use of election security grants in the 2020 Presidential election 
and to prohibit future election security grants to States with unconstitu-
tional election procedures. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Ms. TENNEY (for herself, Mr. KUSTOFF, and Mr. BANKS) introduced the 
following bill; which was referred to the Committee on House Administration 
A BILL 
To review the use of election security grants in the 2020 
Presidential election and to prohibit future election secu-
rity grants to States with unconstitutional election proce-
dures. 
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 the Right 
to Organized, Transparent Elections through a Constitu-
tionally Trustworthy Electoral College Act (PROTECT 
Electoral College Act)’’. 
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SEC. 2. REPORT ON 2020 GENERAL ELECTION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) 2016 PRESIDENTIAL ELECTION.—The term 
‘‘2016 Presidential election’’ means the general elec-
tion for Federal office occurring in 2016. 
(2) 2020 PRESIDENTIAL ELECTION.—The term 
‘‘2020 Presidential election’’ means the general elec-
tion for Federal office occurring in 2020. 
(3) APPLICABLE ELECTION SECURITY FUNDS.— 
The term ‘‘applicable election security funds’’ means 
the amount of grant funding provided to the State 
by the Election Assistance Commission— 
(A) from amounts appropriated under the 
heading ‘‘Election Assistance Commission, Elec-
tion Security Grants’’ in the Financial Services 
and General Government Appropriations Act, 
2020 (Public Law 116–93); or 
(B) from amounts appropriated under the 
heading ‘‘Election Assistance Commission, Elec-
tion Security Grants’’ in the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 
116–136). 
(4) STATE.—The term ‘‘State’’ has the mean-
ing given such term under section 901 of the Help 
America Vote Act of 2002 (52 U.S.C. 21141), ex-
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cept that such term shall include the Commonwealth 
of the Northern Mariana Islands. 
(5) UNSOLICITED MAIL-IN BALLOT.—The term 
‘‘unsolicited mail-in ballot’’ means any ballot sent to 
a voter by mail if— 
(A) such ballot was not specifically re-
quested by the voter; or 
(B) the ballot request by the voter was ini-
tiated by the mailing of a ballot application not 
specifically requested by the voter. 
(6) UNSOLICITED MAIL-IN BALLOT PERCENT-
AGE.—The term ‘‘unsolicited mail-in ballot percent-
age’’ means the number of unsolicited mail-in ballots 
distributed in the State as a percentage of the num-
ber of total ballots provided to voters in the State. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Comptroller General shall submit to Congress and 
make publicly available a report on the 2020 Presi-
dential election. 
(2) MATTERS
INCLUDED.—The report sub-
mitted under paragraph (1) shall include the fol-
lowing with respect to each State: that received ap-
plicable election security funds: 
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(B) MAIL-IN VOTER VERIFICATION PROCE-
DURES.— 
(i) IN
GENERAL.—An analysis of 
whether there were changes in the State’s 
methods and processes used to verify the 
identification of voters who vote using 
mail-in 
ballots, 
including 
signature 
verification requirements, that applied with 
respect to the 2020 Presidential election 
but did not apply to the 2016 Presidential 
election. 
(ii) 
RELEVANT
AUTHORITY
FOR 
CHANGES.—If the Comptroller General de-
termines that there were changes in the 
State’s mail-in voter verification proce-
dures described in clause (i), the Comp-
troller General shall provide a description 
of any authority (including any statutory 
authority), action, or directive that led to 
such change. 
(C) OTHER ELECTION PROCEDURES.— 
(i) IN
GENERAL.—An analysis of 
whether the State materially altered or 
changed its election procedures for the 
2020 Presidential election (other than pro-
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cedures described in subparagraph (B)) 
from the procedures in effect for the 2016 
Presidential election. 
(ii) 
RELEVANT
AUTHORITY
FOR 
CHANGES.—If the Comptroller General de-
termines that there were changes in the 
election procedures described in clause (i), 
the Comptroller General shall provide a de-
scription of any authority (including any 
statutory authority), action, or directive 
that led to such change. 
(D) MAIL-IN BALLOT COLLECTION.— 
(i) IN
GENERAL.—An analysis of 
whether there were specific, documented 
allegations of a person other than a voter 
or a voter’s family member or caregiver 
collecting or returning the voter’s com-
pleted ballot in the 2020 Presidential elec-
tion. 
(ii) RELEVANT AUTHORITY FOR COL-
LECTION.—If the Comptroller General de-
termines that there were specific, docu-
mented allegations described in clause (i), 
the Comptroller General shall provide a de-
scription of any authority (including any 
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statutory authority), action, or directive 
permitting such collection or return. 
(E) OBSERVATION
OF
BALLOT
COUNT-
ING.—An analysis of whether the State has a 
statute providing for third-party observation of 
ballot counting, and if so, whether there were 
specific, documented instances in connection 
with the 2020 Presidential election in which the 
State is alleged to have failed to comply with 
such statute. 
(F) FAILURE TO ENFORCE.—An analysis 
of whether there were specific, documented in-
stances in connection with the 2020 Presi-
dential election in which the State allegedly 
failed to enforce one or more of its election 
statutes (other than a statute described in sub-
paragraph (E)). 
(G) USE OF APPLICABLE ELECTION SECU-
RITY FUNDS.—In the case of a State that re-
ceived applicable election security funds, an 
analysis of— 
(i) whether such funds were used to 
make expenditures with respect to the 
2020 Presidential election; 
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(ii) whether such funds were used in 
connection with any activity carried out 
pursuant to an authority, action, or direc-
tive described in subparagraph (A)(ii), 
(B)(ii), (C)(ii), or (D)(ii); and 
(iii) whether the State complied with 
all statutory and other conditions imposed 
in connection with the receipt of such 
funds. 
(H) SUBSEQUENT STATE ACTIONS.—A de-
scription of any of the following actions taken 
by the State legislature: 
(i) The passage of a resolution ex-
pressing an opinion on, or the submission 
to Congress or the Comptroller General of 
a communication relating to, the items de-
scribed in subparagraphs (A) through (G). 
(ii) The enactment, after the comple-
tion of the 2020 Presidential election, of 
legislation regarding any authority, action, 
or directive described in subparagraph 
(A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any 
failure described in subparagraph (E) or 
(F). 
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SEC. 3. TEMPORARY SUSPENSION OF, AND REQUIREMENTS 
FOR, 
FUTURE 
ELECTION 
ASSISTANCE 
GRANTS. 
(a) IN GENERAL.—Subtitle D of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is 
amended by adding at the end the following new part: 
‘‘PART 7—REQUIREMENTS FOR ELECTION 
ASSISTANCE 
‘‘SEC. 297. SUSPENSION OF ELECTION ASSISTANCE. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no grant may be awarded under this Act 
before July 1, 2022. 
‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No State 
may expend Federal funds provided under this Act before 
the date of the enactment of this section before July 1, 
2022. 
‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSIST-
ANCE. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no State may receive any grant awarded 
under this Act after the date of the enactment of this sec-
tion unless the State has certified by resolution adopted 
by the State legislature, as a condition of receiving the 
grant, that it is in compliance with the requirements of 
subsection (b). 
‘‘(b) REQUIREMENTS.— 
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‘‘(1) IN GENERAL.—A State satisfies the re-
quirements of this section if, in connection with any 
election for Federal office— 
‘‘(A) the methods and processes used by 
the State to verify the identification of voters 
who vote using mail-in ballots are specifically 
set forth in statute; 
‘‘(B) except as specifically provided by 
statute— 
‘‘(i) the State does not use unsolicited 
mail-in balloting; and 
‘‘(ii) the State does not permit per-
sons other than the voter or the voter’s 
family members or caregivers to return a 
voter’s completed ballot; 
‘‘(C) for any election after the last day 
that the public health emergency declared by 
the Secretary of Health and Human Services 
under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on January 31, 2020, 
with respect to COVID–19, is in effect, the 
State uses all voting procedures in place as of 
January 1, 2020 (except as modified by State 
statutes applying to elections after such date); 
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