Preventing Election Subversion Act of 2021
Bill: H.R.4064 | Sponsor: Rep. Sarbanes, John P. (D-MD)
Policy area: Government Operations and Politics

Summary:
Preventing Election Subversion Act of 2021
This bill establishes certain federal criminal offenses related to voting and sets forth additional requirements for federal elections.
The bill makes it a crime to (1) intimidate, threaten, coerce, or harass an election worker (i.e., an election official, a poll worker, or an election volunteer) with the intent to interfere with the official duties of, or retaliate against, the worker; or (2) publicly disclose restricted personal information about an election worker or an immediate family member with the intent to threaten or cause harm to the worker or the family member.
In addition, the bill restricts the ability of a statewide election administrator to remove a local election administrator. A statewide election administrator may suspend, remove, or relieve the duties of a local election administrator only for inefficiency, neglect of duty, or malfeasance while in office.
Further, the bill establishes certain requirements for challenging an individual's eligibility to register to vote or vote in federal elections.
The bill also sets a minimum distance for poll observers.

To amend title 18, United States Code, and the Help America Vote Act of 
 2002 to provide increased protections for election workers and voters 
        in elections for Federal office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Election Subversion Act 
of 2021''.

SEC. 2. HARASSMENT OF ELECTION OFFICIALS PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Harassment of election-related officials
    ``(a) Harassment of Election Workers.--It shall be unlawful for any 
person, whether acting under color of law or otherwise, to intimidate, 
threaten, coerce, harass, or attempt to intimidate, threaten, coerce or 
harass an election worker described in subsection (b) with intent to 
impede, intimidate, or interfere with such official while engaged in 
the performance of official duties, or with intent to retaliate against 
such official on account of the performance of official duties.
    ``(b) Election Worker Described.--An election worker as described 
in this section is any individual who is an election official, poll 
worker, or an election volunteer in connection with an election for a 
Federal office.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $100,000, imprisoned for not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``612. Harassment of election-related officials.''.

SEC. 3. PROTECTION OF ELECTION WORKERS.

    Paragraph (2) of section 119(b) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by adding ``or'' at the end of subparagraph (D); and
            (3) by adding at the end the following new subparagraph:
                    ``(E) any individual who is an election official, a 
                poll worker, or an election volunteer in connection 
                with an election for a Federal office;''.

SEC. 4. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN 
              ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.

    (a) Findings.--Congress makes the following findings:
            (1) Congress has explicit and broad authority to regulate 
        the time, place, and manner of Federal elections under the 
        Elections Clause under article I, section 4, clause 1 of the 
        Constitution, including by establishing standards for the fair, 
        impartial, and uniform administration of Federal elections by 
        State and local officials.
            (2) The Elections Clause was understood from the framing of 
        the Constitution to contain ``words of great latitude'', 
        granting Congress broad power over Federal elections and a 
        plenary right to preempt State regulation in this area. As made 
        clear at the Constitutional Convention and the State 
        ratification debates that followed, this grant of congressional 
        authority was meant to ``insure free and fair elections'', 
        promote the uniform administration of Federal elections, and 
        ``preserve and restore to the people their equal and sacred 
        rights of election.''.
            (3) In the founding debates on the Elections Clause, many 
        delegates also argued that a broad grant of authority to 
        Congress over Federal elections was necessary to check any 
        ``abuses that might be made of the discretionary power'' to 
        regulate the time, place, and manner of elections granted the 
        States, including attempts at partisan entrenchment, 
        malapportionment, and the exclusion of political minorities. As 
        the Supreme Court has recognized, the Elections Clause empowers 
        Congress to ``protect the elections on which its existence 
        depends'', Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and 
        ``protect the citizen in the exercise of rights conferred by 
        the Constitution of the United States essential to the healthy 
        organization of the government itself'', id. at 666.
            (4) The Elections Clause grants Congress ``plenary and 
        paramount jurisdiction over the whole subject'' of Federal 
        elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing 
        Congress to implement ``a complete code for congressional 
        elections''. Smiley v. Holm, 285 U.S. 355, 366 (1932). The 
        Elections Clause, unlike, for example, the Commerce Clause, has 
        been found to grant Congress the authority to compel States to 
        alter their regulations as to Federal elections, id. at 366-67, 
        even if these alterations would impose additional costs on the 
        States to execute or enforce. Association of Community 
        Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 
        1997).
            (5) The phrase ``manner of holding elections'' in the 
        Elections Clause has been interpreted by the Supreme Court to 
        authorize Congress to regulate all aspects of the Federal 
        election process, including ``notices, registration, 
        supervision of voting, protection of voters, prevention of 
        fraud and corrupt practices, counting of votes, duties of 
        inspectors and canvassers, and the making and publication of 
        election returns''. Smiley v. Holm, 285 U.S. 355, 366 (1932).
            (6) The Supreme Court has recognized the broad 
        ``substantive scope'' of the Elections Clause and upheld 
        Federal laws promulgated thereunder regulating redistricting, 
        voter registration, campaign finance, primary elections, 
        recounts, party affiliation rules, and balloting.
            (7) The authority of Congress under the Elections Clause 
        also entails the power to ensure enforcement of its laws 
        regulating Federal elections. ``[I]f Congress has the power to 
        make regulations, it must have the power to enforce them.''. Ex 
        parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has 
        noted that there can be no question that Congress may impose 
        additional penalties for offenses committed by State officers 
        in connection with Federal elections even if they differ from 
        the penalties prescribed by State law for the same acts. Id. at 
        387-88.
            (8) The fair and impartial administration of Federal 
        elections by State and local officials is central to ``the 
        successful working of this government'', Ex parte Yarbrough, 
        110 U.S. 651, 666 (1884), and to ``protect the act of voting . 
        . . and the election itself from corruption or fraud'', id. at 
        661-62.
            (9) The Elections Clause thus grants Congress the authority 
        to ensure that the administration of Federal elections is free 
        of political bias or discrimination and that election officials 
        are insulated from political influence or other forms of 
        coercion in discharging their duties in connection with Federal 
        elections.
            (10) In some States, oversight of local election 
        administrators has been allocated to State Election Boards, or 
        special commissions formed by those boards, that are appointed 
        by the prevailing political party in a State, as opposed to 
        nonpartisan or elected office holders.
            (11) In certain newly enacted State policies, these 
        appointed statewide election administrators have been granted 
        wide latitude to suspend or remove local election 
        administrators in cases where the statewide election 
        administrators identify whatever the State deems to be a 
        violation. There is no requirement that there be a finding of 
        intent by the local election administrator to commit the 
        violation.
            (12) Local election administrators across the country can 
        be suspended or removed according to different standards, 
        potentially exposing them to different political pressures or 
        biases that could result in uneven administration of Federal 
        elections.
            (13) The Elections Clause grants Congress the ultimate 
        authority to ensure that oversight of State and local election 
        administrators is fair and impartial in order to ensure 
        equitable and uniform administration of Federal elections.
    (b) Restriction.--
            (1) Standard for removal of a local election 
        administrator.--A statewide election administrator may only 
        suspend, remove, or relieve the duties of a local election 
        administrator in the State with respect to the administration 
        of an election for Federal office for inefficiency, neglect of 
        duty, or malfeasance in office.
            (2) Private right of action.--
                    (A) In general.--Any local election administrator 
                suspended, removed, or otherwise relieved of duties in 
                violation of paragraph (1) with respect to the 
                administration of an election for Federal office or 
                against whom any proceeding for suspension, removal, or 
                relief from duty in violation of paragraph (1) with 
                respect to the administration of an election for 
                Federal office may be pending, may bring an action in 
                an appropriate district court of the United States for 
                declaratory or injunctive relief with respect to the 
                violation. Any such action shall name as the defendant 
                the statewide election administrator responsible for 
                the adverse action. The district court shall, to the 
                extent practicable, expedite any such proceeding.
                    (B) Statute of limitations.--Any action brought 
                under this subsection must be commenced not later than 
                one year after the date of the suspension, removal, 
                relief from duties, or commencement of the proceeding 
                to remove, suspend, or relieve the duties of a local 
                election administrator with respect to the 
                administration of an election for Federal office.
            (3) Attorney's fees.--In any action or proceeding 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 federal 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 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 intervene.--
                    (A) Notice to attorney general.--Whenever any 
                administrative or judicial proceeding is brought to 
                suspend, remove, or relieve the duties of any local 
                election administrator by a statewide election 
                administrator with respect to the administration of an 
                election for Federal office, the statewide election 
                administrator who initiated such proceeding shall 
                deliver a copy of the pleadings instituting the 
                proceeding 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 deliver 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 administrator by a statewide 
                election administrator 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) Definitions.--In this section, the following 
        definitions apply:
                    (A) 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)).
                    (B) Federal office.--The term ``Federal office'' 
                has the meaning given the term in section 301(3) of the 
                Federal Election Campaign Act of 1971 (52 U.S.C. 
                30101(3)).
                    (C) Local election administrator.--The term ``local 
                election administrator'' means, with respect to a local 
                jurisdiction in a State, the individual or entity 
                responsible for the administration of elections for 
                Federal office in the local jurisdiction.
                    (D) Statewide election administrator.--The term 
                ``Statewide election administrator'' means, with 
                respect to a State, the individual or entity 
                responsible for the administration of elections for 
                Federal office in the State on a statewide basis.

SEC. 5. PROTECTIONS FOR VOTERS ON ELECTION DAY.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

    ``(a) Requirements for Challenges by Persons Other Than Election 
Officials.--
            ``(1) Requirements for challenges.--No person, other than a 
        State or local election official, shall submit a formal 
        challenge to an individual's eligibility to register to vote in 
        an election for Federal office or to vote in an election for 
        Federal office unless that challenge is supported by personal 
        knowledge with respect to each individual challenged regarding 
        the grounds for ineligibility which is--
                    ``(A) documented in writing; and
                    ``(B) subject to an oath or attestation under 
                penalty of perjury that the challenger has a good faith 
                factual basis to believe that the individual who is the 
                subject of the challenge is ineligible to register to 
                vote or vote in that election, except a challenge which 
                is based on the age, race, ethnicity, or national 
                origin of the individual who is the subject of the 
                challenge may not be considered to have a good faith 
                factual basis for purposes of this subparagraph.
            ``(2) Prohibition on challenges on or near date of 
        election.--No person, other than a State or local election 
        official, shall be permitted--
                    ``(A) to challenge an individual's eligibility to 
                vote in an election for Federal office on any day on 
                which the individual votes in person on grounds that 
                could have been made in advance of such day, or
                    ``(B) to challenge an individual's eligibility to 
                register to vote in an election for Federal office or 
                to vote in an election for Federal office less than 10 
                days before the election unless the individual 
                registered to vote less than 20 days before the 
                election.
    ``(b) Buffer Rule.--A person who is serving as a poll observer with 
respect to an election for Federal office may not come within 8 feet of 
a voter or ballot at a polling location during any period of voting 
(including any period of early voting) in such election.
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after January 1, 2022.''.
    (b) Conforming Amendment Relating to Voluntary Guidance.--Section 
311(b) of such Act (52 U.S.C. 21101(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in the case of the recommendations with respect to 
        section 303A, June 30, 2022.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following:

``Sec. 303A. Voter protection requirements.''.
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