Safe and Certain Elections Act
Bill: H.R.5037 | Sponsor: Rep. Van Duyne, Beth (R-TX)
Policy area: Government Operations and Politics

Summary:
Safe and Certain Elections Act
This bill establishes certain election security measures and requires a report on blockchain technology.
Specifically, the bill requires a voting system used in a federal election to produce a permanent paper record for use in audits. In addition, the bill prohibits such a voting system from (1) connecting to the internet, or (2) directly tabulating a ballot that was transmitted online.
Next, the bill specifies that a state must carry out and complete a program to remove the names of ineligible voters from the official list of eligible voters at least 90 days before a federal election.
In addition, the bill directs the Election Assistance Commission to study and report on the use of blockchain technology to improve the security of federal elections.

To amend the Help America Vote Act of 2002 to clarify the requirement 
that the paper records produced by voting systems used in elections for 
 Federal office shall be used as the official ballots for purposes of 
   audits and recounts conducted with respect to such elections, to 
  prohibit the connection of such systems to the internet, to require 
 States to remove individuals who are ineligible to vote in elections 
 for Federal office in the State from the Statewide voter registration 
                     list, 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 ``Safe and Certain Elections Act''.

SEC. 2. REQUIREMENTS FOR VOTING SYSTEMS USED IN ELECTIONS FOR FEDERAL 
              OFFICE.

    (a) Clarification of Use of Paper Record of Votes for Audits and 
Recounts.--Section 301(a)(2)(B)(iii) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)(B)(iii)) is amended by striking ``shall be 
available as an official record for any recount'' and inserting ``shall 
be preserved and used as the official ballot for purposes of any 
recount or audit''.
    (b) Prohibiting Connection of Voting Systems to Internet.--
            (1) Prohibition.--Section 301(a) of such Act (52 U.S.C. 
        21081(a)) is amended by adding at the end the following new 
        paragraph:
            ``(7) Prohibiting connection of system to the internet.--
                    ``(A) In general.--No system or device upon which 
                ballots are programmed or votes are cast or tabulated 
                shall be connected to the public internet at any time.
                    ``(B) Prohibiting acceptance of ballots transmitted 
                online.--The voting system may not directly tabulate 
                any voted ballot which is transmitted to an election 
                official online.
                    ``(C) Rule of construction.--Nothing contained in 
                this paragraph shall be deemed to prohibit the 
                Commission from conducting the studies under section 
                242 or to conduct other similar studies under any other 
                provision of law in a manner consistent with this 
                paragraph.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to elections occurring on or after 
        January 1, 2022.

SEC. 3. MANDATORY REMOVAL OF INELIGIBLE VOTERS FROM REGISTRATION LIST 
              PRIOR TO ELECTION.

    (a) Clarification of Responsibility of States.--Section 8(c)(2)(A) 
of the National Voter Registration Act of 1993 (52 U.S.C. 
20507(c)(2)(A)) is amended--
            (1) by striking ``shall complete'' and inserting ``shall 
        carry out and complete''; and
            (2) by striking ``any program the purpose of which is to 
        systematically remove the names'' and inserting ``a program to 
        remove the names''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2022.

SEC. 4. STUDY OF USE OF BLOCKCHAIN TECHNOLOGY TO IMPROVE SECURITY OF 
              ELECTIONS.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the potential uses of blockchain technology to improve the 
security of elections for Federal office.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commission shall submit to Congress a report on the 
study conducted under subsection (a), and shall include in the report 
such recommendations as the Commission considers appropriate.
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