No Federal Funds for Ballot Harvesting Act
Bill: H.R.7958 | Sponsor: Rep. Davis, Rodney (R-IL)
Policy area: Government Operations and Politics

Summary:
No Federal Funds for Ballot Harvesting Act
This bill requires each state, in order to receive federal funds for election administration, to prohibit the knowing collection and transmission of a ballot in a federal election that was mailed to another person (commonly referred to as ballot harvesting), with exceptions.

To amend the Help America Vote Act of 2002 to prohibit the use of 
Federal funds for the administration of an election for Federal office 
   in States which permit ballot harvesting, 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 ``No Federal Funds for Ballot 
Harvesting Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the right to vote is a fundamental right of citizens of 
        the United States, as described by the Constitution of the 
        United States;
            (2) the Committee on House Administration of the House of 
        Representatives, which is charged with investigating election 
        irregularities, received reports through its official Election 
        Observer Program for the 2018 general election and the 2020 
        general election, as well as from other stakeholders, that 
        individuals other than voters themselves were depositing large 
        amounts of absentee ballots at polling places throughout 
        California and other States, a practice colloquially known as 
        ``ballot harvesting'';
            (3) the practice of ballot harvesting creates significant 
        vulnerabilities in the chain of custody of ballots because 
        individuals collecting ballots are not required to be 
        registered voters and are not required to identify themselves 
        at a voter's home, and the State does not track how many 
        ballots are harvested in an election;
            (4) in North Carolina, a congressional election was 
        invalidated due to fraud associated with ballot harvesting 
        committed by a political operative, and it is unlikely such 
        activity would have been detected were it not for the 
        prohibition against ballot harvesting in the State;
            (5) ballot harvesting invites electioneering activity at 
        home and weakens States' long-standing voter protection 
        procedures, which remain in place at polling locations, 
        creating the possibility of undue influence over voters by 
        political operatives and other bad actors; and
            (6) the Supreme Court of the United States has affirmed 
        State authority to restrict ballot harvesting (Brnovich v. 
        Democratic National Committee, 141 S. Ct. 2321 (2021)).

SEC. 3. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION FOR 
              STATES ALLOWING COLLECTION AND TRANSMISSION OF BALLOTS BY 
              CERTAIN THIRD PARTIES.

    (a) In General.--The Help America Vote Act of 2002 (52 U.S.C. 20901 
et seq.) is amended by adding at the end the following new section:

``SEC. 907. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION 
              FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF 
              BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be used to administer any election for Federal office 
in a State 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 office that was mailed to another person, other 
than an individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged 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 institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end the following new item:

``Sec. 907. Prohibition on Federal funds for election administration 
                            for States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.
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