Protecting Election Administration from Interference Act of 2021
Bill: S.2626 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Government Operations and Politics

Summary:
Protecting Election Administration from Interference Act of 2021
This bill revises preservation and retention requirements for federal election records. It also revises criminal penalties related to election records and the voting process.
Under current law, election officials must, for a period of 22 months from the federal election, retain and preserve all election-related records and papers. This bill extends the requirement to electronic records and electronic equipment.
Next, the bill directs the Cybersecurity and Infrastructure Security Agency to issue minimum standards and best practices for retaining and preserving records (including electronic records), papers, and electronic equipment, including protocols for observing their preservation, security, and transfer by the Department of Justice (DOJ) and a representative of each political party.
In addition, the bill revises the federal criminal offense related to election records or papers to include reckless disregard of election record requirements resulting in the theft, destruction, concealment, mutilation, or alteration of a record, paper, or electronic equipment.
Further, the bill allows DOJ to demand electronic records and electronic equipment for inspection and generally prohibits DOJ from disclosing this information.
The bill allows DOJ and candidates for federal office to bring an action in a district court to compel compliance with election record requirements.
Finally, the bill extends criminal penalties related to voting interference to include intimidating, threatening, or coercing (or attempting to do so) an individual for processing or scanning ballots, tabulating, canvassing, or certifying voting results.

To enhance protections for election records.

    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 ``Protecting Election Administration 
from Interference Act of 2021''.

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--
            (1) by striking ``Every officer'' and inserting the 
        following:
    ``(a) In General.--Every officer'';
            (2) by striking ``records and papers'' and inserting 
        ``records (including electronic records), papers, and election 
        equipment'' each place the term appears;
            (3) by striking ``record or paper'' and inserting ``record 
        (including electronic record), paper, or election equipment'';
            (4) by inserting ``(but only under the direct 
        administrative supervision of an election officer). 
        Notwithstanding 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 following:
    ``(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 
all electronic records, files, and data from such equipment related to 
such Federal election are retained and preserved.
    ``(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 (including 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 
(including 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 Attorney 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, concealment, mutilation, 
        or alteration of,'' after ``or alters''; and
            (2) by striking ``record or paper'' and inserting ``record 
        (including electronic record), paper, or election 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 inserting ``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 (including electronic record), paper, or election equipment''.
    (e) Jurisdiction To Compel Production.--Section 305 of the Civil 
Rights Act of 1960 (52 U.S.C. 20705) is amended by striking ``record or 
paper'' and inserting ``record (including electronic record), paper, or 
election equipment''.

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:

``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 or paper 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 TABULATION, CANVASS, OR 
              CERTIFICATION EFFORTS.

    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 of ballots, or 
                tabulating, canvassing, or certifying voting results; 
                or''.
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