Election Fraud Prevention Act

Election Fraud Prevention Act

This bill requires each state, in order to receive certain election assistance funds, 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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8285 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8285

 To amend the Help America Vote Act of 2002 to prohibit payments under 
   such Act to States which permit ballot harvesting, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

 Ms. Gabbard (for herself and Mr. Rodney Davis of Illinois) introduced 
   the following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to prohibit payments under 
   such Act to 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 ``Election Fraud Prevention Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The elections clause in the United States Constitution 
        provides the States the responsibility of the administration of 
        the elections process within their jurisdictions.
            (2) Free and fair elections are the lock and key to the 
        democratic process in the United States and it is Congress' 
        duty to protect and uphold the responsibility of the States to 
        conduct an election process with the utmost integrity 
        regardless of political party affiliation.
            (3) Depending on the State or locality, voters have the 
        option of leaving their mail ballots in a drop box, having 
        their ballots collected and submitted by a third party, or 
        returning them at the polls or a local election office.
            (4) Third-party collection of ballots, which some refer to 
        as ``ballot harvesting'', is a practice long used by special-
        interest groups and both major political parties that is viewed 
        either as a voter service that boosts voter turnout or an 
        activity that has the potential to make elections vulnerable to 
        fraud.
            (5) Today, several States have allowed or tried to limit 
        ballot harvesting by restricting who can turn in another 
        person's ballot. Nine States allow a family member to return a 
        ballot for a voter, 27 States allow voters to designate someone 
        to return their ballot for them, although some of these States 
        have placed limits on who may collect the ballots or how many 
        they may collect, and 13 States are silent on the issue of 
        ballot collection.

SEC. 3. PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND 
              TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end 
the following new part:

  ``PART 7--PROHIBITION ON PAYMENTS TO STATES ALLOWING COLLECTION AND 
            TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES

``SEC. 297 ELIGIBILITY FOR PAYMENTS OF STATES ALLOWING COLLECTION AND 
              TRANSMISSION OF BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--A State is not eligible to receive funds under 
this Act 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 while 
        engaged in official duties as 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, adilt 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 inserting after the item relating to section 296 the 
following new item:

  ``Part 7--Prohibition on Payments to States Allowing Collection and 
            Transmission of Ballots by Certain Third Parties

``Sec. 297 Eligibility for payments of States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.
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