Securing America's Future Elections and Votes Act or the SAFE Votes Act
This bill establishes a bipartisan advisory committee within the Election Assistance Commission (EAC) to study the integrity and administration of the November 2020 general election. The committee must also make recommendations to the EAC and Congress on best practices for administering federal elections, including best practices to prevent improper voting and increase the security of vote-by-mail ballots.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4895 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4895
To establish a Bipartisan Advisory Committee to analyze the integrity
and the administration of the 2020 general election for Federal office.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 12, 2020
Mr. Perdue (for himself and Mrs. Loeffler) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To establish a Bipartisan Advisory Committee to analyze the integrity
and the administration of the 2020 general election for Federal office.
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 ``Securing America's Future Elections
and Votes Act'' or the ``SAFE Votes Act''.
SEC. 2. 2020 BIPARTISAN ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Election
Assistance Commission the 2020 Bipartisan Advisory Committee (referred
to in this section as the ``Advisory Committee'').
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of 18 members of whom--
(A) nine shall be appointed by the majority leader
of the Senate (in consultation with the minority leader
of the House of Representatives), one of which shall be
appointed as a Co-Chairperson of the Advisory
Committee; and
(B) nine shall be appointed by the Speaker of the
House of Representatives (in consultation with the
minority leader of the Senate), one of which shall be
appointed as a Co-Chairperson of the Advisory
Committee.
(2) Representation.--Individuals appointed to the Advisory
Committee under paragraph (1) shall be geographically balanced
and shall include representatives of Federal, State, and local
governments and of the legal, cybersecurity, and election
administration and technology communities.
(3) Date.--The appointments of the members of the Advisory
Committee shall be made not later than 90 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--Except as provided in paragraph (2), a
member of the Advisory shall be appointed for the duration of
the Advisory Committee.
(2) Removal.--A member may be removed from the Advisory
Committee at any time at the upon concurrence of both of the
Co-Chairpersons of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment.
(d) Duties.--
(1) Study.--
(A) In general.--The Advisory Committee shall,
consistent with applicable law, study the integrity and
administration of the general election for Federal
office held in November 2020 and make recommendations
to Congress to improve the security, integrity, and
administration of Federal elections.
(B) Matters studied.--The matters studied by the
Advisory Committee shall include--
(i) the effects of the COVID-19 pandemic on
the administration of the general election for
Federal office held in November 2020;
(ii) the election practices adopted by
Federal, State, and local governments in
response to the COVID-19 pandemic, including--
(I) practices that undermined the
security and integrity of the election;
and
(II) practices that strengthened
the security and integrity of the
election;
(iii) the laws, rules, policies,
activities, strategies, and practices regarding
mail-in ballots, absentee ballots, and vote-by-
mail procedures, including--
(I) measures that undermined the
security and integrity of the election;
and
(II) measures that strengthened the
security and integrity of the election;
(iv) any laws, rules, policies, activities,
strategies, and practices that would have
allowed improper or fraudulent votes to be cast
in such election and the scope of any improper
and fraudulent votes that were cast in the
election; and
(v) any laws, rules, policies, activities,
strategies, and practices that would have
allowed improper or fraudulent voter
registration and the scope of any improper or
fraudulent voter registration.
(2) Reports.--
(A) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Advisory
Committee shall submit to the Election Assistance
Commission and the appropriate Congressional committees
a report on the matter studied under paragraph (1).
Such report shall include--
(i) precinct-by-precinct data highlighting
the number and incidence of any improper and
fraudulent votes that were cast in the
election; and
(ii) precinct-by-precinct data highlighting
the number and incidence of any improper and
fraudulent voter registrations.
(B) Recommendations.--
(i) In general.--Not later than 360 days
after the date of the enactment of this Act,
the Advisory Committee shall submit to the
Election Assistance Commission and the
appropriate Congressional committees
recommendations on the following:
(I) The best practices that should
be adopted by at each level of local,
State, and Federal Government for
administering elections for Federal
office--
(aa) during the COVID-19
pandemic; and
(bb) during other national
emergencies.
(II) The best practices that should
be adopted at each level of local,
State, and Federal Government to
mitigate fraud and increase the
integrity and security of mail-in
ballots, absentee ballots, and vote-by-
mail procedures.
(III) The best practices that
should be adopted at each level of
local, State, and Federal Government to
prevent improper or fraudulent votes
from being cast.
(IV) The best practices that should
be adopted at each level of local,
State, and Federal Government to
prevent improper voters from being
registered.
(ii) Minority views.--In the case of any
recommendation with respect to which one-third
or more of the Committee does not concur, the
report shall include a justification for why
such members do not concur.
(C) Appropriate congressional committees.--For
purposes of this paragraph, the term ``appropriate
Congressional Committees'' means--
(i) the Committee on Rules and
Administration of the Senate;
(ii) the Committee on the Judiciary of the
Senate;
(iii) the Committee on House Administration
of the House of Representatives; and
(iv) the Committee on the Judiciary of the
House of Representatives.
(e) Commission Personnel Matters.--
(1) Prohibition on compensation of members.--The members of
the Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
(2) Staff.--
(A) In general.--Each Co-Chairperson of the
Advisory Committee may appoint not more than 5 subject
matter experts to serve as staff to the Advisory
Committee.
(B) Compensation.--The Co-Chairpersons of the
Advisory Committee may fix the compensation of the
staff of the Advisor Committee without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the staff may not exceed the rate
payable for level V of the Executive Schedule under
section 5316 of that title.
(f) Termination.--The Advisory Committee shall terminate 90 days
after the date on which the Advisory Committee submits the report
required under subsection (d).
(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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