Bill Summary
This bill, known as the "Election Fraud Prevention Act," seeks to amend the Help America Vote Act of 2002 in order to prohibit payments to states that allow "ballot harvesting," the practice of collecting and submitting ballots on behalf of others. The bill argues that allowing this practice creates vulnerabilities in the election process and invites electioneering and undue influence by political operatives. It also defines who is allowed to collect and submit ballots and requires states to have a law prohibiting individuals from knowingly engaging in ballot harvesting in order to receive funds under the Help America Vote Act.
Possible Impacts
1. If the Election Fraud Prevention Act were passed, it could affect voters in states that currently allow ballot harvesting. These voters would no longer be able to have their ballots collected and transmitted by third parties, which could make it more difficult for them to cast their votes, especially if they have mobility or accessibility issues.
2. The Act could also affect election officials and employees of the United States Postal Service, as they would no longer be able to collect and transmit ballots on behalf of voters. This could add to their workload and potentially lead to delays in the voting process.
3. The Act could also have an impact on individuals who provide medical or health care assistance to others, as they would no longer be able to collect and transmit ballots for their patients or clients. This could potentially create difficulties for those who rely on caregivers for assistance in voting.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6882 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6882
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
May 15, 2020
Mr. Rodney Davis of Illinois (for himself, Mr. McCarthy, Mr. Scalise,
Mr. Nunes, Mr. Calvert, Mr. McClintock, Mr. LaMalfa, Mr. Cook, Mr.
Walker, and Mr. Loudermilk) 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 that--
(1) the right to vote is a fundamental right of citizens of
the United States;
(2) it is the responsibility of the State and Federal
Governments to ensure that elections are conducted with
integrity;
(3) 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 that individuals
other than voters themselves were depositing large amounts of
absentee ballots at polling places throughout California, a
practice colloquially known as ``ballot harvesting'';
(4) the practice of ballot harvesting in California 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;
(5) 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; and
(6) ballot harvesting invites electioneering activity at
home and creates the possibility of undue influence over voters
by political operatives.
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, 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 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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