Bill Summary
This legislation, known as the "Election Fraud Prevention Act," seeks to amend the Help America Vote Act of 2002 in order to prevent payments to states that allow for "ballot harvesting," or the collection and transmission of ballots by certain third parties. The bill states that it is the responsibility of the states to administer their own election processes and that Congress has a duty to protect the integrity of these processes. It also acknowledges that ballot harvesting, while viewed by some as a way to increase voter turnout, has the potential to make elections vulnerable to fraud. The bill then prohibits payments to states that allow for ballot harvesting, with exceptions for certain individuals such as election officials and family members of the voter. The legislation also defines terms such as "caregiver" and "household member" for the purposes of this Act.
Possible Impacts
1. If passed, this bill could affect individuals who rely on third-party collection of ballots, as they may no longer be able to have someone else collect and submit their ballot for them.
2. This bill could also affect certain caregivers and family members who may have been previously allowed to collect and transmit ballots for their loved ones, as they may now be restricted from doing so.
3. People in states that have not yet addressed the issue of ballot harvesting may also be affected, as they may now be required to follow certain guidelines and restrictions if this bill is passed.
[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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