Bill Summary
This legislation, also known as the Disclosure of Access to Election Infrastructure by Foreign Nationals Act, requires the disclosure of any access by foreign nationals to election infrastructure in the United States. This includes physical handling of ballots or voting machines, as well as unmonitored access to storage facilities, centralized vote tabulation locations, and election-related technology such as voter registration databases and communication systems. Chief State election officials must disclose this information to the Commission within 30 days of becoming aware of such activity. The term "foreign national" is defined as stated in the Federal Election Campaign Act of 1971. This legislation also includes conforming amendments to specify enforcement measures and a clerical amendment to the table of contents.
Possible Impacts
1. The legislation would require chief State election officials to disclose any foreign nationals who had access to election infrastructure, such as ballots or voting machines. This could affect foreign nationals who are working or volunteering in election offices, as well as vendors who provide election support services.
2. The legislation would impose a time limit of 30 days for chief State election officials to make these disclosures. This could put pressure on election officials to quickly identify and report any foreign nationals who may have had access to election infrastructure, potentially causing disruptions or delays in the election process.
3. The legislation would broaden the definition of "foreign national" to include anyone who is not a U.S. citizen or permanent resident. This could affect individuals from foreign countries who are legally residing in the U.S. and working in election offices, as well as foreign companies or organizations who provide election support services.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2656 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2656
To disclose access to election infrastructure by foreign nationals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 22, 2019
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To disclose access to election infrastructure by foreign nationals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN
NATIONALS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN
NATIONALS.
``(a) In General.--Each chief State election official shall
disclose to the Commission the identity of any foreign national known
by the chief State election official--
``(1) to have physically handled--
``(A) ballots used in an election for Federal
office; or
``(B) voting machines; or
``(2) to have had unmonitored access to--
``(A) a storage facility or centralized vote
tabulation location used to support the administration
of an election for public office; or
``(B) election-related information or
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and
other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election
process, and report and display election results), and
other systems used to manage the election process and
to report and display election results on behalf of an
election agency.
``(b) Timing.--The chief State election official shall make the
disclosure under subsection (a) not later than 30 days after the date
on which such official becomes aware of an activity described in such
subsection.
``(c) Foreign National Defined.--The term `foreign national' has
the meaning given that term in section 319 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121).''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Disclosure of access to election infrastructure by foreign
nationals.''.
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