Protecting Election Administration from Interference Act of 2025
- Bill Number
- H.R. 2803
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-04-09: Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-07-02T16:27:26Z
AI-Generated Summary
Purpose
The Protecting Election Administration from Interference Act of 2025 aims to strengthen safeguards for election materials by expanding federal requirements for preserving records, papers, and equipment used in federal elections. It seeks to prevent unauthorized interference, ensure accountability, and facilitate oversight while maintaining the integrity of the voting process.
Key Provisions
- Preservation Requirements: Amends Section 301 of the Civil Rights Act of 1960 to require election officers to preserve records (now including electronic records), papers, and election equipment for 22 months after a federal election. The paper record of a voter's ballot remains the official version. Access is limited to those under direct supervision of an election officer.
- Reuse of Equipment: Allows election equipment to be reused in elections within 22 months, as long as all related electronic data from the prior federal election is retained.
- Guidance and Protocols: Directs the Director of the Cybersecurity and Infrastructure Security Agency (CISA) within the Department of Homeland Security, in consultation with the Election Assistance Commission (EAC) and Attorney General, to issue guidance within one year of enactment. This includes standards for preservation, best practices, and protocols for observing the handling of materials by the Attorney General and party representatives.
- Penalties for Violations: Updates Section 302 to impose fines or imprisonment (up to five years) for willfully or recklessly causing the theft, destruction, concealment, mutilation, or alteration of covered materials.
- Inspection and Access: Revises Sections 303–305 to extend rights of inspection, reproduction, and court jurisdiction to electronic records and equipment, while maintaining nondisclosure rules for sensitive information.
- Judicial Review: Adds a new Section 306 allowing the Attorney General, their representative, or a federal election candidate to sue in federal court to enforce preservation rules. Courts must expedite these cases.
- Intimidation Penalties: Amends Section 12 of the National Voter Registration Act of 1993 to criminalize intimidation, threats, or coercion aimed at interfering with ballot processing, scanning, tabulation, canvassing, or certification of results, with penalties including fines or up to one year in prison.
Significant Changes to Existing Law
- Expands the scope of protected materials under the Civil Rights Act of 1960 from just "records and papers" to include "electronic records" and "election equipment" (e.g., voting machines), reflecting modern digital election processes.
- Introduces "reckless disregard" as a standard for penalties, lowering the threshold from solely "willful" violations and broadening accountability.
- Adds a dedicated mechanism for judicial review and expedited court handling, which did not exist before for these specific preservation issues.
- Extends criminal protections under the National Voter Registration Act to cover post-voting stages like tabulation and certification, previously focused more on voter registration and voting access.
Potential Impacts
- On Government Agencies: Increases responsibilities for election administrators to maintain and document materials, with CISA, EAC, and the Department of Justice (via the Attorney General) playing larger roles in guidance, oversight, and enforcement. This could strain resources in smaller jurisdictions but improve national standards for election security.
- On Citizens and Voters: Enhances trust in elections by ensuring verifiable records and equipment, potentially reducing disputes over results. However, stricter rules might indirectly affect access if preservation delays equipment upgrades.
- On International Relations: Minimal direct impact, though stronger domestic election protections could bolster U.S. credibility in promoting global democratic standards.
Main Stakeholders Affected
- Election Officials and Administrators: Bear primary compliance burdens, including preservation and supervised access.
- Voters and the Public: Benefit from protected election integrity but may face indirect effects from enhanced scrutiny.
- Political Candidates and Parties: Gain new rights to seek court enforcement and observe processes, potentially aiding challenges to election administration.
- Federal Agencies: CISA, EAC, and the Attorney General's office must develop and implement guidance and handle increased legal actions.
- Judicial System: Courts will see more expedited cases related to election materials.
Notable Legal, Constitutional, or Political Implications
- Legal: Builds on civil rights-era laws to address digital threats, potentially increasing federal lawsuits over state-run elections and clarifying "official" records (e.g., paper ballots as authoritative). The reckless disregard standard could lead to more prosecutions without requiring proof of intent.
- Constitutional: Reinforces federal authority over federal elections under Article I, Section 4 of the U.S. Constitution, but may raise questions about balancing state autonomy in election management with national preservation mandates.
- Political: Promotes transparency and deterrence against interference, which could reduce post-election controversies; however, it might heighten partisan tensions if used to challenge results, without altering core voting rights or outcomes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Veasey, Marc A. [D-TX-33]
Cosponsors (5)
Rep. Escobar, Veronica [D-TX-16], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Tonko, Paul [D-NY-20], Rep. Green, Al [D-TX-9], Rep. Deluzio, Christopher R. [D-PA-17]
Recent Actions
- 2025-04-09: Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-04-09: Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-04-09: Introduced in House
- 2025-04-09: Introduced in House
Bill Versions
- Protecting Election Administration from Interference Act of 2025 — issued 2025-04-09 — PDF (5 pages)