Climate Resilient Elections Act

Bill Number

H.R. 5407

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-09-16: Referred to the House Committee on House Administration.

Last Updated

2025-09-26T15:32:55Z

AI-Generated Summary

Purpose

The Climate Resilient Elections Act (H.R. 5407) aims to protect the integrity and accessibility of U.S. elections during major disasters, particularly those driven by climate change, such as hurricanes, wildfires, and floods. It emphasizes preparing election infrastructure to prevent voter disenfranchisement, maintain public confidence, and ensure continuity of voting processes amid increasing natural threats.

Key Provisions

• Continuity of Operations Plans (Section 3): States receiving federal election grants must submit a plan to the Election Assistance Commission (EAC) by September 30, 2028, detailing how elections will continue during disasters likely in their area (e.g., major disasters as defined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which covers events like hurricanes or floods). Plans must be updated every five years until 2043, with optional updates thereafter, retained for five years, and may involve coordination with other governments or entities. The EAC must publicly share these plans online or via reports, while protecting sensitive information like personal data or security risks.
• Comptroller General Report (Section 4): The U.S. Government Accountability Office (GAO, led by the Comptroller General) must analyze by September 30, 2026: (1) how natural disasters affect voter registration in impacted areas; (2) ways the federal government can better support states and local governments in running elections during disasters, including reallocating non-emergency federal resources; and (3) any needed laws for efficient emergency aid to election systems. The report goes to congressional committees on administration and rules. It clarifies that the law does not allow federal seizure of ballots or voting machines.
• Grants for Election Resiliency (Section 5): The EAC will award grants to states to bolster voting systems against disasters during federal elections. Eligible uses include disaster training for officials and workers, voter education on contingency plans, developing required continuity plans, upgrading resilient voting technology (e.g., machines or methods for casting/counting votes), and setting up voter hotlines. Funds cannot cover litigation costs (except permitted uses), judgments, or court-violating activities. Authorizes $20 million annually from fiscal years 2026 to 2030.
• Definitions (Section 6): Key terms include "covered major disaster" (a presidentially declared major disaster under the Stafford Act occurring during a federal election's voting period, due to natural events like storms or fires, floods, explosions, or terrorism) and "State" (as defined in the Help America Vote Act of 2002, including U.S. territories).

The bill's findings (Section 2) highlight historical election disruptions from disasters (e.g., Hurricanes Sandy, Michael, Ida, Helene, and Milton; California wildfires) and climate trends worsening threats to voting infrastructure, underscoring elections as critical national security infrastructure.

Significant Changes to Existing Law

• Amends the Help America Vote Act of 2002 by adding a new Section 907, mandating continuity plans for grant-receiving states—a requirement not previously in place.
• Introduces new federal grant funding specifically for climate-resilient election improvements, building on but distinct from existing EAC programs like election security grants.
• Requires a GAO study on federal disaster aid for elections, potentially informing future laws, without altering core disaster relief statutes like the Stafford Act.

Potential Impacts

• Government Agencies: The EAC gains responsibilities for reviewing plans, awarding grants, and public dissemination, increasing its workload and budget needs. States and local election offices must invest time and resources in planning and training. The GAO will conduct targeted research, and federal agencies (e.g., DHS, DOE) may see indirect calls for resource coordination during disasters.
• Citizens: Voters in disaster-prone areas (e.g., coastal or wildfire regions) could benefit from more reliable access to polling, absentee voting, and information, reducing turnout drops and disenfranchisement. Underserved communities, already facing voting barriers, may see targeted protections.
• International Relations: No direct impacts; the bill focuses on domestic election security and climate adaptation without foreign policy elements.

Main Stakeholders Affected

• States and Local Governments: Primary recipients of requirements and grants; must prepare and update plans, train staff, and upgrade systems.
• Election Officials, Poll Workers, and Voters: Officials gain tools for disaster response; voters, especially in high-risk areas, benefit from continuity measures and education.
• Federal Entities: EAC (grant administration and plan oversight), GAO (research and reporting), and congressional committees (receiving reports and overseeing implementation).
• Tribal and Underserved Communities: Explicitly noted for coordination in planning and disproportionate climate impacts, potentially aiding their election access.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces the Help America Vote Act by tying federal funding to disaster preparedness, ensuring compliance without overriding state election authority. Includes safeguards against federal overreach (e.g., no ballot seizure) and protects sensitive plan information to avoid security risks.
• Constitutional: Supports the right to vote under the U.S. Constitution (e.g., Article I and Amendments 14, 15, 19, 24, 26) by mitigating barriers from disasters, promoting equal access without federalizing elections.
• Political: Addresses climate change's role in election threats, potentially sparking debates on environmental policy in voting laws. Ties funding to resiliency, which could influence budget priorities, but remains neutral on partisan election issues by focusing on administrative continuity.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Morelle, Joseph D. [D-NY-25]

Cosponsors (3)

Rep. Sewell, Terri A. [D-AL-7], Rep. Torres, Norma J. [D-CA-35], Rep. Johnson, Julie [D-TX-32]

Recent Actions

• 2025-09-16: Referred to the House Committee on House Administration.
• 2025-09-16: Introduced in House
• 2025-09-16: Introduced in House

Bill Versions

• Climate Resilient Elections Act — issued 2025-09-16 — PDF (13 pages)