To establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020 and make recommendations to Congress to improve the security, integrity, and administration of Federal elections, and for other purposes.

I 117TH CONGRESS 1ST SESSION H. R. 607 To establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020 and make recommendations to Congress to improve the security, integrity, and administration of Federal elections, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. SMUCKER (for himself and Mrs. MCCLAIN) introduced the following bill; which was referred to the Committee on House Administration A BILL To establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020 and make rec- ommendations to Congress to improve the security, integ- rity, and administration of Federal elections, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ESTABLISHMENT. 3 There is established in the legislative branch the 4 Election Integrity Commission (referred to in this Act as 5 the ‘‘Commission’’). 6 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 607 IH SEC. 2. MEMBERSHIP. 1 (a) COMPOSITION.— 2 (1) IN GENERAL.—The Commission shall be 3 composed of 18 members as follows: 4 (A) 3 shall be Members of the House of 5 Representatives from the majority party of the 6 House who represent a congressional district in 7 a State described in paragraph (2), who shall 8 be appointed by the Speaker of the House. 9 (B) 3 shall be Members of the House of 10 Representatives from the minority party of the 11 House who represent a congressional district in 12 a State described in paragraph (2), who shall 13 be appointed by the minority leader of the 14 House. 15 (C) 3 shall be Senators from the majority 16 party of the Senate who represent a State de- 17 scribed in paragraph (2), who shall be ap- 18 pointed by the majority leader of the Senate. 19 (D) 3 shall be Senators from the minority 20 party of the Senate who represent a State de- 21 scribed in paragraph (2), who shall be ap- 22 pointed by the minority leader of the Senate. 23 (E) 6 individuals who are State or local 24 election officials, of whom— 25 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 607 IH (i) 3 shall be appointed jointly by the 1 majority leader of the House and the ma- 2 jority leader of the Senate; and 3 (ii) 3 shall be appointed jointly by the 4 minority leader of the House and the mi- 5 nority leader of the Senate. 6 (2) STATES DESCRIBED.—A State described in 7 this paragraph is a State in which the winning can- 8 didate for the office of President in the November 9 2020 general election won by a margin of 1.5 per- 10 centage points or less. 11 (b) CO-CHAIRS.—Two of the members of the Com- 12 mission shall serve as Co-Chairs, of whom— 13 (1) one shall be designated jointly by the leader 14 of the Senate (majority or minority leader, as the 15 case may be) of the Republican Party and the leader 16 of the House of Representatives (majority or minor- 17 ity leader, as case may be) of the Republican Party; 18 and 19 (2) one shall be designated jointly by the leader 20 of the Senate (majority or minority leader, as the 21 case may be) of the Democratic Party and the leader 22 of the House of Representatives (majority or minor- 23 ity leader, as case may be) of the Democratic Party. 24 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 607 IH (c) DATE.—The appointments of the members of the 1 Commission shall be made not later than 90 days after 2 the date of enactment of this Act. 3 (d) PERIOD OF APPOINTMENT; VACANCIES.— 4 (1) IN GENERAL.—Except as provided in para- 5 graph (2), a member of the Commission shall be ap- 6 pointed for the duration of the Commission. 7 (2) REMOVAL.—A member may be removed 8 from the Commission at any time at the upon con- 9 currence of both of the Co-Chairs of the Commis- 10 sion. 11 (3) VACANCIES.—A vacancy in the Commis- 12 sion— 13 (A) shall not affect the powers of the Com- 14 mission; and 15 (B) shall be filled in the same manner as 16 the original appointment. 17 (e) NO COMPENSATION.—The members of the Com- 18 mission may not receive pay or benefits from the United 19 States Government by reason of their service on the Com- 20 mission, but may receive travel expenses, including per 21 diem in lieu of subsistence, in accordance with applicable 22 provisions under subchapter I of chapter 57 of title 5, 23 United States Code. 24 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 607 IH SEC. 3. DUTIES. 1 (a) STUDY.— 2 (1) IN GENERAL.—The Commission shall, con- 3 sistent with applicable law, study the integrity and 4 administration of the general election for Federal of- 5 fice held in November 2020 and make recommenda- 6 tions to Congress to improve the security, integrity, 7 and administration of Federal elections. 8 (2) MATTERS STUDIED.—The matters studied 9 by the Commission shall include— 10 (A) the effects of the COVID–19 pandemic 11 on the administration of the general election for 12 Federal office held in November 2020; 13 (B) the election practices adopted by Fed- 14 eral, State, and local governments in response 15 to the COVID–19 pandemic, including— 16 (i) practices that undermined the se- 17 curity and integrity of the election; and 18 (ii) practices that strengthened the se- 19 curity and integrity of the election; 20 (C) the laws, rules, policies, activities, 21 strategies, and practices regarding mail-in bal- 22 lots, absentee ballots, and vote-by-mail proce- 23 dures, including— 24 (i) measures that undermined the se- 25 curity and integrity of the election; and 26 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 607 IH (ii) measures that strengthened the 1 security and integrity of the election; 2 (D) any laws, rules, policies, activities, 3 strategies, and practices that were inconsistent 4 with or in violation of established State law and 5 resulted in irregularities in the casting of bal- 6 lots in the election; and 7 (E) any laws, rules, policies, activities, 8 strategies, and practices that were inconsistent 9 with or in violation of established State law and 10 resulted in irregularities in voter registration 11 for the election. 12 (b) REPORTS.— 13 (1) INITIAL REPORT.—Not later than 180 days 14 after the date of the enactment of this Act, the 15 Commission shall submit to the Election Assistance 16 Commission and the appropriate Congressional com- 17 mittees a report on the matters studied under sub- 18 section (a). Such report shall include— 19 (A) precinct-by-precinct data highlighting 20 the number and incidence of any irregularities 21 in the casting of ballots in the election; and 22 (B) precinct-by-precinct data highlighting 23 the number and incidence of any irregularities 24 in voter registration for the election. 25 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 607 IH (2) FINAL REPORT; RECOMMENDATIONS.— 1 (A) IN GENERAL.—Not later than 1 year 2 after the date of the enactment of this Act, the 3 Commission shall submit to the Election Assist- 4 ance Commission and the appropriate Congres- 5 sional committees a final report on the matters 6 studied under subsection (a), and shall include 7 in such report recommendations on the fol- 8 lowing: 9 (i) The best practices that should be 10 adopted by at each level of local, State, 11 and Federal Government for administering 12 elections for Federal office— 13 (I) during the COVID–19 pan- 14 demic; and 15 (II) during other national emer- 16 gencies. 17 (ii) The best practices that should be 18 adopted at each level of local, State, and 19 Federal Government to increase the integ- 20 rity and security of mail-in ballots, absen- 21 tee ballots, and vote-by-mail procedures. 22 (iii) The best practices that should be 23 adopted at each level of local, State, and 24 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 607 IH Federal Government to prevent irregular- 1 ities in the casting of ballots. 2 (iv) The best practices that should be 3 adopted at each level of local, State, and 4 Federal Government to prevent irregular- 5 ities in voter registration. 6 (B) MINORITY VIEWS.—In the case of any 7 recommendation with respect to which one-third 8 or more of the Committee does not concur, the 9 report shall include a justification for why such 10 members do not concur. 11 (3) APPROPRIATE CONGRESSIONAL COMMIT- 12 TEES.—For purposes of this subsection, the term 13 ‘‘appropriate Congressional Committees’’ means— 14 (A) the Committee on Rules and Adminis- 15 tration of the Senate; 16 (B) the Committee on the Judiciary of the 17 Senate; 18 (C) the Committee on House Administra- 19 tion of the House of Representatives; and 20 (D) the Committee on the Judiciary of the 21 House of Representatives. 22 SEC. 4. POWERS. 23 (a) HEARINGS AND SESSIONS.—The Commission 24 may, for the purpose of carrying out this Act, hold hear- 25 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 607 IH ings, sit and act at times and places, take testimony, and 1 receive evidence as the Commission considers appropriate. 2 The Commission may administer oaths or affirmations to 3 witnesses appearing before it. 4 (b) POWERS OF MEMBERS AND AGENTS.—Any mem- 5 ber or agent of the Commission may, if authorized by the 6 Commission, take any action which the Commission is au- 7 thorized to take by this section. 8 (c) OBTAINING OFFICIAL DATA.—The Commission 9 may secure directly from any department or agency of the 10 United States information necessary to enable it to carry 11 out this Act. Upon request of the chair or the staff direc- 12 tor of the Commission, the chair of any subcommittee cre- 13 ated by a majority of the Commission, or any member des- 14 ignated by a majority of the Commission, the head of that 15 department or agency shall furnish that information to the 16 Commission. 17 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis- 18 sion may accept, use, and dispose of gifts, bequests, or 19 devises of services or property, both real and personal, for 20 the purpose of aiding or facilitating the work of the Com- 21 mission. 22 (e) MAILS.—The Commission may use the United 23 States mails in the same manner and under the same con- 24 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 607 IH ditions as other departments and agencies of the United 1 States. 2 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 3 request of the Commission, the Architect of the Capitol 4 shall provide to the Commission, on a reimbursable basis, 5 the administrative support services necessary for the Com- 6 mission to carry out its responsibilities under this Act. 7 (g) SUBPOENA POWER.— 8 (1) IN GENERAL.—The Commission may issue 9 subpoenas requiring the attendance and testimony of 10 witnesses and the production of any evidence relat- 11 ing to any matter which the Commission is empow- 12 ered to investigate under this Act. The attendance of 13 witnesses and the production of evidence may be re- 14 quired from any place within the United States at 15 any designated place of hearing within the United 16 States. 17 (2) FAILURE TO OBEY A SUBPOENA.—If a per- 18 son refuses to obey a subpoena issued under para- 19 graph (1), the Commission may apply to a United 20 States district court for an order requiring that per- 21 son to appear before the Commission to give testi- 22 mony, produce evidence, or both, relating to the 23 matter under investigation. The application may be 24 made within the judicial district where the hearing 25 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 607 IH is conducted or where that person is found, resides, 1 or transacts business. Any failure to obey the order 2 of the court may be punished by the court as civil 3 contempt. 4 (3) SERVICE OF SUBPOENAS.—The subpoenas 5 of the Commission shall be served in the manner 6 provided for subpoenas issued by a United States 7 district court under the Federal Rules of Civil Pro- 8 cedure for the United States district courts. 9 (4) SERVICE OF PROCESS.—All process of any 10 court to which application is made under paragraph 11 (2) may be served in the judicial district in which 12 the person required to be served resides or may be 13 found. 14 (h) CONTRACT AUTHORITY.—The Commission may 15 contract with and compensate government and private 16 agencies or persons to enable the Commission to discharge 17 its duties under this Act. 18 SEC. 5. PERSONNEL MATTERS. 19 (a) STAFF.—The Co-Chairs of the Commission may 20 appoint and fix the compensation of such staff as may be 21 appropriate to enable the Commission to carry out its du- 22 ties, without regard to chapter 51 and subchapter III of 23 chapter 53 of title 5, United States Code, relating to clas- 24 sification of positions and General Schedule pay rates, ex- 25 VerDate Sep 11 2014 03:49 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H607.IH H607 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 607 IH cept that the rate of pay for the staff may not exceed the 1 rate payable for level V of the Executive Schedule under 2 section 5316 of that title. 3 (b) STAFF OF FEDERAL AGENCIES.—Upon request 4 of the Commission, the head of any Federal department 5 or agency may detail, on a nonreimbursable basis, any of 6 the personnel of that department or agency to the Com- 7 mission to assist it in carrying out its duties under this 8 Act. 9 (c) EXPERTS AND CONSULTANTS.—The Commission 10 is authorized to procure temporary and intermittent serv- 11 ices under section 3109 of title 5, United States Code, 12 but at rates for individuals not to exceed the daily equiva- 13 lent of the maximum annual rate of basic pay under level 14 IV of the Executive Schedule u [Text truncated for display. Full text available on Congress.gov.]