Election Worker Protection Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1318 To provide enhanced protections for election workers. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 Ms. KLOBUCHAR (for herself, Mr. DURBIN, Mr. KING, Mr. MARKEY, Mr. REED, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. BENNET, Mr. WELCH, Mrs. FEINSTEIN, Mrs. MURRAY, Mr. HICKENLOOPER, Mr. SANDERS, Mr. WARNER, Mr. PADILLA, Ms. WARREN, Mr. SCHATZ, Ms. SMITH, Mr. MERKLEY, Mr. WHITEHOUSE, Ms. STABENOW, Ms. HIRONO, and Mr. MENENDEZ) introduced the following bill; which was read twice and re- ferred to the Committee on Rules and Administration A BILL To provide enhanced protections for election workers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Election Worker Pro- 4 tection Act of 2023’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ELECTION WORKER.—The term ‘‘election 8 worker’’ means an individual who is an election offi- 9 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1318 IS cial, poll worker, or an election volunteer in connec- 1 tion with the administration of an election for a 2 Federal office. 3 (2) PERSONALLY IDENTIFIABLE INFORMA- 4 TION.—The term ‘‘personally identifiable informa- 5 tion’’ has the meaning given the term ‘‘restricted 6 personal information’’ in section 119 of title 18, 7 United States Code. 8 SEC. 3. GRANTS TO STATES FOR ELECTION WORKER RE- 9 CRUITMENT, TRAINING, AND SAFETY. 10 (a) IN GENERAL.—Subtitle D of title II of the Help 11 America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 12 amended by adding at the end the following: 13 ‘‘PART 7—ELECTION WORKER RECRUITMENT, 14 TRAINING, AND SAFETY 15 ‘‘SEC. 297. GRANTS TO STATES FOR POLL WORKER AND 16 ELECTION VOLUNTEER RECRUITMENT AND 17 TRAINING. 18 ‘‘(a) IN GENERAL.—Not later than 1 year after the 19 date of enactment of the Election Worker Protection Act 20 of 2023, the Commission shall, subject to the availability 21 of appropriations provided to carry out this section, make 22 a grant to each eligible State for recruiting and training 23 individuals to serve as poll workers and election volunteers 24 on dates of elections for public office. 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1318 IS ‘‘(b) USE OF COMMISSION MATERIALS AND TRAIN- 1 ING PROGRAM DEVELOPMENT.— 2 ‘‘(1) IN GENERAL.—In carrying out activities 3 using funds under a grant provided under this sec- 4 tion, the recipient of the grant shall— 5 ‘‘(A) use the materials prepared by the 6 Commission on successful practices for poll 7 worker and election volunteer recruiting, train- 8 ing, and retention as an interactive training 9 tool; and 10 ‘‘(B) develop training programs with the 11 participation and input of experts in adult 12 learning. 13 ‘‘(2) ACCESS AND CULTURAL CONSIDER- 14 ATIONS.—The Commission shall ensure that the ma- 15 terials described in paragraph (1)(A) provide train- 16 ing in methods that will enable poll workers and 17 election volunteers to provide access and delivery of 18 services that meet the unique needs of each voter in 19 a culturally competent manner with respect to each 20 voter who uses the services, including voters who 21 have limited English proficiency, are of diverse cul- 22 tural or ethnic backgrounds, or have disabilities, re- 23 gardless of gender, sexual orientation, or gender 24 identity. 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1318 IS ‘‘(c) REQUIREMENTS FOR ELIGIBILITY.— 1 ‘‘(1) APPLICATION.—Each State that desires to 2 receive a payment under this section shall submit an 3 application for the payment to the Commission at 4 such time, in such manner, and containing such in- 5 formation as the Commission may reasonably re- 6 quire. 7 ‘‘(2) CONTENTS OF APPLICATION.—Each appli- 8 cation submitted under paragraph (1) shall— 9 ‘‘(A) describe the activities for which as- 10 sistance under this section is sought; 11 ‘‘(B) provide assurances that— 12 ‘‘(i) the funds provided under this sec- 13 tion will be used to supplement and not 14 supplant other funds used to carry out the 15 activities; 16 ‘‘(ii) the State will furnish the Com- 17 mission with information about individuals 18 who served as poll workers and election 19 volunteers after recruitment and training 20 with the funds provided under this section; 21 and 22 ‘‘(iii) the State will dedicate poll work- 23 er and election volunteer recruitment ef- 24 forts with respect to— 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1318 IS ‘‘(I) youth and minors, including 1 by recruiting at institutions of higher 2 education and secondary education; 3 and 4 ‘‘(II) diversity, including with re- 5 spect to race, ethnicity, and disability; 6 and 7 ‘‘(C) provide such additional information 8 and certifications as the Commission deter- 9 mines to be essential to ensure compliance with 10 the requirements of this section. 11 ‘‘(d) AMOUNT OF GRANT.— 12 ‘‘(1) IN GENERAL.—The amount of a grant 13 made to a State under this section shall be equal to 14 the product of— 15 ‘‘(A) the aggregate amount made available 16 for grants to States under this section; and 17 ‘‘(B) the voting age population percentage 18 for the State. 19 ‘‘(2) VOTING AGE POPULATION PERCENTAGE 20 DEFINED.—In paragraph (1), the ‘voting age popu- 21 lation percentage’ for a State is the quotient of— 22 ‘‘(A) the voting age population of the State 23 (as determined on the basis of the most recent 24 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1318 IS information available from the Bureau of the 1 Census); divided by 2 ‘‘(B) the total voting age population of all 3 States (as determined on the basis of the most 4 recent information available from the Bureau of 5 the Census). 6 ‘‘(e) RULES FOR STATES THAT DO NOT SUBMIT AN 7 APPLICATION AND GRANTS TO POLITICAL SUBDIVI- 8 SIONS.— 9 ‘‘(1) IN GENERAL.—If a State fails to submit 10 an application under subsection (c) at the time es- 11 tablished by the Commission for such submission, 12 the Commission may offer to political subdivisions 13 within that State the opportunity to apply for a pay- 14 ment under this section. 15 ‘‘(2) CONTENTS OF APPLICATION.—Each appli- 16 cation submitted under paragraph (1) shall— 17 ‘‘(A) describe the activities for which as- 18 sistance under this section is sought; 19 ‘‘(B) provide assurances that— 20 ‘‘(i) the funds provided under this sec- 21 tion will be used to supplement and not 22 supplant other funds used to carry out the 23 activities; 24 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1318 IS ‘‘(ii) the political subdivision will fur- 1 nish the Commission with information 2 about individuals who served as poll work- 3 ers and election volunteers after recruit- 4 ment and training with the funds provided 5 under this section; and 6 ‘‘(iii) the political subdivision will 7 dedicate poll worker and election volunteer 8 recruitment efforts with respect to— 9 ‘‘(I) youth and minors, including 10 by recruiting at institutions of higher 11 education and secondary education; 12 and 13 ‘‘(II) diversity, including with re- 14 spect to race, ethnicity, and disability; 15 and 16 ‘‘(C) provide such additional information 17 and certifications as the Commission deter- 18 mines to be essential to ensure compliance with 19 the requirements of this section. 20 ‘‘(3) AMOUNT OF GRANTS FOR POLITICAL SUB- 21 DIVISIONS.—The amount of a grant made to a polit- 22 ical subdivision under this subsection shall be an 23 amount that bears the same proportion to the 24 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1318 IS amount determined with respect to the State in 1 which the political subdivision is located as— 2 ‘‘(A) the aggregate amount made available 3 for grants to States under this section; bears to 4 ‘‘(B) the voting age population percentage 5 for the political subdivision of the State. 6 ‘‘(f) REPORTS TO CONGRESS.— 7 ‘‘(1) RELEVANT COMMITTEES.—In this sub- 8 section, the term ‘relevant committees’ means— 9 ‘‘(A) the Committees on Rules and Admin- 10 istration and Appropriations of the Senate; and 11 ‘‘(B) the Committees on Administration 12 and Appropriations of the House of Representa- 13 tives. 14 ‘‘(2) REPORTS BY RECIPIENTS OF GRANTS.— 15 Not later than 180 days after the date on which the 16 Commission makes a final grant under this section, 17 the recipient shall submit a report to the Commis- 18 sion on the activities conducted with the funds pro- 19 vided under the grant. 20 ‘‘(3) REPORTS BY COMMISSION.—Not later 21 than 1 year after the date on which the Commission 22 makes the final grant under this section, the Com- 23 mission shall submit a report to the relevant com- 24 mittees regarding— 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1318 IS ‘‘(A) the grants made under this section; 1 ‘‘(B) the activities carried out by recipients 2 using funds provided under the grants; and 3 ‘‘(C) such recommendations relating to re- 4 cruitment and training of election workers as 5 the Commission considers appropriate. 6 ‘‘(g) FUNDING.— 7 ‘‘(1) AUTHORIZATION.—There is authorized to 8 be appropriated to the Commission for fiscal year 9 2024 and each succeeding fiscal year such sums as 10 may be necessary for payments under this section, 11 to remain available until expended. 12 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 13 amount appropriated for any fiscal year to carry out 14 this section, not more than 3 percent shall be avail- 15 able for administrative expenses of the Commission. 16 ‘‘SEC. 298. GRANTS TO STATES FOR ELECTION WORKER 17 SAFETY. 18 ‘‘(a) IN GENERAL.—Not later than 1 year after the 19 date of enactment of the Election Worker Protection Act 20 of 2023, the Commission shall, subject to the availability 21 of appropriations provided to carry out this section, make 22 a grant to each eligible State for physical security services 23 and social media threat monitoring for election workers. 24 ‘‘(b) REQUIREMENTS FOR ELIGIBILITY.— 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1318 IS ‘‘(1) APPLICATION.—Each State that desires to 1 receive a payment under this section shall submit an 2 application for the payment to the Commission at 3 such time, in such manner, and containing such in- 4 formation as the Commission may reasonably re- 5 quire. 6 ‘‘(2) CONTENTS OF APPLICATION.—Each appli- 7 cation submitted under paragraph (1) shall— 8 ‘‘(A) describe the activities for which as- 9 sistance under this section is sought; and 10 ‘‘(B) provide assurances that— 11 ‘‘(i) the funds provided under this sec- 12 tion will be used to supplement and not 13 supplant other funds used to carry out the 14 activities; and 15 ‘‘(ii) the State will furnish the Com- 16 mission with information on the number of 17 individuals provided services under this 18 section. 19 ‘‘(c) AMOUNT OF GRANT.— 20 ‘‘(1) IN GENERAL.—The amount of a grant 21 made to a State under this section shall be equal to 22 the product of— 23 ‘‘(A) the aggregate amount made available 24 for grants to States under this section; and 25 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1318 IS ‘‘(B) the voting age population percentage 1 for the State. 2 ‘‘(2) VOTING AGE POPULATION PERCENTAGE 3 DEFINED.—In paragraph (1), the ‘voting age popu- 4 lation percentage’ for a State is the quotient of— 5 ‘‘(A) the voting age population of the State 6 (as determined on the basis of the most recent 7 information available from the Bureau of the 8 Census); divided by 9 ‘‘(B) the total voting age population of all 10 States (as determined on the basis of the most 11 recent information available from the Bureau of 12 the Census). 13 ‘‘(d) RULES FOR STATES THAT DO NOT SUBMIT AN 14 APPLICATION AND GRANTS TO POLITICAL SUBDIVI- 15 SIONS.— 16 ‘‘(1) IN GENERAL.—If a State fails to submit 17 an application under subsection (b) at the time es- 18 tablished by the Commission for such submission, 19 the Commission may offer to political subdivisions 20 within that State the opportunity to apply for a pay- 21 ment under this section. 22 ‘‘(2) CONTENTS OF APPLICATION.—Each appli- 23 cation submitted under paragraph (1) shall— 24 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1318 IS ‘‘(A) describe the activities for which as- 1 sistance under this section is sought; and 2 ‘‘(B) provide assurances that— 3 ‘‘(i) the funds provided under this sec- 4 tion will be used to supplement and not 5 supplant other funds used to carry out the 6 activities; and 7 ‘‘(ii) the political subdivision will fur- 8 nish the Commission with information on 9 the number of individuals provided services 10 under this section. 11 ‘‘(3) AMOUNT OF GRANTS FOR POLITICAL SUB- 12 DIVISIONS.—The amount of a grant made to a polit- 13 ical subdivision under this subsection shall be an 14 amount that bears the same proportion to the 15 amount determined with respect to the State in 16 which the political subdivision is located as— 17 ‘‘(A) the aggregate amount made available 18 for grants to States under this section; bears to 19 ‘‘(B) the voting age population percentage 20 for the political subdivision of the State. 21 ‘‘(e) REPORTS TO CONGRESS.— 22 ‘‘(1) RELEVANT COMMITTEES.—In this sub- 23 section, the term ‘relevant committees’ means— 24 VerDate Sep 11 2014 04:47 May 03, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1318 IS ‘‘(A) the Committees on Rules and Admin- 1 istration and Appropriations of the Senate; and 2 ‘‘(B) the Committees on Administration 3 and Appropriations of the House of Representa- 4 [Text truncated for display. 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