Election Integrity Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3257 To amend the Help America Vote Act of 2002 to prohibit States from using in the administration of an election for Federal office proprietary voting system hardware or software which prevents the system from meeting the voluntary voting system guidelines for interoperability and auditability issued by the Election Assistance Commission under such Act, a voting system whose hardware and software components are manu- factured, maintained, or serviced outside the United States, or a voting system which is connected to the internet. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. POSEY introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to prohibit States from using in the administration of an election for Federal office proprietary voting system hardware or software which prevents the system from meeting the voluntary voting system guidelines for interoperability and auditability issued by the Election Assistance Com- mission under such Act, a voting system whose hardware and software components are manufactured, maintained, or serviced outside the United States, or a voting system which is connected to the internet. VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3257 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Election Integrity Act 4 of 2023’’. 5 SEC. 2. PROHIBITING USE OF PROPRIETARY VOTING SYS- 6 TEM HARDWARE OR SOFTWARE NOT ENA- 7 BLING AUDITS. 8 (a) PROHIBITION.—Section 301(a) of the Help Amer- 9 ica Vote Act of 2002 (52 U.S.C. 21081(a)) is amended 10 by adding at the end the following new paragraph: 11 ‘‘(7) PROHIBITING USE OF PROPRIETARY HARD- 12 WARE OR SOFTWARE NOT MEETING VOLUNTARY 13 GUIDANCE FOR INTEROPERABILITY AND 14 AUDITABILITY.—The voting system may not use any 15 proprietary hardware or software unless the manu- 16 facturer of the hardware or software provides the 17 appropriate election official with such information 18 and assistance as the official may require to enable 19 the voting system to be interoperable and auditable 20 in accordance with the most recent voluntary voting 21 system guidelines issued by the Commission under 22 this title.’’. 23 (b) EFFECTIVE DATE.—Section 301(d) of such Act 24 (52 U.S.C. 21081(d)) is amended by striking the period 25 VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3257 IH at the end and inserting the following: ‘‘, or, in the case 1 of the requirements of paragraph (7) of subsection (a), 2 on and after January 1, 2024.’’. 3 SEC. 3. PROHIBITING USE OF VOTING SYSTEM PRODUCED 4 BY FOREIGN ENTITY IN ELECTIONS FOR FED- 5 ERAL OFFICE. 6 (a) PROHIBITION.—Section 301(a) of the Help Amer- 7 ica Vote Act of 2002 (52 U.S.C. 21081(a)), as amended 8 by section 2(a), is further amended by adding at the end 9 the following new paragraphs: 10 ‘‘(8) SYSTEM HARDWARE AND SOFTWARE MAN- 11 UFACTURED AND MAINTAINED IN UNITED 12 STATES.—All of the hardware components and all of 13 the software components of the system shall be man- 14 ufactured in the United States and shall be main- 15 tained and serviced only by persons who are in the 16 United States. 17 ‘‘(9) SYSTEM NOT PRODUCED BY FOREIGN EN- 18 TITY.— 19 ‘‘(A) IN GENERAL.—The voting system 20 may not be produced by a foreign entity. 21 ‘‘(B) FOREIGN ENTITY DEFINED.—In sub- 22 paragraph (A), the term ‘foreign entity’ means 23 any of the following: 24 ‘‘(i) A foreign national. 25 VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3257 IH ‘‘(ii) Any corporation which is not a 1 foreign national and in which a foreign na- 2 tional or an alien directly or indirectly 3 owns or controls any voting share. 4 ‘‘(iii) Any corporation which is not a 5 foreign national and with respect to which 6 any of the members of the board of direc- 7 tors are foreign nationals or aliens. 8 ‘‘(iv) Any corporation which is not a 9 foreign national and over which one or 10 more foreign nationals or aliens has the 11 power to direct, dictate, or control the de- 12 cision-making process of the corporation 13 with respect to its interests in the United 14 States. 15 ‘‘(C) FOREIGN NATIONAL DEFINED.—In 16 this paragraph, the term ‘foreign national’ has 17 the meaning given such term in section 1(b) of 18 the Foreign Agents Registration Act of 1938, 19 as amended (22 U.S.C. 611(b)), except that 20 such term shall not include any individual who 21 is a citizen of the United States. 22 ‘‘(D) ALIEN DEFINED.—In this paragraph, 23 the term ‘alien’ means an individual who is not 24 a citizen of the United States or a national of 25 VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3257 IH the United States (as defined in section 1 101(a)(22) of the Immigration and Nationality 2 Act), and who is not lawfully admitted for per- 3 manent residence (as defined in section 4 101(a)(20) of such Act).’’. 5 (b) EFFECTIVE DATE.—Section 301(d) of such Act 6 (52 U.S.C. 21081(d)), as amended by section 2(b), is fur- 7 ther amended to read as follows: 8 ‘‘(d) EFFECTIVE DATE.— 9 ‘‘(1) IN GENERAL.—Except as provided in para- 10 graph (2), each State and jurisdiction shall be re- 11 quired to comply with the requirements of this sec- 12 tion on and after January 1, 2006, or, in the case 13 of the requirements of paragraph (7) of subsection 14 (a), on and after January 1, 2024. 15 ‘‘(2) SPECIAL RULE FOR REQUIREMENTS RE- 16 LATING TO FOREIGN ENTITIES.—In the case of the 17 requirements of paragraphs (8) and (9) of sub- 18 section (a), each State and jurisdiction shall be re- 19 quired to comply with such requirements on and 20 after the date of the enactment of the Election In- 21 tegrity Act of 2023.’’. 22 VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3257 IH SEC. 4. PROHIBITING CONNECTION OF VOTING SYSTEMS 1 TO INTERNET. 2 (a) PROHIBITION.—Section 301(a) of the Help Amer- 3 ica Vote Act of 2002 (52 U.S.C. 21081(a)), as amended 4 by section 2(a) and section 3(a), is further amended by 5 adding at the end the following new paragraph: 6 ‘‘(10) PROHIBITING CONNECTION OF SYSTEM 7 TO THE INTERNET.— 8 ‘‘(A) IN GENERAL.—No system or device 9 upon which ballots are programmed or votes are 10 cast or tabulated shall be connected to the 11 internet at any time. 12 ‘‘(B) PROHIBITING ACCEPTANCE OF BAL- 13 LOTS TRANSMITTED ONLINE.—The voting sys- 14 tem may not directly tabulate any voted ballot 15 which is transmitted to an election official on- 16 line. 17 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 18 contained in this paragraph shall be deemed to 19 prohibit the Commission from conducting the 20 studies under section 242 or to conduct other 21 similar studies under any other provision of law 22 in a manner consistent with this paragraph.’’. 23 (b) EFFECTIVE DATE.—Section 301(d)(1) of such 24 Act (52 U.S.C. 21081(d)(1)), as amended by section 2(b) 25 and section 3(b), is further amended by striking ‘‘para- 26 VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3257 IH graph (7) of subsection (a)’’ and inserting ‘‘paragraphs 1 (7) and (10) of subsection (a)’’. 2 Æ VerDate Sep 11 2014 01:35 May 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3257.IH H3257 pbinns on DSKJLVW7X2PROD with $$_JOB