H.R. 3412House116th Congress (2019-2021)In Committee

Election Security Assistance Act

Introduced June 21, 2019

AI-Generated Summary

Updated April 14, 2026 at 6:34 AM UTC

The Election Security Assistance Act aims to strengthen the security of federal elections by providing funding, technical help, and faster information sharing about cyber threats. It directs new grants to states, expands the definition of voting equipment to include electronic poll books, and creates new security‑clearance and reporting requirements for election officials.

Key Provisions

  • Authorizes $380 million for FY 2020 to the Election Assistance Commission to fund state election‑security improvements, with states required to match 25% of the amount received.
  • Adds electronic poll books to the legal definition of a voting system and defines them as the equipment that stores voter lists and verifies eligibility.
  • Allows the Secretary of Homeland Security to expedite or grant top‑secret clearances for chief state election officials and key Election Assistance Commission staff.
  • Requires DHS, after consulting with the Attorney General and intelligence officials, to notify state and local election officials of credible cyber incidents within 96 hours, while protecting classified information.
  • Creates an Election Cyber Assistance Unit within the Election Assistance Commission to provide regional risk‑management and technical support to election officials.
  • Adds a DHS representative to the technical guidelines development committee under the Help America Vote Act.
  • Mandates joint DHS‑DNI reports to Congress and state officials on foreign election threats, and requires GAO studies on risk‑limiting audits and the feasibility of nationwide paper ballots, plus an EAC study on optimal ballot design.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on House Administration, and in addition to the Committee on Intelligence (Permanent Select), 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.

June 21, 2019

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HouseIntro Referral

Introduced in House

June 21, 2019

HouseIntro Referral

Referred to the Committee on House Administration, and in addition to the Committee on Intelligence (Permanent Select), 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.

June 21, 2019

Floor Debate

20 members

What members said about H.R. 3412 on the floor

8 Republicans12 Democrats
Tom Cole
Rep. Tom ColeR-OK-4 · Jun 25, 2019

Madam Speaker, I yield myself such time as I may consume. I want to thank my good friend, the gentleman from Massachusetts, Chairman McGovern, for yielding me the customary 30 minutes. Madam Speaker,…

Rodney Davis
Rep. Rodney DavisR-IL-13 · Jun 27, 2019

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, in the 2016 election, we saw a very real threat to our Nation when Russia interfered in our elections by using a…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 25, 2019

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 460 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Jun 27, 2019

Madam Speaker, pursuant to House Resolution 460, I call up the bill (H.R. 2722) to protect elections for public office by providing financial support and enhanced security for the infrastructure used…

Rodney Davis
Rep. Rodney DavisR-IL-13 · Jun 25, 2019

Madam Speaker, I rise today to urge my colleagues to defeat the previous question so the House may consider election security legislation that actually has a chance at becoming law. As I explained…

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Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 27, 2019

Madam Speaker, I thank the gentlewoman from California for her leadership. There is not a time that I go home that they don't ask me how we will secure our elections. I am proudly supporting the…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jun 27, 2019

Madam Speaker, I thank the gentlewoman for yielding, the chair of the House Administration Committee, Congresswoman Zoe Lofgren, of whom we are very proud in California. I thank her for leading us on…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Jun 25, 2019

Madam Speaker, I want to thank the chairman, Mr. McGovern, for his extraordinary leadership on H.R. 2722, the Securing America's Federal Elections Act, the SAFE Act. Madam Speaker, we were attacked…

Barry Loudermilk
Rep. Barry LoudermilkR-GA-11 · Jun 27, 2019

Madam Speaker, I thank my good friend from Illinois, an exceptional baseball player, as well, for yielding this time. Look, this is something I am very passionate about, and I am a bit surprised that…

John P. Sarbanes
Rep. John P. SarbanesD-MD-3 · Jun 27, 2019

Madam Speaker, I thank the gentlewoman for yielding. I very strongly support the SAFE Act. This is something that the Democrats have been focused on from day one. Day one meaning, the day after the…

Peter Welch
Rep. Peter WelchD-VT · Jun 25, 2019

Madam Speaker, there is a crisis at the southern border. That is true. This past month, 140,000 people showed up seeking asylum: 84,000 families, 11,000 children. But everything--every single…

Gary J. Palmer
Rep. Gary J. PalmerR-AL-6 · Jun 27, 2019

Madam Speaker, I thank the gentleman from Illinois, who is also a good friend, for the work he is doing on this, trying to bring some transparency to what is really going on here. There are numerous…

Michael Waltz
Rep. Michael WaltzR-FL-6 · Jun 27, 2019

Madam Speaker, election security is especially significant to Floridians. Two Florida counties were breached in the 2016 election as a result of Russian spear phishing targeting county election…

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Ken Calvert
Rep. Ken CalvertR-CA-42 · Jun 27, 2019

Madam Speaker, as a Member from California, it is hard for me to believe that the majority could possibly propose an election security bill that doesn't address the major vulnerabilities related to…

James R. Baird
Rep. James R. BairdR-IN-4 · Jun 27, 2019

Madam Speaker, I thank the gentleman from Illinois for yielding me time. Madam Speaker, keeping our elections safe from cyberattacks and fraud is not and should not be a partisan priority. H.R. 2722…

Jennifer Wexton
Rep. Jennifer WextonD-VA-10 · Jun 27, 2019

Madam Speaker, in 2016, Russian hackers tried to break into Virginia's election system. In response to this information, Virginia took active steps to secure the integrity of our elections. We sped…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Jun 27, 2019

Madam Speaker, I rise in support of the SAFE Act because Vladimir Putin conducted a sweeping and systematic campaign to disrupt and destabilize our Presidential election in 2016. Some say we can't…

Sean Casten
Rep. Sean CastenD-IL-6 · Jun 27, 2019

Madam Speaker, I rise today in support of H.R. 2722, the SAFE Act. Among the many disturbing revelations in the Mueller report, we learned that Russian intelligence officers successfully infiltrated…

Susan A. Davis
Rep. Susan A. DavisD-CA-53 · Jun 27, 2019

Madam Speaker, I rise in support of the SAFE Act. No matter what my colleagues conclude about the Mueller report, I think we can all agree it shows our elections are under foreign attack. What would…

G. K. Butterfield
Rep. G. K. ButterfieldD-NC-1 · Jun 27, 2019

Madam Speaker, I thank the chair of our committee for yielding me time this morning. Madam Speaker, I rise this morning in strong support of H.R. 2722. It is past time that this Congress act boldly…

Ted S. Yoho
Rep. Ted S. YohoR-FL-3 · Jun 27, 2019

Madam Speaker, I thank my friend from Illinois for yielding. I rise today as a Member from the great State of Florida. We all recall the 2000 Presidential election. What happened in Palm Beach County…

Lucy McBath
Rep. Lucy McBathD-GA-6 · Jun 27, 2019

Madam Speaker, I rise in support of H.R. 2722. Our elections are the foundation of our democracy, but they face increasing threats. There is bipartisan agreement that we must do more to guard against…

Bill Text

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Introduced in HouseIssued June 21, 2019

I

116th CONGRESS

1st Session

H. R. 3412

IN THE HOUSE OF REPRESENTATIVES

June 21, 2019

Mr. Rodney Davis of Illinois (for himself, Mr. Walker, Mr. Loudermilk, Mr. Waltz, Mr. Collins of Georgia, and Mr. Upton) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Permanent Select Committee on Intelligence (Permanent Select), 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

A BILL

To protect the administration of Federal elections against cybersecurity threats.

1.

Short title

This Act may be cited as the Election Security Assistance Act.

2.

Grants to States for election administration improvements

(a)

Authorization of funds

Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), there is authorized to be appropriated $380,000,000 for fiscal year 2020 to the Election Assistance Commission for necessary expenses to make payments to States for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized by sections 101, 103, and 104 of such Act.

(b)

Payments to States

(1)

State match

Not later than two years after receiving funds under subsection (a), a State shall make available funds for activities described in such subsection in an amount equal to 25 percent of the total amount of the payment made to the State under such subsection.

(2)

Timing

The Election Assistance Commission shall make payments to States under subsection (a) not later than 45 days after the date of enactment of this Act.

(3)

Guaranteed minimum payment

For purposes of this section, with respect to section 103 of such Act (52 U.S.C. 20903)—

(A)

each reference to “$5,000,000” shall be deemed to refer to “$3,000,000”; and

(B)

each reference to “$1,000,000” shall be deemed to refer to “$600,000”.

(c)

Reference

For purposes of this section, with respect to sections 101 and 103 of such Act, each reference to the “Administrator of General Services” or the “Administrator” shall be deemed to refer to the “Election Assistance Commission”.

3.

Treatment of electronic poll books as part of voting systems

(a)

Inclusion in definition of voting system

Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended—

(1)

in the matter preceding paragraph (1), by striking this section and inserting this Act;

(2)

by striking and at the end of paragraph (1);

(3)

by redesignating paragraph (2) as paragraph (3); and

(4)

by inserting after paragraph (1) the following new paragraph:

(2)

any electronic poll book used with respect to the election; and

.

(b)

Definition

Section 301 of such Act (52 U.S.C. 21081) is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e); and

(2)

by inserting after subsection (b) the following new subsection:

(c)

Electronic poll book defined

In this Act, the term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used—

(1)

to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and

(2)

to identify registered voters who are eligible to vote in an election.

.

(c)

Effective date

Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting the following: , or, with respect to any requirements relating to electronic poll books, on and after January 1, 2020..

4.

Security clearance assistance for election officials

(a)

State officials

In order to promote the timely sharing of information on threats to election infrastructure, the Secretary of Homeland Security may—

(1)

help expedite a security clearance at the top secret level for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official;

(2)

sponsor a security clearance at the top secret level for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and

(3)

facilitate the issuance of a temporary clearance at the top secret level to the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue.

(b)

Election Assistance Commission

The Secretary shall expeditiously issue a security clearance at the top secret level to the following officials:

(1)

Each member of the Election Assistance Commission appointed pursuant to section 203(a) of the Help America Vote Act of 2002 (52 U.S.C. 20923(a)).

(2)

The Executive Director of the Election Assistance Commission appointed pursuant to section 204(a)(1) of such Act (52 U.S.C. 20924(a)(1)).

(3)

The General Counsel of the Election Assistance Commission appointed pursuant to section 204(a)(4) of such Act (52 U.S.C. 20924(a)(4)).

(c)

Definitions

In this section—

(1)

the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act;

(2)

the term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of election service providers who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency;

(3)

the term Secretary means the Secretary of Homeland Security; and

(4)

the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).

5.

Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents

(a)

Duty To share information with Department of Homeland Security

If a Federal entity receives information about an election cybersecurity incident, the Federal entity shall promptly share that information with the Department of Homeland Security, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information.

(b)

Response to receipt of information by Secretary of Homeland Security

(1)

In general

Upon receiving information about an election cybersecurity incident under subsection (a), the Secretary of Homeland Security, in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall promptly (but in no case later than 96 hours after receiving the information) review the information and make a determination whether each of the following apply:

(A)

There is credible evidence that the incident occurred.

(B)

There is a basis to believe that the incident resulted, could have resulted, or could result in voter information systems or voter tabulation systems being altered or otherwise affected.

(2)

Duty to notify State and local officials

(A)

Duty described

If the Secretary makes a determination under paragraph (1) that subparagraphs (A) and (B) of such paragraph apply with respect to an election cybersecurity incident, not later than 96 hours after making the determination, the Secretary shall provide a notification of the incident to each of the following:

(i)

The chief executive of the State involved.

(ii)

The State election official of the State involved.

(iii)

The local election official of the election agency involved.

(B)

Treatment of classified information

(i)

Efforts to avoid inclusion of classified information

In preparing a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall attempt to avoid the inclusion of classified information.

(ii)

Providing guidance to State and local officials

To the extent that a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A) includes classified information, the Secretary (in consultation with the Attorney General and the Director of National Intelligence) shall indicate in the notification which information is classified.

(3)

Exception

(A)

In general

If the Secretary, in consultation with the Attorney General and the Director of National Intelligence, makes a determination that it is not possible to provide a notification under paragraph (1) with respect to an election cybersecurity incident without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall not provide the notification under such paragraph.

(B)

Ongoing review

Not later than 30 days after making a determination under subparagraph (A) and every 30 days thereafter, the Secretary shall review the determination. If, after reviewing the determination, the Secretary makes a revised determination that it is possible to provide a notification under paragraph (2) without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall provide the notification under paragraph (2) not later than 96 hours after making such revised determination.

(c)

Definitions

In this section, the following definitions apply:

(1)

Election agency

The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State.

(2)

Election cybersecurity incident

The term election cybersecurity incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system of election infrastructure, or actually or imminently jeopardizes, without lawful authority, an information system of election infrastructure.

(3)

Federal election

The term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3))).

(4)

Federal entity

The term Federal entity means any agency (as defined in section 551 of title 5, United States Code).

(5)

Local election official

The term local election official means the chief election official of a component of a unit of local government of a State that is responsible for administering Federal elections.

(6)

Secretary

The term Secretary means the Secretary of Homeland Security.

(7)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands.

(8)

State election official

The term State election official means—

(A)

the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509); or

(B)

in the case of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act.

(d)

Effective date

This section shall apply with respect to information about an election cybersecurity incident which is received on or after the date of the enactment of this Act.

6.

Establishment of Election Cyber Assistance Unit in Election Assistance Commission

(a)

In general

Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following new part:

4

Election Cyber Assistance Unit

225.

Election Cyber Assistance Unit

(a)

Establishment

There is established in the Commission the Election Cyber Assistance Unit (hereafter in this part referred to as the Unit).

(b)

Duties

The Unit will provide State and local election officials in various geographic regions of the United States with access to risk-management, resiliency, and technical support services provided by election administration and cybersecurity experts who will be based in such regions and who may provide such services in person, by telephone, or online.

.

(b)

Clerical amendment

The table of contents of such Act is amended by adding at the end of the items relating to subtitle A of title II the following:

Part 4—Election Cyber Assistance Unit

Sec. 225. Election Cyber Assistance Unit.

.

7.

Representative of Department of Homeland Security on Technical Guidelines Development Committee

Section 221(c)(1) of the Help America Vote Act of 2002 (52 U.S.C. 20961(c)(1)) is amended—

(1)

by redesignating subparagraph (E) as subparagraph (F); and

(2)

by inserting after subparagraph (D) the following new subparagraph:

(E)

A representative of the Department of Homeland Security.

.

8.

Reports to Congress on foreign threats to elections

(a)

In general

Not later than 30 days after the date of enactment of this Act, and 30 days after the end of each fiscal year thereafter, the Secretary of Homeland Security and the Director of National Intelligence, in coordination with the heads of the appropriate Federal entities, shall submit a joint report to the appropriate congressional committees and the chief State election official of each State on foreign threats to elections in the United States, including physical and cybersecurity threats.

(b)

Voluntary participation by States

The Secretary shall solicit and consider comments from all State election agencies. Participation by an election agency in the report under this section shall be voluntary and at the discretion of the State.

(c)

Appropriate Federal entities

In this section, the term appropriate Federal entities means—

(1)

the Department of Commerce, including the National Institute of Standards and Technology;

(2)

the Department of Defense;

(3)

the Department of Homeland Security, including the component of the Department that reports to the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department;

(4)

the Department of Justice, including the Federal Bureau of Investigation;

(5)

the Election Assistance Commission; and

(6)

the Office of the Director of National Intelligence, the National Security Agency, and such other elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) as the Director of National Intelligence determines are appropriate.

(d)

Other definitions

In this section—

(1)

the term appropriate congressional committees means—

(A)

the Committee on Rules and Administration, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and

(B)

the Committee on House Administration, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives;

(2)

the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act;

(3)

the term election agency means any component of a State or any component of a unit of local government of a State that is responsible for administering Federal elections;

(4)

the term Secretary means the Secretary of Homeland Security; and

(5)

the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).

9.

GAO analysis of feasibility of conducting risk-limiting audits

(a)

Analysis

The Comptroller General of the United States shall conduct an analysis of the following:

(1)

The feasibility for States to conduct risk-limiting audits of elections for Federal office.

(2)

The types of risk-limiting audits performed by States.

(3)

The extent to which risk-limiting audits performed by States have improved the administration of elections in such States.

(b)

Report

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the analysis conducted under subsection (a).

10.

GAO analysis of feasibility of requiring use of paper ballots

(a)

Analysis

The Comptroller General of the United States shall conduct an analysis of the following:

(1)

The feasibility of requiring the use of paper ballots in elections for Federal office on a nationwide basis.

(2)

The impacts with respect to accessibility for individuals with disabilities of requiring the use of paper ballots in elections for Federal office.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the analysis conducted under subsection (a).

11.

Study and report on optimal ballot design

(a)

Study

The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors.

(b)

Report

Not later than January 1, 2020, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).