S. 4574Senate117th Congress (2021-2023)In Committee

Enhanced Election Security and Protection Act

Introduced July 20, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:43 PM UTC

The Enhanced Election Security and Protection Act aims to strengthen the integrity of federal elections by increasing criminal penalties, improving how the Postal Service handles election‑mail, and bolstering oversight of voting systems and records. It affects voters, election officials, the Postal Service, and federal agencies that oversee elections.

Key Provisions

  • Increases the maximum prison term for certain violations of 18 U.S.C. §245(b) from one year to two years.
  • Requires the USPS to issue best‑practice guidance for absentee and mail‑in voting, designate at least one Election Mail Advisor per state, and create standardized ballot envelopes with tracking capability.
  • Mandates daily certification that all ballots scheduled to leave a postal facility have departed, and requires a physical postmark on every returned ballot envelope.
  • Prohibits the Postal Service from changing service standards that would slow election‑mail delivery during the 90‑day pre‑election period and allows extended processing hours and Sunday processing.
  • Reauthorizes the Election Assistance Commission through fiscal year 2027 and removes the previous $10 million annual funding cap.
  • Adds a requirement that accredited labs conduct penetration testing of voting‑system hardware and software as part of certification processes.
  • Raises the fine for willful failure to retain election records from $1,000 to $10,000 and lengthens the imprisonment term from one to two years.
  • Expands criminal penalties to cover theft, destruction, concealment, mutilation, or alteration of voting systems and directs the Attorney General to issue guidance on record‑retention compliance.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S3545-3546)

July 20, 2022

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SenateIntro Referral

Introduced in Senate

July 20, 2022

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S3545-3546)

July 20, 2022

Floor Debate

10 members

What members said about S. 4574 on the floor

6 Republicans4 Democrats
James Lankford
Sen. James LankfordR-OK · Jul 20, 2022

Madam President, if this body were to look at the tests and the homework, the quizzes, and the essays of the Department of Homeland Security and give them a grade based on their performance for the…

Mike Braun
Sen. Mike BraunR-IN · Jul 20, 2022

Madam President, I come to the floor this evening--I have been talking about this subject for nearly the 3\1/2\ years I have been a Senator. And I will tell you why I think it is important. We have…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Jul 20, 2022

Mr. President, I rise today to acknowledge the months of bipartisan hard work that have gone into two bills that we are filing today: the Electoral Count Reform and Presidential Transition…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Jul 20, 2022

Mr. President, I rise today to acknowledge the months of bipartisan hard work that have gone into two bills that we are filing today: the Electoral Count Reform and Presidential Transition…

Dan Sullivan
Sen. Dan SullivanR-AK · Jul 20, 2022

Thank you to my friends from the great State of Utah and the great State of Florida, Senator Scott and Senator Lee. Mr. President, I want to explain to any American who is watching just what happened…

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Rick Scott
Sen. Rick ScottR-FL · Jul 20, 2022

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be discharged from further consideration of S. 3086 and the Senate proceed to its immediate consideration;…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 20, 2022

Mr. President, I am pleased to join my close friend and dear colleague Senator Manchin in introducing bipartisan legislation to reform the archaic and ambiguous Electoral Count Act of 1887, the…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 20, 2022

Mr. President, I am pleased to join my close friend and dear colleague Senator Manchin in introducing bipartisan legislation to reform the archaic and ambiguous Electoral Count Act of 1887, the…

Mike Lee
Sen. Mike LeeR-UT · Jul 20, 2022

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 4571, which is at the desk; further, I ask unanimous consent that the bill be considered read a…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jul 20, 2022

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that at a time to be determined by the majority leader following consultation with…

Brian Schatz
Sen. Brian SchatzD-HI · Jul 20, 2022

I object. Mr. President, I object.

Christopher Murphy
Sen. Christopher MurphyD-CT · Jul 20, 2022

I suggest the absence of a quorum.

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 20, 2022

I yield the floor.

Bill Text

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Introduced in SenateIssued July 20, 2022

II

117th CONGRESS

2d Session

S. 4574

IN THE SENATE OF THE UNITED STATES

July 20, 2022

Ms. Collins (for herself, Mr. Manchin, Mr. Portman, Ms. Sinema, Mr. Romney, Mrs. Shaheen, Ms. Murkowski, Mr. Warner, Mr. Tillis, Mr. Murphy, Mr. Cardin, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend title 18, United States Code, to increase penalties for crimes against federally protected activities relating to voting and the conduct of elections, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Enhanced Election Security and Protection Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Enhanced Penalties to Protect our Elections Act

Sec. 101. Short title.

Sec. 102. Enhanced penalties for crimes against federally protected activities relating to voting and the conduct of elections.

TITLE II—Postal Service Election Improvement Act

Sec. 201. Short title.

Sec. 202. Definitions.

Sec. 203. Best practices guidance for Federal election mail.

Sec. 204. Election mail services from the Postal Service.

Sec. 205. Creation of standardized Federal ballot mail parameters and features.

Sec. 206. Ballot search and certification.

Sec. 207. Federal election mail processing.

Sec. 208. Postmark required on all Federal ballots.

Sec. 209. No cause of action.

TITLE III—Reauthorization of Election Assistance Commission

Sec. 301. Reauthorization of Election Assistance Commission.

Sec. 302. Requiring penetration testing as part of the testing and certification of voting systems.

TITLE IV—Protections for election records, papers, and voting systems

Sec. 401. Short title.

Sec. 402. Protection for election records, papers, and voting systems.

I

Enhanced Penalties to Protect our Elections Act

101.

Short title

This title may be cited as the Enhanced Penalties to Protect Our Elections Act.

102.

Enhanced penalties for crimes against Federally protected activities relating to voting and the conduct of elections

Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting “(or, in the case of a violation of paragraph (1)(A), two years)” after “one year”.

II

Postal Service Election Improvement Act

201.

Short title

This title may be cited as the Postal Service Election Improvement Act.

202.

Definitions

In this title:

(1)

Covered election

The term covered election means an election for Federal office.

(2)

Election Mail Advisor

The term Election Mail Advisor means an individual designated under section 204(b).

(3)

Election official

The term election official means an individual responsible for overseeing voting in a covered election in a State, locality, or Tribal territory.

(4)

Federal election mail

The term Federal election mail

(A)

means any item mailed to or from an authorized election official that enables citizens to participate in the voting process with respect to a covered election; and

(B)

includes a ballot, voter registration card, absentee voting application, and polling place notification.

(5)

Federal office

The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

(6)

Postal Service

The term Postal Service means the United States Postal Service.

(7)

State

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

203.

Best practices guidance for Federal election mail

(a)

In general

Not later than September 30 of each odd-numbered year, the Postal Service shall issue best practices for State, local, and Tribal governments, in light of the capabilities of the Postal Service, regarding—

(1)

optimal timing for voters to request and return absentee or mail-in ballots through the mail for covered elections, based on the established service standards of the Postal Service;

(2)

the design, physical standards, and format of the envelopes containing physical voting materials for covered elections that may be processed through the mail, such as ballot envelopes;

(3)

the use of identifying information to designate Federal election mail for more efficient processing; and

(4)

other topics the Postal Service may identify to improve the efficiency of Federal election mail.

(b)

Postal Service authority

Nothing in subsection (a) shall prevent the Postal Service from updating the best practices issued under that subsection as appropriate following the date of issuance.

(c)

Recipients

The Postal Service shall make publicly available the best practices issued under subsection (a), and shall provide specific notice of the best practices to—

(1)

State, local, and Tribal election officials;

(2)

the chief executive officer of each State; and

(3)

majority and minority leadership of each State legislature.

204.

Election mail services from the Postal Service

(a)

In general

The Postal Service shall coordinate Federal election mail services to include the following:

(1)

Designation of employees to coordinate with relevant processing plants, post offices, retail units, delivery units, managers, supervisors, and other postal employees to—

(A)

ensure all Federal election mail is handled in an appropriate manner;

(B)

develop metrics and internal reporting requirements, as necessary, to ensure Federal election mail processing and handling comply with applicable regulations and guidelines of the Postal Service; and

(C)

ensure any extraordinary measures to process Federal election mail are appropriately carried out according to the regulations and guidelines of the Postal Service.

(2)

Assistance of election officials by Election Mail Advisors from the appropriate geographic offices of the Postal Service with facilitating Federal election mail.

(3)

Advice for election officials by mailpiece design analysts, in coordination with the relevant Election Mail Advisor, on—

(A)

how to improve the tracking and visibility of mail-in ballots for covered elections; and

(B)

verification that ballot mail envelope designs are consistent with the standardized parameters and features created under section 205.

(b)

Election Mail Advisors

(1)

Number of Election Mail Advisors

(A)

Minimum number of Election Mail Advisors per State

The Postal Service shall designate not less than 1 dedicated Election Mail Advisor for each State.

(B)

Determination of number of Election Mail Advisors per State

In determining the number of Election Mail Advisors to designate for a State, the Postal Service shall take into account the population and the organization of the election administration of the State to ensure that a sufficient number of Election Mail Advisors are designated.

(2)

Duties of Election Mail Advisor

An Election Mail Advisor shall provide information, guidance, and coordination to assist election officials in managing the use of Federal election mail in the applicable jurisdiction, including—

(A)

providing the election officials with detailed information on—

(i)

service standards and other relevant service-related information for the region relating to the processing of Federal election mail that would assist election officials in managing covered elections;

(ii)

best practices issued under section 203; and

(iii)

Postal Service regulations, guidelines, and processes for handling Federal election mail; and

(B)

performing any other duties assigned by the Postal Service to improve the ability of election officials to manage covered elections in their respective jurisdictions.

205.

Creation of standardized Federal ballot mail parameters and features

(a)

In general

The Postal Service shall create standardized ballot envelope design parameters and features for blank outbound ballots and for returning inbound ballots that a State may choose to use in covered elections.

(b)

Tracking for standardized ballot envelope

The standardized ballot envelope design parameters under subsection (a) shall include the ability to incorporate tracking technology.

206.

Ballot search and certification

(a)

Ballot identification

During the period beginning not later than 14 days before the date of a covered election and ending not earlier than 7 days after the last date on which the State accepts ballots cast in that covered election, the Postal Service shall conduct daily inspections for ballots in each Postal Service facility that processes Federal election mail in any Postal Service district in which the covered election is being held to ensure that each ballot scheduled to depart the facility that day has departed the facility.

(b)

Certification

Each day during a period described in subsection (a), the manager or supervisor in charge of a Postal Service facility described in that subsection shall certify in a record maintained by the Postal Service that each ballot scheduled to depart the facility that day has departed the facility.

207.

Federal election mail processing

(a)

Processing preceding elections for Federal office

During the 90-day period preceding a general election for Federal office, the Postal Service may not—

(1)

implement any service standard changes that would slow the delivery of Federal election mail;

(2)

take any steps that would meaningfully interfere with the ability of the Postal Service to achieve its service standards; or

(3)

engage in activity that would meaningfully interfere with the ability of the Postal Service to prioritize monitoring and timely delivery of Federal election mail.

(b)

Sunday processing

The Postal Service shall collect and process the mail in a Postal Service district on the Sunday before a general election is held in that district.

(c)

Extended hours

The Postal Service shall coordinate with election officials and may operate on extended hours, as necessary, to process Federal election mail in advance of a covered election.

208.

Postmark required on all Federal ballots

The Postal Service shall implement procedures designed to apply a physical postmark or other physical indicia bearing a legible date to each identifiable envelope containing a ballot when returned by mail for a covered election to the maximum extent practicable.

209.

No cause of action

No provision of this title shall—

(1)

be binding on any State, local, or Tribal government; or

(2)

be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, the Postal Service, or a State, local, or Tribal government, a department, agency, entity, officer, employee, or agent thereof, or any other person.

III

Reauthorization of Election Assistance Commission

301.

Reauthorization of Election Assistance Commission

Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended—

(1)

by inserting , and for each of the fiscal years 2023 through 2027, after 2005; and

(2)

by striking (but not to exceed $10,000,000 for each such year).

302.

Requiring penetration testing as part of the testing and certification of voting systems

Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph:

(3)

Required penetration testing

The Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section.

.

IV

Protections for election records, papers, and voting systems

401.

Short title

This title may be cited as the Election Records Protection Act.

402.

Protection for election records, papers, and voting systems

(a)

In general

(1)

In general

Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended by adding at the end the following new section:

307.

Records

As used in this title, the term record includes any electronic record.

.

(2)

Guidance

Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall issue informal guidance regarding compliance with section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701), including recommendations for retaining and preserving records (including electronic records) and papers.

(b)

Increased penalty for willful failure To retain and preserve election records

Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended—

(1)

by striking $1,000 and inserting $10,000; and

(2)

by striking one year and inserting two years.

(c)

Penalty for theft, destruction, concealment, mutilation, or alteration of voting systems

Section 12(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20511) is amended—

(1)

by striking or at the end of subparagraph (A);

(2)

by striking the comma at the end of subparagraph (B) and inserting ; or; and

(3)

by adding at the end the following new subparagraph:

(C)

the theft, destruction, concealment, mutilation, or alteration of voting systems;

.