H.R. 3130House118th Congress (2023-2025)In Committee

Protecting Election Administration from Interference Act of 2023

Introduced May 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 7:14 AM UTC

The Protecting Election Administration from Interference Act amends the Civil Rights Act of 1960 to broaden federal protection of election records, papers, and equipment, including electronic records. It requires these items to be preserved under election‑officer supervision, sets new penalties for reckless interference, and creates a right of action for the Attorney General or federal candidates to enforce compliance. The bill also directs DHS’s Cybersecurity and Infrastructure Security Agency to issue guidance on preservation standards and adds criminal penalties for intimidation of ballot processing and result certification. It affects federal election officials, candidates, political parties, and any persons handling election materials.

Key Provisions

  • Expands protected items to include electronic records and election equipment and mandates their preservation under direct supervision of an election officer.
  • Allows reuse of election equipment after 22 months if all related electronic records and data from the prior federal election are retained.
  • Requires the Director of CISA, in consultation with the Election Assistance Commission and the Attorney General, to issue guidance within one year on preservation standards and observation protocols.
  • Increases penalties for reckless disregard, adding theft, destruction, concealment, mutilation, or alteration of records, papers, or equipment as criminal offenses.
  • Extends inspection, copying, nondisclosure, and jurisdiction to compel production to cover electronic records and election equipment.
  • Creates a judicial review right for the Attorney General, its representative, or a federal candidate to sue to compel compliance, with courts required to expedite such cases.
  • Adds criminal penalties for intimidation related to processing, scanning, tabulating, canvassing, or certifying voting results under the National Voter Registration Act.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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.

May 9, 2023

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HouseIntro Referral

Introduced in House

May 9, 2023

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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.

May 9, 2023

Floor Debate

11 members

What members said about H.R. 3130 on the floor

4 Republicans7 Democrats
Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Sep 10, 2024

Mr. Chair, I yield myself such time as I may consume. Mr. Chairman, I rise in strong opposition to H.R. 1398. This legislation, which would establish a so-called CCP Initiative within the national…

Lance Gooden
Rep. Lance GoodenR-TX-5 · Sep 10, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 1398. Mr. Chair, I yield myself…

Cory Mills
Rep. Cory MillsR-FL-7 · Sep 10, 2024

Mr. Chair, I rise as the designee for the gentleman from Florida (Mr. Donalds), and I have an amendment at the desk. Mr. Chair, I thank the gentleman from Texas (Mr. Gooden) for crafting this…

Josh Gottheimer
Rep. Josh GottheimerD-NJ-5 · Sep 10, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise in support of my amendment, which would require the Department of Justice's report, as mandated under this bill, to examine…

Marcus J. Molinaro
Rep. Marcus J. MolinaroR-NY-19 · Sep 10, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, you pronounced my name better than my own grandmother. Mr. Chair, the underlying bill, the Protect America's Innovation and Economic Security…

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Marc A. Veasey
Rep. Marc A. VeaseyD-TX-33 · Sep 10, 2024

Mr. Chair, I rise today to oppose the consideration of H.R. 1398, the Protect America's Innovation and Economic Security from the CCP Act. This bill aims to combat Chinese espionage, protect…

Jill N. Tokuda
Rep. Jill N. TokudaD-HI-2 · Sep 10, 2024

Mr. Chair, there is no denial that the CCP has worked for decades to steal our intellectual property and research in critical technologies. We should be here today finding real solutions, not putting…

Ben Cline
Rep. Ben ClineR-VA-6 · Sep 10, 2024

Mr. Chair, I thank the gentleman from Texas for offering the bill, and I rise in support of it. The ranking member of the committee indicated that we are moving in the right direction, but in looking…

Judy Chu
Rep. Judy ChuD-CA-28 · Sep 10, 2024

As chair of the Congressional Asian Pacific American Caucus, I rise in strong opposition to the deceptively named Protect America's Innovation and Economic Security from CCP Act. It brings back the…

Raja Krishnamoorthi
Rep. Raja KrishnamoorthiD-IL-8 · Sep 10, 2024

Mr. Chair, today I rise in opposition to the partisan H.R. 1398. Unfortunately, this new ``CCP initiative'' that this bill creates is simply a knockoff version of the China Initiative created by…

Henry C. "Hank" Johnson, Jr.
Rep. Henry C. "Hank" Johnson, Jr.D-GA-4 · Sep 10, 2024

Mr. Chair, we have seen this movie before, and it did not end well. On the Courts, Intellectual Property, and the Internet Subcommittee where I am ranking member, we have discussed with real concern…

Bill Text

Latest available legislative text

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Latest
Introduced in HouseIssued May 9, 2023

I

118th CONGRESS

1st Session

H. R. 3130

IN THE HOUSE OF REPRESENTATIVES

May 9, 2023

Mr. Allred (for himself, Mr. Sarbanes, Mr. Veasey, Ms. Escobar, and Ms. Slotkin) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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 enhance protections for election records.

1.

Short title

This Act may be cited as the Protecting Election Administration from Interference Act of 2023.

2.

Enhancement of protections for election records, papers, and equipment

(a)

Preservation of records, paper, and equipment

Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended—

(1)

by striking Every officer and inserting the following:

(a)

In general

Every officer

;

(2)

by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears;

(3)

by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”;

(4)

by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian;

(5)

by inserting , or acts in reckless disregard of, after fails to comply with; and

(6)

by inserting after subsection (a) the following:

(b)

Election equipment

The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved.

(c)

Guidance

Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records (including electronic records), papers, and election equipment in compliance with subsections (a) and (b). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records (including electronic records), papers, and election equipment described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General.

.

(b)

Penalty

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

(1)

by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters; and

(2)

by striking record or paper and inserting record (including electronic record), paper, or election equipment.

(c)

Inspection, reproduction, and copying

Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 20703) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment” each place the term appears.

(d)

Nondisclosure

Section 304 of the Civil Rights Act of 1960 (52 U.S.C. 20704) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment”.

(e)

Jurisdiction To compel production

Section 305 of the Civil Rights Act of 1960 (52 U.S.C. 20705) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment” each place the term appears.

3.

Judicial review for election records

Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.), is amended—

(1)

by redesignating section 306 as section 307; and

(2)

by inserting after section 305 the following:

306.

Judicial review to ensure compliance

(a)

Right of action

The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record (including electronic record), paper, or election equipment is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301.

(b)

Duty To expedite

It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and appeal under this section.

.

4.

Criminal penalties for intimidation of tabulation, canvass, or certification efforts

Section 12(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20511(1)) is amended—

(1)

in subparagraph (B), by striking or at the end; and

(2)

by adding at the end the following:

(D)

processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or

.