H.R.2803 - Protecting Election Administration from Interference Act of 2025 (119th Congress)
Summary
H.R.2803, the Protecting Election Administration from Interference Act of 2025, aims to enhance the protection of election records, papers, and equipment. It amends Section 301 of the Civil Rights Act of 1960 to include electronic records and election equipment, and it mandates guidance from the Cybersecurity and Infrastructure Security Agency (CISA) on preserving these items. The bill also introduces judicial review to ensure compliance with record preservation requirements and adds criminal penalties for intimidating tabulation, canvassing, or certification efforts.
Expected Effects
The bill will likely result in stricter standards for the handling and preservation of election-related materials. It also provides additional legal avenues for enforcing these standards. The increased protections could reduce the risk of tampering or loss of election records.
Potential Benefits
- Enhanced security of election records, reducing the potential for fraud or manipulation.
- Increased transparency through observation protocols for record preservation and transfer.
- Clearer guidelines and standards for election officials to follow, promoting consistency.
- Stronger legal recourse for ensuring compliance with election record preservation requirements.
- Deterrent effect on those who might seek to interfere with election administration.
Potential Disadvantages
- Potential for increased administrative burden and costs for election officials.
- Possible legal challenges related to the interpretation and enforcement of the new provisions.
- Risk of partisan disputes over the observation of record preservation and transfer.
- Could be perceived as federal overreach into state election administration.
- May not fully address all potential vulnerabilities in election security.
Constitutional Alignment
The bill aligns with the Constitution by reinforcing the integrity of the electoral process. While the Constitution primarily delegates election administration to the states (Article I, Section 4), the federal government has the authority to enforce civil rights and ensure fair elections, particularly under the Fourteenth and Fifteenth Amendments. The bill's provisions for judicial review and criminal penalties are consistent with the government's power to enforce federal laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).