H.R. 2803: Protecting Election Administration from Interference Act of 2025

This bill, titled the Protecting Election Administration from Interference Act of 2025, aims to strengthen the protections for various election-related records, documents, and equipment. Here’s a breakdown of its main provisions:

1. Preservation of Election Records and Equipment

The bill amends the Civil Rights Act of 1960 to enhance the requirements for preserving election records, which now include:

• Inclusion of Electronic Records: It specifies that preservation requirements extend to electronic records, alongside traditional paper records and election equipment.
• Retention of Official Ballot Records: It emphasizes that the paper record of a voter’s ballot is the official record for that vote.
• Reuse of Election Equipment: The bill allows the reuse of election equipment within 22 months of a federal election, provided that all associated electronic records are retained and preserved.

2. Compliance Guidance

Within one year after the enactment of the law, the Director of the Cybersecurity and Infrastructure Security Agency, in conjunction with the Election Assistance Commission and the Attorney General, must publish guidance covering:

• Minimum standards for preserving election records and equipment.
• Protocols to enable the observation of the preservation and security of these records by the Attorney General and representatives of each political party.

3. Penalties for Non-Compliance

The bill modifies the penalties for failure to comply with preservation requirements, including:

• Adding penalties for reckless disregard that leads to theft, destruction, concealment, or alteration of election records and equipment.
• Broadening the scope of “records” to include electronic records, papers, and election equipment.

4. Judicial Review Process

The legislation allows the Attorney General or candidates in federal elections to file suit in court if compliance with preservation requirements is not met. Key aspects include:

• A specified right of action to compel compliance.
• The court is tasked with expediting these cases to promote quick resolutions.

5. Criminal Penalties for Intimidation

The bill introduces criminal penalties related to the intimidation of efforts associated with counting, canvassing, or certifying votes. This includes:

• Explicitly including intimidation during the processing of ballots and the tabulation of voting results as a punishable offense.

Relevant Companies

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