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State and Local Role in Election Administration: Duties and Structures [March 4, 2019]
From the Document: "The administration of elections in the United States is highly decentralized. Elections are primarily administered by thousands of state and local systems rather than a single, unified national system. States and localities share responsibility for most election administration duties. Exactly how responsibilities are assigned at the state and local levels varies both between and within states, but there are some general patterns in the distribution of duties. States typically have primary responsibility for making decisions about the rules of elections (policymaking). Localities typically have primary responsibility for conducting elections in accordance with those rules (implementation). Localities, with varying contributions from states, typically also have primary responsibility for paying for the activities and resources required to conduct elections (funding)."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-03-04
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Election Administration and Voting Survey: Overview and 2018 Findings [July 9, 2019]
From the Document: "The Election Administration and Voting Survey (EAVS) is a biennial survey of state and local officials about the administration of federal elections. The survey is conducted for each regular federal election cycle by the U.S. Election Assistance Commission (EAC), which reports its findings to Congress and the public the year after the election. [...] This In Focus provides an introduction to the EAVS. It starts with an overview of the survey and then describes topline findings of the 2018 EAVS, some caveats about EAVS data, and legislative activity related to the EAVS."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-07-09
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Election Security: Federal Funding for Securing Election Systems [August 8, 2019]
From the Document: "Russia targeted state and local systems as part of its effort to interfere with the 2016 elections, according to the U.S. Intelligence Community. Reports of Russia's activities highlighted the potential for threats to the technologies, facilities, and processes used to administer elections. Congress has responded to such threats, in part, by providing and proposing funding to help secure elections. This In Focus offers an overview of federal funding for securing election systems. It starts with some background on potential threats to state and local election systems and then summarizes the funding Congress has provided and proposed to help secure those systems."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-08-08
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Campaign and Election Security Policy: Overview and Recent Developments for Congress [January 2, 2020]
From the Document: "In the United States, state, territorial, and local governments are responsible for most aspects of selecting and securing election systems and equipment. Foreign interference during the 2016 election cycle--and widely reported to be an ongoing threat--has renewed congressional attention to campaign and election security and raised new questions about the nature and extent of the federal government's role in this policy area. This report provides congressional readers with a resource for understanding campaign and election security policy. This includes discussion of the federal government's roles; state or territorial responsibilities for election administration and election security; an overview of potentially relevant federal statutes and agencies; and highlights of recent congressional policy debates. The report summarizes related legislation that has advanced beyond introduction during the 116th Congress. It also poses questions for consideration as the House and Senate examine whether or how to pursue legislation, oversight, or appropriations."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L.
2020-01-02
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Election Security: States' Spending of FY2018 HAVA Payments [Updated March 12, 2020]
From the Document: "State and local systems have been targeted as part of efforts to interfere with U.S. elections, according to the U.S. intelligence community. Congress has responded to such threats, in part, with funding. The Consolidated Appropriations Act, 2018 (P.L. 115-141) included $380 million for payments to the 50 states, the District of Columbia, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands (referred to hereinafter as 'states') under the Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145), and the Consolidated Appropriations Act, 2020 (P.L. 116-93) provided $425 million for payments to those jurisdictions and the Commonwealth of the Northern Mariana Islands. This In Focus provides an overview of states' spending of the FY2018 HAVA payments. It starts by summarizing how states have proposed and reported using the funds and then introduces some issues related to the timing of state spending and reporting."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-03-12
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Election Infrastructure Subsector: Development and Challenges [March 5, 2020]
From the Document: "In January 2017, in accordance with Presidential Policy Directive 21 (PPD-21), the Department of Homeland Security (DHS) designated the systems and assets used in elections as the Election Infrastructure Subsector (EIS) of the Government Facilities critical infrastructure sector. DHS defines critical infrastructure as 'the physical and cyber systems and assets that are so vital to the United States that their incapacity or destruction would have a debilitating impact on our physical or economic security or public health or safety.' The critical infrastructure designation was intended to help address some of the obstacles election stakeholders faced in responding to foreign interference in the 2016 elections, such as a lack of timely information sharing about threats to election systems. It gave DHS a new role in election security, authorizing it to help coordinate among and prioritize assistance to election security stakeholders. This In Focus provides an overview of the EIS. It describes the formation and development of the subsector and some of the ongoing challenges it faces."
Library of Congress. Congressional Research Service
Humphreys, Brian E.; Shanton, Karen L.
2020-02-05
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Election Security: Federal Funding for Securing Election Systems [Updated March 12, 2020]
From the Document: "Russia targeted state and local systems as part of its effort to interfere with the 2016 elections, according to the U.S. intelligence community. Reports of Russia's activities highlighted the potential for threats to the technologies, facilities, and processes used to administer elections. Congress has responded to such threats, in part, by providing and proposing funding to help secure elections. This In Focus offers an overview of federal funding for securing election systems. It starts with some background on potential threats to state and local election systems and then summarizes the funding Congress has provided and proposed to help secure those systems."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-03-12
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U.S. Election Assistance Commission: An Overview [Updated February 11, 2019]
"The 2000 presidential election exposed weaknesses in state election systems. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). Among other changes, such as setting certain national requirements for election administration, HAVA created a federal agency to help states, territories, and localities administer federal elections: the U.S. Election Assistance Commission (EAC). Proposals have since been introduced both to terminate the EAC and to extend or expand it. Most recently, the agency has taken on new roles as part of the federal response to attempted foreign interference in the 2016 elections."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-02-11
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U.S. Election Assistance Commission: An Overview [June 14, 2019]
From the Document: "The 2000 presidential election exposed weaknesses in state election systems. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). Among other changes, such as setting certain national requirements for election administration, HAVA created a federal agency to help states, territories, and localities administer federal elections: the U.S. Election Assistance Commission (EAC). Proposals have since been introduced both to terminate the EAC and to extend or expand it. Most recently, the agency has taken on new roles as part of the federal response to attempted foreign interference in the 2016 elections."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-06-14
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U.S. Election Assistance Commission: Overview and Selected Issues for Congress [June 14, 2019]
From the Document: "The U.S. Election Assistance Commission (EAC) is an independent federal agency charged with helping improve the administration of federal elections. It was established by the Help America Vote Act of 2002 (HAVA; P.L. 107-252; 116 Stat. 1666; 52 U.S.C. §§20901-21145) and includes a four-member commission, a professional staff, an inspector general, and three advisory bodies."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-06-14
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Mail Voting and COVID-19: Developments and Potential Challenges [April 23, 2020]
From the Document: "Most voters reported voting in person in 2018, but the onset of the COVID-19 [coronavirus disease 2019] pandemic has complicated in-person voting for certain subsequent elections in 2020. Health risks associated with close contact have prompted concerns about some of the standard interactions involved in preparing for and conducting in-person voting. States have taken various steps to address such concerns for some of their 2020 elections, including postponing election dates, offering curbside voting, and relocating polling places. One common response has been to expand 'mail voting', in which voters receive ballots by mail rather than in person. Expanding mail voting could help address health risks but may come with its own challenges. Whether or how mail voting should be expanded and what role, if any, Congress should play in this policy area have been subjects of debate in the 116th Congress."
Library of Congress. Congressional Research Service
Shanton, Karen L.; Eckman, Sarah J.
2020-04-23
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Elections Grant Funding for States: Recent Appropriations and Legislative Proposals [September 18, 2020]
From the Document: "The emergence of the Coronavirus Disease 2019 (COVID-19) pandemic and reports of attempted election interference have introduced new challenges for election administration that are ongoing, difficult for states and localities to manage alone, or both. Election security threats evolve, for example, and election officials' defenses have to evolve with them. Securing election systems against potential interference and protecting voters and election workers against a pandemic may involve significant changes to election processes and correspondingly significant financial investments. Congress has responded to such challenges, in part, with funding for elections grant programs. As of this writing, Congress has appropriated more than $1.2 billion to the U.S. Election Assistance Commission (EAC) for grant funding for states, territories, and the District of Columbia (DC) since FY2018 and considered proposals that would authorize or fund further grant programs."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-09-18
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Election Administration: Federal Grant Funding for States and Localities [December 21, 2020]
From the Summary: "States, territories, and localities have primary responsibility for administering elections in the United States, but Congress has tools it can use to support or shape their efforts if it chooses to do so. One of those tools is funding. Congress can use its power to provide--and set conditions on--funding to encourage or help states and localities to adopt, reject, implement, or maintain election administration policies and practices. Congress has used or proposed using funding to engage with election administration issues in various ways, including by directing federal agencies to use some of their funding to support state and local election administration work and by considering conditioning eligibility for certain federal funds on adopting or rejecting election administration policies. Perhaps the most direct way in which Congress has used funding is by establishing and funding state and local grant programs specifically for election administration-related purposes. Congress first authorized major election administration-related grant programs for states and localities in response to issues with the conduct of the 2000 elections. The Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145) set new requirements for the administration of federal elections and created the election administration-focused U.S. Election Assistance Commission (EAC). It also authorized election administration-related grant programs."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-12-21
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H.R. 1: Overview and Related CRS Products [Updated February 26, 2021]
From the Brief Overview: "H.R. 1 proposes major amendments to federal law governing campaign finance and elections. The bill's provisions, unless otherwise noted, would affect federal elections, although states would be responsible for implementing some provisions. H.R. 1 also proposes amendments to federal ethics and lobbying statutes. The bill generally proposes additional disclosure requirements, regulation, or both in each policy area it addresses. It would authorize federal funding for some activities. This CRS [Congressional Research Service] In Focus highlights major provisions in the bill and lists selected CRS products that provide related information. It does not address legal or constitutional issues."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L. . . .
2021-02-26
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Elections Grant Programs: Policy Options [November 3, 2021]
From the Document: "Recent congressional activity on elections issues has often featured grant programs. Congress responded to foreign interference in the 2016 elections and the effects of the Coronavirus Disease 2019 (COVID-19) pandemic on administration of the 2020 elections, in part, with funding for a grant program established by the Help America Vote Act of 2002 (HAVA; P.L. 107-252). Multiple bills introduced in the 117th Congress--from the Freedom to Vote Act (S. 2747) to the Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College (PROTECT Electoral College) Act (H.R. 4789/S. 519) to the House-reported Financial Services and General Government appropriations bill (H.R. 4345)--would authorize, fund, or set conditions for elections grant programs. This In Focus explores some issues that may be of interest to Members who are considering offering, supporting, opposing, or amending proposals to authorize, fund, or set conditions for elections grant programs. It starts by summarizing some general arguments for and against federal elections grant programs then introduces some considerations that might be relevant for development or assessment of particular programs or proposals."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2021-11-03
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Election Worker Safety and Privacy [December 21, 2021]
From the Document: "Concerns about election workers' safety and privacy have been reported following the 2020 election [hyperlink], in news reports and testimony before House [hyperlink] and Senate [hyperlink] committees. Some election workers have raised concerns about physical safety while performing official duties, as well as more general threats outside the workplace or related psychological effects. These threats, along with a perceived increase in politically motivated job scrutiny, have led some to leave, or consider leaving, their roles. This Insight provides a brief overview of recent developments, legislative proposals, and policy considerations related to election worker safety and privacy."
Library of Congress. Congressional Research Service
Eckman, Sarah J.; Shanton, Karen L.
2021-12-21
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Elections Grant Programs: Authorizations and Appropriations [November 3, 2021]
From the Document: "Congress first authorized major federal grant programs for elections in the Help America Vote Act of 2002 (HAVA; P.L. 107-252). HAVA was enacted in response to issues with the conduct of the 2000 elections. Like previous federal elections statutes, it set requirements for the administration of federal elections. Unlike previous elections statutes, it also provided for grant programs to help states meet those requirements and identify and implement other improvements to election administration. No new federal elections grant programs on the scale of HAVA's have been authorized as of this writing. Grant programs have been established for certain more limited purposes, however, such as conducting pilot projects to improve the collection of election data. Congress has also provided further appropriations under HAVA's grant programs, such as funding for FY2020 to help states address effects of the Coronavirus Disease 2019 (COVID-19) pandemic on administration of the 2020 elections. This In Focus provides an overview of the elections-specific grant programs Congress has established and funded to date. It also briefly discusses non-elections-specific grant programs that have been used to support elections-related activities."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2021-11-03
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Freedom to Vote Act (S. 2747): Selected Major Provisions [Updated October 21, 2021]
From, the Document: "On September 14, 2021, Senator Klobuchar introduced [hyperlink] S. 2747, the Freedom to Vote Act. On October 20, 2021 [hyperlink], the Senate failed to invoke cloture on the motion to proceed to the bill. S. 2747 marks one of the latest legislative attempts in the 117th Congress to amend federal laws affecting elections and voting. This CRS [Congressional Research Service] Insight provides a brief overview of selected major provisions of the legislation. The authors are available to address questions from congressional requesters."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L.
2021-10-21
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Help America Vote Act of 2002 (HAVA): Overview and Ongoing Role in Election Administration Policy [October 28, 2021]
From the Introduction: "The Help America Vote Act of 2002 (HAVA; P.L. [Public Law] 107-252; 52 U.S.C. [United States Code] §§20901-21145) was enacted in response to issues with the administration of the 2000 elections. The highest-profile problems in 2000 were in Florida--where issues with the vote count delayed the resolution of the presidential race for weeks--but post-election hearings and reports identified problems with various aspects of election administration across multiple states. [...] This report provides an overview of HAVA and the ongoing role the act has played in policy discussions about election administration. It starts by describing major provisions of HAVA and then summarizes proposals to revisit or extend the act or the agency it created. The report closes by briefly introducing some considerations that might be relevant to discussions of any future role for HAVA in federal policymaking on election administration."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2021-10-28
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Help America Vote Act of 2002 (HAVA): An Overview [February 2, 2022]
From the Document: "The Help America Vote Act of 2002 (HAVA; P.L. 107- 252; 52 U.S.C. [United States Codes]§§20901-21145) is perhaps the closest thing in federal law to a general election administration statute. It is more wide-ranging in the topics it aims to address than other elections measures Congress has approved in the recent past and has a greater emphasis on federal assistance for states and localities. Partly as a result of those features, HAVA and the election administration-dedicated agency it created, the U.S. Election Assistance Commission (EAC), have figured in much of the recent congressional activity on election administration. Congress responded to foreign interference in the 2016 elections and the emergence of the Coronavirus Disease 2019 (COVID-19) pandemic in the 2020 election cycle, for example, by providing new funding for one of HAVA's grant programs. Legislation has also been introduced in recent Congresses to revisit HAVA or the EAC or to extend them to encompass new aspects of election administration. This In Focus provides a brief overview of HAVA, introducing the major provisions of the act. For more on HAVA and the role it has played in federal elections policymaking since its enactment in 2002, see CRS Report R46949, 'The Help America Vote Act of 2002 (HAVA): Overview and Ongoing Role in Election Administration Policy', by Karen L. Shanton"
Library of Congress. Congressional Research Service
Shanton, Karen L.
2022-02-02
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Election Security: States' Spending of FY2018 and FY2020 HAVA Payments [Updated June 30, 2020]
From the Document: "State and local systems have been targeted as part of efforts to interfere with U.S. elections, and Congress has responded in part with funding. The Consolidated Appropriations Act, 2018 (P.L. 115-141) provided $380 million for payments to the 50 states, the District of Columbia (DC), American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands authorized under the Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145), and the Consolidated Appropriations Act, 2020 (P.L. 116-93) included $425 million for HAVA payments to those jurisdictions and the Commonwealth of the Northern Mariana Islands. This In Focus offers an overview of spending of the FY2018 and FY2020 HAVA payments to date."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-06-30
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COVID-19 and Other Election Emergencies: Frequently Asked Questions and Recent Policy Developments [July 16, 2020]
From the Summary: "This report addresses frequently asked questions and policy developments surrounding 'election emergencies'. For the purposes of this report, election emergencies are defined as unexpected, rapidly developing, external events that could substantially interrupt normal voting, election administration, or campaigning. Examples include sustained natural disasters, major disease outbreaks, or certain attacks on election systems. There appears to be no modern precedent for a nationwide emergency in the United States, such as COVID-19 [coronavirus disease 2019], affecting elections and voting. Election administrators do, however, routinely prepare for various contingencies. Prominent examples of recent election emergencies in the states include the 2001 terrorist attacks; Hurricanes Katrina and Rita in 2005-2006; and an H1N1 (swine flu) pandemic in 2009. Effects from each episode varied substantially."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L.
2020-07-16
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Early Voting and Mail Voting: Overview & Issues for Congress [March 27, 2020]
From the Document: "Although voting in person at a polling place on Election Day is the most common voting practice, states and localities also offer some or all of their voters opportunities to vote without going to the polls on Election Day. Sending voters ballots by mail ('mail voting') and designating a pre-Election Day period when voters can receive and cast a ballot in person ('early voting') are two of the most common options. Some states and localities use mail voting as their primary voting method, automatically mailing ballots to all registered voters and offering limited in-person voting options ('all-mail elections')."
Library of Congress. Congressional Research Service
Eckman, Sarah J.; Shanton, Karen L.
2020-03-27
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2020 Elections: Selected Resources for Members and Constituents [October 14, 2020]
From the Document: "The onset of the COVID-19 pandemic and reports of potential election interference might raise questions for Members and constituents about the 2020 elections. Potential disinformation campaigns and changes to election procedures in response to COVID-19 might make it more difficult for voters to determine how to register and vote. Voters might also be concerned about possible effects of COVID-19 or interference efforts on their safety or on the security of election workers or the electoral process itself. This Insight shares selected resources Members and constituents might find helpful for navigating such questions. It links to information about (1) how to register and vote in 2020, and (2) how federal agencies are responding to potential election interference efforts and election effects of COVID-19. This product focuses on resources available from government officials and some of the organizations that support them, such as the National Association of Secretaries of State (NASS) and National Conference of State Legislatures (NCSL). Additional information may be available from media outlets or nonprofit groups."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2020-10-14
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Federal Election Results: Frequently Asked Questions [October 8, 2020]
From the Summary: "Several states have implemented new election administration processes in response to the COVID-19 [coronavirus disease 2019] pandemic that could affect how and when ballots are counted. Even under normal circumstances, finalizing federal election results takes days or weeks after election day. Among other steps, state, territorial, and local election officials 'canvass' votes to ensure that ballots are valid and counted accurately. Election observers, audits, and other processes are designed to enhance transparency. This report addresses frequently asked questions on these and related subjects. The discussion emphasizes the period between the time a voter casts a ballot and when election officials 'certify', or finalize, the results."
Library of Congress. Congressional Research Service
Eckman, Sarah J.; Garrett, R. Sam, 1977-; Shanton, Karen L.
2020-10-08
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Voluntary Voting System Guidelines (VVSG): An Overview [Updated February 11, 2021]
From the Document: "States and localities make most decisions about the voting systems used in U.S. elections, from what equipment to acquire to how to pay for it. Since 1990, however, the federal government has issued voluntary guidance states and localities may use to inform their choices. This Insight examines the current iteration of that guidance, the Voluntary Voting System Guidelines (VVSG)."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2021-02-11
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Election Administration: An Introduction to Risk-Limiting Audits [July 12, 2021]
From the Document: "Election officials conduct checks throughout the election cycle. They set up controls to guard against unauthorized access to voter registration rolls, for example, and to help ensure that poll workers follow the correct procedures. Some election checks focus on the vote counting stage of the process. They aim to ensure that the equipment and procedures used to capture and count votes report the right election outcomes. One tool officials can use to help check the accuracy of election outcomes is a type of post-election audit known as a 'risk-limiting audit.' Risk-limiting audits have been recommended as an election security measure by the Senate Select Committee on Intelligence and the National Academies of Sciences, Engineering, and Medicine, among others, and are the subject of ongoing activity at both the state and federal levels."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2021-07-12
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H.R. 1 and S. 1: Overview and Related CRS Products [Updated May 17, 2021]
From the Brief Overview: "H.R. 1 and S. 1, the For the People Act, propose major amendments to federal law governing campaign finance and elections. The bills' provisions, unless otherwise noted, would affect federal elections, although states would be responsible for implementing some provisions. The legislation also proposes amendments to federal ethics and lobbying statutes. It generally proposes additional disclosure requirements, regulation, or both in each policy area it addresses. It would authorize federal funding for some activities. This CRS [Congressional Research Service] In Focus highlights major provisions in the bills and lists selected CRS products that provide related information. It does not address legal or constitutional issues."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L. . . .
2021-05-17
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Election Security: States' Spending of FY2018 HAVA Payments [November 12, 2019]
From the Document: "State and local systems have been targeted as part of efforts to interfere with U.S. elections, according to the U.S. Intelligence Community. Congress has responded to such threats, in part, with funding. The Consolidated Appropriations Act, 2018 (P.L. 115-141) included $380 million for payments to the 50 states, the District of Columbia, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands (referred to herein as 'states') under the Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145). This In Focus provides an overview of states' spending of the FY2018 HAVA payments. It starts by summarizing how states have proposed and reported using the funds and then introduces some issues related to the timing of state spending and reporting."
Library of Congress. Congressional Research Service
Shanton, Karen L.
2019-11-12
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