WASHINGTON—Support is growing for United States Senator Bill Hagerty’s PROTECT Electoral College Act today with House Election Integrity Caucus co-chair Congresswoman Claudia Tenney (R-NY-22), and Representatives David Kustoff (R-TN-08) and Jim Banks (R-IN-03) introducing companion legislation in the House of Representatives. This bill will protect the Electoral College process and the authority it commits to state legislatures to set election laws by prohibiting federal election security grants from being awarded to states that are unconstitutionally disregarding state election laws. It also would require a nonpartisan, state-by-state audit of the 2020 election procedures and any constitutional violations that occurred during that election.
“The Constitution rightly commits the authority of state elections to state legislatures, not Congress, but Congress must protect the Electoral College and should not subsidize an unconstitutional process in which state election laws are trampled on, like we saw in some states in 2020. Democrats are already advancing H.R. 1, a sweeping proposal that would federalize elections. This is a radical policy that would effectively require states to use insecure election practices that are highly susceptible to fraud. I will fight such legislation while working on constructive solutions like the PROTECT Electoral College Act to safeguard every American’s vote, restore confidence in our elections, and preserve our system of federalism. Tennessee taxpayer dollars should not be sent to subsidize unconstitutional election practices in other states,” said Senator Hagerty.
“As co-chair of the House Election Integrity Caucus, I’m continuing my fight to restore voter confidence and ensure that every state conducts free and fair elections, consistent with the Constitution. Taxpayers should not be footing the bill for states that establish voting procedures and policies in a manner that is inconsistent with the Constitution. I am honored to introduce this bicameral legislation with Congressmen Kustoff and Banks. It is a commonsense bill that upholds the law, protects the integrity of elections, and safeguards our Constitution,” said Congresswoman Tenney.
“Following the 2020 election, many Americans lost faith in our democratic process. We cannot allow that to happen again. This bill will help restore Americans’ confidence in our free and fair election system. As Democrats are trying to nationalize our elections, the PROTECT Electoral College Act ensures that states can rightfully oversee their elections–not the federal government. This is a common sense measure and I am proud to join Rep. Tenney in supporting this legislation,” said Rep. Kustoff
“Federal taxpayers shouldn’t be forced to prop up unconstitutional state election law changes. Reps. Tenney, Kustoff and my legislation will ensure integrity in federal elections and trust in our democratic process,” said Rep. Banks.
Background on the PROTECT Electoral College Act:
The legislation would amend the Help America Vote Act of 2002 to condition future election security grant awards on certification by the state legislature that:
- If they allow unsolicited mail-in balloting or vote harvesting they must have their methods and processes used to verify the validity of mail-in votes clearly established in state law;
- Emergency COVID-19-related election procedure changes will end once the public health emergency is over unless the changes are explicitly added into state law;
- Ballot counting observation laws are closely followed; and
- The state has rectified any previous noncompliance with these provisions or departures from their own state election statutes.
This legislation would require the Comptroller General of the U.S. to submit a report on whether, in each state, the following occurred in the 2020 election:
- Increased unsolicited mail-in balloting, changes to mail-in voter verification procedures, ballot harvesting, or material alterations to election procedures;
- Specific allegations of failing to comply with ballot counting observation laws or failing to enforce other election laws;
- Use of federal election security funds for such activities;
- Compliance with all conditions on receipt of such funds; and
- Any subsequent action by the state legislature on these matters.
Full text of the legislation can be found here.