Sec. 1602. Requiring States to maintain list of election officials protected from disclosure of personally identifiable information
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/bill/117/hr/5314/eh/section-1602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: The office of the chief State election official of a State shall establish a program under which the office shall maintain a list of election officials whose personally identifiable information is protected from disclosure and kept confidential under the Election Officials Protection Act. An election official is eligible to be a program participant in the program established under this section if the official submits to the office of the chief State election official an application, at such time and in such form as the official may require, which contains the following information and assurances:
Documentation showing that the applicant is to commence service as an election official in the State or is currently serving as an election official in the State. A sworn statement that the applicant fears for his or her safety or the safety of his or her family, or the safety of the minor or incapacitated person on whose behalf the application is made, due to his or her service as an election official. Any police, court, or other government agency records or files that show any complaints of alleged threats or acts of violence against the applicant.
The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application. Such other information and assurances as the chief State election official may require. Upon filing a properly completed application under this subsection, the chief State election official shall certify the applicant as a program participant for a period of 4 years following the date of filing, unless the applicant’s participation in the program is terminated before that date as provided under subsection (d).
The office of the chief State election official shall provide each program participant a notice in clear and conspicuous font that contains all of the following information: The program participant may create a revocable living trust and place his or her real property into the trust to protect his or her residential street address from disclosure in real property transactions. The program participant may obtain a change of his or her legal name to protect his or her anonymity.
A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, State and local agencies, or other nonprofit organizations that may be able to assist program participants. The chief State election official may terminate a program participant’s participation in the program for any of the following reasons:
The program participant submits to the chief State election official written notification of withdrawal, in which case the participation shall be terminated on the date of receipt of the notification. The program participant’s certification term has expired and the participant did not complete an application for renewal of the certification. The chief State election official determines that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.
The program participant fails to disclose a change in the participant’s status as an election official. Except in the case of a termination on the grounds described in subparagraph
(A)of paragraph (1), the chief State election official shall send written notification of the intended termination to the program participant. The program participant shall have 30 business days in which to appeal the termination under procedures developed by the chief State election official. The chief State election official shall notify in writing the appropriate local election officials, county clerks, and local recording offices of the program participant’s termination of participation in the program. Upon receipt of this termination notification, such officials, clerks, and offices— shall transmit to the chief State election official all appropriate administrative records pertaining to the program participant; and shall no longer be responsible for maintaining the confidentiality of the program participant’s record. Upon termination of a program participant’s certification, the chief State election official shall retain records as follows: Except as provided in subparagraph (B), any records or documents pertaining to a program participant shall be held confidential. All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed without further notice. In the case of a termination on the grounds described in subparagraph
(C)of paragraph (1), the chief State election official may disclose information contained in the participant’s application. In this section, an election official with respect to a State is any individual, including a volunteer, who is authorized by the State to carry out duties relating to the administration of elections for Federal office held in the State. In this section, the term member of the immediate family means, with respect to an individual, a spouse, domestic partner, child, stepchild, parent, or any blood relative of an individual who lives in the same residence as the individual. The term personally identifiable information means, with respect to any individual— a home address, including a primary residence or vacation home address; a home, personal mobile, or direct telephone line to a private office or residence; a personal email address; a social security number, driver's license number, or voter registration information that includes a home address; a bank account or credit or debit card information; property tax records or any property ownership records, including a secondary residence and any investment property at which the individual resides for part of a year; birth and marriage records; vehicle registration information; the identification of children of the individual under the age of 18; the date of birth; directions to a home of the individual or a member of the immediate family of the individual; a photograph of any vehicle including the license plate or of a home including an address of the individual or member of the immediate family of the individual; the name and location of a school or day care facility attended by a child of the individual or by a child of a member of the immediate family of the individual; or the name and location of an employer of the individual or a member of the immediate family of the individual. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 303A . The table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Maintenance of list of election officials protected from disclosure of personally identifiable information. . The amendments made by this section shall take effect September 1, 2022.
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Sec. 1602
Requiring States to maintain list of election officials protected from disclosure of personally identifiable information
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