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1 [1] (July 9, 2019)

handle is hein.crs/govbaes0001 and id is 1 raw text is: ~ Inf1r. inn the leiltvedbt, sne11 July 9, 2019 Campaign and Election Security Policy: Brief Introduction Introduction Securing U.S. elections is a complex policy challenge that involves multiple concepts, statutes, and agencies. Federalism principles embodied in the U.S. Constitution; the distinction between government agencies and nongovernmental political entities; and the unique needs of election administrators, voters, and political campaigns and related groups all affect policy choices. This CRS In Focus introduces selected issues and policy matters that frame the debate. Recent Congressional Activity During the 116th Congress, at least 40 bills related to security for campaigns and elections have been introduced. Provisions in these bills range from altering current practices or policies, such as changing disclaimers and disclosures for online political advertising, or federal funding to support state election administration; to establishing new ones, such as notification requirements for election interference. In the 115th Congress, the FY2018 omnibus appropriations law (P.L. 115-141) provided states $380 million in election-security funding. The 116th Congress is considering additional funding. Oversight hearings in both chambers have addressed various security matters. On March 8, 2019, the House passed (234-193) H.R. 1, the For the People Act, sponsored by Representative Sarbanes. The bill contains multiple provisions affecting campaign finance, elections, voting, and ethics and lobbying. Security-related provisions would codify a Department of Homeland Security (DHS) designation of election infrastructure as critical; authorize federal funding to assist states in upgrading their election equipment or otherwise enhancing security, including by implementing risk-limiting audits; require paper ballots in federal elections; require various election-threat reports among federal and state governments; and require developing a national strategy to safeguard democratic institutions. Several similar provisions appear in H.R. 2722, the Securing America's Federal Elections (SAFE) Act. The House passed (225-184) H.R. 2722 on June 27, 2019. Issues: Campaigns, Elections, and Voting Campaigns, elections, and voting are related but separate concepts. They are defined and regulated differently, and each raises unique and even potentially competing security concerns. Campaigns are about persuading voters in an effort to win elections. Voters express their campaign preferences by casting ballots in elections. Except for campaign finance policy, U.S. campaigns are subject to relatively little regulation. Elections in the United States are more highly regulated and primarily a state-level responsibility. Provisions in state law and, to a lesser degree, federal law, regulate how voters cast ballots and who may do so. Issues: Access, Integrity, and Security Election security can mean different things to different people and in different contexts. Broadly speaking, the concept can involve at least three policy goals. * Access-ensuring that eligible individuals can register to vote, receive ballots, and vote privately * Integrity-ensuring that election administration and voting are perceived as legitimate across the political spectrum, with accurate, fair and transparent participation and results * Security-ensuring that campaigns and elections are free from criminal or other malicious activity, foreign or domestic disinformation or cyber-interference Different audiences sometimes prioritize these policy goals-which are not necessarily mutually exclusive- differently. For example, what one observer views as a reasonable provision to safeguard elections, such as a voter- identification requirement, another might perceive as deliberate disenfranchisement. In addition, election roles and goals can affect security choices. A local election administrator, for example, must decide how to balance access, integrity, and security with a limited budget and deadlines set in law. A campaign manager likely is concerned with all three goals, but is responsible primarily for securing the campaign operation and turning-out supporters-also with a limited budget and, likely, limited in-house security expertise. Policy: Federal Statutes and Agencies The U.S. Constitution and federal statute regulate the division of governmental responsibility for election security, although no statute is devoted specifically to the topic. Most broadly, the Constitution's Elections Clause assigns states with setting the Times, Places and Manner for House and Senate elections, and also permits Congress to at any time... make or alter such Regulations (Art. I, §4). Historically, the federal government has played little role in election security, deferring to states, which are responsible for most U.S. election administration. Congress first enacted legislation affecting and funding election security in the 2002 Help America Vote Act (HAVA; 52 U.S.C. §§20901-21145). Federal law is relatively silent on campaign security, although some Title 18 criminal provisions apply, as do some Federal Election Campaign Act (FECA; 52 U.S.C. §§30101-30146) campaign finance https:/Icrsreports.congress.go, S

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