Legislation addressing election security introduced in Senate

The Secure Elections Act would put new information-sharing requirements in place between the federal government, and state and local government entities that administer elections

Sens. James Lankford (R-Okla.), Amy Klobuchar (D-Minn.), Lindsey Graham (R-S.C.), Kamala Harris (D-Calif.), Susan Collins (R-Maine) and Martin Heinrich (D-N.M.) have introduced bipartisan legislation aimed at improving the cybersecurity of the nation’s electoral systems.

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Secure Elections Act S. 2261

The new legislation, the Secure Elections Act (S. 2261), would put new information-sharing requirements in place between the federal government, and state and local government entities that administer elections. 

These new requirements would direct the Department of Homeland Security (DHS) to share any relevant information it receives pertaining to an election cybersecurity incident, threat or vulnerability with election agencies throughout the country, including those run by state and local governments.

The new legislation would also require state and local governments administering elections to report any “election cybersecurity breach” to the federal government. 

In addition to the information-sharing requirements included in the legislation, the measure would also direct DHS to provide security clearances to appropriate state officials so they can access and act quickly on classified cybersecurity information.

The legislation would also direct DHS to create a new nine-member advisory panel of independent experts on election cybersecurity that would be responsible for developing a set of guidelines for election cybersecurity, including standards for procuring, maintaining, testing, auditing, operating and updating elections systems.

The legislation directs the advisory panel to include paper ballot requirements in all federal elections, including specific requirements for inspecting each ballot.

If the legislation is passed, NACo would be eligible to nominate at least one member of the advisory panel to represent the interest of county governments.

The proposed legislation would also provide grants for implementing the cybersecurity guidelines released by the advisory panel. Remaining grant funds can be used to help election agencies replace outdated electronic voting machines. 

 “During the 2016 elections, Russia tried to interfere in our elections,” Lankford said.

“Although they didn’t change actual votes or alter the outcome, their efforts were an attack on our Democracy,” he said. “It is imperative that we strengthen our election systems and give the states the tools they need to protect themselves and the integrity of voters against the possibility of foreign interference.”

The legislation is pending in the Senate Committee on Rules and Administration where it is under consideration.

Companion legislation has yet to be introduced in the House of Representatives.