S. 4849

119 S4849 IS: State and Local Election Security Act of 2026
 U.S. Senate
 2026-06-22
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 II  119th CONGRESS  2d Session  S. 4849  IN THE SENATE OF THE UNITED STATES   June 22, 2026   Mr. Padilla  (for himself and  Mr. Schiff ) introduced the following bill; which was read twice and referred to the  Committee on Rules and Administration    A BILL
To authorize funding for election security grants for fiscal years 2026, 2027, and 2028, and for other purposes.
1.
Short title
This Act may be cited as the   State and Local Election Security Act of 2026  .
2.
Sense of Congress
It is the sense of Congress that—
(1)
elections in the United States are safe and secure thanks to the hard work of State and local election officials and that eligible voters should be confident in their ability to cast their vote and have their voice heard;
(2)
election officials need consistent and reliable Federal funding to administer elections; and
(3)
the Trump Administration has furloughed, fired, and uprooted the election mission of critical Federal agencies and cut off funding for the Election Infrastructure Information Sharing and Analysis Center (EI–ISAC), forcing State and local election officials to spend significant resources to prepare for the possibility of election interference from our own Federal Government.
3.
Election security grants
(a)
In general
The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ) is amended by adding at the end the following new title:
X
Election security grants
1001.
Election security grant program
(a)
In general
For each fiscal year, the Commission shall establish a program under which the Commission shall make a payment to each State in which the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official—
(1)
agrees to comply with the requirements of section 1002; and
(2)
notifies the Commission that the State intends to use the payment in accordance with this section.
(b)
Use of payments
(1)
In general
A State or unit of local government shall use the funds provided under a payment made under this section for activities to improve the administration of elections for Federal office, including to modernize election infrastructure, improve election administration efficiency, and prevent, prepare for, and respond to election security threats.
(2)
Limitation
A State or unit of local government may not use the funds provided under a payment made under this section—
(A)
to pay costs associated with any litigation, except to the extent that such costs otherwise constitute permitted uses of a payment under this section; or
(B)
for the payment of any judgment.
(c)
Use of funds To be consistent with other laws and requirements
In order to receive a payment under the program under this section, the State or unit of local government shall provide the Commission with certifications that—
(1)
the State will use the funds provided under the payment in a manner that is consistent with each of the laws described in section 906, as such laws relate to the provisions of this Act; and
(2)
the proposed uses of the funds are not inconsistent with the requirements of title III.
(d)
Amount of annual payment
(1)
In general
The amount of payment made to a State under this section for any fiscal year shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3).
(2)
Minimum payment amount
The minimum payment amount described in this paragraph is—
(A)
in the case of any of the several States or the District of Columbia, one-half of 1 percent of the amount made available for payments under this section for the fiscal year; and
(B)
in the case of any other State, one-tenth of 1 percent of such amount.
(3)
Voting age population proportion amount
The voting age population proportion amount described in this paragraph is the product of—
(A)
the amount made available for payments under this section for the fiscal year minus the total of all of the minimum payment amounts determined under paragraph (2); and
(B)
the voting age population proportion for the State (as defined in paragraph (4)).
(4)
Voting age population proportion defined
The term  voting age population proportion  means, with respect to a State, the amount equal to the quotient of—
(A)
the voting age population of the State (as reported in the most recent decennial census); and
(B)
the total voting age population of all States (as reported in the most recent decennial census).
(e)
Timing of payment
A payment under this section for any fiscal year shall be made not later than 45 days after the first day of such fiscal year (30 days after the date of the enactment of this section in the case of any payment for fiscal year 2026).
1002.
Requirements
(a)
Distribution to local election administrators
(1)
In general
A State shall provide not less than the applicable percentage of any payment received for a year under section 1001 to units of local government responsible for the administration of elections for Federal office in the State for purposes of carrying out the activities described in section 1001(b)(1).
(2)
Applicable percentage
(A)
In general
Except as provided in subparagraph (B), the applicable percentage under paragraph (1) shall be 50 percent.
(B)
Special rule
If a State certifies to the Commission that the State government is primarily responsible for the administration of elections for Federal office in the State and includes with such certification a list of relevant State and local duties and costs with regard to the administration of elections for Federal office, the applicable percentage under paragraph (1) shall be the percentage determined by the Commission to bear the same ratio to the duties and costs with respect to elections for Federal office born by the units of local government in the State to all such duties and costs.
(b)
Reports
(1)
In general
Not later than 50 days after each election for Federal office in the State, the State shall submit to the Commission a report that includes a full accounting of the uses of the payment (including any amounts provided to units of local government) and an explanation of how such uses allowed the State or unit of local government to improve the administration of Federal elections.
(2)
Submission to Congress
Not later than 3 days of receipt of a report required under paragraph (1), the Commission shall submit to the Committee on Appropriations and the Committee on House Administration of the House of Representatives and the Committee on Appropriations and the Committee on Rules and Administration of the Senate the report provided under paragraph (1).
(c)
Deposit of amounts in state election fund
When a State has established an election fund described in section 254(b), the State shall ensure that any funds provided to the State under this title are deposited and maintained in such fund.
1003.
Authorization of appropriations
(a)
In general
There are authorized to be appropriated for payments under this title—
(1)
$5,000,000,000 for fiscal year 2026;
(2)
$2,500,000,000 for fiscal year 2027; and
(3)
$2,500,000,000 for fiscal year 2028.
(b)
Continuing availability of funds after appropriation
Any payment made to a State under this title shall be available to the State without fiscal year limitation (subject to subsection (c)).
(c)
Return of unobligated funds
(1)
In general
Any portion of a payment made to a State with funds provided under this title which is unobligated on the date that is 5 years after the payment was disbursed shall be returned to the Treasury.
(2)
Extension of time
Upon request by a State, the Commission may extend the date under paragraph (1), except that any such extension may not exceed 3 additional years.
 .
(b)
Clerical amendment
The table of contents in section 1(b) of the Help America Vote Act of 1986 is amended by adding at the end the following:
TITLE X—Election security grants
Sec. 1001. Election security grant program.
Sec. 1002. Requirements.
Sec. 1003. Authorization of appropriations.
  .
4.
Treatment of certain territories under Help America Vote Act of 2002
Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking  and the United States Virgin Islands  and inserting  the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory authorized under Federal law (or otherwise permitted by the practices and procedures of the Congress, as determined by the Committees on House Administration and on Rules of the House of Representatives and communicated in writing by the Chairs of such committees to the Commission) to elect a Delegate or Resident Commissioner to Congress .
5.
Grants for election information sharing
There is authorized to be appropriated to the Director of the Cybersecurity and Infrastructure Security Agency $50,000,000 for each of fiscal years 2026, 2027, and 2028 for the purpose of making grants to the Center for Internet Security to carry out the Elections Infrastructure Information Sharing and Analysis Center.