H.R. 5407

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5407 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5407

To require certain States to submit a continuity of operations plan for 
elections in the event of a major disaster, to require the Comptroller 
General of the United States to report on assistance for election 
administration in the event of a major disaster, and to require the 
Election Assistance Commission to award grants to strengthen elections 
against climate change-driven disasters, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 16, 2025

Mr. Morelle (for himself, Ms. Sewell, Mrs. Torres of California, and 
Ms. Johnson of Texas) introduced the following bill; which was referred 
to the Committee on House Administration

_______________________________________________________________________

A BILL

To require certain States to submit a continuity of operations plan for 
elections in the event of a major disaster, to require the Comptroller 
General of the United States to report on assistance for election 
administration in the event of a major disaster, and to require the 
Election Assistance Commission to award grants to strengthen elections 
against climate change-driven disasters, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Climate Resilient Elections Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) In January 2017, the Department of Homeland Security 
determined that the Nation's election infrastructure qualifies 
as critical infrastructure for national security purposes.
(2) According to the Department of Homeland Security, 
``[t]his designation recognizes that the United States' 
election infrastructure is of such vital importance to the 
American way of life that its incapacitation or destruction 
would have a devastating effect on the country''.
(3) Election administration consistently faces substantial 
threats because of severe natural disasters. Delayed elections 
or damaged or destroyed polling places, voting machines, 
ballots, or transportation and utility infrastructure may 
disenfranchise voters, undermine confidence in elections, or 
even alter election outcomes.
(4) Hurricane Sandy made landfall in New York and New 
Jersey just days before the 2012 presidential election, 
displacing as many as 776,000 residents and causing 
unprecedented election administration challenges. The 
jurisdictions most affected by Hurricane Sandy saw 
significantly worse voter turnout in the 2012 presidential 
election than those unaffected by the storm.
(5) In 2016, California experienced 12 major fires in the 
three months leading up to Election Day. In 2018, the State 
experienced 15 major fires leading up to Election Day. These 
fires displaced voters, burned residences, and damaged polling 
stations. Climate change has extended wildfire season in the 
American west into the late Fall: On November 8, 2018, just two 
days after Election Day, the Camp Fire ignited, eventually 
claiming 85 lives and destroying over 18,000 structures--the 
deadliest fire in California history. Evacuation orders because 
of wildfires displace hundreds of thousands of voters each 
year, well into the days leading up to the election.
(6) In 2018, Hurricane Michael hit the Florida panhandle 
just 27 days before the midterm elections, causing at least 16 
deaths, damaging or destroying an estimated 40,000 homes, and 
resulting in approximately $25 billion in damages. The 
destruction displaced tens of thousands of voters and forced 
the closure of polling places, significantly depressing turnout 
amongst voters recovering from the hurricane who were forced to 
travel longer distances to cast a ballot.
(7) In 2021, Hurricane Ida forced the Governor of Louisiana 
to delay several elections, scheduled for October, and relocate 
and consolidate polling places due to devastating damage. In 
the hardest hit parts of the State, some voters had to cast 
their ballots in large tents because of the significant damage.
(8) In 2022, voters in Kentucky displaced by tornadoes that 
ravaged the State in the months leading up to the primary 
election had to vote absentee in order to cast a ballot in 
their home counties.
(9) Hurricane Helene caused significant damage and 
devastation throughout the southeastern United States--
particularly in Florida, Georgia, North Carolina, South 
Carolina, Tennessee, and Virginia--when it made landfall in 
September 2024. The hurricane's destruction was extreme, 
occurring during the early and mail voting period for the 
November 2024 elections and displacing thousands while 
disrupting mail services for countless voters who rely on the 
United States Postal Service to cast a ballot.
(10) Hurricane Milton caused billions of dollars in damage, 
spawned numerous deadly tornadoes, and displaced countless 
voters less than a month before the November 2024 elections.
(11) The United States Election Assistance Commission has 
published a web page on contingency planning to help election 
officials prepare for unexpected circumstances, including 
natural and other disasters.
(12) The United States Forest Service has declared that 
``[i]n the past 20 years, many States have had record 
catastrophic wildfires, harming people, communities and natural 
resources and causing billions of dollars in damage. In running 
5-year average number of structures destroyed by wildfires each 
year rose from 2,873 in 2014 to 12,255 in 2020--a fourfold 
increase in just six years''. As these trends continue, the 
impacts of climate change on American lives and American 
infrastructure will grow.
(13) The National Oceanic and Atmospheric Administration 
has cautioned that ``extreme weather events [caused by climate 
change] that bring heavy rains, floods, wind, snow, or 
temperature changes can stress existing structures and 
facilities. Increased temperatures require more indoor cooling, 
which can put stress on an energy grid. Sudden heavy rainfall 
can lead to flooding that shuts down highways and major 
business areas''. Each of these factors may strain election 
infrastructure if they occur during a voting period.
(14) The Department of Defense has declared that ``[r]ising 
temperatures, changing precipitation patterns, and more 
frequent, extreme, and unpredictable weather conditions caused 
by climate change are worsening existing security risks and 
creating new challenges for the United States''. These security 
risks and challenges are amplified when they threaten the 
elections that form the bedrock of our Republic.
(15) The Department of Energy has noted that ``severe 
weather--the leading cause of power outages and fuel supply 
disruption in the United States--is projected to worsen, with 
eight of the 10 most destructive hurricanes of all time having 
happened in the last 10 years''. The catastrophic effects of 
severe weather threaten the sanctity of American elections, and 
we must ensure that our election systems are prepared for 
worsening climate change-based weather events.
(16) The Department of the Interior has clarified that 
``the climate crisis disproportionately affects underserved 
communities''. These communities already face significant 
barriers to the ballot.
(17) President Trump's budget request proposes the 
elimination of the Election Security Grants funding program 
that supports State and local election administration, in 
addition to drastic cuts to the Election Assistance 
Commission--cuts that would harm States' ability to conduct 
secure, safe, and fair elections in the face of natural 
disasters.
(18) It is incumbent upon election administrators 
nationwide to ensure the resiliency of our elections--and 
through our elections, our very democracy--in the face of the 
worsening climate crisis.

SEC. 3. ENSURING ELECTION ADMINISTRATORS PREPARE AND RETAIN CONTINUITY 
OF OPERATIONS PLANS FOR USE IN THE EVENT OF DISASTER.

(a) Requirement.--Title IX of the Help America Vote Act of 2002 (52 
U.S.C. 21141 et seq.) is amended by adding at the end the following:

``SEC. 907. CONTINUITY OF OPERATIONS PLAN REQUIREMENT.

``(a) In General.--Each State that receives a grant or other 
payment under this Act after the date of the enactment of this 
section--
``(1) shall, not later than September 30, 2028, submit to 
the Commission a continuity of operations plan to ensure the 
successful administration of elections in the event of 
disaster, accounting for the disasters most likely to occur in 
the jurisdiction of such recipient, including a major disaster 
(as defined in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122));
``(2) shall, not later than September 30, 2033, and not 
less frequently than every 5 years thereafter until September 
30, 2043, update such plan to reflect evolving risks or 
changing conditions and promptly submit the updated version of 
such plan to the Commission;
``(3) may, after September 30, 2043, update such plan to 
reflect evolving risks or changing conditions and submit the 
updated version of such plan to the Commission;
``(4) shall retain each plan submitted under paragraph (1), 
(2), or (3) until the date that is 5 years after the date such 
plan was submitted to the Commission; and
``(5) may coordinate with the Commission, other States, 
Tribal governments, units of local government, or other 
resources or entities when preparing such plan.
``(b) Publication.--The Commission shall disseminate to the public 
(through the internet, published reports, and other methods the 
Commission considers appropriate) any continuity of operations plan 
received pursuant to this section, except that no information so 
disseminated may expose personally identifiable information or endanger 
national security, public infrastructure, or public safety.''.
(b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 906 the 
following new item:

``Sec. 907. Continuity of operations plan requirement.''.

SEC. 4. REPORT ON VOTER REGISTRATION AND FEDERAL ASSISTANCE FOR 
ELECTION ADMINISTRATION IN THE EVENT OF A MAJOR DISASTER.

(a) In General.--The Comptroller General of the United States shall 
conduct--
(1) an analysis of the effect of natural disasters on voter 
registration rates in areas affected by such disasters;
(2) an analysis of ways that the Federal Government may 
better assist States and units of local government in the 
administration of elections in the event of a covered major 
disaster, including the ways existing Federal resources in 
regions potentially affected by such a covered major disaster 
that are not allocated to life-saving or national security 
measures should be engaged to support election infrastructure; 
and
(3) a study of legislative authorizations, if any are 
needed, that Congress may consider to ensure the efficient and 
effective deployment of emergency resources to support election 
infrastructure in the event that the President declares a 
covered major disaster.
(b) Report.--Not later than September 30, 2026, the Comptroller 
General shall submit to the Committee on House Administration of the 
House of Representatives and the Committee on Rules and Administration 
of the Senate a report on the analysis and study required under 
subsection (a).
(c) Limitation on Authority.--No provision of this Act may be 
construed to authorize any power of the Federal Government to seize or 
hold any ballot or voting machine.

SEC. 5. GRANTS FOR STRENGTHENING AMERICAN ELECTIONS AGAINST CLIMATE 
CHANGE-DRIVEN DISASTERS.

(a) In General.--The Election Assistance Commission shall make 
grants to assist States in strengthening the resiliency of State voting 
systems against potential covered major disasters to improve the 
quality, reliability, accuracy, accessibility, affordability, and 
security of voting equipment, election systems, and voting technology.
(b) Use of Funds.--A State shall use the funds provided under a 
grant made under this section to carry out one or more of the following 
activities:
(1) Improving the administration of elections for Federal 
office with specific regard to disaster preparedness.
(2) Educating voters concerning State plans for election 
administration during or immediately after a covered major 
disaster.
(3) Training election officials, poll workers, and election 
volunteers with respect to disaster preparedness.
(4) Developing or publishing the continuity of operation 
plan required by section 3 of this Act.
(5) Improving, acquiring, leasing, modifying, or replacing 
voting systems and technology and methods for casting and 
counting votes, provided that such improvements, acquisitions, 
leases, modifications, or replacements will enhance the 
resiliency of a Federal election in the State.
(6) Establishing or modifying a toll-free hotline that 
voters may use to obtain information on how and where to vote 
in the event of a covered major disaster.
(c) Limitation.--A State may not use the funds provided under a 
grant made under this section--
(1) to pay the costs associated with any litigation, except 
to the extend that such costs otherwise constitute permitted 
uses of a grant under this section;
(2) for the payment of any judgment; or
(3) for any use that would violate a State or Federal court 
order.
(d) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
(1) $20,000,000 for fiscal year 2026;
(2) $20,000,000 for fiscal year 2027;
(3) $20,000,000 for fiscal year 2028;
(4) $20,000,000 for fiscal year 2029; and
(5) $20,000,000 for fiscal year 2030.

SEC. 6. DEFINITIONS.

In this Act:
(1) Covered major disaster.--The term ``covered major 
disaster'' means a major disaster declared by the President 
during the voting period of a Federal election pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) in response to--
(A) a natural catastrophe, including hurricane, 
tornado, storm, high water, wind-driven water, tidal 
wave, tsunami, earthquake, volcanic eruption, 
landslide, mudslide, snowstorm, extreme heat, and 
drought;
(B) a fire, flood, or explosion, regardless of 
cause; or
(C) an act of terrorism.
(2) State.--The term ``State'' has the meaning given such 
term in section 901 of the Help America Vote Act of 2002 (52 
U.S.C. 21141).
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