S. 4849

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4849 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4849

To authorize funding for election security grants for fiscal years 
2026, 2027, and 2028, and for other purposes.

_______________________________________________________________________

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.

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 ``State and Local Election Security 
Act of 2026''.

SEC. 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.

SEC. 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:

``TITLE X--ELECTION SECURITY GRANTS

``SEC. 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).

``SEC. 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.

``SEC. 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.''.

SEC. 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''.

SEC. 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.
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