Tenney, Kustoff, and Banks Introduce PROTECT Act to Defend the Constitutional Integrity of Elections

Press Release

Congresswoman Claudia Tenney (NY-22), co-chair of the House Election Integrity Caucus, along with Reps. David Kustoff (TN-08) and Jim Banks (IN-03) introduced the Protecting the Right to Organized, Transparent Elections with a Constitutionally Trustworthy (PROTECT) Electoral College Act today. This bill ensures state election laws are driven by elected state legislators who are accountable to taxpayers, and not judges and partisan bureaucrats who seek to unconstitutionally alter election laws. Further, the bill prohibits federal financial assistance from being used to aid states that modify their election procedures in a manner that violates the Constitution.

Article II, Section 1 of the United States Constitution is clear that elected, accountable state legislatures--not activist judges, election officials, commissions, or partisan bureaucrats--have the sole responsibility for setting the presidential election rules in their states. Yet, in several battleground states in the 2020 election, non-legislative actors changed the election rules in the middle of the year, despite having no Constitutional authority to do so.

"As co-chair of the House Election Integrity Caucus, I'm continuing my fight to restore voter confidence and ensure that every state conducts free and fair elections, consistent with the Constitution. Taxpayers should not be footing the bill for states that establish voting procedures and policies in a manner that is inconsistent with the Constitution. I am honored to introduce this bicameral legislation with Congressmen Kustoff and Banks. It is a commonsense bill that upholds the law, protects the integrity of elections, and safeguards our Constitution," said Congresswoman Tenney.

"Following the 2020 election, many Americans lost faith in our democratic process. We cannot allow that to happen again. This bill will help restore Americans' confidence in our free and fair election system," said Rep. Kustoff. "As Democrats are trying to nationalize our elections, the PROTECT Electoral College Act ensures that states can rightfully oversee their elections--not the federal government. This is a common sense measure and I am proud to join Rep. Tenney in supporting this legislation."

"Federal taxpayers shouldn't be forced to prop up unconstitutional state election law changes. Reps. Tenney, Kustoff, and my legislation will ensure integrity in federal elections and trust in our democratic process," said Rep. Banks.

This legislation has also been introduced in the Senate by Senators Hagerty (R-TN), Rubio (R-FL), Cramer (R-ND), Lummis (R-WY), Marshall (R-KS), and Braun (R-IN).

"When I introduced the PROTECT Electoral College Act, I indicated that I was fighting for the rule of law and invited others to join me. I am pleased that today the U.S. House version of my legislation is being introduced by Congresswoman Tenney, Congressman Kustoff, and Congressman Banks. Congress must safeguard future elections and the sanctity of the Electoral College by ensuring that no federal election funding is given to states that engage in unconstitutional election procedures so that every American's vote is protected and all Americans can be confident in the results." - Sen. Bill Hagerty

Background on the PROTECT Electoral College Act:
The legislation would amend the Help America Vote Act of 2002 to condition future election security grant awards on certification by the state legislature that:

If they allow unsolicited mail-in balloting or vote harvesting they must have their methods and processes used to verify the validity of mail-in votes clearly established in state law;
Emergency COVID-19-related election procedure changes will end once the public health emergency is over unless the changes are explicitly added into state law;
Ballot counting observation laws are closely followed; and
The state has rectified any previous noncompliance with these provisions or departures from their own state election statutes.
This legislation would require the Comptroller General of the U.S. to submit a report on whether, in each state, the following occurred in the 2020 election:

Increased unsolicited mail-in balloting, changes to mail-in voter verification procedures, ballot harvesting, or material alterations to election procedures;
Specific allegations of failing to comply with ballot counting observation laws or failing to enforce other election laws;
Use of federal election security funds for such activities;
Compliance with all conditions on receipt of such funds; and
Any subsequent action by the state legislature on these matters.

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