Enhancement of protections for election records, papers, and equipment

(a) Preservation of records, paper, and equipment Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended— (1) by striking Every officer and inserting the following: (a) In general Every officer; (2) by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears; (3) by striking record or paper and inserting record (including electronic record), paper, or election equipment; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian; (5) by inserting, or acts in reckless disregard of, after fails to comply with; and (6) by inserting after subsection (a) the following: (b) Election equipment The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records (including electronic records), papers, and election equipment in compliance with subsections (a) and (b). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records (including electronic records), papers, and election equipment described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General.. (b) Penalty Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended— (1) by inserting, or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters; and (2) by striking record or paper and inserting record (including electronic record), paper, or election equipment. (c) Inspection, reproduction, and copying Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 20703) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment” each place the term appears. (d) Nondisclosure Section 304 of the Civil Rights Act of 1960 (52 U.S.C. 20704) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment”. (e) Jurisdiction To compel production Section 305 of the Civil Rights Act of 1960 (52 U.S.C. 20705) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment” each place the term appears.