On September 21, 2016, Representative Hank Johnson (R-GA) introduced two bills in the U.S. House of Representatives that aim to protect U.S. voting systems from hackers. These two pieces of legislation—the “Election Infrastructure and Security Promotion Act of 2016” and the “Election Integrity Act of 2016”—were introduced “[i]n the wake of the [Democratic National Committee] server hack,” Rep. Johnson said in a statement. “We must work to reduce the vulnerability of our crucial voting systems, protect the security and integrity of our electoral process, and ensure all Americans have the opportunity to vote.”

Under the Election Integrity Act of 2016 (H.R. 6072), all voting systems used in federal elections would be required to provide paper ballots and make those ballots available to each voter for inspection and verification before the voter’s ballot is cast and counted. In addition, H.R. 6072 would prohibit the connection of voting systems (upon which ballots are programmed or votes are cast) to the Internet. Currently, five states use electronic-only voting without a paper trail: New Jersey, Delaware, South Carolina, Georgia, and Louisiana. Another ten states allow for mixed methods that can include electronic systems without paper.

Under the Election Infrastructure and Security Promotion Act (H.R. 6073), the Secretary of Homeland Security would be required to classify voting systems used in the United States as “critical infrastructure.” This term is defined in Section 1016 of the Critical Infrastructure Protection Act of 2001 as those “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.” There are currently 16 critical infrastructure sectors that compose these assets, systems, and networks (e.g., the U.S. power grid and water supply).

Classifying voting systems as critical infrastructure gives the U.S. Department of Homeland Security (“DHS”) the authority to enhance its efforts and provide increased support to secure such systems. Under H.R. 6073, the DHS would be required to conduct research and development in order to mitigate the effects of voting system hacks, and prepare and submit to the relevant committees in the House and Senate a comprehensive plan to protect the critical infrastructure of the voting systems against threats, including acts of terrorism. In addition, under H.R. 6073, the Director of the National Institute of Standards and Technology (“NIST”) would be given the authority to develop standards for safeguarding the operational security of the voting systems used in federal elections and ensuring that the process by which ballots are counted in federal elections is transparent and permits voters to verify that votes in such elections are counted correctly.

Both Acts include amendments to the Help America Vote Act of 2002 in order to ensure state compliance with the NIST standards discussed above. H.R. 6072 has been referred to the House Judiciary Committee. H.R. 6073 has been referred to the House Administration Committee; House Science, Space, and Technology Committee; and House Homeland Security Committee. The text of the Election Integrity Act of 2016, H.R. 6072, can be found here. The text of the Election Infrastructure and Security Promotion Act of 2016, H.R. 6073, can be found here.