Election Crime Prosecution Act
| Model Bill Info | |
|---|---|
| Bill Title | Election Crime Prosecution Act |
| Date Introduced | July 18, 2025 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | Process and Procedures |
| Keywords | Process and Procedures |
Election Crime Prosecution Act
The Secretary of State shall exercise in the manner provided by this act all powers granted to him by this act, and shall perform all the duties imposed upon him by this act, which shall include the following:
To maintain a hotline for the reporting of any known or suspected election fraud or intimidation or duress of poll workers, judges of elections, election officials or election observers and to provide election fraud education to the public. All information received through the hotline shall be automatically transmitted to an independent prosecutor and the county election integrity officer. To cooperate with an independent prosecutor for each election cycle to review election complaints received by the secretary and the county boards of elections. To provide annual training to district attorneys and their employees on Federal and State election laws and procedures.
The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:
To cooperate with the election integrity officer in their county and to include the election integrity officer in their county in all correspondence related to the conduct of the election. To cooperate with an independent prosecutor for each election cycle to review election complaints received by the county boards of elections.
Canvassing of Official Absentee Ballots and Mail-in Ballots—Notwithstanding any other provision of law, the following apply to authorized representatives regarding the oversight of election results:
The authorized representatives shall be provided with meaningful access to view and observe the entire process of pre-canvassing or canvassing activities, including allowing the authorized representatives to easily read the text on any ballot or envelope at any point in the process of pre-canvassing or canvassing activities. A county board of elections shall designate an official to respond to issues reported by authorized representatives. The Department of State shall establish a procedure for authorized representatives to report any concerns arising from any pre-canvass meeting. The Department of State and county board of elections shall investigate and report on any concerns raised in each election. All information regarding the oversight of elections under this subsection shall be turned over to the independent prosecutor A county board of elections shall record the pre-canvass and canvass meetings with audio and visual recording. The entire recording under this paragraph shall be made available only after the close of the polls.
Independent Prosecutor.—At least ninety days prior to each primary election, the Attorney General shall appoint an independent prosecutor, which appointment shall be subject to the approval of a majority of the members elected to the Senate. The Attorney General shall appoint and fix the compensation of the independent prosecutor. The independent prosecutor shall have experience prosecuting election law violations. The independent prosecutor shall:
Review election complaints received by the Department of State and the county boards of elections for elections occurring during the calendar year in which the independent prosecutor is appointed and until the next independent prosecutor is appointed. Coordinate election oversight efforts with each level of law enforcement. The independent prosecutor shall publish a report following each election during the term of service of the independent prosecutor. The following apply:
a. Each report shall include the following for elections occurring during the term of service of the independent prosecutor b. The total number of complaints filed and the entities to which the complaints were filed. c. A summary of how each complaint was investigated by the independent prosecutor. d. Recommendations to the General Assembly, the Department of State and county boards of elections for reducing future complaints.
Each report shall be public record.
Election Integrity Officers. —The district attorney of a county or a designee of the district attorney shall serve as the county’s election integrity officer. The election integrity officer shall work with its respective county board of elections, director of elections and judge of elections to develop chain of custody procedures and internal control procedures to:
Ensure the integrity of elections. Prevent fraud and illegal voting. Recommend data analytic tools to prevent fraud and illegal voting. Ensure that proper evidence can be developed to prosecute violations of Federal and State election laws.