The FACTS Act aims to strengthen the security and preservation of federal election records, including both physical and electronic documents. It extends the requirement for officials to retain election records and allows the Department of Justice to inspect these materials. The bill also increases penalties for interfering with the electoral process, such as by intimidating or threatening those involved in counting or certifying votes.
Latest Action
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
AI Summary
Plain-English explanation of this bill
The FACTS Act aims to strengthen the security and preservation of federal election records, including both physical and electronic documents. It extends the requirement for officials to retain election records and allows the Department of Justice to inspect these materials. The bill also increases penalties for interfering with the electoral process, such as by intimidating or threatening those involved in counting or certifying votes.
Last updated: 12/29/2025
Official Summary
Congressional Research Service summary
<p><strong>Protecting Election Administration from Interference Act of </strong><b>2023</b></p> <p>This bill revises preservation and retention requirements for federal election records. It also revises criminal penalties related to election records and the voting process.</p> <p>Under current law, election officials must, for a period of 22 months from the federal election, retain and preserve all election-related records and papers. This bill extends the requirement to electronic records and electronic equipment.</p> <p>Next, the bill directs the Cybersecurity and Infrastructure Security Agency to issue minimum standards and best practices for retaining and preserving records (including electronic records), papers, and electronic equipment, including protocols for observing their preservation, security, and transfer by the Department of Justice (DOJ) and a representative of each political party.</p> <p>In addition, the bill revises the federal criminal offense related to election records or papers to include reckless disregard of election record requirements resulting in the theft, destruction, concealment, mutilation, or alteration of a record, paper, or electronic equipment.</p> <p>Further, the bill allows DOJ to demand electronic records and electronic equipment be made available for inspection and generally prohibits DOJ from disclosing this information.</p> <p>The bill allows DOJ and candidates for federal office to bring an action in a district court to compel compliance with election record requirements.</p> <p>Finally, the bill extends criminal penalties related to voting interference to include intimidating, threatening, or coercing (or attempting to do so) an individual for processing or scanning ballots, tabulating, canvassing, or certifying voting results.</p>
Key Points
Main provisions of the bill
Expands requirements for officials to preserve and secure physical and electronic election records for at least 22 months after a federal election
Directs the Cybersecurity and Infrastructure Security Agency to set standards for record retention and inspection protocols
Allows the Department of Justice to demand access to electronic election records and equipment
Broadens criminal penalties for interfering with the electoral process, such as by intimidating election workers
Enables the Department of Justice and federal candidates to take legal action to enforce election record requirements
How This Impacts Americans
Potential effects on citizens and communities
If enacted, the FACTS Act would impact federal election officials, the Department of Justice, and anyone involved in the electoral process, from voters to poll workers to those certifying results. The goal is to better secure and preserve election records, prevent interference, and ensure transparency and accountability in federal elections.
Policy Areas
Primary Policy Area
Government Operations and Politics
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
3130, 119th Congress (2025). "FACTS Act". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-3130
