H.R. 5407 — Climate Resilient Elections Act

This section states congressional findings concerning (1) the designation of election infrastructure as critical infrastructure by the Department of Homeland Security in January 2017; (2) threats to elections from natural disasters such as Hurricanes Sandy (2012), Michael (2018), Ida (2021), Helene and Milton (2024), wildfires in California (2016, 2018), and tornadoes in Kentucky (2022), which have displaced voters, damaged polling places, and depressed turnout; (3) climate change exacerbating these risks through extended wildfire seasons, severe weather, power outages, and infrastructure stress, as noted by agencies including the United States Forest Service, National Oceanic and Atmospheric Administration, Department of Defense, Department of Energy, and Department of the Interior; and (4) the role of the U.S. Election Assistance Commission in contingency planning and concerns over proposed elimination of Election Security Grants.

This section establishes in the Help America Vote Act of 2002 (HAVA) a new section 907 requiring each state receiving a grant or other payment under HAVA to submit to the Election Assistance Commission (EAC) a continuity of operations plan to ensure successful election administration in the event of a disaster, including a major disaster as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). States must (1) submit an initial plan by September 30, 2028; (2) update and resubmit by September 30, 2033, and every five years thereafter through September 30, 2043; (3) optionally update and submit after September 30, 2043; (4) retain each submitted plan for five years; and (5) coordinate as needed with the EAC, other states, tribal governments, local governments, or other entities. The EAC must publicly disseminate submitted plans via internet, reports, or other methods, excluding personally identifiable information or content endangering national security, public infrastructure, or public safety.

This section directs the Comptroller General of the United States to conduct (1) an analysis of natural disasters' effects on voter registration rates in affected areas, (2) an analysis of ways the federal government can better assist states and localities in administering elections during covered major disasters—including by engaging existing federal resources in potentially affected regions that are not allocated to life-saving or national security measures to support election infrastructure—and (3) a study of legislative authorizations Congress may consider to ensure efficient deployment of emergency resources for election infrastructure following a presidential major disaster declaration. The Comptroller General must submit a report on these matters to the House Committee on Administration and the Senate Committee on Rules and Administration by September 30, 2026. This section clarifies that no provision of the Act authorizes the federal government to seize or hold any ballot or voting machine.

This section establishes a grant program administered by the Election Assistance Commission for states to strengthen the resiliency of voting systems against covered major disasters, authorizing $20 million annually for FY2026 through FY2030. Grants may be used to (1) improve federal election administration for disaster preparedness; (2) educate voters on state election plans during or after such disasters; (3) train election officials, poll workers, and volunteers on disaster preparedness; (4) develop or publish continuity of operations plans; (5) improve, acquire, lease, modify, or replace resilient voting systems and technology; or (6) establish or modify a toll-free voter hotline, subject to limitations prohibiting use for litigation costs (except as permitted), judgments, or court order violations.

This section defines key terms for purposes of the Act. It defines "covered major disaster" as a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during the voting period of a federal election in response to (A) a natural catastrophe (e.g., hurricane, tornado, earthquake), (B) a fire, flood, or explosion regardless of cause, or (C) an act of terrorism. It defines "State" as having the meaning given in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) (i.e., the 50 states, District of Columbia, and U.S. territories).