H.R. 10545: Freedom from Intimidation in Elections Act

This bill would change federal voting-rights law to make it clearer that intimidating election workers is illegal, and it would add a specific rule about firearms near election-related activity.

What the bill changes

• It amends the Voting Rights Act to say that no one may intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce people who are carrying out federal election duties.
• Those covered duties include administering elections, vote counting, tabulating results, canvassing ballots, and certifying elections.
• It also covers people who work with the Election Assistance Commission in carrying out its duties.
• The protection applies both to people currently performing these jobs and to people because of their past role in election administration.

Firearms near election-related activity

• The bill creates a legal presumption that a person has violated the anti-intimidation law if they visibly carry or display a firearm, imitation firearm, or antique firearm while interacting with or observing someone who is:
  • voting or trying to vote,
  • helping someone vote, or
  • performing election-administration duties.
• It also creates a similar presumption for visible firearms near election workers or officials because of their election-related status or past status.
• “Imitation firearm” is defined broadly and includes realistic-looking replica guns, prop guns, some air guns, and starter guns that could reasonably be mistaken for real firearms.

Exceptions and enforcement

• State and local law enforcement officers acting within the scope of their official duties are not automatically subject to the firearm presumption, though a court may still consider whether they had a firearm when deciding if they violated the law.
• Members of the National Guard are not exempt from the presumption.
• If a court finds a violation, it may order appropriate relief, including temporary limits on defendants carrying firearms.

Relevant Companies

None found.