S. 5491: Freedom from Intimidation in Elections Act

This bill would change federal election law to make it clear that threatening, intimidating, or trying to pressure election officials and election workers is prohibited.

What it changes

• It amends the Voting Rights Act to add a new rule specifically banning intimidation, threats, or coercion against people who are carrying out federal election duties.
• Those duties include tasks such as administering elections, counting votes, tabulating results, canvassing, and certifying election results.
• It also protects people from being targeted because they are, or were, involved in election administration.

Firearms near election activity

• The bill creates a legal presumption that a person has violated the intimidation rule 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.
• This presumption means the person would be treated as having violated the law unless they can show otherwise by a preponderance of the evidence.

Law enforcement exception

• State and local law enforcement officers acting within the scope of their official duties are not automatically subject to that firearm presumption.
• However, a court may still consider whether an officer had a firearm when deciding if they violated the intimidation ban.
• Members of the National Guard are not exempt from the presumption, even when serving under a governor’s command.

Possible court remedies

• If a court finds a violation, it could order appropriate relief.
• This could include temporary limits on defendants carrying firearms in the relevant setting.

Relevant Companies

None found