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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9968 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9968

            To protect election workers and polling places.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2024

  Mr. Gottheimer (for himself and Mr. Bacon) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
            To protect election workers and polling places.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Election Worker and Polling Place 
Protection Act''.

SEC. 2. PROHIBITION ON INTERFERENCE AND INTIMIDATION.

    Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is 
amended by adding at the end the following:
    ``(f)(1)(A) Whoever, whether or not acting under color of law, by 
force or threat of force, or by violence or threat of violence to any 
person or property, willfully interferes with or attempts to interfere 
with, the ability of any person or any class of persons to vote or 
qualify to vote, or to qualify or act as a poll watcher or as any 
legally authorized election official, in any primary, special, or 
general election, or any person who is, or is employed by, an agent, 
contractor, or vendor of a legally authorized election official 
assisting in the administration of any primary, special, or general 
election to assist in that administration, shall be fined not more than 
$2,500, or imprisoned not more than 6 months, or both.
    ``(B) Whoever, whether or not acting under color of law, by force 
or threat of force, or by violence or threat of violence to any person 
or property, willfully intimidates or attempts to intimidate, any 
person or any class of persons seeking to vote or qualify to vote, or 
to qualify or act as a poll watcher or as any legally authorized 
election official, in any primary, special, or general election, or any 
person who is, or is employed by, an agent, contractor, or vendor of a 
legally authorized election official assisting in the administration of 
any primary, special, or general election, shall be fined not more than 
$2,500, or imprisoned not more than 6 months, or both.
    ``(C) If bodily injury results from an act committed in violation 
of this paragraph or if such act includes the use, attempted use, or 
threatened use of a dangerous weapon, an explosive, or fire, then, in 
lieu of the remedy described in subparagraph (A) or (B), the violator 
shall be fined not more than $5,000 or imprisoned not more than 1 year, 
or both.
    ``(2)(A) Whoever, whether or not acting under color of law, 
willfully physically damages or threatens to physically damage any 
physical property being used as a polling place or tabulation center or 
other election infrastructure, with the intent to interfere with the 
administration of a primary, general, or special election or the 
tabulation or certification of votes for such an election, shall be 
fined not more than $2,500, or imprisoned not more than 6 months, or 
both.
    ``(B) If bodily injury results from an act committed in violation 
of this paragraph or if such act includes the use, attempted use, or 
threatened use of a dangerous weapon, an explosive, or fire, then, in 
lieu of the remedy described in subparagraph (A), the violator shall be 
fined not more than $5,000 or imprisoned not more than 1 year, or both.
    ``(3) For purposes of this subsection, de minimus damage or a 
threat of de minimus damage to physical property shall not be 
considered a violation of this subsection.
    ``(4) For purposes of this subsection, the term `election 
infrastructure' means any office of a legally authorized election 
official, or a staffer, worker, or volunteer, assisting such an 
election official or any physical, mechanical, or electrical device, 
structure, or tangible item, used in the process of creating, 
distributing, voting, returning, counting, tabulating, auditing, 
storing, or other handling of voter registration or ballot information.
    ``(g) No prosecution of any offense described in subsection (f) may 
be undertaken by the United States, except under the certification in 
writing of the Attorney General, or a designee, that--
            ``(1) the State does not have jurisdiction;
            ``(2) the State has requested that the Federal Government 
        assume jurisdiction; or
            ``(3) a prosecution by the United States is in the public 
        interest and necessary to secure substantial justice.''.
                                 <all>
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