II 

118TH CONGRESS 

2D SESSION S. 5165 

To prohibit the intimidation of election officials and election workers. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. PADILLA (for himself, Ms. BUTLER, Mr. WHITEHOUSE, Ms. HIRONO, Mr. 

KAINE, Mr. MURPHY, Mr. VAN HOLLEN, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit the intimidation of election officials and election 

workers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom from Intimi5 dation in Elections Act’’. 

6 SEC. 2. PROHIBITING INTIMIDATION OF ELECTION OFFI7 CIALS AND ELECTION WORKERS. 

8 Section 11 of the Voting Rights Act of 1965 (52 

9 U.S.C. 10307) is amended— 


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1 (1) in subsection (b), by striking ‘‘section 3(a), 

2 6, 8, 9, 10, or 12(e)’’ and inserting ‘‘section 3(a), 

3 8, 10, or 12(e)’’; 

4 (2) by redesignating subsections (c), (d), and 

5 (e) as subsections (d), (e), and (f), respectively; and 

6 (3) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) No person, whether acting under color of law 

9 or otherwise, shall intimidate, threaten, or coerce, or at10 tempt to intimidate, threaten, or coerce any person for ex11 ercising any powers or duties to administer Federal elec12 tions, including vote counting, tabulation, canvassing, and 

13 election certification, and any of the duties of the Election 

14 Assistance Commission as set out in section 202 of the 

15 Help America Vote Act of 2002 (52 U.S.C. 20922), or 

16 because of the person’s status, or previous status, as a 

17 participant in the administration of Federal elections.’’. 

18 SEC. 3. PRESUMPTION THAT FIREARMS NEAR ELECTION19 RELATED CONDUCT ARE INTIMIDATING. 

20 Title I of the Voting Rights Act of 1965 (52 U.S.C. 

21 10301 et seq.) is amended by adding at the end the fol22 lowing new section: 

23 ‘‘SEC. 21. ENFORCEMENT PROCEEDINGS CONCERNING IN24 TIMIDATION INVOLVING FIREARMS. 

25 ‘‘(a) PRESUMPTION.— 


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1 ‘‘(1) VOTER INTIMIDATION.—In any suit to en2 force section 11(b), a person shall be presumed to 

3 have violated such section, in the absence of an af4 firmative showing to the contrary by a preponder5 ance of the evidence, if such person displays or car6 ries a visible firearm, imitation firearm, or antique 

7 firearm while interacting with or observing another 

8 person— 

9 ‘‘(A) voting or attempting to vote; 

10 ‘‘(B) urging or aiding a person voting or 

11 attempting to vote; or 

12 ‘‘(C) exercising any powers or duties under 

13 section 3(a), 8, 10, or 12(e). 

14 ‘‘(2) INTIMIDATION OF ELECTION OFFICIALS

15 AND ELECTION WORKERS.—In any suit to enforce 

16 section 11(c), a person shall be presumed to have 

17 violated such section, in the absence of an affirma18 tive showing to the contrary by a preponderance of 

19 the evidence, if such person displays or carries a 

20 visible firearm, imitation firearm, or antique firearm 

21 while interacting with or observing another person— 

22 ‘‘(A) exercising any powers or duties to ad23 minister elections; or 


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1 ‘‘(B) due to the person’s status, or pre2 vious status, as a participant in the administra3 tion of elections. 

4 ‘‘(b) LAW ENFORCEMENT OFFICER EXCEPTION.— 

5 Any law enforcement officer acting within the scope of the 

6 officer’s official duties is not subject to the presumption 

7 in subsection (a), but a court may nonetheless consider 

8 a law enforcement officer’s possession of a firearm in de9 termining whether the officer violated subsection (b) or 

10 (c) of section 11. 

11 ‘‘(c) RELIEF.—In a suit to enforce subsection (b) or 

12 (c) of section 11, a court may grant appropriate relief, 

13 including placing reasonable temporary limits on the car14 rying of firearms by defendants. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘antique firearm’ has the mean17 ing given such term in section 921(a) of title 18, 

18 United States Code. 

19 ‘‘(2) The term ‘firearm’ has the meaning given 

20 such term in section 921(a) of title 18, United 

21 States Code. 

22 ‘‘(3) The term ‘imitation firearm’— 

23 ‘‘(A) means an article, object or device, 

24 replica, reproduction, or prop gun made or reVerDate Sep 11 2014 22:26 Oct 08, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5165.IS S5165

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1 made to be reasonably capable of being mis2 taken for a firearm; and 

3 ‘‘(B) includes— 

4 ‘‘(i) any weapon, article, item, or de5 vice that is in the nature of an air gun, 

6 spring gun or pistol, or other weapon in 

7 which the propelling force is a spring, an 

8 elastic band, carbon dioxide, compressed or 

9 other gas or vapor, or air or compressed 

10 air, and that ejects a bullet or missile 

11 smaller than three-eighths of an inch in di12 ameter with sufficient force to injure a 

13 person that is so substantially similar in 

14 coloration, configuration, and overall ap15 pearance to an existing firearm or weapon 

16 as to lead a reasonable person to perceive 

17 that the device is a firearm or weapon; and 

18 ‘‘(ii) any weapon, including a starter 

19 gun, which will or is designed to fire blank 

20 cartridges that is so substantially similar 

21 in coloration, configuration, and overall ap22 pearance to an existing firearm or weapon 

23 as to lead a reasonable person to perceive 

24 that the device is a firearm or weapon.’’. 

Æ 


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