II 

117TH CONGRESS 

1ST SESSION S. 2155 

To amend title 18, United States Code, and the Help America Vote Act 

of 2002 to provide increased protections for election workers and voters 

in elections for Federal office, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2021 

Mr. WARNOCK (for himself, Ms. KLOBUCHAR, Mr. MERKLEY, Mr. WARNER, 

and Mr. OSSOFF) introduced the following bill; which was read twice and 

referred to the Committee on Rules and Administration 

A BILL 

To amend title 18, United States Code, and the Help America Vote Act of 2002 to provide increased protections 

for election workers and voters in elections for Federal 

office, and for other purposes. 

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 ‘‘Preventing Election 

5 Subversion Act of 2021’’. 


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1 SEC. 2. HARASSMENT OF ELECTION OFFICIALS PROHIB2 ITED. 

3 (a) IN GENERAL.—Chapter 29 of title 18, United 6 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 612. Harassment of election-related officials 

7 ‘‘(a) HARASSMENT OF ELECTION WORKERS.—It 

8 shall be unlawful for any person, whether acting under 

9 color of law or otherwise, to intimidate, threaten, coerce, 

10 harass, or attempt to intimidate, threaten, coerce or har11 ass an election worker described in subsection (b) with in12 tent to impede, intimidate, or interfere with such official 

13 while engaged in the performance of official duties, or with 

14 intent to retaliate against such official on account of the 

15 performance of official duties. 

16 ‘‘(b) ELECTION WORKER DESCRIBED.—An election 

17 worker as described in this section is any individual who 

18 is an election official, poll worker, or an election volunteer 

19 in connection with an election for a Federal office. 

20 ‘‘(c) PENALTY.—Any person who violates subsection 

21 (a) shall be fined not more than $100,000, imprisoned for 

22 not more than 5 years, or both.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 29 of title 18, United States Code, is amended 

25 by adding at the end the following new item: 

‘‘612. Harassment of election-related officials.’’. 


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1 SEC. 3. PROTECTION OF ELECTION WORKERS. 

2 Paragraph (2) of section 119(b) of title 18, United 

3 States Code, is amended— 

4 (1) by striking ‘‘or’’ at the end of subparagraph 

5 (C); 

6 (2) by adding ‘‘or’’ at the end of subparagraph 

7 (D); and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(E) any individual who is an election offi11 cial, a poll worker, or an election volunteer in 

12 connection with an election for a Federal of13 fice;’’. 

14 SEC. 4. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION 

15 ADMINISTRATORS IN ADMINISTRATION OF 

16 ELECTIONS FOR FEDERAL OFFICE. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) Congress has explicit and broad authority to 

20 regulate the time, place, and manner of Federal elec21 tions under the Elections Clause under article I, sec22 tion 4, clause 1 of the Constitution, including by es23 tablishing standards for the fair, impartial, and uni24 form administration of Federal elections by State 

25 and local officials. 


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1 (2) The Elections Clause was understood from 

2 the framing of the Constitution to contain ‘‘words of 

3 great latitude,’’ granting Congress broad power over 

4 Federal elections and a plenary right to preempt 

5 State regulation in this area. As made clear at the 

6 Constitutional Convention and the State ratification 

7 debates that followed, this grant of congressional au8 thority was meant to ‘‘insure free and fair elec9 tions,’’ promote the uniform administration of Fed10 eral elections, and ‘‘preserve and restore to the peo11 ple their equal and sacred rights of election.’’. 

12 (3) In the founding debates on the Elections 

13 Clause, many delegates also argued that a broad 

14 grant of authority to Congress over Federal elections 

15 was necessary to check any ‘‘abuses that might be 

16 made of the discretionary power’’ to regulate the 

17 time, place, and manner of elections granted the 

18 States, including attempts at partisan entrenchment, 

19 malapportionment, and the exclusion of political mi20 norities. As the Supreme Court has recognized, the 

21 Elections Clause empowers Congress to ‘‘protect the 

22 elections on which its existence depends,’’ Ex parte 

23 Yarbrough, 110 U.S. 651, 658 (1884), and ‘‘protect 

24 the citizen in the exercise of rights conferred by the 

25 Constitution of the United States essential to the 


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1 healthy organization of the government itself,’’ id. at 

2 666. 

3 (4) The Elections Clause grants Congress ‘‘ple4 nary and paramount jurisdiction over the whole sub5 ject’’ of Federal elections, Ex parte Siebold, 100 

6 U.S. 371, 388 (1879), allowing Congress to imple7 ment ‘‘a complete code for congressional elections.’’ 

8 Smiley v. Holm, 285 U.S. 355, 366 (1932). The 

9 Elections Clause, unlike, for example, the Commerce 

10 Clause, has been found to grant Congress the au11 thority to compel States to alter their regulations as 

12 to Federal elections, id. at id. at 366–67, even if 

13 these alterations would impose additional costs on 

14 the States to execute or enforce. Association of Com15 munity Organizations for Reform Now v. Miller, 129 

16 F.3d 833 (6th Cir. 1997). 

17 (5) The phrase ‘‘manner of holding elections’’ 

18 in the Elections Clause has been interpreted by the 

19 Supreme Court to authorize Congress to regulate all 

20 aspects of the Federal election process, including 

21 ‘‘notices, registration, supervision of voting, protec22 tion of voters, prevention of fraud and corrupt prac23 tices, counting of votes, duties of inspectors and can24 vassers, and the making and publication of election 


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1 returns.’’ Smiley v. Holm, 285 U.S. 355, 366 

2 (1932). 

3 (6) The Supreme Court has recognized the 

4 broad ‘‘substantive scope’’ of the Elections Clause 

5 and upheld Federal laws promulgated thereunder 

6 regulating redistricting, voter registration, campaign 

7 finance, primary elections, recounts, party affiliation 

8 rules, and balloting. 

9 (7) The authority of Congress under the Elec10 tions Clause also entails the power to ensure en11 forcement of its laws regulating Federal elections. 

12 ‘‘[I]f Congress has the power to make regulations, it 

13 must have the power to enforce them.’’ Ex parte 

14 Siebold, 100 U.S. 371, 387 (1879). The Supreme 

15 Court has noted that there can be no question that 

16 Congress may impose additional penalties for of17 fenses committed by State officers in connection 

18 with Federal elections even if they differ from the 

19 penalties prescribed by State law for the same acts. 

20 Id. at 387–88. 

21 (8) The fair and impartial administration of 

22 Federal elections by State and local officials is cen23 tral to ‘‘the successful working of this government,’’ 

24 Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and 


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1 to ‘‘protect the act of voting . . . and the election 

2 itself from corruption or fraud,’’ id. at 661–62. 

3 (9) The Elections Clause thus grants Congress 

4 the authority to ensure that the administration of 

5 Federal elections is free of political bias or discrimi6 nation and that election officials are insulated from 

7 political influence or other forms of coercion in dis8 charging their duties in connection with Federal 

9 elections. 

10 (10) In some States, oversight of local election 

11 administrators has been allocated to State Election 

12 Boards, or special commissions formed by those 

13 boards, that are appointed by the prevailing political 

14 party in a State, as opposed to nonpartisan or elect15 ed office holders. 

16 (11) In certain newly enacted State policies, 

17 these appointed statewide election administrators 

18 have been granted wide latitude to suspend or re19 move local election administrators in cases where the 

20 statewide election administrators identify whatever 

21 the State deems to be a violation. There is no re22 quirement that there be a finding of intent by the 

23 local election administrator to commit the violation. 

24 (12) Local election administrators across the 

25 country can be suspended or removed according to 


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1 different standards, potentially exposing them to dif2 ferent political pressures or biases that could result 

3 in uneven administration of Federal elections. 

4 (13) The Elections Clause grants Congress the 

5 ultimate authority to ensure that oversight of State 

6 and local election administrators is fair and impar7 tial in order to ensure equitable and uniform admin8 istration of Federal elections. 

9 (b) RESTRICTION.— 

10 (1) STANDARD FOR REMOVAL OF A LOCAL

11 ELECTION ADMINISTRATOR.—A statewide election 

12 administrator may only suspend, remove, or relieve 

13 the duties of a local election administrator in the 

14 State with respect to the administration of an elec15 tion for Federal office for inefficiency, neglect of 

16 duty, or malfeasance in office. 

17 (2) PRIVATE RIGHT OF ACTION.— 

18 (A) IN GENERAL.—Any local election ad19 ministrator suspended, removed, or otherwise 

20 relieved of duties in violation of paragraph (1) 

21 with respect to the administration of an election 

22 for Federal office or against whom any pro23 ceeding for suspension, removal, or relief from 

24 duty in violation of paragraph (1) with respect 

25 to the administration of an election for Federal 


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1 office may be pending, may bring an action in 

2 an appropriate district court of the United 

3 States for declaratory or injunctive relief with 

4 respect to the violation. Any such action shall 

5 name as the defendant the statewide election 

6 administrator responsible for the adverse ac7 tion. The district court shall, to the extent prac8 ticable, expedite any such proceeding. 

9 (B) STATUTE OF LIMITATIONS.—Any ac10 tion brought under this subsection must be 

11 commenced not later than one year after the 

12 date of the suspension, removal, relief from du13 ties, or commencement of the proceeding to re14 move, suspend, or relieve the duties of a local 

15 election administrator with respect to the ad16 ministration of an election for Federal office. 

17 (3) ATTORNEY’S FEES.—In any action or pro18 ceeding under this subsection, the court may allow 

19 a prevailing plaintiff, other than the United States, 

20 reasonable attorney’s fees as part of the costs, and 

21 may include expert fees as part of the attorney’s fee. 

22 The term ‘‘prevailing plaintiff’’ means a plaintiff 

23 that substantially prevails pursuant to a judicial or 

24 administrative judgment or order, or an enforceable 

25 written agreement. 


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1 (4) REMOVAL OF STATE PROCEEDINGS TO FED2 ERAL COURT.—A local election administrator who is 

3 subject to an administrative or judicial proceeding 

4 for suspension, removal, or relief from duty by a 

5 statewide election administrator with respect to the 

6 administration of an election for Federal office may 

7 remove the proceeding to an appropriate district 

8 court of the United States. Any order remanding a 

9 case to the State court or agency from which it was 

10 removed under this subsection shall be reviewable by 

11 appeal or otherwise. 

12 (5) RIGHT OF UNITED STATES TO INTER13 VENE.— 

14 (A) NOTICE TO ATTORNEY GENERAL.— 

15 Whenever any administrative or judicial pro16 ceeding is brought to suspend, remove, or re17 lieve the duties of any local election adminis18 trator by a statewide election administrator 

19 with respect to the administration of an election 

20 for Federal office, the statewide election admin21 istrator who initiated such proceeding shall de22 liver a copy of the pleadings instituting the pro23 ceeding to the Assistant Attorney General for 

24 the Civil Rights Division of the Department of 

25 Justice. The local election administrator against 


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1 whom such proceeding is brought may also de2 liver such pleadings to the Assistant Attorney 

3 General. 

4 (B) RIGHT TO INTERVENE.—The United 

5 States may intervene in any administrative or 

6 judicial proceeding brought to suspend, remove, 

7 or relieve the duties of any local election admin8 istrator by a statewide election administrator 

9 with respect to the administration of an election 

10 for Federal office and in any action initiated 

11 pursuant to paragraph (2) or in any removal 

12 pursuant to paragraph (4). 

13 (6) DEFINITIONS.—In this section, the fol14 lowing definitions apply: 

15 (A) ELECTION.—The term ‘‘election’’ has 

16 the meaning given the term in section 301(1) of 

17 the Federal Election Campaign Act of 1971 (52 

18 U.S.C. 30101(1)). 

19 (B) FEDERAL OFFICE.—The term ‘‘Fed20 eral office’’ has the meaning given the term in 

21 section 301(3) of the Federal Election Cam22 paign Act of 1971 (52 U.S.C. 30101(3)). 

23 (C) LOCAL ELECTION ADMINISTRATOR.— 

24 The term ‘‘local election administrator’’ means, 

25 with respect to a local jurisdiction in a State, 


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1 the individual or entity responsible for the ad2 ministration of elections for Federal office in 

3 the local jurisdiction. 

4 (D) STATEWIDE ELECTION ADMINIS5 TRATOR.—The term ‘‘Statewide election admin6 istrator’’ means, with respect to a State, the in7 dividual or entity responsible for the adminis8 tration of elections for Federal office in the 

9 State on a statewide basis. 

10 SEC. 5. PROTECTIONS FOR VOTERS ON ELECTION DAY. 

11 (a) REQUIREMENT.—Subtitle A of title III of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) 

13 is amended by inserting after section 303 the following 

14 new section: 

15 ‘‘SEC. 303A. VOTER PROTECTION REQUIREMENTS. 

16 ‘‘(a) REQUIREMENTS FOR CHALLENGES BY PERSONS

17 OTHER THAN ELECTION OFFICIALS.— 

18 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

19 person, other than a State or local election official, 

20 shall submit a formal challenge to an individual’s eli21 gibility to register to vote in an election for Federal 

22 office or to vote in an election for Federal office un23 less that challenge is supported by personal knowl24 edge with respect to each individual challenged re25 garding the grounds for ineligibility which is— 


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1 ‘‘(A) documented in writing; and 

2 ‘‘(B) subject to an oath or attestation 

3 under penalty of perjury that the challenger has 

4 a good faith factual basis to believe that the in5 dividual who is the subject of the challenge is 

6 ineligible to register to vote or vote in that elec7 tion, except a challenge which is based on the 

8 age, race, ethnicity, or national origin of the in9 dividual who is the subject of the challenge may 

10 not be considered to have a good faith factual 

11 basis for purposes of this subparagraph. 

12 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

13 NEAR DATE OF ELECTION.—No person, other than 

14 a State or local election official, shall be permitted— 

15 ‘‘(A) to challenge an individual’s eligibility 

16 to vote in an election for Federal office on any 

17 day on which the individual votes in person on 

18 grounds that could have been made in advance 

19 of such day, or 

20 ‘‘(B) to challenge an individual’s eligibility 

21 to register to vote in an election for Federal of22 fice or to vote in an election for Federal office 

23 less than 10 days before the election unless the 

24 individual registered to vote less than 20 days 

25 before the election. 


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1 ‘‘(b) BUFFER RULE.—A person who is serving as a 

2 poll observer with respect to an election for Federal office 

3 may not come within 8 feet of a voter or ballot at a polling 

4 location during any period of voting (including any period 

5 of early voting) in such election. 

6 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

7 with respect to elections for Federal office occurring on 

8 and after January 1, 2022.’’. 

9 (b) CONFORMING AMENDMENT RELATING TO VOL10 UNTARY GUIDANCE.—Section 311(b) of such Act (52 

11 U.S.C. 21101(b)) is amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (2); 

14 (2) by striking the period at the end of para15 graph (3) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) in the case of the recommendations with 

19 respect to section 303A, June 30, 2022.’’. 

20 (c) CONFORMING AMENDMENT RELATING TO EN21 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

22 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 

23 303A’’. 


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1 (d) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by inserting after the item relating 

3 to section 303 the following: 

‘‘Sec. 303A. Voter protection requirements.’’. 

Æ 


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