Election Worker and Polling Place Protection Act
Bill: S.2928 | Sponsor: Sen. Ossoff, Jon (D-GA)
Policy area: Crime and Law Enforcement

Summary:
Election Worker and Polling Place Protection Act
This bill expands criminal civil rights offenses involving interference with federally protected activities.
Current law prohibits the use of force or threat of force to injure, intimidate, or interfere with an individual because of that individual's participation in certain enumerated federally protected activities (e.g., voting or jury duty).
This bill broadens the scope of prohibited conduct to include violence or threat of harm to any person or property to injure, intimidate, or interfere with an individual because of that individual's participation in a federally protected activity.
Additionally, with respect to voting activities, the bill extends protection to an individual who participates in an election as an agent, contractor, or vendor. Current law already protects an individual who participates as a candidate, voter, poll watcher, or election official.
Finally, the bill establishes new offenses involving physical damage to or threats to physically damage a polling place, tabulation center, or other election infrastructure.

To amend section 245 of title 18, United States Code, to expand 
 protections for election workers, polling places, and other election 
              infrastructure against threats and violence.

    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. FEDERALLY PROTECTED ACTIVITIES.

    Section 245 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``willfully'' and inserting ``, or violence, 
                or threat of harm to any person or property, 
                intentionally'';
                    (B) in paragraph (1)(A), by inserting ``, or any 
                agent, contractor, or vendor of a legally authorized 
                election official assisting in the administration of 
                any primary, special, or general election'' before the 
                semicolon at the end; and
                    (C) in the undesignated matter following paragraph 
                (5), by striking ``of this section'' each place it 
                appears and inserting ``of this subsection'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c)(1) Whoever, whether or not acting under color of law, 
intentionally physically damages or threatens to physically damage any 
physical property being used as a polling place or tabulation center or 
other election infrastructure shall be fined under this title, or 
imprisoned not more than 1 year, or both; and if bodily injury results 
from the acts committed in violation of this subsection or if such acts 
include the use, attempted use, or threatened use of a dangerous 
weapon, explosives, or fire shall be fined under this title, or 
imprisoned not more than 10 years, or both; and if death results from 
the acts committed in violation of this subsection or if such acts 
include kidnapping or an attempt to kidnap, aggravated sexual abuse or 
an attempt to commit aggravated sexual abuse, or an attempt to kill, 
shall be fined under this title or imprisoned for any term of years or 
for life, or both.
    ``(2) For purposes of this subsection, de minimus damage or threats 
of de minimus damage to physical property, such as graffiti, shall not 
be considered a violation of paragraph (1).
    ``(3) In this subsection, the term `election infrastructure' means 
any office of an election official, staff, worker, or volunteer 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.''.
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