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119-s-5491119th Congress

Freedom from Intimidation in Elections Act

Sponsored By: Senator Padilla, Alex [D-CA]

Introduced

Summary

This bill creates a new federal prohibition on intimidation of voters, election workers, and election officials. It also creates strong legal presumptions when a visible, imitation, or antique firearm is displayed in election-related settings and lets courts impose temporary limits on carrying firearms in enforcement cases.

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  • Voters and poll workers: The bill presumes someone has intimidated a voter if they display or carry a visible, imitation, or antique firearm while interacting with or observing a person voting or trying to vote. That presumption makes it easier for private lawsuits to challenge intimidating behavior at polling places.
  • Election officials and election workers: The law expands protections for people who count, tabulate, canvass, or certify federal elections and for staff of the Election Assistance Commission. Carrying or displaying a firearm while performing those duties triggers a rebuttable presumption of intimidation.
  • Courts and law enforcement: Courts may grant relief in enforcement cases, including temporary limits on carrying firearms by defendants. State and local officers acting within official duties are generally excepted from the presumption, but National Guard members are not exempt regardless of duty status.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

New protections for election workers

If enacted, this would make it illegal to intimidate, threaten, coerce, or try to intimidate anyone who administers federal elections. It would cover counting, tabulating, canvassing, and certifying federal election results. It would also protect people because of their current or past role in running federal elections and cover certain duties of the Election Assistance Commission under HAVA section 202.

Visible guns at polls treated as intimidation

If enacted, this would create a rebuttable presumption that someone intimidated voters or election workers if they display a visible firearm, imitation firearm, or antique firearm while near voters or while people are doing election duties. The person would have to prove otherwise by a preponderance of the evidence in civil suits under the Voting Rights Act. Courts could order relief such as temporary limits on a defendant's carrying of firearms. On-duty state and local law officers acting in their duties would not be subject to the presumption, but National Guard members would not be exempt. The bill would also define "imitation firearm" to include realistic replicas, some air or spring guns, and starter guns when they look substantially like real guns.

Sponsors & CoSponsors

Sponsor

Padilla, Alex [D-CA]

CA • D

Cosponsors

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 9/29/2026

  • Sen. Murphy, Christopher [D-CT]

    CT • D

    Sponsored 9/23/2026

  • Sen. Whitehouse, Sheldon [D-RI]

    RI • D

    Sponsored 9/23/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 9/23/2026

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 9/23/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 9/23/2026

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 9/23/2026

  • Sen. Cantwell, Maria [D-WA]

    WA • D

    Sponsored 9/23/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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