State official oversight of seized election materials

(a) In General Chapter 20 of title 52, United States Code, is amended by adding after section 20701 the following new section: 20702. State official oversight of federally seized election materials; warrant requirement (a) Requirement of State Oversight In any case in which the Federal Government, including any Federal agency, department, bureau, or instrumentality thereof, seizes, takes custody of, or otherwise removes— (1) any voting machine, voting system, or component thereof; (2) any voter registration roll or voter file; (3) any ballot, whether cast, uncast, spoiled, or provisional; (4) any election equipment, software, hardware, or related technology; or (5) any election record, log, tally, or related documentation, the Federal Government shall permit a designated State official to be present during and maintain continuous oversight of the handling, transport, storage, examination, and chain of custody of all such seized materials for the duration of Federal custody. (b) Designation of State Official The Secretary of State of the affected State, or an official designated in writing by the Secretary of State, shall serve as the State oversight official under subsection (a). In States without a Secretary of State, the chief State election official shall designate an appropriate official. The designated official— (1) shall have the right to observe all handling and processing of seized materials; (2) shall be provided access to all locations where seized materials are stored or examined; (3) may document, photograph, or otherwise record the condition and handling of seized materials, subject to any applicable court order; and (4) shall countersign all chain-of-custody documentation related to the seized materials. (c) Warrant requirement A Federal agency or entity may not conduct a seizure described under subsection (a) except pursuant to a warrant duly issued by a court. (d) Federal Facilitation The Federal agency or entity conducting the seizure shall— (1) provide reasonable accommodations to enable State official oversight under this section; (2) bear any reasonable costs associated with State official travel and access; and (3) not impede, obstruct, or delay the State official from exercising oversight functions under this section.