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H.R. 9349IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 9349

Criminal penalties for tampering with or destruction of election materials by Federal officials

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(a) In General Chapter 29 of title 18, United States Code, is amended by adding after section 594 the following new section: 594A. Tampering with or destruction of seized election materials by federal officials (a) Offense It shall be unlawful for any Federal officer, employee, agent, or contractor, or any person acting under color of Federal law, to— (1) tamper with, alter, damage, or destroy any voting machine, voting system, voter roll, ballot, election equipment, election software, or election record that has been seized or taken into Federal custody; (2) intentionally mishandle or fail to maintain the chain of custody of any such materials; (3) falsify or alter any record, log, or documentation related to seized election materials; or (4) obstruct or interfere with State official oversight as required under section 20702 of title 52. (b) Penalties Any person who violates subsection (a)— (1) shall be fined under this title, imprisoned for not more than 10 years, or both, if the violation was committed knowingly and willfully; (2) shall be fined not more than $250,000 if the violation was committed negligently or recklessly; and (3) shall be permanently disqualified from holding any Federal office or position of Federal employment. (c) Statute of Limitations Notwithstanding any other provision of law, a prosecution for a violation of this section may be commenced at any time within 9 years after the commission of the offense. (d) Civil Cause of Action Any State that suffers harm as a result of a violation of this section may bring a civil action in any United States district court for damages, including costs and reasonable attorney’s fees, and for any appropriate equitable relief.

Sec. 3: Criminal penalties for tampering with or destruction of election materials by Federal officials · Public Law Tracker