Restriction on Federal seizure of election materials in proximity to a Federal election

(a) Restricted Period Defined For purposes of this section, the term restricted period means the period beginning 120 days before any Federal election and ending 120 days after such election. (b) General Prohibition During any restricted period, no Federal agency, department, bureau, instrumentality, officer, or employee of the United States may seize, take custody of, or otherwise remove any election material described in section 20702(a) of title 52 from any State, county, municipality, or election jurisdiction. (c) Exception for Imminent Harm The prohibition under subsection (b) shall not apply if— (1) there is clear and convincing evidence of an imminent threat of harm to the integrity of the Federal election, public safety, or national security arising directly from the specific election materials to be seized; (2) a Federal district court judge has issued an order, upon application supported by affidavit, specifically authorizing the seizure during the restricted period upon a finding of such imminent harm; (3) the Federal agency seeking the seizure has made a good-faith effort to provide the notifications required under section 5 of this Act, notwithstanding any reduced timeframe necessitated by the emergency; and (4) the scope of the seizure is narrowly tailored to address the specific imminent harm identified. (d) Judicial Review Any State, or the Secretary of State of any State, may seek expedited judicial review of any seizure, taking of custody, or removal of election material in violation of subsection (b) in a Federal district court of any seizure occurring during a restricted period. The court shall have authority to— (1) issue a temporary restraining order or preliminary injunction halting or limiting a seizure pending full hearing; (2) order the return of seized materials if the court finds the seizure was not authorized under this section; and (3) award attorney’s fees and costs to a prevailing State party. (e) Civil Penalty Any Federal official who knowingly authorizes or conducts a seizure in violation of this section shall be subject to a civil penalty of not less than $50,000 and not more than $500,000 per violation, in addition to any criminal penalties under applicable law.