Definitions

In this Act: (1) Voting machine; voting system The terms voting machine and voting system mean any device, apparatus, software, firmware, or combination thereof used or intended for use in the casting, recording, tabulating, transmitting, or reporting of votes in a Federal election, including direct-recording electronic devices, optical scan systems, ballot marking devices, electronic poll books, vote tabulation systems, and any component, peripheral, or module integral to the operation of such devices or systems. (2) Election equipment and records The term election equipment and records means— (A) any voting machine or voting system as defined in paragraph (1); (B) any voter registration roll, voter file, or poll book, whether in electronic or paper form; (C) any ballot, whether cast, uncast, spoiled, provisional, or absentee; (D) any tally sheet, canvass record, certification document, chain-of-custody log, or audit trail associated with a Federal election; and (E) any software, database, server, storage media, or network infrastructure used exclusively or primarily in connection with the administration of a Federal election. (3) Imminent harm The term imminent harm means a specific, credible, and documented threat that— (A) is likely to occur imminently if the relevant election equipment and records are not seized; (B) would result in material harm to the integrity of a Federal election, public safety, or national security; and (C) cannot be adequately addressed through less intrusive measures than physical seizure of the relevant materials. (4) Restricted period The term restricted period means the period beginning on the date that is 120 days before any regularly scheduled Federal election and ending on the date that is 120 days after such election. Where multiple Federal elections occur in close proximity, restricted periods shall be calculated independently for each election and shall not be merged unless they overlap. (5) State official; chief election official (A) The term State official means the Secretary of State of a State, or, in States without a Secretary of State, the officer designated by State law as the chief administrator of State elections, or any officer or employee expressly designated in writing by such officer to act under this Act. (B) The term chief election official means, with respect to a State, the State official as defined in subparagraph (A), and, with respect to a political subdivision, the highest-ranking election administrator of that subdivision responsible for the administration of Federal elections. (6) Seizure; takes custody of The terms seizure and takes custody of mean, in the case of any election equipment and records, any action by a Federal agency, department, instrumentality, officer, or agent, whether pursuant to legal process or otherwise, by which the Federal Government obtains physical or constructive possession, control, or access to such election equipment and records, including— (A) physical removal of such materials from State or local custody; (B) issuance of a hold, preservation order, or other directive that restricts a State or local official’s authority to access, use, or dispose of such materials; (C) execution of a search warrant, subpoena, or civil investigative demand that results in the removal or imaging of such materials; or (D) any other exercise of Federal authority that effectively deprives a State or local official of full control over such materials, whether temporarily or permanently.