Restrictions on seizure of ballots
Title II — Election records
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(a) In general Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended by redesignating sections 305 and 306 as sections 306 and 307, respectively, and by inserting after section 304 the following new section: 305. Restrictions on seizure of ballots (a) Restriction (1) In general No record or paper to which section 301 applies, and no election equipment used in an election described in such section, may be seized by State or Federal law enforcement before the time at which any recount, audit, or legal challenge to the results of the election to which such record or paper relate, or in which such equipment is used, has been conclusively resolved. (2) Exception Paragraph (1) shall not apply if an appropriate judge in the United States district court in which the record, paper, or equipment is located determines, pursuant to an action brought in such court, that there is clear and convincing evidence that such record, paper, or equipment is at risk of being destroyed. In any case in which records, papers, or equipment are seized under this paragraph, such records, papers, or equipment may be removed but shall remain in the joint custody of the person authorized by the court to remove such records or papers and an election officer designated by the court. (b) Chain of custody In any case in which records, papers, or election equipment described in subsection (a) are seized, the person controlling such records, papers, or equipment shall— (1) maintain a record of the chain of custody of such records, papers, or equipment; and (2) allow the election official from whom the records, papers, or equipment were seized access to such records, papers, or equipment.. (b) No inference Nothing in this section or the amendments made by this section shall be construed to limit the application of any other provision of law which otherwise restricts the seizure of records or papers relating to an election for Federal office or of any equipment used in such an election.