Election interference and law enforcement at polls

(a) Sense of Congress It is the sense of Congress that the presence of Federal law enforcement officers and officers and members of the Armed Forces of the United States at polling places, absent a legitimate emergency or court order, undermines the intent and purposes of chapter 29 of title 18, United States Code, and the Voting Rights Act of 1965 (50 U.S.C. 10301 et seq.). (b) Definitions (1) In general Chapter 29 of title 18, United States Code, is amended by inserting before section 592 the following: 591. Definitions In this chapter: (1) Armed The term armed, with respect to an individual, means carrying a firearm or other weapon. (2) Federal law enforcement officer The term Federal law enforcement officer has the meaning given that term in section 115. (3) Polling place The term polling place means any location designated for in-person voting, early voting, ballot drop-off, or ballot counting.. (2) Technical and conforming amendment The table of sections for chapter 29 of title 18, United States Code, is amended by inserting before the item relating to section 592 the following: 591. Definitions.. (c) Presence at polls (1) In general Section 592 of title 18, United States Code, is amended— (A) in the section heading, by inserting and law enforcement officers after Troops; (B) in the first undesignated paragraph— (i) by striking troops or armed men and inserting armed individual, armed or unarmed officer or member of the Armed Forces of the United States (including a member of the National Guard or a Reserve component), or armed or unarmed Federal law enforcement officer (including an officer of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Federal Bureau of Investigation); (ii) by inserting including a polling place, after election is held,; and (iii) by inserting or, in the case of a law enforcement officer, such law enforcement officer is present pursuant to a written authorization issued by the Attorney General for unarmed, non-uniformed personnel of the Department of Justice under voting rights laws after enemies of the United States; (C) in the second undesignated paragraph, by inserting or law enforcement officer after armed forces of the United States; and (D) by adding at the end the following: This section shall not apply to the presence of a law enforcement officer at place where a general or special election is held, including a polling place, that is otherwise required by law.. (2) Conforming amendment The table of sections for chapter 29 of title 18, United States Code, is amended by striking the item relating to section 592 and inserting the following: 592. Troops and law enforcement officers at polls.. (d) Interference at polls (1) In general Section 593 of title 18, United States Code, is amended— (A) in the section heading, by inserting and law enforcement officers after forces; (B) in the first undesignated paragraph, by inserting or a Federal law enforcement officer after Armed Forces of the United States; and (C) in the last undesignated paragraph, by inserting or a law enforcement agency after Armed Forces. (2) Conforming amendment The table of sections for chapter 29 of title 18, United States Code, is amended by striking the item relating to section 593 and inserting the following: 593. Interference by armed forces and law enforcement officers.. (e) Intimidation of voters Section 594 of title 18, United States Code, is amended by adding at the end the following: For purposes of this section, the presence of a Federal law enforcement officer or officer or member of the Armed Forces of the United States at any place where a general or special election is held, including a polling place, shall constitute intimidation unless the officer is responding to an imminent threat to life or safety. This section shall not prohibit any Federal law enforcement officer or officer or member of the Armed Forces of the United States from exercising the right of suffrage in any district to which such officer or member may belong, if otherwise qualified according to the laws of the State of such district.. (f) Interference by administrative employees of Federal, State, or Territorial Governments Section 595 of title 18, United States Code, is amended by inserting before the first undesignated paragraph the following: In this section, the term interference includes— (1) using official authority to affect or obstruct the actions of voters, poll workers, or election officials at a polling place; and (2) directing or coercing the interruption or delay of any voting-related activity, including ballot receipt, counting, or certification.. (g) Prohibition on seizure of ballots (1) In general Chapter 29 of title 18, United States Code, is amended by inserting after section 595 the following: 595A. Prohibition on seizure of ballots (a) In general It shall be unlawful for any Federal law enforcement officer or officer or member of the Armed Forces of the United States to seize ballots, including ballots stored digitally in computer records, in any general or special election for Federal or State office before the day after the date on which the results of the election are certified. (b) Penalties Any person who violates subsection (a) shall be— (1) fined under this title, imprisoned for not more than 5 years, or both; and (2) disqualified from holding any office of honor, profit, or trust under the United States. (c) Exceptions This section shall not apply to the execution of a search warrant issued by a Federal district court judge based on probable cause, or to actions taken pursuant to a court-ordered recount or audit.. (2) Conforming amendment The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 595 the following: 595A. Prohibition on seizure of ballots.. (h) Private right of action (1) In general Chapter 29 of title 18, United States Code, is amended by inserting after section 595A, as added by subsection (g) of this section, the following: 595B. Private right of action (a) In general Any person aggrieved by a violation of section 592, 593, 594, 595, or 595A may bring a civil action against any person, including any officer or employee of the United States, who engaged in the violation in an appropriate district court of the United States. (b) Relief In an action under subsection (a), the court may award declaratory and injunctive relief, compensatory damages, and reasonable attorney's fees. The United States waives sovereign immunity for actions brought under this section.. (2) Conforming amendment The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 595A, as added by subsection (g) of this section, the following: 595B. Private right of action.. (i) Rule of construction Nothing in this section may be construed to limit the prohibition on the presence of officers of U.S. Immigration and Customs Enforcement and all other Federal law enforcement agencies at polling places under chapter 29 of title 18, United States Code, and the Voting Rights Act of 1965 (50 U.S.C. 10301 et seq.), as in effect on the day before the date of enactment of this Act.