Us Congress 2023-2024 Regular Session

Us Congress House Bill HB9968 Compare Versions

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11 I
22 118THCONGRESS
33 2
44 DSESSION H. R. 9968
55 To protect election workers and polling places.
66 IN THE HOUSE OF REPRESENTATIVES
77 OCTOBER11, 2024
88 Mr. G
99 OTTHEIMER(for himself and Mr. BACON) introduced the following bill;
1010 which was referred to the Committee on the Judiciary
1111 A BILL
1212 To protect election workers and polling places.
1313 Be it enacted by the Senate and House of Representa-1
1414 tives of the United States of America in Congress assembled, 2
1515 SECTION 1. SHORT TITLE. 3
1616 This Act may be cited as the ‘‘Election Worker and 4
1717 Polling Place Protection Act’’. 5
1818 SEC. 2. PROHIBITION ON INTERFERENCE AND INTIMIDA-6
1919 TION. 7
2020 Section 11 of the Voting Rights Act of 1965 (52 8
2121 U.S.C. 10307) is amended by adding at the end the fol-9
2222 lowing: 10
2323 ‘‘(f)(1)(A) Whoever, whether or not acting under 11
2424 color of law, by force or threat of force, or by violence 12
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2828 or threat of violence to any person or property, willfully 1
2929 interferes with or attempts to interfere with, the ability 2
3030 of any person or any class of persons to vote or qualify 3
3131 to vote, or to qualify or act as a poll watcher or as any 4
3232 legally authorized election official, in any primary, special, 5
3333 or general election, or any person who is, or is employed 6
3434 by, an agent, contractor, or vendor of a legally authorized 7
3535 election official assisting in the administration of any pri-8
3636 mary, special, or general election to assist in that adminis-9
3737 tration, shall be fined not more than $2,500, or impris-10
3838 oned not more than 6 months, or both. 11
3939 ‘‘(B) Whoever, whether or not acting under color of 12
4040 law, by force or threat of force, or by violence or threat 13
4141 of violence to any person or property, willfully intimidates 14
4242 or attempts to intimidate, any person or any class of per-15
4343 sons seeking to vote or qualify to vote, or to qualify or 16
4444 act as a poll watcher or as any legally authorized election 17
4545 official, in any primary, special, or general election, or any 18
4646 person who is, or is employed by, an agent, contractor, 19
4747 or vendor of a legally authorized election official assisting 20
4848 in the administration of any primary, special, or general 21
4949 election, shall be fined not more than $2,500, or impris-22
5050 oned not more than 6 months, or both. 23
5151 ‘‘(C) If bodily injury results from an act committed 24
5252 in violation of this paragraph or if such act includes the 25
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5555 •HR 9968 IH
5656 use, attempted use, or threatened use of a dangerous 1
5757 weapon, an explosive, or fire, then, in lieu of the remedy 2
5858 described in subparagraph (A) or (B), the violator shall 3
5959 be fined not more than $5,000 or imprisoned not more 4
6060 than 1 year, or both. 5
6161 ‘‘(2)(A) Whoever, whether or not acting under color 6
6262 of law, willfully physically damages or threatens to phys-7
6363 ically damage any physical property being used as a poll-8
6464 ing place or tabulation center or other election infrastruc-9
6565 ture, with the intent to interfere with the administration 10
6666 of a primary, general, or special election or the tabulation 11
6767 or certification of votes for such an election, shall be fined 12
6868 not more than $2,500, or imprisoned not more than 6 13
6969 months, or both. 14
7070 ‘‘(B) If bodily injury results from an act committed 15
7171 in violation of this paragraph or if such act includes the 16
7272 use, attempted use, or threatened use of a dangerous 17
7373 weapon, an explosive, or fire, then, in lieu of the remedy 18
7474 described in subparagraph (A), the violator shall be fined 19
7575 not more than $5,000 or imprisoned not more than 1 year, 20
7676 or both. 21
7777 ‘‘(3) For purposes of this subsection, de minimus 22
7878 damage or a threat of de minimus damage to physical 23
7979 property shall not be considered a violation of this sub-24
8080 section. 25
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8484 ‘‘(4) For purposes of this subsection, the term ‘elec-1
8585 tion infrastructure’ means any office of a legally author-2
8686 ized election official, or a staffer, worker, or volunteer, as-3
8787 sisting such an election official or any physical, mechan-4
8888 ical, or electrical device, structure, or tangible item, used 5
8989 in the process of creating, distributing, voting, returning, 6
9090 counting, tabulating, auditing, storing, or other handling 7
9191 of voter registration or ballot information. 8
9292 ‘‘(g) No prosecution of any offense described in sub-9
9393 section (f) may be undertaken by the United States, ex-10
9494 cept under the certification in writing of the Attorney Gen-11
9595 eral, or a designee, that— 12
9696 ‘‘(1) the State does not have jurisdiction; 13
9797 ‘‘(2) the State has requested that the Federal 14
9898 Government assume jurisdiction; or 15
9999 ‘‘(3) a prosecution by the United States is in 16
100100 the public interest and necessary to secure substan-17
101101 tial justice.’’. 18
102102 Æ
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