S 5491 — 119th Congress

Freedom from Intimidation in Elections Act

Introduced Sep 23, 2026 Open for voting
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Regulatory or Legal Changes Top 2

Firearm Presumption of Intimidation Near Elections

Creates a legal presumption that anyone visibly carrying a firearm — real, antique, or imitation — near a voter, poll worker, or election official has committed intimidation, unless they can disprove it. State and local officers on duty are exempt; National Guard members are not.

  • Population Scope Medium Reaches any person who carries a visible firearm near election activity — a broad category of gun owners and armed personnel (including National Guard members) whose behavior near polling places or election offices is directly regulated.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
  • Legal / Regulatory Depth High Shifts the burden of proof in civil enforcement suits to defendants and grants courts authority to restrict individual Second Amendment exercise — a substantive restructuring of evidentiary and remedial rights, not merely a procedural adjustment.
  • Degree of Discretion Granted Medium Courts receive discretionary authority to impose temporary firearm-carry limits on defendants ('may grant appropriate relief'), while the presumption itself is mandatory and non-discretionary.
  • Implementation & Enforcement Burden High The burden-shifting presumption eases government proof in civil suits but generates recurring adjudication over rebuttal claims and court-supervised firearm restrictions, imposing significant ongoing judicial and enforcement load.
  • Temporal Commitment High Permanently adds a new Section 21 to the Voting Rights Act of 1965 with no sunset or reauthorization trigger, persisting indefinitely unless Congress affirmatively repeals it.
No signal yet

Regulatory or Legal Changes Top 2

Prohibition on Intimidation of Election Officials and Workers

Makes it illegal to intimidate, threaten, or coerce election officials and poll workers who administer federal elections — including vote counting, canvassing, and certification — or to target them because of their past service in elections.

  • Population Scope Low Directly protects election officials and poll workers — a specialized workforce numbering in the hundreds of thousands, well under 1% of the U.S. population.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth High Creates a new statutory criminal prohibition binding on all persons — a substantive mandate with binding legal effect nationwide that did not exist under prior federal law.
  • Degree of Discretion Granted Low The prohibition is absolute ('no person shall'), leaving no agency or prosecutorial discretion in how the underlying duty is defined.
  • Implementation & Enforcement Burden Medium Federal prosecutors must bring case-by-case criminal actions under a new charge, requiring fact-intensive assessments of intent and coercion without a structural presumption to ease proof.
  • Temporal Commitment High Permanently amends the Voting Rights Act of 1965 with no expiry, sunset, or reauthorization requirement, binding future Congresses indefinitely.
No signal yet

No possible riders have been surfaced for this bill.

Summary

This bill makes it a federal crime to intimidate, threaten, or coerce election officials and poll workers who run federal elections, including those who count votes, certify results, or work for the Election Assistance Commission (EAC). It also creates a legal presumption that anyone carrying a visible firearm near a voter, poll worker, or election official is engaging in intimidation, unless they can prove otherwise. State and local law enforcement officers on duty are exempt from that presumption, but National Guard members are not.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Sep 23, 2026
Sep 23, 2026 No votes yet — —

Regulatory or Legal Changes Top 2

Firearm Presumption of Intimidation Near Elections

Creates a legal presumption that anyone visibly carrying a firearm — real, antique, or imitation — near a voter, poll worker, or election official has committed intimidation, unless they can disprove it. State and local officers on duty are exempt; National Guard members are not.

  • Population Scope Medium Reaches any person who carries a visible firearm near election activity — a broad category of gun owners and armed personnel (including National Guard members) whose behavior near polling places or election offices is directly regulated.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
  • Legal / Regulatory Depth High Shifts the burden of proof in civil enforcement suits to defendants and grants courts authority to restrict individual Second Amendment exercise — a substantive restructuring of evidentiary and remedial rights, not merely a procedural adjustment.
  • Degree of Discretion Granted Medium Courts receive discretionary authority to impose temporary firearm-carry limits on defendants ('may grant appropriate relief'), while the presumption itself is mandatory and non-discretionary.
  • Implementation & Enforcement Burden High The burden-shifting presumption eases government proof in civil suits but generates recurring adjudication over rebuttal claims and court-supervised firearm restrictions, imposing significant ongoing judicial and enforcement load.
  • Temporal Commitment High Permanently adds a new Section 21 to the Voting Rights Act of 1965 with no sunset or reauthorization trigger, persisting indefinitely unless Congress affirmatively repeals it.
No signal yet

Regulatory or Legal Changes

Firearm Presumption of Intimidation Near Elections

Regulatory or Legal Changes Top 2

Prohibition on Intimidation of Election Officials and Workers

Makes it illegal to intimidate, threaten, or coerce election officials and poll workers who administer federal elections — including vote counting, canvassing, and certification — or to target them because of their past service in elections.

  • Population Scope Low Directly protects election officials and poll workers — a specialized workforce numbering in the hundreds of thousands, well under 1% of the U.S. population.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth High Creates a new statutory criminal prohibition binding on all persons — a substantive mandate with binding legal effect nationwide that did not exist under prior federal law.
  • Degree of Discretion Granted Low The prohibition is absolute ('no person shall'), leaving no agency or prosecutorial discretion in how the underlying duty is defined.
  • Implementation & Enforcement Burden Medium Federal prosecutors must bring case-by-case criminal actions under a new charge, requiring fact-intensive assessments of intent and coercion without a structural presumption to ease proof.
  • Temporal Commitment High Permanently amends the Voting Rights Act of 1965 with no expiry, sunset, or reauthorization requirement, binding future Congresses indefinitely.
No signal yet

Regulatory or Legal Changes

Prohibition on Intimidation of Election Officials and Workers