[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3142 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3142

            To protect election workers and polling places.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2021

  Mr. Ossoff introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
            To protect election workers and polling places.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Election Worker and Polling Place 
Protection Act''.

SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION.

    Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is 
amended by adding at the end the following:
    ``(f)(1) Whoever, whether or not acting under color of law, by 
force or threat of force, or violence, or threat of harm to any person 
or property, willfully intimidates or interferes with, or attempts to 
intimidate or interfere with, the ability of any person or any class of 
persons to vote or qualify to vote, or to qualify or act as a poll 
watcher, or any legally authorized election official, in any primary, 
special, or general election, or any person who is, or is employed by, 
an agent, contractor, or vendor of a legally authorized election 
official assisting in the administration of any primary, special, or 
general election, shall be fined not more than $5,000, or imprisoned 
not more than one year, or both; and if bodily injury results from the 
acts committed in violation of this paragraph or if such acts include 
the use, attempted use, or threatened use of a dangerous weapon, 
explosives, or fire, shall be fined not more than $5,000 or imprisoned 
not more than 5 years, or both.
    ``(2) Whoever, whether or not acting under color of law, willfully 
physically damages or threatens to physically damage any physical 
property being used as a polling place or tabulation center or other 
election infrastructure, with the intent to interfere with the 
administration of an election or the tabulation or certification of 
votes, shall be fined not more than $5,000, or imprisoned not more than 
one year, or both; and if bodily injury results from the acts committed 
in violation of this paragraph or if such acts include the use, 
attempted use, or threatened use of a dangerous weapon, explosives, or 
fire, shall be fined not more than $5,000 or imprisoned not more than 5 
years, or both.
    ``(3) For purposes of this subsection, de minimus damage or threats 
of de minimus damage to physical property shall not be considered a 
violation of this subsection.
    ``(4) For purposes of this subsection, the term `election 
infrastructure' means any office of an election official, staff, 
worker, or volunteer or any physical, mechanical, or electrical device, 
structure, or tangible item used in the process of creating, 
distributing, voting, returning, counting, tabulating, auditing, 
storing, or other handling of voter registration or ballot information.
    ``(g) No prosecution of any offense described in this subsection 
may be undertaken by the United States, except under the certification 
in writing of the Attorney General, or a designee, that--
            ``(1) the State does not have jurisdiction;
            ``(2) the State has requested that the Federal Government 
        assume jurisdiction; or
            ``(3) a prosecution by the United States is in the public 
        interest and necessary to secure substantial justice.''.
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