[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9349 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9349
To amend title 52 and title 18, United States Code, to ensure the
integrity of voting systems.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Goldman of New York (for himself, Ms. Ansari, Mr. Krishnamoorthi,
Ms. Norton, Mr. Johnson of Georgia, Mr. Moulton, Mr. Deluzio, and Mr.
Gottheimer) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 52 and title 18, United States Code, to ensure the
integrity of voting systems.
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 ``Voting Systems Protection Act''.
SEC. 2. STATE OFFICIAL OVERSIGHT OF SEIZED ELECTION MATERIALS.
(a) In General.--Chapter 20 of title 52, United States Code, is
amended by adding after section 20701 the following new section:
``Sec. 20702. State official oversight of federally seized election
materials; warrant requirement
``(a) Requirement of State Oversight.--In any case in which the
Federal Government, including any Federal agency, department, bureau,
or instrumentality thereof, seizes, takes custody of, or otherwise
removes--
``(1) any voting machine, voting system, or component
thereof;
``(2) any voter registration roll or voter file;
``(3) any ballot, whether cast, uncast, spoiled, or
provisional;
``(4) any election equipment, software, hardware, or
related technology; or
``(5) any election record, log, tally, or related
documentation,
the Federal Government shall permit a designated State official to be
present during and maintain continuous oversight of the handling,
transport, storage, examination, and chain of custody of all such
seized materials for the duration of Federal custody.
``(b) Designation of State Official.--The Secretary of State of the
affected State, or an official designated in writing by the Secretary
of State, shall serve as the State oversight official under subsection
(a). In States without a Secretary of State, the chief State election
official shall designate an appropriate official. The designated
official--
``(1) shall have the right to observe all handling and
processing of seized materials;
``(2) shall be provided access to all locations where
seized materials are stored or examined;
``(3) may document, photograph, or otherwise record the
condition and handling of seized materials, subject to any
applicable court order; and
``(4) shall countersign all chain-of-custody documentation
related to the seized materials.
``(c) Warrant Requirement.--A Federal agency or entity may not
conduct a seizure described under subsection (a) except pursuant to a
warrant duly issued by a court.
``(d) Federal Facilitation.--The Federal agency or entity
conducting the seizure shall--
``(1) provide reasonable accommodations to enable State
official oversight under this section;
``(2) bear any reasonable costs associated with State
official travel and access; and
``(3) not impede, obstruct, or delay the State official
from exercising oversight functions under this section.''
SEC. 3. CRIMINAL PENALTIES FOR TAMPERING WITH OR DESTRUCTION OF
ELECTION MATERIALS BY FEDERAL OFFICIALS.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding after section 594 the following new section:
``Sec. 594A. Tampering with or destruction of seized election materials
by federal officials
``(a) Offense.--It shall be unlawful for any Federal officer,
employee, agent, or contractor, or any person acting under color of
Federal law, to--
``(1) tamper with, alter, damage, or destroy any voting
machine, voting system, voter roll, ballot, election equipment,
election software, or election record that has been seized or
taken into Federal custody;
``(2) intentionally mishandle or fail to maintain the chain
of custody of any such materials;
``(3) falsify or alter any record, log, or documentation
related to seized election materials; or
``(4) obstruct or interfere with State official oversight
as required under section 20702 of title 52.
``(b) Penalties.--Any person who violates subsection (a)--
``(1) shall be fined under this title, imprisoned for not
more than 10 years, or both, if the violation was committed
knowingly and willfully;
``(2) shall be fined not more than $250,000 if the
violation was committed negligently or recklessly; and
``(3) shall be permanently disqualified from holding any
Federal office or position of Federal employment.
``(c) Statute of Limitations.--Notwithstanding any other provision
of law, a prosecution for a violation of this section may be commenced
at any time within 9 years after the commission of the offense.
``(d) Civil Cause of Action.--Any State that suffers harm as a
result of a violation of this section may bring a civil action in any
United States district court for damages, including costs and
reasonable attorney's fees, and for any appropriate equitable relief.''
SEC. 4. NOTIFICATION REQUIREMENTS PRIOR TO FEDERAL SEIZURE OF ELECTION
MATERIALS.
(a) 48-Hour Advance Notification to State Officials.--Not fewer
than 48 hours before any Federal seizure of election materials
described in section 20702(a) of title 52, the Federal agency or entity
seeking to conduct the seizure shall provide written notification to
the Secretary of State, or equivalent chief election official, of the
affected State. Such notification shall include--
(1) the specific categories and description of the
materials to be seized;
(2) the legal authority and factual basis for the seizure;
(3) the anticipated duration of Federal custody;
(4) the Federal agency or entity conducting the seizure and
the designated Federal contact official;
(5) the planned location or locations of storage and
examination; and
(6) any court order or judicial authorization authorizing
the seizure, if applicable.
(b) Simultaneous Notification to Congressional Committees.--At the
same time notification is provided to State officials under subsection
(a), the Federal agency or entity conducting the seizure shall notify--
(1) the Chair and Ranking Member of the Committee on House
Administration of the House of Representatives;
(2) the Chair and Ranking Member of the Committee on the
Judiciary of the House of Representatives;
(3) the Chair and Ranking Member of the Committee on Rules
and Administration of the Senate; and
(4) the Chair and Ranking Member of the Committee on the
Judiciary of the Senate.
(c) Form and Delivery.--All notifications required under this
section shall be--
(1) in writing;
(2) transmitted via electronic means and confirmed by
certified mail; and
(3) transmitted simultaneously to all required recipients.
(d) Emergency Exception.--In the event that exigent circumstances
prevent provision of advance notification under subsection (a), the
Federal agency or entity shall--
(1) provide notification to all required recipients as soon
as practicable, but in no case later than 6 hours after the
seizure is initiated; and
(2) include in such notification a detailed written
explanation of the emergency circumstances that necessitated
immediate action.
(e) Failure To Notify.--Any Federal official who willfully fails to
provide required notifications under this section shall be subject to
the penalties described in section 594A(b) of title 18, United States
Code.
SEC. 5. RESTRICTION ON FEDERAL SEIZURE OF ELECTION MATERIALS IN
PROXIMITY TO A FEDERAL ELECTION.
(a) Restricted Period Defined.--For purposes of this section, the
term ``restricted period'' means the period beginning 120 days before
any Federal election and ending 120 days after such election.
(b) General Prohibition.--During any restricted period, no Federal
agency, department, bureau, instrumentality, officer, or employee of
the United States may seize, take custody of, or otherwise remove any
election material described in section 20702(a) of title 52 from any
State, county, municipality, or election jurisdiction.
(c) Exception for Imminent Harm.--The prohibition under subsection
(b) shall not apply if--
(1) there is clear and convincing evidence of an imminent
threat of harm to the integrity of the Federal election, public
safety, or national security arising directly from the specific
election materials to be seized;
(2) a Federal district court judge has issued an order,
upon application supported by affidavit, specifically
authorizing the seizure during the restricted period upon a
finding of such imminent harm;
(3) the Federal agency seeking the seizure has made a good-
faith effort to provide the notifications required under
section 5 of this Act, notwithstanding any reduced timeframe
necessitated by the emergency; and
(4) the scope of the seizure is narrowly tailored to
address the specific imminent harm identified.
(d) Judicial Review.--Any State, or the Secretary of State of any
State, may seek expedited judicial review of any seizure, taking of
custody, or removal of election material in violation of subsection (b)
in a Federal district court of any seizure occurring during a
restricted period. The court shall have authority to--
(1) issue a temporary restraining order or preliminary
injunction halting or limiting a seizure pending full hearing;
(2) order the return of seized materials if the court finds
the seizure was not authorized under this section; and
(3) award attorney's fees and costs to a prevailing State
party.
(e) Civil Penalty.--Any Federal official who knowingly authorizes
or conducts a seizure in violation of this section shall be subject to
a civil penalty of not less than $50,000 and not more than $500,000 per
violation, in addition to any criminal penalties under applicable law.
SEC. 6. RULEMAKING AND IMPLEMENTATION.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of Homeland Security and the Election Assistance Commission,
shall promulgate regulations implementing this Act, including
establishing standardized forms and procedures for notifications
required under section 5.
(b) Training.--The Attorney General shall develop and implement
mandatory training for all Federal law enforcement personnel on the
requirements and procedures established by this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Voting machine; voting system.--The terms ``voting
machine'' and ``voting system'' mean any device, apparatus,
software, firmware, or combination thereof used or intended for
use in the casting, recording, tabulating, transmitting, or
reporting of votes in a Federal election, including direct-
recording electronic devices, optical scan systems, ballot
marking devices, electronic poll books, vote tabulation
systems, and any component, peripheral, or module integral to
the operation of such devices or systems.
(2) Election equipment and records.--The term ``election
equipment and records'' means--
(A) any voting machine or voting system as defined
in paragraph (1);
(B) any voter registration roll, voter file, or
poll book, whether in electronic or paper form;
(C) any ballot, whether cast, uncast, spoiled,
provisional, or absentee;
(D) any tally sheet, canvass record, certification
document, chain-of-custody log, or audit trail
associated with a Federal election; and
(E) any software, database, server, storage media,
or network infrastructure used exclusively or primarily
in connection with the administration of a Federal
election.
(3) Imminent harm.--The term ``imminent harm'' means a
specific, credible, and documented threat that--
(A) is likely to occur imminently if the relevant
election equipment and records are not seized;
(B) would result in material harm to the integrity
of a Federal election, public safety, or national
security; and
(C) cannot be adequately addressed through less
intrusive measures than physical seizure of the
relevant materials.
(4) Restricted period.--The term ``restricted period''
means the period beginning on the date that is 120 days before
any regularly scheduled Federal election and ending on the date
that is 120 days after such election. Where multiple Federal
elections occur in close proximity, restricted periods shall be
calculated independently for each election and shall not be
merged unless they overlap.
(5) State official; chief election official.--
(A) The term ``State official'' means the Secretary
of State of a State, or, in States without a Secretary
of State, the officer designated by State law as the
chief administrator of State elections, or any officer
or employee expressly designated in writing by such
officer to act under this Act.
(B) The term ``chief election official'' means,
with respect to a State, the State official as defined
in subparagraph (A), and, with respect to a political
subdivision, the highest-ranking election administrator
of that subdivision responsible for the administration
of Federal elections.
(6) Seizure; takes custody of.--The terms ``seizure'' and
``takes custody of'' mean, in the case of any election
equipment and records, any action by a Federal agency,
department, instrumentality, officer, or agent, whether
pursuant to legal process or otherwise, by which the Federal
Government obtains physical or constructive possession,
control, or access to such election equipment and records,
including--
(A) physical removal of such materials from State
or local custody;
(B) issuance of a hold, preservation order, or
other directive that restricts a State or local
official's authority to access, use, or dispose of such
materials;
(C) execution of a search warrant, subpoena, or
civil investigative demand that results in the removal
or imaging of such materials; or
(D) any other exercise of Federal authority that
effectively deprives a State or local official of full
control over such materials, whether temporarily or
permanently.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of its provisions to any
other person or circumstance shall not be affected thereby.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date that is 90 days after the
date of enactment of this Act.
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