Short title

This Act may be cited as the

Voting Systems Protection Act

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:

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.

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:

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.

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.

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.

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.

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.

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.

Effective date

This Act shall take effect on the date that is 90 days after the date of enactment of this Act.