[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5124 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5124
To prohibit interference in elections for Federal office, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2026
Mr. Padilla (for himself, Mr. Blumenthal, Mr. King, Ms. Klobuchar, Mr.
Hickenlooper, Ms. Hirono, Ms. Slotkin, and Ms. Baldwin) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To prohibit interference in elections for Federal office, and for other
purposes.
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 ``Stop Harassment and Intimidations in
Elections through Legal Defenses (SHIELD) Our Elections Act''.
TITLE I--ELECTION INTERFERENCE
SEC. 101. PRIVATE RIGHT OF ACTION FOR FEDERAL INTERFERENCE AT ELECTION
LOCATIONS.
(a) In General.--A person who is aggrieved by a violation of
section 592, 593, or 594 of title 18, United States Code, may bring a
civil action in the appropriate district court for declaratory or
injunctive relief to prevent or halt the violation.
(b) Attorneys' Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses and costs.
(c) No Inference.--Nothing in this section shall be construed to
deny any right otherwise provided under law for relief from any
violation of a provision described in subsection (a).
SEC. 102. EXTENSION OF STATUTE OF LIMITATIONS FOR CERTAIN ELECTION
INTERFERENCE CRIMES.
(a) Troops at Polls.--Section 592 of title 18, United States Code,
is amended by adding at the end the following:
``No person shall be prosecuted, tried, or punished for any offense
under this section unless the indictment is found or the information is
instituted not later than 9 years after the date on which the offense
was committed.''.
(b) Interference by Armed Forces.--Section 593 of title 18, United
States Code, is amended by adding at the end the following:
``No person shall be prosecuted, tried, or punished for any offense
under this section unless the indictment is found or the information is
instituted not later than 9 years after the date on which the offense
was committed.''.
(c) Intimidation of Voters.--Section 594 of title 18, United States
Code, is amended--
(1) by striking ``Whoever intimidates'' and inserting ``(a)
In General.--Whoever intimidates''; and
(2) by adding at the end the following:
``(b) Statute of Limitations.--No person shall be prosecuted,
tried, or punished for any offense under this section unless the
indictment is found or the information is instituted not later than 9
years after the date on which the offense was committed.''.
(d) Voting Rights Act of 1965.--Section 11 of the Voting Rights Act
of 1965 (52 U.S.C. 10307) is amended by adding at the end the
following:
``(f) No person shall be prosecuted, tried, or punished for any
offense under this section unless the indictment is found or the
information is instituted not later than 9 years after the date on
which the offense was committed.''.
(e) National Voter Registration Act of 1993.--Section 12 of the
National Voter Registration Act of 1993 (52 U.S.C. 20511) is amended--
(1) in the matter preceding paragraph (1), by striking ``A
person'' and inserting ``(a) In General.--A person''; and
(2) by adding at the end the following:
``(b) Statute of Limitations.--No person shall be prosecuted,
tried, or punished for any offense under this section unless the
indictment is found or the information is instituted not later than 9
years after the date on which the offense was committed.''.
TITLE II--ELECTION RECORDS
SEC. 201. RESTRICTIONS ON SEIZURE OF BALLOTS.
(a) In General.--Title III of the Civil Rights Act of 1960 (52
U.S.C. 20701 et seq.) is amended by redesignating sections 305 and 306
as sections 306 and 307, respectively, and by inserting after section
304 the following new section:
``SEC. 305. RESTRICTIONS ON SEIZURE OF BALLOTS.
``(a) Restriction.--
``(1) In general.--No record or paper to which section 301
applies, and no election equipment used in an election
described in such section, may be seized by State or Federal
law enforcement before the time at which any recount, audit, or
legal challenge to the results of the election to which such
record or paper relate, or in which such equipment is used, has
been conclusively resolved.
``(2) Exception.--Paragraph (1) shall not apply if an
appropriate judge in the United States district court in which
the record, paper, or equipment is located determines, pursuant
to an action brought in such court, that there is clear and
convincing evidence that such record, paper, or equipment is at
risk of being destroyed. In any case in which records, papers,
or equipment are seized under this paragraph, such records,
papers, or equipment may be removed but shall remain in the
joint custody of the person authorized by the court to remove
such records or papers and an election officer designated by
the court.
``(b) Chain of Custody.--In any case in which records, papers, or
election equipment described in subsection (a) are seized, the person
controlling such records, papers, or equipment shall--
``(1) maintain a record of the chain of custody of such
records, papers, or equipment; and
``(2) allow the election official from whom the records,
papers, or equipment were seized access to such records,
papers, or equipment.''.
(b) No Inference.--Nothing in this section or the amendments made
by this section shall be construed to limit the application of any
other provision of law which otherwise restricts the seizure of records
or papers relating to an election for Federal office or of any
equipment used in such an election.
TITLE III--BALLOT MATERIALS TRACKING PROGRAM
SEC. 301. GRANTS TO ESTABLISH STATE BALLOT MATERIALS TRACKING PROGRAM.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end
the following new part:
``PART 7--BALLOTING MATERIALS TRACKING PROGRAMS
``SEC. 297. GRANTS FOR QUALIFYING BALLOTING MATERIALS TRACKING
PROGRAMS.
``(a) Payments for Costs of Program.--The Commission is authorized
to make grants to States to cover costs incurred in establishing and
administering qualifying balloting materials tracking programs.
``(b) Qualifying Absentee Ballot Tracking Program.--
``(1) In general.--For purposes of this section, the term
`qualifying absentee ballot tracking program' means a program
established in a State--
``(A) under which the State or local election
official responsible for the receipt of voted mail-in
ballots and absentee ballots in an election for Federal
office--
``(i) tracks and confirms the receipt of
such ballots; and
``(ii) makes information on the receipt of
such ballots available to the individual who
cast the ballot; and
``(B) which meets the requirements of paragraphs
(2), (3), and (4).
``(2) Information requirements.--A program meets the
requirements of this paragraph if such program provides to a
voter the following information with respect to that voter:
``(A) The date on which any request by the voter
for an application for voter registration or an
absentee ballot was received.
``(B) The date on which any such requested
application was sent to the voter.
``(C) The date on which any such completed
application was received from the voter and the status
of such application.
``(D) The date on which any mail-in ballot or
absentee ballot was sent to the voter.
``(E) The date on which any mail-in ballot or
absentee ballot was out for delivery to the voter.
``(F) Whether such ballot was accepted and counted,
and in the case of any ballot not counted, the reason
why the ballot was not counted.
The information described in subparagraph (F) shall be
available not later than 1 day after a determination is made on
whether or not to accept and count the ballot.
``(3) Public availability requirements.--A program meets
the requirements of this paragraph if the information described
in subparagraphs (D) and (F) of paragraph (2) is made available
to political parties and voter registration organizations, at
cost to cover the expense of providing such information, for
use, in accordance with State guidelines and procedures, in
helping to return or cure mail-in ballots during any period in
which mail-in ballots may be returned.
``(4) Accessibility of information.--
``(A) In general.--Except as provided under
subparagraph (B), a program meets the requirements of
this paragraph if the information provided under the
program is available by means of online access using
the internet site of the State or local election
office.
``(B) Use of toll-free telephone number by
officials without internet site.--In the case of a
State or local election official whose office does not
have an internet site, the program meets the
requirements of this paragraph if the official
establishes a toll-free telephone number that may be
used by an individual who cast an absentee ballot to
obtain the information required under paragraph (2).
``(c) Authorization of Appropriations.--
``(1) Authorization.--There are authorized to be
appropriated $50,000,000 to the Commission for fiscal year 2027
for payments under this section.
``(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authorization under this section
shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``PART 7--Balloting Materials Tracking Programs
``Sec. 297. Grants for qualifying balloting materials tracking
programs.''.
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