[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6872 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6872
To protect election workers and polling places.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2022
Mr. Levin of Michigan (for himself, Mr. Bishop of Georgia, Ms.
Bourdeaux, Mr. Carson, Mr. Cleaver, Mrs. Watson Coleman, Mr. Cooper,
Mr. Doggett, Mr. Grijalva, Mr. Johnson of Georgia, Mr. Jones, Mr.
Kildee, Mrs. Lawrence, Mrs. McBath, Mr. McGovern, Ms. Norton, Ms.
Porter, Ms. Ross, Mr. Sarbanes, Mr. David Scott of Georgia, Ms.
Slotkin, Mr. Vargas, and Mr. Moulton) introduced the following bill;
which was 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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