Protect Our Polls Act

This Act may be cited as the “Protect Our Polls Act”.

It is the sense of Congress that—

(1) sending troops or armed men to the polls has been federally criminalized for more than 150 years through under the provisions codified in sections 592 and 593 of title 18, United States Code, punishable by up to 5 years in prison;

(2) such section 592 contains a limited exception to this prohibition under which troops or armed men may only be used to repel armed enemies of the United States; and

(3) such exception has never been exercised.

(a) In general.— Chapter 29 of title 18, United States Code, is amended by inserting after section 592 the following:

“592a. Congressional action.—

(a) Notification requirement.— Not less than 48 hours before troops or armed men, including Federal law enforcement officers, are intended to be sent to any place where a general or special election is held to repel armed enemies of the United States under section 592, or any other provision of law, the head of the agency in charge of the troops or armed men shall transmit to the Majority Leader of the Senate, the Speaker of the House of Representatives, and the committees of jurisdiction (as defined in section 6329b(a) of title 5) over the agencies to which the troops or armed men report, an unclassified report containing—

(1) the number of troops or armed men that are expected to be sent to places where those elections are being held, their unit or units, a description of their responsibilities, and the duration of the order;

(2) the specific intelligence that supports the claim that armed enemies of the United States are threatening the places where those elections are being held, with an unclassified summary and a classified annex;

(3) the geographical area to which the troops or armed men will be sent, with specificity on the location of the places at which they will be stationed;

(4) the legal authorization, if any, used to provide affirmative authority for the activation of armed forces;

(5) the training these troops or armed men are given to interact with civilian populations; and

(6) the detailed justification that State and local forces are unable to repel the armed enemies of the United States without Federal intervention.

(b) Congressional calendar.—

(1) In general.— If, when the report under subsection (a) is transmitted, the Congress has adjourned sine die or has adjourned for any period, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by not less than 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

(2) Briefing.— When Congress reconvenes, the Secretary of Defense, Director of National Intelligence, and Director of the Federal Bureau of Investigation shall immediately provide a classified briefing to the Senate and the House of Representatives on the armed enemies of the United States threat that necessitates the use of troops at places where elections are being held.

(c) Expedited congressional review.—

(1) In general.— Any use of troops or armed men at any place where a general or special election is held for the purpose of repelling armed enemies of the United States shall only be authorized if Congress, prior to any deployment, enacts a joint resolution originating in either House.

(2) Consideration.—

(A) Committee referral.— A joint resolution under paragraph (1) shall be referred to the committee of jurisdiction (as defined in section 6329b(a) of title 5) over the agencies to which the troops or armed men report, and such committee shall report one such joint resolution not later than 20 hours after transmission of the report under section (a), unless such House shall otherwise determine by yeas and nays.

(B) Pending business.— A joint resolution reported under subparagraph (A) shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on not later than 10 hours thereafter, unless such House shall otherwise determine by yeas and nays.

(C) Referral to other house committee.— A joint resolution passed by one House under subparagraph (B) shall be referred to the committee of the other House (as determined under subsection (a)) and shall be reported out not later 12 hours before troops or armed men are to be sent to polling places to repel armed enemies of the United States under section 592. The joint resolution so reported shall become the pending business of the House in question and shall be voted on not later than 6 hours after it has been reported, unless such House shall otherwise determine by yeas and nays.

(d) Severability.— If any provision of this section, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of this section to any other person or circumstance shall not be affected.”.

(b) Clerical amendment.— The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 592 the following:

(a) In general.— Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended—

(1) by striking “Every officer” and inserting the following:

“(a) In general.— Every officer”;

(2) in subsection (a), as so designated, in the second sentence, by striking “this section” and inserting “this subsection”; and

(3) by adding at the end the following:

“(b) Condition on availability of funds.— No funds may be appropriated or otherwise made available to the armed forces, as defined in section 101(a)(4) of title 10, United States Code, or any Executive agency, as defined in section 105 of title 5, United States Code, for the purpose of authorizing or ordering any troops or armed men under the authority or control of such entity to access any record or paper required under subsection (a) to be retained and preserved, regardless of the date on which the record or paper came into the possession of the officer of election or custodian required to retain and preserve the record or paper.

(c) Rule of construction.— Nothing in this section shall be construed to prevent any member of the armed forces, as defined in section 101(a)(4) of title 10, United States Code, or any individual under the authority or control of any Executive agency, as defined in section 105 of title 5, United States Code, from exercising the right of suffrage in any district to which that individual may belong, if otherwise qualified according to the laws of the State of such district.”.

(b) Technical and conforming amendments.— Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended—

(1) in section 302 (52 U.S.C. 20702), by striking “section 301” and insert “section 301(a)”; and

(2) in section 303 (52 U.S.C. 20703), by striking “section 301” and insert “section 301(a)”.

(c) Sunset.— This section and the amendments made by this section shall cease to have effect on January 20, 2029.