Freedom from Intimidation in Elections Act

This Act may be cited as the “Freedom from Intimidation in Elections Act”.

Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended—

(1) in subsection (b), by striking “section 3(a), 6, 8, 9, 10, or 12(e)” and inserting “section 3(a), 8, 10, or 12(e)”;

(2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

(3) by inserting after subsection (b) the following:

“(c) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for exercising any powers or duties to administer Federal elections, including vote counting, tabulation, canvassing, and election certification, and any of the duties of the Election Assistance Commission as set out in section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922), or because of the person’s status, or previous status, as a participant in the administration of Federal elections.”.

Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by adding at the end the following new section:

“21. Enforcement proceedings concerning intimidation involving firearms.—

(a) Presumption.—

(1) Voter intimidation.— In any suit to enforce section 11(b), a person shall be presumed to have violated such section, in the absence of an affirmative showing to the contrary by a preponderance of the evidence, if such person displays or carries a visible firearm, imitation firearm, or antique firearm while interacting with or observing another person—

(A) voting or attempting to vote;

(B) urging or aiding a person voting or attempting to vote; or

(C) exercising any powers or duties under section 3(a), 8, 10, or 12(e).

(2) Intimidation of election officials and election workers.— In any suit to enforce section 11(c), a person shall be presumed to have violated such section, in the absence of an affirmative showing to the contrary by a preponderance of the evidence, if such person displays or carries a visible firearm, imitation firearm, or antique firearm while interacting with or observing another person—

(A) exercising any powers or duties to administer elections; or

(B) due to the person’s status, or previous status, as a participant in the administration of elections.

(b) State and Local Law enforcement officer exception.—

(1) In General.— Any State or local law enforcement officer acting within the scope of the officer’s official duties is not subject to the presumption in subsection (a), but a court may nonetheless consider a law enforcement officer’s possession of a firearm in determining whether the officer violated subsection (b) or (c) of section 11.

(2) Applicability to members of the National Guard.— Nothing in this subsection may be construed as exempting a member of the National Guard from the presumption in subsection (a), regardless of such member's duty status, including service while under the command and control of the governor of a State.

(c) Relief.— In a suit to enforce subsection (b) or (c) of section 11, a court may grant appropriate relief, including placing reasonable temporary limits on the carrying of firearms by defendants.

(d) Definitions.— In this section:

(1) The term antique firearm has the meaning given such term in section 921(a) of title 18, United States Code.

(2) The term firearm has the meaning given such term in section 921(a)(3)(A) of title 18, United States Code.

(3) The term imitation firearm—

(A) means an article, object or device, replica, reproduction, or prop gun made or remade to be reasonably capable of being mistaken for a firearm; and

(B) includes—

(i) any weapon, article, item, or device that is in the nature of an air gun, spring gun or pistol, or other weapon in which the propelling force is a spring, an elastic band, carbon dioxide, compressed or other gas or vapor, or air or compressed air, and that ejects a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person that is so substantially similar in coloration, configuration, and overall appearance to an existing firearm or weapon as to lead a reasonable person to perceive that the device is a firearm or weapon; and

(ii) any weapon, including a starter gun, which will or is designed to fire blank cartridges that is so substantially similar in coloration, configuration, and overall appearance to an existing firearm or weapon as to lead a reasonable person to perceive that the device is a firearm or weapon.”.