Election Worker and Polling Place Protection Act
- Sponsor
- Rep. Gottheimer, Josh [D-NJ-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 29, 2026
Bottom line
H.R. 10926 creates new federal crimes to protect election workers, voters, and election infrastructure from interference, intimidation, and physical damage, enhancing federal oversight of election security.
What it actually does
This bill amends the Voting Rights Act of 1965 to establish new federal criminal penalties for individuals who use force or threats to interfere with or intimidate election workers, poll watchers, or voters. It also criminalizes the willful physical damage or threat of damage to polling places, tabulation centers, or other election infrastructure with the intent to disrupt election administration. Federal prosecution under these new provisions requires certification from the Attorney General.
Proponents argue
Proponents argue that this bill is a critical response to the documented increase in threats and harassment against election workers and the growing concerns about the security of election infrastructure. They contend that federal protections are necessary to ensure the safety of those administering elections and to safeguard the democratic process, particularly when state laws may be insufficient or inconsistently enforced. This measure aims to deter malicious actors and reassure election officials and volunteers that their service is protected.
Opponents contend
Opponents might argue that existing state and federal laws already adequately address assault, intimidation, and property damage, making this bill an unnecessary federalization of local crimes. Concerns could also be raised about the potential for these new provisions to be broadly interpreted, possibly chilling legitimate protest or political expression near polling places, or leading to federal overreach into matters traditionally handled by states. Some may also question the necessity of federal intervention when states are capable of prosecuting such offenses.
The bill is very concise and clearly written, making it highly accessible for any reader to understand its core provisions quickly.
Section 2, new 11(f)(1) of the Voting Rights Act of 1965
Prohibition on Interference and Intimidation of Election Personnel and Voters
This provision makes it a federal crime to willfully interfere with or intimidate, by force or threat of force or violence, any person's ability to vote, qualify to vote, or act as a poll watcher or election official. This includes individuals employed by agents, contractors, or vendors assisting election officials. Violators face fines up to $2,500 or imprisonment up to 6 months, or both. If bodily injury occurs or a dangerous weapon, explosive, or fire is used or threatened, penalties increase to a $5,000 fine or 1 year imprisonment, or both.
Supporters argue
Supporters argue that this provision directly addresses the alarming rise in threats and harassment faced by election workers and volunteers, which has led to staffing shortages and concerns about election integrity. They contend that federal law provides a stronger, more consistent deterrent and enforcement mechanism than varied state laws, ensuring that those who administer elections can do so safely and without fear. This is seen as crucial for protecting the foundational elements of democracy.
Critics contend
Critics might contend that existing state and federal laws, such as those against assault, battery, and civil rights violations, are already sufficient to prosecute acts of intimidation or interference. They may argue that adding new federal statutes could lead to over-federalization of local law enforcement matters or could be used to suppress legitimate, albeit passionate, political expression or protest, potentially chilling free speech rights near election sites.
Tradeoffs
The provision navigates the tension between protecting election officials and voters from genuine threats and ensuring that legitimate political expression and protest are not inadvertently criminalized. It also balances federal and state roles in prosecuting election-related offenses.
Section 2, new 11(f)(2) of the Voting Rights Act of 1965
Prohibition on Physical Damage to Polling Places or Election Infrastructure
This provision establishes a federal crime for willfully physically damaging or threatening to physically damage any property used as a polling place, tabulation center, or other election infrastructure. The intent must be to interfere with the administration, tabulation, or certification of an election. Penalties are fines up to $2,500 or imprisonment up to 6 months, or both. If bodily injury results or a dangerous weapon, explosive, or fire is used or threatened, penalties increase to a $5,000 fine or 1 year imprisonment, or both.
Section 2, new 11(f)(3) of the Voting Rights Act of 1965
De Minimis Damage Exception
This subsection clarifies that minor, or 'de minimis,' damage or threats of de minimis damage to physical property will not be considered a violation of the new federal prohibitions. This ensures that the law targets significant acts of interference or damage rather than trivial incidents.
Section 2, new 11(f)(4) of the Voting Rights Act of 1965
Definition of Election Infrastructure
This subsection defines 'election infrastructure' broadly. It includes any office of a legally authorized election official, or a staffer, worker, or volunteer assisting such an official. It also covers any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or otherwise handling voter registration or ballot information.
Section 2, new 11(g) of the Voting Rights Act of 1965
Attorney General Certification for Federal Prosecution
This provision requires that any federal prosecution for offenses described in the new subsection (f) must be certified in writing by the Attorney General or a designee. Certification is granted only if the State lacks jurisdiction, the State has requested federal assumption of jurisdiction, or federal prosecution is deemed to be in the public interest and necessary to secure substantial justice.