Vote Without Fear Act
- Sponsor
- Sen. Murphy, Christopher [D-CT]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 17, 2026
Bottom line
This bill creates new federal criminal penalties for unauthorized firearm possession at or near federal election sites, aiming to enhance election security and voter safety.
What it actually does
This bill establishes new federal criminal offenses for knowingly possessing a firearm in, or within 100 yards of an entrance to, a Federal election site. It includes exceptions for on-duty law enforcement and security, firearms secured in vehicles, and firearms on private property. The bill also creates enhanced penalties for possessing a firearm with criminal intent at such sites and applies existing federal homicide statutes to killings committed during these violations.
Proponents argue
Proponents argue this bill is crucial for protecting the integrity of federal elections and ensuring the safety of voters and election workers. They contend that the presence of firearms at polling places can intimidate voters and create a hostile environment, undermining democratic processes. They believe it addresses a growing concern about election-related violence and threats, providing a necessary federal standard.
Opponents contend
Opponents might argue that this bill infringes upon Second Amendment rights, particularly for law-abiding citizens who wish to exercise their right to self-defense. They may also contend that existing laws are sufficient to address threats and violence, and that this bill creates unnecessary federal overreach into state-managed election processes. Concerns about potential for selective enforcement or criminalizing innocent behavior could also be raised.
The bill is concise and straightforward, making it highly accessible for a quick and informed review.
Section 2(a), adding 18 U.S.C. 935(a)
Definition of Federal Election Site
This provision defines a 'Federal election site' as any building or part of a building where an employee of the United States, a State, or a political subdivision is engaged in administering a polling place or processing/counting ballots for a federal election. This definition establishes the specific locations where the bill's prohibitions apply.
Supporters argue
Supporters argue that a clear, federal definition is necessary to ensure consistent protection across all federal election activities, regardless of state or local variations in election site designations, thereby eliminating ambiguity.
Critics contend
Critics might argue that this definition could be overly broad, encompassing areas not directly involved in voter interaction, or that it preempts state authority in defining election-related locations, leading to potential jurisdictional conflicts.
Tradeoffs
This provision balances the need for comprehensive protection of election processes with potential concerns about federal overreach into areas traditionally defined by state and local authorities.
Section 2(a), adding 18 U.S.C. 935(b)(1)
Prohibition on Unauthorized Firearm Possession Near Federal Election Sites
This section makes it unlawful for an individual to knowingly possess or cause a firearm to be present in, or within 100 yards of an entrance to, a place they know or reasonably believe to be a Federal election site. It includes specific exceptions for on-duty law enforcement or private security, firearms kept in vehicles (not removed or brandished), and firearms on private property, residences, or businesses within the 100-yard zone.
Section 2(a), adding 18 U.S.C. 935(b)(2)
Penalties for Unauthorized Firearm Possession
Individuals who violate the general prohibition on firearm possession near election sites, or attempt to do so, face a fine under Title 18, imprisonment for not more than 1 year, or both. This establishes the federal criminal consequences for the primary offense, providing a deterrent.
Section 2(a), adding 18 U.S.C. 935(c)
Enhanced Penalties for Firearm Possession with Criminal Intent
This provision makes it unlawful for an individual to knowingly possess or cause a firearm to be present near a Federal election site with the specific intent that the firearm be used in the commission of a crime. Violators face a fine under Title 18, imprisonment for not more than 5 years, or both, reflecting a significantly harsher penalty for malicious intent.
Section 2(a), adding 18 U.S.C. 935(d)
Penalties for Homicide Related to Election Site Violations
This section specifies that an individual who kills another person during a violation of the firearm possession prohibitions (subsections b or c), or during an attack on a Federal election site involving a firearm, will be punished according to existing federal homicide statutes. This includes penalties for murder, manslaughter, attempt to commit murder or manslaughter, and conspiracy to commit murder, ensuring severe consequences for such acts.