Safe Access to the Polls Act
- Sponsor
- Sen. Baldwin, Tammy [D-WI]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Sep 23, 2026
Bottom line
The Safe Access to the Polls Act seeks to safeguard voter access and prevent intimidation by prohibiting federal law enforcement and military personnel from being present near or interfering with access to polling locations.
What it actually does
This bill prohibits the expenditure of federal funds to deploy agents or officers of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), or uniformed members of the National Guard, within a quarter-mile of any polling location during a voting period. It also bans setting up checkpoints along routes to polling places or interfering with an eligible voter's access to vote. The aim is to prevent perceived intimidation at election sites.
Proponents argue
Supporters argue this bill protects the integrity of the electoral process by preventing potential voter intimidation and ensuring all eligible voters feel safe and unhindered when casting their ballots. They contend that the visible presence of armed federal agents or uniformed military personnel near polling places can deter voters, particularly minority groups or those with immigration concerns, from exercising their constitutional right to vote.
Opponents contend
Opponents might argue that this bill could restrict the ability of federal authorities to maintain public order or respond to security threats near polling places, potentially compromising safety or election security in certain circumstances. They might contend that such prohibitions are overly broad and could hinder legitimate law enforcement or emergency response efforts.
The bill is exceptionally short and clearly written, allowing for a quick and complete understanding of its provisions in less than two minutes.
Section 2
Prohibition on Federal Funds for DHS or National Guard Presence Near Election Locations
This section explicitly forbids the use of any federal money to send agents from U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), or uniformed National Guard members, to areas near polling places during an election. Specifically, they cannot be deployed within a quarter-mile of a polling location, set up checkpoints on any route to such a location, or otherwise obstruct any eligible voter's ability to access their assigned voting site.
Supporters argue
Supporters argue that this provision is crucial for protecting democratic participation, as the visible presence of federal law enforcement or military personnel can create an intimidating atmosphere, particularly for immigrant communities or minority voters, discouraging them from exercising their right to vote. They assert it upholds the principle of civilian control over elections.
Critics contend
Critics might contend that this provision could hinder legitimate security operations or emergency responses by federal agencies or the National Guard, potentially leaving polling places vulnerable to disruption or threats. They may argue that it unnecessarily restricts the ability of authorities to ensure safety and order.
Tradeoffs
The bill balances the desire to protect voter access and prevent intimidation against potential concerns about maintaining security and order at polling places, particularly in scenarios where a genuine threat might arise or where law enforcement presence is deemed necessary for public safety.