S. 2928Senate117th Congress (2021-2023)In Committee

Election Worker and Polling Place Protection Act

Sponsored by Jon OssoffSen. Jon Ossoff (D-GA)
Introduced October 4, 2021

AI-Generated Summary

Updated February 8, 2026 at 7:09 AM UTC

The Election Worker and Polling Place Protection Act amends the federal criminal law on threats against election officials to broaden protection for election workers, poll sites, and related infrastructure. It adds election agents, contractors and vendors to the list of protected persons and creates new penalties for damaging or threatening polling places or other election infrastructure. The bill applies to anyone who intentionally harms or threatens such property or people, with harsher penalties for serious violence, kidnapping, sexual abuse, or death.

Key Provisions

  • Amends 18 U.S.C. §245(b) to cover threats or violence against election workers, agents, contractors, vendors, and any election infrastructure.
  • Creates a new subsection that makes it a crime to intentionally damage or threaten to damage polling places, tabulation centers, or other election infrastructure, with fines and up to one year in prison for minor offenses.
  • Increases penalties to up to 10 years for offenses causing bodily injury or involving dangerous weapons, and up to life imprisonment for offenses resulting in death, kidnapping, aggravated sexual abuse, or attempted murder.
  • Defines “election infrastructure” to include offices, staff, equipment, and any devices used in the voting process.
  • Excludes minor damage or threats, such as graffiti, from being considered a violation.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

October 4, 2021

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SenateIntro Referral

Introduced in Senate

October 4, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

October 4, 2021

Bill Text

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Introduced in SenateIssued October 4, 2021

II

117th CONGRESS

1st Session

S. 2928

IN THE SENATE OF THE UNITED STATES

October 4, 2021

Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 245 of title 18, United States Code, to expand protections for election workers, polling places, and other election infrastructure against threats and violence.

1.

Short title

This Act may be cited as the Election Worker and Polling Place Protection Act.

2.

Federally protected activities

Section 245 of title 18, United States Code, is amended—

(1)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking willfully and inserting , or violence, or threat of harm to any person or property, intentionally;

(B)

in paragraph (1)(A), by inserting , or any agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election before the semicolon at the end; and

(C)

in the undesignated matter following paragraph (5), by striking of this section each place it appears and inserting of this subsection;

(2)

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

(3)

by inserting after subsection (b) the following:

(c)
(1)

Whoever, whether or not acting under color of law, intentionally physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure shall be fined under this title, or imprisoned not more than 1 year, or both; and if bodily injury results from the acts committed in violation of this subsection or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than 10 years, or both; and if death results from the acts committed in violation of this subsection or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both.

(2)

For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property, such as graffiti, shall not be considered a violation of paragraph (1).

(3)

In this subsection, the term election infrastructure means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information.

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