S. 5165Senate118th Congress (2023-2025)In Committee

Freedom from Intimidation in Elections Act

Introduced September 25, 2024

AI-Generated Summary

Updated January 20, 2026 at 7:35 PM UTC

The Freedom from Intimidation in Elections Act makes it a federal crime to intimidate, threaten, or coerce election officials, workers, or anyone involved in administering federal elections. It also creates a legal presumption that displaying a visible firearm, imitation firearm, or antique firearm during election‑related activities constitutes intimidation, unless the person is a law‑enforcement officer acting in official duties.

Key Provisions

  • Amends the Voting Rights Act to add a new prohibition against intimidating, threatening, or coercing election officials, workers, or participants in federal election administration.
  • Establishes a presumption that anyone who displays a visible firearm, imitation firearm, or antique firearm while interacting with voters or election officials is presumed to have violated the intimidation prohibition, unless they prove otherwise by a preponderance of the evidence.
  • Provides an exception for law‑enforcement officers acting within the scope of their official duties, though courts may still consider their firearm possession.
  • Allows courts to grant relief, including temporary limits on a defendant’s carrying of firearms, and defines the terms “firearm,” “antique firearm,” and “imitation firearm.”

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6444)

September 25, 2024

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SenateIntro Referral

Introduced in Senate

September 25, 2024

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6444)

September 25, 2024

Floor Debate

4 members

What members said about S. 5165 on the floor

2 Republicans2 Democrats
Alex Padilla
Sen. Alex PadillaD-CA · Sep 25, 2024

Madam President, I rise to introduce the Freedom from Intimidation in Elections Act of 2024. This legislation would amend section 11(b) of the Voting Rights Act to establish a rebuttable presumption…

Alex Padilla
Sen. Alex PadillaD-CA · Sep 25, 2024

Madam President, I rise to introduce the Freedom from Intimidation in Elections Act of 2024. This legislation would amend section 11(b) of the Voting Rights Act to establish a rebuttable presumption…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 25, 2024

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · Sep 25, 2024

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Mitch McConnell
Sen. Mitch McConnellR-KY · Sep 25, 2024

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued September 25, 2024

II

118th CONGRESS

2d Session

S. 5165

IN THE SENATE OF THE UNITED STATES

September 25, 2024

Mr. Padilla (for himself, Ms. Butler, Mr. Whitehouse, Ms. Hirono, Mr. Kaine, Mr. Murphy, Mr. Van Hollen, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prohibit the intimidation of election officials and election workers.

1.

Short title

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

2.

Prohibiting intimidation of election officials and election workers

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.

.

3.

Presumption that firearms near election-related conduct are intimidating

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)

Law enforcement officer exception

Any 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.

(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) 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.

.