H.R. 10545 – Freedom from Intimidation in Elections Act

AI-Generated Summary

Updated September 28, 2026 at 12:53 PM UTC

The Freedom from Intimidation in Elections Act amends the Voting Rights Act to make it illegal to threaten, coerce, or intimidate anyone who is administering federal elections, including vote counting and certification. It also creates a legal presumption that anyone who displays a visible firearm, imitation firearm, or antique firearm while interacting with voters or election officials is committing intimidation, unless they can prove otherwise. The law applies to all persons, with a specific exemption for state or local law‑enforcement officers acting in their official duties, but not for National Guard members.

Key Provisions

Adds a new subsection to VRA §11 that explicitly prohibits intimidation, threats, or coercion of election officials and workers for performing their duties.
Creates a presumption that displaying a visible firearm, imitation firearm, or antique firearm during voting or election‑administration activities constitutes intimidation, shifting the burden of proof to the defendant.
Provides an exception for state and local law‑enforcement officers acting within their official duties, though courts may still consider their firearm possession.
Specifies that National Guard members are not exempt from the presumption, regardless of duty status.
Allows courts to grant relief, including temporary limits on a defendant’s firearm carrying, and defines terms such as “antique firearm” and “imitation firearm.”

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 24, 2026

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HouseIntro Referral

Introduced in House

September 24, 2026

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 24, 2026

Bill Text

Latest available legislative text

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Introduced in HouseIssued September 24, 2026

I

119th CONGRESS

2d Session

H. R. 10545

IN THE HOUSE OF REPRESENTATIVES

September 24, 2026

Mr. Deluzio (for himself and Mr. Ruiz) introduced the following bill; which was 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.

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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)

State and local law enforcement officer exception

(1)

In general

Any State or local 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.

(2)

Applicability to members of the National Guard

Nothing in this subsection may be construed as exempting a member of the National Guard from the presumption in subsection (a), regardless of such member’s duty status, including service while under the command and control of the governor of a State.

(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)(3)(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.

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