S. 5491 – Freedom from Intimidation in Elections Act

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Updated October 2, 2026 at 5:21 AM UTC

The Freedom from Intimidation in Elections Act adds a new federal crime that makes it illegal to intimidate, threaten, or coerce anyone who is performing duties related to federal elections, including election officials, workers, and voters. It also creates a legal presumption that simply displaying a visible firearm, imitation firearm, or antique firearm during election‑related activities counts as intimidation, unless the person is a state or local law‑enforcement officer acting in official capacity. The bill amends the Voting Rights Act of 1965 to include these provisions and defines key terms.

Key Provisions

Amends the Voting Rights Act to add a new subsection that prohibits any person, whether acting under color of law or not, from intimidating, threatening, or coercing election officials, workers, or anyone involved in administering federal elections.
Establishes a presumption that displaying a visible firearm, imitation firearm, or antique firearm while interacting with voters, election workers, or officials is intimidation, shifting the burden of proof to the defendant.
Provides an exception to the presumption for state or local law‑enforcement officers acting within their official duties, though courts may still consider firearm possession in evaluating misconduct.
Specifies that National Guard members are not exempt from the presumption, even when under state command.
Allows courts to grant relief, including temporary limits on a defendant’s ability to carry firearms, in cases where intimidation is found.
Defines “antique firearm,” “firearm,” and “imitation firearm” for the purposes of the law.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 23, 2026

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SenateIntro Referral

Introduced in Senate

September 23, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 23, 2026

Bill Text

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Introduced in SenateIssued September 23, 2026

II

119th CONGRESS

2d Session

S. 5491

IN THE SENATE OF THE UNITED STATES

September 23, 2026

Mr. Padilla (for himself, Ms. Hirono, Mr. Murphy, Mr. Whitehouse, Mr. Blumenthal, Mr. Van Hollen, Mr. Schiff, and Ms. Cantwell) 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)

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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