S. 5124

119 S5124 IS: Stop Harassment and Intimidations in Elections through Legal Defenses (SHIELD) Our Elections Act
 U.S. Senate
 2026-07-23
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 II  119th CONGRESS  2d Session  S. 5124  IN THE SENATE OF THE UNITED STATES   July 23, 2026   Mr. Padilla  (for himself,  Mr. Blumenthal ,  Mr. King ,  Ms. Klobuchar ,  Mr. Hickenlooper ,  Ms. Hirono ,  Ms. Slotkin , and  Ms. Baldwin ) introduced the following bill; which was read twice and referred to the  Committee on Rules and Administration    A BILL
To prohibit interference in elections for Federal office, and for other purposes.
1.
Short title
This Act may be cited as the   Stop Harassment and Intimidations in Elections through Legal Defenses (SHIELD) Our Elections Act  .
I
Election interference
101.
Private right of action for Federal interference at election locations
(a)
In general
A person who is aggrieved by a violation of section 592, 593, or 594 of title 18, United States Code, may bring a civil action in the appropriate district court for declaratory or injunctive relief to prevent or halt the violation.
(b)
Attorneys' fees
In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses and costs.
(c)
No inference
Nothing in this section shall be construed to deny any right otherwise provided under law for relief from any violation of a provision described in subsection (a).
102.
Extension of statute of limitations for certain election interference crimes
(a)
Troops at polls
Section 592 of title 18, United States Code, is amended by adding at the end the following:
No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 9 years after the date on which the offense was committed.
 .
(b)
Interference by armed forces
Section 593 of title 18, United States Code, is amended by adding at the end the following:
No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 9 years after the date on which the offense was committed.
 .
(c)
Intimidation of voters
Section 594 of title 18, United States Code, is amended—
(1)
by striking  Whoever intimidates  and inserting  (a)
In general .—Whoever intimidates ; and
(2)
by adding at the end the following:
(b)
Statute of limitations
No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 9 years after the date on which the offense was committed.
 .
(d)
Voting Rights Act of 1965
Section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by adding at the end the following:
(f)
No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 9 years after the date on which the offense was committed.
 .
(e)
National Voter Registration Act of 1993
Section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended—
(1)
in the matter preceding paragraph (1), by striking  A person  and inserting  (a)
In general .—A person ; and
(2)
by adding at the end the following:
(b)
Statute of limitations
No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 9 years after the date on which the offense was committed.
 .
II
Election records
201.
Restrictions on seizure of ballots
(a)
In general
Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ) is amended by redesignating sections 305 and 306 as sections 306 and 307, respectively, and by inserting after section 304 the following new section:
305.
Restrictions on seizure of ballots
(a)
Restriction
(1)
In general
No record or paper to which section 301 applies, and no election equipment used in an election described in such section, may be seized by State or Federal law enforcement before the time at which any recount, audit, or legal challenge to the results of the election to which such record or paper relate, or in which such equipment is used, has been conclusively resolved.
(2)
Exception
Paragraph (1) shall not apply if an appropriate judge in the United States district court in which the record, paper, or equipment is located determines, pursuant to an action brought in such court, that there is clear and convincing evidence that such record, paper, or equipment is at risk of being destroyed. In any case in which records, papers, or equipment are seized under this paragraph, such records, papers, or equipment may be removed but shall remain in the joint custody of the person authorized by the court to remove such records or papers and an election officer designated by the court.
(b)
Chain of custody
In any case in which records, papers, or election equipment described in subsection (a) are seized, the person controlling such records, papers, or equipment shall—
(1)
maintain a record of the chain of custody of such records, papers, or equipment; and
(2)
allow the election official from whom the records, papers, or equipment were seized access to such records, papers, or equipment.
 .
(b)
No inference
Nothing in this section or the amendments made by this section shall be construed to limit the application of any other provision of law which otherwise restricts the seizure of records or papers relating to an election for Federal office or of any equipment used in such an election.
III
Ballot materials tracking program
301.
Grants to establish State ballot materials tracking program
(a)
In general
Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part:
7
Balloting materials tracking programs
297.
Grants for qualifying balloting materials tracking programs
(a)
Payments for costs of program
The Commission is authorized to make grants to States to cover costs incurred in establishing and administering qualifying balloting materials tracking programs.
(b)
Qualifying absentee ballot tracking program
(1)
In general
For purposes of this section, the term  qualifying absentee ballot tracking program  means a program established in a State—
(A)
under which the State or local election official responsible for the receipt of voted mail-in ballots and absentee ballots in an election for Federal office—
(i)
tracks and confirms the receipt of such ballots; and
(ii)
makes information on the receipt of such ballots available to the individual who cast the ballot; and
(B)
which meets the requirements of paragraphs (2), (3), and (4).
(2)
Information requirements
A program meets the requirements of this paragraph if such program provides to a voter the following information with respect to that voter:
(A)
The date on which any request by the voter for an application for voter registration or an absentee ballot was received.
(B)
The date on which any such requested application was sent to the voter.
(C)
The date on which any such completed application was received from the voter and the status of such application.
(D)
The date on which any mail-in ballot or absentee ballot was sent to the voter.
(E)
The date on which any mail-in ballot or absentee ballot was out for delivery to the voter.
(F)
Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted.
 The information described in subparagraph (F) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot.
(3)
Public availability requirements
A program meets the requirements of this paragraph if the information described in subparagraphs (D) and (F) of paragraph (2) is made available to political parties and voter registration organizations, at cost to cover the expense of providing such information, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned.
(4)
Accessibility of information
(A)
In general
Except as provided under subparagraph (B), a program meets the requirements of this paragraph if the information provided under the program is available by means of online access using the internet site of the State or local election office.
(B)
Use of toll-free telephone number by officials without internet site
In the case of a State or local election official whose office does not have an internet site, the program meets the requirements of this paragraph if the official establishes a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under paragraph (2).
(c)
Authorization of appropriations
(1)
Authorization
There are authorized to be appropriated $50,000,000 to the Commission for fiscal year 2027 for payments under this section.
(2)
Continuing availability of funds
Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.
  .
(b)
Clerical amendment
The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:
PART 7—Balloting materials tracking programs
Sec. 297. Grants for qualifying balloting materials tracking programs.
  .