H.R. 9349

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9349 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9349

To amend title 52 and title 18, United States Code, to ensure the 
integrity of voting systems.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 18, 2026

Mr. Goldman of New York (for himself, Ms. Ansari, Mr. Krishnamoorthi, 
Ms. Norton, Mr. Johnson of Georgia, Mr. Moulton, Mr. Deluzio, and Mr. 
Gottheimer) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To amend title 52 and title 18, United States Code, to ensure the 
integrity of voting systems.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Voting Systems Protection Act''.

SEC. 2. STATE OFFICIAL OVERSIGHT OF SEIZED ELECTION MATERIALS.

(a) In General.--Chapter 20 of title 52, United States Code, is 
amended by adding after section 20701 the following new section:
``Sec. 20702. State official oversight of federally seized election 
materials; warrant requirement
``(a) Requirement of State Oversight.--In any case in which the 
Federal Government, including any Federal agency, department, bureau, 
or instrumentality thereof, seizes, takes custody of, or otherwise 
removes--
``(1) any voting machine, voting system, or component 
thereof;
``(2) any voter registration roll or voter file;
``(3) any ballot, whether cast, uncast, spoiled, or 
provisional;
``(4) any election equipment, software, hardware, or 
related technology; or
``(5) any election record, log, tally, or related 
documentation,
the Federal Government shall permit a designated State official to be 
present during and maintain continuous oversight of the handling, 
transport, storage, examination, and chain of custody of all such 
seized materials for the duration of Federal custody.
``(b) Designation of State Official.--The Secretary of State of the 
affected State, or an official designated in writing by the Secretary 
of State, shall serve as the State oversight official under subsection 
(a). In States without a Secretary of State, the chief State election 
official shall designate an appropriate official. The designated 
official--
``(1) shall have the right to observe all handling and 
processing of seized materials;
``(2) shall be provided access to all locations where 
seized materials are stored or examined;
``(3) may document, photograph, or otherwise record the 
condition and handling of seized materials, subject to any 
applicable court order; and
``(4) shall countersign all chain-of-custody documentation 
related to the seized materials.
``(c) Warrant Requirement.--A Federal agency or entity may not 
conduct a seizure described under subsection (a) except pursuant to a 
warrant duly issued by a court.
``(d) Federal Facilitation.--The Federal agency or entity 
conducting the seizure shall--
``(1) provide reasonable accommodations to enable State 
official oversight under this section;
``(2) bear any reasonable costs associated with State 
official travel and access; and
``(3) not impede, obstruct, or delay the State official 
from exercising oversight functions under this section.''

SEC. 3. CRIMINAL PENALTIES FOR TAMPERING WITH OR DESTRUCTION OF 
ELECTION MATERIALS BY FEDERAL OFFICIALS.

(a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding after section 594 the following new section:
``Sec. 594A. Tampering with or destruction of seized election materials 
by federal officials
``(a) Offense.--It shall be unlawful for any Federal officer, 
employee, agent, or contractor, or any person acting under color of 
Federal law, to--
``(1) tamper with, alter, damage, or destroy any voting 
machine, voting system, voter roll, ballot, election equipment, 
election software, or election record that has been seized or 
taken into Federal custody;
``(2) intentionally mishandle or fail to maintain the chain 
of custody of any such materials;
``(3) falsify or alter any record, log, or documentation 
related to seized election materials; or
``(4) obstruct or interfere with State official oversight 
as required under section 20702 of title 52.
``(b) Penalties.--Any person who violates subsection (a)--
``(1) shall be fined under this title, imprisoned for not 
more than 10 years, or both, if the violation was committed 
knowingly and willfully;
``(2) shall be fined not more than $250,000 if the 
violation was committed negligently or recklessly; and
``(3) shall be permanently disqualified from holding any 
Federal office or position of Federal employment.
``(c) Statute of Limitations.--Notwithstanding any other provision 
of law, a prosecution for a violation of this section may be commenced 
at any time within 9 years after the commission of the offense.
``(d) Civil Cause of Action.--Any State that suffers harm as a 
result of a violation of this section may bring a civil action in any 
United States district court for damages, including costs and 
reasonable attorney's fees, and for any appropriate equitable relief.''

SEC. 4. NOTIFICATION REQUIREMENTS PRIOR TO FEDERAL SEIZURE OF ELECTION 
MATERIALS.

(a) 48-Hour Advance Notification to State Officials.--Not fewer 
than 48 hours before any Federal seizure of election materials 
described in section 20702(a) of title 52, the Federal agency or entity 
seeking to conduct the seizure shall provide written notification to 
the Secretary of State, or equivalent chief election official, of the 
affected State. Such notification shall include--
(1) the specific categories and description of the 
materials to be seized;
(2) the legal authority and factual basis for the seizure;
(3) the anticipated duration of Federal custody;
(4) the Federal agency or entity conducting the seizure and 
the designated Federal contact official;
(5) the planned location or locations of storage and 
examination; and
(6) any court order or judicial authorization authorizing 
the seizure, if applicable.
(b) Simultaneous Notification to Congressional Committees.--At the 
same time notification is provided to State officials under subsection 
(a), the Federal agency or entity conducting the seizure shall notify--
(1) the Chair and Ranking Member of the Committee on House 
Administration of the House of Representatives;
(2) the Chair and Ranking Member of the Committee on the 
Judiciary of the House of Representatives;
(3) the Chair and Ranking Member of the Committee on Rules 
and Administration of the Senate; and
(4) the Chair and Ranking Member of the Committee on the 
Judiciary of the Senate.
(c) Form and Delivery.--All notifications required under this 
section shall be--
(1) in writing;
(2) transmitted via electronic means and confirmed by 
certified mail; and
(3) transmitted simultaneously to all required recipients.
(d) Emergency Exception.--In the event that exigent circumstances 
prevent provision of advance notification under subsection (a), the 
Federal agency or entity shall--
(1) provide notification to all required recipients as soon 
as practicable, but in no case later than 6 hours after the 
seizure is initiated; and
(2) include in such notification a detailed written 
explanation of the emergency circumstances that necessitated 
immediate action.
(e) Failure To Notify.--Any Federal official who willfully fails to 
provide required notifications under this section shall be subject to 
the penalties described in section 594A(b) of title 18, United States 
Code.

SEC. 5. RESTRICTION ON FEDERAL SEIZURE OF ELECTION MATERIALS IN 
PROXIMITY TO A FEDERAL ELECTION.

(a) Restricted Period Defined.--For purposes of this section, the 
term ``restricted period'' means the period beginning 120 days before 
any Federal election and ending 120 days after such election.
(b) General Prohibition.--During any restricted period, no Federal 
agency, department, bureau, instrumentality, officer, or employee of 
the United States may seize, take custody of, or otherwise remove any 
election material described in section 20702(a) of title 52 from any 
State, county, municipality, or election jurisdiction.
(c) Exception for Imminent Harm.--The prohibition under subsection 
(b) shall not apply if--
(1) there is clear and convincing evidence of an imminent 
threat of harm to the integrity of the Federal election, public 
safety, or national security arising directly from the specific 
election materials to be seized;
(2) a Federal district court judge has issued an order, 
upon application supported by affidavit, specifically 
authorizing the seizure during the restricted period upon a 
finding of such imminent harm;
(3) the Federal agency seeking the seizure has made a good-
faith effort to provide the notifications required under 
section 5 of this Act, notwithstanding any reduced timeframe 
necessitated by the emergency; and
(4) the scope of the seizure is narrowly tailored to 
address the specific imminent harm identified.
(d) Judicial Review.--Any State, or the Secretary of State of any 
State, may seek expedited judicial review of any seizure, taking of 
custody, or removal of election material in violation of subsection (b) 
in a Federal district court of any seizure occurring during a 
restricted period. The court shall have authority to--
(1) issue a temporary restraining order or preliminary 
injunction halting or limiting a seizure pending full hearing;
(2) order the return of seized materials if the court finds 
the seizure was not authorized under this section; and
(3) award attorney's fees and costs to a prevailing State 
party.
(e) Civil Penalty.--Any Federal official who knowingly authorizes 
or conducts a seizure in violation of this section shall be subject to 
a civil penalty of not less than $50,000 and not more than $500,000 per 
violation, in addition to any criminal penalties under applicable law.

SEC. 6. RULEMAKING AND IMPLEMENTATION.

(a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, in consultation with the 
Secretary of Homeland Security and the Election Assistance Commission, 
shall promulgate regulations implementing this Act, including 
establishing standardized forms and procedures for notifications 
required under section 5.
(b) Training.--The Attorney General shall develop and implement 
mandatory training for all Federal law enforcement personnel on the 
requirements and procedures established by this Act.

SEC. 7. DEFINITIONS.

In this Act:
(1) Voting machine; voting system.--The terms ``voting 
machine'' and ``voting system'' mean any device, apparatus, 
software, firmware, or combination thereof used or intended for 
use in the casting, recording, tabulating, transmitting, or 
reporting of votes in a Federal election, including direct-
recording electronic devices, optical scan systems, ballot 
marking devices, electronic poll books, vote tabulation 
systems, and any component, peripheral, or module integral to 
the operation of such devices or systems.
(2) Election equipment and records.--The term ``election 
equipment and records'' means--
(A) any voting machine or voting system as defined 
in paragraph (1);
(B) any voter registration roll, voter file, or 
poll book, whether in electronic or paper form;
(C) any ballot, whether cast, uncast, spoiled, 
provisional, or absentee;
(D) any tally sheet, canvass record, certification 
document, chain-of-custody log, or audit trail 
associated with a Federal election; and
(E) any software, database, server, storage media, 
or network infrastructure used exclusively or primarily 
in connection with the administration of a Federal 
election.
(3) Imminent harm.--The term ``imminent harm'' means a 
specific, credible, and documented threat that--
(A) is likely to occur imminently if the relevant 
election equipment and records are not seized;
(B) would result in material harm to the integrity 
of a Federal election, public safety, or national 
security; and
(C) cannot be adequately addressed through less 
intrusive measures than physical seizure of the 
relevant materials.
(4) Restricted period.--The term ``restricted period'' 
means the period beginning on the date that is 120 days before 
any regularly scheduled Federal election and ending on the date 
that is 120 days after such election. Where multiple Federal 
elections occur in close proximity, restricted periods shall be 
calculated independently for each election and shall not be 
merged unless they overlap.
(5) State official; chief election official.--
(A) The term ``State official'' means the Secretary 
of State of a State, or, in States without a Secretary 
of State, the officer designated by State law as the 
chief administrator of State elections, or any officer 
or employee expressly designated in writing by such 
officer to act under this Act.
(B) The term ``chief election official'' means, 
with respect to a State, the State official as defined 
in subparagraph (A), and, with respect to a political 
subdivision, the highest-ranking election administrator 
of that subdivision responsible for the administration 
of Federal elections.
(6) Seizure; takes custody of.--The terms ``seizure'' and 
``takes custody of'' mean, in the case of any election 
equipment and records, any action by a Federal agency, 
department, instrumentality, officer, or agent, whether 
pursuant to legal process or otherwise, by which the Federal 
Government obtains physical or constructive possession, 
control, or access to such election equipment and records, 
including--
(A) physical removal of such materials from State 
or local custody;
(B) issuance of a hold, preservation order, or 
other directive that restricts a State or local 
official's authority to access, use, or dispose of such 
materials;
(C) execution of a search warrant, subpoena, or 
civil investigative demand that results in the removal 
or imaging of such materials; or
(D) any other exercise of Federal authority that 
effectively deprives a State or local official of full 
control over such materials, whether temporarily or 
permanently.

SEC. 8. SEVERABILITY.

If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act and the application of its provisions to any 
other person or circumstance shall not be affected thereby.

SEC. 9. EFFECTIVE DATE.

This Act shall take effect on the date that is 90 days after the 
date of enactment of this Act.
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