Voting Systems Protection Act

What Would Change

Currently, federal agencies may seize election materials under various legal authorities, potentially without requiring a specific warrant for all types of materials or mandating state official oversight during the process. There are no explicit federal laws requiring advance notification to state election officials or Congress before such seizures, nor are there specific federal criminal penalties for federal officials who tamper with seized election materials or obstruct state oversight. Additionally, there are no federal restrictions on seizing election materials close to an election, nor specific civil penalties for such actions or a dedicated process for states to seek expedited judicial review of such seizures. If this bill becomes law, federal agencies would be required to obtain a court warrant before seizing state election materials like voting machines or voter rolls. They would also have to allow a designated state official to be present and oversee the handling, transport, and storage of these materials, with federal agencies covering associated costs. New criminal penalties would be put in place for federal officials who tamper with, destroy, mishandle, or obstruct state oversight of seized election materials, including fines, imprisonment, and permanent job disqualification. Federal agencies would also need to provide written notification to state election officials and key Congressional committees at least 48 hours before a seizure, with an emergency exception. Importantly, federal seizures of election materials would generally be banned during the 120 days before and after a federal election, unless a federal court orders it due to an imminent threat. Federal officials who violate this ban could face civil penalties of $50,000 to $500,000, and states could seek quick court review to challenge such seizures.