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

This section prohibits any person from intimidating, threatening, or coercing election officials or workers for performing duties to administer federal elections, including vote counting, tabulation, canvassing, and certification, or for their status as participants in such administration. It also covers duties of the Election Assistance Commission under section 202 of the Help America Vote Act of 2002.

This section establishes a presumption of voter intimidation under the Voting Rights Act when any person displays or carries a visible firearm, imitation firearm, or antique firearm while interacting with or observing another person voting, aiding a voter, or performing election administration duties. It creates the same presumption for intimidation of election officials and workers. State and local law enforcement officers acting in official duties are exempt from the presumption, though courts may still consider their firearm possession; National Guard members receive no exemption. Courts may grant relief that includes temporary limits on defendants’ firearm carrying.