The Freedom From Intimidation In Elections Act aims to protect the integrity of elections by prohibiting various forms of intimidation, threats, or coercion related to election activities. The key provisions of the bill include:
Prohibited Actions:
The bill makes it unlawful for an individual to:
Intimidate, threaten, or coerce (or attempt to) anyone in connection with:
Voting or attempting to vote.
Urging or aiding another person to vote.
Exercising duties related to election administration, such as vote counting, canvassing, and certification.
The individual’s role or status as a participant in the administration of elections (both past and present).
The visible carrying of firearms, imitation firearms, or toy firearms while interacting with or observing election activities is presumed to be intimidation, unless proven otherwise.
Enforcement and Legal Actions:
Enforcement: The bill allows an aggrieved individual, election officials, the Secretary of State, or the Attorney General to enforce the bill’s provisions.
Private and Public Lawsuits: A lawsuit filed by election officials, the Secretary of State, or the Attorney General does not prevent private suits by aggrieved individuals.
Relief: Courts can issue an injunction to restrict the use or carrying of firearms by a defendant in election-related areas.
Legal Standards:
In enforcing the bill, intent to intimidate, threaten, or coerce does not need to be proven, except for cases involving an attempt to do so. The mere attempt to intimidate is enough to prevail in a lawsuit.
The bill is designed to ensure the safety and security of the electoral process by preventing intimidation and threats, especially through the presence of firearms or other coercive actions during voting or election administration. It seeks to create a legal framework for holding those who attempt to disrupt elections accountable while protecting individuals’ rights to vote and participate in elections without fear of intimidation.
Summary
The bill creates the Freedom From Intimidation In Elections Act,
which prohibits any individual from intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any individual for: •
Voting or attempting to vote;
•
Urging or aiding any individual to vote or attempt to vote;
•
Exercising any powers or duties to administer elections, including vote counting, canvassing, and election certification; or
•
The individual's status as a past or present participant in the administration of elections.
The bill specifies that an individual who carries a visible firearm,
imitation firearm, or toy firearm while interacting with or observing any of the specified election-related activities is presumed, in the absence of any affirmative showing to the contrary, to have engaged in intimidation prohibited by the bill.
An aggrieved individual, an election official, a designated election
official, the secretary of state, or the attorney general may enforce the provisions of the bill. A suit brought by an election official, a designated election official, the secretary of state, or the attorney general does not preclude a contemporaneous private suit by an aggrieved individual to enforce the provisions of the bill.
In a suit to enforce the provisions of the bill, a court may grant
relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in current law. To prevail in a suit to enforce the provisions of the bill, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an attempt to intimidate, threaten, or coerce.
