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WATCH: Padilla champions the right to vote free from intimidation or violence

September 26, 2024 - WASHINGTON, D.C. — On Wednesday, U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Rules and Administration Committee and California’s former Secretary of State, and Representative Chris Deluzio (D-Pa.-17) joined election security advocates to introduce bicameral legislation to protect voters and election workers from intimidation and threats of violence at the ballot box. The Freedom from Intimidation in Elections Act would help ensure that every voter and election worker has the right to cast their ballot and conduct their official duties free from fear and intimidation.

The bill would update existing anti-intimidation provisions of the Voting Rights Act of 1965 to limit the presence of visible firearms at locations where voters cast their ballot or election workers perform their official duties, empowering poll workers and election officials to continue safely administering elections. U.S. Senators Chris Murphy (D-Conn.), Richard Blumenthal (D-Conn.), Laphonza Butler (D-Calif.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Chris Van Hollen (D-Md.), and Sheldon Whitehouse (D-R.I.) are cosponsoring the bill in the Senate, and Representative Raul Ruiz (D-Calif.-25) is cosponsoring the bill in the House of Representatives.

The right to vote is a central pillar of American democracy, but rising political violence against voters and poll workers threatens election security. False allegations of widespread voter fraud have further increased tensions at election centers. 38 percent of election workers have reported experiencing threats, harassment, or abuse as of May 2024.

“In no corner of America should the fear of violence prevent voters from casting their ballot or keep elections workers from showing up to work,” said Senator Padilla. “Unfortunately, we have a long, dark history of voter suppression and intimidation in America, reignited by partisan rhetoric and false narratives about election fraud. That’s why our bicameral bill would keep visible firearms out of election centers to ensure election workers can do their jobs and all Americans feel safe exercising their right to vote.”

“The right to vote is foundational to our democracy, and to protect that right we must keep polling places and official ballot drop sites free from intimidation,” said Representative Deluzio. “With the rising risk of political violence and ongoing attacks on our democracy, it’s clear that we need action to strengthen the sanctity of our elections. The Freedom from Intimidation in Elections Act of 2024 would help protect the rights of America’s voters and election workers so that they can vote and perform their official duties free from intentional intimidation and threats of violence. I’m proud to introduce this bill today alongside fellow election security advocates.” 

“The presence of firearms at polling places isn’t just dangerous—it’s a direct threat to our democratic process. As armed extremists fueled by rumors and conspiracy theories increasingly show up at the polls to bully voters and election workers, our message is clear: intimidation has no place at the ballot box. This legislation would take important steps to ensure every American feels safe to make their voice heard on election day,” said Senator Murphy.

“Americans should be able to cast their votes without the threat of intimidation and harassment. That is why I introduced the Vote Without Fear Act,” said Representative Ruiz. “I am excited to help lead the Freedom from Intimidations Act to continue to build on the progress we’ve made working towards a future where polling places are safer for workers and voters.” 

Specifically, the Freedom from Intimidation in Elections Act would:

• Amend Section 11(b) of the Voting Rights Act to establish a rebuttable presumption that a person carrying a visible firearm while engaging in election-related activities is engaging in voter intimidation.

• Provide civil remedies for individuals who experience this type of intimidation, including an emergency injunction that would allow the voter or election official to carry out their duties in peace.

• Recognize an exception for law enforcement officers acting within their official duties. 

Yesterday, California Governor Gavin Newsom signed a bill into law to create these critical protections in California.

The Freedom from Intimidation in Elections Act is endorsed by organizations including the Brennan Center for Justice at NYU Law, GIFFORDS, Newtown Action Alliance, Brady: United Against Gun Violence, Everytown for Gun Safety, March for Our Lives, Institute for Responsive Government, League of Conservation Voters, Center for American Progress, End Citizens United Action Fund, Common Cause, Defend the Vote Action Fund, Fair Elections Center, Democracy SENTRY, League of Women Voters, Public Citizen, Faith in Public Life Action, Sierra Club, and Voto Latino.

“Congress must pass the Freedom from Intimidation in Elections Act. We are grateful to Representative Deluzio, Senator Padilla, and other members of Congress for their work to keep our elections safe for everyone involved in the process. This legislation would bolster federal protections that empower voters, election officials, and election workers to seek legal recourse if they are intimidated. The bill would help protect our democracy by keeping intimidation and violence out of voting,” said Sean Morales-Doyle, Director of the Voting Rights Program, Brennan Center for Justice at NYU Law.

“Over the last four years, election officials have faced unprecedented threats and challenges. Immediately following the 2020 election, there was a deliberate effort to intimidate and terrorize election officials,” said Kathy Boockvar, former Pennsylvania Secretary of the Commonwealth and President of Athena Strategies LLC. “This has got to stop. This bill is a critical part of the solution. The Freedom from Intimidation in Elections Act aims to protect voters and election workers by ensuring that voters can cast their ballots — and election workers can do their jobs – free of intimidation, during all stages of the election process from vote casting to canvassing to certification.”

“All of our rights, including our rights to breathe clean air and drink clean water, depend on voters’ freedom to vote, which includes freedom from violence, intimidation, and fear while they make their voices heard,” said Doug Lindner, Senior Director of Judiciary & Democracy at the League of Conservation Voters. “LCV is proud to stand with Representative Chris Deluzio and Senator Alex Padilla in support of the Freedom from Intimidation in Elections Act to ensure every eligible voter can safely register, vote, and have their vote counted.” 

“It’s paramount for the health of our democracy that election officials can peacefully administer free and fair elections and Americans are able to exercise their constitutional right to vote without fear or intimidation,” said Center for American Progress Associate Director of Democracy Policy Greta Bedekovics. “Threats towards election officials have continued to persist while federal law enforcement have warned about the possibility of election-related violence. Congressional action like passing the Freedom from Intimidation in Elections Act is desperately needed to protect American democracy and ensure that elections reflect the will of the people. Congress must fulfill its duty to protect the Constitution and that means protecting elections.” 

“Intimidation has no place in our democracy,” Michelle Kanter Cohen, Policy Director and Senior Counsel at Fair Elections Center. “We need changes in our laws that make sure every American voter—no matter what state they live in—can vote safely and freely. We need the Freedom from Intimidation in Elections Act to help make sure that the election workers who keep our democracy going can serve without fear, and that voters can safely have their voices heard.”

“The League of Women Voters of the United States is proud to support the Freedom from Intimidation in Elections Act, which will enshrine in law that every voter should have the right to cast their ballot free from fear and intimidation,” said Jessica Jones Capparell, Interim Senior Director of Advocacy and Litigation at the League of Women Voters of the United States. “This legislation reflects a growing recognition that the integrity of our elections must be preserved in the face of increasing threats. The chilling reality of armed protesters gathering outside ballot-counting facilities and the armed surveillance of drop boxes during the 2020 election has highlighted the urgent need for stronger legislation and safeguards in this bill. The League of Women Voters stands firmly in support of this bill to ensure that every voter can participate without fear.”

“Passage of the Freedom from Intimidation in Elections Act will help protect the dedicated Americans who keep our elections running,” said Sam Oliker-Friedland, Executive Director, Institute for Responsive Government. “The current threat environment means that election officials are devoting scarce resources to bullet proof glass, metal detectors, and security guards. Effectively protecting election officials from intimidation, which this bill will help to do, will ensure that election officials can allocate money towards core tasks like cybersecurity upgrades and increasing accessibility for eligible voters. We already know elections are severely underfunded, but Congress has the power to make a significant difference for election officials across the nation by supporting the Freedom from Intimidation in Elections Act. It’s high time Congress puts those who safeguard our democracy above radical weapons of coercion by supporting this bill.” 

Senator Padilla is a champion for more robust voting rights, bipartisan election administration reforms, and increased funding to modernize and secure our elections. Last month, Padilla called on the U.S. Department of Justice (DOJ) Civil Rights Division to investigate the recent targeted raids of several Latino voting rights organizers, officials, and candidates by Texas Attorney General Ken Paxton’s election integrity unit. He also joined 21 of his colleagues in urging DOJ to take further action to counter threats targeting election workers ahead of the upcoming election. Additionally, Padilla recently introduced legislation to address the significant impact that election administration-related disinformation, made more pervasive with the use of Artificial Intelligence, has on communities of color. He is a staunch supporter of the Freedom to Vote Act, legislation he and Senate Democrats introduced to improve access to the ballot for Americans, advance commonsense federal election standards and campaign finance reforms, and protect our democracy.

Photos and clips from the press conference are available here. 

A one-pager on the bill is available here.

Full text of the bill is available here.
Source: Senator Alex Padilla