The SHIELD Our Elections Act, introduced by Reps. George Whitesides and Zoe Lofgren with 35 other House Democrats, would let people harmed by armed interference or intimidation at the polls sue in federal court, extend the statute of limitations for those crimes to nine years and restrict when law enforcement may seize ballots.
With the Nov. 3 midterm elections nine days away, Rep. Zoe Lofgren of San Jose has joined Rep. George Whitesides, a first-term Democrat from Santa Clarita, in introducing legislation that would add new federal protections around polling places and ballots. The bill, the SHIELD Our Elections Act, short for Stop Harassment and Intimidations in Elections through Legal Defenses, was introduced on Oct. 22 as H.R. 10907 and referred to the House Judiciary and House Administration committees, according to a bill summary. Mr. Whitesides is the sponsor; Ms. Lofgren, a former chair of the House Administration Committee, is the co-lead.
What the bill does
The measure has three parts, according to the text posted by Mr. Whitesides’s office.
Title I creates a private right of action. A person “aggrieved by a violation of section 592, 593, or 594 of title 18” of the U.S. Code, the federal laws against stationing troops at polling places, interference by members of the armed forces and voter intimidation, could sue in federal district court for a declaratory judgment or an injunction to prevent or stop the violation, and could recover attorney fees if they prevail. The sponsors’ summary says the bill lets “State Attorneys General and impacted voters” sue; the bill text itself refers to any aggrieved person and does not name attorneys general.
The same title would extend the statute of limitations for those offenses from five years to nine. The sponsors say that would allow “future administrations” to bring cases “for past actions.”
Title II would bar state or federal law enforcement from seizing ballots, election records or voting equipment before any recount, audit or legal challenge to the election is conclusively resolved. The exception: a federal district judge may allow a seizure if there is “clear and convincing evidence” that the materials are at risk of being destroyed. Even then, seized materials would stay in the joint custody of the person authorized to remove them and an election officer designated by the court, with a chain-of-custody record and access for the local election official.
Title III would authorize $50 million in fiscal 2027 for Election Assistance Commission grants to help states run online systems that let absentee voters track their ballots.
A Senate companion, S. 5124, was introduced in July by Sen. Alex Padilla of California and referred to the Rules Committee, according to Congress.gov. Its cosponsors are Senators Tammy Baldwin, Richard Blumenthal, John Hickenlooper, Mazie Hirono, Angus King, Amy Klobuchar and Elissa Slotkin.
What the sponsors say
“Every eligible American should be able to cast their ballot without fear of intimidation or political interference,” Mr. Whitesides said in a statement. “Our elections belong to the people, not politicians looking to hold onto power.”
Ms. Lofgren pointed to two recent seizures. “We need to protect ballots from being improperly seized like we saw in Fulton County and Riverside County,” she said. “As a former Chair of the House Administration Committee, which oversees federal elections, I’m proud to co-lead this bill with Rep. Whitesides that will defend the integrity of our elections and strengthen accountability for those who commit federal election crimes.” She also directed criticism at the president: “Trump is terrified of facing accountability from America’s voters who have suffered from his policies, so he’s been trying to once again sow chaos and confusion.”
The two cases she cited differ. In Georgia, the FBI seized Fulton County’s 2020 ballots in January under a criminal search warrant. The Justice Department has argued in court that it “used criminal process to get the records—a higher burden than obtaining them through civil process,” and called the county’s claim that the investigation was a pretext “nonsensical,” CNN reported. A federal judge ruled in May that the department could keep the ballots, The Atlanta Journal-Constitution reported.
In California, the seizure was local. Riverside County Sheriff Chad Bianco took custody in February of roughly 650,000 ballots from the November 2025 Proposition 50 special election, and on Sept. 24 the California Supreme Court held that “the seizure of the ballots was unlawful,” The Los Angeles Times reported.
The administration’s position
The Trump administration says its election actions are aimed at ensuring that only eligible citizens vote and that federal law is enforced. In a March 31 executive order, the president wrote that “the right to vote in Federal elections is reserved exclusively for citizens of the United States” and that the federal government has a duty to enforce federal law, “which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes.” The order directs federal agencies to send states lists of confirmed citizens, tells the attorney general to prioritize election-fraud prosecutions and calls for new Postal Service standards for mail ballots.
Attorney General Todd Blanche said on Oct. 22 that “it is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state confirmation process or certification process,” NBC News reported. “What we’re trying to do is guarantee to the American people that the only people that are voting are people that are eligible to vote,” he said. Mr. Blanche declined to rule out Justice Department involvement after the election in what he described as a “doomsday” scenario. The department has sued California seeking a review of about 18,000 registered voters it suspects may be noncitizens, NBC reported.
The delegation and the bill’s prospects
Mr. Whitesides has 36 cosponsors, all Democrats. Northern California members among the original cosponsors are Nancy Pelosi, Lateefah Simon, Kevin Mullin, Sam Liccardo, Doris Matsui, John Garamendi, Mark DeSaulnier and Josh Harder, along with Ms. Lofgren.
No Republican has signed on, and no committee action has been announced in the Republican-led House.
The Inquirer sought comment from the House Science Committee Democrats’ press office, which Ms. Lofgren leads as ranking member, and from election groups including the Honest Elections Project, Verified Voting, the National Association of Secretaries of State and the National Association of State Election Directors on Saturday. The election directors’ association replied that “NASED does not take a position on federal or state legislation.” The others did not respond by publication time.
Ingrid Lindqvist covers Northern California’s members of Congress on Capitol Hill, from committee rooms and floor votes to the bills and spending that reach the region, for The Delegation. More from Ingrid Lindqvist
