HB 25-1225

Abstract

The"Freedom From Intimidation In Elections Act" is created and 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 act 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 by a preponderance of the evidence, to have engaged in intimidation prohibited by the act; except that the presumption does not apply to a law enforcement officer or a uniformed security guard acting within the scope of their authority, and mere possession of a holstered firearm by such an officer or guard while interacting with or observing any of the specified election-related activities does not violate the Act. An aggrieved individual, an election official, a designated election official, the secretary of state, or the attorney general may enforce the provisions of the act. 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 act. In a suit to enforce the provisions of the act, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the existing prohibitions on using or carrying firearms in or near polling locations drop boxes and in or on the property of ceratin types of government buildings. To prevail in a suit to enforce the provisions of the act, 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, but a court may consider evidence of intent in determining the appropriate relief. (Note: This summary applies to this bill as enacted.)