Padilla Unveils Legislation to Counter Trump’s Attacks on American Elections

New bill would provide State AGs and voters with ability to enforce federal election protections and protect voters' ballots from seizure

WASHINGTON, D.C. - As President Trump escalates his efforts to interfere in the administration of American elections ahead of the upcoming 2026 midterms, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Rules Committee with oversight over federal elections and California's former Secretary of State, introduced the Stop Harassment and Intimidations in Elections through Legal Defenses (SHIELD) Our Elections Act, legislation that would provide State Attorneys General and voters with a private right of action to enforce federal anti-election interference laws and extend the statute of limitations for bringing federal criminal prosecutions for violations of those laws from five to nine years. Following the seizure of ballots in Riverside County, Calif. and Fulton County, Ga., the bill also further protects ballots from seizure - especially prior to an election being finally settled.

"Donald Trump has said he regrets not sending federal forces to seize election equipment in 2020 and he has made clear he'll do whatever it takes to put his thumb on the scale of future elections - even if it means intimidating voters, persecuting election officials, or abusing federal power," said Senator Padilla. "Trump's cabinet refuses to rule out sending federal forces to the polls, so we can't wait until after the damage is done to act. Our elections belong to the voters, and I am fighting to protect every eligible voter's right to cast a ballot freely and sending a warning that anyone who interferes with our democracy will be held accountable - sooner or later."

The SHIELD Our Elections Act creates a private right to action for State Attorneys General and voters to enforce federal anti-interference laws protecting polling locations and election sites, extends the statute of limitations for election related crimes so that future administrations can enforce them, restricts the seizure of ballots and election equipment from election officials, especially prior to the final resolution of election outcomes, and authorizes a voluntary grant program to support states who have mail and absentee ballot tracking programs to provide confidence and security for voting by mail or drop box. Padilla's legislation comes following California's recently enacted SB 73, which prevents election interference at the state level, and the legislation is a proactive federal response to the Trump Administration's escalating attacks on voting rights and election administration ahead of the 2026 midterms.

Specifically, the bill would secure federal elections by:

• Allowing State Attorneys General and impacted voters to sue when federal officials unlawfully interfere with or intimidate them at polling places;
• Strengthening accountability by extending the statute of limitations from five to nine years for key federal election crimes, including interference by armed forces and voter intimidation, to enable them to be brought by future administrations for past actions; and
• Protecting ballots from improper seizure by limiting when state or federal law enforcement may seize ballots or election equipment and requiring court-authorized election officials to maintain joint custody whenever materials must be seized, especially prior to the resolution of an election.

In addition to Padilla, the bill is cosponsored by Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Amy Klobuchar (D-Minn.), and Elissa Slotkin (D-Mich.).

"Voting is the fundamental right from which all other rights flow. That's why, in the face of threats to our democracy, California has led the way in enacting laws that strengthen the security of our elections. I'm grateful Senator Padilla is now championing the SHEILD Our Elections Act, which would extend these important safeguards nationwide and provide additional protections. Every voter, in every corner of the country, deserves to cast a ballot free from intimidation and interference," said California Attorney General Rob Bonta.

"Our nation's elections must always be free from intimidation and unlawful interference from any source. Senator Padilla's bill strengthens existing protections and holds accountable those who violate federal laws specifically designed to protect our democracy," said California Secretary of State, Shirley N. Weber, Ph.D. "Every voter, election worker, and election official deserves the confidence in knowing that casting a ballot and administering an election are protected every step of the way."

As California's former Secretary of State, Padilla knows first-hand the importance of taking proactive steps to protect the fundamental right to vote:

• To commemorate the legacy of former Congressman and civil rights advocate John Lewis, Padilla hosted a voting rights breakfast roundtable with interfaith and civil society organizations and members of the Senate Democrats' Election Protection Task Force to discuss their concerns about the Administration's ongoing threats to federal elections.
• Padilla and Democratic Leader Chuck Schumer (D-N.Y.) convened a Rules Committee Democrats and Senate Democrats' Election Protection Task Force spotlight forum focused on state and local responses to combat efforts by the Trump Administration to undermine election administration in the upcoming midterm elections.
• Padilla and his Senate colleagues also demanded answers from Trump Administration officials about their lack of election security preparation, insufficient coordination with Congress and election officials, and unsupported public claims about voting system vulnerabilities.

The need for this legislation has been underscored by recent ballot seizures in Riverside County. Calif. and Fulton County, Ga., threats by Trump allies to send federal forces to the polls, and Trump officials' refusal to confirm that they will follow clear federal laws that prohibit this kind of election interference.

Full text of the bill is available here.

One-pager of the bill is available here.

###