The Vote Without Fear Act adds a new section to chapter 44 of title 18, U.S. Code, making it a federal offense to knowingly possess a firearm in, or within 100 yards of an entrance to, a “Federal election site” — defined to include buildings where federal polling, ballot processing, or counting takes place. The statute creates exceptions for on-duty law enforcement and certain private security, allows firearms to remain in vehicles if not removed or brandished, and preserves lawful possession in residences, businesses, and private property within the 100-yard range.
The bill imposes a baseline penalty of up to one year imprisonment (or a fine) for unauthorized possession and raises the maximum to five years where the firearm is possessed with intent that it be used in the commission of a crime. Homicides arising from violations are governed by existing federal murder and manslaughter statutes.
For practitioners: the measure creates a new federal criminal tool affecting prosecutors, defense counsel, election officials, property owners hosting polls, and anyone who carries or stores firearms near federal election activities.
At a Glance
What It Does
Creates 18 U.S.C. §935 to ban knowing possession of a firearm in or within 100 yards of an entrance to a defined federal election site, with enumerated exceptions and graduated penalties for ordinary possession versus possession with intent to use in a crime. It ties homicide arising from violations to existing federal homicide statutes.
Who It Affects
Federal, state, and local election administrators and the buildings where federal elections are administered; individuals who carry or store firearms near polling places or ballot-counting centers; federal and local prosecutors and law enforcement tasked with investigating compliance and intent.
Why It Matters
The bill federalizes a buffer-zone rule specific to federal elections, creating a uniform criminal prohibition that intersects with varied state firearm laws and local election logistics. It gives federal prosecutors a direct statutory basis to pursue firearm possession cases near polling places and establishes a distinct intent-based enhancement for criminal use.
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What This Bill Actually Does
The bill defines a “Federal election site” narrowly as a building (or part of a building) where a federal election’s polling, ballot processing, or counting occurs — covering both polling locations and tabulation centers. It then makes it a federal crime to knowingly have a firearm in that place or within 100 yards of an entrance to it, unless a listed exception applies.
The exceptions include on-duty law enforcement and authorized security, leaving firearms lawfully carried by those actors untouched; firearms that remain inside a vehicle within the 100-yard zone so long as they are not removed or brandished; and otherwise lawful possession on private property, in a residence, or in a business located in the zone.
The statute distinguishes two levels of criminality. First, simple unauthorized possession carries a fine and up to one year in prison.
Second, if someone possesses a firearm in the restricted area with intent that it be used to commit a crime, the maximum imprisonment rises to five years. If a homicide occurs in the course of violating the provision or during an attack on a federal election site involving a firearm, the bill routes prosecution to the existing federal murder and manslaughter statutes (sections 1111, 1112, 1113, and 1117), which means standard federal homicide penalties apply.Operationally, the statute turns several practical questions into elements prosecutors must prove: that the location was a Federal election site as defined, that the defendant knew or had reasonable cause to believe the site’s status, that the possession was knowing, and in the enhanced-offense case, that the defendant had intent for criminal use.
The 100-yard measurement is pegged to an entrance, not property lines, and the vehicle/residence/business exceptions limit coverage in ways that create both enforcement relief and potential loopholes.Finally, the bill is a narrow addition to chapter 44 of title 18 (firearms) and includes a clerical amendment adding the new section to the chapter’s table of contents. It does not create a civil enforcement mechanism, permit fee-based security programs, or authorize federal funding for state election security; it is purely criminal in form and leaves implementation and enforcement to existing federal and state agencies and courts.
The Five Things You Need to Know
The bill inserts a new 18 U.S.C. §935 making it unlawful to knowingly possess a firearm in, or within 100 yards of, an entrance to a Federal election site.
It defines a Federal election site as a building or part of a building where a U.S.
state, or local employee administers a federal polling place or processes or counts federal ballots.
Exceptions include on-duty federal/state/local law enforcement and authorized private security, firearms kept inside vehicles if not removed or brandished, and lawful possession inside residences, businesses, or private property within the 100-yard zone.
Penalty structure: unauthorized possession is punishable by up to 1 year imprisonment (or a fine); possession with intent that the firearm be used in a crime raises the maximum to 5 years.
Homicides connected to violations are prosecuted under existing federal statutes for murder, manslaughter, attempt, or conspiracy (18 U.S.C. §§1111, 1112, 1113, 1117) rather than creating a separate homicide penalty in §935.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title — 'Vote Without Fear Act'
Provides the act's short title for citation. Technically minimal, but important for how courts, prosecutors, and defense counsel will refer to the statutory addition in filings and briefs.
New definition of 'Federal election site'
Establishes the control concept for the statute: a Federal election site is a building (or part of one) where a U.S., state, or local employee administers polling or where ballots are processed or counted in a federal election. This limits the offense to locations tied to federal election functions rather than any place where voters gather, which narrows but does not eliminate ambiguity over mixed-use facilities and temporary polling sites.
General prohibition and baseline penalty
Makes it a federal crime to knowingly possess or cause a firearm to be present in or within 100 yards of an entrance to a Federal election site, subject to enumerated exceptions. The penalty for this baseline offense is a fine and/or imprisonment up to one year. Practically, prosecutors must prove knowledge of the location’s status or that the defendant had reasonable cause to believe it was such a site.
Enhanced offense for possession with intent to use in crime
Creates a separate, more serious offense when an individual possesses a firearm in the protected zone with intent that the firearm be used to commit a crime; that offense carries up to five years imprisonment. This shifts the burden toward proving specific criminal intent beyond mere possession, which will influence charging decisions and evidentiary strategies, such as use of messaging, behaviors, or prior acts to establish intent.
Homicide treatment and statutory exceptions
If a person kills another in the course of violating the prohibition or during an attack on a Federal election site using a firearm, prosecution proceeds under existing federal homicide statutes (murder, manslaughter, attempt, conspiracy). The bill also enumerates key exceptions: on-duty law enforcement and authorized private security; firearms kept inside a vehicle (so long as not removed or brandished); and otherwise lawful possession inside residences, businesses, or private property within the 100-yard zone. Those exceptions will be central to many defenses and enforcement decisions, and they create practical distinctions among types of armed presence near polling places.
Clerical amendment to chapter 44 table of sections
Adds the new §935 to the chapter's table of contents. This is procedural but necessary for codification and legal citation; it signals Congress's intent to fold the prohibition into the federal firearms chapter rather than into election statutes.
This bill is one of many.
Codify tracks hundreds of bills on Elections across all five countries.
Explore Elections in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Voters at federal polling locations and ballot-counting centers — the statute aims to reduce visible armed presence near voting functions, which can lower intimidation and improve perceived safety for voters and staff.
- Election officials and poll workers — they gain a federal criminal prohibition to deter armed actors near sites where they administer or process ballots, potentially reducing on-site security incidents and providing a federal enforcement avenue.
- Federal and state prosecutors focused on election-related violence — the statute supplies a clear federal offense tailored to election-site firearm possession, simplifying charge selection when facts fit the statute.
Who Bears the Cost
- Individuals who lawfully carry firearms — especially concealed-carry permit holders or those who store firearms in vehicles near polling places — who must navigate the 100-yard rule and exceptions to avoid criminal exposure.
- State and local election administrators and private property owners hosting polling sites — they may face operational duties to coordinate signage, communicate limits to the public, and work with law enforcement to enforce the new federal restriction.
- Law enforcement agencies and prosecutors — agencies will absorb investigative and enforcement workload (measuring distances, proving knowledge or intent), and prosecutors will need to allocate resources to investigate and litigate intent and exception issues.
Key Issues
The Core Tension
The central dilemma is balancing the targeted public-safety interest in keeping firearms away from active federal election functions against the legal and practical costs of restricting lawful firearm possession nearby: a rule narrow enough to avoid sweeping away property and residence rights or trampling Second Amendment protections risks creating enforcement gaps, while a broad, easily enforced prohibition risks over-criminalizing innocent conduct and producing jurisdictional conflicts with state firearm laws.
The bill raises several implementation and legal questions that officials and courts will need to resolve. First, the 100-yard buffer measured from an 'entrance' is precise on its face but can be operationally tricky: temporary entrances, multi-entrance buildings, and outdoor polling sites complicate where the line is drawn.
Prosecutors must prove a defendant knew or had reasonable cause to believe a location was a Federal election site — a fact-intensive element that could require evidence of signage, media reports, or defendant conduct. The vehicle exception (firearm permitted in vehicle if not removed or brandished) avoids criminalizing mere transportation but invites close factual disputes over when a firearm is “removed” or “brandished.”
Second, the carve-outs for residences, businesses, and private property within the buffer create potential safe havens immediately adjacent to polling locations in mixed-use buildings. That limits the statute's reach in ways that preserve property rights but may leave gaps in protective coverage.
Third, because the statute is grafted onto chapter 44 (firearms), its interaction with diverse state laws — including concealed-carry permits, state buffer zones, and state preemption regimes — will generate jurisdictional tensions and likely litigation on preemption, federalism, and constitutional grounds. Finally, the enhanced mens rea for the 5-year offense (intent to use in a crime) elevates evidentiary burdens; proving that specific intent, rather than mere unlawful possession, will drive investigative priorities and charging practices.
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