Master State Bill Template¶

Overview¶

This Master State Bill Template provides model legislative language for state legislatures seeking to enforce 18 U.S.C. § 592 — the federal prohibition on armed troops at polling places — through state-level criminal and civil penalties. It is the state-level companion to the Master Ordinance Template, which provides model language for municipal ordinances.

Why state legislation is needed alongside municipal ordinances:

Municipal ordinances operate through non-cooperation — declining to allocate local resources to support armed federal personnel at polling places. This is constitutionally protected under the anti-commandeering doctrine but limited in reach: cities can refuse to help, but they cannot penalize the underlying conduct.

State legislation operates at a fundamentally different level. States can:

Create criminal penalties for deploying armed federal personnel to polling places, enforceable by state prosecutors
Establish civil enforcement with private rights of action, allowing voters and election officials to sue for injunctive relief and damages
Direct statewide officials — the Attorney General, Secretary of State, and county clerks — to act as enforcement agents
Establish emergency procedures covering every county, not just cities that pass ordinances
Mandate expedited judicial review so that cases are resolved before or on Election Day, not months later

Proven Template

New Mexico's SB 264, signed into law on March 9, 2026, is the first state law in the nation to create state-level penalties for deploying armed federal agents to polling places. This template draws directly from SB 264's strongest mechanisms while incorporating additional provisions from pending legislation in California, Connecticut, Virginia, and Washington. Every operative section has been enacted or introduced in at least one state legislature.

Key design principles:

Enforce existing federal law — the bill supports 18 U.S.C. § 592, not conflicts with it
Create parallel state enforcement that bypasses the federal executive's structural conflict of interest in prosecuting its own deployments
Provide civil remedies with attorney fee shifting to incentivize private enforcement
Establish emergency procedures so elections continue even when polling sites are compromised
Reaffirm state constitutional authority over election administration under the Elections Clause (Art. I, § 4)
Maintain non-obstruction boundaries — the bill governs state enforcement and resource allocation, not federal operations conducted with exclusively federal resources

How This Template Relates to the Master Ordinance Template¶

Feature	Municipal Ordinance	State Bill
Mechanism	Non-cooperation — withholds local resources	Active enforcement — creates penalties
Criminal penalties	None	Fourth-degree felony (or state equivalent)
Civil enforcement	None (Section 12 disclaims private right of action)	Private right of action with fee shifting
Scope	Single municipality	Statewide — every county, every polling place
Emergency procedures	Not included	Secretary of State / county clerk authority
Enforcement agents	Municipal employees only	AG, SOS, county clerks, and individual voters
Data protection	Municipal databases only	Statewide voter rolls and election records
Legal basis	Anti-commandeering doctrine + police power	State sovereignty over elections + enforcement of federal law
Best for	Cities in states where state legislation is blocked	States with governor willing to sign

The Two Tracks Work Together

In states where the governor will sign this bill, pass it. In states where the governor will veto, use the Master Ordinance Template for municipal action. In states where both tracks are viable, pursue both — the state bill provides the statewide floor while municipal ordinances can go further on data protection, equipment custody, and community oversight.

Model Bill¶

A BILL¶

FOR AN ACT RELATING TO ELECTIONS; CREATING THE [STATE] ELECTION PROTECTION ACT; PROHIBITING THE DEPLOYMENT OF ARMED FEDERAL PERSONNEL TO POLLING PLACES; ESTABLISHING CRIMINAL AND CIVIL PENALTIES FOR ELECTION INTERFERENCE; PROVIDING CIVIL ENFORCEMENT MECHANISMS; ESTABLISHING EMERGENCY ELECTION PROCEDURES; AMENDING [RELEVANT ELECTION CODE SECTIONS]; DECLARING AN EMERGENCY.

ARTICLE 1 — FINDINGS, PURPOSE, AND DEFINITIONS¶

Section 1. Short Title.

This act may be cited as the "[STATE] Election Protection Act."

Adaptation Note

Choose a short title appropriate to the state's political environment. Alternatives include "[State] Free Elections Act," "[State] Polling Place Protection Act," or "[State] Election Sovereignty Act." In conservative-leaning states where divided government makes passage possible, "Election Sovereignty" framing emphasizes state authority over federal overreach and may attract bipartisan support.

Section 2. Findings.

The legislature finds that:

(a) The Constitution of the United States, in Article I, Section 4 and Article II, Section 1, vests the primary responsibility for conducting elections in the several states, and the decentralized administration of elections serves as a fundamental structural safeguard of democratic self-governance;

(b) 18 U.S.C. § 592 prohibits any person "in the civil, military, or naval service of the United States" from ordering, bringing, keeping, or having under their authority or control "any troops or armed men at any place where a general or special election is held," except when "necessary to repel armed enemies of the United States," and imposes a penalty of up to five years imprisonment and permanent disqualification from federal office;

© 52 U.S.C. § 10307(b) (Voting Rights Act § 11(b)) prohibits voter intimidation, and courts have consistently held that the intimidating effect of armed presence at or near polling locations raises serious concerns of voter intimidation, without requiring proof of intent, as confirmed in Arizona Alliance for Retired Americans v. Clean Elections USA, No. CV-22-01823 (D. Ariz. 2022);

(d) Despite the severity of 18 U.S.C. § 592, the statute has never produced a reported federal conviction, because its enforcement depends entirely on the federal executive branch — the same branch that could order the deployments it prohibits — creating a structural enforcement gap that state legislation is uniquely positioned to fill;

(e) In Newsom v. Trump (N.D. Cal., September 2, 2025), the court rejected arguments that would have disabled judicial enforcement of 18 U.S.C. §§ 592–593, holding that it would be "ahistorical and illogical" to leave prosecution solely to the government ordering the interference;

(f) The anti-commandeering doctrine established in Printz v. United States, 521 U.S. 898 (1997), and Murphy v. NCAA, 138 S. Ct. 1461 (2018), confirms that the federal government may not compel state or local governments to participate in federal programs or enforce federal law, and this principle applies with equal force to state governments declining to facilitate conduct that federal law criminalizes;

(g) The [STATE] Constitution, [ARTICLE AND SECTION — e.g., "Article II, Section 17"], [protects the right to free and open elections / provides that elections shall be free and equal / guarantees the right of suffrage free from interference], and this act implements that constitutional guarantee;

(h) The presence of armed federal law enforcement personnel, including but not limited to officers of Immigration and Customs Enforcement, Customs and Border Protection, the Federal Bureau of Investigation, the United States Marshals Service, or any branch of the United States Armed Forces, at or near locations where ballots are cast or deposited, would have a chilling effect on voter participation and would undermine public confidence in the integrity of elections conducted within this state;

(i) The [STATE] has a sovereign interest in protecting the integrity of elections administered by its officials and ensuring that all eligible voters can exercise their right to vote without fear, intimidation, or interference from federal authorities acting in contravention of federal law.

Adaptation Note — State Constitutional Provisions

Finding (g) should reference the state's specific constitutional election clause. Many state constitutions contain language directly on point. Examples:

New Mexico Art. II, § 17: "no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage"
Arizona Art. II, § 21: "All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage"
California Art. II, § 2: "A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted"
Michigan Art. II, § 4: "Every citizen of the United States who is an elector qualified to vote in Michigan shall have... the right... to have the results accurately counted and reported"

Consult your state guide for the specific constitutional provision.

Section 3. Definitions.

As used in this act:

(a) "Acting under color of law" means acting or purporting to act in the performance of official duties under any federal, state, or local law, regulation, custom, or usage, whether or not the action is within the scope of the person's lawful authority. This includes any person exercising authority granted by federal deputation, memorandum of agreement, joint task force assignment, or similar arrangement.

(b) "Armed" means carrying, bearing, or having immediate access to a firearm, conducted electrical weapon, chemical agent, impact weapon, or other instrument designed or readily adaptable to cause death or serious bodily injury.

© "Ballot deposit site" means any location designated by election officials for the deposit of voted ballots, including staffed ballot drop boxes, monitored secured ballot containers, and unstaffed but monitored drop box locations.

(d) "Election period" means the period beginning on the first day on which early voting, absentee in-person voting, or any other form of in-person ballot casting is conducted in any election administered within this state, and ending when the last polling place in the state closes on Election Day.

Adaptation Note

Adjust the election period definition to match the state's voting calendar. States with extensive early voting (e.g., 45 days in California, 28 days in New Mexico) will have a longer election period. States without early voting should define this as the 24-hour period covering Election Day. The broader the election period, the stronger the protection — but also the broader the potential legal challenge. NM SB 264 uses "beginning twenty-eight days before an election."

(e) "Election site" means:

(1) Any polling place, early voting location, vote center, or other location designated for in-person ballot casting;

(2) Any ballot deposit site;

(3) Any facility used for ballot processing, canvassing, or tabulation;

(4) Any facility used for the storage of voted or unvoted ballots, voting equipment, or election records;

(5) The parking area serving any location described in paragraphs (1) through (4).

(f) "Federal personnel" means any person in the civil, military, or naval service of the United States, as that phrase is used in 18 U.S.C. § 592, including but not limited to:

(1) Members of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard;

(2) Members of the National Guard when called into federal service under 10 U.S.C. § 12406 or the Insurrection Act (10 U.S.C. §§ 251–255);

(3) Officers, agents, and employees of the Department of Homeland Security, including Immigration and Customs Enforcement, Customs and Border Protection, the United States Secret Service, and the Transportation Security Administration;

(4) Officers, agents, and employees of the Department of Justice, including the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the United States Marshals Service;

(5) Any person acting under the direction, supervision, or authority of any agency or individual described in paragraphs (1) through (4);

(6) Any state or local officer while operating under federal deputization, a 287(g) agreement, a joint task force assignment, or any similar federal-state cooperation agreement that places the officer under federal authority.

(g) "Monitoring zone" means the area within fifty feet of a ballot deposit site.

(h) "Peace officer" means a state or local law enforcement officer as defined by [STATE STATUTE — e.g., "Section XX-XX-XX of the [State] Code"], acting within the scope of their duties as authorized by state or local law and not operating under federal deputization or federal authority.

(i) "Protected zone" means the area within and including an election site and its associated parking area, and the area within fifty feet of any monitored ballot deposit site, during an election period.

ARTICLE 2 — PROHIBITION ON ARMED FEDERAL PERSONNEL AT ELECTION SITES¶

Section 4. Prohibition.

(a) It is unlawful for any person, whether acting under color of law or otherwise, to order, bring, keep, or have under their authority or control any armed federal personnel at, within, or in the immediate vicinity of any protected zone during an election period.

(b) It is unlawful for any person, whether acting under color of law or otherwise, to order, bring, keep, or have under their authority or control any armed federal personnel within any monitoring zone during an election period.

© The prohibitions in this section apply regardless of whether the armed federal personnel are engaged in activities purportedly related to election administration, election security, voter eligibility verification, immigration enforcement, or any other purpose.

Critical Design Choice

Subsection © is essential. Without it, federal agencies could argue their presence at polling places serves a purpose other than election interference — such as immigration enforcement — and therefore falls outside the statute. NM SB 264 addressed this by making the prohibition apply regardless of the stated purpose of the deployment. This subsection closes that loophole.

Section 5. Exceptions.

The prohibitions in Section 4 shall not apply to:

(a) Armed federal personnel whose presence is necessary to repel armed enemies of the United States, as provided in 18 U.S.C. § 592;

(b) Armed federal personnel who are present at an election site solely to cast their own ballots as qualified voters, provided they are not acting in an official capacity or performing official duties;

© State or local peace officers performing duties assigned by the [Secretary of State / county clerk / chief election official] or a precinct election judge, provided they are not operating under federal deputization or federal authority during the election period;

(d) Armed federal personnel responding to a request from the [Secretary of State / county clerk / chief election official] to address a specific, documented emergency at an election site involving an imminent threat of death or serious bodily injury, provided that:

(1) The request is made in writing or, if circumstances require, confirmed in writing within two hours;

(2) The response is limited in scope and duration to the specific emergency;

(3) The [Secretary of State] is notified within twelve hours of any such request.

Adaptation Note — Peace Officer Exception

The peace officer exception in subsection © must be carefully drafted to avoid creating a backdoor for federal agents operating under state authority. The key qualifier is "not operating under federal deputization or federal authority." In states with 287(g) agreements or joint task force arrangements, officers in those programs would be considered federal personnel under Section 3(f)(6) when performing federal duties and would not qualify for this exception.

ARTICLE 3 — INTERFERENCE WITH ELECTIONS¶

Section 6. Interference with Elections.

(a) A person commits interference with elections if the person, whether acting under color of law or otherwise:

(1) Intentionally obstructs or attempts to obstruct access to an election site during an election period;

(2) Intentionally intimidates or attempts to intimidate a voter, election official, election worker, challenger, or watcher while that person is engaged in the exercise or discharge of their duties or rights related to an election;

(3) Intentionally interferes with the conduct of an election or with an election official in the discharge of the official's duties;

(4) Attempts to impose any law, rule, order, or change to voter qualifications or election procedures that conflicts with the election laws of this state, except as expressly authorized by a court of competent jurisdiction;

(5) Seizes, impounds, or removes from state or local custody any ballots, election records, voting equipment, or voter registration data without a court order issued by a [STATE] court of competent jurisdiction or a federal court of competent jurisdiction, except that this paragraph shall not apply to activities conducted pursuant to a lawful, court-ordered post-election audit or recount.

(b) This section applies to any person, including a person acting under color of federal law, state law, or local law.

Section 7. Penalties.

(a) A person who violates Section 4 is guilty of a [fourth-degree felony / Class __ felony / state equivalent] and upon conviction shall be sentenced to a term of imprisonment of not more than [eighteen months / __ years] and a fine of not more than [$5,000 / $__].

(b) A person who violates Section 6(a)(1) through (4) is guilty of a [fourth-degree felony / Class __ felony / state equivalent] and upon conviction shall be sentenced to a term of imprisonment of not more than [eighteen months / __ years] and a fine of not more than [$5,000 / $__].

© A person who violates Section 6(a)(5) is guilty of a [third-degree felony / Class __ felony / state equivalent] and upon conviction shall be sentenced to a term of imprisonment of not more than [three years / __ years] and a fine of not more than [$10,000 / $__].

(d) Each election site at which a violation occurs constitutes a separate offense.

(e) Criminal penalties under this section are in addition to, and not in lieu of, any penalties available under federal law, including 18 U.S.C. § 592 and 18 U.S.C. § 594.

Adaptation Note — Penalty Classification

Match the felony classification to your state's criminal code structure. NM SB 264 uses a fourth-degree felony for most provisions (carrying up to 18 months imprisonment in New Mexico). The seizure-of-election-materials provision (Section 6(a)(5)) should carry a higher penalty because it strikes at the heart of election integrity — the unauthorized removal of ballots is categorically more dangerous than an unauthorized presence at a polling place.

For states where felony classification may be politically difficult, an alternative is to classify the polling-place-presence violation (Section 4) as a gross misdemeanor with enhanced penalties, while keeping the seizure and intimidation provisions as felonies.

ARTICLE 4 — CIVIL ENFORCEMENT¶

Section 8. Private Right of Action.

(a) Any of the following persons may bring a civil action in [STATE] district court to enforce the provisions of this act:

(1) The Attorney General;

(2) The Secretary of State;

(3) A county clerk or other local election official;

(4) Any registered voter in this state whose ability to cast a ballot has been or is reasonably likely to be impaired by a violation of this act;

(5) Any election worker, challenger, or watcher whose ability to perform their duties has been or is reasonably likely to be impaired by a violation of this act.

(b) A civil action under this section may be brought:

(1) For injunctive relief, including a temporary restraining order, preliminary injunction, or permanent injunction;

(2) For declaratory relief;

(3) For civil penalties of not more than fifty thousand dollars ($50,000) per violation, with each election site at which a violation occurs constituting a separate violation;

(4) For actual damages, including compensation for any voter who was deterred from voting or experienced delay in voting as a result of a violation;

(5) For reasonable attorney fees, expert witness fees, and costs of litigation, to be awarded to any prevailing plaintiff.

Why This Matters

The private right of action is the single most important enforcement mechanism in the template. Without it, enforcement depends entirely on the AG and SOS — officials who may be sympathetic but who face political and resource constraints. Voter standing means that any affected voter can walk into court and seek an injunction. Attorney fee shifting means that civil rights attorneys can take these cases on contingency. Together, these provisions create a self-enforcing statute that does not depend on any single official's willingness to act.

NM SB 264 includes all of these mechanisms. The $50,000 per-violation civil penalty matches SB 264.

Section 9. Expedited Judicial Review.

(a) Any civil action filed under Section 8 within thirty days before or during an election period shall be subject to expedited review. The court shall:

(1) Schedule a hearing on any request for a temporary restraining order or preliminary injunction within forty-eight hours of filing, or as soon thereafter as practicable;

(2) Give priority to the action on the court's docket over all other civil matters, excepting only matters involving imminent threats to life or liberty;

(3) Issue a ruling on any request for injunctive relief within five calendar days of the hearing, unless exceptional circumstances require additional time.

(b) A court may issue a temporary restraining order under this section without notice to the adverse party if:

(1) The applicant demonstrates that immediate and irreparable injury is likely before the adverse party can be heard; and

(2) The applicant certifies the efforts made to give notice or the reasons why notice should not be required.

© Notwithstanding any other provision of law, a bond shall not be required for the issuance of a temporary restraining order or preliminary injunction under this section when the plaintiff is the Attorney General, the Secretary of State, a county clerk, or an individual voter acting pro se or through a nonprofit legal organization.

Adaptation Note — Expedited Review

The 48-hour hearing requirement and 5-day ruling deadline are aggressive but necessary. Election interference that isn't stopped before Election Day cannot be remedied after it. Courts routinely apply expedited timelines in election cases — the template codifies this practice so that it applies automatically rather than depending on individual judicial discretion.

The bond waiver in subsection © is important for removing financial barriers to enforcement. Without it, a voter seeking a TRO could be required to post a bond that they cannot afford, effectively nullifying the private right of action.

ARTICLE 5 — EMERGENCY ELECTION PROCEDURES¶

Section 10. Emergency Authority.

(a) If any election site is rendered unsafe, inaccessible, or inoperable due to the presence of armed federal personnel in violation of this act, or due to any other act of interference with elections, the [Secretary of State / chief election official] may:

(1) Designate an emergency replacement election site within the same precinct or as close to the original site as practicable;

(2) Extend voting hours at affected or replacement election sites, subject to court approval if the extension exceeds [two hours / __ hours];

(3) Authorize the deployment of mobile voting units to serve voters displaced from the affected election site;

(4) Authorize the use of emergency paper ballots if electronic voting equipment is inaccessible or compromised;

(5) Issue an emergency order directing county clerks to take such actions as are necessary to ensure the continuity of voting.

(b) The county clerk responsible for the affected election site shall:

(1) Immediately notify the [Secretary of State] and the district attorney of the county in which the affected site is located;

(2) Post notice of any site relocation at the original election site and at the replacement site;

(3) Make reasonable efforts to notify voters of the relocation through available communication channels, including the county's website, social media, local media, and signage;

(4) Ensure that voters who arrive at the original election site are directed to the replacement site or provided with a provisional ballot.

© A county clerk may request the assistance of state or local peace officers to maintain order at a replacement election site. Such officers shall operate under the direction of the county clerk or the clerk's designee for purposes of election operations.

Section 11. Emergency Ballot Delivery.

(a) If a declared emergency — including a natural disaster, public health emergency, or election interference event — disrupts the ability of voters to access election sites or the ability of election officials to deliver or process ballots, the [Secretary of State] may authorize:

(1) Secure electronic delivery of ballots to affected voters, subject to the security protocols established by the [Secretary of State] by rule;

(2) Extended deadlines for the receipt of mailed ballots from affected areas, not to exceed [seven / __ ] days beyond the original deadline;

(3) Establishment of additional ballot deposit sites in affected areas.

(b) Any emergency measures authorized under this section shall be:

(1) Narrowly tailored to the geographic area and voter population affected by the emergency;

(2) Applied on a nonpartisan basis;

(3) Documented in writing and reported to the legislature within thirty days.

Adaptation Note — Emergency Procedures

NM SB 264 includes emergency polling relocation provisions specifically for natural disasters (wildfires, flooding) that were extended to cover election interference scenarios. The template separates physical-site emergencies (Section 10) from broader ballot-delivery emergencies (Section 11) because they require different mechanisms.

For states that are primarily vote-by-mail (Oregon, Washington, Colorado, Utah, Hawaii), Section 10 should be adapted to focus on ballot processing centers rather than polling places, and Section 11 becomes the primary emergency provision.

ARTICLE 6 — STATE SOVEREIGNTY AND NON-COOPERATION¶

Section 12. Reaffirmation of State Authority.

(a) The state of [STATE] reaffirms its sovereign authority over the administration of elections within its borders, as vested by Article I, Section 4 and Article II, Section 1 of the United States Constitution and by [STATE CONSTITUTION ARTICLE AND SECTION].

(b) No executive order, directive, memorandum, or rule issued by the federal executive branch shall alter the voter qualifications, election procedures, or election administration practices established by the laws of this state, except as expressly authorized by an act of the United States Congress and consistent with the United States Constitution.

© No state or local official shall enforce, implement, or comply with any federal directive that purports to alter voter qualifications or election procedures in a manner inconsistent with the laws of this state, unless and until a court of competent jurisdiction orders compliance.

Section 13. Limitations on State and Local Cooperation.

(a) During an election period, no state or local resources — including personnel, equipment, facilities, databases, or funds — shall be used to support the deployment, staging, or operations of armed federal personnel within any protected zone, except as provided in Section 5.

(b) No state or local law enforcement officer shall accept federal deputization, including through 287(g) agreements, joint task force assignments, or similar arrangements, for any purpose related to election monitoring, election enforcement, voter eligibility verification, or any activity within a protected zone during an election period.

© No state or local official shall disclose to any federal agency the location of election sites that are not otherwise publicly available information, for any purpose related to the deployment of federal personnel during an election period.

(d) Nothing in this section shall be construed to:

(1) Interfere with any federal officer's independent exercise of federal authority using exclusively federal resources;

(2) Obstruct, impede, or physically prevent any federal law enforcement activity;

(3) Provide false information to any federal agent or agency;

(4) Conceal, harbor, or shield any individual from federal law enforcement;

(5) Prohibit any federal agent from casting their own ballot as a qualified voter.

Critical Design Choice — The Non-Obstruction Clause

Section 13(d) mirrors Section 9 of the Master Ordinance Template and serves the same essential purpose: maintaining the bright line between non-cooperation (constitutionally protected) and obstruction (legally vulnerable). Every subsection of the non-obstruction clause should be retained verbatim. Removing or weakening these provisions exposes the entire bill to preemption challenges based on the argument that the state is interfering with federal operations rather than exercising its sovereign authority over elections.

ARTICLE 7 — VOTER DATA PROTECTION AND ELECTION RECORDS¶

Section 14. Protected Voter Information.

(a) The following categories of voter information maintained by any state or local election official are designated as protected information and shall not be disclosed to any federal agency or agent without a court order issued by a court of competent jurisdiction:

(1) Full Social Security numbers or partial Social Security numbers beyond the last four digits;

(2) Driver's license or state identification numbers;

(3) Full dates of birth;

(4) Voter signatures;

(5) Email addresses and telephone numbers not designated as public information under state law;

(6) Any information that could be used to identify the political affiliation, voting history, or ballot choices of individual voters beyond what is otherwise available as a public record under [STATE] law.

(b) Upon receipt of any request from a federal agency for voter data or election records, the receiving official shall:

(1) Immediately notify the Attorney General and the Secretary of State;

(2) Withhold all data until the Attorney General has reviewed the request for compliance with this act and applicable state privacy laws;

(3) Log the request in a publicly accessible registry maintained by the Secretary of State.

© Any voter data lawfully disclosed pursuant to a court order shall be redacted to remove all protected information as defined in subsection (a), unless the court order specifically requires disclosure of identified categories of protected information and the court has made a finding that the disclosure is narrowly tailored to a legitimate law enforcement purpose.

(d) No state or local official shall transmit to any federal agency an unredacted voter registration database, voter file export, or other bulk dataset containing protected information, except pursuant to a court order meeting the requirements of subsection ©.

Section 15. Election Records Custody.

(a) All ballots, voting equipment, election records, and voter registration data shall remain in the custody and control of the state or local election official responsible for their administration. No such materials shall be released to, inspected by, or made accessible to any federal agency or agent except:

(1) Pursuant to a court order issued by a court of competent jurisdiction; or

(2) Pursuant to a lawful, court-ordered post-election audit or recount conducted under [STATE] law.

(b) Any federal request for access to ballots, voting equipment, or election records shall be reported by the receiving official to the Attorney General and the Secretary of State within twenty-four hours of receipt.

ARTICLE 8 — TRANSPARENCY AND REPORTING¶

Section 16. Federal Activity Registry.

(a) The Secretary of State shall establish and maintain a publicly accessible registry logging all inquiries, requests, demands, subpoenas, or communications from federal agencies relating to:

(1) Voter data, voter registration records, or election records;

(2) Access to or inspection of voting systems or election equipment;

(3) The deployment of federal personnel at or near election sites;

(4) Any other matter governed by this act.

(b) Each registry entry shall include the date, the federal agency and individual making the communication, the nature and content of the request, the state's response, and the legal basis cited by the federal agency.

Section 17. Post-Election Reporting.

(a) Within thirty days following any election, the Secretary of State shall submit a report to the [Governor / Legislature / appropriate committee] describing:

(1) Any federal agency requests for cooperation within protected zones;

(2) Any incidents involving armed federal personnel within protected zones;

(3) Any emergency measures authorized under Article 5;

(4) Any civil actions filed under Article 4;

(5) Any challenges encountered in implementing this act.

(b) The report shall be made available to the public.

ARTICLE 9 — GENERAL PROVISIONS¶

Section 18. Preservation of Federal Authority; Non-Obstruction.

(a) Nothing in this act shall be construed to:

(1) Prohibit any federal officer from independently exercising lawful federal authority using exclusively federal resources, except as such exercise is itself prohibited by 18 U.S.C. § 592;

(2) Obstruct, impede, or physically prevent any lawful federal law enforcement activity;

(3) Authorize any state or local official to provide false information to any federal agent or agency;

(4) Authorize any state or local official to conceal, harbor, or shield any individual from federal law enforcement;

(5) Regulate the employment, compensation, or internal affairs of federal employees or agents.

(b) This act addresses the exercise of state sovereign authority over the administration of elections and the allocation of state and local resources. The state of [STATE] reaffirms its commitment to compliance with all valid federal law, including 18 U.S.C. § 592, 18 U.S.C. § 594, and 52 U.S.C. § 10307(b).

Section 19. Severability.

If any provision of this act or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Section 20. Effective Date; Emergency Clause.

(a) This act takes effect on [DATE — should be before the next statewide election's early voting period].

(b) [EMERGENCY CLAUSE — if applicable under state legislative rules]: It being necessary for the preservation of the public peace, health, and safety, an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval.

Adaptation Note — Emergency Clause and Effective Date

NM SB 264 takes effect in May 2026, ahead of New Mexico's June 2 primary. For the 2026 cycle, any state bill must take effect before that state's first election with in-person voting. An emergency clause bypasses the standard delayed-effective-date period in many states, ensuring the bill is operative for the 2026 general election even if signed late in a session.

Check your state's constitutional requirements for emergency clauses. Some states require a supermajority vote for emergency legislation. If the emergency clause is not achievable, set the effective date as early as possible.

Legal Strategy¶

Core Theory: Parallel State Enforcement¶

The bill's legal foundation rests on a principle distinct from both the "sanctuary city" theory and the "anti-commandeering" theory, though it incorporates elements of both:

The Parallel Enforcement Theory. 18 U.S.C. § 592 creates a federal prohibition. That prohibition has a structural enforcement gap — the federal executive prosecutes violations of a law that the federal executive itself may be violating. State legislation fills this gap by creating parallel state enforcement mechanisms (criminal penalties, civil remedies) that target the same conduct the federal statute prohibits. The state is not conflicting with federal law; it is enforcing the same norm through independent state machinery.

This theory is strengthened by Newsom v. Trump (2025), which confirmed that courts — not just federal prosecutors — can enforce §§ 592–593. If courts can enforce the statute, then state legislatures can create additional enforcement pathways without preemption concerns.

Preemption Defense¶

The strongest preemption challenge will be based on the Supremacy Clause — the argument that state criminal penalties for conduct involving federal officers are preempted by federal law. The bill's defense against this challenge has four layers:

Layer 1 — No Conflict. The bill prohibits the same conduct that 18 U.S.C. § 592 prohibits. There is no conflict between state and federal law — they point in the same direction. The Supremacy Clause protects lawful federal activity, but the activity this bill targets is already a federal crime.

Layer 2 — State Sovereignty Over Elections. The Elections Clause (Art. I, § 4) vests election administration in the states. State legislation governing the conduct of elections — including who may be present at polling places and under what circumstances — falls within the state's core constitutional authority. Federal preemption of state election administration requires an affirmative act of Congress, not executive action.

Layer 3 — Anti-Commandeering. Even if the bill's criminal provisions face preemption challenges, the non-cooperation provisions in Article 6 are independently grounded in the anti-commandeering doctrine. Printz and Murphy confirm that the federal government cannot compel state cooperation with federal programs. The state's refusal to provide resources to support armed federal deployments at polling places is constitutionally protected regardless of whether the criminal provisions survive.

Layer 4 — Severability. Section 19 ensures that if any provision is struck down, the remainder of the bill survives. The bill is designed so that each article functions independently. Even if a court strikes the criminal penalties (Article 3), the civil enforcement (Article 4), emergency procedures (Article 5), non-cooperation provisions (Article 6), and data protection (Article 7) all survive.

Litigation Timeline¶

Phase	Timing	Action
Pre-election declaratory relief	6–12 months before election	File suit seeking judicial declaration that planned federal deployments would violate both 18 U.S.C. § 592 and the state act
Preliminary injunction	2–4 months before election	Seek court order prohibiting armed federal personnel within protected zones
Expedited TRO	Days before / day of election	Use Section 9's expedited review provisions for emergency relief
Post-election enforcement	30 days after election	AG or private plaintiff files civil penalty actions for documented violations; district attorney pursues criminal referrals

State-Specific Adaptation Notes¶

Trifecta States (Governor Will Sign)¶

In states with Democratic trifectas or sympathetic governors, the full template can be introduced with minimal modification. Priority states based on active legislative activity:

State	Session Status	Key Adaptation
California	Bill introduced	Charter city home rule means municipal ordinances can supplement; state bill provides the floor
Connecticut	Bill in hearing	Add ballot-seizure-specific provisions (CT bill addresses FBI Fulton County raid); small state with short legislative distances
Washington	Bill introduced	Primarily vote-by-mail — adapt emergency procedures for ballot processing centers
Illinois	Resolution introduced	Upgrade from non-binding resolution to binding legislation using this template
Minnesota	Session active	Strong constitutional home rule already supports municipal track; state bill adds statewide criminal penalties

Divided Government States¶

In states where the governor may sign but the legislature is mixed, analytical adaptation is required:

State	Key Challenge	Adaptation Strategy
Kansas	Republican legislature, Democratic governor	Use "Election Sovereignty" framing; emphasize state authority vs. federal overreach; reference Kansas's own anti-commandeering tradition
Pennsylvania	Split legislature	Focus on civil enforcement and emergency procedures; criminal penalties may need to be reduced to misdemeanors for bipartisan viability
Nevada	Trifecta but narrow margins	Full template viable; prioritize passage timing relative to session calendar
Wisconsin	Governor would sign, legislature hostile	Unlikely to pass legislature; maintain municipal ordinance track as primary strategy; state bill serves as messaging vehicle

Hostile States (Governor Will Veto)¶

In states where the governor will veto state legislation, this template serves as a messaging vehicle and organizing tool — it puts legislators on record and builds the case for future action. The Master Ordinance Template remains the primary action pathway for municipalities in these states.

The Arizona Example

Arizona demonstrates both tracks simultaneously. Gov. Katie Hobbs provides a veto firewall against hostile legislation (she vetoed the Arizona ICE Act and would have vetoed SB 1570), but the Republican legislature would block protective legislation. The municipal ordinance track targets Tucson, Tempe, Flagstaff, and Phoenix. If a future governor would sign, the state bill template becomes immediately viable.

Relationship to Federal Legislation¶

This template operates at the state level but intersects with active federal legislative efforts:

Sen. Padilla's DHS Funding Amendment would bar federal funds from being used to deploy law enforcement or military to polling places. If enacted, it creates a federal funding prohibition that complements the state criminal and civil penalties in this template. State enforcement remains necessary because the federal amendment depends on annual appropriations and could be reversed.

The Freedom from Intimidation in Elections Act (Padilla/Deluzio) would amend the Voting Rights Act to create a rebuttable presumption that visible firearms at election activities constitute voter intimidation. This federal bill and the state template address different dimensions of the same problem — the federal bill focuses on private armed individuals while this template focuses on armed federal personnel. Both are needed.

18 U.S.C. § 592 remains the federal statutory foundation. This template does not replace § 592 — it creates parallel state enforcement that fills the structural gap in federal enforcement. The two operate concurrently: a single act of deploying armed federal agents to a polling place would violate both the federal statute and the state act, exposing the violator to both federal and state penalties.

This template is provided for policy development and advocacy purposes and does not constitute legal advice. Consultation with election law counsel in the specific state is recommended for bill drafting, particularly for penalty classification, constitutional provision references, and emergency clause requirements. Contact information for state-specific legal resources is available in each state guide.