Deceptive Practices and Voter Intimidation Prevention Act of 2005 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition.
Prescribes a criminal penalty for such deceptive acts.
Authorizes any person to report a deceptive act to the Assistant Attorney General (AAG) of the Civil Rights Division of the Department of Justice (or a designee).
Requires the AAG to investigate such a report within 48 hours after its receipt and provide correct information to the voters if it is determined that an act of deception occurred.
Requires an immediate investigation if such a report is received within 72 hours before an election. Directs the AAG, in such an instance, to: (1) undertake immediately all effective measures necessary to provide correct information to voters affected by the deception; and (2) refer the matter immediately to the appropriate federal and state authorities for criminal prosecution.
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4463 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4463
To prohibit deceptive practices in Federal elections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2005
Mr. Holt (for himself, Mr. Lewis of Georgia, Mr. Owens, Mr. Hastings of
Florida, Ms. Kilpatrick of Michigan, Mr. Grijalva, Mr. Brady of
Pennsylvania, Mr. DeFazio, Mr. Kennedy of Rhode Island, Ms. Moore of
Wisconsin, Mr. Brown of Ohio, Ms. Lee, Ms. Woolsey, Mr. Nadler, Mr.
Snyder, Mr. Michaud, Mr. McGovern, Ms. Schakowsky, Ms. Jackson-Lee of
Texas, Mr. Scott of Virginia, Ms. Carson, and Mr. Lantos) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit deceptive practices in Federal elections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2005''.
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.
(a) Civil Action.--
(1) In general.--Subsection (b) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) No person''; and
(B) by inserting at the end the following new
paragraph:
``(2) No person, whether acting under color of law or
otherwise, shall knowingly deceive any other person regarding--
``(A) the time, place, or manner of conducting a
general, primary, run-off, or special election for the
office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Resident Commissioner
to the Congress; or
``(B) the qualifications for or restrictions on
voter eligibility for any election described in
subparagraph (A).''.
(2) Private right of action.--
(A) In general.--Subsection (c) of section 2004 of
the Revised Statutes (42 U.S.C. 1971(c)) is amended--
(i) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(ii) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2) may institute a civil action or other proper proceeding
for preventive relief, including an application in a United
States district court for a permanent or temporary injunction,
restraining order, or other order.''.
(B) Conforming amendments.--
(i) Subsection (e) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(e)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(ii) Subsection (g) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(g)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever''; and
(2) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to knowingly deceive another person regarding
the time, place, or manner of an election described in
subparagraph (B), or the qualifications for or
restrictions on voter eligibility for any such
election, with the intent to prevent such person from
exercising the right to vote in such election.
``(B) Election.--An election described in this
subparagraph is any general, primary, run-off, or
special election for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, or Delegate or
Resident Commissioner to the Congress.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 1
year, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION.
(a) In General.--Any person may report to the Assistant Attorney
General of the Civil Rights Division of the Department of Justice, or
the designee of such Assistant Attorney General, any act of deception
regarding--
(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for Federal office; or
(2) the qualifications for or restrictions on voter
eligibility for any general, primary, run-off, or special
election for Federal office.
(b) Corrective Action.--
(1) In general.--Except as provided in paragraph (2), not
later than 48 hours after receiving a report under subsection
(a), the Assistant Attorney General shall investigate such
report and, if the Assistant Attorney General determines that
an act of deception described in subsection (a) occurred,
shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
deception, and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(2) Reports within 72 hours of an election.--If a report
under subsection (a) is received within 72 hours before the
election described in such subsection, the Assistant Attorney
General shall immediately investigate such report and, if the
Assistant Attorney General determines that an act of deception
described in subsection (a) occurred, shall immediately
undertake all effective measures necessary to provide correct
information to voters affected by the deception and shall
immediately refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(3) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraphs (1)
and (2). Such regulations shall be developed in
consultation with the Election Assistance Commission,
civil rights organizations, voting rights groups, State
election officials, voter protection groups, and other
interested community organizations.
(B) Study.--
(i) In general.--The Attorney General, in
consultation with the Federal Communications
Commission and the Election Assistance
Commission, shall conduct a study on the
feasibility of providing the corrective
information under paragraphs (1) and (2)
through public service announcements, the
emergency alert system, or other forms of
public broadcast.
(ii) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Attorney General shall submit to Congress a
report detailing the results of the study
conducted under clause (i).
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any primary,
general, or run-off election for Federal office, the Attorney
General shall submit to the appropriate committees of Congress
a report compiling and detailing any allegations of deceptive
practices submitted pursuant to subsection (a) and relating to
such election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations of deceptive tactics;
(ii) any corrective actions taken in
response to such allegations;
(iii) the effectiveness of any such
corrective actions;
(iv) any suit instituted under section
2004(b)(2) of the Revised Statutes (42 U.S.C.
1971(b)(2)) in connection with such
allegations;
(v) statistical compilations of how many
allegations were made and of what type;
(vi) the geographic locations of and the
populations affected by the alleged deceptive
information; and
(vii) the status of the investigations of
such allegations.
(B) Exception.--The Attorney General may withhold
any information that the Attorney General determines
would unduly interfere with an on-going investigation.
(3) Report made public.--The Attorney General shall make
the report required under paragraph (1) publicly available
through the Internet and other appropriate means.
(d) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Resident Commissioner to the Congress.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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