Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the federal criminal code to make it unlawful for anyone before or during a federal election to knowingly communicate, or attempt to communicate, false election-related information about that election, with the intent to prevent another person from exercising the right to vote.
Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act.
Authorizes any person to report to the Attorney General false election information or intimidation of voters.
Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that a violation has occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (2) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election.
Directs the Attorney General to study and report to Congress on the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.
Requires the Attorney General to establish a Voting Integrity Task Force to carry out the requirements of this Act with respect to any general, primary, run-off, or special election for federal office.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1281 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1281
To amend title 18, United States Code, to prohibit certain deceptive
practices in Federal elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2007
Mr. Emanuel (for himself, Mr. Conyers, Mr. Holt, Mr. Becerra, Mr.
Honda, Mr. Ellison, Mr. Brady of Pennsylvania, Ms. Corrine Brown of
Florida, Mr. Butterfield, Mrs. Capps, Mr. Cleaver, Mr. Cohen, Mr.
Cummings, Mr. Davis of Alabama, Mr. Delahunt, Mr. Engel, Mr. Fattah,
Mr. Frank of Massachusetts, Mr. Al Green of Texas, Mr. Hare, Mr.
Hastings of Florida, Ms. Jackson-Lee of Texas, Mr. Johnson of Georgia,
Ms. Kilpatrick, Mr. Larson of Connecticut, Mr. Lewis of Georgia, Ms.
Matsui, Mr. George Miller of California, Mr. Moran of Virginia, Mr.
Nadler, Ms. Norton, Mr. Ortiz, Mr. Payne, Mr. Reyes, Mr. Rush, Ms.
Loretta Sanchez of California, Ms. Schakowsky, Mr. Scott of Virginia,
Mr. Serrano, Mr. Shuler, Mr. Sires, Mr. Van Hollen, Ms. Waters, and Ms.
Woolsey) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit certain deceptive
practices in Federal elections, and for other purposes.
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 2007''.
SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 618. Deceptive practices in Federal elections
``(a) Whoever, within 60 days before a Federal election, knowingly
communicates false election-related information about that election,
with intent to prevent another person from exercising the right to vote
in that election, or attempts to do so, shall be fined under this title
or imprisoned not more than 5 years, or both.
``(b) As used in this section--
``(1) the term `Federal election' means 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
Commissioner from a territory or possession; and
``(2) the term `election related information' means
information regarding--
``(A) the time, place, or manner of conducting the
election;
``(B) the qualifications for or restrictions on
voter eligibility for the election, including--
``(i) any criminal penalties associated
with voting in the election by ineligible
voters; or
``(ii) information regarding a voter's
registration status or eligibility;
``(C) with respect to a closed primary election,
the political party affiliation of any candidate for
office, if the communication of the information also
contains false information described in subparagraph
(A) or (B); or
``(D) the explicit endorsement by any person or
organization of a candidate running for any office
voted on in the election.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18 is amended by adding at the end the following new item:
``618. Deceptive practices in Federal elections.''.
SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.
Section 594(a) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``5 years''.
SEC. 4. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 90 days after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under
sections of title 18, United States Code that are added or modified by
this Act.
(b) Authorization.--The United States Sentencing Commission may,
for the purposes of the amendments made pursuant to this section, amend
the Federal sentencing guidelines in accordance with the procedures set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had not expired.
SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION.
(a) Reporting.--Any person may report to the Attorney General any
violation or possible violation of section 594 or 618 of title 18,
United States Code.
(b) Corrective Action.--
(1) In general.--Immediately after receiving a report under
subsection (a), the Attorney General shall consider and review
such report and, if the Attorney General determines that there
is a reasonable basis to find that a violation has occurred,
the Attorney General shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
false information;
(B) refer any matter under the jurisdiction of the
Civil Rights Division of the Department of Justice to
such division for prosecution; and
(C) refer the matter to the appropriate Federal and
State authorities for criminal prosecution or civil
action after the election.
(2) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraph (1).
Such regulations shall be developed in consultation
with the Election Assistance Commission, civil rights
organizations, voting rights groups, State and local
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 paragraph (1) 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).
(3) Publicizing remedies.--The Attorney General shall make
public through the Internet, radio, television, and newspaper
advertisements information on the responsibilities, contact
information, and complaint procedures applicable under this
section.
(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 Congress a report compiling and
detailing any allegations of false information submitted
pursuant to subsection (a) and relating to such election.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) detailed information on specific allegations of
deceptive tactics;
(B) statistical compilations of how many
allegations were made and of what type;
(C) the geographic locations of and the populations
affected by the alleged deceptive information;
(D) the status of the investigations of such
allegations.
(E) any corrective actions taken in response to
such allegations;
(F) the rationale used for any corrective actions
or for any refusal to pursue an allegation;
(G) the effectiveness of any such corrective
actions;
(H) whether a Voting Integrity Task Force was
established with respect to such election, and, if so,
how such task force was staffed and funded;
(I) any referrals of information to other Federal,
State, or local agencies;
(J) any suit instituted under section 2004(b)(2) of
the Revised Statutes (42 U.S.C. 1971(b)(2)) in
connection with such allegations; and
(K) any criminal prosecution instituted under title
18, United States Code in connection with such
allegations.
(3) Report made public.--On the date that the Attorney
General submits the report required under paragraph (1), the
Attorney General shall also make the report publicly available
through the Internet and other appropriate means.
(d) Delegation of Duties.--
(1) In general.--The Attorney General shall delegate the
responsibilities under this section to a Voting Integrity Task
Force established under paragraph (2).
(2) Voting integrity task force.--
(A) In general.--The Attorney General shall
establish a Voting Integrity Task Force to carry out
the requirements of this section with respect to any
general, primary, run-off, or special election for
Federal office.
(B) Composition.--Any Voting Integrity Task Force
established under paragraph (1) shall be under the
direction of the Assistant Attorney General for the
Civil Rights Division and the Assistant Attorney
General for the Criminal Division, jointly.
(e) 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 Commissioner from a territory or
possession of the United States.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-101.
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-101.
Placed on the Union Calendar, Calendar No. 61.
Mr. Conyers moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7043-7048)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1281.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7043-7044)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7043-7044)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.