Deceptive Practices and Voter Intimidation Prevention Act of 2007 - (Sec. 3) 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. Makes intent to prevent another person from exercising the right to vote, or from voting for the candidate of such other person's choice, an essential element of the offense.
Prescribes a criminal penalty for such deceptive acts.
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.
(Sec. 4) Authorizes any person to report to the Attorney General false election information.
Requires the Attorney General, if a report provides a reasonable basis to find that an election violation has occurred, to pursue any appropriate criminal prosecution or civil action and refer the matter to the Civil Rights Division of the Department of Justice for criminal prosecution or civil action, but only if such matter is otherwise under the Division's jurisdiction.
Prohibits the commencement of any investigation or legal action relating to a report until after the election concerned has been completed, unless the Attorney General: (1) reasonably believes it is necessary to pursue such investigation or legal proceedings promptly; and (2) reasonably determines that such investigation or legal proceeding will not inhibit any person from exercising right to vote.
(Sec. 5) 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 false information has been communicated, to undertake all effective measures necessary to provide correct information to voters affected by the false information.
Authorizes any person who has made such a report about which the Attorney General fails to take corrective action to apply to a U.S. district court for an order requiring the Attorney General to take such action.
Requires the Attorney General to report to Congress on the procedures and standards intended to be used to provide corrective action.
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.
Authorizes appropriations.
(Sec. 6) Directs the Attorney General to report to Congress on any allegations of false information submitted which relate to any federal general election or to any preceding primary or ensuing run-off election.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 453 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 453
To prohibit deceptive practices in Federal elections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2007
Mr. Obama (for himself, Mr. Schumer, Mr. Leahy, Mr. Cardin, Mr.
Feingold, Mr. Kerry, Mrs. Feinstein, Mrs. Clinton, Mrs. Boxer, and Mr.
Kennedy) introduced the following bill; which was read twice and
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 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental right accorded to
United States citizens by the Constitution and the unimpeded
exercise of this right is essential to the functioning of our
democracy.
(2) Historically, certain citizens, especially racial
minorities, were prevented from voting because of significant
barriers such as literacy tests, poll taxes, and property
requirements.
(3) Some of these barriers were removed by the 15th, 19th,
and 24th Amendments to the Constitution.
(4) Despite the elimination of some of these barriers to
the polls, the integrity of today's elections is threatened by
newer tactics aimed at suppressing voter turnout. These tactics
include ``deceptive practices'', which involve the
dissemination of false information intended to prevent voters
from casting their ballots, intimidate the electorate, and
undermine the integrity of the electoral process.
(5) Denials of the right to vote, and deceptive practices
designed to prevent members of racial minorities from
exercising that right, are an outgrowth of discriminatory
history, including slavery. Measures to combat denials of that
right are a legitimate exercise of congressional power under
the 13th, 14th, and 15th Amendments to the United States
Constitution.
(6) Shortly before the 1990 midterm Federal elections,
125,000 voters in North Carolina received postcards providing
false information about voter eligibility and a warning about
criminal penalties for voter fraud. Ninety-seven percent of the
voters who received postcards were African American.
(7) In 2004, Native American voters in South Dakota were
prevented from voting after they did not provide photographic
identification upon request, despite the fact that they were
not required to present such identification in order to vote
under State or Federal law.
(8) In the 2006 midterm election, 14,000 Latino voters in
Orange County, California received mailings from the California
Coalition for Immigration Reform, warning them in Spanish that
``if you are an immigrant, voting in a federal election is a
crime that can result in incarceration...''. In fact, an
immigrant who is a naturalized citizen of the United States has
the same right to vote as any other citizen.
(9) In the same 2006 election, some Virginia voters
received automated phone messages falsely warning them that the
``Virginia Elections Commission'' had determined they were
ineligible to vote and that they would face severe criminal
penalties if they tried to cast a ballot.
(10) In 2006 in Maryland, certain candidates for Governor
and United States Senator distributed fliers in predominantly
African-American neighborhoods falsely claiming that the
candidates had been endorsed by their opponents' party and by
prominent figures who had actually endorsed the opponents of
the candidates.
(11) Those responsible for these and similar efforts should
be held accountable, and civil and criminal penalties should be
available to punish anyone who seeks to keep voters away from
the polls by providing false information.
(12) Moreover, the Federal Government should help correct
such false information in order to assist voters in exercising
their right to vote without confusion and to preserve the
integrity of the electoral process.
(13) The Federal Government has a compelling interest in
``protecting voters from confusion and undue influence'' and in
``preserving the integrity of its election process''. Burson v.
Freeman, 504 U.S. 191, 199 (1992).
(14) The First Amendment does not preclude the regulation
of some intentionally false speech, even if it is political in
nature. As the Supreme Court of the United States has
recognized, ``[t]hat speech is used as a tool for political
ends does not automatically bring it under the protective
mantle of the Constitution. For the use of the known lie as a
tool is at once at odds with the premises of democratic
government and with the orderly manner in which economic,
social, or political change is to be effected ... . Hence the
knowingly false statement and the false statement made with
reckless disregard of the truth, do not enjoy constitutional
protection.''. Garrison v. Louisiana, 379 U.S. 64, 75 (1964).
SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL 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)(A) No person, whether acting under color of law or
otherwise, shall, within 60 days before an election described
in subparagraph (B), communicate or cause to be communicated
information described in subparagraph (C), or produce
information described in subparagraph (C) with the intent that
such information be communicated, if such person--
``(i) knows such information to be false; and
``(ii) has the intent to prevent another person
from exercising the right to vote in an election
described in subparagraph (C).
``(B) 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 Commissioner from a territory or possession.
``(C) Information is described in this subparagraph if such
information is regarding--
``(i) the time, place, or manner of any election
described in subparagraph (B);
``(ii) the qualifications for or restrictions on
voter eligibility for any such election, including--
``(I) any criminal penalties associated
with voting in any such election by ineligible
voters; or
``(II) information regarding a voter's
registration status or eligibility;
``(iii) the political party affiliation of any
candidate running in a closed primary election for any
office described in subparagraph (B) if the
communication of the information also contains false
information described in clause (i) or (ii); or
``(iv) the explicit endorsement by any person or
organization of a candidate running for any office
described in subparagraph (B).''.
(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.--
(1) In general.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever''; and
(B) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person, within 60 days before an election described in
subparagraph (B), to communicate or cause to be
communicated information described in subparagraph (C),
or produce information described in subparagraph (C)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be false;
and
``(ii) has the intent to prevent another
person from exercising the right to vote in an
election described in subparagraph (C).
``(B) Election described.--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
Commissioner from a territory or possession.
``(C) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of any
election described in subparagraph (B);
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal penalties
associated with voting in any such
election by ineligible voters; or
``(II) information regarding a
voter's registration status or
eligibility;
``(iii) the political party affiliation of
any candidate running in a closed primary
election for any office described in
subparagraph (B) if the communication of the
information also contains false information
described in clause (i) or (ii); or
``(iv) the explicit endorsement by any
person or organization of a candidate running
for any office described in subparagraph (B).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 5
years, or both.
``(c) Attempt and Conspiracy.--
``(1) Attempt.--Any person who attempts to commit any
offense described in subsection (a) or (b) shall be subject to
the same penalties as those prescribed for the offense that the
person attempted to commit.
``(2) Conspiracy.--If 2 or more persons conspire to commit
an offense described in subsection (a) or (b), and 1 or more of
such persons do any act to effect the object of the conspiracy,
each shall be fined under this title or imprisoned not more
than 5 years.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended--
(A) by inserting ``by any means, including by means
of written, electronic, or telephonic communications,''
after ``any other person''; and
(B) by striking ``one year'' and inserting ``5
years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 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 section 594 of title 18, United
States Code.
(B) Authorization.--The United States Sentencing
Commission may 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.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. REPORTING FALSE ELECTION INFORMATION.
(a) Reporting.--Any person may report to the Attorney General any
communication of, or the causation of any communication of,
information, or the production of information with the intent that such
information be communicated, if the information is--
(1) information that is described in--
(A) subparagraph (C) of section 2004(b)(2) of the
Revised Statutes (42 U.S.C. 1971(b)(2)(C)); or
(B) subparagraph (C) of section 594(b)(1)(C) of
title 18, United States Code; and
(2) false.
(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 false information described
in subsection (a)(1) has been communicated or caused to be
communicated, or has been produced with the intent that such
information be communicated, 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).
(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 false
information 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) statistical compilations of how many
allegations were made and of what type;
(iii) the geographic locations of and the
populations affected by the alleged deceptive
information;
(iv) the status of the investigations of
such allegations.
(v) any corrective actions taken in
response to such allegations;
(vi) the rationale used for any corrective
actions or for any refusal to pursue an
allegation;
(vii) the effectiveness of any such
corrective actions;
(viii) whether a Voting Integrity Task
Force was established with respect to such
election, and, if so, how such task force was
staffed and funded;
(ix) any referrals of information to other
Federal, State, or local agencies;
(x) 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
(xi) any criminal prosecution instituted
under section 594(b) of title 18, United States
Code in connection with 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.--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 may 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 may 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.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section.
SEC. 5. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions and amendments to any person or circumstance, shall not be
affected by the holding.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1428)
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-277.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 110-191. Additional views filed.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 110-191. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 411.
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