[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4102 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4102

    To amend the Communications Act of 1934 to prohibit the use of 
telecommunications devices for the purpose of preventing or obstructing 
       the broadcast or exchange of election-related information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

   Mr. Obama introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to prohibit the use of 
telecommunications devices for the purpose of preventing or obstructing 
       the broadcast or exchange of election-related information.

    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 ``Election Jamming Prevention Act of 
2006''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The most fundamental right accorded to United States 
        citizens by the Constitution is the right to vote, and 
        unimpeded exercise of the right to vote is essential to the 
        functioning of our democracy.
            (2) Historically, significant efforts have been undertaken 
        to prevent qualified individuals from exercising this right.
            (3) Poll taxes, property requirements, and literacy tests 
        were once used to restrict voters' access to the polls. Now, 
        efforts like deceptive practices, intimidation, and dirty 
        tricks are used to impede qualified voters' exercise of their 
        right to vote, to prevent voters from making informed decisions 
        as to how to cast that vote, and to prevent candidates, 
        parties, and organizations from engaging in constitutionally 
        protected political speech.
            (4) In recent elections, there have been allegations of 
        political campaigns and committees using telephone jamming 
        techniques to shut down the communication operations of groups 
        supporting their political opponents.
            (5) In November 2002, according to the Department of 
        Justice, groups working on behalf of the Republican candidates 
        in New Hampshire conspired to shut down Democratic get-out-the-
        vote efforts by placing hang-up calls to the phones of the 
        Manchester Democratic Party and the Manchester Professional 
        Firefighters Association, which were providing qualified voters 
        rides to the election polling places. Several people have pled 
        guilty or been convicted in connection with the incident.
            (6) As a result of the hang-up call effort, the phone lines 
        of the Manchester Democratic Party and the Manchester 
        Professional Firefighters Association were jammed on election 
        day 2002 and qualified voters were unable to access information 
        that would have facilitated their access to polling places.
            (7) The use of telephones or other communication devices to 
        jam election-related communications should be prohibited in 
        order to protect qualified voters' right to vote.

SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR 
              EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS 
              DEVICES.

    (a) Prohibition.--
            (1) In general.--Subparagraph (C) of section 223(a)(1) of 
        the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is 
        amended by striking ``with the intent to annoy, abuse, 
        threaten, or harass any person at the called number or who 
        receives the communications;'' and inserting ``with the intent 
        to--
                            ``(i) annoy, abuse, threaten, or harass any 
                        person at the called number or who receives the 
                        communications;
                            ``(ii) prevent or obstruct the broadcast or 
                        exchange of election-related information; or
                            ``(iii) impair or obstruct any other 
                        telecommunications device from being used to 
                        engage in communications containing election-
                        related information;''.
            (2) Election-related information.--Subsection (h) of 
        section 223 of the Communications Act of 1934 (47 U.S.C. 
        223(h)) is amended by adding at the end the following new 
        paragraph:
            ``(5) The term `election-related information' means 
        information related to--
                    ``(A) the endorsement, support, promotion of, or 
                opposition to any clearly identified candidate or slate 
                of candidates 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;
                    ``(B) the time, place, or manner for the election 
                of such offices; or
                    ``(C) the facilitation of transport to or from 
                polling places for any such election.''.
    (b) Private Right of Action.--Section 223 of the Communications Act 
of 1934 (47 U.S.C. 223) is amended by adding at the end the following 
new subsection:
    ``(i) Private Right of Action for Injunctive or Declarative Relief 
Against Certain Actions.--Any person aggrieved by a violation of 
subsection (a)(1)(C) may bring a civil action or other proper 
proceeding for injunctive or declarative relief in any court of 
competent jurisdiction, including an application in a United States 
district court.''.
                                 <all>