Short title

This Act may be cited as the

Election Jamming Prevention Act of 2006

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.

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.