[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>