[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 453 Reported in Senate (RS)]






                                                       Calendar No. 411
110th CONGRESS
  1st Session
                                 S. 453

                          [Report No. 110-191]

         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, Mr. 
    Kennedy, Mr. Levin, Ms. Landrieu, Mr. Brown, Mr. Johnson, Mrs. 
   McCaskill, Mr. Whitehouse, Mr. Wyden, Mr. Durbin, and Mr. Coburn) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                            October 4, 2007

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Deceptive Practices and 
Voter Intimidation Prevention Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Historically, certain citizens, especially 
        racial minorities, were prevented from voting because of 
        significant barriers such as literacy tests, poll taxes, and 
        property requirements.</DELETED>
        <DELETED>    (3) Some of these barriers were removed by the 
        15th, 19th, and 24th Amendments to the Constitution.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL 
              ELECTIONS.</DELETED>

<DELETED>    (a) Civil Action.--</DELETED>
        <DELETED>    (1) In general.--Subsection (b) of section 2004 of 
        the Revised Statutes (42 U.S.C. 1971(b)) is amended--</DELETED>
                <DELETED>    (A) by striking ``No person'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) No person''; and</DELETED>
                <DELETED>    (B) by inserting at the end the following 
                new paragraph:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(i) knows such information to be false; 
                and</DELETED>
                <DELETED>    ``(ii) has the intent to prevent another 
                person from exercising the right to vote in an election 
                described in subparagraph (C).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(C) Information is described in this 
        subparagraph if such information is regarding--</DELETED>
                <DELETED>    ``(i) the time, place, or manner of any 
                election described in subparagraph (B);</DELETED>
                <DELETED>    ``(ii) the qualifications for or 
                restrictions on voter eligibility for any such 
                election, including--</DELETED>
                        <DELETED>    ``(I) any criminal penalties 
                        associated with voting in any such election by 
                        ineligible voters; or</DELETED>
                        <DELETED>    ``(II) information regarding a 
                        voter's registration status or 
                        eligibility;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(iv) the explicit endorsement by any 
                person or organization of a candidate running for any 
                office described in subparagraph (B).''.</DELETED>
        <DELETED>    (2) Private right of action.--</DELETED>
                <DELETED>    (A) In general.--Subsection (c) of section 
                2004 of the Revised Statutes (42 U.S.C. 1971(c)) is 
                amended--</DELETED>
                        <DELETED>    (i) by striking ``Whenever any 
                        person'' and inserting the following:</DELETED>
        <DELETED>    ``(1) Whenever any person''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following new paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
                <DELETED>    (B) Conforming amendments.--</DELETED>
                        <DELETED>    (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)''.</DELETED>
                        <DELETED>    (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)''.</DELETED>
<DELETED>    (b) Criminal Penalty.--</DELETED>
        <DELETED>    (1) In general.--Section 594 of title 18, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``Whoever'' and inserting 
                the following:</DELETED>
<DELETED>    ``(a) Intimidation.--Whoever''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(b) Deceptive Acts.--</DELETED>
        <DELETED>    ``(1) Prohibition.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) knows such information to be 
                        false; and</DELETED>
                        <DELETED>    ``(ii) has the intent to prevent 
                        another person from exercising the right to 
                        vote in an election described in subparagraph 
                        (C).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Information described.--Information 
                is described in this subparagraph if such information 
                is regarding--</DELETED>
                        <DELETED>    ``(i) the time, place, or manner 
                        of any election described in subparagraph 
                        (B);</DELETED>
                        <DELETED>    ``(ii) the qualifications for or 
                        restrictions on voter eligibility for any such 
                        election, including--</DELETED>
                                <DELETED>    ``(I) any criminal 
                                penalties associated with voting in any 
                                such election by ineligible voters; 
                                or</DELETED>
                                <DELETED>    ``(II) information 
                                regarding a voter's registration status 
                                or eligibility;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) the explicit endorsement by 
                        any person or organization of a candidate 
                        running for any office described in 
                        subparagraph (B).</DELETED>
        <DELETED>    ``(2) Penalty.--Any person who violates paragraph 
        (1) shall be fined not more than $100,000, imprisoned not more 
        than 5 years, or both.</DELETED>
<DELETED>    ``(c) Attempt and Conspiracy.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Modification of penalty for voter 
        intimidation.--Section 594(a) of title 18, United States Code, 
        as amended by paragraph (1), is amended--</DELETED>
                <DELETED>    (A) by inserting ``by any means, including 
                by means of written, electronic, or telephonic 
                communications,'' after ``any other person''; 
                and</DELETED>
                <DELETED>    (B) by striking ``one year'' and inserting 
                ``5 years''.</DELETED>
        <DELETED>    (3) Sentencing guidelines.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 4. REPORTING FALSE ELECTION INFORMATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) information that is described in--</DELETED>
                <DELETED>    (A) subparagraph (C) of section 2004(b)(2) 
                of the Revised Statutes (42 U.S.C. 1971(b)(2)(C)); 
                or</DELETED>
                <DELETED>    (B) subparagraph (C) of section 
                594(b)(1)(C) of title 18, United States Code; 
                and</DELETED>
        <DELETED>    (2) false.</DELETED>
<DELETED>    (b) Corrective Action.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) undertake all effective measures 
                necessary to provide correct information to voters 
                affected by the false information;</DELETED>
                <DELETED>    (B) refer any matter under the 
                jurisdiction of the Civil Rights Division of the 
                Department of Justice to such division for prosecution; 
                and</DELETED>
                <DELETED>    (C) refer the matter to the appropriate 
                Federal and State authorities for criminal prosecution 
                or civil action after the election.</DELETED>
        <DELETED>    (2) Regulations.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Study.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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).</DELETED>
<DELETED>    (c) Reports to Congress.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--</DELETED>
                <DELETED>    (A) In general.--Each report submitted 
                under paragraph (1) shall include--</DELETED>
                        <DELETED>    (i) detailed information on 
                        specific allegations of deceptive 
                        tactics;</DELETED>
                        <DELETED>    (ii) statistical compilations of 
                        how many allegations were made and of what 
                        type;</DELETED>
                        <DELETED>    (iii) the geographic locations of 
                        and the populations affected by the alleged 
                        deceptive information;</DELETED>
                        <DELETED>    (iv) the status of the 
                        investigations of such allegations.</DELETED>
                        <DELETED>    (v) any corrective actions taken 
                        in response to such allegations;</DELETED>
                        <DELETED>    (vi) the rationale used for any 
                        corrective actions or for any refusal to pursue 
                        an allegation;</DELETED>
                        <DELETED>    (vii) the effectiveness of any 
                        such corrective actions;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ix) any referrals of information 
                        to other Federal, State, or local 
                        agencies;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (xi) any criminal prosecution 
                        instituted under section 594(b) of title 18, 
                        United States Code in connection with such 
                        allegations.</DELETED>
                <DELETED>    (B) Exception.--The Attorney General may 
                withhold any information that the Attorney General 
                determines would unduly interfere with an on-going 
                investigation.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Delegation of Duties.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General may delegate 
        the responsibilities under this section to a Voting Integrity 
        Task Force established under paragraph (2).</DELETED>
        <DELETED>    (2) Voting integrity task force.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. SEVERABILITY.</DELETED>

<DELETED>    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.</DELETED>

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 through casting a ballot for one's 
        preferred candidate 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, prevent voters from voting for the 
        candidate of their choice, 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 campaigns for Governor 
        and United States Senator distributed fliers in predominantly 
        African-American neighborhoods falsely claiming that certain 
        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.--Subsection (b) of section 2004 of the Revised 
Statutes (42 U.S.C. 1971(b)) is amended--
            (1) by striking ``No person'' and inserting the following:
            ``(1) No person''; and
            (2) 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 or from voting for 
                the candidate of such other person's choice in an 
                election described in subparagraph (B).
            ``(B) An election described in this subparagraph is any 
        general, primary, run-off, or special election held solely or 
        in part for the purpose of electing a candidate 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; or
                            ``(II) information regarding a voter's 
                        registration status or eligibility; or
                    ``(iii) the explicit endorsement by any person or 
                organization for the upcoming election of a candidate 
                to any office described in subparagraph (B).''.
    (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'';
                    (B) by striking ``at any election held solely or in 
                part for the purpose of electing such a candidate'' and 
                inserting ``at any general, primary, run-off, or 
                special election held solely or in part for the purpose 
                of electing such a candidate''; and
                    (C) 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 or 
                        from voting for the candidate of such other 
                        person's choice in an election described in 
                        subparagraph (B).
                    ``(B) Election described.--An election described in 
                this subparagraph is any general, primary, run-off, or 
                special election held solely or in part for the purpose 
                of electing a candidate 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; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility; or
                            ``(iii) the explicit endorsement by any 
                        person or organization for the upcoming 
                        election of a candidate to 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.--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) 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 OF FALSE ELECTION INFORMATION.

    (a) In General.--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) Referral.--If a report under subsection (a) provides a 
reasonable basis to find that a violation of section 2004(b) of the 
Revised Statutes (42 U.S.C. 1971(b)) or section 594(b) of title 18, 
United States Code, has occurred, the Attorney General shall pursue any 
appropriate criminal prosecution or civil action and shall 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 jurisdiction of such division.
    (c) Delay of Investigation.--No investigation or legal action 
relating to a report under subsection (a) may begin until after the 
election with respect to which such report relates has been completed, 
unless the Attorney General--
            (1) reasonably believes that it is necessary to promptly 
        pursue such investigation or legal proceedings; and
            (2) reasonably determines that such investigation or legal 
        proceeding will not inhibit any person from exercising the 
        right to vote.

SEC. 5. CORRECTIVE ACTION.

    (a) Action by Attorney General.--
            (1) In general.--Immediately after receiving a report under 
        section 4(a), the Attorney General shall consider and review 
        such report. If the report provides a reasonable basis to find 
        that--
                    (A) false information relating to--
                            (i) the time or place of any general, 
                        primary, run-off, or special election held 
                        solely or in part for the purpose of electing a 
                        candidate for Federal office; or
                            (ii) the qualifications for or restrictions 
                        on voter eligibility for any such election;
                        has been communicated, caused to be 
                        communicated, or produced with the intent that 
                        such information be communicated; and
                    (B) the communication of such false information 
                could materially hinder any citizen's right to vote;
        the Attorney General shall undertake all effective measures 
        necessary to correct such false information by providing 
        correct information relating to the time or place of the 
        election or the qualifications for or restrictions on voter 
        eligibility to voters affected by the false information. The 
        information provided by the Attorney General to affected voters 
        under the preceding sentence shall only consist of information 
        necessary to correct the false information described in the 
        report.
            (2) Investigation.--In reviewing a report under paragraph 
        (1), the Attorney General shall not undertake any investigation 
        relating to the report unless--
                    (A) such an investigation is necessary to determine 
                the need for, or the scope of, corrective action under 
                paragraph (1); and
                    (B) the Attorney General reasonably determines that 
                such investigation will not inhibit any person from 
                exercising the right to vote.
    (b) Right of Action.--If a person has made a report under section 
4(a) that provides a reasonable basis for finding that information 
described in subsection (a)(1)(A) has been communicated, caused to be 
communicated, or produced with the intent that such information be 
communicated, and the Attorney General fails to take corrective action 
required under subsection (a) within 72 hours of the filing of such 
report (or sooner if necessary to permit timely corrective action 
before an election), such person may apply to a United States district 
court for an order requiring the Attorney General to take such 
corrective action.
    (c) Standards for Taking Corrective Action.--
            (1) In general.--
                    (A) Biannual report.--Not later than January 1 of 
                each year in which there is a regularly scheduled 
                general election for Federal office, the Attorney 
                General shall submit to the Committee on the Judiciary 
                of the Senate and the Committee on the Judiciary of the 
                House of Representatives a report on the procedures and 
                standards intended to be used to provide corrective 
                action under this subsection.
                    (B) Supplemental reports.--If the Attorney General 
                revises or changes any procedures or standards 
                contained in the most recent report submitted under 
                subparagraph (A), the Attorney General shall promptly 
                submit to the Committee on the Judiciary of the Senate 
                and the Committee on the Judiciary of the House of 
                Representatives a report on such revised or additional 
                procedures.
                    (C) Consultation.--In developing or revising any 
                standards or procedures for the methods and means of 
                corrective actions under this subsection, the Attorney 
                General shall consult with the Election Assistance 
                Commission, civil rights organizations, voting rights 
                groups, State and local election officials, voter 
                protection groups, and other interested community 
                organizations.
            (2) Study.--
                    (A) 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 corrective 
                information under subsection (a) through public service 
                announcements, the emergency alert system, or other 
                forms of public broadcast.
                    (B) Report.--Not later than 90 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 subparagraph (A).
    (d) Federal Office.--For purposes of this section and section 6, 
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.
    (e) 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. 6. REPORTS TO CONGRESS.

    (a) In General.--Not later than 90 days after any general 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 section 4(a) 
which relate to such election or to any primary or run-off election 
held before such election and after the general election for Federal 
office preceding the general election to which the report relates.
    (b) Contents.--
            (1) In general.--Each report submitted under subsection (a) 
        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 under section 5(a) 
                in response to such allegations;
                    (F) the rationale used for any such corrective 
                actions or for any refusal to pursue an allegation 
                relating to information described in section 
                5(a)(1)(A);
                    (G) the effectiveness of any such corrective 
                actions;
                    (H) any legal actions filed against the Attorney 
                General under section 5(b), together with the outcome 
                of each such legal action;
                    (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.
            (2) Exception.--The Attorney General may withhold any 
        nonpublic information that the Attorney General reasonably 
        determines would infringe on the rights of a criminal suspect 
        or defendant or would compromise an on-going investigation or 
        prosecution.
    (c) Report Made Public.--On the date that the Attorney General 
submits the report required under subsection (a), the Attorney General 
shall also make the report publicly available through the Internet and 
other appropriate means.

SEC. 7. 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.
                                                       Calendar No. 411

110th CONGRESS

  1st Session

                                 S. 453

                          [Report No. 110-191]

_______________________________________________________________________

                                 A BILL

         To prohibit deceptive practices in Federal elections.

_______________________________________________________________________

                            October 4, 2007

                       Reported with an amendment