[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 97 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 97

 To amend title 18, United States Code, to prohibit certain deceptive 
        practices in Federal elections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Conyers (for himself, Mr. Nadler of New York, Ms. Zoe Lofgren of 
   California, Mr. Scott of Virginia, Ms. Jackson-Lee of Texas, Mr. 
 Delahunt, Mr. Wexler, Mr. Ellison, Mr. Cohen, Mr. Johnson of Georgia, 
   Mr. Van Hollen, Mr. Lewis of Georgia, Ms. Norton, Mr. Payne, Mrs. 
   Maloney, and Mr. Schiff) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit certain deceptive 
        practices in Federal elections, and for other purposes.

    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 2009''.

SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 618. Deceptive practices in Federal elections
    ``(a) Whoever, within 60 days before a Federal election, knowingly 
communicates election-related information about that election, knowing 
that information to be false, with the intent to prevent another person 
from exercising the right to vote in that election, or attempts to do 
so, shall be fined under this title or imprisoned not more than 5 
years, or both.
    ``(b) As used in this section--
            ``(1) the term `Federal election' means 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; and
            ``(2) the term `election related information' means 
        information regarding--
                    ``(A) the time, place, or manner of conducting the 
                election;
                    ``(B) the qualifications for or restrictions on 
                voter eligibility for the election, including--
                            ``(i) any criminal penalties associated 
                        with voting in the election; or
                            ``(ii) information regarding a voter's 
                        registration status or eligibility;
                    ``(C) with respect to a closed primary election, 
                the political party affiliation of any candidate for 
                office, if the communication of the information also 
                contains false information described in subparagraph 
                (A) or (B); or
                    ``(D) the explicit endorsement by any person or 
                organization of a candidate running for any office 
                voted on in the election.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``618. Deceptive practices in Federal elections.''.

SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.

    Section 594 of title 18, United States Code, is amended by striking 
``one year'' and inserting ``5 years''.

SEC. 4. SENTENCING GUIDELINES.

    (a) Review and Amendment.--Not later than 90 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 
sections of title 18, United States Code, that are added or modified by 
this Act.
    (b) Authorization.--The United States Sentencing Commission may, 
for the purposes of the amendments made pursuant to this section, 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.

SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION.

    (a) Reporting.--Any person may report to the Attorney General any 
violation or possible violation of section 594 or 618 of title 18, 
United States Code.
    (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 a violation has occurred, 
        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).
            (3) Publicizing remedies.--The Attorney General shall make 
        public through the Internet, radio, television, and newspaper 
        advertisements information on the responsibilities, contact 
        information, and complaint procedures applicable under this 
        section.
    (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 Congress a report compiling and 
        detailing any allegations of false information submitted 
        pursuant to subsection (a) and relating to such election.
            (2) Contents.--Each report submitted under paragraph (1) 
        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 in response to 
                such allegations;
                    (F) the rationale used for any corrective actions 
                or for any refusal to pursue an allegation;
                    (G) the effectiveness of any such corrective 
                actions;
                    (H) whether a Voting Integrity Task Force was 
                established with respect to such election, and, if so, 
                how such task force was staffed and funded;
                    (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.
            (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 shall 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 shall 
                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 this paragraph 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.
                                 <all>