[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3281 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3281
To prohibit deceptive practices in Federal elections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2019
Mr. McEachin (for himself, Mr. Nadler, Mr. Deutch, Mr. Gallego, Ms.
Moore, Ms. Wild, Mr. Evans, Mr. Grijalva, Ms. Norton, Mr. Cohen, Ms.
Kaptur, Ms. Castor of Florida, Mr. Rouda, Ms. Jackson Lee, Mr. Lujan,
Ms. Haaland, Mr. Sarbanes, Mr. O'Halleran, Ms. Pressley, Ms. Ocasio-
Cortez, Mr. Blumenauer, Mr. Clay, Mr. David Scott of Georgia, Mr.
Cisneros, Mr. Meeks, Mrs. Craig, Ms. Lee of California, Mr. Brown of
Maryland, Ms. Clarke of New York, Mr. Ryan, Ms. Jayapal, Mr. Engel, Ms.
DeGette, Mr. Espaillat, Mr. Takano, Mr. Hastings, Mr. Sires, Mr.
Morelle, Mrs. Demings, Mr. Johnson of Georgia, Mr. Higgins of New York,
Ms. Omar, Mrs. Lowey, Mr. Garcia of Illinois, Mrs. Luria, Mrs. Lee of
Nevada, Ms. Schakowsky, Mr. Phillips, Mr. Cooper, Mr. Rush, Mrs.
Kirkpatrick, Mr. Casten of Illinois, Mr. Pallone, Mrs. Davis of
California, Mrs. Hayes, Mr. Scott of Virginia, and Mr. Serrano)
introduced the following bill; which was 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 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote by 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,
ethnic, and language minorities, were prevented from voting
because of significant barriers such as literacy tests, poll
taxes, and property ownership 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 or misleading 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) Furthermore, since the decision in Shelby County v.
Holder in which the Supreme Court struck down the coverage
formula used by the Voting Rights Act of 1965 to determine
which States with a history of racial discrimination must
affirmatively receive government permission before changing
local voting laws, there have been Federal court decisions
finding or affirming that States or localities intentionally
discriminated against African Americans and other voters of
color.
(6) Denials of the right to vote, and deceptive practices
designed to prevent members of racial, ethnic, and language
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 article I, section 4 and article II,
section 1 of, and the 14th and 15th Amendments to, the United
States Constitution.
(7) For the last few decades, there have been a number of
instances of deceptive or intimidating practices aimed towards
suppressing minority access to the voting booth that
demonstrates the need for strengthened protections.
(8) In addition, in at least one instance in 1990,
thousands of voters reportedly received postcards providing
false information about voter eligibility and warnings about
criminal penalties for voter fraud. Most of the voters who
received the postcards were African American.
(9) During the 2004 elections, Native American voters in
South Dakota reported being required to provide photographic
identification in order to vote, despite the fact that neither
State nor Federal law required such identification.
(10) In the 2006 midterm elections, thousands of Latino
voters received mailings warning them in Spanish that voting in
a Federal election as an immigrant could result in
incarceration--despite the fact that any immigrant who is a
naturalized citizen of the United States has the same right to
vote as any other citizen.
(11) In 2008, fliers were distributed in predominantly
African-American neighborhoods falsely warning that people with
outstanding warrants or unpaid parking tickets could be
arrested if they showed up at the polls on Election Day. In the
same year, there were reports of people receiving text messages
on Election Day asking them to wait until the following day to
vote.
(12) In 2012, there were reports of voters receiving calls
falsely informing them that they could vote via telephone.
(13) In the 2016 elections, there were reports of students
receiving fliers stating that in order to vote in a local
precinct, they had to pay to change their driver's license and
re-register vehicles in the city in which the precinct was
located.
(14) 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.
(15) 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.
(16) 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).
(17) 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) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(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.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special election
held solely or in part for the purpose of nominating or
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.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2), (b)(3), or (b)(4) may institute a civil action for
preventive relief, including an application in a United States
district court for a permanent or temporary injunction,
restraining order, or other order. In any such action, the
court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(e)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(B) Subsection (g) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(g)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, run-off, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to mislead voters, or
the intent to impede or prevent another person
from exercising the right to vote in an
election described in subsection (e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, run-off, or special election held solely or in
part for the purpose of nominating or 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.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 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, as amended by this section.
(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.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 4. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 3(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this Act.
SEC. 5. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 3(a), relating to the general election for Federal
office and any primary, run-off, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 3(b), in connection
with an allegation described in subparagraph (A); and
(F) a description of any criminal prosecution
instituted under section 594 of title 18, United States
Code, as amended by section 3(c), in connection with
the receipt of an allegation described in subparagraph
(A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
SEC. 6. 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.
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