[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[Senate]
[Pages S12531-S12532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. OBAMA:
  S. 1975. A bill to prohibit deceptive practices in Federal elections; 
to the Committee on Rules and Administration.
  Mr. OBAMA. Mr. President, today millions of Americans will exercise 
their most fundamental right under the Constitution the right to vote. 
As in every election, I hope all eligible Americans go to the polls to 
exercise this right. Voter participation is fundamental to our 
democracy, and we must do all we can to encourage those who can to 
vote.
  After seeing what happened over the last two presidential elections, 
I have some other hopes for this Election Day. I hope all voters who go 
to the polls find voting machines that work, non-partisan poll workers 
who understand the law and enforce it without bias, lines that move 
smoothly, and ballots that make sense and are easy to understand. I 
also hope voters go to the polls today with accurate information about 
what is on the ballot, where they are supposed to vote, and what our 
Nation's voting laws are.
  It might surprise some of you to know, but even in this awesome age 
of technological advancement and easy access to information, there are 
folks who will stop at nothing to try to deceive people and keep them 
away from the polls. These deceptive practices all too often target and 
exploit vulnerable populations, like minorities, the disabled, or the 
poor.
  Think about the story of the 2004 presidential election when voters 
in Milwaukee received fliers from the non-existent ``Milwaukee Black 
Voters League,'' warning that voters risk imprisonment for voting if 
they were ever found guilty of any offense--even a traffic violation. 
In that same election, in a county in Ohio, some voters received 
mailings misinforming voters that anyone registered to vote by the 
Kerry Campaign or the NAACP would be barred from voting.
  Deceptive practices often rely on a few tried and true tricks. Voters 
are often warned that an unpaid parking ticket will lead to their 
arrest or that folks with family members who have been convicted of a 
crime are ineligible to vote. Of course, these warnings have no basis 
in fact, and they are made with one goal and one goal only to keep 
Americans away from the polls.
  I hope voters who go to the polls today are not victims of such 
malicious campaigns, but I know hoping is not enough. That is why I am 
introducing the Deceptive Election Practices and Voter Intimidation 
Prevention Act of 2005 to provide voters with real protection from 
deceptive practices that aim to keep them away from the polls on 
Election Day.
  The bill I am introducing today provides the clear statutory language 
and authority needed to get allegations of deceptive practices 
investigated. It establishes harsh penalties for those found to have 
perpetrated them. And the bill seeks to address the real harm of these 
crimes--voters who are discouraged from voting by misinformation--by 
establishing a process for reaching out to these misinformed and 
intimidated voters with accurate and full information so they can cast 
their votes in time. Perhaps just as important, this bill creates 
strong penalties for deceptive election acts, so people who commit 
these crimes suffer more than just a slap on the hand.
  This legislation has the support of groups like the NAACP, the 
Lawyers Committee for Civil Rights Under Law, Common Cause, the Arc of 
the United States, United Cerebral Palsy, People for the American Way 
and the National Disability Rights Network.
  Deceptive practices and voter intimidation are real problems and 
demand real solutions like those offered in my bill.
  I hope my colleagues will join me and support this bill and work to 
ensure that all eligible voters have the opportunity to have their 
votes count.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1975

       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 2005''.

     SEC. 2. DECEPTIVE PRACTICES IN 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) No person, whether acting under color of law or 
     otherwise, shall knowingly deceive any other person 
     regarding--
       ``(A) the time, place, or manner of conducting a 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; or
       ``(B) the qualifications for or restrictions on voter 
     eligibility for any election described in subparagraph 
     (A).''.
       (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.--Section 594 of title 18, United 
     States Code, is amended--
       (1) by striking ``Whoever'' and inserting the following:
       ``(a) Intimidation.--Whoever''; and
       (2) by adding at the end the following:
       ``(b) Deceptive Acts.--
       ``(1) Prohibition.--
       ``(A) In general.--It shall be unlawful for any person to 
     knowingly deceive another person regarding the time, place, 
     or manner of an election described in subparagraph (B), or 
     the qualifications for or restrictions on voter eligibility 
     for any such election, with the intent to prevent such person 
     from exercising the right to vote in such election.
       ``(B) Election.--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, 
     Delegate of the District of Columbia, or Resident 
     Commissioner.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined not more than $100,000, imprisoned not more than 1 
     year, or both.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. REPORTING FALSE ELECTION INFORMATION.

       (a) In General.--Any person may report to the Assistant 
     Attorney General of the Civil Rights Division of the 
     Department of Justice, or the designee of such Assistant 
     Attorney General, any act of deception regarding--
       (1) the time, place, or manner of conducting a general, 
     primary, run-off, or special election for Federal office; or
       (2) the qualifications for or restrictions on voter 
     eligibility for any general, primary, run-off, or special 
     election for Federal office.
       (b) Corrective Action.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 48 hours after receiving a report under subsection 
     (a), the Assistant Attorney General shall investigate such 
     report and, if the Assistant Attorney General determines that 
     an act of deception described in subsection (a) occurred, 
     shall--
       (A) undertake all effective measures necessary to provide 
     correct information to voters affected by the deception, and
       (B) refer the matter to the appropriate Federal and State 
     authorities for criminal prosecution.

[[Page S12532]]

       (2) Reports within 72 hours of an election.--If a report 
     under subsection (a) is received within 72 hours before the 
     election described in such subsection, the Assistant Attorney 
     General shall immediately investigate such report and, if the 
     Assistant Attorney General determines that an act of 
     deception described in subsection (a) occurred, shall 
     immediately undertake all effective measures necessary to 
     provide correct information to voters affected by the 
     deception.
       (3) Regulations.--
       (A) In general.--The Attorney General shall promulgate 
     regulations regarding the methods and means of corrective 
     actions to be taken under paragraphs (1) and (2). Such 
     regulations shall be developed in consultation with the 
     Election Assistance Commission, civil rights organizations, 
     voting rights groups, State 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 
     paragraphs (1) and (2) 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 
     deceptive practices 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) any corrective actions taken in response to such 
     allegations;
       (iii) the effectiveness of any such corrective actions;
       (iv) any suit instituted under section 2004(b)(2) of the 
     Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with 
     such allegations;
       (v) statistical compilations of how many allegations were 
     made and of what type;
       (vi) the geographic locations of and the populations 
     affected by the alleged deceptive information; and
       (vii) the status of the investigations of 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.--The Attorney General shall make 
     the report required under paragraph (1) publicly available 
     through the Internet and other appropriate means.
       (d) 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.
       (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.
                                 ______