II 

112TH CONGRESS 

1ST SESSION S. 1994 

To prohibit deceptive practices in Federal elections. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2011 

Mr. SCHUMER (for himself, Mr. CARDIN, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To prohibit deceptive practices in Federal elections. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deceptive Practices 

5 and Voter Intimidation Prevention Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The right to vote by casting a ballot for 

9 one’s preferred candidate is a fundamental right ac10 corded to United States citizens by the Constitution, 


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1 and the unimpeded exercise of this right is essential 

2 to the functioning of our democracy. 

3 (2) Historically, certain citizens, especially ra4 cial, ethnic, and language minorities, were prevented 

5 from voting because of significant barriers such as 

6 literacy tests, poll taxes, and property requirements. 

7 (3) Some of these barriers were removed by the 

8 15th, 19th, and 24th Amendments to the Constitu9 tion. 

10 (4) Despite the elimination of some of these 

11 barriers to the polls, the integrity of today’s elec12 tions is threatened by newer tactics aimed at sup13 pressing voter turnout. These tactics include ‘‘decep14 tive practices’’, which involve the dissemination of 

15 false information intended to prevent voters from 

16 casting their ballots, prevent voters from voting for 

17 the candidate of their choice, intimidate the elec18 torate, and undermine the integrity of the electoral 

19 process. 

20 (5) Denials of the right to vote, and deceptive 

21 practices designed to prevent members of racial, eth22 nic, and language minorities from exercising that 

23 right, are an outgrowth of discriminatory history, in24 cluding slavery. Measures to combat denials of that 

25 right are a legitimate exercise of congressional power 


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1 under article I, section 4 and article II, section 1 of, 

2 and the 14th and 15th Amendments to, the United 

3 States Constitution. 

4 (6) Shortly before the 1990 midterm Federal 

5 elections, 125,000 voters in North Carolina received 

6 postcards providing false information about voter eli7 gibility and a warning about criminal penalties for 

8 voter fraud. Ninety-seven percent of the voters who 

9 received postcards were African-American. 

10 (7) In 2004, Native American voters in South 

11 Dakota were prevented from voting after they did 

12 not provide photographic identification upon request, 

13 despite the fact that they were not required to 

14 present such identification in order to vote under 

15 State or Federal law. 

16 (8) In 2004, fliers were distributed in minority 

17 neighborhoods in Milwaukee, Wisconsin, falsely 

18 claiming, ‘‘If you’ve already voted in any election 

19 this year, you can’t vote in the presidential election; 

20 If anybody in your family has ever been found guilty 

21 of anything, you can’t vote in the presidential elec22 tion; If you violate any of these laws, you can get 

23 ten years in prison and your children will get taken 

24 away from you.’’. 


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1 (9) In 2004, in Franklin County, Ohio, a flyer 

2 was distributed urging voters of one political party 

3 to vote on Tuesday, Election Day, and voters of an4 other political party to vote on Wednesday, the day 

5 after the election. 

6 (10) In the 2004 general election, in Allegheny 

7 County, Pennsylvania, a flyer was distributed noting 

8 that due to ‘‘immense voter turnout’’ Republicans 

9 should vote on Tuesday and Democrats should vote 

10 on Wednesday. The flyer thanked voters ‘‘for cooper11 ating with us in this endeavor to create a peaceful 

12 voting environment’’. 

13 (11) In the 2006 midterm election, 14,000 

14 Latino voters in Orange County, California received 

15 mailings from the California Coalition for Immigra16 tion Reform, warning them in Spanish that ‘‘if you 

17 are an immigrant, voting in a federal election is a 

18 crime that can result in incarceration . . .’’. In fact, 

19 an immigrant who is a naturalized citizen of the 

20 United States has the same right to vote as any 

21 other citizen. 

22 (12) In the same 2006 election, some Virginia 

23 voters received automated phone messages falsely 

24 warning them that the ‘‘Virginia Elections Commis25 sion’’ had determined they were ineligible to vote 


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1 and that they would face severe criminal penalties if 

2 they tried to cast a ballot. 

3 (13) In 2006, in Maryland, certain campaigns 

4 for Governor and United States Senator distributed 

5 fliers in predominantly African-American neighbor6 hoods falsely claiming that certain candidates had 

7 been endorsed by their opponents’ party and by 

8 prominent figures who had actually endorsed the op9 ponents of the candidates. 

10 (14) In 2008, Ohio residents reported receiving 

11 misleading automated calls giving voters incorrect 

12 information about the location of their polling 

13 places. 

14 (15) In the same year, fliers were distributed in 

15 predominantly African-American neighborhoods of 

16 Philadelphia, Pennsylvania, falsely warning that peo17 ple with outstanding warrants or unpaid parking 

18 tickets could be arrested if they showed up at the 

19 polls on Election Day. 

20 (16) In the same year, messages were sent to 

21 users of the social media website Facebook falsely 

22 stating that the election had been postponed a day. 

23 Students at some universities, including Florida 

24 State University, received text messages saying the 

25 same thing. 


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1 (17) In the same year, a local registrar of elec2 tions in Montgomery County, Virginia, issued two 

3 releases incorrectly warning that students at Vir4 ginia Tech who registered to vote at their college 

5 could no longer be claimed as dependents on their 

6 parents’ tax returns and could lose scholarships or 

7 coverage under their parents’ car and health insur8 ance. 

9 (18) In the 2010 election, in African-American 

10 neighborhoods of Houston, Texas, a group called the 

11 ‘‘Black Democratic Trust of Texas’’ distributed fly12 ers falsely warning that a straight-ticket vote for the 

13 Democratic Party would not count and that a vote 

14 just for a single Democratic candidate would count 

15 for the entire Democratic ticket. 

16 (19) In the 2010 election, in Maryland, a polit17 ical consultant paid for robocalls on election night to 

18 thousands of African-American households that said, 

19 while the polls were still open, ‘‘I’m calling to let ev20 eryone know that Governor O’Malley and President 

21 Obama have been successful. Our goals have been 

22 met. The polls were correct . . . We’re okay. Relax. 

23 Everything is fine. The only thing left is to watch 

24 on TV tonight.’’. 


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1 (20) Those responsible for these and similar ef2 forts should be held accountable, and civil and crimi3 nal penalties should be available to punish anyone 

4 who seeks to keep voters away from the polls by pro5 viding false information. 

6 (21) Moreover, the Federal Government should 

7 help correct such false information in order to assist 

8 voters in exercising their right to vote without confu9 sion and to preserve the integrity of the electoral 

10 process. 

11 (22) The Federal Government has a compelling 

12 interest in ‘‘protecting voters from confusion and 

13 undue influence’’ and in ‘‘preserving the integrity of 

14 its election process’’. Burson v. Freeman, 504 U.S. 

15 191, 199 (1992). 

16 (23) The First Amendment does not preclude 

17 the regulation of some intentionally false speech, 

18 even if it is political in nature. As the Supreme 

19 Court of the United States has recognized, ‘‘[t]hat 

20 speech is used as a tool for political ends does not 

21 automatically bring it under the protective mantle of 

22 the Constitution. For the use of the known lie as a 

23 tool is at once at odds with the premises of demo24 cratic government and with the orderly manner in 

25 which economic, social, or political change is to be 


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1 effected . . . . Hence the knowingly false statement 

2 and the false statement made with reckless disregard 

3 of the truth, do not enjoy constitutional protection.’’. 

4 Garrison v. Louisiana, 379 U.S. 64, 75 (1964). 

5 SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED6 ERAL ELECTIONS. 

7 (a) CIVIL ACTION.—Subsection (b) of section 2004 

8 of the Revised Statutes (42 U.S.C. 1971(b)) is amended— 

9 (1) by striking ‘‘No person’’ and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—No person’’; and 

12 (2) by inserting at the end the following new 

13 paragraphs: 

14 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

15 ELECTIONS.— 

16 ‘‘(A) PROHIBITION.—No person, whether 

17 acting under color of law or otherwise, shall, 

18 within 90 days before an election described in 

19 paragraph (5), by any means, including by 

20 means of written, electronic, or telephonic com21 munications, communicate or cause to be com22 municated information described in subpara23 graph (B), or produce information described in 

24 subparagraph (B) with the intent that such in25 formation be communicated, if such person— 


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1 ‘‘(i) knows such information to be ma2 terially false; and 

3 ‘‘(ii) has the intent to mislead voters, 

4 or the intent to impede, hinder, discourage, 

5 or prevent another person from exercising 

6 the right to vote in an election described in 

7 paragraph (5). 

8 ‘‘(B) INFORMATION DESCRIBED.—Infor9 mation is described in this subparagraph if such 

10 information is regarding— 

11 ‘‘(i) the time or place of holding any 

12 election described in paragraph (5); or 

13 ‘‘(ii) the qualifications for or restric14 tions on voter eligibility for any such elec15 tion, including— 

16 ‘‘(I) any criminal penalties asso17 ciated with voting in any such elec18 tion; or 

19 ‘‘(II) information regarding a 

20 voter’s registration status or eligi21 bility. 

22 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

23 ENDORSEMENTS.— 

24 ‘‘(A) PROHIBITION.—No person, whether 

25 acting under color of law or otherwise, shall, 


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1 within 90 days before an election described in 

2 paragraph (5), by any means, including by 

3 means of written, electronic, or telephonic com4 munications, communicate, or cause to be com5 municated, a materially false statement about 

6 an endorsement, if such person— 

7 ‘‘(i) knows such statement to be false; 

8 and 

9 ‘‘(ii) has the intent to mislead voters. 

10 ‘‘(B) DEFINITION OF ‘MATERIALLY

11 FALSE’.—For purposes of subparagraph (A), a 

12 statement about an endorsement is ‘materially 

13 false’ if, with respect to an upcoming election 

14 described in paragraph (5)— 

15 ‘‘(i) the statement states that a spe16 cifically named person, political party, or 

17 organization has endorsed the election of a 

18 specific candidate for a Federal office de19 scribed in such paragraph; 

20 ‘‘(ii) such person, political party, or 

21 organization has not endorsed the election 

22 of such candidate; and 

23 ‘‘(iii) such person, political party, or 

24 organization— 


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1 ‘‘(I) has publicly and explicitly 

2 stated that it supports the election of 

3 a different candidate for such Federal 

4 office in the election; or 

5 ‘‘(II) has supported no candidate 

6 for such Federal office in the election. 

7 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE8 VENTING VOTING OR REGISTERING TO VOTE.—No 

9 person, whether acting under color of law or other10 wise, shall corruptly hinder, interfere with, or pre11 vent another person from voting, registering to vote, 

12 or aiding another person to vote or register to vote 

13 in an election described in paragraph (5). 

14 ‘‘(5) ELECTION DESCRIBED.—An election de15 scribed in this paragraph is any general, primary, 

16 run-off, or special election held solely or in part for 

17 the purpose of nominating or electing a candidate 

18 for the office of President, Vice President, presi19 dential elector, Member of the United States Senate, 

20 Member of the United States House of Representa21 tives, or Delegate or Commissioner from a district, 

22 territory, or possession.’’. 

23 (b) PRIVATE RIGHT OF ACTION.— 


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1 (1) IN GENERAL.—Subsection (c) of section 

2 2004 of the Revised Statutes (42 U.S.C. 1971(c)) is 

3 amended— 

4 (A) by striking ‘‘Whenever any person’’ 

5 and inserting the following: 

6 ‘‘(1) Whenever any person’’; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) Any person aggrieved by a violation of 

10 subsection (b)(2), (b)(3), or (b)(4) may institute a 

11 civil action for preventive relief, including an appli12 cation in a United States district court for a perma13 nent or temporary injunction, restraining order, or 

14 other order.’’. 

15 (2) CONFORMING AMENDMENTS.— 

16 (A) Subsection (e) of section 2004 of the 

17 Revised Statutes (42 U.S.C. 1971(e)) is amend18 ed by striking ‘‘subsection (c)’’ and inserting 

19 ‘‘subsection (c)(1)’’. 

20 (B) Subsection (g) of section 2004 of the 

21 Revised Statutes (42 U.S.C. 1971(g)) is amend22 ed by striking ‘‘subsection (c)’’ and inserting 

23 ‘‘subsection (c)(1)’’. 

24 (c) CRIMINAL PENALTY.— 


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1 (1) IN GENERAL.—Section 594 of title 18, 

2 United States Code, is amended— 

3 (A) by striking ‘‘Whoever’’ and inserting 

4 the following: 

5 ‘‘(a) INTIMIDATION.—Whoever’’; 

6 (B) in subsection (a), as inserted by sub7 paragraph (A), by striking ‘‘at any election’’ 

8 and inserting ‘‘at any general, primary, run-off, 

9 or special election’’; and 

10 (C) by adding at the end the following new 

11 subsections: 

12 ‘‘(b) DECEPTIVE ACTS.— 

13 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

14 ELECTIONS.— 

15 ‘‘(A) PROHIBITION.—It shall be unlawful 

16 for any person, whether acting under color of 

17 law or otherwise, within 90 days before an elec18 tion described in subsection (e), by any means, 

19 including by means of written, electronic, or tel20 ephonic communications, to communicate or 

21 cause to be communicated information de22 scribed in subparagraph (B), or produce infor23 mation described in subparagraph (B) with the 

24 intent that such information be communicated, 

25 if such person— 


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1 ‘‘(i) knows such information to be ma2 terially false; and 

3 ‘‘(ii) has the intent to mislead voters, 

4 or the intent to impede, hinder, discourage, 

5 or prevent another person from exercising 

6 the right to vote in an election described in 

7 subsection (e). 

8 ‘‘(B) INFORMATION DESCRIBED.—Infor9 mation is described in this subparagraph if such 

10 information is regarding— 

11 ‘‘(i) the time or place of holding any 

12 election described in subsection (e); or 

13 ‘‘(ii) the qualifications for or restric14 tions on voter eligibility for any such elec15 tion, including— 

16 ‘‘(I) any criminal penalties asso17 ciated with voting in any such elec18 tion; or 

19 ‘‘(II) information regarding a 

20 voter’s registration status or eligi21 bility. 

22 ‘‘(2) PENALTY.—Any person who violates para23 graph (1) shall be fined under this title, imprisoned 

24 for not more than 5 years, or both. 


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1 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE2 VENTING VOTING OR REGISTERING TO VOTE.— 

3 ‘‘(1) PROHIBITION.—It shall be unlawful for 

4 any person, whether acting under color of law or 

5 otherwise, to corruptly hinder, interfere with, or pre6 vent another person from voting, registering to vote, 

7 or aiding another person to vote or register to vote 

8 in an election described in subsection (e). 

9 ‘‘(2) PENALTY.—Any person who violates para10 graph (1) shall be fined under this title, imprisoned 

11 for not more than 5 years, or both. 

12 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

13 any offense described in subsection (a), (b)(1), or (c)(1) 

14 shall be subject to the same penalties as those prescribed 

15 for the offense that the person attempted to commit. 

16 ‘‘(e) ELECTION DESCRIBED.—An election described 

17 in this subsection is any general, primary, run-off, or spe18 cial election held solely or in part for the purpose of nomi19 nating or electing a candidate for the office of President, 

20 Vice President, presidential elector, Member of the United 

21 States Senate, Member of the United States House of 

22 Representatives, or Delegate or Commissioner from a dis23 trict, territory, or possession.’’. 

24 (2) MODIFICATION OF PENALTY FOR VOTER IN25 TIMIDATION.—Section 594(a) of title 18, United 


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1 States Code, as inserted and amended by paragraph 

2 (1), is amended by striking ‘‘one year’’ and inserting 

3 ‘‘5 years’’. 

4 (3) SENTENCING GUIDELINES.— 

5 (A) REVIEW AND AMENDMENT.—Not later 

6 than 180 days after the date of enactment of 

7 this Act, the United States Sentencing Commis8 sion, pursuant to its authority under section 

9 994 of title 28, United States Code, and in ac10 cordance with this section, shall review and, if 

11 appropriate, amend the Federal sentencing 

12 guidelines and policy statements applicable to 

13 persons convicted of any offense under section 

14 594 of title 18, United States Code, as amend15 ed by this section. 

16 (B) AUTHORIZATION.—The United States 

17 Sentencing Commission may amend the Federal 

18 Sentencing Guidelines in accordance with the 

19 procedures set forth in section 21(a) of the Sen20 tencing Act of 1987 (28 U.S.C. 994 note) as 

21 though the authority under that section had not 

22 expired. 

23 (4) PAYMENTS FOR REFRAINING FROM VOT24 ING.—Subsection (c) of section 11 of the Voting 

25 Rights Act of 1965 (42 U.S.C. 1973i) is amended 


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1 by striking ‘‘either for registration to vote or for vot2 ing’’ and inserting ‘‘for registration to vote, for vot3 ing, or for not voting’’. 

4 SEC. 4. CORRECTIVE ACTION. 

5 (a) CORRECTIVE ACTION.— 

6 (1) IN GENERAL.—If the Attorney General re7 ceives a credible report that materially false informa8 tion has been or is being communicated in violation 

9 of paragraphs (2) and (3) of section 2004(b) of the 

10 Revised Statutes (42 U.S.C. 1971(b)), as added by 

11 section 3(a), and if the Attorney General determines 

12 that State and local election officials have not taken 

13 adequate steps to promptly communicate accurate 

14 information to correct the materially false informa15 tion, the Attorney General shall, pursuant to the 

16 written procedures and standards under subsection 

17 (b), communicate to the public, by any means, in18 cluding by means of written, electronic, or telephonic 

19 communications, accurate information designed to 

20 correct the materially false information. 

21 (2) COMMUNICATION OF CORRECTIVE INFORMA22 TION.—Any information communicated by the Attor23 ney General under paragraph (1)— 

24 (A) shall— 

25 (i) be accurate and objective; 


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1 (ii) consist of only the information 

2 necessary to correct the materially false in3 formation that has been or is being com4 municated; and 

5 (iii) to the extent practicable, be by a 

6 means that the Attorney General deter7 mines will reach the persons to whom the 

8 materially false information has been or is 

9 being communicated; and 

10 (B) shall not be designed to favor or dis11 favor any particular candidate, organization, or 

12 political party. 

13 (b) WRITTEN PROCEDURES AND STANDARDS FOR

14 TAKING CORRECTIVE ACTION.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Attorney 

17 General shall publish written procedures and stand18 ards for determining when and how corrective action 

19 will be taken under this section. 

20 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

21 The procedures and standards under paragraph (1) 

22 shall include appropriate deadlines, based in part on 

23 the number of days remaining before the upcoming 

24 election. 


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1 (3) CONSULTATION.—In developing the proce2 dures and standards under paragraph (1), the Attor3 ney General shall consult with the Election Assist4 ance Commission, State and local election officials, 

5 civil rights organizations, voting rights groups, voter 

6 protection groups, and other interested community 

7 organizations. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Attorney General 

10 such sums as may be necessary to carry out this Act. 

11 SEC. 5. REPORTS TO CONGRESS. 

12 (a) IN GENERAL.—Not later than 180 days after 

13 each general election for Federal office, the Attorney Gen14 eral shall submit to Congress a report compiling all allega15 tions received by the Attorney General of deceptive prac16 tices described in paragraphs (2), (3), and (4) of section 

17 2004(b) of the Revised Statutes (42 U.S.C. 1971(b)), as 

18 added by section 3(a), relating to the general election for 

19 Federal office and any primary, run-off, or special election 

20 relating to the general election for Federal office held in 

21 the 2 years preceding the general election. 

22 (b) CONTENTS.— 

23 (1) IN GENERAL.—Each report submitted 

24 under subsection (a) shall include— 


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1 (A) a description of each allegation of a 

2 deceptive practice described in subsection (a), 

3 including the geographic location, racial and 

4 ethnic composition, and language minority5 group membership of the persons toward whom 

6 the alleged deceptive practice was directed; 

7 (B) the status of the investigation of each 

8 allegation described in subparagraph (A); 

9 (C) a description of each corrective action 

10 taken by the Attorney General under section 

11 4(a) in response to an allegation described in 

12 subparagraph (A); 

13 (D) a description of each referral of an al14 legation described in subparagraph (A) to other 

15 Federal, State, or local agencies; 

16 (E) a description of any civil action insti17 tuted under paragraph (2), (3), or (4) of sec18 tion 2004(b) of the Revised Statutes (42 U.S.C. 

19 1971(b)), as added by section 3(a), in connec20 tion with an allegation described in subpara21 graph (A); and 

22 (F) a description of any criminal prosecu23 tion instituted under section 594 of title 18, 

24 United States Code, as amended by section 

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1 tion described in subparagraph (A) by the At2 torney General. 

3 (2) EXCLUSION OF CERTAIN INFORMATION.— 

4 (A) IN GENERAL.—The Attorney General 

5 shall not include in a report submitted under 

6 subsection (a) any information protected from 

7 disclosure by rule 6(e) of the Federal Rules of 

8 Criminal Procedure or any Federal criminal 

9 statute. 

10 (B) EXCLUSION OF CERTAIN OTHER IN11 FORMATION.—The Attorney General may deter12 mine that the following information shall not be 

13 included in a report submitted under subsection 

14 (a): 

15 (i) Any information which is privi16 leged. 

17 (ii) Any information concerning an 

18 ongoing investigation. 

19 (iii) Any information concerning a 

20 criminal or civil proceeding conducted 

21 under seal. 

22 (iv) Any other nonpublic information 

23 that the Attorney General determines the 

24 disclosure of which could reasonably be ex25 pected to infringe on the rights of any inVerDate Mar 15 2010 03:12 Dec 21, 2011 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1994.IS S1994

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1 dividual or adversely affect the integrity of 

2 a pending or future criminal investigation. 

3 (c) REPORT MADE PUBLIC.—On the date that the 

4 Attorney General submits the report under subsection (a), 

5 the Attorney General shall also make the report publicly 

6 available through the Internet and other appropriate 

7 means. 

8 SEC. 6. SEVERABILITY. 

9 If any provision of this Act or any amendment made 

10 by this Act, or the application of a provision or amend11 ment to any person or circumstance, is held to be uncon12 stitutional, the remainder of this Act and the amendments 

13 made by this Act, and the application of the provisions 

14 and amendments to any person or circumstance, shall not 

15 be affected by the holding. 

Æ 


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