I 

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. LUJA ́N, 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. GARCI ́A 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. 

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 2019’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 one’s preferred candidate is a fundamental right ac5 corded to United States citizens by the Constitution, 

6 and the unimpeded exercise of this right is essential 

7 to the functioning of our democracy. 

8 (2) Historically, certain citizens, especially ra9 cial, ethnic, and language minorities, were prevented 

10 from voting because of significant barriers such as 

11 literacy tests, poll taxes, and property ownership re12 quirements. 

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

14 15th, 19th, and 24th Amendments to the Constitu15 tion. 

16 (4) Despite the elimination of some of these 

17 barriers to the polls, the integrity of today’s elec18 tions is threatened by newer tactics aimed at sup19 pressing voter turnout. These tactics include ‘‘decep20 tive practices’’, which involve the dissemination of 

21 false or misleading information intended to prevent 

22 voters from casting their ballots, prevent voters from 

23 voting for the candidate of their choice, intimidate 

24 the electorate, and undermine the integrity of the 

25 electoral process. 


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1 (5) Furthermore, since the decision in Shelby 

2 County v. Holder in which the Supreme Court 

3 struck down the coverage formula used by the Vot4 ing Rights Act of 1965 to determine which States 

5 with a history of racial discrimination must affirma6 tively receive government permission before changing 

7 local voting laws, there have been Federal court de8 cisions finding or affirming that States or localities 

9 intentionally discriminated against African Ameri10 cans and other voters of color. 

11 (6) Denials of the right to vote, and deceptive 

12 practices designed to prevent members of racial, eth13 nic, and language minorities from exercising that 

14 right, are an outgrowth of discriminatory history, in15 cluding slavery. Measures to combat denials of that 

16 right are a legitimate exercise of congressional power 

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

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

19 States Constitution. 

20 (7) For the last few decades, there have been 

21 a number of instances of deceptive or intimidating 

22 practices aimed towards suppressing minority access 

23 to the voting booth that demonstrates the need for 

24 strengthened protections. 


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1 (8) In addition, in at least one instance in 

2 1990, thousands of voters reportedly received post3 cards providing false information about voter eligi4 bility and warnings about criminal penalties for 

5 voter fraud. Most of the voters who received the 

6 postcards were African American. 

7 (9) During the 2004 elections, Native American 

8 voters in South Dakota reported being required to 

9 provide photographic identification in order to vote, 

10 despite the fact that neither State nor Federal law 

11 required such identification. 

12 (10) In the 2006 midterm elections, thousands 

13 of Latino voters received mailings warning them in 

14 Spanish that voting in a Federal election as an im15 migrant could result in incarceration—despite the 

16 fact that any immigrant who is a naturalized citizen 

17 of the United States has the same right to vote as 

18 any other citizen. 

19 (11) In 2008, fliers were distributed in pre20 dominantly African-American neighborhoods falsely 

21 warning that people with outstanding warrants or 

22 unpaid parking tickets could be arrested if they 

23 showed up at the polls on Election Day. In the same 

24 year, there were reports of people receiving text mesVerDate Sep 11 2014 04:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3281.IH H3281

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1 sages on Election Day asking them to wait until the 

2 following day to vote. 

3 (12) In 2012, there were reports of voters re4 ceiving calls falsely informing them that they could 

5 vote via telephone. 

6 (13) In the 2016 elections, there were reports 

7 of students receiving fliers stating that in order to 

8 vote in a local precinct, they had to pay to change 

9 their driver’s license and re-register vehicles in the 

10 city in which the precinct was located. 

11 (14) Those responsible for these and similar ef12 forts should be held accountable, and civil and crimi13 nal penalties should be available to punish anyone 

14 who seeks to keep voters away from the polls by pro15 viding false information. 

16 (15) Moreover, the Federal Government should 

17 help correct such false information in order to assist 

18 voters in exercising their right to vote without confu19 sion and to preserve the integrity of the electoral 

20 process. 

21 (16) The Federal Government has a compelling 

22 interest in ‘‘protecting voters from confusion and 

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

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

25 191, 199 (1992). 


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1 (17) The First Amendment does not preclude 

2 the regulation of some intentionally false speech, 

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

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

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

6 automatically bring it under the protective mantle of 

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

8 tool is at once at odds with the premises of demo9 cratic government and with the orderly manner in 

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

11 effected . . . . Hence the knowingly false statement 

12 and the false statement made with reckless disregard 

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

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

15 SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED16 ERAL ELECTIONS. 

17 (a) PROHIBITION.—Subsection (b) of section 2004 of 

18 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

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

20 following: 

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

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

23 paragraphs: 

24 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

25 ELECTIONS.— 


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

2 acting under color of law or otherwise, shall, 

3 within 60 days before an election described in 

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

5 means of written, electronic, or telephonic com6 munications, communicate or cause to be com7 municated information described in subpara8 graph (B), or produce information described in 

9 subparagraph (B) with the intent that such in10 formation be communicated, if such person— 

11 ‘‘(i) knows such information to be ma12 terially false; and 

13 ‘‘(ii) has the intent to impede or pre14 vent another person from exercising the 

15 right to vote in an election described in 

16 paragraph (5). 

17 ‘‘(B) INFORMATION DESCRIBED.—Infor18 mation is described in this subparagraph if such 

19 information is regarding— 

20 ‘‘(i) the time, place, or manner of 

21 holding any election described in para22 graph (5); or 

23 ‘‘(ii) the qualifications for or restric24 tions on voter eligibility for any such elec25 tion, including— 


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1 ‘‘(I) any criminal penalties asso2 ciated with voting in any such elec3 tion; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility. 

7 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

8 ENDORSEMENTS.— 

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

10 acting under color of law or otherwise, shall, 

11 within 60 days before an election described in 

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

13 means of written, electronic, or telephonic com14 munications, communicate, or cause to be com15 municated, a materially false statement about 

16 an endorsement, if such person— 

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

18 and 

19 ‘‘(ii) has the intent to impede or pre20 vent another person from exercising the 

21 right to vote in an election described in 

22 paragraph (5). 

23 ‘‘(B) DEFINITION OF ‘MATERIALLY

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

25 statement about an endorsement is ‘materially 


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1 false’ if, with respect to an upcoming election 

2 described in paragraph (5)— 

3 ‘‘(i) the statement states that a spe4 cifically named person, political party, or 

5 organization has endorsed the election of a 

6 specific candidate for a Federal office de7 scribed in such paragraph; and 

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

9 organization has not endorsed the election 

10 of such candidate. 

11 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE12 VENTING VOTING OR REGISTERING TO VOTE.—No 

13 person, whether acting under color of law or other14 wise, shall intentionally hinder, interfere with, or 

15 prevent another person from voting, registering to 

16 vote, or aiding another person to vote or register to 

17 vote in an election described in paragraph (5). 

18 ‘‘(5) ELECTION DESCRIBED.—An election de19 scribed in this paragraph is any general, primary, 

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

21 the purpose of nominating or electing a candidate 

22 for the office of President, Vice President, presi23 dential elector, Member of the Senate, Member of 

24 the House of Representatives, or Delegate or Com25 missioner from a Territory or possession.’’. 


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1 (b) PRIVATE RIGHT OF ACTION.— 

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

3 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

4 is amended— 

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

6 and inserting the following: 

7 ‘‘(1) Whenever any person’’; and 

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

9 paragraph: 

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

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

12 civil action for preventive relief, including an appli13 cation in a United States district court for a perma14 nent or temporary injunction, restraining order, or 

15 other order. In any such action, the court, in its dis16 cretion, may allow the prevailing party a reasonable 

17 attorney’s fee as part of the costs.’’. 

18 (2) CONFORMING AMENDMENTS.— 

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

20 Revised Statutes (52 U.S.C. 10101(e)) is 

21 amended by striking ‘‘subsection (c)’’ and in22 serting ‘‘subsection (c)(1)’’. 

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

24 Revised Statutes (52 U.S.C. 10101(g)) is 


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1 amended by striking ‘‘subsection (c)’’ and in2 serting ‘‘subsection (c)(1)’’. 

3 (c) CRIMINAL PENALTIES.— 

4 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

5 United States Code, is amended— 

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

7 the following: 

8 ‘‘(a) INTIMIDATION.—Whoever’’; 

9 (B) in subsection (a), as inserted by sub10 paragraph (A), by striking ‘‘at any election’’ 

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

12 or special election’’; and 

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

14 subsections: 

15 ‘‘(b) DECEPTIVE ACTS.— 

16 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

17 ELECTIONS.— 

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

19 for any person, whether acting under color of 

20 law or otherwise, within 60 days before an elec21 tion described in subsection (e), by any means, 

22 including by means of written, electronic, or tel23 ephonic communications, to communicate or 

24 cause to be communicated information de25 scribed in subparagraph (B), or produce inforVerDate Sep 11 2014 04:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3281.IH H3281

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1 mation described in subparagraph (B) with the 

2 intent that such information be communicated, 

3 if such person— 

4 ‘‘(i) knows such information to be ma5 terially false; and 

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

7 or the intent to impede or prevent another 

8 person from exercising the right to vote in 

9 an election described in subsection (e). 

10 ‘‘(B) INFORMATION DESCRIBED.—Infor11 mation is described in this subparagraph if such 

12 information is regarding— 

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

14 election described in subsection (e); or 

15 ‘‘(ii) the qualifications for or restric16 tions on voter eligibility for any such elec17 tion, including— 

18 ‘‘(I) any criminal penalties asso19 ciated with voting in any such elec20 tion; or 

21 ‘‘(II) information regarding a 

22 voter’s registration status or eligi23 bility. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined not more than $100,000, 

3 imprisoned for not more than 5 years, or both. 

4 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE5 VENTING VOTING OR REGISTERING TO VOTE.— 

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

7 any person, whether acting under color of law or 

8 otherwise, to corruptly hinder, interfere with, or pre9 vent another person from voting, registering to vote, 

10 or aiding another person to vote or register to vote 

11 in an election described in subsection (e). 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined not more than $100,000, 

14 imprisoned for not more than 5 years, or both. 

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

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

17 shall be subject to the same penalties as those prescribed 

18 for the offense that the person attempted to commit. 

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

20 in this subsection is any general, primary, run-off, or spe21 cial election held solely or in part for the purpose of nomi22 nating or electing a candidate for the office of President, 

23 Vice President, presidential elector, Member of the Senate, 

24 Member of the House of Representatives, or Delegate or 

25 Commissioner from a Territory or possession.’’. 


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1 (2) MODIFICATION OF PENALTY FOR VOTER IN2 TIMIDATION.—Section 594(a) of title 18, United 

3 States Code, as amended by paragraph (1), is 

4 amended by striking ‘‘fined under this title or im5 prisoned not more than one year’’ and inserting 

6 ‘‘fined not more than $100,000, imprisoned for not 

7 more than 5 years’’. 

8 (3) SENTENCING GUIDELINES.— 

9 (A) REVIEW AND AMENDMENT.—Not later 

10 than 180 days after the date of enactment of 

11 this Act, the United States Sentencing Commis12 sion, pursuant to its authority under section 

13 994 of title 28, United States Code, and in ac14 cordance with this section, shall review and, if 

15 appropriate, amend the Federal sentencing 

16 guidelines and policy statements applicable to 

17 persons convicted of any offense under section 

18 594 of title 18, United States Code, as amend19 ed by this section. 

20 (B) AUTHORIZATION.—The United States 

21 Sentencing Commission may amend the Federal 

22 Sentencing Guidelines in accordance with the 

23 procedures set forth in section 21(a) of the Sen24 tencing Act of 1987 (28 U.S.C. 994 note) as 


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1 though the authority under that section had not 

2 expired. 

3 (4) PAYMENTS FOR REFRAINING FROM VOT4 ING.—Subsection (c) of section 11 of the Voting 

5 Rights Act of 1965 (52 U.S.C. 10307) is amended 

6 by striking ‘‘either for registration to vote or for vot7 ing’’ and inserting ‘‘for registration to vote, for vot8 ing, or for not voting’’. 

9 SEC. 4. CORRECTIVE ACTION. 

10 (a) CORRECTIVE ACTION.— 

11 (1) IN GENERAL.—If the Attorney General re12 ceives a credible report that materially false informa13 tion has been or is being communicated in violation 

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

15 Revised Statutes (52 U.S.C. 10101(b)), as added by 

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

17 that State and local election officials have not taken 

18 adequate steps to promptly communicate accurate 

19 information to correct the materially false informa20 tion, the Attorney General shall, pursuant to the 

21 written procedures and standards under subsection 

22 (b), communicate to the public, by any means, in23 cluding by means of written, electronic, or telephonic 

24 communications, accurate information designed to 

25 correct the materially false information. 


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1 (2) COMMUNICATION OF CORRECTIVE INFORMA2 TION.—Any information communicated by the Attor3 ney General under paragraph (1)— 

4 (A) shall— 

5 (i) be accurate and objective; 

6 (ii) consist of only the information 

7 necessary to correct the materially false in8 formation that has been or is being com9 municated; and 

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

11 means that the Attorney General deter12 mines will reach the persons to whom the 

13 materially false information has been or is 

14 being communicated; and 

15 (B) shall not be designed to favor or dis16 favor any particular candidate, organization, or 

17 political party. 

18 (b) WRITTEN PROCEDURES AND STANDARDS FOR

19 TAKING CORRECTIVE ACTION.— 

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

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

22 General shall publish written procedures and stand23 ards for determining when and how corrective action 

24 will be taken under this section. 


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1 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

2 The procedures and standards under paragraph (1) 

3 shall include appropriate deadlines, based in part on 

4 the number of days remaining before the upcoming 

5 election. 

6 (3) CONSULTATION.—In developing the proce7 dures and standards under paragraph (1), the Attor8 ney General shall consult with the Election Assist9 ance Commission, State and local election officials, 

10 civil rights organizations, voting rights groups, voter 

11 protection groups, and other interested community 

12 organizations. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Attorney General 

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

16 SEC. 5. REPORTS TO CONGRESS. 

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

18 each general election for Federal office, the Attorney Gen19 eral shall submit to Congress a report compiling all allega20 tions received by the Attorney General of deceptive prac21 tices described in paragraphs (2), (3), and (4) of section 

22 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

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

24 Federal office and any primary, run-off, or a special elecVerDate Sep 11 2014 04:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3281.IH H3281

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1 tion for Federal office held in the 2 years preceding the 

2 general election. 

3 (b) CONTENTS.— 

4 (1) IN GENERAL.—Each report submitted 

5 under subsection (a) shall include— 

6 (A) a description of each allegation of a 

7 deceptive practice described in subsection (a), 

8 including the geographic location, racial and 

9 ethnic composition, and language minority10 group membership of the persons toward whom 

11 the alleged deceptive practice was directed; 

12 (B) the status of the investigation of each 

13 allegation described in subparagraph (A); 

14 (C) a description of each corrective action 

15 taken by the Attorney General under section 

16 4(a) in response to an allegation described in 

17 subparagraph (A); 

18 (D) a description of each referral of an al19 legation described in subparagraph (A) to other 

20 Federal, State, or local agencies; 

21 (E) to the extent information is available, 

22 a description of any civil action instituted under 

23 section 2004(c)(2) of the Revised Statutes (52 

24 U.S.C. 10101(c)(2)), as added by section 3(b), 


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1 in connection with an allegation described in 

2 subparagraph (A); and 

3 (F) a description of any criminal prosecu4 tion instituted under section 594 of title 18, 

5 United States Code, as amended by section 

6 3(c), in connection with the receipt of an allega7 tion described in subparagraph (A) by the At8 torney General. 

9 (2) EXCLUSION OF CERTAIN INFORMATION.— 

10 (A) IN GENERAL.—The Attorney General 

11 shall not include in a report submitted under 

12 subsection (a) any information protected from 

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

14 Criminal Procedure or any Federal criminal 

15 statute. 

16 (B) EXCLUSION OF CERTAIN OTHER IN17 FORMATION.—The Attorney General may deter18 mine that the following information shall not be 

19 included in a report submitted under subsection 

20 (a): 

21 (i) Any information that is privileged. 

22 (ii) Any information concerning an 

23 ongoing investigation. 


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1 (iii) Any information concerning a 

2 criminal or civil proceeding conducted 

3 under seal. 

4 (iv) Any other nonpublic information 

5 that the Attorney General determines the 

6 disclosure of which could reasonably be ex7 pected to infringe on the rights of any in8 dividual or adversely affect the integrity of 

9 a pending or future criminal investigation. 

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

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

12 the Attorney General shall also make the report publicly 

13 available through the internet and other appropriate 

14 means. 

15 SEC. 6. SEVERABILITY. 

16 If any provision of this Act or any amendment made 

17 by this Act, or the application of a provision or amend18 ment to any person or circumstance, is held to be uncon19 stitutional, the remainder of this Act and the amendments 

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

21 and amendments to any person or circumstance, shall not 

22 be affected by the holding. 

Æ 


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