II 

110TH CONGRESS 

1ST SESSION S. 453 

To prohibit deceptive practices in Federal elections. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mr. OBAMA (for himself, Mr. SCHUMER, Mr. LEAHY, Mr. CARDIN, Mr. FEINGOLD, Mr. KERRY, Mrs. FEINSTEIN, Mrs. CLINTON, Mrs. BOXER, and 

Mr. KENNEDY) 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 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The right to vote is a fundamental right ac9 corded to United States citizens by the Constitution 

10 and the unimpeded exercise of this right is essential 

11 to the functioning of our democracy. 


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1 (2) Historically, certain citizens, especially ra2 cial minorities, were prevented from voting because 

3 of significant barriers such as literacy tests, poll 

4 taxes, and property requirements. 

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

6 15th, 19th, and 24th Amendments to the Constitu7 tion. 

8 (4) Despite the elimination of some of these 

9 barriers to the polls, the integrity of today’s elec10 tions is threatened by newer tactics aimed at sup11 pressing voter turnout. These tactics include ‘‘decep12 tive practices’’, which involve the dissemination of 

13 false information intended to prevent voters from 

14 casting their ballots, intimidate the electorate, and 

15 undermine the integrity of the electoral process. 

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

17 practices designed to prevent members of racial mi18 norities from exercising that right, are an outgrowth 

19 of discriminatory history, including slavery. Meas20 ures to combat denials of that right are a legitimate 

21 exercise of congressional power under the 13th, 

22 14th, and 15th Amendments to the United States 

23 Constitution. 

24 (6) Shortly before the 1990 midterm Federal 

25 elections, 125,000 voters in North Carolina received 


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1 postcards providing false information about voter eli2 gibility and a warning about criminal penalties for 

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

4 received postcards were African American. 

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

6 Dakota were prevented from voting after they did 

7 not provide photographic identification upon request, 

8 despite the fact that they were not required to 

9 present such identification in order to vote under 

10 State or Federal law. 

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

12 Latino voters in Orange County, California received 

13 mailings from the California Coalition for Immigra14 tion Reform, warning them in Spanish that ‘‘if you 

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

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

17 an immigrant who is a naturalized citizen of the 

18 United States has the same right to vote as any 

19 other citizen. 

20 (9) In the same 2006 election, some Virginia 

21 voters received automated phone messages falsely 

22 warning them that the ‘‘Virginia Elections Commis23 sion’’ had determined they were ineligible to vote 

24 and that they would face severe criminal penalties if 

25 they tried to cast a ballot. 


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1 (10) In 2006 in Maryland, certain candidates 

2 for Governor and United States Senator distributed 

3 fliers in predominantly African-American neighbor4 hoods falsely claiming that the candidates had been 

5 endorsed by their opponents’ party and by promi6 nent figures who had actually endorsed the oppo7 nents of the candidates. 

8 (11) Those responsible for these and similar ef9 forts should be held accountable, and civil and crimi10 nal penalties should be available to punish anyone 

11 who seeks to keep voters away from the polls by pro12 viding false information. 

13 (12) Moreover, the Federal Government should 

14 help correct such false information in order to assist 

15 voters in exercising their right to vote without confu16 sion and to preserve the integrity of the electoral 

17 process. 

18 (13) The Federal Government has a compelling 

19 interest in ‘‘protecting voters from confusion and 

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

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

22 191, 199 (1992). 

23 (14) The First Amendment does not preclude 

24 the regulation of some intentionally false speech, 

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


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

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

3 automatically bring it under the protective mantle of 

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

5 tool is at once at odds with the premises of demo6 cratic government and with the orderly manner in 

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

8 effected ... . Hence the knowingly false statement 

9 and the false statement made with reckless disregard 

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

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

12 SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED13 ERAL ELECTIONS. 

14 (a) CIVIL ACTION.— 

15 (1) IN GENERAL.—Subsection (b) of section 

16 2004 of the Revised Statutes (42 U.S.C. 1971(b)) is 

17 amended— 

18 (A) by striking ‘‘No person’’ and inserting 

19 the following: 

20 ‘‘(1) No person’’; and 

21 (B) by inserting at the end the following 

22 new paragraph: 

23 ‘‘(2)(A) No person, whether acting under color 

24 of law or otherwise, shall, within 60 days before an 

25 election described in subparagraph (B), commuVerDate Aug 31 2005 04:20 Feb 02, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S453.IS S453

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1 nicate or cause to be communicated information de2 scribed in subparagraph (C), or produce information 

3 described in subparagraph (C) with the intent that 

4 such information be communicated, if such person— 

5 ‘‘(i) knows such information to be false; 

6 and 

7 ‘‘(ii) has the intent to prevent another per8 son from exercising the right to vote in an elec9 tion described in subparagraph (C). 

10 ‘‘(B) An election described in this subparagraph 

11 is any general, primary, run-off, or special election 

12 for the office of President, Vice President, presi13 dential elector, Member of the Senate, Member of 

14 the House of Representatives, or Delegate or Com15 missioner from a territory or possession. 

16 ‘‘(C) Information is described in this subpara17 graph if such information is regarding— 

18 ‘‘(i) the time, place, or manner of any elec19 tion described in subparagraph (B); 

20 ‘‘(ii) the qualifications for or restrictions 

21 on voter eligibility for any such election, includ22 ing— 

23 ‘‘(I) any criminal penalties associated 

24 with voting in any such election by ineli25 gible voters; or 


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1 ‘‘(II) information regarding a voter’s 

2 registration status or eligibility; 

3 ‘‘(iii) the political party affiliation of any 

4 candidate running in a closed primary election 

5 for any office described in subparagraph (B) if 

6 the communication of the information also con7 tains false information described in clause (i) or 

8 (ii); or 

9 ‘‘(iv) the explicit endorsement by any per10 son or organization of a candidate running for 

11 any office described in subparagraph (B).’’. 

12 (2) PRIVATE RIGHT OF ACTION.— 

13 (A) IN GENERAL.—Subsection (c) of sec14 tion 2004 of the Revised Statutes (42 U.S.C. 

15 1971(c)) is amended— 

16 (i) by striking ‘‘Whenever any person’’ 

17 and inserting the following: 

18 ‘‘(1) Whenever any person’’; and 

19 (ii) by adding at the end the following 

20 new paragraph: 

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

22 subsection (b)(2) may institute a civil action or other 

23 proper proceeding for preventive relief, including an 

24 application in a United States district court for a 


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1 permanent or temporary injunction, restraining 

2 order, or other order.’’. 

3 (B) CONFORMING AMENDMENTS.— 

4 (i) Subsection (e) of section 2004 of 

5 the Revised Statutes (42 U.S.C. 1971(e)) 

6 is amended by striking ‘‘subsection (c)’’ 

7 and inserting ‘‘subsection (c)(1)’’. 

8 (ii) Subsection (g) of section 2004 of 

9 the Revised Statutes (42 U.S.C. 1971(g)) 

10 is amended by striking ‘‘subsection (c)’’ 

11 and inserting ‘‘subsection (c)(1)’’. 

12 (b) CRIMINAL PENALTY.— 

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

14 United States Code, is amended— 

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

16 the following: 

17 ‘‘(a) INTIMIDATION.—Whoever’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(b) DECEPTIVE ACTS.— 

20 ‘‘(1) PROHIBITION.— 

21 ‘‘(A) IN GENERAL.—It shall be unlawful 

22 for any person, within 60 days before an elec23 tion described in subparagraph (B), to commu24 nicate or cause to be communicated information 

25 described in subparagraph (C), or produce inVerDate Aug 31 2005 04:20 Feb 02, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S453.IS S453

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1 formation described in subparagraph (C) with 

2 the intent that such information be commu3 nicated, if such person— 

4 ‘‘(i) knows such information to be 

5 false; and 

6 ‘‘(ii) has the intent to prevent another 

7 person from exercising the right to vote in 

8 an election described in subparagraph (C). 

9 ‘‘(B) ELECTION DESCRIBED.—An election 

10 described in this subparagraph is any general, 

11 primary, run-off, or special election for the of12 fice of President, Vice President, presidential 

13 elector, Member of the Senate, Member of the 

14 House of Representatives, or Delegate or Com15 missioner from a territory or possession. 

16 ‘‘(C) INFORMATION DESCRIBED.—Informa17 tion is described in this subparagraph if such 

18 information is regarding— 

19 ‘‘(i) the time, place, or manner of any 

20 election described in subparagraph (B); 

21 ‘‘(ii) the qualifications for or restric22 tions on voter eligibility for any such elec23 tion, including— 


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1 ‘‘(I) any criminal penalties asso2 ciated with voting in any such election 

3 by ineligible voters; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility; 

7 ‘‘(iii) the political party affiliation of 

8 any candidate running in a closed primary 

9 election for any office described in sub10 paragraph (B) if the communication of the 

11 information also contains false information 

12 described in clause (i) or (ii); or 

13 ‘‘(iv) the explicit endorsement by any 

14 person or organization of a candidate run15 ning for any office described in subpara16 graph (B). 

17 ‘‘(2) PENALTY.—Any person who violates para18 graph (1) shall be fined not more than $100,000, 

19 imprisoned not more than 5 years, or both. 

20 ‘‘(c) ATTEMPT AND CONSPIRACY.— 

21 ‘‘(1) ATTEMPT.—Any person who attempts to 

22 commit any offense described in subsection (a) or 

23 (b) shall be subject to the same penalties as those 

24 prescribed for the offense that the person attempted 

25 to commit. 


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1 ‘‘(2) CONSPIRACY.—If 2 or more persons con2 spire to commit an offense described in subsection 

3 (a) or (b), and 1 or more of such persons do any 

4 act to effect the object of the conspiracy, each shall 

5 be fined under this title or imprisoned not more 

6 than 5 years.’’. 

7 (2) MODIFICATION OF PENALTY FOR VOTER IN8 TIMIDATION.—Section 594(a) of title 18, United 

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

10 amended— 

11 (A) by inserting ‘‘by any means, including 

12 by means of written, electronic, or telephonic 

13 communications,’’ after ‘‘any other person’’; 

14 and 

15 (B) by striking ‘‘one year’’ and inserting 

16 ‘‘5 years’’. 

17 (3) SENTENCING GUIDELINES.— 

18 (A) REVIEW AND AMENDMENT.—Not later 

19 than 180 days after the date of enactment of 

20 this Act, the United States Sentencing Commis21 sion, pursuant to its authority under section 

22 994 of title 28, United States Code, and in ac23 cordance with this section, shall review and, if 

24 appropriate, amend the Federal sentencing 

25 guidelines and policy statements applicable to 


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1 persons convicted of any offense under section 

2 594 of title 18, United States Code. 

3 (B) AUTHORIZATION.—The United States 

4 Sentencing Commission may amend the Federal 

5 sentencing guidelines in accordance with the 

6 procedures set forth in section 21(a) of the Sen7 tencing Act of 1987 (28 U.S.C. 994 note) as 

8 though the authority under that section had not 

9 expired. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 SEC. 4. REPORTING FALSE ELECTION INFORMATION. 

14 (a) REPORTING.—Any person may report to the At15 torney General any communication of, or the causation of 

16 any communication of, information, or the production of 

17 information with the intent that such information be com18 municated, if the information is— 

19 (1) information that is described in— 

20 (A) subparagraph (C) of section 

21 2004(b)(2) of the Revised Statutes (42 U.S.C. 

22 1971(b)(2)(C)); or 

23 (B) subparagraph (C) of section 

24 594(b)(1)(C) of title 18, United States Code; 

25 and 


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1 (2) false. 

2 (b) CORRECTIVE ACTION.— 

3 (1) IN GENERAL.—Immediately after receiving 

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

5 shall consider and review such report and, if the At6 torney General determines that there is a reasonable 

7 basis to find that false information described in sub8 section (a)(1) has been communicated or caused to 

9 be communicated, or has been produced with the in10 tent that such information be communicated, the At11 torney General shall— 

12 (A) undertake all effective measures nec13 essary to provide correct information to voters 

14 affected by the false information; 

15 (B) refer any matter under the jurisdiction 

16 of the Civil Rights Division of the Department 

17 of Justice to such division for prosecution; and 

18 (C) refer the matter to the appropriate 

19 Federal and State authorities for criminal pros20 ecution or civil action after the election. 

21 (2) REGULATIONS.— 

22 (A) IN GENERAL.—The Attorney General 

23 shall promulgate regulations regarding the 

24 methods and means of corrective actions to be 

25 taken under paragraph (1). Such regulations 


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1 shall be developed in consultation with the Elec2 tion Assistance Commission, civil rights organi3 zations, voting rights groups, State and local 

4 election officials, voter protection groups, and 

5 other interested community organizations. 

6 (B) STUDY.— 

7 (i) IN GENERAL.—The Attorney Gen8 eral, in consultation with the Federal Com9 munications Commission and the Election 

10 Assistance Commission, shall conduct a 

11 study on the feasibility of providing the 

12 corrective information under paragraph (1) 

13 through public service announcements, the 

14 emergency alert system, or other forms of 

15 public broadcast. 

16 (ii) REPORT.—Not later than 180 

17 days after the date of the enactment of 

18 this Act, the Attorney General shall submit 

19 to Congress a report detailing the results 

20 of the study conducted under clause (i). 

21 (c) REPORTS TO CONGRESS.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 any primary, general, or run-off election for Federal 

24 office, the Attorney General shall submit to the ap25 propriate committees of Congress a report compiling 


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1 and detailing any allegations of false information 

2 submitted pursuant to subsection (a) and relating to 

3 such election. 

4 (2) CONTENTS.— 

5 (A) IN GENERAL.—Each report submitted 

6 under paragraph (1) shall include— 

7 (i) detailed information on specific al8 legations of deceptive tactics; 

9 (ii) statistical compilations of how 

10 many allegations were made and of what 

11 type; 

12 (iii) the geographic locations of and 

13 the populations affected by the alleged de14 ceptive information; 

15 (iv) the status of the investigations of 

16 such allegations. 

17 (v) any corrective actions taken in re18 sponse to such allegations; 

19 (vi) the rationale used for any correc20 tive actions or for any refusal to pursue an 

21 allegation; 

22 (vii) the effectiveness of any such cor23 rective actions; 

24 (viii) whether a Voting Integrity Task 

25 Force was established with respect to such 


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1 election, and, if so, how such task force 

2 was staffed and funded; 

3 (ix) any referrals of information to 

4 other Federal, State, or local agencies; 

5 (x) any suit instituted under section 

6 2004(b)(2) of the Revised Statutes (42 

7 U.S.C. 1971(b)(2)) in connection with such 

8 allegations; and 

9 (xi) any criminal prosecution insti10 tuted under section 594(b) of title 18, 

11 United States Code in connection with 

12 such allegations. 

13 (B) EXCEPTION.—The Attorney General 

14 may withhold any information that the Attorney 

15 General determines would unduly interfere with 

16 an on-going investigation. 

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

18 the Attorney General submits the report required 

19 under paragraph (1), the Attorney General shall also 

20 make the report publicly available through the Inter21 net and other appropriate means. 

22 (d) DELEGATION OF DUTIES.— 

23 (1) IN GENERAL.—The Attorney General may 

24 delegate the responsibilities under this section to a 


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1 Voting Integrity Task Force established under para2 graph (2). 

3 (2) VOTING INTEGRITY TASK FORCE.— 

4 (A) IN GENERAL.—The Attorney General 

5 may establish a Voting Integrity Task Force to 

6 carry out the requirements of this section with 

7 respect to any general, primary, run-off, or spe8 cial election for Federal office. 

9 (B) COMPOSITION.—Any Voting Integrity 

10 Task Force established under paragraph (1) 

11 shall be under the direction of the Assistant At12 torney General for the Civil Rights Division and 

13 the Assistant Attorney General for the Criminal 

14 Division, jointly. 

15 (e) FEDERAL OFFICE.—For purposes of this section, 

16 the term ‘‘Federal office’’ means the office of President, 

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

18 Member of the House of Representatives, or Delegate or 

19 Commissioner from a territory or possession of the United 

20 States. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Attorney General 

23 such sums as may be necessary to carry out this section. 


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1 SEC. 5. SEVERABILITY. 

2 If any provision of this Act or any amendment made 

3 by this Act, or the application of a provision or amend4 ment to any person or circumstance, is held to be uncon5 stitutional, the remainder of this Act and the amendments 

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

7 and amendments to any person or circumstance, shall not 

8 be affected by the holding. 

Æ 


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