II 

Calendar No. 411 

110TH CONGRESS 

1ST SESSION S. 453 

[Report No. 110–191] 

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, Mr. 

KENNEDY, Mr. LEVIN, Ms. LANDRIEU, Mr. BROWN, Mr. JOHNSON, Mrs. 

MCCASKILL, Mr. WHITEHOUSE, Mr. WYDEN, Mr. DURBIN, and Mr. 

COBURN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

OCTOBER 4, 2007 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The right to vote is a fundamental right ac4 corded to United States citizens by the Constitution 

5 and the unimpeded exercise of this right is essential 

6 to the functioning of our democracy. 

7 (2) Historically, certain citizens, especially ra8 cial minorities, were prevented from voting because 

9 of significant barriers such as literacy tests, poll 

10 taxes, and property requirements. 

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

12 15th, 19th, and 24th Amendments to the Constitu13 tion. 

14 (4) Despite the elimination of some of these 

15 barriers to the polls, the integrity of today’s elec16 tions is threatened by newer tactics aimed at sup17 pressing voter turnout. These tactics include ‘‘decep18 tive practices’’, which involve the dissemination of 

19 false information intended to prevent voters from 

20 casting their ballots, intimidate the electorate, and 

21 undermine the integrity of the electoral process. 

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

23 practices designed to prevent members of racial mi24 norities from exercising that right, are an outgrowth 

25 of discriminatory history, including slavery. Meas26 ures to combat denials of that right are a legitimate 


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1 exercise of congressional power under the 13th, 

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

3 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 the 2006 midterm election, 14,000 

17 Latino voters in Orange County, California received 

18 mailings from the California Coalition for Immigra19 tion Reform, warning them in Spanish that ‘‘if you 

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

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

22 an immigrant who is a naturalized citizen of the 

23 United States has the same right to vote as any 

24 other citizen. 


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

2 voters received automated phone messages falsely 

3 warning them that the ‘‘Virginia Elections Commis4 sion’’ had determined they were ineligible to vote 

5 and that they would face severe criminal penalties if 

6 they tried to cast a ballot. 

7 (10) In 2006 in Maryland, certain candidates 

8 for Governor and United States Senator distributed 

9 fliers in predominantly African-American neighbor10 hoods falsely claiming that the candidates had been 

11 endorsed by their opponents’ party and by promi12 nent figures who had actually endorsed the oppo13 nents of the candidates. 

14 (11) Those responsible for these and similar ef15 forts should be held accountable, and civil and crimi16 nal penalties should be available to punish anyone 

17 who seeks to keep voters away from the polls by pro18 viding false information. 

19 (12) Moreover, the Federal Government should 

20 help correct such false information in order to assist 

21 voters in exercising their right to vote without confu22 sion and to preserve the integrity of the electoral 

23 process. 

24 (13) The Federal Government has a compelling 

25 interest in ‘‘protecting voters from confusion and 


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

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

3 191, 199 (1992). 

4 (14) The First Amendment does not preclude 

5 the regulation of some intentionally false speech, 

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

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

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

9 automatically bring it under the protective mantle of 

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

11 tool is at once at odds with the premises of demo12 cratic government and with the orderly manner in 

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

14 effected . . . . Hence the knowingly false statement 

15 and the false statement made with reckless disregard 

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

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

18 SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED19 ERAL ELECTIONS. 

20 (a) CIVIL ACTION.— 

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

22 2004 of the Revised Statutes (42 U.S.C. 1971(b)) is 

23 amended— 

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

25 the following: 


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1 ‘‘(1) No person’’; and 

2 (B) by inserting at the end the following 

3 new paragraph: 

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

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

6 election described in subparagraph (B), commu7 nicate or cause to be communicated information de8 scribed in subparagraph (C), or produce information 

9 described in subparagraph (C) with the intent that 

10 such information be communicated, if such person— 

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

12 and 

13 ‘‘(ii) has the intent to prevent another per14 son from exercising the right to vote in an elec15 tion described in subparagraph (C). 

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

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

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

20 the House of Representatives, or Delegate or Com21 missioner from a territory or possession. 

22 ‘‘(C) Information is described in this subpara23 graph if such information is regarding— 

24 ‘‘(i) the time, place, or manner of any elec25 tion described in subparagraph (B); 


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1 ‘‘(ii) the qualifications for or restrictions 

2 on voter eligibility for any such election, includ3 ing— 

4 ‘‘(I) any criminal penalties associated 

5 with voting in any such election by ineli6 gible voters; or 

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

8 registration status or eligibility; 

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

10 candidate running in a closed primary election 

11 for any office described in subparagraph (B) if 

12 the communication of the information also con13 tains false information described in clause (i) or 

14 (ii); or 

15 ‘‘(iv) the explicit endorsement by any per16 son or organization of a candidate running for 

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

18 (2) PRIVATE RIGHT OF ACTION.— 

19 (A) IN GENERAL.—Subsection (c) of sec20 tion 2004 of the Revised Statutes (42 U.S.C. 

21 1971(c)) is amended— 

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

23 and inserting the following: 

24 ‘‘(1) Whenever any person’’; and 


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1 (ii) by adding at the end the following 

2 new paragraph: 

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

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

5 proper proceeding for preventive relief, including an 

6 application in a United States district court for a 

7 permanent or temporary injunction, restraining 

8 order, or other order.’’. 

9 (B) CONFORMING AMENDMENTS.— 

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

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

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

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

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

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

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

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

18 (b) CRIMINAL PENALTY.— 

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

20 United States Code, is amended— 

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

22 the following: 

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

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

25 ‘‘(b) DECEPTIVE ACTS.— 


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1 ‘‘(1) PROHIBITION.— 

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

3 for any person, within 60 days before an elec4 tion described in subparagraph (B), to commu5 nicate or cause to be communicated information 

6 described in subparagraph (C), or produce in7 formation described in subparagraph (C) with 

8 the intent that such information be commu9 nicated, if such person— 

10 ‘‘(i) knows such information to be 

11 false; and 

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

13 person from exercising the right to vote in 

14 an election described in subparagraph (C). 

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

16 described in this subparagraph is any general, 

17 primary, run-off, or special election for the of18 fice of President, Vice President, presidential 

19 elector, Member of the Senate, Member of the 

20 House of Representatives, or Delegate or Com21 missioner from a territory or possession. 

22 ‘‘(C) INFORMATION DESCRIBED.—Informa23 tion is described in this subparagraph if such 

24 information is regarding— 


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

2 election described in subparagraph (B); 

3 ‘‘(ii) the qualifications for or restric4 tions on voter eligibility for any such elec5 tion, including— 

6 ‘‘(I) any criminal penalties asso7 ciated with voting in any such election 

8 by ineligible voters; or 

9 ‘‘(II) information regarding a 

10 voter’s registration status or eligi11 bility; 

12 ‘‘(iii) the political party affiliation of 

13 any candidate running in a closed primary 

14 election for any office described in sub15 paragraph (B) if the communication of the 

16 information also contains false information 

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

18 ‘‘(iv) the explicit endorsement by any 

19 person or organization of a candidate run20 ning for any office described in subpara21 graph (B). 

22 ‘‘(2) PENALTY.—Any person who violates para23 graph (1) shall be fined not more than $100,000, 

24 imprisoned not more than 5 years, or both. 

25 ‘‘(c) ATTEMPT AND CONSPIRACY.— 


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

2 commit any offense described in subsection (a) or 

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

4 prescribed for the offense that the person attempted 

5 to commit. 

6 ‘‘(2) CONSPIRACY.—If 2 or more persons con7 spire to commit an offense described in subsection 

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

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

10 be fined under this title or imprisoned not more 

11 than 5 years.’’. 

12 (2) MODIFICATION OF PENALTY FOR VOTER IN13 TIMIDATION.—Section 594(a) of title 18, United 

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

15 amended— 

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

17 by means of written, electronic, or telephonic 

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

19 and 

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

21 ‘‘5 years’’. 

22 (3) SENTENCING GUIDELINES.— 

23 (A) REVIEW AND AMENDMENT.—Not later 

24 than 180 days after the date of enactment of 

25 this Act, the United States Sentencing CommisVerDate Aug 31 2005 02:51 Oct 05, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S453.RS S453

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1 sion, pursuant to its authority under section 

2 994 of title 28, United States Code, and in ac3 cordance with this section, shall review and, if 

4 appropriate, amend the Federal sentencing 

5 guidelines and policy statements applicable to 

6 persons convicted of any offense under section 

7 594 of title 18, United States Code. 

8 (B) AUTHORIZATION.—The United States 

9 Sentencing Commission may amend the Federal 

10 sentencing guidelines in accordance with the 

11 procedures set forth in section 21(a) of the Sen12 tencing Act of 1987 (28 U.S.C. 994 note) as 

13 though the authority under that section had not 

14 expired. 

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

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

17 of this Act. 

18 SEC. 4. REPORTING FALSE ELECTION INFORMATION. 

19 (a) REPORTING.—Any person may report to the At20 torney General any communication of, or the causation of 

21 any communication of, information, or the production of 

22 information with the intent that such information be com23 municated, if the information is— 

24 (1) information that is described in— 


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1 (A) subparagraph (C) of section 

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

3 1971(b)(2)(C)); or 

4 (B) subparagraph (C) of section 

5 594(b)(1)(C) of title 18, United States Code; 

6 and 

7 (2) false. 

8 (b) CORRECTIVE ACTION.— 

9 (1) IN GENERAL.—Immediately after receiving 

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

11 shall consider and review such report and, if the At12 torney General determines that there is a reasonable 

13 basis to find that false information described in sub14 section (a)(1) has been communicated or caused to 

15 be communicated, or has been produced with the in16 tent that such information be communicated, the At17 torney General shall— 

18 (A) undertake all effective measures nec19 essary to provide correct information to voters 

20 affected by the false information; 

21 (B) refer any matter under the jurisdiction 

22 of the Civil Rights Division of the Department 

23 of Justice to such division for prosecution; and 


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1 (C) refer the matter to the appropriate 

2 Federal and State authorities for criminal pros3 ecution or civil action after the election. 

4 (2) REGULATIONS.— 

5 (A) IN GENERAL.—The Attorney General 

6 shall promulgate regulations regarding the 

7 methods and means of corrective actions to be 

8 taken under paragraph (1). Such regulations 

9 shall be developed in consultation with the Elec10 tion Assistance Commission, civil rights organi11 zations, voting rights groups, State and local 

12 election officials, voter protection groups, and 

13 other interested community organizations. 

14 (B) STUDY.— 

15 (i) IN GENERAL.—The Attorney Gen16 eral, in consultation with the Federal Com17 munications Commission and the Election 

18 Assistance Commission, shall conduct a 

19 study on the feasibility of providing the 

20 corrective information under paragraph (1) 

21 through public service announcements, the 

22 emergency alert system, or other forms of 

23 public broadcast. 

24 (ii) REPORT.—Not later than 180 

25 days after the date of the enactment of 


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1 this Act, the Attorney General shall submit 

2 to Congress a report detailing the results 

3 of the study conducted under clause (i). 

4 (c) REPORTS TO CONGRESS.— 

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

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

7 office, the Attorney General shall submit to the ap8 propriate committees of Congress a report compiling 

9 and detailing any allegations of false information 

10 submitted pursuant to subsection (a) and relating to 

11 such election. 

12 (2) CONTENTS.— 

13 (A) IN GENERAL.—Each report submitted 

14 under paragraph (1) shall include— 

15 (i) detailed information on specific al16 legations of deceptive tactics; 

17 (ii) statistical compilations of how 

18 many allegations were made and of what 

19 type; 

20 (iii) the geographic locations of and 

21 the populations affected by the alleged de22 ceptive information; 

23 (iv) the status of the investigations of 

24 such allegations. 


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1 (v) any corrective actions taken in re2 sponse to such allegations; 

3 (vi) the rationale used for any correc4 tive actions or for any refusal to pursue an 

5 allegation; 

6 (vii) the effectiveness of any such cor7 rective actions; 

8 (viii) whether a Voting Integrity Task 

9 Force was established with respect to such 

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

11 was staffed and funded; 

12 (ix) any referrals of information to 

13 other Federal, State, or local agencies; 

14 (x) any suit instituted under section 

15 2004(b)(2) of the Revised Statutes (42 

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

17 allegations; and 

18 (xi) any criminal prosecution insti19 tuted under section 594(b) of title 18, 

20 United States Code in connection with 

21 such allegations. 

22 (B) EXCEPTION.—The Attorney General 

23 may withhold any information that the Attorney 

24 General determines would unduly interfere with 

25 an on-going investigation. 


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

2 the Attorney General submits the report required 

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

4 make the report publicly available through the Inter5 net and other appropriate means. 

6 (d) DELEGATION OF DUTIES.— 

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

8 delegate the responsibilities under this section to a 

9 Voting Integrity Task Force established under para10 graph (2). 

11 (2) VOTING INTEGRITY TASK FORCE.— 

12 (A) IN GENERAL.—The Attorney General 

13 may establish a Voting Integrity Task Force to 

14 carry out the requirements of this section with 

15 respect to any general, primary, run-off, or spe16 cial election for Federal office. 

17 (B) COMPOSITION.—Any Voting Integrity 

18 Task Force established under paragraph (1) 

19 shall be under the direction of the Assistant At20 torney General for the Civil Rights Division and 

21 the Assistant Attorney General for the Criminal 

22 Division, jointly. 

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

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

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


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1 Member of the House of Representatives, or Delegate or 

2 Commissioner from a territory or possession of the United 

3 States. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Attorney General 

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

7 SEC. 5. SEVERABILITY. 

8 If any provision of this Act or any amendment made 

9 by this Act, or the application of a provision or amend10 ment to any person or circumstance, is held to be uncon11 stitutional, the remainder of this Act and the amendments 

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

13 and amendments to any person or circumstance, shall not 

14 be affected by the holding. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Deceptive Practices and 

17 Voter Intimidation Prevention Act of 2007’’. 

18 SEC. 2. FINDINGS. 

19 Congress makes the following findings: 

20 (1) The right to vote through casting a ballot for 

21 one’s preferred candidate is a fundamental right ac22 corded to United States citizens by the Constitution 

23 and the unimpeded exercise of this right is essential 

24 to the functioning of our democracy. 


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

3 significant barriers such as literacy tests, poll taxes, 

4 and property requirements. 

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

6 15th, 19th, and 24th Amendments to the Constitution. 

7 (4) Despite the elimination of some of these bar8 riers to the polls, the integrity of today’s elections is 

9 threatened by newer tactics aimed at suppressing 

10 voter turnout. These tactics include ‘‘deceptive prac11 tices’’, which involve the dissemination of false infor12 mation intended to prevent voters from casting their 

13 ballots, prevent voters from voting for the candidate 

14 of their choice, intimidate the electorate, and under15 mine 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. Measures 

20 to combat denials of that right are a legitimate exer21 cise of congressional power under the 13th, 14th, and 

22 15th Amendments to the United States Constitution. 

23 (6) Shortly before the 1990 midterm Federal elec24 tions, 125,000 voters in North Carolina received post25 cards providing false information about voter eligiVerDate Aug 31 2005 02:51 Oct 05, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S453.RS S453

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1 bility and a warning about criminal penalties for 

2 voter fraud. Ninety-seven percent of the voters who re3 ceived postcards were African American. 

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

5 Dakota were prevented from voting after they did not 

6 provide photographic identification upon request, de7 spite the fact that they were not required to present 

8 such identification in order to vote under State or 

9 Federal law. 

10 (8) In the 2006 midterm election, 14,000 Latino 

11 voters in Orange County, California received mail12 ings from the California Coalition for Immigration 

13 Reform, warning them in Spanish that ‘‘if you are 

14 an immigrant, voting in a federal election is a crime 

15 that can result in incarceration. . .’’. In fact, an im16 migrant who is a naturalized citizen of the United 

17 States has the same right to vote as any other citizen. 

18 (9) In the same 2006 election, some Virginia vot19 ers received automated phone messages falsely warn20 ing them that the ‘‘Virginia Elections Commission’’ 

21 had determined they were ineligible to vote and that 

22 they would face severe criminal penalties if they tried 

23 to cast a ballot. 

24 (10) In 2006 in Maryland, certain campaigns 

25 for Governor and United States Senator distributed 


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1 fliers in predominantly African-American neighbor2 hoods falsely claiming that certain candidates had 

3 been endorsed by their opponents’ party and by 

4 prominent figures who had actually endorsed the op5 ponents of the candidates. 

6 (11) Those responsible for these and similar ef7 forts should be held accountable, and civil and crimi8 nal penalties should be available to punish anyone 

9 who seeks to keep voters away from the polls by pro10 viding false information. 

11 (12) Moreover, the Federal Government should 

12 help correct such false information in order to assist 

13 voters in exercising their right to vote without confu14 sion and to preserve the integrity of the electoral proc15 ess. 

16 (13) The Federal Government has a compelling 

17 interest in ‘‘protecting voters from confusion and 

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

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

20 191, 199 (1992). 

21 (14) The First Amendment does not preclude the 

22 regulation of some intentionally false speech, even if 

23 it is political in nature. As the Supreme Court of the 

24 United States has recognized, ‘‘[t]hat speech is used 

25 as a tool for political ends does not automatically 


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1 bring it under the protective mantle of the Constitu2 tion. For the use of the known lie as a tool is at once 

3 at odds with the premises of democratic government 

4 and with the orderly manner in which economic, so5 cial, or political change is to be effected . . . . Hence 

6 the knowingly false statement and the false statement 

7 made with reckless disregard of the truth, do not 

8 enjoy constitutional protection.’’. Garrison v. Lou9 isiana, 379 U.S. 64, 75 (1964). 

10 SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED11 ERAL ELECTIONS. 

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

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

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

15 following: 

16 ‘‘(1) No person’’; and 

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

18 paragraph: 

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

20 law or otherwise, shall, within 60 days before an elec21 tion described in subparagraph (B), communicate or 

22 cause to be communicated information described in 

23 subparagraph (C), or produce information described 

24 in subparagraph (C) with the intent that such infor25 mation be communicated, if such person— 


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

2 ‘‘(ii) has the intent to prevent another per3 son from exercising the right to vote or from vot4 ing for the candidate of such other person’s 

5 choice in an election described in subparagraph 

6 (B). 

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

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

9 held solely or in part for the purpose of electing a 

10 candidate for the office of President, Vice President, 

11 presidential elector, Member of the Senate, Member of 

12 the House of Representatives, or Delegate or Commis13 sioner from a territory or possession. 

14 ‘‘(C) Information is described in this subpara15 graph if such information is regarding— 

16 ‘‘(i) the time, place, or manner of any elec17 tion described in subparagraph (B); 

18 ‘‘(ii) the qualifications for or restrictions on 

19 voter eligibility for any such election, includ20 ing— 

21 ‘‘(I) any criminal penalties associated 

22 with voting in any such election; or 

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

24 registration status or eligibility; or 


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1 ‘‘(iii) the explicit endorsement by any per2 son or organization for the upcoming election of 

3 a candidate to any office described in subpara4 graph (B).’’. 

5 (b) CRIMINAL PENALTY.— 

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

7 United States Code, is amended— 

8 (A) by striking ‘‘Whoever’’ and inserting the 

9 following: 

10 ‘‘(a) INTIMIDATION.—Whoever’’; 

11 (B) by striking ‘‘at any election held solely 

12 or in part for the purpose of electing such a can13 didate’’ and inserting ‘‘at any general, primary, 

14 run-off, or special election held solely or in part 

15 for the purpose of electing such a candidate’’; 

16 and 

17 (C) by adding at the end the following: 

18 ‘‘(b) DECEPTIVE ACTS.— 

19 ‘‘(1) PROHIBITION.— 

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

21 any person, within 60 days before an election de22 scribed in subparagraph (B), to communicate or 

23 cause to be communicated information described 

24 in subparagraph (C), or produce information de25 scribed in subparagraph (C) with the intent that 


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1 such information be communicated, if such per2 son— 

3 ‘‘(i) knows such information to be 

4 false; and 

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

6 person from exercising the right to vote or 

7 from voting for the candidate of such other 

8 person’s choice in an election described in 

9 subparagraph (B). 

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

11 described in this subparagraph is any general, 

12 primary, run-off, or special election held solely 

13 or in part for the purpose of electing a candidate 

14 for the office of President, Vice President, presi15 dential elector, Member of the Senate, Member of 

16 the House of Representatives, or Delegate or 

17 Commissioner from a territory or possession. 

18 ‘‘(C) INFORMATION DESCRIBED.—Informa19 tion is described in this subparagraph if such in20 formation is regarding— 

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

22 election described in subparagraph (B); 

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 vot5 er’s registration status or eligibility; or 

6 ‘‘(iii) the explicit endorsement by any 

7 person or organization for the upcoming 

8 election of a candidate to any office de9 scribed in subparagraph (B). 

10 ‘‘(2) PENALTY.—Any person who violates para11 graph (1) shall be fined not more than $100,000, im12 prisoned not more than 5 years, or both. 

13 ‘‘(c) ATTEMPT.—Any person who attempts to commit 

14 any offense described in subsection (a) or (b) shall be subject 

15 to the same penalties as those prescribed for the offense that 

16 the person attempted to commit.’’. 

17 (2) MODIFICATION OF PENALTY FOR VOTER IN18 TIMIDATION.—Section 594(a) of title 18, United 

19 States Code, as amended by paragraph (1), is amend20 ed— 

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

22 by means of written, electronic, or telephonic 

23 communications,’’ after ‘‘any other person’’; and 

24 (B) by striking ‘‘one year’’ and inserting ‘‘5 

25 years’’. 


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1 (3) SENTENCING GUIDELINES.— 

2 (A) REVIEW AND AMENDMENT.—Not later 

3 than 180 days after the date of enactment of this 

4 Act, the United States Sentencing Commission, 

5 pursuant to its authority under section 994 of 

6 title 28, United States Code, and in accordance 

7 with this section, shall review and, if appro8 priate, amend the Federal sentencing guidelines 

9 and policy statements applicable to persons con10 victed of any offense under section 594 of title 

11 18, United States Code. 

12 (B) AUTHORIZATION.—The United States 

13 Sentencing Commission may amend the Federal 

14 sentencing guidelines in accordance with the pro15 cedures set forth in section 21(a) of the Sen16 tencing Act of 1987 (28 U.S.C. 994 note) as 

17 though the authority under that section had not 

18 expired. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

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

21 Act. 

22 SEC. 4. REPORTING OF FALSE ELECTION INFORMATION. 

23 (a) IN GENERAL.—Any person may report to the At24 torney General any communication of, or the causation of 

25 any communication of, information, or the production of 


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1 information with the intent that such information be com2 municated, if the information is— 

3 (1) information that is described in— 

4 (A) subparagraph (C) of section 2004(b)(2) 

5 of the Revised Statutes (42 U.S.C. 

6 1971(b)(2)(C)); or 

7 (B) subparagraph (C) of section 

8 594(b)(1)(C) of title 18, United States Code; and 

9 (2) false. 

10 (b) REFERRAL.—If a report under subsection (a) pro11 vides a reasonable basis to find that a violation of section 

12 2004(b) of the Revised Statutes (42 U.S.C. 1971(b)) or sec13 tion 594(b) of title 18, United States Code, has occurred, 

14 the Attorney General shall pursue any appropriate crimi15 nal prosecution or civil action and shall refer the matter 

16 to the Civil Rights Division of the Department of Justice 

17 for criminal prosecution or civil action, but only if such 

18 matter is otherwise under the jurisdiction of such division. 

19 (c) DELAY OF INVESTIGATION.—No investigation or 

20 legal action relating to a report under subsection (a) may 

21 begin until after the election with respect to which such re22 port relates has been completed, unless the Attorney Gen23 eral— 


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1 (1) reasonably believes that it is necessary to 

2 promptly pursue such investigation or legal pro3 ceedings; and 

4 (2) reasonably determines that such investigation 

5 or legal proceeding will not inhibit any person from 

6 exercising the right to vote. 

7 SEC. 5. CORRECTIVE ACTION. 

8 (a) ACTION BY ATTORNEY GENERAL.— 

9 (1) IN GENERAL.—Immediately after receiving a 

10 report under section 4(a), the Attorney General shall 

11 consider and review such report. If the report pro12 vides a reasonable basis to find that— 

13 (A) false information relating to— 

14 (i) the time or place of any general, 

15 primary, run-off, or special election held 

16 solely or in part for the purpose of electing 

17 a candidate for Federal office; or 

18 (ii) the qualifications for or restric19 tions on voter eligibility for any such elec20 tion; 

21 has been communicated, caused to be com22 municated, or produced with the intent that 

23 such information be communicated; and 


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1 (B) the communication of such false infor2 mation could materially hinder any citizen’s 

3 right to vote; 

4 the Attorney General shall undertake all effective 

5 measures necessary to correct such false information 

6 by providing correct information relating to the time 

7 or place of the election or the qualifications for or re8 strictions on voter eligibility to voters affected by the 

9 false information. The information provided by the 

10 Attorney General to affected voters under the pre11 ceding sentence shall only consist of information nec12 essary to correct the false information described in the 

13 report. 

14 (2) INVESTIGATION.—In reviewing a report 

15 under paragraph (1), the Attorney General shall not 

16 undertake any investigation relating to the report un17 less— 

18 (A) such an investigation is necessary to de19 termine the need for, or the scope of, corrective 

20 action under paragraph (1); and 

21 (B) the Attorney General reasonably deter22 mines that such investigation will not inhibit 

23 any person from exercising the right to vote. 

24 (b) RIGHT OF ACTION.—If a person has made a report 

25 under section 4(a) that provides a reasonable basis for findVerDate Aug 31 2005 02:51 Oct 05, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S453.RS S453

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1 ing that information described in subsection (a)(1)(A) has 

2 been communicated, caused to be communicated, or pro3 duced with the intent that such information be commu4 nicated, and the Attorney General fails to take corrective 

5 action required under subsection (a) within 72 hours of the 

6 filing of such report (or sooner if necessary to permit timely 

7 corrective action before an election), such person may apply 

8 to a United States district court for an order requiring the 

9 Attorney General to take such corrective action. 

10 (c) STANDARDS FOR TAKING CORRECTIVE ACTION.— 

11 (1) IN GENERAL.— 

12 (A) BIANNUAL REPORT.—Not later than 

13 January 1 of each year in which there is a regu14 larly scheduled general election for Federal office, 

15 the Attorney General shall submit to the Com16 mittee on the Judiciary of the Senate and the 

17 Committee on the Judiciary of the House of Rep18 resentatives a report on the procedures and 

19 standards intended to be used to provide correc20 tive action under this subsection. 

21 (B) SUPPLEMENTAL REPORTS.—If the At22 torney General revises or changes any procedures 

23 or standards contained in the most recent report 

24 submitted under subparagraph (A), the Attorney 

25 General shall promptly submit to the Committee 


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1 on the Judiciary of the Senate and the Com2 mittee on the Judiciary of the House of Rep3 resentatives a report on such revised or addi4 tional procedures. 

5 (C) CONSULTATION.—In developing or re6 vising any standards or procedures for the meth7 ods and means of corrective actions under this 

8 subsection, the Attorney General shall consult 

9 with the Election Assistance Commission, civil 

10 rights organizations, voting rights groups, State 

11 and local election officials, voter protection 

12 groups, and other interested community organi13 zations. 

14 (2) STUDY.— 

15 (A) IN GENERAL.—The Attorney General, 

16 in consultation with the Federal Communica17 tions Commission and the Election Assistance 

18 Commission, shall conduct a study on the feasi19 bility of providing corrective information under 

20 subsection (a) through public service announce21 ments, the emergency alert system, or other forms 

22 of public broadcast. 

23 (B) REPORT.—Not later than 90 days after 

24 the date of the enactment of this Act, the Attor25 ney General shall submit to Congress a report 


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1 detailing the results of the study conducted under 

2 subparagraph (A). 

3 (d) FEDERAL OFFICE.—For purposes of this section 

4 and section 6, the term ‘‘Federal office’’ means the office 

5 of President, Vice President, presidential elector, Member 

6 of the Senate, Member of the House of Representatives, or 

7 Delegate or Commissioner from a territory or possession of 

8 the United States. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to the Attorney General such 

11 sums as may be necessary to carry out this section. 

12 SEC. 6. REPORTS TO CONGRESS. 

13 (a) IN GENERAL.—Not later than 90 days after any 

14 general election for Federal office, the Attorney General 

15 shall submit to the appropriate committees of Congress a 

16 report compiling and detailing any allegations of false in17 formation submitted pursuant to section 4(a) which relate 

18 to such election or to any primary or run-off election held 

19 before such election and after the general election for Federal 

20 office preceding the general election to which the report re21 lates. 

22 (b) CONTENTS.— 

23 (1) IN GENERAL.—Each report submitted under 

24 subsection (a) shall include— 


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1 (A) detailed information on specific allega2 tions of deceptive tactics; 

3 (B) statistical compilations of how many 

4 allegations were made and of what type; 

5 (C) the geographic locations of and the pop6 ulations affected by the alleged deceptive infor7 mation; 

8 (D) the status of the investigations of such 

9 allegations; 

10 (E) any corrective actions taken under sec11 tion 5(a) in response to such allegations; 

12 (F) the rationale used for any such correc13 tive actions or for any refusal to pursue an alle14 gation relating to information described in sec15 tion 5(a)(1)(A); 

16 (G) the effectiveness of any such corrective 

17 actions; 

18 (H) any legal actions filed against the At19 torney General under section 5(b), together with 

20 the outcome of each such legal action; 

21 (I) any referrals of information to other 

22 Federal, State, or local agencies; 

23 (J) any suit instituted under section 

24 2004(b)(2) of the Revised Statutes (42 U.S.C. 


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1 1971(b)(2)) in connection with such allegations; 

2 and 

3 (K) any criminal prosecution instituted 

4 under title 18, United States Code, in connection 

5 with such allegations. 

6 (2) EXCEPTION.—The Attorney General may 

7 withhold any nonpublic information that the Attor8 ney General reasonably determines would infringe on 

9 the rights of a criminal suspect or defendant or would 

10 compromise an on-going investigation or prosecution. 

11 (c) REPORT MADE PUBLIC.—On the date that the At12 torney General submits the report required under subsection 

13 (a), the Attorney General shall also make the report publicly 

14 available through the Internet and other appropriate 

15 means. 

16 SEC. 7. SEVERABILITY. 

17 If any provision of this Act or any amendment made 

18 by this Act, or the application of a provision or amendment 

19 to any person or circumstance, is held to be unconstitu20 tional, the remainder of this Act and the amendments made 

21 by this Act, and the application of the provisions and 

22 amendments to any person or circumstance, shall not be 

23 affected by the holding. 


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Calendar No. 411 

110TH CONGRESS 

1ST SESSION S. 453 

[Report No. 110

–191] 

A BILL 

To prohibit deceptive practices in Federal elections. 

OCTOBER 4, 2007 

Reported with an amendment 


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