II 

109TH CONGRESS 

2D SESSION S. 4102 

To amend the Communications Act of 1934 to prohibit the use of telecommunications devices for the purpose of preventing or obstructing 

the broadcast or exchange of election-related information. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2006 

Mr. OBAMA introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to prohibit the 

use of telecommunications devices for the purpose of 

preventing or obstructing the broadcast or exchange of 

election-related information. 

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 ‘‘Election Jamming Pre5 vention Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The most fundamental right accorded to 

2 United States citizens by the Constitution is the 

3 right to vote, and unimpeded exercise of the right to 

4 vote is essential to the functioning of our democracy. 

5 (2) Historically, significant efforts have been 

6 undertaken to prevent qualified individuals from ex7 ercising this right. 

8 (3) Poll taxes, property requirements, and lit9 eracy tests were once used to restrict voters’ access 

10 to the polls. Now, efforts like deceptive practices, in11 timidation, and dirty tricks are used to impede 

12 qualified voters’ exercise of their right to vote, to 

13 prevent voters from making informed decisions as to 

14 how to cast that vote, and to prevent candidates, 

15 parties, and organizations from engaging in con16 stitutionally protected political speech. 

17 (4) In recent elections, there have been allega18 tions of political campaigns and committees using 

19 telephone jamming techniques to shut down the 

20 communication operations of groups supporting their 

21 political opponents. 

22 (5) In November 2002, according to the De23 partment of Justice, groups working on behalf of the 

24 Republican candidates in New Hampshire conspired 

25 to shut down Democratic get-out-the-vote efforts by 


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1 placing hang-up calls to the phones of the Man2 chester Democratic Party and the Manchester Pro3 fessional Firefighters Association, which were pro4 viding qualified voters rides to the election polling 

5 places. Several people have pled guilty or been con6 victed in connection with the incident. 

7 (6) As a result of the hang-up call effort, the 

8 phone lines of the Manchester Democratic Party and 

9 the Manchester Professional Firefighters Association 

10 were jammed on election day 2002 and qualified vot11 ers were unable to access information that would 

12 have facilitated their access to polling places. 

13 (7) The use of telephones or other communica14 tion devices to jam election-related communications 

15 should be prohibited in order to protect qualified 

16 voters’ right to vote. 

17 SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING 

18 THE BROADCAST OR EXCHANGE OF INFOR19 MATION THROUGH TELECOMMUNICATIONS 

20 DEVICES. 

21 (a) PROHIBITION.— 

22 (1) IN GENERAL.—Subparagraph (C) of section 

23 223(a)(1) of the Communications Act of 1934 (47 

24 U.S.C. 223(a)(1)(C)) is amended by striking ‘‘with 

25 the intent to annoy, abuse, threaten, or harass any 


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1 person at the called number or who receives the 

2 communications;’’ and inserting ‘‘with the intent 

3 to— 

4 ‘‘(i) annoy, abuse, threaten, or harass 

5 any person at the called number or who re6 ceives the communications; 

7 ‘‘(ii) prevent or obstruct the broadcast 

8 or exchange of election-related information; 

9 or 

10 ‘‘(iii) impair or obstruct any other 

11 telecommunications device from being used 

12 to engage in communications containing 

13 election-related information;’’. 

14 (2) ELECTION-RELATED INFORMATION.—Sub15 section (h) of section 223 of the Communications 

16 Act of 1934 (47 U.S.C. 223(h)) is amended by add17 ing at the end the following new paragraph: 

18 ‘‘(5) The term ‘election-related information’ 

19 means information related to— 

20 ‘‘(A) the endorsement, support, promotion 

21 of, or opposition to any clearly identified can22 didate or slate of candidates for the office of 

23 President, Vice President, presidential elector, 

24 Member of the Senate, Member of the House of 


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1 Representatives, or Delegate or Commissioner 

2 from a territory or possession; 

3 ‘‘(B) the time, place, or manner for the 

4 election of such offices; or 

5 ‘‘(C) the facilitation of transport to or 

6 from polling places for any such election.’’. 

7 (b) PRIVATE RIGHT OF ACTION.—Section 223 of the 

8 Communications Act of 1934 (47 U.S.C. 223) is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(i) PRIVATE RIGHT OF ACTION FOR INJUNCTIVE OR

11 DECLARATIVE RELIEF AGAINST CERTAIN ACTIONS.—Any 

12 person aggrieved by a violation of subsection (a)(1)(C) 

13 may bring a civil action or other proper proceeding for 

14 injunctive or declarative relief in any court of competent 

15 jurisdiction, including an application in a United States 

16 district court.’’. 

Æ 


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