IIB 
110TH CONGRESS 
1ST SESSION H. R. 1281 
IN THE SENATE OF THE UNITED STATES 
JUNE 26, 2007 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 18, United States Code, to prohibit certain 
deceptive practices in Federal elections, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deceptive Practices 
and Voter Intimidation Prevention Act of 2007’’. 
SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 618. Deceptive practices in Federal elections 
‘‘(a) Whoever, before or during a Federal election 
knowingly communicates election-related information 
about that election, knowing that information to be false, 
with the intent to prevent another person from exercising 
the right to vote in that election, or attempts to do so, 
shall be fined under this title or imprisoned not more than 
5 years, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘Federal election’ means any gen-
eral, primary, run-off, or special election for the of-
fice of President, Vice President, presidential elector, 
Member of the Senate, Member of the House of 
Representatives, or Delegate or Commissioner from 
a territory or possession; and 
‘‘(2) the term ‘election related information’ 
means information regarding— 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
‘‘(A) the time, place, or manner of con-
ducting the election; 
‘‘(B) the qualifications for or restrictions 
on voter eligibility for the election, including— 
‘‘(i) any criminal penalties associated 
with voting in the election; or 
‘‘(ii) information regarding a voter’s 
registration status or eligibility; 
‘‘(C) with respect to a closed primary elec-
tion, the political party affiliation of any can-
didate for office, if the communication of the 
information also contains false information de-
scribed in subparagraph (A) or (B); or 
‘‘(D) the explicit endorsement by any per-
son or organization of a candidate running for 
any office voted on in the election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘618. Deceptive practices in Federal elections.’’. 
SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDA-
TION. 
Section 594 of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
SEC. 4. SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 90 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, and 
in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense 
under sections of title 18, United States Code, that are 
added or modified by this Act. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may, for the purposes of the amendments 
made pursuant to this section, amend the Federal sen-
tencing guidelines in accordance with the procedures set 
forth in section 21(a) of the Sentencing Act of 1987 (28 
U.S.C. 994 note) as though the authority under that sec-
tion had not expired. 
SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION. 
(a) REPORTING.—Any person may report to the At-
torney General any violation or possible violation of section 
594 or 618 of title 18, United States Code. 
(b) CORRECTIVE ACTION.— 
(1) IN GENERAL.—Immediately after receiving 
a report under subsection (a), the Attorney General 
shall consider and review such report and, if the At-
torney General determines that there is a reasonable 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
basis to find that a violation has occurred, the Attor-
ney General shall— 
(A) undertake all effective measures nec-
essary to provide correct information to voters 
affected by the false information; and 
(B) refer the matter to the appropriate 
Federal and State authorities for criminal pros-
ecution or civil action after the election. 
(2) REGULATIONS.— 
(A) IN GENERAL.—The Attorney General 
shall promulgate regulations regarding the 
methods and means of corrective actions to be 
taken under paragraph (1). Such regulations 
shall be developed in consultation with the Elec-
tion Assistance Commission, civil rights organi-
zations, voting rights groups, State and local 
election officials, voter protection groups, and 
other interested community organizations. 
(B) STUDY.— 
(i) IN GENERAL.—The Attorney Gen-
eral, in consultation with the Federal Com-
munications Commission and the Election 
Assistance Commission, shall conduct a 
study on the feasibility of providing the 
corrective information under paragraph (1) 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
through public service announcements, the 
emergency alert system, or other forms of 
public broadcast. 
(ii) REPORT.—Not later than 180 
days after the date of the enactment of 
this Act, the Attorney General shall submit 
to Congress a report detailing the results 
of the study conducted under clause (i). 
(3) PUBLICIZING
REMEDIES.—The Attorney 
General shall make public through the Internet, 
radio, television, and newspaper advertisements in-
formation on the responsibilities, contact informa-
tion, and complaint procedures applicable under this 
section. 
(c) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
any primary, general, or run-off election for Federal 
office, the Attorney General shall submit to Con-
gress a report compiling and detailing any allega-
tions of false information submitted pursuant to 
subsection (a) and relating to such election. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) detailed information on specific allega-
tions of deceptive tactics; 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
(B) statistical compilations of how many 
allegations were made and of what type; 
(C) the geographic locations of and the 
populations affected by the alleged deceptive in-
formation; 
(D) the status of the investigations of such 
allegations; 
(E) any corrective actions taken in re-
sponse to such allegations; 
(F) the rationale used for any corrective 
actions or for any refusal to pursue an allega-
tion; 
(G) the effectiveness of any such corrective 
actions; 
(H) whether a Voting Integrity Task Force 
was established with respect to such election, 
and, if so, how such task force was staffed and 
funded; 
(I) any referrals of information to other 
Federal, State, or local agencies; 
(J) any suit instituted under section 
2004(b)(2) of the Revised Statutes (42 U.S.C. 
1971(b)(2)) in connection with such allegations; 
and 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
(K) any criminal prosecution instituted 
under title 18, United States Code, in connec-
tion with such allegations. 
(3) REPORT MADE PUBLIC.—On the date that 
the Attorney General submits the report required 
under paragraph (1), the Attorney General shall also 
make the report publicly available through the Inter-
net and other appropriate means. 
(d) DELEGATION OF DUTIES.— 
(1) IN GENERAL.—The Attorney General shall 
delegate the responsibilities under this section to a 
Voting Integrity Task Force established under para-
graph (2). 
(2) VOTING INTEGRITY TASK FORCE.— 
(A) IN GENERAL.—The Attorney General 
shall establish a Voting Integrity Task Force to 
carry out the requirements of this section with 
respect to any general, primary, run-off, or spe-
cial election for Federal office. 
(B) COMPOSITION.—Any Voting Integrity 
Task Force established under paragraph (1) 
shall be under the direction of the Assistant At-
torney General for the Civil Rights Division and 
the Assistant Attorney General for the Criminal 
Division, jointly. 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS
HR 1281 RFS
(e) FEDERAL OFFICE.—For purposes of this section, 
the term ‘‘Federal office’’ means the office of President, 
Vice President, presidential elector, Member of the Senate, 
Member of the House of Representatives, or Delegate or 
Commissioner from a territory or possession of the United 
States. 
Passed the House of Representatives June 25, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
04:47 Jun 27, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1281.RFS
H1281
hmoore on PRODPC68 with HMBILLS