HR 108 IH1S 
candidate in an election for Federal office is a 
‘materially false statement’ if— 
‘‘(i) the statement states that a spe-
cifically named person (including a political 
party or other organization) has endorsed 
the candidate in that election; 
‘‘(ii) such person has not endorsed the 
candidate in that election; and 
‘‘(iii) such person does not support 
any candidate in that election or such per-
son has publicly and explicitly stated that 
the person supports the election of a dif-
ferent candidate in that election. 
‘‘(4) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.—No 
person, whether acting under color of law or other-
wise, shall corruptly hinder, interfere with, or pre-
vent another person from voting, registering to vote, 
or aiding another person in voting or registering to 
vote in any election for Federal office. 
‘‘(5) ELECTION
FOR
FEDERAL
OFFICE
DE-
FINED.—In this subsection, the term ‘election for 
Federal office’ means a general, special, primary, or 
runoff election held to nominate or elect a candidate 
for the office of President or Vice President, presi-
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HR 108 IH1S 
dential elector, or of Senator or Representative in, or 
Delegate or Resident Commissioner to, the Con-
gress.’’. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—Section 2004(c) of the Re-
vised Statutes (42 U.S.C. 1971(c)) is amended— 
(A) by striking ‘‘Whenever any person’’ 
and inserting ‘‘(1) Whenever any person’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Any person aggrieved by a violation of 
subsection (b)(2), subsection (b)(3), or subsection 
(b)(4) may institute a civil action for preventive re-
lief, including an application in a United States dis-
trict court for a permanent or temporary injunction, 
restraining order, or other order.’’. 
(2) CONFORMING AMENDMENTS.—Section 2004 
of the Revised Statutes (42 U.S.C. 1971) is amend-
ed— 
(A) in subsection (e), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (c)(1)’’; 
and 
(B) in subsection (g), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (c)(1)’’. 
(c) CRIMINAL PENALTIES.— 
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(1) INCREASE IN PENALTY FOR INTIMIDATION 
OF VOTERS.—Section 594 of title 18, United States 
Code, is amended by striking ‘‘any candidate for the 
office’’ and all that follows and inserting the fol-
lowing: ‘‘any candidate in any election for Federal 
office shall be fined under this title, imprisoned not 
more than 5 years, or both. For purposes of this 
section, the term ‘election for Federal office’ means 
a general, special, primary, or runoff election held to 
nominate or elect a candidate for the office of Presi-
dent or Vice President, presidential elector, or of 
Senator or Representative in, or Delegate or Resi-
dent Commissioner to, the Congress.’’. 
(2) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
(A) IN GENERAL.—Chapter 29 of title 18, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 612. False statements regarding Federal elections 
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son, whether acting under color of law or otherwise, during 
the 90-day period which ends on the date of an election 
for Federal office, by any means, including by means of 
written, electronic, or telephonic communications, to com-
municate or cause to be communicated materially false in-
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formation described in subsection (b), or produce materi-
ally false information described in subsection (b) with the 
intent that such information be communicated, if such 
person— 
‘‘(1) knows such information to be false; and 
‘‘(2) has the intent to mislead voters, or the in-
tent to impede, hinder, discourage, or prevent an-
other person from exercising the right to vote, in the 
election. 
‘‘(b) INFORMATION DESCRIBED.—Information de-
scribed in this subsection is information regarding— 
‘‘(1) the time or place of holding any election 
for Federal office; or 
‘‘(2) the qualifications for, or restrictions on eli-
gibility of, a voter in an election for Federal office, 
including— 
‘‘(A) any criminal penalties associated with 
voting in any such election; or 
‘‘(B) information regarding a voter’s reg-
istration status or eligibility. 
‘‘(c) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a) shall be subject to 
the same penalties as those prescribed for the offense that 
the person attempted to commit. 
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‘‘(d) PENALTY.—Any person who violates subsection 
(a) shall be fined under this title, imprisoned not more 
than 5 years, or both. 
‘‘(e) ELECTION FOR FEDERAL OFFICE DEFINED.— 
In this section, the term ‘election for Federal office’ has 
the meaning given such term in section 594.’’. 
(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: 
‘‘612. False statements regarding Federal elections.’’. 
(3) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.— 
(A) IN GENERAL.—Chapter 29 of title 18, 
United States Code, as amended by paragraph 
(2)(A), is further amended by adding at the end 
the following new section: 
‘‘§ 613. Hindering, interfering with, or preventing vot-
ing or registering to vote 
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son, whether acting under color of law or otherwise, to 
corruptly hinder, interfere with, or prevent another person 
from voting, registering to vote, or aiding another person 
in voting or registering to vote in any election for Federal 
office. 
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‘‘(b) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a) shall be subject to 
the same penalties as those prescribed for the offense that 
the person attempted to commit. 
‘‘(c) PENALTY.—Any person who violates subsection 
(a) shall be fined under this title, imprisoned not more 
than 5 years, or both. 
‘‘(d) ELECTION FOR FEDERAL OFFICE DEFINED.— 
In this section, the term ‘election for Federal office’ has 
the meaning given such term in section 594.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections for chapter 29 of title 18, United 
States Code, as amended by paragraph (2)(B), 
is amended by adding at the end the following 
new item: 
‘‘613. Hindering, interfering with, or preventing voting or registering to vote.’’. 
(4) SENTENCING GUIDELINES.— 
(A) REVIEW AND AMENDMENT.—Not later 
than 180 days after the date of enactment of 
this Act, the United States Sentencing Commis-
sion, pursuant to its authority under section 
994 of title 28, United States Code, and in ac-
cordance with this section, shall review and, if 
appropriate, amend the Federal sentencing 
guidelines and policy statements applicable to 
persons convicted of any offense under chapter 
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HR 108 IH1S 
29 of title 18, United States Code, to take into 
account the amendments made by this sub-
section. 
(B) AUTHORIZATION.—The United States 
Sentencing Commission may, for the purposes 
of carrying out subparagraph (A), amend the 
Federal sentencing 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. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections held on 
or after the date of the enactment of this Act, except that 
no person may be found to have violated subsections (b)(2) 
or (b)(3) of section 2004(b) of the Revised Statutes (as 
added by subsection (a)), section 612 of title 18, United 
States Code (as added by subsection (c)(2)), or section 
613 of title 18, United States Code (as added by sub-
section (c)(3)) on the basis of any act occurring prior to 
the date of the enactment of this Act. 
SEC. 202. CORRECTIVE ACTION. 
(a) IN GENERAL.—If the Attorney General receives 
a credible report that materially false information regard-
ing an election for Federal office has been or is being com-
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municated in violation of section 2004(b)(2) of the Revised 
Statutes (as added by section 201(a)), and if the Attorney 
General determines that State and local election officials 
have not taken adequate steps to promptly communicate 
accurate information to correct the materially false infor-
mation, the Attorney General may, in his discretion, com-
municate to the public, by any means, including by means 
of written, electronic, or telephonic communications, accu-
rate information designed to correct such materially false 
information. 
(b) CONTENTS OF CORRECTIVE INFORMATION.—The 
corrective information communicated by the Attorney 
General under subsection (a) shall be accurate and objec-
tive, shall not be designed to favor or disfavor any par-
ticular candidate, organization, or political party, and 
shall consist of only the information necessary to correct 
the false statement that has been or is being commu-
nicated. 
(c) METHOD OF DISSEMINATION OF CORRECTIVE IN-
FORMATION.—When reasonably possible, any communica-
tion of corrective information under this section shall be 
by means that the Attorney General determines will reach 
the persons to whom the false statement has been or is 
being communicated. 
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SEC. 203. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after 
each regularly scheduled general election for Federal of-
fice, the Attorney General shall submit to the appropriate 
committees of Congress a report compiling all allegations 
of violations of section 2004(b)(2) of the Revised Statutes 
(as added by section 201(a)), section 2004(b)(3) of the 
Revised Statutes (as added by section 201(a)), and section 
612 of title 18, United States Code (as added by section 
201(c)(2)) which were received by the Attorney General 
with respect to such election and all other previous elec-
tions for Federal office which were held after the date of 
the previous regularly scheduled general election for Fed-
eral office. 
(b) CONTENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each report submitted under subsection 
(a) shall include— 
(A) descriptions of each allegation of a vio-
lation, including the geographic location and the 
racial and ethnic composition, as well as lan-
guage minority-group membership (if any), of 
the persons toward whom the alleged violation 
was directed; 
(B) the status of the investigation of each 
such allegation; 
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(C) descriptions of each corrective action 
taken under section 202(a) in response to such 
allegations; 
(D) descriptions of each referral of such an 
allegation to other Federal, State, or local agen-
cies; 
(E) descriptions of any civil litigation insti-
tuted under subsection (b)(2) or subsection 
(b)(3) of section 2004(b) of the Revised Stat-
utes (as added by section 201(a)) in connection 
with such allegations; and 
(F) descriptions of any criminal prosecu-
tion instituted under section 612 of title 18, 
United States Code (as added by section 
201(c)(2)) in connection with the receipt of 
such allegations. 
(2) EXCEPTION.—The Attorney General shall 
withhold from the report submitted under subsection 
(a) any information protected from disclosure by 
Rule 6(e) of the Federal Rules of Criminal Proce-
dure or any Federal criminal statute, and also may 
withhold from the report any privileged information, 
any information concerning ongoing investigations, 
any information concerning a criminal or civil pro-
ceeding conducted under seal, and any other non-
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public information the disclosure of which as deter-
mined by the Attorney General could reasonably be 
expected to infringe on the rights of any individual 
or adversely affect the integrity of a pending or fu-
ture criminal investigation. 
(c) REPORT MADE PUBLIC.—On the date that the 
Attorney General submits the report required under sub-
section (a), the Attorney General shall also make the re-
port publicly available through the Internet and other ap-
propriate means. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to the regularly scheduled general election for Fed-
eral office held in November 2012 and each succeeding 
regularly scheduled general election for Federal office. 
SEC. 204. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this title and the amendments 
made by this title, and the application of the provisions 
and amendments to any person or circumstance, shall not 
be affected by the holding. 
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HR 108 IH1S 
SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General such sums as may be necessary to carry out 
this title and the amendments made by this title. 
TITLE III—PROHIBITING VOTER 
CAGING 
SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE 
CHALLENGES PROHIBITED. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 201(a), is amended 
by adding at the end the following: 
‘‘§ 614. Voter caging and other questionable chal-
lenges 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘voter caging document’ means— 
‘‘(A) a nonforwardable document that is 
returned to the sender or a third party as unde-
livered or undeliverable despite an attempt to 
deliver such document to the address of a reg-
istered voter or applicant; or 
‘‘(B) any document with instructions to an 
addressee that the document be returned to the 
sender or a third party but is not so returned, 
despite an attempt to deliver such document to 
the address of a registered voter or applicant, 
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unless at least two Federal election cycles have 
passed since the date of the attempted delivery; 
‘‘(2) the term ‘voter caging list’ means a list of 
individuals compiled from voter caging documents; 
and 
‘‘(3) the term ‘unverified match list’ means a 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise; unless one of 
the pieces of information matched includes a signa-
ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
‘‘(1) a voter caging document or voter caging 
list; 
‘‘(2) an unverified match list; 
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‘‘(3) an error or omission on any record or 
paper relating to any application, registration, or 
other act requisite to voting, if such error or omis-
sion is not material to an individual’s eligibility to 
vote under section 2004 of the Revised Statutes, as 
amended (42 U.S.C. 1971(a)(2)(B)); or 
‘‘(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.— 
‘‘(1) ATTESTATION
OF
FIRST-HAND
KNOWL-
EDGE OF INELIGIBILITY.—No person, other than a 
State or local election official, shall submit a formal 
challenge to an individual’s eligibility to register to 
vote in an election for Federal office or to vote in 
an election for Federal office unless that challenge 
is supported by personal, first-hand knowledge re-
garding the grounds for ineligibility which is— 
‘‘(A) documented in writing; and 
‘‘(B) subject to an oath or attestation 
under penalty of perjury that the individual 
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who is the subject of the challenge is ineligible 
to register to vote or vote in that election. 
‘‘(2) PROHIBITING
CHALLENGES
BASED
ON 
CERTAIN EVIDENCE.—No person, other than a State 
or local election official, shall submit a formal chal-
lenge to an individual’s eligibility to register to vote 
in an election for Federal office or to vote in an elec-
tion for Federal office if the basis for such challenge 
is evidence consisting of— 
‘‘(A) a voter caging document or voter cag-
ing list; 
‘‘(B) an unverified match list; 
‘‘(C) an error or omission on any record or 
paper relating to any application, registration, 
or other act requisite to voting, if such error or 
omission is not material to an individual’s eligi-
bility to vote under section 2004 of the Revised 
Statutes, 
as 
amended 
(42 
U.S.C. 
1971(a)(2)(B)); or 
‘‘(D) any other evidence so designated for 
purposes of this section by the Election Assist-
ance Commission. 
‘‘(d) PENALTIES
FOR KNOWING MISCONDUCT.— 
Whoever knowingly challenges the eligibility of one or 
more individuals to register or vote or knowingly causes 
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the eligibility of such individuals to be challenged in viola-
tion of this section with the intent that one or more eligi-
ble voters be disqualified, shall be fined under this title 
or imprisoned not more than 5 years, or both, for each 
such violation. Each violation shall be a separate offense. 
‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (42 U.S.C. 
1973gg et seq.) or to affect the Voting Rights Act of 1965 
(42 U.S.C. 1973 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 201(b), is amended by adding at the end the 
following: 
‘‘614. Voter caging and other questionable challenges.’’. 
SEC. 302. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision to any person 
or circumstance, is held to be unconstitutional, the re-
mainder of this title and the amendments made by this 
title, and the application of the provisions to any person 
or circumstance, shall not be affected by the holding. 
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HR 108 IH1S 
TITLE IV—RESTORING VOTING 
RIGHTS 
SEC. 401. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 402. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this title. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) NOTICE TO ELECTION OFFICIAL.—A person 
who is aggrieved by a violation of this title may pro-
vide written notice of the violation to the chief elec-
tion official of the State involved. 
(2) ACTION PERMITTED.—Except as provided 
in paragraph (3), if the violation is not corrected 
within 90 days after receipt of a notice under para-
graph (1), or within 20 days after receipt of the no-
tice if the violation occurred within 120 days before 
the date of an election for Federal office, the ag-
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graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
(ii) is released from the custody of 
that State (other than to the custody of 
another State or the Federal Government 
to serve a term of imprisonment for a fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced. 
(b) FEDERAL NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), the Director of the Bureau of 
Prisons shall notify in writing any individual who 
has been convicted of a criminal offense under Fed-
eral law that such individual has the right to vote 
in an election for Federal office pursuant to this 
title and may register to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
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felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation by a court established by an 
Act of Congress; or 
(ii) is released from the custody of the 
Bureau of Prisons (other than to the cus-
tody of a State to serve a term of impris-
onment for a felony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced. 
SEC. 404. DEFINITIONS. 
For purposes of this title: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
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(2) ELECTION.—The term ‘‘election’’ means— 
(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
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(D) supervision of the individual by an of-
ficer of the court. 
SEC. 405. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this title shall be construed to prohibit the 
States enacting any State law which affords the right to 
vote in any election for Federal office on terms less restric-
tive than those established by this title. 
(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this title are in addition to all other 
rights and remedies provided by law, and neither rights 
and remedies established by this title shall supersede, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 
Registration Act (42 U.S.C. 1973–gg). 
SEC. 406. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
prison, jail, or other place of incarceration, any Federal 
grant amounts unless that person has in effect a program 
under which each individual incarcerated in that person’s 
jurisdiction who is a citizen of the United States is noti-
fied, upon release from such incarceration, of that individ-
ual’s rights under section 401. 
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SEC. 407. EFFECTIVE DATE. 
This title shall apply to citizens of the United States 
voting in any election for Federal office held after the date 
of the enactment of this Act. 
TITLE V—ELECTION DAY AS 
LEGAL PUBLIC HOLIDAY 
SEC. 501. TREATMENT OF ELECTION DAY IN SAME MANNER 
AS LEGAL PUBLIC HOLIDAY FOR PURPOSES 
OF FEDERAL EMPLOYMENT. 
For purposes of any law relating to Federal employ-
ment, the Tuesday next after the first Monday in Novem-
ber in 2012 and each even-numbered year thereafter shall 
be treated in the same manner as a legal public holiday 
described in section 6103 of title 5, United States Code. 
SEC. 502. STUDY BY COMPTROLLER GENERAL OF IMPACT 
ON VOTER PARTICIPATION. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study of the impact of section 501 on voter par-
ticipation. 
(b) REPORT.—Not later than May 1, 2017, the 
Comptroller General shall submit a report to Congress and 
the President on the results of the study conducted under 
subsection (a). 
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SEC. 503. SENSE OF CONGRESS REGARDING TREATMENT 
OF DAY BY PRIVATE EMPLOYERS. 
It is the sense of Congress that private employers in 
the United States should give their employees a day off 
on the Tuesday next after the first Monday in November 
in 2012 and each even-numbered year thereafter to enable 
the employees to cast votes in the elections held on that 
day. 
Æ 
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