I 
111TH CONGRESS 
1ST SESSION 
H. R. 97 
To amend title 18, United States Code, to prohibit certain deceptive practices 
in Federal elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. CONYERS (for himself, Mr. NADLER of New York, Ms. ZOE LOFGREN of 
California, Mr. SCOTT of Virginia, Ms. JACKSON-LEE of Texas, Mr. 
DELAHUNT, Mr. WEXLER, Mr. ELLISON, Mr. COHEN, Mr. JOHNSON of 
Georgia, Mr. VAN HOLLEN, Mr. LEWIS of Georgia, Ms. NORTON, Mr. 
PAYNE, Mrs. MALONEY, and Mr. SCHIFF) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deceptive Practices 
and Voter Intimidation Prevention Act of 2009’’. 
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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, within 60 days before a Federal elec-
tion, 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— 
‘‘(A) the time, place, or manner of con-
ducting the election; 
‘‘(B) the qualifications for or restrictions 
on voter eligibility for the election, including— 
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‘‘(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’’. 
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-
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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 
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; 
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(B) refer any matter under the jurisdiction 
of the Civil Rights Division of the Department 
of Justice to such division for prosecution; and 
(C) 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) 
through public service announcements, the 
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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; 
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