I 
109TH CONGRESS 
1ST SESSION H. R. 4463 
To prohibit deceptive practices in Federal elections. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2005 
Mr. HOLT (for himself, Mr. LEWIS of Georgia, Mr. OWENS, Mr. HASTINGS 
of Florida, Ms. KILPATRICK of Michigan, Mr. GRIJALVA, Mr. BRADY of 
Pennsylvania, Mr. DEFAZIO, Mr. KENNEDY of Rhode Island, Ms. MOORE 
of Wisconsin, Mr. BROWN of Ohio, Ms. LEE, Ms. WOOLSEY, Mr. NAD-
LER, Mr. SNYDER, Mr. MICHAUD, Mr. MCGOVERN, Ms. SCHAKOWSKY, 
Ms. JACKSON-LEE of Texas, Mr. SCOTT of Virginia, Ms. CARSON, and 
Mr. LANTOS) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To prohibit deceptive practices in Federal elections. 
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 2005’’. 
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS. 
(a) CIVIL ACTION.—
(1) IN
GENERAL.—Subsection (b) of section 
2004 of the Revised Statutes (42 U.S.C. 1971(b)) is 
amended— 
(A) by striking ‘‘No person’’ and inserting 
the following: 
‘‘(1) No person’’; and 
(B) by inserting at the end the following 
new paragraph: 
‘‘(2) No person, whether acting under color of 
law or otherwise, shall knowingly deceive any other 
person regarding— 
‘‘(A) the time, place, or manner of con-
ducting a general, primary, run-off, or special 
election for the office of President, Vice Presi-
dent, presidential elector, Member of the Sen-
ate, Member of the House of Representatives, 
or Delegate or Resident Commissioner to the 
Congress; or 
‘‘(B) the qualifications for or restrictions 
on voter eligibility for any election described in 
subparagraph (A).’’. 
(2) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—Subsection (c) of sec-
tion 2004 of the Revised Statutes (42 U.S.C. 
1971(c)) is amended—
(i) by striking ‘‘Whenever any person’’ 
and inserting the following: 
‘‘(1) Whenever any person’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(2) Any person aggrieved by a violation of 
subsection (b)(2) may institute a civil action or other 
proper proceeding for preventive relief, including an 
application in a United States district court for a 
permanent or temporary injunction, restraining 
order, or other order.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Subsection (e) of section 2004 of 
the Revised Statutes (42 U.S.C. 1971(e)) 
is amended by striking ‘‘subsection (c)’’ 
and inserting ‘‘subsection (c)(1)’’. 
(ii) Subsection (g) of section 2004 of 
the Revised Statutes (42 U.S.C. 1971(g)) 
is amended by striking ‘‘subsection (c)’’ 
and inserting ‘‘subsection (c)(1)’’. 
(b) CRIMINAL PENALTY.—Section 594 of title 18, 
United States Code, is amended— 
(1) by striking ‘‘Whoever’’ and inserting the fol-
lowing: 
‘‘(a) INTIMIDATION.—Whoever’’; and
(2) by adding at the end the following: 
‘‘(b) DECEPTIVE ACTS.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any person to knowingly deceive another 
person regarding the time, place, or manner of 
an election described in subparagraph (B), or 
the qualifications for or restrictions on voter eli-
gibility for any such election, with the intent to 
prevent such person from exercising the right to 
vote in such election. 
‘‘(B) ELECTION.—An election described in 
this subparagraph is any general, primary, run- 
off, or special election for the office of Presi-
dent, Vice President, presidential elector, Mem-
ber of the Senate, Member of the House of 
Representatives, or Delegate or Resident Com-
missioner to the Congress. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned not more than 1 year, or both.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION. 
(a) IN GENERAL.—Any person may report to the As-
sistant Attorney General of the Civil Rights Division of 
the Department of Justice, or the designee of such Assist-
ant Attorney General, any act of deception regarding— 
(1) the time, place, or manner of conducting a 
general, primary, run-off, or special election for Fed-
eral office; or 
(2) the qualifications for or restrictions on voter 
eligibility for any general, primary, run-off, or spe-
cial election for Federal office. 
(b) CORRECTIVE ACTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 48 hours after receiving a 
report under subsection (a), the Assistant Attorney 
General shall investigate such report and, if the As-
sistant Attorney General determines that an act of 
deception described in subsection (a) occurred, 
shall— 
(A) undertake all effective measures nec-
essary to provide correct information to voters 
affected by the deception, and 
(B) refer the matter to the appropriate 
Federal and State authorities for criminal pros-
ecution.
(2) REPORTS WITHIN 72 HOURS OF AN ELEC-
TION.—If a report under subsection (a) is received 
within 72 hours before the election described in such 
subsection, the Assistant Attorney General shall im-
mediately investigate such report and, if the Assist-
ant Attorney General determines that an act of de-
ception described in subsection (a) occurred, shall 
immediately undertake all effective measures nec-
essary to provide correct information to voters af-
fected by the deception and shall immediately refer 
the matter to the appropriate Federal and State au-
thorities for criminal prosecution. 
(3) REGULATIONS.— 
(A) IN GENERAL.—The Attorney General 
shall promulgate regulations regarding the 
methods and means of corrective actions to be 
taken under paragraphs (1) and (2). Such regu-
lations shall be developed in consultation with 
the Election Assistance Commission, civil rights 
organizations, voting rights groups, State elec-
tion 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 paragraphs 
(1) and (2) through public service an-
nouncements, 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). 
(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 the ap-
propriate committees of Congress a report compiling 
and detailing any allegations of deceptive practices 
submitted pursuant to subsection (a) and relating to 
such election. 
(2) CONTENTS.— 
(A) IN GENERAL.—Each report submitted 
under paragraph (1) shall include— 
(i) detailed information on specific al-
legations of deceptive tactics;
(ii) any corrective actions taken in re-
sponse to such allegations; 
(iii) the effectiveness of any such cor-
rective actions; 
(iv) any suit instituted under section 
2004(b)(2) of the Revised Statutes (42 
U.S.C. 1971(b)(2)) in connection with such 
allegations; 
(v) statistical compilations of how 
many allegations were made and of what 
type; 
(vi) the geographic locations of and 
the populations affected by the alleged de-
ceptive information; and 
(vii) the status of the investigations of 
such allegations. 
(B) EXCEPTION.—The Attorney General 
may withhold any information that the Attorney 
General determines would unduly interfere with 
an on-going investigation. 
(3) REPORT
MADE
PUBLIC.—The Attorney 
General shall make the report required under para-
graph (1) publicly available through the Internet 
and other appropriate means.
(d) 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 
Resident Commissioner to the Congress. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this section. 
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