I 
115TH CONGRESS 
2D SESSION 
H. R. 6607 
To prohibit deceptive practices in Federal elections. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. MCEACHIN (for himself, Mr. NADLER, Mr. BEN RAY LUJA´N of New Mex-
ico, Mr. SERRANO, Ms. WILSON of Florida, Ms. CLARKE of New York, 
Mr. CLYBURN, Mr. LEWIS of Georgia, and Mrs. WATSON COLEMAN) in-
troduced 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 2018’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The right to vote by casting a ballot for 
one’s preferred candidate is a fundamental right ac-
corded to United States citizens by the Constitution, 
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and the unimpeded exercise of this right is essential 
to the functioning of our democracy. 
(2) Historically, certain citizens, especially ra-
cial, ethnic, and language minorities, were prevented 
from voting because of significant barriers such as 
literacy tests, poll taxes, and property ownership re-
quirements. 
(3) Some of these barriers were removed by the 
15th, 19th, and 24th Amendments to the Constitu-
tion. 
(4) Despite the elimination of some of these 
barriers to the polls, the integrity of today’s elec-
tions is threatened by newer tactics aimed at sup-
pressing voter turnout. These tactics include ‘‘decep-
tive practices’’, which involve the dissemination of 
false or misleading information intended to prevent 
voters from casting their ballots, prevent voters from 
voting for the candidate of their choice, intimidate 
the electorate, and undermine the integrity of the 
electoral process. 
(5) Furthermore, since the decision in Shelby 
County v. Holder in which the Supreme Court 
struck down the coverage formula used by the Vot-
ing Rights Act of 1965 to determine which States 
with a history of racial discrimination must affirma-
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tively receive government permission before changing 
local voting laws, there have been Federal court de-
cisions finding or affirming that States or localities 
intentionally discriminated against African Ameri-
cans and other voters of color. 
(6) Denials of the right to vote, and deceptive 
practices designed to prevent members of racial, eth-
nic, and language minorities from exercising that 
right, are an outgrowth of discriminatory history, in-
cluding slavery. Measures to combat denials of that 
right are a legitimate exercise of congressional power 
under article I, section 4 and article II, section 1 of, 
and the 14th and 15th Amendments to, the United 
States Constitution. 
(7) For the last few decades, there have been 
a number of instances of deceptive or intimidating 
practices aimed towards suppressing minority access 
to the voting booth that demonstrates the need for 
strengthened protections. 
(8) In addition, in at least one instance in 
1990, thousands of voters reportedly received post-
cards providing false information about voter eligi-
bility and warnings about criminal penalties for 
voter fraud. Most of the voters who received the 
postcards were African American. 
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(9) During the 2004 elections, Native American 
voters in South Dakota reported being required to 
provide photographic identification in order to vote, 
despite the fact that neither State nor Federal law 
required such identification. 
(10) In the 2006 midterm elections, thousands 
of Latino voters received mailings warning them in 
Spanish that voting in a Federal election as an im-
migrant could result in incarceration—despite the 
fact that any immigrant who is a naturalized citizen 
of the United States has the same right to vote as 
any other citizen. 
(11) In 2008, fliers were distributed in pre-
dominantly African American neighborhoods falsely 
warning that people with outstanding warrants or 
unpaid parking tickets could be arrested if they 
showed up at the polls on Election Day. In the same 
year, there were reports of people receiving text mes-
sages on Election Day asking them to wait until the 
following day to vote. 
(12) In 2012, there were reports of voters re-
ceiving calls falsely informing them that they could 
vote via telephone. 
(13) In the 2016 elections, there were reports 
of students receiving fliers stating that in order to 
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vote in a local precinct, they had to pay to change 
their driver’s license and re-register vehicles in the 
city in which the precinct was located. 
(14) Those responsible for these and similar ef-
forts should be held accountable, and civil and crimi-
nal penalties should be available to punish anyone 
who seeks to keep voters away from the polls by pro-
viding false information. 
(15) Moreover, the Federal Government should 
help correct such false information in order to assist 
voters in exercising their right to vote without confu-
sion and to preserve the integrity of the electoral 
process. 
(16) The Federal Government has a compelling 
interest in ‘‘protecting voters from confusion and 
undue influence’’ and in ‘‘preserving the integrity of 
its election process’’. Burson v. Freeman, 504 U.S. 
191, 199 (1992). 
(17) The First Amendment does not preclude 
the regulation of some intentionally false speech, 
even if it is political in nature. As the Supreme 
Court of the United States has recognized, ‘‘[t]hat 
speech is used as a tool for political ends does not 
automatically bring it under the protective mantle of 
the Constitution. For the use of the known lie as a 
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tool is at once at odds with the premises of demo-
cratic government and with the orderly manner in 
which economic, social, or political change is to be 
effected . . . . Hence the knowingly false statement 
and the false statement made with reckless disregard 
of the truth, do not enjoy constitutional protection.’’. 
Garrison v. Louisiana, 379 U.S. 64, 75 (1964). 
SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) PROHIBITION.—Subsection (b) of section 2004 of 
the Revised Statutes (52 U.S.C. 10101(b)) is amended— 
(1) by striking ‘‘No person’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—No person’’; and 
(2) by inserting at the end the following new 
paragraphs: 
‘‘(2) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate or cause to be com-
municated information described in subpara-
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graph (B), or produce information described in 
subparagraph (B) with the intent that such in-
formation be communicated, if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time, place, or manner of 
holding any election described in para-
graph (5); or 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal penalties asso-
ciated with voting in any such elec-
tion; or 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
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‘‘(3) FALSE STATEMENTS REGARDING PUBLIC 
ENDORSEMENTS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate, or cause to be com-
municated, a materially false statement about 
an endorsement, if such person— 
‘‘(i) knows such statement to be false; 
and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
‘‘(B) 
DEFINITION
OF
‘MATERIALLY 
FALSE’.—For purposes of subparagraph (A), a 
statement about an endorsement is ‘materially 
false’ if, with respect to an upcoming election 
described in paragraph (5)— 
‘‘(i) the statement states that a spe-
cifically named person, political party, or 
organization has endorsed the election of a 
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specific candidate for a Federal office de-
scribed in such paragraph; and 
‘‘(ii) such person, political party, or 
organization has not endorsed the election 
of such candidate. 
‘‘(4) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.—No 
person, whether acting under color of law or other-
wise, shall intentionally hinder, interfere with, or 
prevent another person from voting, registering to 
vote, or aiding another person to vote or register to 
vote in an election described in paragraph (5). 
‘‘(5) ELECTION DESCRIBED.—An election de-
scribed in this paragraph is any general, primary, 
run-off, or special election held solely or in part for 
the purpose of nominating or electing a candidate 
for the office of President, Vice President, presi-
dential elector, Member of the Senate, Member of 
the House of Representatives, or Delegate or Com-
missioner from a Territory or possession.’’. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN
GENERAL.—Subsection (c) of section 
2004 of the Revised Statutes (52 U.S.C. 10101(c)) 
is amended— 
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(A) by striking ‘‘Whenever any person’’ 
and inserting the following: 
‘‘(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), (b)(3), or (b)(4) may institute a 
civil action for preventive relief, including an appli-
cation in a United States district court for a perma-
nent or temporary injunction, restraining order, or 
other order. In any such action, the court, in its dis-
cretion, may allow the prevailing party a reasonable 
attorney’s fee as part of the costs.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Subsection (e) of section 2004 of the 
Revised Statutes (52 U.S.C. 10101(e)) is 
amended by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (c)(1)’’. 
(B) Subsection (g) of section 2004 of the 
Revised Statutes (52 U.S.C. 10101(g)) is 
amended by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (c)(1)’’. 
(c) CRIMINAL PENALTIES.— 
(1) DECEPTIVE ACTS.—Section 594 of title 18, 
United States Code, is amended— 
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(A) by striking ‘‘Whoever’’ and inserting 
the following: 
‘‘(a) INTIMIDATION.—Whoever’’; 
(B) in subsection (a), as inserted by sub-
paragraph (A), by striking ‘‘at any election’’ 
and inserting ‘‘at any general, primary, run-off, 
or special election’’; and 
(C) by adding at the end the following new 
subsections: 
‘‘(b) DECEPTIVE ACTS.— 
‘‘(1) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—It shall be unlawful 
for any person, whether acting under color of 
law or otherwise, within 60 days before an elec-
tion described in subsection (e), by any means, 
including by means of written, electronic, or tel-
ephonic communications, to communicate or 
cause to be communicated information de-
scribed in subparagraph (B), or produce infor-
mation described in subparagraph (B) with the 
intent that such information be communicated, 
if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
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‘‘(ii) has the intent to mislead voters, 
or the intent to impede or prevent another 
person from exercising the right to vote in 
an election described in subsection (e). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time or place of holding any 
election described in subsection (e); or 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal penalties asso-
ciated with voting in any such elec-
tion; or 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(c) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person, whether acting under color of law or 
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otherwise, to corruptly hinder, interfere with, or pre-
vent another person from voting, registering to vote, 
or aiding another person to vote or register to vote 
in an election described in subsection (e). 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(d) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a), (b)(1), or (c)(1) 
shall be subject to the same penalties as those prescribed 
for the offense that the person attempted to commit. 
‘‘(e) ELECTION DESCRIBED.—An election described 
in this subsection is any general, primary, run-off, or spe-
cial election held solely or in part for the purpose of nomi-
nating or electing a candidate for 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.’’. 
(2) MODIFICATION OF PENALTY FOR VOTER IN-
TIMIDATION.—Section 594(a) of title 18, United 
States Code, as amended by paragraph (1), is 
amended by striking ‘‘fined under this title or im-
prisoned not more than one year’’ and inserting 
‘‘fined not more than $100,000, imprisoned for not 
more than 5 years’’. 
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(3) 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 section 
594 of title 18, United States Code, as amend-
ed by this section. 
(B) AUTHORIZATION.—The United States 
Sentencing Commission may amend the Federal 
Sentencing Guidelines in accordance with the 
procedures set forth in section 21(a) of the Sen-
tencing Act of 1987 (28 U.S.C. 994 note) as 
though the authority under that section had not 
expired. 
(4) PAYMENTS
FOR
REFRAINING
FROM
VOT-
ING.—Subsection (c) of section 11 of the Voting 
Rights Act of 1965 (52 U.S.C. 10307) is amended 
by striking ‘‘either for registration to vote or for vot-
ing’’ and inserting ‘‘for registration to vote, for vot-
ing, or for not voting’’. 
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SEC. 4. CORRECTIVE ACTION. 
(a) CORRECTIVE ACTION.— 
(1) IN GENERAL.—If the Attorney General re-
ceives a credible report that materially false informa-
tion has been or is being communicated in violation 
of paragraphs (2) and (3) of section 2004(b) of the 
Revised Statutes (52 U.S.C. 10101(b)), as added by 
section 3(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 informa-
tion, the Attorney General shall, pursuant to the 
written procedures and standards under subsection 
(b), communicate to the public, by any means, in-
cluding by means of written, electronic, or telephonic 
communications, accurate information designed to 
correct the materially false information. 
(2) COMMUNICATION OF CORRECTIVE INFORMA-
TION.—Any information communicated by the Attor-
ney General under paragraph (1)— 
(A) shall— 
(i) be accurate and objective; 
(ii) consist of only the information 
necessary to correct the materially false in-
formation that has been or is being com-
municated; and 
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(iii) to the extent practicable, be by a 
means that the Attorney General deter-
mines will reach the persons to whom the 
materially false information has been or is 
being communicated; and 
(B) shall not be designed to favor or dis-
favor any particular candidate, organization, or 
political party. 
(b) WRITTEN PROCEDURES AND STANDARDS FOR 
TAKING CORRECTIVE ACTION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Attorney 
General shall publish written procedures and stand-
ards for determining when and how corrective action 
will be taken under this section. 
(2) INCLUSION OF APPROPRIATE DEADLINES.— 
The procedures and standards under paragraph (1) 
shall include appropriate deadlines, based in part on 
the number of days remaining before the upcoming 
election. 
(3) CONSULTATION.—In developing the proce-
dures and standards under paragraph (1), the Attor-
ney General shall consult with the Election Assist-
ance Commission, State and local election officials, 
civil rights organizations, voting rights groups, voter 
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protection groups, and other interested community 
organizations. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this Act. 
SEC. 5. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after 
each general election for Federal office, the Attorney Gen-
eral shall submit to Congress a report compiling all allega-
tions received by the Attorney General of deceptive prac-
tices described in paragraphs (2), (3), and (4) of section 
2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 
added by section 3(a), relating to the general election for 
Federal office and any primary, run-off, or a special elec-
tion for Federal office held in the 2 years preceding the 
general election. 
(b) CONTENTS.— 
(1) IN
GENERAL.—Each report submitted 
under subsection (a) shall include— 
(A) a description of each allegation of a 
deceptive practice described in subsection (a), 
including the geographic location, racial and 
ethnic composition, and language minority- 
group membership of the persons toward whom 
the alleged deceptive practice was directed; 
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(B) the status of the investigation of each 
allegation described in subparagraph (A); 
(C) a description of each corrective action 
taken by the Attorney General under section 
4(a) in response to an allegation described in 
subparagraph (A); 
(D) a description of each referral of an al-
legation described in subparagraph (A) to other 
Federal, State, or local agencies; 
(E) to the extent information is available, 
a description of any civil action instituted under 
section 2004(c)(2) of the Revised Statutes (52 
U.S.C. 10101(c)(2)), as added by section 3(b), 
in connection with an allegation described in 
subparagraph (A); and 
(F) a description of any criminal prosecu-
tion instituted under section 594 of title 18, 
United States Code, as amended by section 
3(c), in connection with the receipt of an allega-
tion described in subparagraph (A) by the At-
torney General. 
(2) EXCLUSION OF CERTAIN INFORMATION.— 
(A) IN GENERAL.—The Attorney General 
shall not include in a report submitted under 
subsection (a) any information protected from 
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disclosure by rule 6(e) of the Federal Rules of 
Criminal Procedure or any Federal criminal 
statute. 
(B) EXCLUSION OF CERTAIN OTHER IN-
FORMATION.—The Attorney General may deter-
mine that the following information shall not be 
included in a report submitted under subsection 
(a): 
(i) Any information that is privileged. 
(ii) Any information concerning an 
ongoing investigation. 
(iii) Any information concerning a 
criminal or civil proceeding conducted 
under seal. 
(iv) Any other nonpublic information 
that the Attorney General determines the 
disclosure of which could reasonably be ex-
pected to infringe on the rights of any in-
dividual or adversely affect the integrity of 
a pending or future criminal investigation. 
(c) REPORT MADE PUBLIC.—On the date that the 
Attorney General submits the report under subsection (a), 
the Attorney General shall also make the report publicly 
available through the Internet and other appropriate 
means. 
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SEC. 6. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provisions 
and amendments to any person or circumstance, shall not 
be affected by the holding. 
Æ 
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