Deceptive Practices and Voter Intimidation Prevention Act of 2007

Bill: 110-s-453
Sponsor: Sen. Obama, Barack [D-IL]
Introduced: 2007-01-31 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Broadcasting
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Civil rights enforcement
Congress
Congressional elections
Congressional reporting requirements
Conspiracy
Crime and Law Enforcement
Criminal investigation
Department of Justice
Election administration
Election fraud
Government publicity
Governmental investigations
Law
Political parties
Presidential elections
Primaries
Prosecution
Public service advertising
Runoff elections
Science, Technology, Communications
Sentences (Criminal procedure)
Sentencing guidelines
U.S. Sentencing Commission
Voter registration
Voting rights

Summary:
action_date: 2007-01-31
text: 
Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Makes intent to prevent another person from exercising the right to vote an essential element of the offense. Creates a private right of action for any person aggrieved by a violation of such prohibition.
 
Prescribes a criminal penalty for such deceptive acts.
 
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act.
 
Authorizes any person to report to the Attorney General false election information. 
 
Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that false information has been communicated, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information; (2) refer any pertinent matter to the Civil Rights Division of the Department of Justice for prosecution; and (3) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election. 
 
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.

Authorizes the Attorney General to establish a Voting Integrity Task Force.

action_date: 2007-10-04
text: 
Deceptive Practices and Voter Intimidation Prevention Act of 2007 - (Sec. 3) Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Makes intent to prevent another person from exercising the right to vote, or from voting for the candidate of such other person's choice, an essential element of the offense. 

Prescribes a criminal penalty for such deceptive acts.

Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act.

(Sec. 4) Authorizes any person to report to the Attorney General false election information. 

Requires the Attorney General, if a report provides a reasonable basis to find that an election violation has occurred, to pursue any appropriate criminal prosecution or civil action and refer the matter to the Civil Rights Division of the Department of Justice for criminal prosecution or civil action, but only if such matter is otherwise under the Division's jurisdiction.

Prohibits the commencement of any investigation or legal action relating to a report until after the election concerned has been completed, unless the Attorney General: (1) reasonably believes it is necessary to pursue such investigation or legal proceedings promptly; and (2) reasonably determines that such investigation or legal proceeding will not inhibit any person from exercising right to vote. 

(Sec. 5) Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that false information has been communicated, to undertake all effective measures necessary to provide correct information to voters affected by the false information.

Authorizes any person who has made such a report about which the Attorney General fails to take corrective action to apply to a U.S. district court for an order requiring the Attorney General to take such action.

Requires the Attorney General to report to Congress on the procedures and standards intended to be used to provide corrective action. 

Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.

Authorizes appropriations.

(Sec. 6) Directs the Attorney General to report to Congress on any allegations of false information submitted which relate to any federal general election or to any preceding primary or ensuing run-off election.


Legislative actions:
action_date: 2007-10-04
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 411.
action_date: 2007-10-04
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 110-191. Additional views filed.
action_date: 2007-10-04
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 110-191. Additional views filed.
action_date: 2007-09-06
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-06-07
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-277.
action_date: 2007-01-31
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2007-01-31
text: Sponsor introductory remarks on measure. (CR S1428)
action_date: 2007-01-31
text: Introduced in Senate