,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ffjg ,,in ,,the ,,house ,,of ,,representatives ,july #bf1 #bjah,mr4 ,mc,eachin 7for himself1 ,mr4 ,nadler1 ,mr4 ,ben ,ray ,lujn of ,new ,mexico1 ,mr4 ,serrano1 ,ms4 ,wilson of ,florida1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,clyburn1 ,mr4 ,lewis of ,georgia1 and ,mrs4 ,watson ,coleman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit deceptive practices in ,federal elections4 #a4 ,short title ,this ,act may be cited as the ,deceptive ,practices and ,voter ,intimidation ,prevention ,act of #bjah4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to ,united ,states citizens by the ,constitution1 and the unimpeded exercise of this right is essential to the functioning of our democracy4 7#b7 ,historically1 certain citizens1 especially racial1 ethnic1 and language minorities1 were prevented from voting because of significant barriers such as literacy tests1 poll taxes1 and property ownership requirements4 7#c7 ,some of these barriers were removed by the #aeth1 #aith1 and #bdth ,amendments to the ,constitution4 7#d7 ,despite the elimination of some of these barriers to the polls1 the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout4 ,these tactics include deceptive practices1 which involve the dissemination of false or misleading information intended to prevent voters from casting their ballots1 prevent voters from voting for the candidate of their choice1 intimidate the electorate1 and undermine the integrity of the electoral process4 7#e7 ,furthermore1 since the decision in ,shelby ,county v4 ,holder in which the ,supreme ,court struck down the coverage formula used by the ,voting ,rights ,act of #aife to determine which ,states with a history of racial discrimination must affirmatively receive government permission before changing local voting laws1 there have been ,federal court decisions finding or affirming that ,states or localities intentionally discriminated against ,african ,americans and other voters of color4 7#f7 ,denials of the right to vote1 and deceptive practices designed to prevent members of racial1 ethnic1 and language minorities from exercising that right1 are an outgrowth of discriminatory history1 including slavery4 ,measures to combat denials of that right are a legitimate exercise of congressional power under article ,i1 section #d and article ,,ii1 section #a of1 and the #adth and #aeth ,amendments to1 the ,united ,states ,constitution4 7#g7 ,for the last few decades1 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 protections4 7#h7 ,in addition1 in at least one instance in #aiij1 thousands of voters reportedly received postcards providing false information about voter eligibility and warnings about criminal penalties for voter fraud4 ,most of the voters who received the postcards were ,african ,american4 7#i7 ,during the #bjjd elections1 ,native ,american voters in ,south ,dakota reported being required to provide photographic identification in order to vote1 despite the fact that neither ,state nor ,federal law required such identification4 7#aj7 ,in the #bjjf midterm elections1 thousands of ,latino voters received mailings warning them in ,spanish that voting in a ,federal election as an immigrant 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 citizen4 7#aa7 ,in #bjjh1 fliers were distributed in predominantly ,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 ,day4 ,in the same year1 there were reports of people receiving text messages on ,election ,day asking them to wait until the following day to vote4 7#ab7 ,in #bjab1 there were reports of voters receiving calls falsely informing them that they could vote via telephone4 7#ac7 ,in the #bjaf elections1 there were reports of students receiving fliers stating that in order to vote in a local precinct1 they had to pay to change their driver's license and re-register vehicles in the city in which the precinct was located4 7#ad7 ,those responsible for these and similar efforts should be held accountable1 and civil and criminal penalties should be available to punish anyone who seeks to keep voters away from the polls by providing false information4 7#ae7 ,moreover1 the ,federal ,government should help correct such false information in order to assist voters in exercising their right to vote without confusion and to preserve the integrity of the electoral process4 7#af7 ,the ,federal ,government has a compelling interest in protecting voters from confusion and undue influence and in preserving the integrity of its election process4 ,burson v4 ,freeman1 #ejd ,u4,s4 #aia1 #aii 7#aiib74 7#ag7 ,the ,first ,amendment does not preclude the regulation of some intentionally false speech1 even if it is political in nature4 ,as the ,supreme ,court of the ,united ,states has recognized1 that speech is used as a tool for political ends does not automatically bring it under the protective mantle of the ,constitution4 ,for the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic1 social1 or political change is to be effected ''' 4 ,hence the knowingly false statement and the false statement made with reckless disregard of the truth1 do not enjoy constitutional protection44 ,garrison v4 ,louisiana1 #cgi ,u4,s4 #fd1 #ge 7#aifd74 #c4 ,prohibition on deceptive practices in ,federal elections 7a7 ,prohibition ,subsection 7b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b77 is amended-- 7#a7 by striking ,no person and inserting the following3 7#a7 ,in general ,no person 2 and 7#b7 by inserting at the end the following new paragraphs3 7#b7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time1 place1 or manner of holding any election described in paragraph 7#e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#c7 ,false statements regarding public endorsements 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate1 or cause to be communicated1 a materially false statement about an endorsement1 if such person-- 7i7 knows such statement to be false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,definition of materially false ,for purposes of subparagraph 7,a71 a statement about an endorsement is materially false if1 with respect to an upcoming election described in paragraph 7#e7-- 7i7 the statement states that a specifically named person1 political party1 or organization has endorsed the election of a specific candidate for a ,federal office described in such paragraph2 and 7ii7 such person1 political party1 or organization has not endorsed the election of such candidate4 7#d7 ,hindering1 interfering with1 or preventing voting or registering to vote ,no person1 whether acting under color of law or otherwise1 shall intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in paragraph 7#e74 7#e7 ,election described ,an election described in this paragraph is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7b7 ,private right of action 7#a7 ,in general ,subsection 7c7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77 is amended-- 7,a7 by striking ,whenever any person and inserting the following3 7#a7 ,whenever any person 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,any person aggrieved by a violation of subsection 7b77#b71 7b77#c71 or 7b77#d7 may institute a civil action for preventive relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 ,in any such action1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 4 7#b7 ,conforming amendments 7,a7 ,subsection 7e7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;e77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7,b7 ,subsection 7g7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;g77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7c7 ,criminal penalties 7#a7 ,deceptive acts ,section #eid of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking ,whoever and inserting the following3 7a7 ,intimidation ,whoever 2 7,b7 in subsection 7a71 as inserted by subparagraph 7,a71 by striking at any election and inserting at any general1 primary1 run-off1 or special election2 and 7,c7 by adding at the end the following new subsections3 7b7 ,deceptive acts 7#a7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 within #fj days before an election described in subsection 7e71 by any means1 including by means of written1 electronic1 or telephonic communications1 to communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to mislead voters1 or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection 7e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time or place of holding any election described in subsection 7e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7c7 ,hindering1 interfering with1 or preventing voting or registering ,to vote 7#a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in subsection 7e74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7d7 ,attempt ,any person who attempts to commit any offense described in subsection 7a71 7b77#a71 or 7c77#a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7e7 ,election described ,an election described in this subsection is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7#b7 ,modification of penalty for voter intimidation ,section #eid7;a7 of title #ah1 ,united ,states ,code1 as amended by paragraph 7#a71 is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than #ajj1jjj1 imprisoned for not more than #e years4 7#c7 ,sentencing guidelines 7,a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #eid of title #ah1 ,united ,states ,code1 as amended by this section4 7,b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal ,sentencing ,guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 7#d7 ,payments for refraining from voting ,subsection 7c7 of section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by striking either for registration to vote or for voting and inserting for registration to vote1 for voting1 or for not voting4 #d4 ,corrective action 7a7 ,corrective action 7#a7 ,in general ,if the ,attorney ,general receives a credible report that materially false information has been or is being communicated in violation of paragraphs 7#b7 and 7#c7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #c7;a71 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 information1 the ,attorney ,general shall1 pursuant to the written procedures and standards under subsection 7b71 communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to correct the materially false information4 7#b7 ,communication of corrective information ,any information communicated by the ,attorney ,general under paragraph 7#a7-- 7,a7 shall-- 7i7 be accurate and objective2 7ii7 consist of only the information necessary to correct the materially false information that has been or is being communicated2 and 7iii7 to the extent practicable1 be by a means that the ,attorney ,general determines will reach the persons to whom the materially false information has been or is being communicated2 and 7,b7 shall not be designed to favor or disfavor any particular candidate1 organization1 or political party4 7b7 ,written procedures and standards for taking corrective action 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall publish written procedures and standards for determining when and how corrective action will be taken under this section4 7#b7 ,inclusion of appropriate deadlines ,the procedures and standards under paragraph 7#a7 shall include appropriate deadlines1 based in part on the number of days remaining before the upcoming election4 7#c7 ,consultation ,in developing the procedures and standards under paragraph 7#a71 the ,attorney ,general shall consult with the ,election ,assistance ,commission1 ,state and local election officials1 civil rights organizations1 voting rights groups1 voter protection groups1 and other interested community organizations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this ,act4 #e4 ,reports to ,congress 7a7 ,in general ,not later than #ahj days after each general election for ,federal office1 the ,attorney ,general shall submit to ,congress a report compiling all allegations received by the ,attorney ,general of deceptive practices described in paragraphs 7#b71 7#c71 and 7#d7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #c7;a71 relating to the general election for ,federal office and any primary1 run-off1 or a special election for ,federal office held in the #b years preceding the general election4 7b7 ,contents 7#a7 ,in general ,each report submitted under subsection 7a7 shall include-- 7,a7 a description of each allegation of a deceptive practice described in subsection 7a71 including the geographic location1 racial and ethnic composition1 and language minority-group membership of the persons toward whom the alleged deceptive practice was directed2 7,b7 the status of the investigation of each allegation described in subparagraph 7,a72 7,c7 a description of each corrective action taken by the ,attorney ,general under section #d7;a7 in response to an allegation described in subparagraph 7,a72 7,d7 a description of each referral of an allegation described in subparagraph 7,a7 to other ,federal1 ,state1 or local agencies2 7,e7 to the extent information is available1 a description of any civil action instituted under section #bjjd7;c77#b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77#b771 as added by section #c7;b71 in connection with an allegation described in subparagraph 7,a72 and 7,f7 a description of any criminal prosecution instituted under section #eid of title #ah1 ,united ,states ,code1 as amended by section #c7;c71 in connection with the receipt of an allegation described in subparagraph 7,a7 by the ,attorney ,general4 7#b7 ,exclusion of certain information 7,a7 ,in general ,the ,attorney ,general shall not include in a report submitted under subsection 7a7 any information protected from disclosure by rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure or any ,federal criminal statute4 7,b7 ,exclusion of certain other information ,the ,attorney ,general may determine that the following information shall not be included in a report submitted under subsection 7a73 7i7 ,any information that is privileged4 7ii7 ,any information concerning an ongoing investigation4 7iii7 ,any information concerning a criminal or civil proceeding conducted under seal4 7iv7 ,any other nonpublic information that the ,attorney ,general determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation4 7c7 ,report made public ,on the date that the ,attorney ,general submits the report under subsection 7a71 the ,attorney ,general shall also make the report publicly available through the ,internet and other appropriate means4 #f4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions and amendments to any person or circumstance1 shall not be affected by the holding4