Deceptive Practices and Voter Intimidation Prevention Act of 2007

A bill to prohibit deceptive practices in Federal elections.

10/4/2007--Reported to Senate amended. 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.


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Sponsor

• Barack Obama
• and 20 Co-Sponsors
  • Sen. Barbara Boxer [D, CA]
  • Sen. Sherrod Brown [D, OH]
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Thomas Coburn [R, OK]
  • Sen. Richard Durbin [D, IL]
  • Sen. Russell Feingold [D, WI]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Tim Johnson [D, SD]
  • Sen. Edward Kennedy [D, MA]
  • Sen. John Kerry [D, MA]
  • Sen. Mary Landrieu [D, LA]
  • Sen. Frank Lautenberg [D, NJ]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Carl Levin [D, MI]
  • Sen. Claire McCaskill [D, MO]
  • Sen. Robert Menéndez [D, NJ]
  • Sen. Charles Schumer [D, NY]
  • Sen. Sheldon Whitehouse [D, RI]
  • Sen. Ron Wyden [D, OR]
  close

Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.453

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
January 31, 2007

Show All Actions (14 actions)Hide Actions

All Bill Actions

• Oct 04, 2007: 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.
• Added to calendar on Oct 04, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 411..
• Sep 06, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Added to calendar on Sep 06, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably..
• Sep 06, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Aug 02, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 2:00 p.m.
• Jul 26, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Jun 07, 2007: Committee on the Judiciary. Date of scheduled hearing. SD-226. 2:00 p.m.
• Jun 07, 2007: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-277.
• Jun 07, 2007: Committee on the Judiciary. Hearings held.
• Introduced on Jan 31, 2007.
• Jan 31, 2007: Sponsor introductory remarks on measure. (CR S1428)
• Jan 31, 2007: Read twice and referred to the Committee on the Judiciary.
• Jan 31, 2007: Introductory remarks on measure. (CR S1428)

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Related Bills:

• H.R.1281

Related Issue Areas:

• Elections
• Actions and defenses
• Administrative procedure
• Broadcasting
• 30 more
• Civil rights
• Civil rights enforcement
• Communications
• Congress
• Congressional elections
• Congressional reporting requirements
• Conspiracy
• Criminal justice
• Department of Justice
• Election administration
• Election fraud
• Executive departments
• Government information
• Government publicity
• Governmental investigations
• Law
• Political parties
• Presidential elections
• Presidents
• Prosecution
• Public service advertising
• Sentences (Criminal procedure)
• Sentencing guidelines
• Telecommunication
• U.S. Sentencing Commission
• Voter registration
• Voting rights
• Criminal investigation
• Primaries
• Runoff elections

Data from the Congressional Research Service

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In the News

September 20, 2007 OPINION: Too Many Barriers To Voting Still Exist

I have co-sponsored the Prevention of Deceptive Practices and Voter Intimidation in Federal Elections Act, S. 453, which would criminalize voter ...

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Source: Southern Maryland Online, MD

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June 09, 2007 Stetement of Hilary O. Shelton to Senate Judiciary Committee

That is why the NAACP so ardently supports the Deceptive Practices and Voter Intimidation Prevention Act, S. 453, introduced by Senators Obama, Cardin, ...

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Source: VoteTrustUSA, CA

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February 17, 2007 Senate mulls bill to punish spreading false election info

The bill, S. 453, would also increase the maximum penalty for voter intimidation from one year to five, and voters who feel victimized by false information ...

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Source: First Amendment Center, TN

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Blog Coverage

January 02, 2009 MyDD :: Politics and Media Headlines 1/2/09

Of the 59 bills, two -- S.453 and S.2433 -- were placed on the Senate floor calendar. None have been voted on. Obama has introduced 59 amendments in this session. Of the 59 amendments, 22 were passed by the Senate, either by voice vote ...

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December 20, 2008 iiirgendwas Blog: die Zivilisierung des Strafrechts

(Kant, Immanuel: Metaphysik der Sitten, Werke IV, hg v Weischedel, S. 453). In Kants berühmten Inselbeispiel, in dem diese seine Haltung von der Strafe als Akt der Vergeltung in aller Deutlichkeit zu Tage tritt: ...

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December 19, 2008 politicartoons: More Rod and Obama and the Golden Senate Seat

Of the 59 bills, two -- S.453 and S.2433 -- were placed on the Senate floor calendar. None have been voted on. * Obama has introduced 59 amendments in this session. Of the 59 amendments, 22 were passed by the Senate, either by voice ...

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Source: Political Cartoons

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