HR 97 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to prohibit certain deceptive practices in Federal elections, and for other purposes.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. CONYERS (for himself, Mr. NADLER of New York, Ms. ZOE LOFGREN of California, Mr. SCOTT of Virginia, Ms. JACKSON-LEE of Texas, Mr. DELAHUNT, Mr. WEXLER, Mr. ELLISON, Mr. COHEN, Mr. JOHNSON of Georgia, Mr. VAN HOLLEN, Mr. LEWIS of Georgia, Ms. NORTON, Mr. PAYNE, Mrs. MALONEY, and Mr. SCHIFF) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to prohibit certain deceptive practices in Federal elections, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Deceptive Practices and Voter Intimidation Prevention Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

(a) In General- Chapter 29 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 618. Deceptive practices in Federal elections

‘(a) Whoever, within 60 days before a Federal election, knowingly communicates election-related information about that election, knowing that information to be false, with the intent to prevent another person from exercising the right to vote in that election, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





‘(b) As used in this section--CommentsClose CommentsPermalink





‘(1) the term ‘Federal election’ means any general, primary, run-off, or special election 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; andCommentsClose CommentsPermalink





‘(2) the term ‘election related information’ means information regarding--CommentsClose CommentsPermalink





‘(A) the time, place, or manner of conducting the election;CommentsClose CommentsPermalink





‘(B) the qualifications for or restrictions on voter eligibility for the election, including--CommentsClose CommentsPermalink





‘(i) any criminal penalties associated with voting in the election; orCommentsClose CommentsPermalink





‘(ii) information regarding a voter’s registration status or eligibility;CommentsClose CommentsPermalink





‘(C) with respect to a closed primary election, the political party affiliation of any candidate for office, if the communication of the information also contains false information described in subparagraph (A) or (B); orCommentsClose CommentsPermalink





‘(D) the explicit endorsement by any person or organization of a candidate running for any office voted on in the election.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘618. Deceptive practices in Federal elections.’.CommentsClose CommentsPermalink

SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.

Section 594 of title 18, United States Code, is amended by striking ‘one year’ and inserting ‘5 years’.CommentsClose CommentsPermalink

SEC. 4. SENTENCING GUIDELINES.

(a) Review and Amendment- Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under sections of title 18, United States Code, that are added or modified by this Act.CommentsClose CommentsPermalink





(b) Authorization- The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this section, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.CommentsClose CommentsPermalink

SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION.

(a) Reporting- Any person may report to the Attorney General any violation or possible violation of section 594 or 618 of title 18, United States Code.CommentsClose CommentsPermalink





(b) Corrective Action-CommentsClose CommentsPermalink





(1) IN GENERAL- Immediately after receiving a report under subsection (a), the Attorney General shall consider and review such report and, if the Attorney General determines that there is a reasonable basis to find that a violation has occurred, the Attorney General shall--CommentsClose CommentsPermalink





(A) undertake all effective measures necessary to provide correct information to voters affected by the false information;CommentsClose CommentsPermalink





(B) refer any matter under the jurisdiction of the Civil Rights Division of the Department of Justice to such division for prosecution; andCommentsClose CommentsPermalink





(C) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election.CommentsClose CommentsPermalink





(2) REGULATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations.CommentsClose CommentsPermalink





(B) STUDY-CommentsClose CommentsPermalink





(i) IN GENERAL- The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) PUBLICIZING REMEDIES- The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section.CommentsClose CommentsPermalink





(c) Reports to Congress-CommentsClose CommentsPermalink





(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 Congress a report compiling and detailing any allegations of false information submitted pursuant to subsection (a) and relating to such election.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) detailed information on specific allegations of deceptive tactics;CommentsClose CommentsPermalink





(B) statistical compilations of how many allegations were made and of what type;CommentsClose CommentsPermalink





(C) the geographic locations of and the populations affected by the alleged deceptive information;CommentsClose CommentsPermalink





(D) the status of the investigations of such allegations;CommentsClose CommentsPermalink





(E) any corrective actions taken in response to such allegations;CommentsClose CommentsPermalink





(F) the rationale used for any corrective actions or for any refusal to pursue an allegation;CommentsClose CommentsPermalink





(G) the effectiveness of any such corrective actions;CommentsClose CommentsPermalink





(H) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded;CommentsClose CommentsPermalink





(I) any referrals of information to other Federal, State, or local agencies;CommentsClose CommentsPermalink





(J) any suit instituted under section 2004(b)(2) of the Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with such allegations; andCommentsClose CommentsPermalink





(K) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations.CommentsClose CommentsPermalink





(3) REPORT MADE PUBLIC- On the date that the Attorney General submits the report required under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means.CommentsClose CommentsPermalink





(d) Delegation of Duties-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General shall delegate the responsibilities under this section to a Voting Integrity Task Force established under paragraph (2).CommentsClose CommentsPermalink





(2) VOTING INTEGRITY TASK FORCE-CommentsClose CommentsPermalink





(A) IN GENERAL- The Attorney General shall establish a Voting Integrity Task Force to carry out the requirements of this section with respect to any general, primary, run-off, or special election for Federal office.CommentsClose CommentsPermalink





(B) COMPOSITION- Any Voting Integrity Task Force established under this paragraph shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, jointly.CommentsClose CommentsPermalink





(e) 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 Commissioner from a territory or possession of the United States.CommentsClose CommentsPermalink