Sec. 404. Reporting violations; corrective action

533 words·~2 min read·/bill/113/hr/12/ih/section-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person may submit a report to the Attorney General regarding any violation or possible violation of section 594 or section 614 of title 18, United States Code (as added by section 401(a)). Immediately after receiving a report under subsection (a), the Attorney General shall consider and review the report, and if the Attorney General determines that there is a reasonable basis to find that a violation included in the report has occurred, the Attorney General shall— undertake all effective measures necessary to provide correct information to voters affected by the false information; and refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election involved.

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. 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. 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 subparagraph (A). 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. Not later than 90 days after any election with respect to which a report has been submitted under subsection (a), the Attorney General shall submit to Congress a report compiling all such reports submitted under subsection

(a)with respect to that election. Each report submitted under paragraph

(1)shall include— detailed information on specific allegations; statistical compilations of how many allegations were made and of what type; the geographic locations of and the populations affected by the alleged violations; the status of the investigations of such allegations; any corrective actions taken in response to such allegations; the rationale used for any corrective actions or for any refusal to pursue an allegation; the effectiveness of any such corrective actions; whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded; any referrals of information to other Federal, State, or local agencies; and any criminal prosecution instituted under title 18, United States Code, in connection with such allegations. On the date that the Attorney General submits the report under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. The Attorney General shall delegate the responsibilities under this section with respect to a particular election to a Voting Integrity Task Force established by the Attorney General for such purpose. A Voting Integrity Task Force established under paragraph

(1)shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, acting jointly.