Sec. 3. Prohibition on deceptive practices in Federal elections
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Subsection
(b)of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ) is amended— by striking No person and inserting the following: No person ; and by inserting at the end the following new paragraphs: No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph
(B)with the intent that such information be communicated, if such person— knows such information to be materially false; and has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). Information is described in this subparagraph if such information is regarding— the time, place, or manner of holding any election described in paragraph (5); or the qualifications for or restrictions on voter eligibility for any such election, including— any criminal penalties associated with voting in any such election; or information regarding a voter's registration status or eligibility. No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— knows such statement to be false; and has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). materially false For purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)— the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and such person, political party, or organization has not endorsed the election of such candidate. No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate 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. . Subsection
(c)of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) ) is amended— by striking Whenever any person and inserting the following: Whenever any person ; and by adding at the end the following new paragraph: Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. . Subsection
(e)of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(e) ) is amended by striking subsection
(c)and inserting subsection (c)(1) . Subsection
(g)of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(g) ) is amended by striking subsection
(c)and inserting subsection (c)(1) . Section 594 of title 18, United States Code, is amended— by striking Whoever and inserting the following: Whoever ; in subsection (a), as inserted by subparagraph (A), by striking at any election and inserting at any general, primary, run-off, or special election ; and by adding at the end the following new subsections: It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph
(B)with the intent that such information be communicated, if such person— knows such information to be materially false; and has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). Information is described in this subparagraph if such information is regarding— the time or place of holding any election described in subsection (e); or the qualifications for or restrictions on voter eligibility for any such election, including— any criminal penalties associated with voting in any such election; or information regarding a voter's registration status or eligibility. Any person who violates paragraph
(1)shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). Any person who violates paragraph
(1)shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate 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. . Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than $100,000, imprisoned for not more than 5 years . Not later than 180 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 section 594 of title 18, United States Code, as amended by this section. The United States Sentencing Commission may 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. Subsection
(c)of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking either for registration to vote or for voting and inserting for registration to vote, for voting, or for not voting .
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