Sec. 3. Prohibition on deceptive communications regarding 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 adding 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 (4), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (C), or produce information described in subparagraph
(C)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 (4). No person, whether acting under color of law or otherwise, shall use an artificial intelligence system, including a generative artificial intelligence system, to produce information described in subparagraph
(C)within 60 days before an election described in paragraph
(4)if such person— has the intent to use the system to produce false information; and has the intent to use the system to impede or prevent another person from exercising the right to vote in an election described in paragraph (4). Information is described in this subparagraph if such information is regarding— the time, place, or manner of holding any election described in paragraph (4); or the qualifications for or restrictions on voter eligibility for any such election, including— any criminal, civil, or other legal 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 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 (4), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. An election described in this paragraph is any general, primary, runoff, 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. The term artificial intelligence has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401 ). The term generative artificial intelligence means the class of artificial intelligence models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This can include images, videos, audio, text, and other digital content. . 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 this section 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. . Section 2004 of the Revised Statutes ( 52 U.S.C. 10101 ) is amended— in subsection (e), by striking subsection
(c)and inserting subsection (c)(1) ; and in subsection (g), by striking subsection
(c)and inserting subsection (c)(1) . Section 594 of title 18, United States Code, is amended— by striking Whoever intimidates and inserting
(a); In general .—Whoever intimidates by striking at any election and inserting at any general, primary, runoff, 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 (d), 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 impede or prevent another person from exercising the right to vote in an election described in subsection (d). Information is described in this subparagraph if such information is regarding— the time or place of holding any election described in subsection (d); or the qualifications for or restrictions on voter eligibility for any such election, including— any criminal, civil, or other legal 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 under this title, imprisoned for not more than 1 year, 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 (d). Any person who violates paragraph
(1)shall be fined under this title, imprisoned for not more than 1 year, or both. An election described in this subsection is any general, primary, runoff, 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, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. . 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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Sec. 3
Prohibition on deceptive communications regarding Federal elections
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