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Washington, D.C. -- Rep. Rush Holt (NJ-12) today introduced the “Deceptive Practices and Voter Intimidation Prevention Act of 2005,” a House version of the bill offered by Senator Barack Obama (D-IL) last month. Both bills are designed to prevent voters from being denied the opportunity to vote through deception or intimidation.
“As we’ve learned from previous elections, there are still people in the country who try to prevent their fellow citizens from voting so that their party or candidate can win,” said Holt. “Both parties have an interest in making sure that the federal government has a zero tolerance policy for that kind of conduct. Passing these identical bills in the Senate and House would send a clear message: disseminating false information or intimidating others so that they will not vote is punishable by large fines and jail time. Voting is the fundamental act of a democracy, and no one should be allowed to interfere with or intimidate another citizen’s right to vote, period.”
"One of our most sacred rights as Americans is the right to make our voice heard at the polls," said Obama. "But too often, we hear reports of mysterious phone calls and mailers arriving just days before an election that seek to mislead and threaten voters to keep them from voting. And those who engage in these deceptive and underhanded campaign tactics usually target voters living in minority or low-income neighborhoods. This legislation would ensure that for the first time, these incidents are fully investigated and that those found guilty are punished."
Joining Holt as original sponsor of the bill was Representative John Lewis (D-GA).
The Deceptive Practices and Voter Intimidation Prevention Act of 2005 would establish harsh penalties for the perpetration of such deceptive acts. In particular, it would:
- Prohibit anyone from “knowingly deceiving any other person” regarding the time, place, or manner of conducting any federal election, or regarding qualifications or restrictions on eligibility to vote;
- Provide voters with a private right of action to seek relief from deceptive practices;
- Preempt the negative effects of deceptive practices by requiring the Department of Justice to provide voters with accurate election information when allegations of deceptive practices are confirmed;
- Require the Attorney General, in collaboration with the Federal Communications Commission and the Election Assistance Commission, to study the feasibility of using public service announcements, the emergency alert system, or other forms of public broadcast, to provide corrective election information;
- Require the Attorney General, after each federal election, to report on the allegations of deceptive practices, the actions taken to correct deceptive practices, and any prosecutions resulting from allegations of deceptive practices; and
- Provide a criminal penalty for engaging in deceptive practices, with penalties of up to $100,000 or one year imprisonment or both.
Holt called for swift passage of both bills by Congress.
“Voter intimidation and deception undermines the very foundation of our democracy,” said Holt. “We need to end it once and for all, and I call upon the leadership of both houses of Congress to put these bills on the legislative fast-track so they will be the law of the land in time for the 2006 elections.”
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