John Kerry Says Voting Rights Act a Good First Step, America Must Do More

Mr. President, all over the world, the United States has always stood out as the great exporter of democratic values – in the Philippines where we stood up against the undemocratic regime of Marcos and stood for free elections; in South Africa, where we fought for years to break the back of apartheid and empower all citizens to vote; most recently in Afghanistan and Iraq where we rejoiced as many voted for the first time in their lives; and in the Ukraine where the world turned to the United States to monitor elections and ensure that the right to vote was protected.

Yet our attempts to spread freedom around the world can only be successful if our democracy works here at home.

DECEPTIVE PRACTICES AND VOTER INTIMIDATION PREVENTION -- (Senate - November 10, 2005)
GPO's PDF

--- Mr. KERRY. Mr. President, I proudly join as a cosponsor of Senator Obama's Deceptive Practices and Voter Intimidation Prevention Act of 2005. This important legislation will protect voters from the deceptive practices that aimed to keep them from the polls on election day.

Free and fair elections are the foundation of our democracy--a democracy built on the unassailable principle that every single American should have an equal say in their government. No American should ever approach their polling place in fear. No American should ever worry that they will somehow be penalized for exercising their fundamental right to vote . No American should ever be tricked into thinking they do not have the right to vote .

The Deceptive Practices and Voter Intimidation Prevent Act takes great strides towards ensuring that no American will ever be denied the right to vote . It both criminalizes deceptive practices and provides affected individuals with a private right of action. It prevents the negative effects of deceptive practices by ensuring voters get accurate election information. It also requires the Attorney General to report allegations of deceptive practices, the actions taken to correct them, and any prosecutions resulting from those allegations.

We have worked hard to bring fair and free elections to people around the word-including the people of Iraq and Afghanistan. We must do everything in our power to ensure that our own elections are at least as fair and as free.

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbn...



S.1975
Title: A bill to prohibit deceptive practices in Federal elections.
Sponsor: Sen Obama, Barack (introduced 11/8/2005) Cosponsors (4)
Related Bills: H.R.4463
Latest Major Action: 11/8/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on Rules and Administration.
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COSPONSORS(4), ALPHABETICAL : (Sort: by date)
Sen Clinton, Hillary Rodham - 12/12/2005
Sen Feingold, Russell D. - 12/12/2005
Sen Kerry, John F. - 11/10/2005
Sen Leahy, Patrick J. - 12/12/2005

Deceptive Practices and Voter Intimidation Prevention Act of 2005

(Introduced in Senate)

S. 1975 IS

109th CONGRESS

1st Session

S. 1975

To prohibit deceptive practices in Federal elections.

IN THE SENATE OF THE UNITED STATES

November 8, 2005

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL

To prohibit deceptive practices in Federal elections.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Deceptive Practices and Voter Intimidation Prevention Act of 2005'.

SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.

(a) Civil Action-

(1) IN GENERAL- Subsection (b) of section 2004 of the Revised Statutes (42 U.S.C. 1971(b)) is amended--

(A) by striking `No person' and inserting the following:

`(1) No person'; and

(B) by inserting at the end the following new paragraph:

`(2) No person, whether acting under color of law or otherwise, shall knowingly deceive any other person regarding--

`(A) the time, place, or manner of conducting a 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; or

`(B) the qualifications for or restrictions on voter eligibility for any election described in subparagraph (A).'.

(2) PRIVATE RIGHT OF ACTION-

(A) IN GENERAL- Subsection (c) of section 2004 of the Revised Statutes (42 U.S.C. 1971(c)) is amended--

(i) by striking `Whenever any person' and inserting the following:

`(1) Whenever any person'; and

(ii) by adding at the end the following new paragraph:

`(2) Any person aggrieved by a violation of subsection (b)(2) may institute a civil action or other proper proceeding for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order.'.

(B) CONFORMING AMENDMENTS-

(i) Subsection (e) of section 2004 of the Revised Statutes (42 U.S.C. 1971(e)) is amended by striking `subsection (c)' and inserting `subsection (c)(1)'.

(ii) Subsection (g) of section 2004 of the Revised Statutes (42 U.S.C. 1971(g)) is amended by striking `subsection (c)' and inserting `subsection (c)(1)'.

(b) Criminal Penalty- Section 594 of title 18, United States Code, is amended--

(1) by striking `Whoever' and inserting the following:

`(a) Intimidation- Whoever'; and

(2) by adding at the end the following:

`(b) Deceptive Acts-

`(1) PROHIBITION-

`(A) IN GENERAL- It shall be unlawful for any person to knowingly deceive another person regarding the time, place, or manner of an election described in subparagraph (B), or the qualifications for or restrictions on voter eligibility for any such election, with the intent to prevent such person from exercising the right to vote in such election.

`(B) ELECTION- An election described in this subparagraph is 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, Delegate of the District of Columbia, or Resident Commissioner.

`(2) PENALTY- Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned not more than 1 year, or both.'.

(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 3. REPORTING FALSE ELECTION INFORMATION.

(a) In General- Any person may report to the Assistant Attorney General of the Civil Rights Division of the Department of Justice, or the designee of such Assistant Attorney General, any act of deception regarding--

(1) the time, place, or manner of conducting a general, primary, run-off, or special election for Federal office; or

(2) the qualifications for or restrictions on voter eligibility for any general, primary, run-off, or special election for Federal office.

(b) Corrective Action-

(1) IN GENERAL- Except as provided in paragraph (2), not later than 48 hours after receiving a report under subsection (a), the Assistant Attorney General shall investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall--

(A) undertake all effective measures necessary to provide correct information to voters affected by the deception, and

(B) refer the matter to the appropriate Federal and State authorities for criminal prosecution.

(2) REPORTS WITHIN 72 HOURS OF AN ELECTION- If a report under subsection (a) is received within 72 hours before the election described in such subsection, the Assistant Attorney General shall immediately investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception.

(3) REGULATIONS-

(A) IN GENERAL- The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraphs (1) and (2). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations.

(B) STUDY-

(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 paragraphs (1) and (2) through public service announcements, the emergency alert system, or other forms of public broadcast.

(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).

(c) Reports to Congress-

(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 the appropriate committees of Congress a report compiling and detailing any allegations of deceptive practices submitted pursuant to subsection (a) and relating to such election.

(2) CONTENTS-

(A) IN GENERAL- Each report submitted under paragraph (1) shall include--

(i) detailed information on specific allegations of deceptive tactics;

(ii) any corrective actions taken in response to such allegations;

(iii) the effectiveness of any such corrective actions;

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

(v) statistical compilations of how many allegations were made and of what type;

(vi) the geographic locations of and the populations affected by the alleged deceptive information; and

(vii) the status of the investigations of such allegations.

(B) EXCEPTION- The Attorney General may withhold any information that the Attorney General determines would unduly interfere with an on-going investigation.

(3) REPORT MADE PUBLIC- The Attorney General shall make the report required under paragraph (1) publicly available through the Internet and other appropriate means.

(d) 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.

(e) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section.

S.450
Title: A bill to amend the Help America Vote Act of 2002 to require a voter-verified paper record, to improve provisional balloting, to impose additional requirements under such Act, and for other purposes.
Sponsor: Sen Clinton, Hillary Rodham (introduced 2/17/2005) Cosponsors (6)
Related Bills: H.R.939
Latest Major Action: 2/17/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on Rules and Administration. COSPONSORS(6), ALPHABETICAL : (Sort: by date)


Sen Boxer, Barbara - 2/17/2005
Sen Dayton, Mark - 3/7/2005
Sen Kerry, John F. - 2/17/2005
Sen Lautenberg, Frank R. - 2/17/2005
Sen Leahy, Patrick J. - 3/1/2005
Sen Mikulski, Barbara A. - 2/17/2005

S.450

Count Every Vote Act of 2005

(Introduced in Senate)
Beginning
February 17, 2005

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

Sec. 1. Short title; table of contents.

Sec. 104. Voter verification and audit capacity funding.

TITLE I--VOTER VERIFICATION AND AUDITING

SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH PRESERVATION OF A VOTER-VERIFIED PAPER RECORD OR HARD COPY.

SEC. 102. REQUIREMENT FOR MANDATORY RECOUNTS.

SEC. 103. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES.

SEC. 104. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

`PART 7--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING

`SEC. 297. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

`SEC. 298. APPROPRIATION.

SEC. 105. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

`SEC. 248. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS.

TITLE II--PROVISIONAL BALLOTS

SEC. 201. REQUIREMENTS FOR CASTING AND COUNTING PROVISIONAL BALLOTS.

TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 2002
Subtitle A--Shortening Voter Wait Times

SEC. 301. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION RESOURCES.

`Subtitle C--Additional Requirements

`SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

`Subtitle E--Guidance and Standards

`SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

SEC. 302. REQUIREMENTS FOR JURISDICTIONS WITH SUBSTANTIAL VOTER WAIT TIMES.

`TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES

`SEC. 1001. REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES.

Subtitle B--No-Excuse Absentee Voting

SEC. 311. NO-EXCUSE ABSENTEE VOTING.

`SEC. 322. NO-EXCUSE ABSENTEE VOTING.

Subtitle C--Collection and Dissemination of Election Data

SEC. 321. DATA COLLECTION.

`SEC. 323. PUBLIC REPORTS ON FEDERAL ELECTIONS.

Subtitle D--Ensuring Well Run Elections

SEC. 331. TRAINING OF ELECTION OFFICIALS.

`SEC. 324. TRAINING OF ELECTION OFFICIALS.

SEC. 332. IMPARTIAL ADMINISTRATION OF ELECTIONS.

`SEC. 325. ELECTION ADMINISTRATION REQUIREMENTS.

Subtitle E--Standards for Purging Voters

SEC. 341. STANDARDS FOR PURGING VOTERS.

`SEC. 326. REMOVAL FROM VOTER REGISTRATION LIST.

Subtitle F--Election Day Registration and Early Voting

SEC. 351. ELECTION DAY REGISTRATION.

`SEC. 327. ELECTION DAY REGISTRATION.

`SEC. 299A. ELECTION DAY REGISTRATION FORM.

SEC. 352. EARLY VOTING.

`SEC. 328. EARLY VOTING.

`SEC. 299B. STANDARDS FOR EARLY VOTING.

TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

SEC. 401. VOTER REGISTRATION.

`SEC. 329. PROCESSING OF REGISTRATION APPLICATIONS.

`SEC. 299C. STANDARDS FOR MATERIAL OMISSION FROM REGISTRATION FORMS.

`SEC. 249. STUDY ON INTERNET REGISTRATION AND OTHER USES OF THE INTERNET IN FEDERAL ELECTIONS.

SEC. 402. ESTABLISHING VOTER IDENTIFICATION.

`SEC. 299D. VOTER IDENTIFICATION.

`PART 8--PHOTO IDENTIFICATION

`SEC. 298A. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

`SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

SEC. 403. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL SECURITY OF VOTER REGISTRATION LISTS.

TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.

`CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS AND VOTING SYSTEM MANUFACTURERS
TITLE VI--ENDING DECEPTIVE PRACTICES

SEC. 601. ENDING DECEPTIVE PRACTICES.

TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

SEC. 701. VOTING RIGHTS OF INDIVIDUALS CONVICTED OF CRIMINAL OFFENSES.

`SEC. 330. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

TITLE VIII--FEDERAL ELECTION DAY ACT

SEC. 801. SHORT TITLE.

SEC. 802. FEDERAL ELECTION DAY AS A PUBLIC HOLIDAY.

SEC. 803. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES TO SERVE AS POLL WORKERS.

`SEC. 250. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES TO SERVE AS POLL WORKERS.

TITLE IX--TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS

SEC. 901. TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS.

TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

SEC. 1001. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

`SEC. 209. SUBMISSION OF BUDGET REQUESTS.

`SEC. 299E. TECHNICAL SUPPORT.

SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.