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Congress Passes The Deceptive Practices And Voter Intimidation Prevention Act Of 2007

June 24, 2007

Washington, DC -- Today the U.S. House of Representatives passed H.R. 1281, the Deceptive Practices and Voter Intimidation Prevention Act of 2007. Congressman Steve Cohen, co-sponsor of the bill, stated, "This bill protects every American citizen’s right to vote by making voter deception a crime. There is no more sacred right of American citizens than to participate in the democratic process of electing their governmental representatives. It is a right which must be vigorously protected against those who would abuse it for their own nefarious purposes."

Cohen continued, "It is unfortunate that there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What’s worse is that these practices often target and exploit vulnerable populations – such as minorities, people with disabilities, and the poor. This bill is simply designed to protect the right to vote by making voter deception a federal crime."

In the last federal election, examples of voter deception or intimidation were many. For example, voters witnessed dirty tricks such as flyers with the wrong date to vote posted in minority communities. In Virginia, voters received calls from a so-called "Virginia Elections Commission" informing them falsely that they were ineligible to vote. In Maryland, flyers were handed out on Election Day in minority communities that gave the impression that Republican candidates for office were Democratic candidates. Such dirty tricks are not new. In 2002, flyers were distributed in public housing complexes in Louisiana, telling people that they could cast their votes three days after Election Day if the weather was bad.

Under current law, it is not a crime to attempt to deceive or mislead voters regarding elections, candidates or voting procedures. H.R. 1281 establishes a new federal crime for knowingly communicating false information about a federal election with the intent to prevent others from voting. The bill covers the key information most critical for reaching the polls – facts like where, when and how you can vote; whether you are eligible to vote; and whether an organization has actually endorsed a candidate. The bill sets a penalty of up to five years in prison and fines of up to $250,000 for anyone convicted of voter deception.

The Deceptive Practices and Voter Intimidation Prevention Act of 2007 also increases the penalty for voter intimidation, which is already a crime under current law. This bill increases the maximum penalty for voter intimidation from one year to five years in prison.

Further, H.R. 1281 directs the Attorney General to immediately respond to any reports of false election information, and to take steps to provide correct information to affected voters. The Attorney General would also have to convey reports of deceptive voter information to appropriate federal and state authorities and to the Civil Rights Division in the Justice Department. In addition, the bill directs the Attorney General to create a Voting Integrity Task Force to oversee these actions.

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Contact:

Marilyn Dillihay, Press Secretary, Congressman Cohen (202) 225-3265