[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2912 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2912
To prohibit deceptive practices in Federal elections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Ms. Alsobrooks (for herself, Mr. Schiff, Mr. Blumenthal, Mr. Padilla,
Ms. Hirono, Mr. Van Hollen, Ms. Cantwell, Mr. Merkley, and Mrs.
Gillibrand) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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 2025''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote by casting a ballot for one's
preferred candidate is a fundamental right accorded to United
States citizens by the Constitution, and the unimpeded exercise
of this right is essential to the functioning of our democracy.
(2) Historically, certain citizens, especially racial,
ethnic, and language minorities, were prevented from voting
because of significant barriers such as literacy tests, poll
taxes, and property ownership requirements.
(3) Some of these barriers were removed by the 15th, 19th,
and 24th Amendments to the Constitution.
(4) Despite the elimination of some of these barriers to
the polls, the integrity of today's elections is threatened by
newer tactics aimed at suppressing voter turnout. These tactics
include ``deceptive practices'', which involve the
dissemination of false or misleading information intended to
prevent voters from casting their ballots, prevent voters from
voting for the candidate of their choice, intimidate the
electorate, and undermine the integrity of the electoral
process.
(5) Furthermore, since the decision in Shelby County v.
Holder in which the Supreme Court struck down the coverage
formula used by the Voting Rights Act of 1965 to determine
which States with a history of racial discrimination must
affirmatively receive government permission before changing
local voting laws, there have been Federal court decisions
finding or affirming that States or localities intentionally
discriminated against African Americans and other voters of
color.
(6) Denials of the right to vote, and deceptive practices
designed to prevent members of racial, ethnic, and language
minorities from exercising that right, are an outgrowth of
discriminatory history, including slavery. Measures to combat
denials of that right are a legitimate exercise of
congressional power under article I, section 4 and article II,
section 1 of, and the 14th and 15th Amendments to, the United
States Constitution.
(7) For the last few decades, there have been a number of
instances of deceptive or intimidating practices aimed towards
suppressing minority access to the voting booth that
demonstrates the need for strengthened protections.
(8) In addition, in at least one instance in 1990,
thousands of voters reportedly received postcards providing
false information about voter eligibility and warnings about
criminal penalties for voter fraud. Most of the voters who
received the postcards were African American.
(9) During the 2004 elections, Native American voters in
South Dakota reported being required to provide photographic
identification in order to vote, despite the fact that neither
State nor Federal law required such identification.
(10) In the 2006 midterm elections, thousands of Latino
voters received mailings warning them in Spanish that voting in
a Federal election as an immigrant could result in
incarceration--despite the fact that any immigrant who is a
naturalized citizen of the United States has the same right to
vote as any other citizen.
(11) In 2008, fliers were distributed in predominantly
African American neighborhoods falsely warning that people with
outstanding warrants or unpaid parking tickets could be
arrested if they showed up at the polls on election day. In the
same year, there were reports of people receiving text messages
on election day asking them to wait until the following day to
vote.
(12) In 2012, there were reports of voters receiving calls
falsely informing them that they could vote via telephone.
(13) On January 6, 2017, the Office of the Director of
National Intelligence published a report titled ``Assessing
Russian Activities and Intentions in Recent U.S. Elections'',
noting that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the U.S. Presidential
election.''. Moscow's influence campaign followed a Russian
messaging strategy that blends covert intelligence operation--
such as cyber activity--with overt efforts by Russian
Government agencies, State-funded media, third-party
intermediaries, and paid social media users or ``trolls''.
These influence operations included messaging that targeted
African American voters with misinformation.
(14) On April 18, 2019, Special Counsel Robert Mueller
released a report titled ``Report on the Investigation into
Russian Interference in the 2016 Presidential Election'', which
concluded that ``the Russian government interfered in the 2016
presidential election in sweeping and systematic fashion.''.
The report details that Russia interfered in the 2016
Presidential election principally through two operations:
first, through a Russian government sponsored social media
influence campaign, and second, by Russian intelligence
``computer-intrusion'' operations against those associated with
both Presidential campaigns. The Mueller Report details how
Russian agents intentionally targeted Black social justice
groups and created fake accounts purporting to represent Black
social justice groups in order to spread disinformation and sow
division.
(15) Social media makes the mass dissemination of
misleading information easy and allows perpetrators to target
particular audiences with precision. One analysis documented
hundreds of messages on Facebook and Twitter designed to
discourage or prevent people from voting in the 2018 election.
In 2016, these false statements were extremely prevalent with
both domestic and foreign actors. Russian operatives engaged in
a concerted disinformation and propaganda campaign over the
internet that aimed, in part, to suppress voter turnout,
especially among Black voters. These efforts by the Russian
Government continued and became more aggressive in the 2020
election cycle.
(16) In 2023, Douglass Mackey was convicted for his role in
the conspiracy to interfere with potential voters' right to
vote in the 2016 Presidential election, in violation of section
241 of title 18, United States Code. The Department of Justice
alleged that Mackey conspired with other influential Twitter
users and with members of private online groups to use social
media platforms, including Twitter, to disseminate fraudulent
messages that encouraged supporters of Presidential candidate
Hillary Clinton to ``vote'' via text message or social media.
However, in 2025, the U.S. Court of Appeals for the Second
Circuit reversed Mackey's conviction on the ground that
prosecutors had not proven that his deceptive conduct was part
of a conspiracy. This ruling underscores the need for Congress
to update the law to more effectively protect against voter
suppression through deceptive practices, regardless of whether
it is accomplished through a conspiracy or by one bad actor
alone.
(17) During the 2020 Presidential election, Texas voters
received robocalls stating that the Democratic primary would be
taking place after its actual date. In the same year,
communities of color in Michigan, Pennsylvania, Ohio, Illinois,
and New York were targeted by robocalls sharing false
information about how their data would be shared if they voted
by mail. Widespread disinformation was targeted at Latino
communities in Florida and other States, particularly through
social media.
(18) During the 2020 Presidential election, voters in some
precincts faced voter intimidation during early voting and on
election day. The Election Protection hotline received nearly
32,000 calls on election day. Reports from the Voting Rights
Defender and Prepared to Vote project teams and the NAACP Legal
Defense and Educational Fund, Inc., showed that minority voters
were disproportionately impacted by voter intimidation.
Incidents included 3,000,000 robocalls telling people to stay
home on election day and armed people at polling sites on
election day in Florida, North Carolina, and Louisiana.
Additionally, election officials, volunteers, and electors
faced unprecedented intimidation including doxxing, death
threats, and other intimidating communication.
(19) Those responsible for these and similar efforts should
be held accountable, and civil and criminal penalties should be
available to punish anyone who seeks to keep voters away from
the polls by providing false information.
(20) Moreover, the Federal Government should help correct
such false information in order to assist voters in exercising
their right to vote without confusion and to preserve the
integrity of the electoral process.
(21) The Federal Government has a compelling interest in
``protecting voters from confusion and undue influence'' and in
``preserving the integrity of its election process''. Burson v.
Freeman, 504 U.S. 191, 199 (1992).
(22) The First Amendment does not preclude the regulation
of some intentionally false speech, even if it is political in
nature. As the Supreme Court of the United States has
recognized, ``[t]hat speech is used as a tool for political
ends does not automatically bring it under the protective
mantle of the Constitution. For the use of the known lie as a
tool is at once at odds with the premises of democratic
government and with the orderly manner in which economic,
social, or political change is to be effected. . . . Hence the
knowingly false statement and the false statement made with
reckless disregard of the truth, do not enjoy constitutional
protection.''. Garrison v. Louisiana, 379 U.S. 64, 75 (1964).
SEC. 3. PROHIBITION ON DECEPTIVE COMMUNICATIONS REGARDING FEDERAL
ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by adding at the end the following new paragraphs:
``(2) Prohibition on deceptive communications regarding
federal elections.--
``(A) False statements.--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--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (4).
``(B) Use of generative artificial intelligence.--
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--
``(i) has the intent to use the system to
produce false information; and
``(ii) 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).
``(C) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (4); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) Hindering, interfering with, or preventing voting or
registering to vote.--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.
``(4) Election described.--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.
``(5) Definitions.--
``(A) Artificial intelligence.--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).
``(B) Generative artificial intelligence.--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.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Civil action.--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.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever intimidates'' and
inserting ``(a) In General.--Whoever intimidates'';
(B) by striking ``at any election'' and inserting
``at any general, primary, runoff, or special
election''; and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--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--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in subsection
(d).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (d); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1 year,
or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--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).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1 year,
or both.
``(d) Election Described.--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.''.
(2) Sentencing guidelines.--
(A) Review and amendment.--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.
(B) Authorization.--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.
(3) Payments for refraining from voting.--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''.
SEC. 4. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of section 2004(b)(2) of the
Revised Statutes (52 U.S.C. 10101(b)(2)), as added by section
3(a), and if the Attorney General determines that State and
local election officials have not taken adequate steps to
promptly communicate accurate information to correct the
materially false information, the Attorney General shall,
pursuant to the written procedures and standards under
subsection (b), communicate to the public, by any means,
including by means of written, electronic, or telephonic
communications, accurate information designed to correct the
materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this subtitle.
SEC. 5. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added
by section 3(a), relating to the general election for Federal office
and any primary, runoff, or a special election for Federal office held
in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 3(b), in connection
with an allegation described in subparagraph (A); and
(F) a description of any criminal prosecution
instituted under subsection (b) or (c) of section 594
of title 18, United States Code, as amended by section
3(c), in connection with the receipt of an allegation
described in subparagraph (A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
SEC. 6. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.
Subsection (c)(2) of section 2004 of the Revised Statutes (52
U.S.C. 10101(b)), as added by section 3(b), is amended--
(1) by striking ``Any person'' and inserting the following:
``(A) In general.--Any person''; and
(2) by adding at the end the following new subparagraph:
``(B) Intimidation, etc.--
``(i) In general.--A person aggrieved by a
violation of subsection (b)(1) shall include,
without limitation, an officer responsible for
maintaining order and preventing intimidation,
threats, or coercion in or around a location at
which voters may cast their votes.
``(ii) Corrective action.--If the Attorney
General receives a credible report that conduct
that violates or would be reasonably likely to
violate subsection (b)(1) has occurred or is
likely to occur, and if the Attorney General
determines that State and local officials have
not taken adequate steps to promptly
communicate that such conduct would violate
subsection (b)(1) or applicable State or local
laws, the Attorney General shall communicate to
the public, by any means, including by means of
written, electronic, or telephonic
communications, accurate information designed
to convey the unlawfulness of proscribed
conduct under subsection (b)(1) and the
responsibilities of and resources available to
State and local officials to prevent or correct
such violations.''.
SEC. 7. MAKING INTIMIDATION OF TABULATION, CANVASS, AND CERTIFICATION
EFFORTS A CRIME.
Section 12(1) of the National Voter Registration Act (52 U.S.C.
20511) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or
tabulating, canvassing, or certifying voting results;
or''.
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