119-s2912

[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''.
 <all>