Deceptive Practices and Voter Intimidation Prevention Act of 2025

SUMMARY

Deceptive Practices and Voter Intimidation Prevention Act of 2025

This bill generally prohibits deceptive communications and voter interference regarding federal elections.

Specifically, the bill prohibits any person, within 60 days before a federal election, from communicating, causing to be communicated, or producing for communication certain information on voting, if the person (1) knows such information to be materially false, and (2) has the intent to impede or prevent another person from voting in an election.

Additionally, the bill prohibits any person, within 60 days before a federal election, from using an artificial intelligence system to produce certain information on voting, if the person has the intent to use the system to (1) produce false information, and (2) impede or prevent another person from voting in an election.

The bill also prohibits hindering, interfering with, or preventing voting or registering to vote.

A private right of action for preventive relief is established for persons aggrieved by violations of these prohibitions.

Criminal penalties are also established for violations.

If the Department of Justice (DOJ) receives a credible report that materially false information has been or is being communicated in violation of the prohibitions on deceptive communications, and state and local election officials have not adequately communicated corrected information, then DOJ must communicate to the public accurate information designed to correct the materially false information.

The bill extends the prohibition on certain types of intimidation in federal elections to also prohibit intimidation for processing ballots or tabulating, canvassing, or certifying votes.

FULL TEXT

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 2912 Introduced in Senate (IS)]

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,

This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2025''.

Congress makes the following findings:

States citizens by the Constitution, and the unimpeded exercise of this right is essential to the functioning of our democracy.

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.

States Constitution.

State nor Federal law required such identification.

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.

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 operationsuch 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.

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.

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.

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.

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.

Freeman, 504 U.S. 191, 199 (1992).

(a) Prohibition.--Subsection (b) of section 2004 of the Revised

Statutes (52 U.S.C. 10101(b)) is amended--

``(1) In general.--No person''; and

``(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.--

(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.''.

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.--

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.''.

(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.

is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''.

(a) Corrective Action.--

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.

(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.--

(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.

(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.--

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.

(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.

Subsection (c)(2) of section 2004 of the Revised Statutes (52

U.S.C. 10101(b)), as added by section 3(b), is amended--

``(A) In general.--Any person''; and

``(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.''.

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>