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Obama-Schumer Bill Proposal Would Criminalize Voter Intimidation

Published: January 31, 2007

Democratic presidential contender Barack Obama of Illinois and the party’s Senate re-election chairman, Charles E. Schumer of New York, introduced legislation Wednesday designed to punish attempts to deceive and intimidate voters.

Their bill is a response to civil rights groups’ complaints of attempts to mislead voters in predominantly minority neighborhoods. Since 2000, civil rights groups have documented cases of voters receiving calls and fliers with false information about the location of polling places and endorsements, or that warned their voting could result in imprisonment of immigrants.

The unnumbered legislation would punish deceptive practices, including knowingly communicating false information about the time and place of an election or about voter eligibility rules, with criminal penalties of up to $100,000 in fines and/or five years’ imprisonment.

Schumer described such attempts at deception as “putting a dagger in the heart of democracy.”

“My hope is this bill will stop these practices in time for the next election,” said Obama, who has announced plans to explore a White House bid in 2008.

Joining Obama and Schumer at news conference Wednesday about the bill were leaders of the NAACP; the Lawyers’ Committee for Civil Rights Under Law; the liberal People for the American Way; and Sen. Benjamin L. Cardin, D-Md., who has complained about attempts to deceive minority voters in the runup to his election in November 2006. A pamphlet featuring photos of prominent Maryland African American Democrats falsely implied they were endorsing GOP candidates in the election.

“It is a clear effort to confuse African American voters,” Cardin said.

But what the trio of Democrats lacked at their news conference were any Republican supporters. Since the disputed 2000 presidential election, the two political parties have traded charges about voting. Democrats have pointed to efforts to suppress minority votes using deception or intimidation. Republicans have focused on voter fraud by people not qualified to vote.

“To the extent this is focused on issues Democrats care about and does nothing about concerns about voter fraud . . . then I don’t know if you’re going to get Republican support,” said Richard L. Hasen, a professor at Loyola Law School in Los Angeles.

Hasen said the section of the legislation most likely to be subject to legal challenges would allow private parties, rather than just the Justice Department, to bring suits in court in order to block deceptive practices during an election campaign.

That advance prohibition could be challenged as a possible prior restraint on free speech. However, Hasen, who consulted with Obama’s staff about the bill, said courts have approved such restrictions on knowingly false information in other contexts.

© 2006 Congressional Quarterly

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