Statements On Introduced Bills And Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - January 31, 2007)

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Mr. SCHUMER. Mr. President, I rise today to join with Senator Obama in introducing landmark legislation to protect the most sacred right of our democracy: the right to vote. The Obama-Schumer Deceptive Practices and Voter Intimidation Prevention Act of 2007 will end the deceptive practices that have become far too common in recent elections.

At the outset, I want to commend my colleague from Illinois, Senator Obama, for his leadership on this important issue. It has been a great pleasure to work with him to draft this bill. I am also proud that we are joined by Senators Leahy, Cardin, Feingold, Kerry, Feinstein, and Clinton as original cosponsors of this legislation.

We all know that there is an urgent need for this legislation. The right to vote is the wellspring of our democracy. Yet Americans have been profoundly shocked and disgusted in recent elections to see so many cynical attempts to lie to voters in order to keep them from casting their ballots.

Let me give just a few examples. In last year's mid-term election, letters in Spanish were sent to voters in Orange County, CA, stating that it is a crime for an immigrant to vote. In fact, immigrants who are naturalized citizens have the right to vote just as any other American citizen does.

In 2006, as well, fliers were handed out on election day in Maryland that gave the impression that top Republican candidates for office were Democratic candidates and were endorsed by prominent African Americans. These fliers were a clear and deliberate attempt to mislead voters.

In Virginia, registered voters received recorded calls that falsely stated that the recipient of the call was registered in another State and would face criminal charges if they came to the polls.

These dirty tricks are not new. In 2002, fliers were distributed in public housing complexes in Louisiana, telling people that they could cast their votes 3 days after election day if the weather was bad.

These schemes insult the intelligence of those they target, and they insult our democracy. Yet they actually seem to be growing more common. The shameful reality is that today, Federal law does not prohibit wrongdoers from spreading these lies.

It is high time for Congress to do something about this disgraceful state of affairs. The Obama-Schumer bill creates a new offense of voter deception. Under our legislation, anyone who intentionally lies to voters about certain key information will now face both civil penalties and criminal punishment of up to 5 years in prison or a $100,000 fine.

The Obama-Schumer bill covers the facts that are most critical for reaching the polls--facts like where, when, and how you can vote; whether you are eligible to vote; or whether an organization has actually endorsed a candidate. When voters are being misled about these core facts, the right to vote is nothing more than a hollow promise. It is a real threat to the right to vote when criminal elements are deliberately lying about something as basic--yet as important--as the date of the election. These types of lies are the poll taxes of today. They are being used to build a barrier around polling places and to disenfranchise voters in the most cynical and destructive way.

Even when misinformation campaigns are not successful, because voters are too smart and too determined to reach the polls, these deceptive practices make a mockery out of the great tradition of American democracy. These despicable attempts have gone unpunished for far too long. The Obama-Schumer bill provides strong penalties to deter and punish the offense of voter deception.

The Obama-Schumer bill will also increase the maximum penalty for voter intimidation from 1 year to 5 years in prison. Someone who tries to keep voters away from the polls with threats should not be released with a slap on the wrist, and our bill will create real penalties for this crime.

Finally, our legislation also ensures that lies do not go unanswered and pass for truth. Under the Obama-Schumer bill, the Department of Justice will be responsible for getting the correct information out to voters so that they can get to the polls and cast their vote without undue confusion.

As a check on whether elections are being tainted by these practices, after each election, the Attorney General will have to report to Congress about allegations of voter deception and how they were handled. We want to make sure that the Department of Justice uses the new tools that would be provided under this bill. The Attorney General's reports will give us a foundation for vigorous oversight.

Let me also be clear about what this legislation does not do. Senator Obama and I have taken great care to craft a bill that will not run afoul of the first amendment or prevent Americans from expressing their political opinions. Our bill strikes a balance between the need for political debate and the fundamental right to vote. It is narrowly tailored: it applies only to activities within 60 days prior to an election, and it covers only the key facts that voters need to reach the polls and cast their votes without interference. This bill will not limit legitimate debate, and it will not punish honest mistakes. It is clear from the dirty tricks that America has witnessed in recent elections that the Congress has a compelling interest in protecting the right to vote by regulating false speech that disenfranchises voters. We have a responsibility to act on that interest for the sake of all Americans.

The Obama-Schumer Deceptive Practices and Voter Intimidation Prevention Act of 2007 will finally criminalize efforts to keep voters away from the polls with deliberate lies. I hope and trust that the Congress will take up our bill and pass it without delay.

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