TALKING POINTS
Deceptive Practices and Voter Intimidation Prevention Act
 Issues at Hand:
a. States provide methods to challenge voter eligibility.
b. Yet bad-faith challenges often target people of color, the elderly and younger voters, in order to
alter an election’s outcome.
c. The biggest problem is that intentionally misleading voters is not against the law.
 Details:

Instances of voter intimidation and confusion in the 2004 Presidential Election:
a. There were more than ten thousand reports of voter registration problems, thousands of
complaints about absentee ballots, and voting system errors, and more than a thousand
complaints of voter suppression or intimidation.
b. Voters repeatedly claimed about misinformation campaigns via fliers or calls claiming if you
already voted in an election, you may not vote in the general election, or of alternate voting
days after Election Day.
 Instances of voter intimidation and confusion in the 2008 Presidential Election:
a. Problems in the 2008 election ranged from under-trained and insufficient poll workers to
confusion over voter id requirements
b. The source of these problems were deliberate attempts to suppress and intimidate voters,
compounded by poor planning and a lack of resources
c. In Philadelphia and Milwaukee fliers were distributed claiming even an unpaid parking ticket
would render people ineligible to vote and subject to arrest at the polls.
d. In 2008, fake fliers, e-mails, and text messages directed college students to vote the day after the
election.
e. In Virginia, official-looking fliers “informed” voters that, because of projected high turnout,
Democrats should wait and vote on the day after the election.
f. In all, over 200,000 problems were reported in 2008 to the Election Protection hotline.
 Instances of voter intimidation and confusion in the 2010 Election:
a. In Missouri and Virginia, official email lists were stolen and used to spread misinformation about
voting procedures.
b. Similarly, in Ohio, fliers stated Republicans should vote the day of the election and Democrats
vote the day after.
 Instances of voter intimidation and confusion in the 2012 Election:
a. In Indiana, Florida, and Virginia, residents received phone calls in the months leading to the
election misinforming them of the ability to vote early over the phone.
b. Emails regarding straight-ticketing voting rules were circulated in several states. They left out
critical information that could potentially result in an invalid ballot.
c. Of the problems reported to Election Protection, seven percent were categorized as voter
intimidation. Throughout California, Election Protection volunteers reported verbal harassment
of Latino voters. Menacing billboards touting voter fraud as a felony appeared in predominately
African-American and Latino communities in Ohio and Wisconsin.

What is the Deceptive Practices and Voter Intimidation Prevention Act?
a. The bill was originally introduced in the Senate by then Senator Barack Obama in 2007, and last
introduced by Senators Schumer and Cardin in 2011 and Congressman Conyers in the House.
Components of the bill are currently included in the Voter Empowerment Act (H.R. 12/S. 123)
introduced by Congressman John Lewis and Senator Kirsten Gillibrand.
b. The bill will protect voters by providing a clear definition of a “deceptive practice” allowing
courts to consistently enforce laws. It also implements criminal penalties for perpetrators of
deceptive practices. This will deter future acts of intimidation or misleading as well as ensure
that perpetrators face real consequences.
c. This bill will raise state awareness by requiring investigation and monitoring of deceptive
practices. Using this information, states may implement strategic prevention plans to combat
and eliminate future occurrences. It also authorized the Attorney General to take immediate
corrective action when state and local election officials fail to do so.

How is the Lawyers’ Committee leading on this issue
a. The Lawyers’ Committee for Civil Rights Under Law is leading the Election Protection
Commission, a coalition of civil rights organizations devoted to educating and protecting all
eligible voters.
For additional information, contact the Tanya Clay House, Public Policy Director at 202-662-8600 or at
[email protected].
(Updated February 7, 2014)