Proposed Bill: Federal Election Integrity Accountability Act
Section 1: Short Title
This Act may be cited as the “Federal Election Integrity Accountability Act.”
Section 2: Findings and Purpose
(a) Findings:
1. Free and fair elections are the cornerstone of democracy in the United States.
2. Election interference undermines public confidence in the electoral process and can subvert the will of the people.
3. Elected and appointed federal officials possess significant influence over elections, and any interference or manipulation by such officials constitutes a serious breach of public trust.
4. Officials with access to classified information hold a unique responsibility to act in accordance with the truth, and the deliberate dissemination of misinformation or disinformation by such officials poses a particular threat to democratic processes.
5. Current laws do not adequately hold federal elected and appointed officials accountable for election interference or the willful spread of false information, particularly when such actions contradict known classified facts.
(b) Purpose:
To establish criminal and civil liability for federal elected and appointed officials who engage in, attempt, or conspire to engage in election interference, including the deliberate spread of misinformation while knowingly in possession of classified information that contradicts such claims. This Act aims to safeguard the integrity of U.S. elections and maintain public trust in government processes.
Section 3: Definitions
For the purposes of this Act:
1. Election interference includes but is not limited to any act that:
• Intimidates or coerces voters to vote in a particular manner or refrain from voting.
• Tampering with voting systems, ballots, or election results.
• Engaging in disinformation campaigns designed to undermine election processes or candidates.
• Abusing official powers to influence the outcome of an election.
• Suppressing, altering, or delaying the certification of legitimate election results.
2. Misinformation refers to the dissemination of false or misleading information, particularly when the individual spreading the information knows it to be untrue, or when classified information to which they have access directly contradicts their public statements.
3. Federal elected official refers to any individual holding an elected office at the federal level, including but not limited to the President, Vice President, Senators, and Representatives.
4. Appointed official refers to any individual holding a federal office through appointment, including Cabinet members, heads of federal agencies, and other officials appointed by the President or other federal authorities.
Section 4: Prohibited Conduct
(a) Election Interference by Federal Elected or Appointed Officials:
It shall be unlawful for any federal elected or appointed official to:
1. Use their office or official capacity to influence, interfere with, or manipulate an election at the federal, state, or local level.
2. Engage in conduct that undermines the lawful counting of ballots or the certification of election results.
3. Knowingly disseminate false or misleading information with the intent to influence the outcome of an election, particularly when the official is in possession of classified information that directly contradicts the false claims being made.
4. Abuse access to classified information to manipulate public opinion or sow doubt about the integrity of election processes.
(b) Attempt and Conspiracy:
Any attempt or conspiracy by a federal elected or appointed official to commit any act described in Section 4(a) shall be punishable under this Act.
Section 5: Criminal Penalties
1. Any federal elected or appointed official found guilty of violating Section 4 shall be subject to:
• A fine not exceeding $500,000.
• Imprisonment for a term not less than 5 years and not more than 20 years.
• Permanent disqualification from holding any elected or appointed office at the federal level.
2. In cases where the violation involves the deliberate dissemination of false information while knowingly in possession of classified information that contradicts the false claims, the penalty may include imprisonment for up to 30 years.
3. In cases where the violation of this Act results in substantial damage to the integrity of an election or where the official knowingly conspired with foreign actors to interfere in an election, the penalty may be further enhanced.
Section 6: Civil Liability
1. In addition to criminal penalties, federal elected or appointed officials may be held civilly liable for damages resulting from election interference or the deliberate dissemination of misinformation.
2. Civil damages may include compensation for economic loss, emotional distress, or reputational harm caused by the official’s actions, and punitive damages where appropriate.
Section 7: Whistleblower Protections
1. Federal employees or other individuals who provide credible information regarding election interference, including the dissemination of misinformation by federal elected or appointed officials, shall be protected from retaliation.
2. Any person who retaliates against a whistleblower under this section shall be subject to criminal penalties and civil liability.
Section 8: Implementation and Oversight
1. The Department of Justice shall have primary responsibility for the investigation and prosecution of violations under this Act.
2. The Federal Election Commission (FEC) and the Department of Justice shall establish a joint task force to oversee compliance, investigate violations, and provide annual reports to Congress on election integrity issues.
Section 9: Severability
If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of the provisions to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.
Section 10: Effective Date
This Act shall take effect 60 days after the date of enactment.