text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Election Jamming Prevention Act of 
  2006''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) The most fundamental right accorded to United States 
          citizens by the Constitution is the right to vote, and 
          unimpeded exercise of the right to vote is essential to the 
          functioning of our democracy.
              (2) Historically, significant efforts have been undertaken 
          to prevent qualified individuals from exercising this right.
              (3) Poll taxes, property requirements, and literacy tests 
          were once used to restrict voters' access to the polls. Now, 
          efforts like deceptive practices, intimidation, and dirty 
          tricks are used to impede qualified voters' exercise of their 
          right to vote, to prevent voters from making informed decisions 
          as to how to cast that vote, and to prevent candidates, 
          parties, and organizations from engaging in constitutionally 
          protected political speech.
              (4) In recent elections, there have been allegations of 
          political campaigns and committees using telephone jamming 
          techniques to shut down the communication operations of groups 
          supporting their political opponents.
              (5) In November 2002, according to the Department of 
          Justice, groups working on behalf of the Republican candidates 
          in New Hampshire conspired to shut down Democratic get-out-the-
          vote efforts by placing hang-up calls to the phones of the 
          Manchester Democratic Party and the Manchester Professional 
          Firefighters Association, which were providing qualified voters 
          rides to the election polling places. Several people have pled 
          guilty or been convicted in connection with the incident.
              (6) As a result of the hang-up call effort, the phone lines 
          of the Manchester Democratic Party and the Manchester 
          Professional Firefighters Association were jammed on election 
          day 2002 and qualified voters were unable to access information 
          that would have facilitated their access to polling places.
              (7) The use of telephones or other communication devices to 
          jam election-related communications should be prohibited in 
          order to protect qualified voters' right to vote.
  
  SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR 
                EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS 
                DEVICES.
  
      (a) Prohibition.--
              (1) In general.--Subparagraph (C) of section 223(a)(1) of 
          the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is 
          amended by striking ``with the intent to annoy, abuse, 
          threaten, or harass any person at the called number or who 
          receives the communications;'' and inserting ``with the intent 
          to--
                              ``(i) annoy, abuse, threaten, or harass any 
                          person at the called number or who receives the 
                          communications;
                              ``(ii) prevent or obstruct the broadcast or 
                          exchange of election-related information; or
                              ``(iii) impair or obstruct any other 
                          telecommunications device from being used to 
                          engage in communications containing election-
                          related information;''.
              (2) Election-related information.--Subsection (h) of 
          section 223 of the Communications Act of 1934 (47 U.S.C. 
          223(h)) is amended by adding at the end the following new 
          paragraph:
              ``(5) The term `election-related information' means 
          information related to--
                      ``(A) the endorsement, support, promotion of, or 
                  opposition to any clearly identified candidate or slate 
                  of candidates 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;
                      ``(B) the time, place, or manner for the election 
                  of such offices; or
                      ``(C) the facilitation of transport to or from 
                  polling places for any such election.''.
      (b) Private Right of Action.--Section 223 of the Communications Act 
  of 1934 (47 U.S.C. 223) is amended by adding at the end the following 
  new subsection:
      ``(i) Private Right of Action for Injunctive or Declarative Relief 
  Against Certain Actions.--Any person aggrieved by a violation of 
  subsection (a)(1)(C) may bring a civil action or other proper 
  proceeding for injunctive or declarative relief in any court of 
  competent jurisdiction, including an application in a United States 
  district court.''.
target: Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information; or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information.
  
  Defines "election-related information."
  
  Provides a private right of action for injunctive or declarative relief against such violations (including a violation of the existing prohibition on annoying, abusing, threatening, or harassing any person at the called number or who receives the communications).
feat_title: A bill to amend the Communications Act of 1934 to prohibit the use of telecommunications devices for the purposes of preventing or obstructing the broadcast or exchange of election-related information.