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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 107: Caging Prohibition Act of 2011

Official Title

A bill to amend Title 18, United States Code, to prevent the election practice known as caging, and for other purposes.

Analysis

This bill seeks to prohibit, subject to certain exceptions, state or local election officials from preventing apparently unqualified individuals from registering for or voting in Federal elections and to prohibit certain formal challenges under state law to an individual’s registration status or eligibility to vote. H.R. 107 specifically targets what it characterizes as “voter caging” activities and the use of “voter caging documents” or “voter caging lists” by individuals seeking to challenge the eligibility of potential voters. The bill would require “first-hand knowledge of ineligibility” on the part of any non-election official seeking to submit a formal challenge to an individual’s eligibility to register or vote in a Federal election. “Knowing” violators of the provisions of H.R. 107 would be subject to criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both, for each violation. The language of the bill requires that potential violators must have “knowingly” issued or “knowingly cause[d]” the prohibited challenge “with the intent that one or more eligible voters be disqualified.” It is unclear, however, what sorts of behavior would qualify as “causing” the prohibited caging activities proscribed by H.R. 107.

Legislation Details
SPONSOR

Conyers (D - MI)

STATUS:

01/05/2011: Introduced in House
01/05/2011: Referred to House Judiciary Committee
1/24/2011: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security