Ensuring only citizens are registered to vote in elections for Federal office

(a)

Definition of documentary proof of United States citizenship

Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended— (1)by striking As used and inserting (a) In general.—As used; and (2)by adding at the end the following:

(b)

Documentary proof of United States citizenship

As used in this Act, the term documentary proof of United States citizenship means, with respect to an applicant for voter registration, any of the following: (1)A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States. (2)A valid United States passport. (3)The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States. (4)A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States. (5)A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following: (A)A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— (i)was issued by the State, unit of local government, or Tribal government in which the applicant was born; (ii)was filed with the office responsible for keeping vital records in the State; (iii)includes the full name, date of birth, and place of birth of the applicant; (iv)lists the full names of one or both of the parents of the applicant; (v)has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; (vi)includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and (vii)has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. (B)An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States. (C)A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States. (D)A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. (E)A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act. (F)An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.

(b)

Application of requirements

Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended by striking subsection (b) and inserting the following:

(b)

Requiring applicants To present documentary proof of United States citizenship

Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.

(c)

Registration with application for motor vehicle driver’s license

Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended— (1)in subsection (a)(1), by striking Each State motor vehicle driver's license application and inserting Subject to the requirements under section 8(j), each State motor vehicle driver's license application; (2)in subsection (c)(1), by striking Each State shall include and inserting Subject to the requirements under section 8(j), each State shall include; (3)in subsection (c)(2)(B)— (A)in clause (i), by striking and at the end; (B)in clause (ii), by adding and at the end; and (C)by adding at the end the following new clause:

(iii)verify that the applicant is a citizen of the United States;

;

(4)in subsection (c)(2)(C)(i), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship; and (5)in subsection (c)(2)(D)(iii), by striking ; and and inserting the following: , other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and. (d)

Requiring documentary proof of United States citizenship with national mail voter registration form

Section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) is amended— (1)in subsection (a)(1)— (A)by striking Each State shall accept and use and inserting Subject to the requirements under section 8(j), each State shall accept and use; and (B)by striking Federal Election Commission and inserting Election Assistance Commission; (2)in subsection (b), by adding at the end the following: The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.; (3)in subsection (c)(1)— (A)in subparagraph (A), by striking and at the end; (B)in subparagraph (B) by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph:

(C)the person did not provide documentary proof of United States citizenship when registering to vote.

; and

(4)by adding at the end the following new subsection:

(e)

Ensuring proof of United States citizenship

(1)

Presenting proof of United States citizenship to election official

An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) shall not be registered to vote in an election for Federal office unless— (A)the applicant presents documentary proof of United States citizenship in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or (B)in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election. (2)

Notification of requirement

Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a), the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citizenship under this subsection, and shall include in the notice instructions to enable the applicant to meet the requirement. (3)

Accessibility

Each State shall, in consultation with the Election Assistance Commission, ensure that reasonable accommodations are made to allow an individual with a disability who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) to present documentary proof of United States citizenship to the appropriate election official.

(e)

Requirements for voter registration agencies

Section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended— (1)in subsection (a)— (A)in paragraph (4)(A), by adding at the end the following new clause:

(iv)Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State.

; and

(B)in paragraph (6)— (i)in subparagraph (A)(i)(I), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship; (ii)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii)by inserting after subparagraph (A) the following new subparagraph:

(B)ask the applicant the question, Are you a citizen of the United States? and if the applicant answers in the affirmative require documentary proof of United States citizenship prior to providing the form under subparagraph (C);

; and

(2)in subsection (c)(1), by inserting who are citizens of the United States after for persons. (f)

Requirements with respect to administration of voter registration

Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended— (1)in subsection (a)— (A)by striking In the administration of voter registration and inserting Subject to the requirements of subsection (j), in the administration of voter registration; and (B)in paragraph (3)— (i)in subparagraph (B), by striking or at the end; and (ii)by adding at the end the following new subparagraphs:

(D)based on documentary proof or verified information that the registrant is not a United States citizen; or (E)the registration otherwise fails to comply with applicable State law;

;

(2)by redesignating subsection (j) as subsection (l); and (3)by inserting after subsection (i) the following new subsections:

(j)

Ensuring only citizens are registered to vote

(1)

In general

Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship. (2)

Requirement in cases of name discrepancies in documentation

Notwithstanding any other provision of law, a State shall accept and process an application to register to vote in an election for Federal office if the applicant— (A)presents with the application documentation that would constitute documentary proof of United States citizenship, except that the name on the documentation is not the name of the applicant; and (B)provides, through a process established by the State (which shall be subject to any relevant guidance adopted by the Election Assistance Commission)— (i)additional documentation as necessary to establish that the name on the documentation is a previous name of the applicant; or (ii)an affidavit signed by the applicant attesting that the name on the documentation is a previous name of the applicant. (3)

Additional processes in certain cases

(A)

Process for those without documentary proof

(i)

In general

Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State. (ii)

Affidavit requirement

If a State or local official makes a determination under clause (i) that an applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State, such determination shall be accompanied by an affidavit developed under clause (iii) signed by the official swearing or affirming the applicant sufficiently established United States citizenship for purposes of registering to vote. (iii)

Development of affidavit by the Election Assistance Commission

The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under clause (ii), which shall— (I)include an explanation of the minimum standards required for a State or local official to register an applicant who cannot provide documentary proof of United States citizenship to vote in elections for Federal office in the State; and (II)require the official to explain the basis for registering such applicant to vote in such elections. (B)

Process in case of certain discrepancies in documentation

Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant’s documentary proof of United States citizenship. (4)

State requirements

Not later than 30 days after the date of the enactment of this subsection: (A)Each State shall take affirmative steps, on an ongoing basis, to ensure that only United States citizens are registered to vote under the provisions of this Act, and such affirmative steps shall include the establishment of a program described in subparagraphs (B) and (C). (B)Each State shall submit the complete, official list of individuals registered as eligible voters for Federal office in the State to the Department of Homeland Security for comparison through the Systematic Alien Verification for Entitlements (SAVE) system for the purposes of identifying individuals who are not citizens of the United States and taking the necessary steps to remove such individuals who are not citizens from the official list, after notice is given to such individuals and such individuals are given the opportunity to provide documentary proof of United States citizenship, but a State with a memorandum of agreement for such purposes with the Department of Homeland Security on the date of the enactment of this subsection may comply with this subparagraph by carrying out such purposes under the memorandum. (C)Each State may utilize such other sources of data available to the State for the purposes of identifying individuals who are not citizens of the United States and removing such individuals from the official list of eligible voters for Federal office in the State, including (but not limited to) the following: (i)State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants. (ii)Other sources, including databases and information provided pursuant to an agreement with the Commissioner of Social Security under section 205(r)(9) of the Social Security Act, which can be used to confirm United States citizenship status, except that any such information provided by the Commissioner may not be the sole grounds for the removal of an individual from the official list of eligible voters for elections for Federal office in a State. (5)

Availability of information

(A)

In general

At the request of a State election official (including a request related to a process established by a State under paragraph (3)(A) or (3)(B)), any head of a Federal department or agency possessing information relevant to determining the eligibility of an individual to vote in elections for Federal office shall, not later than 24 hours after receipt of such request, provide the official with such information as may be necessary to enable the official to verify that an applicant for voter registration in elections for Federal office held in the State or a registrant on the official list of eligible voters in elections for Federal office held in the State is a citizen of the United States, which shall include providing the official with such batched information as may be requested by the official. (B)

Use of SAVE system

The Secretary of Homeland Security may respond to a request received under paragraph (1) by using the system for the verification of immigration status under the applicable provisions of section 1137 of the Social Security Act (42 U.S.C. 1320b–7), as established pursuant to section 121(c) of the Immigration Reform and Control Act of 1986 (Public Law 99–603). (C)

Sharing of information

The heads of Federal departments and agencies shall share information with each other with respect to an individual who is the subject of a request received under paragraph (A) in order to enable them to respond to the request. (D)

Investigation for purposes of removal

The Secretary of Homeland Security shall conduct an investigation to determine whether to initiate removal proceedings under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) if it is determined pursuant to subparagraph (A) or (B) that an alien (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) is unlawfully registered to vote in elections for Federal office. (E)

Prohibiting fees

The head of a Federal department or agency may not charge a fee for responding to a State’s request under paragraph (A). (k)

Removal of noncitizens from registration rolls

A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen.

(g)

Clarification of authority of State To remove noncitizens from official list of eligible voters

(1)

In general

Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended— (A)by striking or at the end of subparagraph (A); (B)by adding or at the end of subparagraph (B); and (C)by adding at the end the following new subparagraph:

(C)documentary proof or verified information that the registrant is not a United States citizen;

(2)

Conforming amendment

Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking (4)(A) and inserting (4)(A) or (C). (h)

Requirements with respect to Federal mail voter registration form

(1)

Contents of mail voter registration form

Section 9(b) of such Act (52 U.S.C. 20508(b)) is amended— (A)in paragraph (2)(A), by striking (including citizenship) and inserting (including an explanation of what is required to present documentary proof of United States citizenship); (B)in paragraph (3), by striking and at the end; (C)in paragraph (4), by striking the period at the end and inserting ; and; and (D)by adding at the end the following new paragraph:

(5)shall include a section, for use only by a State or local election official, to record the type of document the applicant presented as documentary proof of United States citizenship, including the date of issuance, the date of expiration (if any), the office which issued the document, and any unique identification number associated with the document.

(2)

Information on mail voter registration form

Section 9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended— (A)by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and (B)in subparagraph (C) (as so redesignated and as amended by paragraph (1)(C)), by striking ; and and inserting the following: , other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who attempts to register to vote and makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and. (i)

Private right of action

Section 11(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by striking a violation of this Act and inserting a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship,. (j)

Criminal penalties

Section 12(2) of such Act (52 U.S.C. 20511(2)) is amended— (1)by striking or at the end of subparagraph (A); (2)by redesignating subparagraph (B) as subparagraph (D); and (3)by inserting after subparagraph (A) the following new subparagraphs:

(B)in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office; (C)registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or

(k)

Special rule for States not requiring voter registration

Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503), as amended by subsection (b), is amended by adding at the end the following:

(c)

Special rule for States not requiring voter registration

In the case of a State or jurisdiction that does not require voter registration as a requirement to vote in an election for Federal office on or after the date of the enactment of this subsection, the State or jurisdiction shall be deemed to meet the requirements of this Act if the State or jurisdiction establishes a system for confirming the citizenship of individuals voting in an election for Federal office prior to the first day for voting with respect to such election and provides such confirmation of citizenship status for each eligible voter to election officials at the polling places during the voting period.

(l)

Election Assistance Commission guidance

Not later than 10 days after the date of the enactment of this Act, the Election Assistance Commission shall adopt and transmit to the chief State election official of each State guidance with respect to the implementation of the requirements under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this section. (m)

Inapplicability of Paperwork Reduction Act

Subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) shall not apply with respect to the development or modification of voter registration materials under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this section, including the development or modification of any voter registration application forms. (n)

Duty of Secretary of Homeland Security To notify election officials of naturalization

Upon receiving information that an individual has become a naturalized citizen of the United States, the Secretary of Homeland Security shall promptly provide notice of such information to the appropriate chief election official of the State in which such individual is domiciled. (o)

Rule of construction regarding provisional ballots

Nothing in this section or in any amendment made by this section may be construed to supercede, restrict, or otherwise affect the ability of an individual to cast a provisional ballot in an election for Federal office or to have the ballot counted in the election if the individual is verified as a citizen of the United States pursuant to section 8(j) of the National Voter Registration Act of 1993 (as added by subsection (f)). (p)

Rule of construction regarding effect on State exemptions from other Federal laws

Nothing in this section or in any amendment made by this section may be construed to affect the exemption of a State from any requirement of any Federal law other than the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (q)

Exception for absent uniformed services voters

The requirements in this section shall not apply with respect to an applicant who is an absent uniformed services voter, as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)). (r)

Effective date

This section and the amendments made by this section shall take effect on the date of the enactment of this section, and shall apply with respect to applications for voter registration which are submitted on or after such date.

Requiring voters to provide photo identification

(a)

Requirement to provide photo identification as condition of casting ballot

(1)

In general

Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section:

303A.

Photo identification requirements

(a)

Provision of identification required as condition of casting ballot

(1)

Individuals voting in person

(A)

Requirement to provide identification

Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a valid physical photo identification. (B)

Availability of provisional ballot

(i)

In general

If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless, not later than 3 days after casting the provisional ballot, the individual presents to the official— (I)the identification required under subparagraph (A); or (II)an affidavit developed and made available to the individual by the State attesting that the individual does not possess the identification required under subparagraph (A) because the individual has a religious objection to being photographed. (ii)

No effect on other provisional balloting rules

Nothing in clause (i) may be construed to apply to the casting of a provisional ballot pursuant to section 302(a) or any State law for reasons other than the failure to present the identification required under subparagraph (A). (2)

Individuals voting other than in person

(A)

In general

Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot— (i)a copy of a valid photo identification; or (ii)the last four digits of the individual’s Social Security number and an affidavit developed and made available to the individual by the State attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain such a copy. (B)

Exceptions

Subparagraph (A) does not apply with respect to a ballot provided by— (i)an absent uniformed services voter, as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)); or (ii)an individual provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)). (b)

Providing public access to digital imaging devices

With respect to each State, the appropriate State or local government official of the State shall ensure, to the extent practicable, public access to a digital imaging device, which shall include a printer, copier, image scanner, or multifunction machine, at State and local government buildings in the State, including courts, libraries, and police stations, for the purpose of allowing individuals to use such a device at no cost to the individual to make a copy of a valid photo identification. (c)

Valid photo identifications described

For purposes of this section, a valid photo identification means, with respect to an individual who seeks to vote in a State, any of the following: (1)A valid State-issued motor vehicle driver’s license that includes a photo of the individual and an expiration date. (2)A valid State-issued identification card that includes a photo of the individual and an expiration date issued by a State motor vehicle authority. (3)A valid United States passport for the individual. (4)A valid military identification for the individual. (5)A valid identification document issued by a Tribal government that includes a photo of the individual and an expiration date. (d)

Notification of identification requirement to applicants for voter registration

(1)

In general

Each State shall ensure that, at the time an individual applies to register to vote in elections for Federal office in the State, the appropriate State or local election official notifies the individual of the photo identification requirements of this section. (2)

Special rule for individuals applying to register to vote online

Each State shall ensure that, in the case of an individual who applies to register to vote in elections for Federal office in the State online, the online voter registration system notifies the individual of the photo identification requirements of this section before the individual completes the online registration process. (e)

Effective date

This section shall take effect on the date of the enactment of this section, and shall apply with respect to elections for Federal office held on or after such date.

(2)

Clerical amendment

The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item:

Sec. 303A. Photo identification requirements.

(b)

Conforming amendment relating to voluntary guidance by Election Assistance Commission

Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended— (1)by striking and at the end of paragraph (2); (2)by striking the period at the end of paragraph (3) and inserting ; and; and (3)by adding at the end the following new paragraph:

(4)in the case of the recommendations with respect to section 303A, October 1, 2025.

(c)

Conforming amendment relating to enforcement

Section 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, 303, and 304 and inserting subtitle A of title III. (d)

Effective Date

This section and the amendments made by this section shall take effect on the date of the enactment of this section, and shall apply with respect to elections for Federal office held on or after such date.