[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4174

  To amend the National Voter Registration Act of 1993 to require an 
  individual to provide proof that the individual is a citizen of the 
 United States as a condition of registering to vote in elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2004

Mr. Gingrey (for himself, Mr. Jones of North Carolina, Mr. Sam Johnson 
    of Texas, Mr. Deal of Georgia, and Mr. Tancredo) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the National Voter Registration Act of 1993 to require an 
  individual to provide proof that the individual is a citizen of the 
 United States as a condition of registering to vote in elections for 
                Federal office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Citizenship Verification 
Act''.

SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR VOTER REGISTRATION.

    (a) In General.--Section 9(b) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--
            (1) in paragraph (1), by striking ``may require'' and 
        inserting ``consistent with paragraph (5), may require'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(5) shall require the applicant to provide a photographic 
        copy of any document which provides proof that the applicant is 
        a citizen of the United States, which may not include a motor 
        vehicle driver's license unless the State issuing the license 
        required the applicant to provide proof of the applicant's 
        United States citizenship as a condition of receiving the 
        license.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2004 and each succeeding election for 
Federal office.

SEC. 3. PROOF OF CITIZENSHIP REQUIRED FOR CASTING BALLOT.

    (a) In General.--Section 303 of the Help America Vote Act of 2002 
(42 U.S.C. 15483) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Requiring Proof of Citizenship at Polling Place.--
            ``(1) Individuals voting in person.--Notwithstanding any 
        other provision of law, the appropriate State or local election 
        official may not provide a ballot for an election for Federal 
        office (including a provisional ballot under section 302(a)) to 
        an individual who desires to vote in person unless the 
        individual presents to the official a photographic copy of any 
        document which provides proof that the individual is a citizen 
        of the United States.
            ``(2) Individuals voting by mail.--Notwithstanding any 
        other provision of law, the appropriate State or local election 
        official may not accept any ballot for an election for Federal 
        office provided by an individual who votes by mail unless the 
        individual submits with the ballot a photographic copy of any 
        document which provides proof that the individual is a citizen 
        of the United States.
            ``(3) Exception for individuals with proof of citizenship 
        on file with election official.--Paragraphs (1) and (2) shall 
        not apply in the case of an individual who, at the time the 
        individual applied to register to vote in Federal elections in 
        the State involved, provided the appropriate State election 
        official with a photographic copy of a document which provided 
        proof that the individual is a citizen of the United States.
            ``(4) Treatment of driver's licenses.--For purposes of this 
        subsection, a motor vehicle driver's license shall not be 
        treated as a document which provides proof that the individual 
        to whom the license is issued is a citizen of the United States 
        unless the State issuing the license required the individual to 
        provide proof of the individual's United States citizenship as 
        a condition of receiving the license.''.
    (b) Conforming Amendment.--Section 303 of such Act (42 U.S.C. 
15483) is amended in the heading by striking ``for voters who register 
by mail'' and inserting ``for preventing voting fraud''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 303 to read as 
follows:

``Sec. 303. Computerized statewide voter registration list requirements 
                            and requirements for preventing voting 
                            fraud.''.
    (d) Effective Date.--Section 303(e) of such Act (42 U.S.C. 
15483(e)), as redesignated by subsection (a)(1), is amended by adding 
at the end the following new paragraph:
            ``(3) Proof of citizenship.--Subsection (c) shall apply 
        with respect to the regularly scheduled general election for 
        Federal office held in November 2004 and each succeeding 
        election for Federal office.''.
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