[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2250 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2250

     To require the Attorney General to investigate allegations of 
 violations of Federal criminal law regarding elections not later than 
30 days after receiving the allegation, to amend the Help America Vote 
   Act of 2002 to establish standards for the distribution of voter 
registration application forms and the handling of absentee ballots, to 
 require individuals to produce photo identification as a condition of 
registering to vote or voting in elections for Federal office, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

    Mr. Green of Wisconsin introduced the following bill; which was 
 referred to the Committee on House Administration, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To require the Attorney General to investigate allegations of 
 violations of Federal criminal law regarding elections not later than 
30 days after receiving the allegation, to amend the Help America Vote 
   Act of 2002 to establish standards for the distribution of voter 
registration application forms and the handling of absentee ballots, to 
 require individuals to produce photo identification as a condition of 
registering to vote or voting 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 ``Valuing Our Trust in Elections 
Act''.

SEC. 2. TIMETABLE FOR INVESTIGATION OF ALLEGATIONS OF VIOLATIONS OF 
              CRIMINAL LAW REGARDING ELECTIONS.

    (a) 30-Day Deadline for Initiation of Investigation.--
            (1) In general.--Notwithstanding any other provision of 
        law, not later than 30 days after receiving a complaint or 
        other allegation of a violation of any Federal criminal law 
        regarding voter intimidation, election fraud, or any provision 
        relating to voting or registering to vote in elections for 
        Federal office, including section 3(b), the Attorney General 
        shall initiate an investigation of the complaint or allegation, 
        and shall notify the chief election official of the State 
        involved of the status of the investigation every 60 days until 
        the investigation is completed.
            (2) Exception for complaints unaccompanied by evidence.--
        Paragraph (1) shall not apply with respect to a complaint or 
        allegation received by the Attorney General if the person 
        filing the complaint or allegation does not provide any 
        evidence to support the complaint or allegation.
    (b) Effect on State Enforcement.--Nothing in this section may be 
construed to prohibit a State from investigating complaints or 
allegations of violations of the offenses referred to in subsection 
(a), so long as the State does not interfere with or otherwise impede 
the investigation initiated by the Attorney General.
    (c) Effective Date.--This section shall apply with respect to 
complaints and allegations received by the Attorney General on or after 
the date of the enactment of this Act.

SEC. 3. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION 
              FORMS.

    (a) Requiring States to Establish Standards.--Section 303 of the 
Help America Vote Act of 2002 (42 U.S.C. 15483) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Standards for Distribution and Transmittal of Voter 
Registration Application Forms.--
            ``(1) Distribution of forms.--
                    ``(A) Establishment of standards.--Each State shall 
                establish standards for the distribution of voter 
                registration application forms for elections for 
                Federal office under which an individual shall be 
                prohibited from distributing any such form if the 
                individual--
                            ``(i) has been convicted of a felony under 
                        any State or Federal law;
                            ``(ii) does not provide identifying 
                        information (including the individual's name, 
                        address, and other appropriate contact 
                        information, including the name and address of 
                        any organization which pays the individual to 
                        distribute such forms) to each individual to 
                        whom the individual distributes such a form; or
                            ``(iii) does not meet any other 
                        requirements imposed by the State.
                    ``(B) Exception for certain distributions.--
                Subparagraph (A) shall not apply in the case of the 
                distribution of a voter registration application form--
                            ``(i) by an individual to any member of the 
                        individual's immediate family or to any 
                        individual who shares a residence with the 
                        individual;
                            ``(ii) by an individual who distributes 10 
                        or fewer of such forms with respect to any 
                        election; or
                            ``(iii) under such other circumstances as 
                        the State may provide.
            ``(2) Collection and transmittal of forms for chief state 
        election official.--Any individual who collects a voter 
        registration application form for elections for Federal office 
        and transmits the form to the chief State election official for 
        verification by the election official shall include with each 
        such form a statement signed by the individual under penalty of 
        perjury that the applicant presented the individual with a 
        current, valid, government-issued photo identification that 
        matched the name and identifying information provided on the 
        completed application form.''.
    (b) Penalties.--
            (1) Distribution and transmittal of forms by individuals 
        not meeting standards.--Any person who distributes a voter 
        registration application form for elections for Federal office 
        in a State who does not meet the standards established by the 
        State for the distribution of such forms pursuant to section 
        303(d) of the Help America Vote Act of 2002 (as added by 
        subsection (a)), or who collects and transmits a form which 
        does not include the information required under section 
        303(d)(2), shall be guilty of a misdemeanor and fined in 
        accordance with title 18, United States Code.
            (2) Employment of ineligible individual to distribute 
        forms.--Any person who employs an individual to distribute 
        voter registration application forms for elections for Federal 
        office in a State and who knows, or should reasonably be 
        expected to know, that the individual does not meet the 
        standards established by the State for the distribution of such 
        forms pursuant to section 303(d) of the Help America Vote Act 
        of 2002 shall be guilty of a misdemeanor and fined in 
        accordance with title 18, United States Code.
    (c) Effective Date.--
            (1) Establishment of standards by states.--Section 303(e) 
        of the Help America Vote Act of 2002, as redesignated by 
        subsection (a), is amended by adding at the end the following 
        new paragraph:
            ``(3) Standards for distribution of voter registration 
        application forms.--Each State shall be required to comply with 
        the requirements of subsection (d) on and after the expiration 
        of the 180-day period which begins on the date of the enactment 
        of the Valuing Our Trust in Elections Act.''.
            (2) Adoption of voluntary guidance by election assistance 
        commission.--Section 311(a) of such Act (42 U.S.C. 15501(a)) is 
        amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3)--
                            (i) by striking ``section 303'' and 
                        inserting ``section 303 (other than subsection 
                        (d))'', and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 303(d), 120 days after the date of the enactment of the 
        Valuing Our Trust in Elections Act.''.

SEC. 4. STANDARDS FOR HANDLING ABSENTEE BALLOTS.

    (a) Establishment of Standards by Election Assistance Commission.--
            (1) In general.--Subtitle C of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by 
        inserting after section 246 the following new section:

``SEC. 246A. ESTABLISHMENT OF STANDARDS FOR HANDLING ABSENTEE BALLOTS.

    ``(a) Establishment of Standards.--The Commission shall establish 
standards for the prevention of fraud and abuse in the handling of 
absentee ballots in elections for Federal office, and shall include in 
the standards a prohibition against the handling of an absentee ballot 
by any individual other than the voter or any person authorized to 
handle material delivered to the individual (including a caregiver or 
guardian).
    ``(b) Deadline; Revision.--The Commission shall establish the 
standards required under this section not later than 120 days after the 
date of the enactment of the Valuing Our Trust in Elections Act, and 
shall review and (if necessary) revise the standards every 4 years 
thereafter.''.
            (2) Clerical amendment.--The table of contents of subtitle 
        C of title II of such Act is amended by inserting after the 
        item relating to section 246 the following new item:

``Sec. 246A. Establishment of standards for handling absentee 
                            ballots.''.
    (b) Requiring States to Comply With Standards in Administering 
Elections.--
            (1) In general.--Subtitle A of title III of such Act (42 
        U.S.C. 15481 et seq.) is amended by inserting after section 303 
        the following new section:

``SEC. 303A. COMPLIANCE WITH STANDARDS FOR HANDLING ABSENTEE BALLOTS.

    ``(a) In General.--Each State shall distribute, collect, and 
process absentee ballots in elections for Federal office in accordance 
with the standards established by the Commission under section 246A.
    ``(b) Effective Date.--This section shall take effect upon the 
expiration of the 60-day period which begins on the date the Commission 
establishes standards under section 246A.''.
            (2) Conforming amendment relating to enforcement of 
        requirement.--Section 401(a) of such Act (42 U.S.C. 15511(a)) 
        is amended by striking ``sections 301, 302, and 303'' and 
        inserting ``subtitle A of title III''.
            (3) 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. Compliance with standards for handling absentee 
                            ballots.''.
    (c) Penalties.--Any person who knowingly and willfully handles an 
absentee ballot in an election for Federal office in a fraudulent 
manner shall be fined in accordance with title 18, United States Code.

SEC. 5. REQUIRING INDIVIDUALS REGISTERING TO VOTE AND VOTERS TO PROVIDE 
              PHOTO IDENTIFICATION.

    (a) Individuals Registering to Vote.--Section 303(a)(5)(A) of the 
Help America Vote Act of 2002 (42 U.S.C. 15483(a)(5)(A)) is amended by 
adding at the end the following new clause:
                            ``(iv) Photo identification.--
                                    ``(I) Requirement.--Notwithstanding 
                                any other provision of law, an 
                                application for voter registration for 
                                an election for Federal office may not 
                                be accepted or processed by a State 
                                unless the applicant--
                                            ``(aa) presents to the 
                                        election official accepting the 
                                        application a current, valid, 
                                        government-issued photo 
                                        identification, in the case an 
                                        applicant who presents the 
                                        application in person to an 
                                        election official, including 
                                        any individual deputized by the 
                                        State to accept and process 
                                        such applications; or
                                            ``(bb) includes with the 
                                        application a copy of a 
                                        current, valid, government-
                                        issued photo identification, in 
                                        the case of any other 
                                        applicant.
                                    ``(II) Exception.--A State may 
                                establish exceptions to the 
                                requirements of subclause (I) in the 
                                case of individuals who are unable to 
                                obtain photo identification because of 
                                disability or physical incapacity.''.
    (b) Voters.--
            (1) In general.--Section 303(b) of such Act (42 U.S.C. 
        15483(b)) is amended--
                    (A) in the heading, by striking ``for Voters Who 
                Register by Mail'' and inserting ``for Providing Photo 
                Identification''; and
                    (B) by striking paragraphs (1) through (3) and 
                inserting the following:
            ``(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 current, valid, 
        government-issued photo identification.
            ``(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 copy of a current, valid, 
        government-issued photo identification.
            ``(3) Exception.--A State may establish exceptions to the 
        requirements of paragraphs (1) and (2) in the case of 
        individuals who are unable to obtain photo identification 
        because of disability or physical incapacity.''.
            (2) Conforming amendments.--Section 303 of such Act (42 
        U.S.C. 15483) is amended--
                    (A) in the heading, by striking ``for voters who 
                register by mail'' and inserting ``for providing photo 
                identification''; and
                    (B) in subsection (c), by striking ``subsections 
                (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting 
                ``subsection (a)(5)(A)(i)(II)''.
            (3) 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 providing photo 
                            identification.''.
            (4) Effective date.--Section 303(d) of such Act (42 U.S.C. 
        15483(d)) is amended to read as follows:
    ``(d) Requirement to Provide Photo Identification.--Subsections 
(a)(5)(A)(iv) and (b) shall apply with respect to the regularly 
scheduled general election for Federal office held in November 2006 and 
each succeeding election for Federal office.''.
    (c) Providing Financial Assistance to States to Subsidize Costs to 
Individuals of Required Photo Identification.--
            (1) In general.--Subtitle D of title II of such Act (42 
        U.S.C. 15401 et seq.) is amended by adding at the end the 
        following new part:

   ``PART 7--PAYMENTS TO ASSIST LOW-INCOME INDIVIDUALS IN OBTAINING 
                     REQUIRED PHOTO IDENTIFICATION

``SEC. 297. FINANCIAL ASSISTANCE TO STATES TO SUBSIDIZE COSTS TO 
              INDIVIDUALS OF REQUIRED PHOTO IDENTIFICATION.

    ``(a) In General.--The Commission shall make payments to eligible 
States for assisting individuals with covering the costs of obtaining 
the government-issued photo identification an individual must present 
or provide in order to receive a ballot in an election for Federal 
office under section 303(b).
    ``(b) Use of Funds.--
            ``(1) In general.--A State receiving a payment under this 
        part shall use the payment to reduce the amount the State would 
        otherwise require an individual to pay to obtain the photo 
        identification required under section 303(b).
            ``(2) Limitations.--A State may not use a payment under 
        this part--
                    ``(A) to reduce the amount an individual pays for 
                an identification unless the individual is a low-income 
                individual, as determined by the State in accordance 
                with such criteria and tests as the State may 
                establish;
                    ``(B) to reduce the amount an individual pays for 
                an identification by more than $9; or
                    ``(C) to reduce the amount an individual is 
                otherwise required to pay for a driver's license.
    ``(c) Eligibility of States.--A State is eligible to receive a 
payment under this part if the State submits to the Commission (at such 
time and in such form as the Commission may require) an application 
containing such information and assurances as the Commission may 
require.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part such sums as may be necessary for fiscal year 2006 and each 
succeeding fiscal year, to remain available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the item relating to 
        subtitle D of title II the following:

   ``Part 7--Payments to Assist Low-Income Individuals in Obtaining 
                     Required Photo Identification

``Sec. 297. Financial assistance to States to subsidize costs to 
                            individuals of required photo 
                            identification.
``Sec. 297A. Authorization of appropriations.''.

SEC. 6. TRAINING FOR POLL WORKERS.

    (a) Requiring Poll Workers to Undergo Training.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended 
        by section 3(b), is amended by inserting after section 303A the 
        following new section:

``SEC. 303B. TRAINING PROGRAMS FOR POLL WORKERS.

    ``(a) Requiring Poll Workers to Undergo Training.--No individual 
may serve as an election official at any polling placed for any 
election for Federal office unless the State certifies that the 
individual has successfully completed a program sponsored by the State 
under which the individual is trained in the applicable laws governing 
election administration in the State, including the laws governing who 
is eligible to vote, the forms of identification that may be accepted 
at the polling place, how votes are cast, and the procedures for 
contacting other officials in the event that problems occur during the 
day of the election.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2006 and each succeeding election for Federal office.''.
            (2) Clerical amendment.--The table of contents of subtitle 
        A of title III of such Act is amended by inserting after the 
        item relating to section 303 the following new item:

``Sec. 303B. Training programs for poll workers.''.
    (b) Providing Funds to States to Carry Out Programs.--Section 
257(a) of such Act (42 U.S.C. 15407(a)) is amended by adding at the end 
the following new paragraph:
            ``(4) For fiscal year 2006 and each succeeding fiscal year, 
        such sums as may be necessary, except that funds provided 
        pursuant to the authorization under this paragraph may be used 
        only for purposes of meeting the requirements of section 303B 
        (relating to training programs for poll workers).''.

SEC. 7. MANDATORY AUDIT OF STATE COMPLIANCE WITH REQUIREMENTS.

    (a) Mandatory Audit by Commission.--Title IV of the Help America 
Vote Act of 2002 (42 U.S.C. 15511 et seq.) is amended by adding at the 
end the following new section:

``SEC. 403. AUDIT OF STATE COMPLIANCE WITH REQUIREMENTS.

    ``(a) Audit of Compliance of States Receiving Funding.--If a State 
receives any payment under a program under this Act, the Commission may 
(at such times as it considers appropriate) conduct an audit to review 
the State's compliance with the applicable requirements of this Act.
    ``(b) Penalty for Failure to Cure Noncompliance.--If, as a result 
of an audit conducted under this section, the Commission notifies a 
State that the State is not in compliance with any of the applicable 
requirements of this Act and the State does not cure the noncompliance 
prior to the expiration of the 60-day period which begins on the date 
the Commission notifies the State, the Commission may impose such 
penalty upon the State (including a civil money penalty or a reduction 
in the amount of any payment to the State under a program under this 
Act) as it considers appropriate.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to title IV the 
following new item:

``Sec. 403. Audit of State compliance with requirements.''.
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