[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3910 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3910

 To amend the Help America Vote Act of 2002 to require individuals to 
  present a government-issued photo identification as a condition of 
voting in elections for Federal office, to prohibit any individual from 
     tabulating votes in an election for Federal office unless the 
  individual has been subject to a criminal background check, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2005

  Mr. Feeney (for himself, Mr. King of Iowa, Mr. Bishop of Utah, Mr. 
   Bartlett of Maryland, Mr. Chabot, Mr. Issa, and Mr. Westmoreland) 
 introduced the following bill; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to require individuals to 
  present a government-issued photo identification as a condition of 
voting in elections for Federal office, to prohibit any individual from 
     tabulating votes in an election for Federal office unless the 
  individual has been subject to a criminal background check, 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 ``Verifying the Outcome of Tomorrow's 
Elections Act of 2005''.

SEC. 2. PREVENTING VOTING BY INELIGIBLE INDIVIDUALS.

    (a) Requiring Voters to Provide Photo Identification.--
            (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, State-
        issued photo identification (as determined in accordance with 
        subsection (d)).
            ``(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, 
        State-issued photo identification (as determined in accordance 
        with subsection (d)).''.
            (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.''.
    (b) Standards for Determining Validity of Photo Identifications.--
Section 303 of such Act (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 Determining Validity of Photo Identification.--
            ``(1) Minimum standards.--
                    ``(A) In general.--For purposes of subsections 
                (b)(1) and (b)(2), a State-issued photo identification 
                is valid if the State meets the requirements of this 
                subsection.
                    ``(B) State certifications.--The Secretary of 
                Homeland Security shall determine whether a State is 
                meeting the requirements of this section based on 
                certifications made by the State to the Secretary of 
                Transportation. Such certifications shall be made at 
                such times and in such manner as the Secretary of 
                Transportation, in consultation with the Secretary of 
                Homeland Security, may prescribe by regulation.
            ``(2) Minimum document requirements.--To meet the 
        requirements of this subsection, a State shall include, at a 
        minimum, the following information and features on each photo 
        identification issued to a person by the State for purposes of 
        subsection (b):
                    ``(A) The person's full legal name.
                    ``(B) The person's date of birth.
                    ``(C) The person's gender.
                    ``(D) The person's number for the form of the 
                identification.
                    ``(E) A digital photograph of the person.
                    ``(F) The person's address of principle residence.
                    ``(G) The person's signature.
                    ``(H) Physical security features designed to 
                prevent tampering, counterfeiting, or duplication of 
                the document for fraudulent purposes.
                    ``(I) A common machine-readable technology, with 
                defined minimum data elements.
            ``(3) Minimum issuance standards.--
                    ``(A) In general.--To meet the requirements of this 
                subsection, a State shall require, at a minimum, 
                presentation and verification of the following 
                information before issuing a photo identification to a 
                person for purposes of subsection (b):
                            ``(i) A photo identity document, except 
                        that a non-photo identity document is 
                        acceptable if it includes both the person's 
                        full legal name and date of birth.
                            ``(ii) Documentation showing the person's 
                        date of birth.
                            ``(iii) Proof of the person's social 
                        security account number or verification that 
                        the person is not eligible for a social 
                        security account number.
                            ``(iv) Documentation showing the person's 
                        name and address of principal residence.
                    ``(B) Verification of documents.--To meet the 
                requirements of this section, a State shall implement 
                the following procedures:
                            ``(i) Before issuing a photo identification 
                        to a person, the State shall verify, with the 
                        issuing agency, the issuance, validity, and 
                        completeness of each document required to be 
                        presented by the person under subparagraph (A).
                            ``(ii) The State shall not accept any 
                        foreign document, other than an official 
                        passport, to satisfy a requirement of 
                        subparagraph (A).
            ``(4) Other requirements.--To meet the requirements of this 
        section, a State shall adopt the following practices in the 
        issuance of photo identifications issued for purposes of 
        subsection (b):
                    ``(A) Employ technology to capture digital images 
                of identity source documents so that the images can be 
                retained in electronic storage in a transferable 
                format.
                    ``(B) Retain paper copies of source documents for a 
                minimum of 7 years or images of source documents 
                presented for a minimum of 10 years.
                    ``(C) Subject each person applying for a photo 
                identification to mandatory facial image capture.
                    ``(D) Establish an effective procedure to confirm 
                or verify a renewing applicant's information.
                    ``(E) Confirm with the Social Security 
                Administration a social security account number 
                presented by a person using the full social security 
                account number, and in the event that a social security 
                account number is already registered to or associated 
                with another person to which any State has issued a 
                photo identification, the State shall resolve the 
                discrepancy and take appropriate action.
                    ``(F) Refuse to issue a photo identification to a 
                person holding a driver's license issued by another 
                State without confirmation that the person is 
                terminating or has terminated the driver's license.
                    ``(G) Ensure the physical security of locations 
                where photo identifications are produced and the 
                security of document materials and papers from which 
                identifications are produced.
                    ``(H) Subject all persons authorized to manufacture 
                or produce photo identification to appropriate security 
                clearance requirements.
                    ``(I) Establish fraudulent document recognition 
                training programs for appropriate employees engaged in 
                the issuance of photo identifications.
                    ``(J) Limit the period of validity of all photo 
                identifications that are not temporary to a period that 
                does not exceed 8 years.''.
    (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 
15483(3)), as redesignated by subsection (b), is amended to read as 
follows:
    ``(e) Requirement to Provide Photo Identification.--Subsection (b) 
shall apply with respect to elections for Federal office held in 2008 
and each succeeding year.''.

SEC. 3. ENSURING INTEGRITY OF VOTE COUNTS.

    Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15481(a)) is amended by adding at the end the following new paragraph:
            ``(7) Other steps to ensure integrity in tabulation of 
        votes.--
                    ``(A) Testing of equipment.--Each State shall 
                conduct regular tests of the equipment used to tabulate 
                votes in voting systems to ensure that the system meets 
                the error rate standards described in paragraph (5) and 
                that the equipment works correctly.
                    ``(B) Criminal history background checks for 
                election officials.--
                            ``(i) Requirement.--A State may not permit 
                        any individual to tabulate votes cast on a 
                        voting system, or to certify the tabulation of 
                        votes cast on a system, unless the individual 
                        has satisfactorily undergone a criminal history 
                        background check conducted using the national 
                        criminal history background check system and 
                        State criminal history repositories of all 
                        States in which the individual has resided.
                            ``(ii) Definition.--In clause (i), the term 
                        `national criminal history background check 
                        system' has the meaning given the term in 
                        section 5 of the National Child Protection Act 
                        of 1993 (42 U.S.C. 5119c).
                    ``(C) Permitting parties to observe tabulation.--A 
                State shall permit a representative of each political 
                party with a candidate on the ballot used at a precinct 
                during an election to observe the tabulation of the 
                votes cast on the voting system and the certification 
                of the tabulation of votes cast on the system.''.

SEC. 4. PROHIBITING PER APPLICATION PAYMENTS FOR DISTRIBUTION OR 
              COLLECTION OF VOTER REGISTRATION APPLICATIONS.

    Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544) 
is amended by adding at the end the following new subsection:
    ``(c) Payment on Commission Basis for Distribution or Collection of 
Voter Registration Application Forms.--
            ``(1) In general.--It is unlawful for any person to pay any 
        other person for distributing applications for voter 
        registration in elections for Federal office, or for collecting 
        completed or partially completed applications for voter 
        registration in elections for Federal office, if the amount of 
        the payment is determined on the basis of the number of 
        applications distributed or collected.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined in accordance with title 18, United States Code, 
        imprisoned for not more than 2 years, or both.''.

SEC. 5. ADDITIONAL REQUIREMENTS FOR VOTING SYSTEMS.

    (a) Production of Permanent, Individually Verifiable Paper Record 
of Each Vote Cast.--Section 301(a)(2)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15481(a)(2)(B)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) After the voter enters a vote on the 
                        voting system, the system shall provide the 
                        voter with an auditable paper record showing 
                        how the vote will be recorded by the system, 
                        and the voter shall use such record to verify 
                        that the vote shown is the vote the voter 
                        intends to cast.
                            ``(ii) If the voter does not verify that 
                        the vote shown on a record provided under 
                        clause (i) is the vote the voter intends to 
                        cast, the system shall provide the voter with 
                        the opportunity to change the ballot and 
                        correct any error in the vote, and shall 
                        provide the voter with a new auditable paper 
                        record under such clause that reflects the 
                        change or correction made by the voter.
                            ``(iii) Once a voter verifies that the vote 
                        shown on a paper record provided under clause 
                        (i) is the vote the voter intends to cast 
                        (whether verified as originally entered or as 
                        changed and corrected as described in clause 
                        (ii)), the vote shall be final and the record 
                        shall serve as a permanent paper record of the 
                        vote.''.
    (b) Prohibiting Removal of Paper Record From Polling Place; 
Clarifying Purposes for Which Record May Be Used.--Clause (iv) of 
section 301(a)(2)(B) of such Act (42 U.S.C. 15481(a)(2)(B)), as 
redesignated by subsection (a)(1), is amended by striking the period at 
the end and inserting the following: ``, and for such other official 
purposes as may be provided under State law, and may be removed from 
the polling place by and otherwise made available to an appropriate 
election official for such purposes, but the record (including any 
duplicate of the record or any photographic image of the record) may 
not be removed from the polling place by any other person or for any 
other purpose.''.
    (c) Requiring Voluntary Voting System Guidelines to Include 
Guidelines to Ensure Security of Electronic Data.--Section 221(b)(1) of 
such Act (42 U.S.C. 15361(b)(1)) is amended by striking the period at 
the end and inserting the following: ``, including guidelines to ensure 
the security of any data which is transmitted or received 
electronically by voting systems''.
    (d) Effective Date.--The amendments made by 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.
                                 <all>