109 HR 5913 IH: To amend the Help America Vote Act of 2002 to require an U.S. House of Representatives 2006-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5913 IN THE HOUSE OF REPRESENTATIVES July 26, 2006 Mr. Tancredo introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, 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 amend the Help America Vote Act of 2002 to require an individual to provide proof that the individual is a citizen of the United States and to present a government-issued photo identification as a condition of casting a ballot in an election for Federal office, and for other purposes.

1.

Short Title

This Act may be cited as the Voter Integrity Protection Act of 2006.

2.

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 2008 and each succeeding election for Federal office. .

3.

Requiring Photo Identification

(a)

Requirement

(1)

In general

Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (A)by redesignating sections 304 and 305 as sections 305 and 306; and (B)by inserting after section 303 the following new section:

304.

Requiring Voters to Present Photo Identification

(a)

In General

Notwithstanding section 303(b), each State shall require any individual who desires to cast a ballot in an election for Federal office— (1)in the case of an individual voting in person, to present to the appropriate election official a current valid photo identification which is issued by a governmental entity; or (2)in the case of an individual voting by mail, to submit with the ballot a copy of a current valid photo identification which is issued by a governmental entity. (b)

Making photo identifications available at no cost for purposes of casting ballots in elections

(1)

In general

Each State shall establish a program to provide photo identifications which may be used to meet the requirements of subsection (a) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification, at no cost to the individual. (2)

Identifications not to be used for other purposes

Any photo identification provided under the program established under paragraph (1) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections. (c)

Effective Date

Each State shall be required to comply with the requirements of this section (a) with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.

. (2)

Conforming amendments

(A)

Effect on current requirements

Section 303(b)(1) of such Act (42 U.S.C. 15483(b)(1)) is amended by striking paragraph (3) and inserting paragraph (3) and section 304. (B)

Enforcement

Section 401 of such Act (42 U.S.C. 15511) is amended by striking and 303 and inserting 303, and 304. (3)

Clerical amendment

The table of contents of such Act is amended— (A)by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (B)by inserting after the item relating to section 303 the following: Sec. 304. Requiring voters to present photo identification. . (b)

Payments to States To Cover Costs of Making Photo Identifications Available

(1)

In general

Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: 7

Payments to Cover Costs of Providing Photo Identifications

297.

Payments to Cover Costs to States of Providing Photo Identifications For Voting

(a)

Payments to States

The Commission shall make payments each year to reimburse the States for the costs incurred in providing photo identifications under the program established under section 304(b)(1). (b)

Amount of Payment

The amount of the payment made to a State under this part for any year shall be equal to the amount expended by the State during the year in carrying out the program established under section 304(b)(1), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require.

297A.

Authorization of Appropriations

There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2008 and each succeeding fiscal year.

. (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 Cover Costs of Providing Photo Identifications Sec. 297. Payments to cover costs to States of providing photo identifications for voting. Sec. 297A. Authorization of appropriations. .

4.

Withholding of highway funds

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

167.

Requirements for preventing voting fraud

(a)

Withholding of apportionments for noncompliance

On October 1, 2008, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) the following percentage of such amounts: (1)For fiscal year 2009, 10 percent. (2)For fiscal year 2010, 20 percent. (3)For fiscal year 2011, 30 percent. (4)For fiscal year 2012, and each fiscal year thereafter, 40 percent. (b)

Requirement

A State meets the requirements of this subsection if the State has enacted and is enforcing, as determined by the Election Assistance Commission, a law that complies with the requirements of sections 303(c) and 304 of the Help America Vote Act of 2002 (42 U.S.C. 15483(c) and 42 U.S.C. 15484). (c)

Period of availability; effect of compliance and noncompliance

If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the State meets the requirements of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, the State does not meet the requirements of subsection (b), any amounts so withheld from the State shall lapse.

. (b)

Clerical Amendment

The analysis for such chapter is amended by adding at the end the following: 167. Requirements for preventing voting fraud. .