[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3316 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3316

 To prohibit election officials from requiring individuals to provide 
photo identification as a condition of obtaining or casting a ballot in 
an election for Federal office or registering to vote in elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2011

Mr. Ellison (for himself and Ms. Moore) introduced the following bill; 
      which was referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
 To prohibit election officials from requiring individuals to provide 
photo identification as a condition of obtaining or casting a ballot in 
an election for Federal office or 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 Access Protection Act of 
2011''.

SEC. 2. PROHIBITING STATES FROM IMPOSING PHOTO IDENTIFICATION 
              REQUIREMENT FOR VOTING OR REGISTERING TO VOTE IN FEDERAL 
              ELECTIONS.

    (a) Prohibition.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (42 U.S.C. 15481 et seq.) is amended by inserting after 
        section 303 the following new section:

``SEC. 303A. PROHIBITING ELECTION OFFICIALS FROM REQUIRING INDIVIDUALS 
              TO PRESENT PHOTO IDENTIFICATION.

    ``(a) Photo Identification as a Condition of Voting.--Except to the 
extent permitted under section 303(b), a State or local election 
official may not--
            ``(1) require an individual to present a photo 
        identification (or, in the case of an individual who desires to 
        vote by mail, a copy of a photo identification) as a condition 
        of obtaining or casting a ballot in an election for Federal 
        office; or
            ``(2) require an individual to cast a provisional ballot 
        under section 302 solely on the grounds that the individual 
        does not present a photo identification at the polling place.
    ``(b) Photo Identification as a Condition of Registering To Vote.--
A State or local election official may not require an individual to 
provide a photo identification (or, in the case of an individual who 
desires to register to vote by mail or online, a copy or electronic 
copy of a photo identification) as a condition of registering to vote 
in an election for Federal office.''.
            (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. Prohibiting election officials from requiring individuals 
                            to present photo identification.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring after the date of the enactment of this Act.
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