[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6408 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6408

 To amend the Help America Vote Act of 2002 to require each individual 
 who desires to vote in an election for Federal office to provide the 
     appropriate election official with a government-issued photo 
                identification, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2012

Mr. Walsh of Illinois 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 each individual 
 who desires to vote in an election for Federal office to provide the 
     appropriate election official with a government-issued photo 
                identification, 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 ``Federal Election Integrity Act of 
2012''.

SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement To Provide Photo Identification as Condition of 
Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002 
(42 U.S.C. 15483(b)) is amended--
            (1) in the heading, by striking ``for Voters Who Register 
        by Mail'' and inserting ``for Providing Photo Identification''; 
        and
            (2) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) Individuals voting in person.--
                    ``(A) Requirement to provide identification.--
                Notwithstanding any other provision of law and except 
                as provided in subparagraph (B), the appropriate State 
                or local election official shall not provide a ballot 
                for an election for Federal office to an individual who 
                desires to vote in person unless--
                            ``(i) the individual presents to the 
                        official a government-issued, current, and 
                        valid photo identification of the individual; 
                        and
                            ``(ii) the election official verifies that 
                        the photo identification presented is of the 
                        individual who requests the ballot.
                    ``(B) Availability of provisional ballot.--If an 
                individual does not present the identification required 
                under subparagraph (A), the individual shall be 
                permitted to cast a provisional ballot with respect to 
                the election under section 302(a), except that the 
                appropriate State or local election official shall not 
                make a determination under section 302(a)(4) that the 
                individual is eligible under State law to vote in the 
                election unless, not later than 48 hours after casting 
                the provisional ballot--
                            ``(i) the individual presents the 
                        identification required under subparagraph (A) 
                        to the official; and
                            ``(ii) the election official verifies that 
                        the photo identification presented is of the 
                        individual who cast the provisional ballot.
            ``(2) Individuals voting other than in person.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), the appropriate State or local election official 
                shall not accept any ballot for an election for Federal 
                office provided by an individual who votes other than 
                in person unless--
                            ``(i) the individual submits with the 
                        ballot a copy of a government-issued, current, 
                        and valid photo identification of the 
                        individual; and
                            ``(ii) the election official verifies that 
                        the photo identification presented is of the 
                        individual who provides the ballot.
                    ``(B) In person requests for ballots to vote other 
                than in person.--Notwithstanding any other provision of 
                law and except as provided in subparagraph (B), the 
                appropriate State or local election official shall not 
                provide a ballot for voting other than in person to an 
                individual who makes a request for such a ballot in 
                person unless--
                            ``(i) the individual presents to the 
                        official a government-issued, current, and 
                        valid photo identification of the individual; 
                        and
                            ``(ii) the election official verifies that 
                        the photo identification presented is of the 
                        individual who requests the ballot.
                    ``(C) Exception for overseas military voters.--
                Subparagraphs (A) and (B) do not apply with respect to 
                an absent uniformed services voter who, by reason of 
                active duty or service, is absent from the United 
                States on the date of the election involved. In this 
                subparagraph, the term `absent uniformed services 
                voter' has the meaning given such term in section 
                107(1) of the Uniformed and Overseas Citizens Absentee 
                Voting Act (42 U.S.C. 1973ff-6(1)), other than an 
                individual described in section 107(1)(C) of such Act.
            ``(3) Specific requirements for identifications.--For 
        purposes of paragraphs (1) and (2), an identification is 
        `government-issued' with respect to an individual if it is 
        issued by the Federal Government or by the government of the 
        State in which the individual seeks to cast a ballot. Nothing 
        in this subsection shall be construed to prohibit the Federal 
        Government or a State from requiring an individual who requests 
        a photo identification to present such information as may be 
        necessary to ensure that the individual is the individual for 
        whom the identification is sought, or from imposing any other 
        requirements deemed necessary to ensure the integrity or 
        accuracy of any such photo identifications.''.
    (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 
15483) is amended--
            (1) in the heading, by striking ``for voters who register 
        by mail'' and inserting ``for providing photo identification''; 
        and
            (2) 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)''.
    (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 providing photo 
                            identification.''.
    (d) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall apply with respect to elections for Federal 
        office held on or after January 1, 2014.
            (2) Conforming amendment.--Section 303(d)(2) of such Act 
        (42 U.S.C. 15483(d)(2)) is amended to read as follows:
            ``(2) Requirement to provide photo identification.--
        Paragraphs (1) and (2) of subsection (b) shall apply with 
        respect to elections for Federal office held on or after 
        January 1, 2014.''.

SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE.

    (a) Requiring States To Make Identification Available.--Section 
303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as 
amended by section 2(a)(2), is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6); and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Making photo identifications available.--
                    ``(A) In general.--During fiscal year 2014 and each 
                succeeding fiscal year, each State shall establish a 
                program to provide photo identifications which may be 
                used to meet the requirements of paragraphs (1) and (2) 
                by individuals who desire to vote in elections held in 
                the State but who do not otherwise possess a 
                government-issued photo identification.
                    ``(B) Identifications provided at no cost to 
                indigent individuals.--If a State charges an individual 
                a fee for providing a photo identification under the 
                program established under subparagraph (A)--
                            ``(i) the fee charged may not exceed the 
                        reasonable cost to the State of providing the 
                        identification to the individual; and
                            ``(ii) the State may not charge a fee to 
                        any individual who provides an attestation that 
                        the individual is unable to afford the fee.
                    ``(C) Identifications not to be used as motor 
                vehicle licenses.--Any photo identification provided 
                under the program established under subparagraph (A) 
                may not serve as a government-issued photo 
                identification for purposes of operating a motor 
                vehicle or any related purpose.''.
    (b) Payments to States To Cover Costs.--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:

``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO 
                          INDIGENT INDIVIDUALS

``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO 
              IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS.

    ``(a) Payments to States.--The Commission shall make payments to 
States to cover the costs incurred in providing photo identifications 
under the program established under section 303(b)(4) to individuals 
who are unable to afford the fee that would otherwise be charged under 
the program.
    ``(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 of fees which 
would have been collected by the State during the year under the 
program established under section 303(b)(4) but for the application of 
section 303(b)(4)(B)(ii), 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.
    ``(c) Ensuring Budget Neutrality by Corresponding Reduction in 
Requirements Payment.--The amount of any requirements payment made to a 
State under part 1 of subtitle D for a fiscal year shall be reduced by 
the amount of any payment made to a State under this part for the 
fiscal year.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part an aggregate amount of $5,000,000 for fiscal year 2014 and each of 
the 4 succeeding fiscal years.''.
    (c) 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 to 
                          Indigent Individuals

``Sec. 297. Payments to cover costs to States of providing photo 
                            identifications for voting to indigent 
                            individuals.
``Sec. 297A. Authorization of appropriations.''.
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