[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2090 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2090

    To amend the Help America Vote Act of 2002 to require voters in 
   elections for Federal office to provide photo identification as a 
    condition of casting a ballot in such elections, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2017

  Mr. Messer 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 voters in 
   elections for Federal office to provide photo identification as a 
    condition of casting a ballot in such elections, 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 ``Election Integrity Act of 2017''.

SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement To Provide Photo Identification as Condition of 
Casting Ballot.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (52 U.S.C. 15481 et seq.) is amended by inserting after 
        section 303 the following new section:

``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.

    ``(a) Provision of Identification Required as Condition of Casting 
Ballot.--
            ``(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 may not provide a ballot for 
                an election for Federal office to an individual who 
                desires to vote in person unless the individual 
                presents to the official a valid photo identification.
                    ``(B) Availability of provisional ballot.--
                            ``(i) In general.--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 may 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 10 days after 
                        casting the provisional ballot, the individual 
                        presents to the official--
                                    ``(I) the identification required 
                                under subparagraph (A); or
                                    ``(II) an affidavit attesting that 
                                the individual does not possess the 
                                identification required under 
                                subparagraph (A) because the individual 
                                has a religious objection to being 
                                photographed.
                            ``(ii) No effect on other provisional 
                        balloting rules.--Nothing in clause (i) may be 
                        construed to apply to the casting of a 
                        provisional ballot pursuant to section 302(a) 
                        or any State law for reasons other than the 
                        failure to present the identification required 
                        under subparagraph (A).
            ``(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 
                may not accept any ballot for an election for Federal 
                office provided by an individual who votes other than 
                in person unless the individual submits with the ballot 
                a copy of a valid photo identification.
                    ``(B) Exception for overseas military voters.--
                Subparagraph (A) does not apply with respect to a 
                ballot provided by 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 (52 U.S.C. 20310(1)), 
                other than an individual described in section 107(1)(C) 
                of such Act.
    ``(b) Provision of Identifications Without Charge to Individuals 
Unable To Pay Costs of Obtaining Identification.--If an individual 
presents a State or local election official with an affidavit attesting 
that the individual is unable to pay the costs associated with 
obtaining a valid photo identification under this section, the official 
shall provide the individual with a valid photo identification under 
this subsection without charge to the individual.
    ``(c) Valid Photo Identifications Described.--For purposes of this 
section, a `valid photo identification' means, with respect to an 
individual who seeks to vote in a State, any of the following:
            ``(1) A valid State-issued motor vehicle driver's license 
        that includes a photo of the individual and an expiration date.
            ``(2) A valid State-issued identification card that 
        includes a photo of the individual and an expiration date.
            ``(3) A valid United States passport for the individual.
            ``(4) A valid military identification for the individual.
            ``(5) Any other form of government-issued identification 
        that the State may specify as a valid photo identification for 
        purposes of this subsection.
    ``(d) Notification of Identification Requirement to Applicants for 
Voter Registration.--
            ``(1) In general.--Each State shall ensure that, at the 
        time an individual applies to register to vote in elections for 
        Federal office in the State, the appropriate State or local 
        election official notifies the individual of the photo 
        identification requirements of this section.
            ``(2) Special rule for individuals applying to register to 
        vote online.--Each State shall ensure that, in the case of an 
        individual who applies to register to vote in elections for 
        Federal office in the State online, the online voter 
        registration system notifies the individual of the photo 
        identification requirements of this section before the 
        individual completes the online registration process.
    ``(e) Treatment of States With Photo Identification Requirements in 
Effect as of Date of Enactment.--If, as of the date of the enactment of 
this section, a State has in effect a law requiring an individual to 
provide a photo identification as a condition of casting a ballot in 
elections for Federal office held in the State and the law remains in 
effect on and after the effective date of this section, the State shall 
be considered to meet the requirements of this section if--
            ``(1) the State submits a request to the Attorney General 
        and provides such information as the Attorney General may 
        consider necessary to determine that the State has in effect 
        such a law and that the law remains in effect; and
            ``(2) the Attorney General approves the request.
    ``(f) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2020 or any succeeding year.''.
            (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. Photo identification requirements.''.
    (b) Conforming Amendment Relating to Voluntary Guidance by Election 
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 303A, October 1, 2018.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (d) Conforming Amendments Relating to Repeal of Existing Photo 
Identification Requirements for Certain Voters.--
            (1) In general.--Section 303 of such Act (42 U.S.C. 15483) 
        is amended--
                    (A) in the heading, by striking ``and requirements 
                for voters who register by mail'';
                    (B) in the heading of subsection (b), by striking 
                ``for Voters Who Register by Mail'' and inserting ``for 
                Mail-In Registration Forms'';
                    (C) in subsection (b), by striking paragraphs (1) 
                through (3) and redesignating paragraphs (4) and (5) as 
                paragraphs (1) and (2), respectively; and
                    (D) 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)''.
            (2) 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.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to elections for Federal office held 
in 2020 or any succeeding year.
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