Short title

This Act may be cited as the

Believe In Delaware Election Nobility Act

or the

BIDEN Act

Restrictions on certain voter registration activities

(a)

Prohibition of automatic voter registration

Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended—(1)by redesignating subsection (j) as subsection (k); and(2)by inserting after subsection (i) the following new subsection:

(j)

Prohibiting registration pursuant to automatic voter registration system

(1)

Prohibition

A State may not register an individual to vote in elections for Federal office pursuant to an automatic voter registration system.(2)

Definition

In this subsection, the term automatic voter registration system means, with respect to a State, a system that registers an individual to vote in elections for Federal office in the State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections.

(b)

Voter registration deadline

Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking not later than the lesser of 30 days, or the period provided by State law, before the date of the election each place it appears and inserting not later than the fourth Saturday prior to the date of the election.(c)

Effective date

This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.

Requiring in person voters to provide identification

(a)

Requirements

Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—(1)by redesignating sections 304 and 305 as sections 305 and 306; and(2)by inserting after section 303 the following new section:

304.

Mandatory provision of identification for in person voting

(a)

Identification requirements for voters who vote in person

Notwithstanding any other provision of law and except as provided in subsection (b) and section 302(a), the appropriate State or local election official may not provide an individual a ballot to vote in person at a polling place in the State in an election for Federal office unless the individual provides to such official proof of identity and address.(b)

Exception

Notwithstanding subsection (a), the appropriate State or local election official shall provide a ballot for an election for Federal office to an individual who desires to vote in person if the individual presents the appropriate State or local election official with a sworn written statement attesting to the individual’s identity.(c)

Effective date

This section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.

(b)

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 304.(c)

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

and inserting

and requirements for mail-in registration forms

;(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 and requirements for mail-in registration forms.

(d)

Clerical amendments

The table of contents of such Act is amended—(1)by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and(2)by inserting after the item relating to section 303 the following new item:

Sec. 304. Mandatory provision of identification for in person voting.

Requirements with respect to voting by absentee ballot

(a)

Requirements

Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a), is amended—(1)by redesignating sections 305 and 306 as sections 306 and 307, respectively; and(2)by inserting after section 304 the following new section:

305.

Requirements with respect to voting by absentee ballot

(a)

Individuals eligible To receive absentee ballot

(1)

Excusable reasons to receive absentee ballot

A State may not provide to an individual an absentee ballot to vote in an election for Federal office unless such individual meets the application requirements described in paragraph (2) and is unable to vote in person at the appropriate polling place in the State on the date of the election for any of the following reasons:(A)The business or occupation of the individual prevents such individual from voting in person on the date of the election.(B)The individual is unable to vote in person on the date of the election because such individual provides care to a parent, spouse, or child with an illness, disability, or injury that requires constant care. (C)The individual suffers from a physical ailment or is an individual with a disability that substantially limits any major life activities.(D)The individual will be absent from the jurisdiction in which the individual is registered to vote on the date of the election.(E)The individual is unable to vote in person on the date of the election due to sincerely held religious beliefs.(F)The individual is entitled to vote by absentee ballot under any other Federal law.(2)

Application requirements

A State may not provide to an individual an absentee ballot to vote in an election for Federal office unless—(A)the individual submits an application to the appropriate State or local election official and such application is received by the official not later than noon on the date before the date of the election; and(B)the application includes—(i)the individual’s name and address;(ii)the reason such individual is unable to vote in person at the appropriate polling place in the State on the date of the election and such reason is an excusable reason described in paragraph (1); and(iii)a sworn written statement attesting to the individual’s identity.(b)

Restrictions on delivery of voted absentee ballots

A voted absentee ballot delivered to the appropriate election official in an election for Federal office by an individual who is not the voter shall not be counted unless the individual who delivers such ballot is acting with respect to the individual’s official duties as authorized by law and is—(1)an election official;(2)an employee of the United States Postal Service; or(3)any other individual who is authorized by law to collect and transmit United States mail.(c)

Requirements for collection of absentee ballots

The appropriate State or local election official shall collect voted absentee ballots in an election for Federal office delivered to such official in a carrier envelope which is designed to protect such ballots from tampering, removal, or substitution without detection and which shall—(1)contain absentee ballots from a single jurisdiction; (2)be labeled to reflect the jurisdiction for which the absentee ballots are to be counted; and(3)be sealed by such official at the time at which the polls in the election close on the date of the election.(d)

Prohibiting use of drop boxes for collection of ballots

A State may not use a drop box for the collection of voted absentee ballots in an election for Federal office unless the drop box is located inside a building which serves as an office for a State or local election official.(e)

Prohibiting acceptance of absentee ballots received after date of election

A State may not accept a voted absentee ballot in an election for Federal office which is not received by the appropriate State or local election official prior to the time at which the polls in the election close on the date of the election.(f)

Exception for absent military and overseas voters

This section, except with respect to the absentee ballot collection requirements specified in subsection (c), shall not apply with respect to any individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).(g)

Effective date

This section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.

(b)

Conforming amendment relating to enforcement

Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by section 3(b), is amended by striking and 304 and inserting 304, and 305.(c)

Clerical amendment

The table of contents of such Act, as amended by section 3(d), is amended—(1)by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and(2)by inserting after the item relating to section 304 the following new item:

Sec. 305. Requirements with respect to voting by absentee ballot.

Prohibition against early voting period

(a)

Requirements

Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a) and section 4(a), is amended—(1)by redesignating sections 306 and 307 as sections 307 and 308, respectively; and(2)by inserting after section 305 the following new section:

306.

Prohibition against early voting period

(a)

In general

A State may not allow individuals to vote at a polling place in the State in an election for Federal office during an early voting period which occurs prior to the date of the election in the same manner as voting is allowed on such date.(b)

Effective date

This section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.

(b)

Conforming amendment relating to enforcement

Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by section 3(b) and section 4(b), is amended by striking and 305 and inserting 305, and 306.(c)

Clerical amendment

The table of contents of such Act, as amended by section 3(d) and section 4(c), is amended—(1)by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and(2)by inserting after the item relating to section 305 the following new item:

Sec. 306. Prohibition against early voting period.