Requirements for photo identification and proof of citizenship with respect to District of Columbia elections

(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 306 and 307, respectively; and(2)by inserting after section 303 the following new sections:

304.

Requirements for photo identification in District of Columbia elections

(a)

Requiring provision of identification To receive a ballot or vote

(1)

Individuals voting in person

A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3).(2)

Individuals voting other than in person

A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3).(3)

Identification described

An identification described in this paragraph is, with respect to an individual, any of the following:(A)A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B)A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal Government.(C)Any current and valid photo identification of the individual which is issued by a Tribal Government.(D)A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).(E)The last 4 digits of the individual's social security number.(4)

Ensuring proof of residence

If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which—(A)provides the address of the individual’s residence; and(B)such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual.(b)

Provision of identification without cost to indigent individuals

If the District of Columbia charges an individual a fee for an identification described in subsection (a)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost.(c)

Special rule with respect to sincerely held religious beliefs

In the case of an individual who is unable to comply with the requirements of subsection (a) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (a)(3).(d)

Designation of District of Columbia agency To provide copies of identification

The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (a)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (a)(2). (e)

Inclusion of photos in poll books

(1)

Methods for obtaining photos

(A)

Provision of photos by offices of District of Columbia government

If any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia.(B)

Taking of photos at polling place

If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia.(C)

Copies of photos provided by individuals not voting in person

The election official who receives a copy of an identification described in subsection (a)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia.(2)

Inclusion in poll books

The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals.(3)

Protection of privacy of voters

The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose.(f)

Exceptions

This section does not apply with respect to any individual who is—(1)entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.);(2)provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or(3)entitled to vote otherwise than in person under any other Federal law.(g)

Definitions

For the purposes of this section, the following definitions apply:(1)

District of Columbia election

The term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum. (2)

Indian tribe

The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(3)

Tribal government

The term Tribal Government means the recognized governing body of an Indian Tribe.

305.

Requiring proof of United States citizenship to register to vote in a District of Columbia election

(a)

In general

An individual may not register to vote in a District of Columbia election unless, at the time the individual applies to register to vote, the individual provides documentary proof that the individual is a citizen of the United States.(b)

District of Columbia election defined

In this section, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.

(b)

Conforming amendment relating to enforcement

Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking and 303 and inserting 303, 304, and 305.(c)

Clerical amendment

The table of contents of such Act is amended—(1)by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307, respectively; and(2)by inserting after the item relating to section 303 the following new items:

Sec. 304. Requirements for photo identification in District of Columbia elections.

Sec. 305. Requiring proof of United States citizenship to register to vote in a District of Columbia election.