[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 861 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 861

To amend the Help America Vote Act of 2002 to permit an individual who 
is subject to a requirement to present identification as a condition of 
 voting in an election for Federal office to meet such requirement by 
  presenting a sworn written statement attesting to the individual's 
                identification, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2023

 Mr. Larsen of Washington (for himself and Mr. Veasey) 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 permit an individual who 
is subject to a requirement to present identification as a condition of 
 voting in an election for Federal office to meet such requirement by 
  presenting a sworn written statement attesting to the individual's 
                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 ``America Votes Act of 2023''.

SEC. 2. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET 
              IDENTIFICATION REQUIREMENTS FOR VOTING.

    (a) Permitting Use of Statement.--Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting 
after section 303 the following new section:

``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET 
              IDENTIFICATION REQUIREMENTS.

    ``(a) Use of Statement.--
            ``(1) In general.--Except as provided in subsection (c), if 
        a State has in effect a requirement that an individual present 
        identification as a condition of receiving and casting a ballot 
        in an election for Federal office, the State shall permit the 
        individual to meet the requirement--
                    ``(A) in the case of an individual who desires to 
                vote in person, by presenting the appropriate State or 
                local election official with a sworn written statement, 
                signed by the individual under penalty of perjury, 
                attesting to the individual's identification and 
                attesting that the individual is registered to vote in 
                the election; or
                    ``(B) in the case of an individual who desires to 
                vote by mail, by submitting with the ballot the 
                statement described in subparagraph (A).
            ``(2) Providing pre-printed copy of statement.--A State 
        which is subject to paragraph (1) shall--
                    ``(A) prepare a pre-printed version of the 
                statement described in paragraph (1)(A) which includes 
                a blank space for an individual to provide a name and 
                signature;
                    ``(B) make copies of the pre-printed version 
                available at polling places for election officials to 
                distribute to individuals who desire to vote in person; 
                and
                    ``(C) include a copy of the pre-printed version 
                with each blank absentee or other ballot transmitted to 
                an individual who desires to vote by mail.
    ``(b) Requiring Use of Regular Ballot.--A State may not require an 
individual who presents or submits a sworn written statement in 
accordance with subsection (a)(1) to cast a provisional ballot in the 
election under section 302.
    ``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual 
described in paragraph (1) of section 303(b) who is required to meet 
the requirements of paragraph (2) of such section.''.
    (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 303A''.
    (c) 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. Permitting use of sworn written statement to meet 
                            identification requirements.''.

SEC. 3. REQUIRING STATES TO INCLUDE INFORMATION ON USE OF SWORN WRITTEN 
              STATEMENT IN VOTING INFORMATION MATERIAL POSTED AT 
              POLLING PLACES.

    Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 
21082(b)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) in the case of a State that has in effect a 
                requirement that an individual present identification 
                as a condition of receiving and casting a ballot in an 
                election for Federal office, information on how an 
                individual may meet such requirement by presenting a 
                sworn written statement in accordance with section 
                303A.''.

SEC. 4. EFFECTIVE DATE.

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