H. R. 9368 (Reported-in-House)

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. 21081 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 physical 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 3 days after casting the provisional ballot, the individual presents to the official—

“(I) the identification required under subparagraph (A); or

“(II) an affidavit developed and made available to the individual by the State 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—

“(i) submits with the ballot a copy of a valid photo identification;

“(ii) submits with the ballot the last four digits of the individual’s Social Security number and an affidavit developed and made available to the individual by the State attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain such a copy; or

“(iii) includes a notarization by a notary public attesting that the individual has personally marked the ballot.

“(B) EXCEPTIONS.—Subparagraph (A) does not apply with respect to a ballot provided by—

“(i) an absent uniformed services voter, as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)); or

“(ii) an individual 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)).

“(b) Providing public access to digital imaging devices.—With respect to each State, the appropriate State or local government official of the State shall ensure, to the extent practicable, public access to a digital imaging device, which shall include a printer, copier, image scanner, or multifunction machine, at State and local government buildings in the State, including courts, libraries, and police stations, for the purpose of allowing individuals to use such a device at no cost to the individual to make a copy of a valid photo identification.

“(c) 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.

“(d) Valid photo identification defined.—For purposes of this section, a ‘valid photo identification’ means, with respect to an individual who seeks to vote in an election for Federal office, 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 issued by a State motor vehicle authority.

“(3) A valid United States passport for the individual.

“(4) A valid photo identification card for the individual issued by the Department of Defense or the Department of Veterans Affairs.

“(5) A valid identification document issued by a Tribal government that includes a photo of the individual and an expiration date.”.

(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, the date that is 90 days after the date of the enactment of the Voter ID Act.”.

(c) Conforming amendment relating to enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, 303, and 304” and inserting “subtitle A of title III”.

(d) Effective Date.—This section and the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 3. Grant program for provision of State and Tribal identification.

(a) In general.—Subtitle D of title II of the Help America Vote Act of 2002 (Public Law 107–252; 52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:

“PART 7—Grant Program for Provision of Identification

“SEC. 298. Grant program for provision of identification.

“(a) Grants to States.—

“(1) IN GENERAL.—The Commission shall make grants to each State that provides identification described in paragraph (2) without charge to any individual who—

“(A) is eligible for such identification; and

“(B) provides an attestation under penalty of perjury that the individual cannot afford to pay the fee otherwise charged by the State for the provision of the identification.

“(2) IDENTIFICATION DESCRIBED.—An identification described in this subsection is—

“(A) a State-issued motor vehicle driver’s license that includes a photo of the individual and an expiration date; and

“(B) an identification card issued by a State motor vehicle authority that includes a photo of the individual and an expiration date.

“(b) Grants to Tribes.—

“(1) IN GENERAL.—The Commission shall make grants to each Tribal government that provides identification described in paragraph (2) without charge to any individual who—

“(A) is eligible for such identification; and

“(B) provides an attestation under penalty of perjury that the individual cannot afford to pay such fee.

“(2) IDENTIFICATION DESCRIBED.—An identification described in this subsection is an identification document issued by a Tribal government that includes a photo of the individual and an expiration date.

“(3) TRIBAL GOVERNMENT.—In this subsection, the term ‘Tribal government’ means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.).”.

(b) Clerical amendment.—The table of contents of such Act is amended by inserting after the item relating to section 296 the following:

“PART 7—GRANT PROGRAM FOR PROVISION OF IDENTIFICATION

“Sec. 298. Grant program for provision of identification.”.