[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4155 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4155
To require voters to provide photo identification as a condition of
casting a ballot, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2026
Mr. Husted introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To require voters to provide photo identification as a condition of
casting a ballot, 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. 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 submits with the
ballot--
``(i) a copy of a valid photo
identification; or
``(ii) 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.
``(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) 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
issued by a State motor vehicle authority.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) A valid identification document issued by a Tribal
government that includes a photo of the individual and an
expiration date.
``(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) Effective Date.--This section shall take effect on the date
of the enactment of this section, and shall apply with respect to
elections for Federal office held on or after such 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 of enactment of this paragraph.''.
(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 of the enactment of this Act, and
shall apply with respect to elections for Federal office held on or
after such date.
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