[Congressional Record (Bound Edition), Volume 152 (2006), Part 13]
[Extensions of Remarks]
[Pages 18574-18576]
[From the U.S. Government Publishing Office, www.gpo.gov]




  CBO ESTIMATE ON H.R. 4844, THE ``FEDERAL ELECTION INTEGRITY ACT OF 
                                 2006''

                                 ______
                                 

                         HON. VERNON J. EHLERS

                              of michigan

                    in the house of representatives

                      Tuesday, September 19, 2006

  Mr. EHLERS. Mr. Speaker, please find attached the Congressional 
Budget Office's estimate for the legislation, H.R. 4844, the Federal 
Election Integrity Act of 2006, as reported by the Committee on House 
Administration.

                                                    U.S. Congress,


                                  Congressional Budget Office,

                               Washington, DC, September 19, 2006.
     Hon. Vernon J. Ehlers,
     Chairman, Committee on House Administration,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 4844, the 
     Federal Election Integrity Act of 2006.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contacts are Matthew 
     Pickford (for federal costs), Sarah Puro (for the impact on 
     state and local governments), and Paige Piper/Bach (for the 
     impact on the private sector).
           Sincerely,
                                                 Donald B. Marron,
                                                  Acting Director.
           Enclosure.
     H.R. 4844--Federal Election Integrity Act of 2006
       Summary: H.R. 4844 would amend the Help America Vote Act of 
     2002 to require all voters in federal elections to display a 
     valid and current photo identification card issued by a 
     government agency. The requirement would begin with the 
     November 2008 federal election. The legislation would require 
     the photo identification cards to document U.S. citizenship 
     by the 2010 federal election. The legislation would require 
     states to provide photo identification cards to all eligible 
     voters who cannot pay for them, and it would authorize 
     appropriations for the Election Assistance Commission (EAC) 
     to reimburse states for those costs. CBO estimates that 
     implementing H.R. 4844 would cost about $1 million in 2007 
     and $77 million over the 2007-2011 period, assuming 
     appropriation of the necessary amounts.
       H.R 4844 contains intergovernmental mandates as defined in 
     the Unfunded Mandates Reform Act (UMRA). Beginning in 2008, 
     the bill would:
       Require state and local governments to establish a program 
     that would make certain forms of photo identification 
     available to those who currently do not have it;
       Prohibit state and local governments from allowing 
     individuals without proper photo identification to vote; and
       Prohibit states from charging a fee for such identification 
     if the applicant cannot afford the fee.
       While the aggregate costs to state, local, and tribal 
     governments of complying with these mandates is uncertain, 
     CBO estimates that they would far exceed the threshold 
     established in UMRA ($64 million in 2006, adjusted annually 
     for inflation) in at least one of the first five I years 
     after the mandates go

[[Page 18575]]

     into effect. The bill would authorize funds to cover the 
     costs of reimbursing states for providing identification 
     cards to those individuals that cannot afford them, which CBO 
     estimates would total about $70 million over the next few 
     years.
       By requiring individuals to have a government-issued 
     identification to vote in a federal election, H.R. 4844 also 
     would impose new private-sector mandates as defined in UMRA. 
     Based on information from government and other sources, CBO 
     estimates that the cost to comply with those mandates would 
     exceed the annual threshold established by UMRA for private-
     sector mandates ($128 million in 2006, adjusted annually for 
     inflation) in at least one of the first five years the 
     mandates are in effect.
       Estimated cost to the Federal Government: The estimated 
     budgetary impact of H.R. 4844 is shown in the following 
     table. The cost of this legislation falls within budget 
     function 800 (general government).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Photo Identification Card
 Reimbursement:
    Estimated Authorization            0      50      20       1       1
     Level......................
    Estimated Outlays...........       0      44      26       1       1
Election Assistance Commission:
    Estimated Authorization            1       2       2       *       *
     Level......................
    Estimated Outlays...........       1       2       2       *       *
    Total Changes:
        Estimated Authorization        1      52      22       1       1
         Level..................
        Estimated Outlays.......       1      46      28       1       1
------------------------------------------------------------------------
NOTE: * = less than $500,000.

       Basis of estimate: For this estimate, CBO assumes that H.R. 
     4844 will be enacted near the start of fiscal year 2007, that 
     the necessary amounts will be provided for each year, and 
     that spending will follow historical patterns for similar 
     programs.
       Assuming appropriation of the necessary amounts, CBO 
     estimates that implementing H.R. 4844 would cost $1 million 
     in 2007 and $77 million over the 2007-2011 period to 
     reimburse the states for the cost of providing photo 
     identification cards to voters who cannot afford to pay the 
     cost of obtaining a card, and the cost to the EAC to operate 
     the reimbursement program.
     Photo Identification Card Reimbursement
       Starting in fiscal year 2008, section 3 would authorize the 
     appropriation of such sums as are necessary for the EAC to 
     make payments to states to cover the costs of providing 
     government-issued photo identification cards to voters who 
     state that they cannot afford to pay for the cards. The cost 
     of implementing this provision would depend upon the number 
     of voters who receive identification cards for free, and the 
     cost of producing those cards.
       The National Commission on Federal Election Reform 
     estimated in 2001 that up to 10 percent of those eligible to 
     vote do not have official state identification (typically, 
     driver's licenses). The commission assumed that this 
     population consisted of the poor (who may not have cars) and 
     those living in dense urban areas (who may not need cars). 
     Indiana, Georgia, and Missouri currently require voters to 
     have photo identification. Those states estimate that around 
     7 percent of their registered voters do not have a state-
     issued driver's license or identification card.
       Based on the estimates and experience of those states, CBO 
     estimates that about 4 percent of the nation's registered 
     voters--about 7 million individuals--do not have state 
     identification cards and would likely request free 
     identification cards to vote in federal elections. That 
     estimate reflects the expectation that only those registered 
     voters who intend to vote might seek free identification 
     cards.
       States typically charge about $10 to issue an 
     identification card. CBO estimates the cost of providing 
     photo identification for voters who cannot afford them would 
     be about $45 million in 2008 and $72 million over the 2008-
     2011 period, assuming appropriation of the necessary amounts. 
     That amount includes the cost of providing free ID cards to 
     some newly registered voters over the 2010-2011 period.
     Election Assistance Commission
       Section 3 would require the EAC to reimburse the states for 
     the cost of providing free photo identification cards, and to 
     promulgate regulations for obtaining reimbursement. Based on 
     information from the EAC, CBO estimates that additional 
     staffing and administrative requirements necessary for those 
     efforts would cost $1 million in 2007 and $5 million over the 
     2007-2011 period.
       Estimated impact on state, local, and tribal governments: 
     H.R. 4844 contains intergovernmental mandates as defined in 
     UMRA. Beginning in 2008, the bill would:
       Require state and local governments to establish a program 
     that would make certain forms of photo identification 
     available to those who currently do not have it;
       Prohibit state and local governments from allowing 
     individuals without proper photo identification to vote; and
       Prohibit states from charging a fee for such identification 
     if the applicant cannot afford the fee.
       While the aggregate costs to state, local and tribal 
     governments of complying with these mandates is uncertain, 
     CBO estimates that they would far exceed the threshold 
     established in UMRA ($64 million in 2006, adjusted annually 
     for inflation) in at least one of the first five years after 
     the mandates go into effect. The bill would authorize funds 
     to cover the costs of reimbursing states for providing 
     identification cards to individuals that cannot afford them, 
     which CBO estimates would total about $70 million over the 
     next few years.
     Preemption of State Voting Laws
       The bill would prohibit state and local governments from 
     allowing individuals without proper photo identification to 
     vote. This requirement would preempt state laws in the 47 
     states that do not currently require all voters to show photo 
     identification when voting. The preemption, in and of itself, 
     would not impose significant costs on those governments.
     Establishing an Outreach Program
       The bill would require states to ``establish a program'' to 
     provide photo identification cards to meet the requirements 
     of the bill. According to government sources, establishing 
     such a program would require some or all of the following: 
     purchasing certain new equipment, hiring additional staff for 
     certain offices, training current employees, providing 
     outreach activities to educate affected voters via pamphlets, 
     television and radio advertisements, and posting information 
     on state and local Web sites. Costs for each state would vary 
     based on the demographics of the population the state without 
     photo identification and the current voting structure in the 
     state. For example, states that conduct voting by mail would 
     not incur costs to train poll workers, while states that do 
     not currently have a Department of Motor Vehicles office in 
     each county would need to purchase equipment for county 
     offices. CBO estimates that, in aggregate, these costs to 
     establish outreach programs would total about $75 million in 
     2008 and about $50 million in 2010.
     Providing Free Identification Cards
       The bill also would require, starting in 2008, states to 
     provide voter identification cards for free to citizens who 
     cannot afford to pay for one.
       In the three states that currently require voters to show 
     photo identification when voting, states provide such cards 
     for free to those who cannot afford them. CBO expects that 
     those states would comply with this mandate without incurring 
     significant additional costs. The 47 states that do not 
     currently require all voters to show photo identification 
     when voting would be required to issue free cards to indigent 
     citizens. While the costs vary by state, on average, states 
     charge about $10 for identification cards that are not 
     driver's licenses. Based on information from the states that 
     currently have photo identification requirements and on 
     nationwide studies of those without photo identification, CBO 
     expects that about 4 percent of the population likely would 
     apply for and receive a free card as a result of this bill's 
     requirements. CBO estimates that the costs to state, local, 
     and tribal governments would total about $70 million, with 
     most costs occurring in calendar year 2008. The bill would 
     authorize funds to cover these costs.
     Issuing Identification Cards for Proof of Citizenship
       The bill also would require states to issue, by 2010, 
     identification cards for which applicants would be required 
     to provide proof of citizenship. Under current law, states do 
     not collect or place citizenship status of an applicant on 
     their driver's license or other identification cards, 
     although they will begin collecting such information in May 
     2008 under the requirements of the REAL ID Act. CBO expects 
     that by 2010, roughly half of the voting-age population will 
     have a driver's license that complies with the terms of the 
     REAL ID Act, although such licenses would not necessarily 
     comply with the requirements of this bill.
       States could place the citizenship information they collect 
     on these driver's licenses and would incur only small 
     additional costs to comply with the requirements of this 
     bill.
       Of the remaining population (those people whose driver's 
     licenses would not come up for renewal until after November 
     2010), CBO expects that about 20 percent could vote using a 
     passport to prove citizenship. The remaining population--
     about 50 million people--would be required to either renew 
     their driver's licenses early or to obtain voter 
     identification cards as authorized by the bill. The costs of 
     processing such a large number of applications by 2010 would 
     be substantial. While the costs to states would vary, they 
     would include providing new licenses or identification cards, 
     establishing new databases, hiring and training new staff, 
     and providing services to a large number of additional 
     residents. CBO cannot estimate the total costs of this 
     mandate, but they likely would far exceed the threshold 
     established in UMRA.
       State governments may choose to use revenues received from 
     fees to cover the expenses associated with this mandate. 
     Under UMRA, however, these revenues are considered a means of 
     financing and as such are not counted against the mandate 
     costs of H.R. 4844 for purposes of determining whether costs 
     would exceed the UMRA threshold.

[[Page 18576]]

       Estimated impact on the private sector: By requiring 
     individuals to have a government-issued identification to 
     vote in a federal election, H.R. 4844 would impose new 
     private-sector mandates, as defined in UMRA. Based on 
     information from government and other sources, CBO estimates 
     that the cost to comply with those mandates would exceed the 
     annual threshold established by UMRA for private-sector 
     mandates ($128 million in 2006, adjusted annually for 
     inflation) in at least one of the first five years the 
     mandates are in effect.
       Under the bill, the requirement for an individual to have a 
     government-issued identification for federal elections would 
     be implemented in two phases. In 2008, the bill would require 
     individuals to provide ``a government-issued, current, and 
     valid photo identification'' to the appropriate election 
     official when voting in person. Individuals voting other than 
     in person would be required to submit ``a copy of a 
     government-issued, current, and valid photo identification'' 
     along with their ballot. Certain voters in the uniformed 
     services who are absent from the United States during the 
     election would be exempt from this requirement. Individuals 
     who wish to vote and who do not have an appropriate 
     identification card would have to obtain one. Government 
     identification cards such as a passport, a driver's license, 
     or a state-issued photo identification would meet the 
     requirement for voting in federal elections. On average, the 
     state-issued photo identification would be the least 
     expensive method to comply. For individuals who need to 
     obtain identification, the cost of complying with the first 
     phase of the mandate would be fees charged by states along 
     with other expenses for individuals to obtain the photo 
     identification. The bill would prohibit states from charging 
     a fee to any individual who provides an attestation that they 
     cannot afford the fee for a photo identification. In 
     addition, the incremental costs for individuals voting other 
     than in person would be the expense of making a copy of their 
     identification.
       Beginning with the regularly scheduled general election for 
     federal offices held in November 2010 and each subsequent 
     federal election, individuals who want to vote would have to 
     get ``a government-issued, current, and valid photo 
     identification for which the individual was required to 
     provide proof of United States citizenship as a condition for 
     the issuance of the identification.'' Passports would meet 
     that requirement. Individuals without passports may be able 
     to use drivers' licenses that are issued and compliant with 
     the REAL ID Act, depending on whether those licenses also 
     meet the requirements of this bill. The REAL ID Act requires 
     states to meet minimum standards for the documentation 
     required by applicants for drivers' licenses and 
     identification cards. Under current law, state-issued 
     drivers' licenses are supposed to be compliant with the REAL 
     ID Act by May 2008. Individuals who have obtained driver's 
     licenses between now and when their state becomes compliant 
     with the REAL ID Act would have to renew their licenses early 
     or obtain another state-issued identification in order to 
     vote in 2010. Based on information from government and other 
     sources regarding the percentage of individuals that renew 
     licenses each year, the percentage of individuals with 
     passports; and the number of individuals that vote in federal 
     elections, CBO estimates that the cost to comply with this 
     mandate would exceed UMRA's annual threshold.
       Estimate prepared by: Federal Costs: Matthew Pickford; 
     Impact on State, Local, and Tribal Governments: Sarah Puro; 
     Impact on the Private Sector: Paige Piper/Bach.
       Estimate approved by: Peter H. Fontaine, Deputy Assistant 
     Director for Budget Analysis.

                          ____________________