Sec. 301. Requiring voters to provide photo identification
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Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: 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 photo identification. 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 10 days after casting the provisional ballot, the individual presents to the official— the identification required under subparagraph (A); or an affidavit attesting that the individual does not possess the identification required under subparagraph
(A)because the individual has a religious objection to being photographed. 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). 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 a copy of a valid photo identification. Subparagraph
(A)does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term absent uniformed services voter has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) ), other than an individual described in section 107(1)(C) of such Act. If an individual presents a State or local election official with an affidavit attesting that the individual is unable to pay the costs associated with obtaining a valid photo identification under this section, or attesting that the individual is otherwise unable to obtain a valid photo identification under this section after making reasonable efforts to obtain such an identification, the official shall provide the individual with a valid photo identification under this subsection without charge to the individual. 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: A valid State-issued motor vehicle driver’s license that includes a photo of the individual and an expiration date. A valid State-issued identification card that includes a photo of the individual and an expiration date. A valid United States passport for the individual. A valid military identification for the individual. Any other form of government-issued identification that the State may specify as a valid photo identification for purposes of this subsection. 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. 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. If, as of the date of the enactment of this section, a State has in effect a law requiring an individual to provide a photo identification as a condition of casting a ballot in elections for Federal office held in the State and the law remains in effect on and after the effective date of this section, the State shall be considered to meet the requirements of this section if— the State submits a request to the Attorney General and provides such information as the Attorney General may consider necessary to determine that the State has in effect such a law and that the law remains in effect; and the Attorney General approves the request. This section shall apply with respect to elections for Federal office held in 2022 or any succeeding year. . 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. . Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— by striking and at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting ; and ; and by adding at the end the following new paragraph: in the case of the recommendations with respect to section 303A, October 1, 2021. . Section 401 of such Act ( 52 U.S.C. 21111 ), as amended by section 102(b), is amended by striking 303, and inserting 303, 303A, . Section 303 of such Act ( 42 U.S.C. 15483 ) is amended— in the heading, by striking ; and requirements for voters who register by mail in the heading of subsection (b), by striking and inserting for Voters Who Register by Mail ; for Mail-In Registration Forms in subsection (b), by striking paragraphs
(1)through
(3)and redesignating paragraphs
(4)and
(5)as paragraphs
(1)and (2), respectively; and in subsection (c), by striking subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) and inserting subsection (a)(5)(A)(i)(II) . The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: Sec. 303. Computerized statewide voter registration list requirements. . This section and the amendments made by this section shall apply with respect to elections for Federal office held in 2022 or any succeeding year.
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- 52 USC 15481
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Sec. 301
Requiring voters to provide photo identification
Cite52 USC 15481
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