Sec. 1801. Requirements for voter identification
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Section 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 ) is amended by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively, and by inserting after subsection
(b)the following new subsection: For purposes of this subsection: The term voter identification requirement means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. Such term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). If a State or local jurisdiction has a voter identification requirement, the State or local jurisdiction— shall treat any applicable identifying document as meeting such voter identification requirement; notwithstanding the failure to present an applicable identifying document, shall treat an individual desiring to vote in person in an election for Federal office as meeting such voter identification requirement if— the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for at least six months under penalty of perjury, attesting to the individual’s identity; the official has known the individual for at least six months; or in the case of a resident of a State-licensed care facility, an employee of the facility confirms the individual’s identity; and shall permit any individual desiring to vote in an election for Federal office who does not present an applicable identifying document required under subparagraph
(A)or qualify for an exception under subparagraph
(B)to cast a provisional ballot with respect to the election under section 302 in accordance with paragraph (3). An individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents 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 identity. Except as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individual described in paragraph (2)(C). In the case of a provisional ballot cast pursuant to paragraph (2)(C), the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless— the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; or not later than 10 days after casting the provisional ballot, the individual presents an applicable identifying document, either in person or by electronic methods, to the official and the official confirms the individual is the person identified on the applicable identifying document. If an individual casts a provisional ballot under this paragraph and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. If an individual casts a provisional ballot under this paragraph with a defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— the ballot has some defect; and if the individual does not cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual cures the defect. Notwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). Nothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph
(A)to cast a regular ballot in lieu of a provisional ballot. For purpose of this subparagraph, the term regular ballot means a ballot which is cast and counted in same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). The Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. Each State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph
(A)available at polling places for use by individuals voting in person. Each State and jurisdiction that has a voter identification requirement shall— for each individual who, on or after the applicable date, is registered to vote in such State or jurisdiction in elections for Federal office, provide the individual with a government-issued identification that meets the requirements of this subsection without charge; for each individual who, before the applicable date, was registered to vote in such State or jurisdiction in elections for Federal office but does not otherwise possess an identifying document, provide the individual with a government-issued identification that meets the requirements of this subsection without charge, so long as the State provides the individual with reasonable opportunities to obtain such identification prior to the date of the election; and for each individual who is provided with an identification under clause
(i)or clause (ii), provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. For purposes of this paragraph, the term applicable date means the later of— January 1, 2022, or the first date after the date of the enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. For purposes of this subsection— The term applicable identifying document means, with respect to any individual, any document issued to such individual containing the individual's name. The term applicable identifying document shall include any of the following (so long as such document is not expired, as indicated by an expiration date included on the document): A valid driver’s license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. A State-issued identification described in paragraph (4). A valid United States passport or passport card. A valid employee identification card issued by— any branch, department, agency, or entity of the United States Government or of any State, any State or federally recognized Tribal government, or any county, municipality, board, authority, or other political subdivision of a State. A valid student identification card issued by an institution of higher education, or a valid high school identification card issued by a State-accredited high school. A valid military identification card issued by the United States. A valid gun license or concealed carry permit. A valid Medicare card or Social Security card. A valid birth certificate. A valid voter registration card. A valid hunting or fishing license issued by a State. A valid identification card issued to the individual by the Supplemental Nutrition Assistance
(SNAP)program. A valid identification card issued to the individual by the Temporary Assistance for Needy Families
(TANF)program. A valid identification card issued to the individual by Medicaid. A valid bank card or valid debit card. A valid utility bill issued within six months of the date of the election. A valid lease or mortgage document issued within six months of the date of the election. A valid bank statement issued within six months of the date of the election. A valid health insurance card issued to the voter. Any other document containing the individual’s name issued by— any branch, department, agency, or entity of the United States Government or of any State; any State or federally recognized tribal government; or any county, municipality, board, authority, or other political subdivision of a State. The term applicable identifying document includes— any copy of a document described in subparagraph
(A)or (B); and any document described in subparagraph
(A)or
(B)which is presented in electronic format. . The Election Assistance Commission shall make payments to States to cover the costs incurred in providing identifications under section 303(c)(5) of the Help America Vote Act of 2002, as amended by this section. The amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. There are authorized to be appropriated for payments under this subsection an aggregate amount of $5,000,000 for fiscal year 2022 and each of the 4 succeeding fiscal years. Section 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— in clause (i), by striking in person and all that follows and inserting in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or ; and in clause (ii), by striking by mail and all that follows and inserting by mail, submits with the ballot an applicable identifying document (as so defined). . For the purposes of this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Section 303(e) of such Act ( 52 U.S.C. 21083(d)(2) ), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: Each State and jurisdiction shall be required to comply with the requirements of subsection
(c)with respect to elections for Federal office held on or after January 1, 2022. .
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Sec. 1801
Requirements for voter identification
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