Sec. 125. Mandatory provision of identification for certain voters not voting in person
958 words·~4 min read·
/bill/117/hr/8528/ih/section-125A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— by redesignating sections 304 and 305 as sections 305 and 306; and by inserting after section 303 the following new section: Congress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service.
Notwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3).
Notwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3).
An individual who desires to vote other than in person but who does not meet the requirements of subparagraph
(A)may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). An identification described in this paragraph is, with respect to an individual— a current and valid photo identification of the individual; a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; the last 4 digits of the individual's social security number; or such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs
(A)through
(D)such that the election official is reasonably certain as to the identity of the individual. This section does not apply with respect to any individual who is— entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); 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) ); or entitled to vote otherwise than in person under any other Federal law. Nothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. This section shall take effect on January 1, 2024. . Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or otherwise not in person at an elections office or voter registration agency of the State . Section 303(b)(3) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(3) ) is amended— in subparagraph (A), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( and inserting 42 U.S.C. 1973gg-4 ) by mail under section 6 of the National Voter Registration Act of 1993 ( ; and 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State in subparagraph (B)(i), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( and inserting 42 U.S.C. 1973gg-4 ) by mail under section 6 of the National Voter Registration Act of 1993 ( . 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State 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)— in subclause (I), by striking or at the end; and by adding at the end the following new subclause: such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses
(I)and
(II)such that the election official is reasonably certain as to the identity of the individual; or ; and in clause (ii)— in subclause (I), by striking or at the end; in subclause (II), by striking the period at the end and inserting ; or ; and by adding at the end the following new subclause: such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses
(I)and
(II)such that the election official is reasonably certain as to the identity of the individual. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304 . The table of contents of such Act is amended— by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and by inserting after the item relating to section 303 the following: Sec. 304. Mandatory provision of identification for certain voters who vote by mail. .