[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 481 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 481
To amend the Help America Vote Act of 2002 to require each individual
who desires to vote in an election for Federal office to provide the
appropriate election official with a government-issued photo
identification, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2007
Mr. Doolittle introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require each individual
who desires to vote in an election for Federal office to provide the
appropriate election official with a government-issued photo
identification, 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. SHORT TITLE.
This Act may be cited as the ``Federal Election Integrity Act of
2007''.
SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement to Provide Photo Identification as Condition of
Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002
(42 U.S.C. 15483(b)) is amended--
(1) in the heading, by striking ``for Voters Who Register
by Mail'' and inserting ``for Providing Photo Identification'';
and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(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--
``(i) a government-issued, current, and
valid photo identification; or
``(ii) in the case of the regularly
scheduled general election for Federal office
held in November 2010 and each subsequent
election for Federal office, 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.
``(B) Availability of provisional ballot.--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 the individual presents the
identification required under subparagraph (A) to the
official not later than 48 hours after casting the
provisional ballot.
``(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 government-issued,
current, and valid photo identification; or
``(ii) in the case of the regularly
scheduled general election for Federal office
held in November 2010 and each subsequent
election for Federal office, a copy of 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.
``(B) Exception for overseas military voters.--
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 (42 U.S.C. 1973ff-6(1)),
other than an individual described in section 107(1)(C)
of such Act.
``(3) Specific requirements for identifications.--For
purposes of paragraphs (1) and (2)--
``(A) an identification is `government-issued' if
it is issued by the Federal Government or by the
government of a State; and
``(B) an identification is one for which an
individual was required to provide proof of United
States citizenship as a condition for issuance if the
identification displays an official marking or other
indication that the individual is a United States
citizen.''.
(b) Conforming Amendments.--Section 303 of such Act (42 U.S.C.
15483) is amended--
(1) in the heading, by striking ``for voters who register
by mail'' and inserting ``for providing photo identification'';
and
(2) 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)''.
(c) Clerical Amendment.--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
and requirements for providing photo
identification.''.
(d) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall apply with respect to the regularly
scheduled general election for Federal office held in November
2008 and each subsequent election for Federal office.
(2) Conforming amendment.--Section 303(d)(2) of such Act
(42 U.S.C. 15483(d)(2)) is amended to read as follows:
``(2) Requirement to provide photo identification.--
Paragraphs (1) and (2) of subsection (b) shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2008 and each subsequent election for
Federal office.''.
SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE.
(a) Requiring States to Make Identification Available.--Section
303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as
amended by section 2(a)(2), is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Making photo identifications available.--
``(A) In general.--During fiscal year 2008 and each
succeeding fiscal year, each State shall establish a
program to provide photo identifications which may be
used to meet the requirements of paragraphs (1) and (2)
by individuals who desire to vote in elections held in
the State but who do not otherwise possess a
government-issued photo identification.
``(B) Identifications provided at no cost to
indigent individuals.--If a State charges an individual
a fee for providing a photo identification under the
program established under subparagraph (A)--
``(i) the fee charged may not exceed the
reasonable cost to the State of providing the
identification to the individual; and
``(ii) the State may not charge a fee to
any individual who provides an attestation that
the individual is unable to afford the fee.
``(C) Identifications not to be used for other
purposes.--Any photo identification provided under the
program established under subparagraph (A) may not
serve as a government-issued photo identification for
purposes of any program or function of a State or local
government other than the administration of
elections.''.
(b) Payments to States to Cover Costs.--Subtitle D of title II of
such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the
following new part:
``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO
INDIGENT INDIVIDUALS
``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO
IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS.
``(a) Payments to States.--The Commission shall make payments to
States to cover the costs incurred in providing photo identifications
under the program established under section 303(b)(4) to individuals
who are unable to afford the fee that would otherwise be charged under
the program.
``(b) Amount of Payment.--The amount of the payment made to a State
under this part for any year shall be equal to the amount of fees which
would have been collected by the State during the year under the
program established under section 303(b)(4) but for the application of
section 303(b)(4)(B)(ii), 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.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part such sums as may be necessary for fiscal year 2008 and each
succeeding fiscal year.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to subtitle D of
title II the following:
``Part 7--Payments to Cover Costs of Providing Photo Identifications to
Indigent Individuals
``Sec. 297. Payments to cover costs to States of providing photo
identifications for voting to indigent
individuals.
``Sec. 297A. Authorization of appropriations.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect October 1, 2007.
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