H.R. 9368
Voter ID Act
Official summary
Written by the Congressional Research Service.
Voter ID Act
This bill establishes certain photo identification requirements for voting in federal elections.
Specifically, the bill prohibits a state or local election official from providing a ballot for a federal election to an individual who does not present valid physical photo identification.
Next, the bill outlines the availability of provisional ballots and the requirements for counting those ballots. An individual who does not present a valid photo identification must be permitted to cast a provisional ballot. However, an election official may not determine that the individual is eligible under state law to vote in the election unless, not later than three days after casting the provisional ballot, the individual presents (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because of a religious objection to being photographed.
An election official may not allow for voting methods other than in-person voting unless the individual (1) submits the ballot with a copy of their photo identification or the last four digits of their Social Security number with an affidavit attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain a copy, or (2) includes a notarization attesting that the individual has personally marked the ballot. This prohibition shall not apply to overseas military voters and certain disabled or elderly voters.
The Election Assistance Commission must make grants to states and tribal governments that provide eligible individuals with free valid photo identification.
Text of the bill
(a) In general. Subtitle D of title II of the Help America Vote Act of 2002 (Public Law 107–252; 52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:
7 Grant Program for Provision of Identification
298. Grant program for provision of identification
(a) Grants to States
(1) In general. The Commission shall make grants to each State that provides identification described in paragraph (2) without charge to any individual who—
(A) is eligible for such identification; and
(B) provides an attestation under penalty of perjury that the individual cannot afford to pay the fee otherwise charged by the State for the provision of the identification.
(2) Identification described. An identification described in this subsection is—
(A) a State-issued motor vehicle driver’s license that includes a photo of the individual and an expiration date; and
(B) an identification card issued by a State motor vehicle authority that includes a photo of the individual and an expiration date.
(b) Grants to Tribes
(1) In general. The Commission shall make grants to each Tribal government that provides identification described in paragraph (2) without charge to any individual who—
(A) is eligible for such identification; and
(B) provides an attestation under penalty of perjury that the individual cannot afford to pay such fee.
(2) Identification described. An identification described in this subsection is an identification document issued by a Tribal government that includes a photo of the individual and an expiration date.
(3) Tribal government. In this subsection, the term Tribal government means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.).
(b) Clerical amendment. The table of contents of such Act is amended by inserting after the item relating to section 296 the following:
Part 7—Grant Program for Provision of IdentificationSec. 298. Grant program for provision of identification.