Valuing Our Trust in Elections Act - Directs the Attorney General, within 30 days after receiving a complaint or other allegation, backed by evidence, of a violation of any Federal criminal law regarding voter intimidation, election fraud, or any provision relating to a Federal election, to initiate an investigation, and report to the chief election official of the State involved every 60 days until the investigation is completed.
Amends the Help America Vote Act to require: (1) each State to establish standards for the distribution of voter registration application forms for Federal elections; and (2) the Election Assistance Commission to establish standards for the prevention of fraud and abuse in the handling of absentee ballots in such elections. Requires each State to distribute, collect, and process absentee ballots in Federal elections in accordance with such standards. Provides for appropriate penalties for enforcement.
Requires individuals who register to vote and voters who vote in person, unless exempted by State law in certain circumstances, to provide a current, valid government-issued photo identification.
Directs the Commission to make payments to eligible States for assisting individuals with covering the costs of obtaining the government-issued photo identification an individual must present or provide in order to receive a Federal election ballot.
Requires certain training programs for poll workers.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2250 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2250
To require the Attorney General to investigate allegations of
violations of Federal criminal law regarding elections not later than
30 days after receiving the allegation, to amend the Help America Vote
Act of 2002 to establish standards for the distribution of voter
registration application forms and the handling of absentee ballots, to
require individuals to produce photo identification as a condition of
registering to vote or voting in elections for Federal office, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2005
Mr. Green of Wisconsin introduced the following bill; which was
referred to the Committee on House Administration, and in addition to
the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Attorney General to investigate allegations of
violations of Federal criminal law regarding elections not later than
30 days after receiving the allegation, to amend the Help America Vote
Act of 2002 to establish standards for the distribution of voter
registration application forms and the handling of absentee ballots, to
require individuals to produce photo identification as a condition of
registering to vote or voting in elections for Federal office, 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 ``Valuing Our Trust in Elections
Act''.
SEC. 2. TIMETABLE FOR INVESTIGATION OF ALLEGATIONS OF VIOLATIONS OF
CRIMINAL LAW REGARDING ELECTIONS.
(a) 30-Day Deadline for Initiation of Investigation.--
(1) In general.--Notwithstanding any other provision of
law, not later than 30 days after receiving a complaint or
other allegation of a violation of any Federal criminal law
regarding voter intimidation, election fraud, or any provision
relating to voting or registering to vote in elections for
Federal office, including section 3(b), the Attorney General
shall initiate an investigation of the complaint or allegation,
and shall notify the chief election official of the State
involved of the status of the investigation every 60 days until
the investigation is completed.
(2) Exception for complaints unaccompanied by evidence.--
Paragraph (1) shall not apply with respect to a complaint or
allegation received by the Attorney General if the person
filing the complaint or allegation does not provide any
evidence to support the complaint or allegation.
(b) Effect on State Enforcement.--Nothing in this section may be
construed to prohibit a State from investigating complaints or
allegations of violations of the offenses referred to in subsection
(a), so long as the State does not interfere with or otherwise impede
the investigation initiated by the Attorney General.
(c) Effective Date.--This section shall apply with respect to
complaints and allegations received by the Attorney General on or after
the date of the enactment of this Act.
SEC. 3. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION
FORMS.
(a) Requiring States to Establish Standards.--Section 303 of the
Help America Vote Act of 2002 (42 U.S.C. 15483) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Standards for Distribution and Transmittal of Voter
Registration Application Forms.--
``(1) Distribution of forms.--
``(A) Establishment of standards.--Each State shall
establish standards for the distribution of voter
registration application forms for elections for
Federal office under which an individual shall be
prohibited from distributing any such form if the
individual--
``(i) has been convicted of a felony under
any State or Federal law;
``(ii) does not provide identifying
information (including the individual's name,
address, and other appropriate contact
information, including the name and address of
any organization which pays the individual to
distribute such forms) to each individual to
whom the individual distributes such a form; or
``(iii) does not meet any other
requirements imposed by the State.
``(B) Exception for certain distributions.--
Subparagraph (A) shall not apply in the case of the
distribution of a voter registration application form--
``(i) by an individual to any member of the
individual's immediate family or to any
individual who shares a residence with the
individual;
``(ii) by an individual who distributes 10
or fewer of such forms with respect to any
election; or
``(iii) under such other circumstances as
the State may provide.
``(2) Collection and transmittal of forms for chief state
election official.--Any individual who collects a voter
registration application form for elections for Federal office
and transmits the form to the chief State election official for
verification by the election official shall include with each
such form a statement signed by the individual under penalty of
perjury that the applicant presented the individual with a
current, valid, government-issued photo identification that
matched the name and identifying information provided on the
completed application form.''.
(b) Penalties.--
(1) Distribution and transmittal of forms by individuals
not meeting standards.--Any person who distributes a voter
registration application form for elections for Federal office
in a State who does not meet the standards established by the
State for the distribution of such forms pursuant to section
303(d) of the Help America Vote Act of 2002 (as added by
subsection (a)), or who collects and transmits a form which
does not include the information required under section
303(d)(2), shall be guilty of a misdemeanor and fined in
accordance with title 18, United States Code.
(2) Employment of ineligible individual to distribute
forms.--Any person who employs an individual to distribute
voter registration application forms for elections for Federal
office in a State and who knows, or should reasonably be
expected to know, that the individual does not meet the
standards established by the State for the distribution of such
forms pursuant to section 303(d) of the Help America Vote Act
of 2002 shall be guilty of a misdemeanor and fined in
accordance with title 18, United States Code.
(c) Effective Date.--
(1) Establishment of standards by states.--Section 303(e)
of the Help America Vote Act of 2002, as redesignated by
subsection (a), is amended by adding at the end the following
new paragraph:
``(3) Standards for distribution of voter registration
application forms.--Each State shall be required to comply with
the requirements of subsection (d) on and after the expiration
of the 180-day period which begins on the date of the enactment
of the Valuing Our Trust in Elections Act.''.
(2) Adoption of voluntary guidance by election assistance
commission.--Section 311(a) of such Act (42 U.S.C. 15501(a)) is
amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by striking ``section 303'' and
inserting ``section 303 (other than subsection
(d))'', and
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(4) in the case of the recommendations with respect to
section 303(d), 120 days after the date of the enactment of the
Valuing Our Trust in Elections Act.''.
SEC. 4. STANDARDS FOR HANDLING ABSENTEE BALLOTS.
(a) Establishment of Standards by Election Assistance Commission.--
(1) In general.--Subtitle C of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by
inserting after section 246 the following new section:
``SEC. 246A. ESTABLISHMENT OF STANDARDS FOR HANDLING ABSENTEE BALLOTS.
``(a) Establishment of Standards.--The Commission shall establish
standards for the prevention of fraud and abuse in the handling of
absentee ballots in elections for Federal office, and shall include in
the standards a prohibition against the handling of an absentee ballot
by any individual other than the voter or any person authorized to
handle material delivered to the individual (including a caregiver or
guardian).
``(b) Deadline; Revision.--The Commission shall establish the
standards required under this section not later than 120 days after the
date of the enactment of the Valuing Our Trust in Elections Act, and
shall review and (if necessary) revise the standards every 4 years
thereafter.''.
(2) Clerical amendment.--The table of contents of subtitle
C of title II of such Act is amended by inserting after the
item relating to section 246 the following new item:
``Sec. 246A. Establishment of standards for handling absentee
ballots.''.
(b) Requiring States to Comply With Standards in Administering
Elections.--
(1) In general.--Subtitle A of title III of such Act (42
U.S.C. 15481 et seq.) is amended by inserting after section 303
the following new section:
``SEC. 303A. COMPLIANCE WITH STANDARDS FOR HANDLING ABSENTEE BALLOTS.
``(a) In General.--Each State shall distribute, collect, and
process absentee ballots in elections for Federal office in accordance
with the standards established by the Commission under section 246A.
``(b) Effective Date.--This section shall take effect upon the
expiration of the 60-day period which begins on the date the Commission
establishes standards under section 246A.''.
(2) Conforming amendment relating to enforcement of
requirement.--Section 401(a) of such Act (42 U.S.C. 15511(a))
is amended by striking ``sections 301, 302, and 303'' and
inserting ``subtitle A of title III''.
(3) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Compliance with standards for handling absentee
ballots.''.
(c) Penalties.--Any person who knowingly and willfully handles an
absentee ballot in an election for Federal office in a fraudulent
manner shall be fined in accordance with title 18, United States Code.
SEC. 5. REQUIRING INDIVIDUALS REGISTERING TO VOTE AND VOTERS TO PROVIDE
PHOTO IDENTIFICATION.
(a) Individuals Registering to Vote.--Section 303(a)(5)(A) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(a)(5)(A)) is amended by
adding at the end the following new clause:
``(iv) Photo identification.--
``(I) Requirement.--Notwithstanding
any other provision of law, an
application for voter registration for
an election for Federal office may not
be accepted or processed by a State
unless the applicant--
``(aa) presents to the
election official accepting the
application a current, valid,
government-issued photo
identification, in the case an
applicant who presents the
application in person to an
election official, including
any individual deputized by the
State to accept and process
such applications; or
``(bb) includes with the
application a copy of a
current, valid, government-
issued photo identification, in
the case of any other
applicant.
``(II) Exception.--A State may
establish exceptions to the
requirements of subclause (I) in the
case of individuals who are unable to
obtain photo identification because of
disability or physical incapacity.''.
(b) Voters.--
(1) In general.--Section 303(b) of such Act (42 U.S.C.
15483(b)) is amended--
(A) in the heading, by striking ``for Voters Who
Register by Mail'' and inserting ``for Providing Photo
Identification''; and
(B) by striking paragraphs (1) through (3) and
inserting the following:
``(1) Individuals voting in person.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not provide a ballot for an election for Federal
office (including a provisional ballot under section 302(a)) to
an individual who desires to vote in person unless the
individual presents to the official a current, valid,
government-issued photo identification.
``(2) Individuals voting by mail.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not accept any ballot for an election for Federal
office provided by an individual who votes by mail unless the
individual submits with the ballot a copy of a current, valid,
government-issued photo identification.
``(3) Exception.--A State may establish exceptions to the
requirements of paragraphs (1) and (2) in the case of
individuals who are unable to obtain photo identification
because of disability or physical incapacity.''.
(2) Conforming amendments.--Section 303 of such Act (42
U.S.C. 15483) is amended--
(A) in the heading, by striking ``for voters who
register by mail'' and inserting ``for providing photo
identification''; and
(B) 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)''.
(3) 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.''.
(4) Effective date.--Section 303(d) of such Act (42 U.S.C.
15483(d)) is amended to read as follows:
``(d) Requirement to Provide Photo Identification.--Subsections
(a)(5)(A)(iv) and (b) shall apply with respect to the regularly
scheduled general election for Federal office held in November 2006 and
each succeeding election for Federal office.''.
(c) Providing Financial Assistance to States to Subsidize Costs to
Individuals of Required Photo Identification.--
(1) In general.--Subtitle D of title II of such Act (42
U.S.C. 15401 et seq.) is amended by adding at the end the
following new part:
``PART 7--PAYMENTS TO ASSIST LOW-INCOME INDIVIDUALS IN OBTAINING
REQUIRED PHOTO IDENTIFICATION
``SEC. 297. FINANCIAL ASSISTANCE TO STATES TO SUBSIDIZE COSTS TO
INDIVIDUALS OF REQUIRED PHOTO IDENTIFICATION.
``(a) In General.--The Commission shall make payments to eligible
States for assisting individuals with covering the costs of obtaining
the government-issued photo identification an individual must present
or provide in order to receive a ballot in an election for Federal
office under section 303(b).
``(b) Use of Funds.--
``(1) In general.--A State receiving a payment under this
part shall use the payment to reduce the amount the State would
otherwise require an individual to pay to obtain the photo
identification required under section 303(b).
``(2) Limitations.--A State may not use a payment under
this part--
``(A) to reduce the amount an individual pays for
an identification unless the individual is a low-income
individual, as determined by the State in accordance
with such criteria and tests as the State may
establish;
``(B) to reduce the amount an individual pays for
an identification by more than $9; or
``(C) to reduce the amount an individual is
otherwise required to pay for a driver's license.
``(c) Eligibility of States.--A State is eligible to receive a
payment under this part if the State submits to the Commission (at such
time and in such form as the Commission may require) an application
containing such information and assurances 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 2006 and each
succeeding fiscal year, to remain available until expended.''.
(2) 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 Assist Low-Income Individuals in Obtaining
Required Photo Identification
``Sec. 297. Financial assistance to States to subsidize costs to
individuals of required photo
identification.
``Sec. 297A. Authorization of appropriations.''.
SEC. 6. TRAINING FOR POLL WORKERS.
(a) Requiring Poll Workers to Undergo Training.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended
by section 3(b), is amended by inserting after section 303A the
following new section:
``SEC. 303B. TRAINING PROGRAMS FOR POLL WORKERS.
``(a) Requiring Poll Workers to Undergo Training.--No individual
may serve as an election official at any polling placed for any
election for Federal office unless the State certifies that the
individual has successfully completed a program sponsored by the State
under which the individual is trained in the applicable laws governing
election administration in the State, including the laws governing who
is eligible to vote, the forms of identification that may be accepted
at the polling place, how votes are cast, and the procedures for
contacting other officials in the event that problems occur during the
day of the election.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2006 and each succeeding election for Federal office.''.
(2) Clerical amendment.--The table of contents of subtitle
A of title III of such Act is amended by inserting after the
item relating to section 303 the following new item:
``Sec. 303B. Training programs for poll workers.''.
(b) Providing Funds to States to Carry Out Programs.--Section
257(a) of such Act (42 U.S.C. 15407(a)) is amended by adding at the end
the following new paragraph:
``(4) For fiscal year 2006 and each succeeding fiscal year,
such sums as may be necessary, except that funds provided
pursuant to the authorization under this paragraph may be used
only for purposes of meeting the requirements of section 303B
(relating to training programs for poll workers).''.
SEC. 7. MANDATORY AUDIT OF STATE COMPLIANCE WITH REQUIREMENTS.
(a) Mandatory Audit by Commission.--Title IV of the Help America
Vote Act of 2002 (42 U.S.C. 15511 et seq.) is amended by adding at the
end the following new section:
``SEC. 403. AUDIT OF STATE COMPLIANCE WITH REQUIREMENTS.
``(a) Audit of Compliance of States Receiving Funding.--If a State
receives any payment under a program under this Act, the Commission may
(at such times as it considers appropriate) conduct an audit to review
the State's compliance with the applicable requirements of this Act.
``(b) Penalty for Failure to Cure Noncompliance.--If, as a result
of an audit conducted under this section, the Commission notifies a
State that the State is not in compliance with any of the applicable
requirements of this Act and the State does not cure the noncompliance
prior to the expiration of the 60-day period which begins on the date
the Commission notifies the State, the Commission may impose such
penalty upon the State (including a civil money penalty or a reduction
in the amount of any payment to the State under a program under this
Act) as it considers appropriate.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to title IV the
following new item:
``Sec. 403. Audit of State compliance with requirements.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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