Verifying the Outcome of Tomorrow's Elections Act of 2005 - Amends the Help Vote Act of 2002 to prohibit the appropriate state or local election official from providing a ballot for an election for federal office to an individual who desires to vote in person, unless the individual presents to the official a current, valid, state-issued photo identification. Imposes similar requirements with respect to individuals voting by mail.
Requires each state to conduct regular tests of the equipment used to tabulate votes in voting systems to ensure that a system meets specified error rate standards, and that the equipment works correctly.
Prohibits a state from permitting any individual to tabulate votes cast on a voting system, or to certify the tabulation of votes, unless that individual has satisfactorily undergone a criminal history background check using the national criminal history background check system and the state criminal history repositories of all states in which the individual has resided.
Requires a state to permit a representative of each political party with a candidate on the ballot used at a precinct during an election to observe the tabulation of the votes cast on the voting system, and the certification of such tabulation.
Makes it unlawful for any person to pay any other person for distributing voter registration applications in federal elections, or for collecting completed or partially completed applications, if the amount of the payment is determined on the basis of the number of applications distributed or collected.
Requires production of a permanent, individually verifiable paper record of each vote cast.
Requires voluntary voting system guidelines to ensure the security of any data transmitted or received electronically by voting systems.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3910 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3910
To amend the Help America Vote Act of 2002 to require individuals to
present a government-issued photo identification as a condition of
voting in elections for Federal office, to prohibit any individual from
tabulating votes in an election for Federal office unless the
individual has been subject to a criminal background check, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2005
Mr. Feeney (for himself, Mr. King of Iowa, Mr. Bishop of Utah, Mr.
Bartlett of Maryland, Mr. Chabot, Mr. Issa, and Mr. Westmoreland)
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 individuals to
present a government-issued photo identification as a condition of
voting in elections for Federal office, to prohibit any individual from
tabulating votes in an election for Federal office unless the
individual has been subject to a criminal background check, 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 ``Verifying the Outcome of Tomorrow's
Elections Act of 2005''.
SEC. 2. PREVENTING VOTING BY INELIGIBLE INDIVIDUALS.
(a) Requiring Voters to Provide Photo Identification.--
(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, State-
issued photo identification (as determined in accordance with
subsection (d)).
``(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,
State-issued photo identification (as determined in accordance
with subsection (d)).''.
(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.''.
(b) Standards for Determining Validity of Photo Identifications.--
Section 303 of such Act (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 Determining Validity of Photo Identification.--
``(1) Minimum standards.--
``(A) In general.--For purposes of subsections
(b)(1) and (b)(2), a State-issued photo identification
is valid if the State meets the requirements of this
subsection.
``(B) State certifications.--The Secretary of
Homeland Security shall determine whether a State is
meeting the requirements of this section based on
certifications made by the State to the Secretary of
Transportation. Such certifications shall be made at
such times and in such manner as the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, may prescribe by regulation.
``(2) Minimum document requirements.--To meet the
requirements of this subsection, a State shall include, at a
minimum, the following information and features on each photo
identification issued to a person by the State for purposes of
subsection (b):
``(A) The person's full legal name.
``(B) The person's date of birth.
``(C) The person's gender.
``(D) The person's number for the form of the
identification.
``(E) A digital photograph of the person.
``(F) The person's address of principle residence.
``(G) The person's signature.
``(H) Physical security features designed to
prevent tampering, counterfeiting, or duplication of
the document for fraudulent purposes.
``(I) A common machine-readable technology, with
defined minimum data elements.
``(3) Minimum issuance standards.--
``(A) In general.--To meet the requirements of this
subsection, a State shall require, at a minimum,
presentation and verification of the following
information before issuing a photo identification to a
person for purposes of subsection (b):
``(i) A photo identity document, except
that a non-photo identity document is
acceptable if it includes both the person's
full legal name and date of birth.
``(ii) Documentation showing the person's
date of birth.
``(iii) Proof of the person's social
security account number or verification that
the person is not eligible for a social
security account number.
``(iv) Documentation showing the person's
name and address of principal residence.
``(B) Verification of documents.--To meet the
requirements of this section, a State shall implement
the following procedures:
``(i) Before issuing a photo identification
to a person, the State shall verify, with the
issuing agency, the issuance, validity, and
completeness of each document required to be
presented by the person under subparagraph (A).
``(ii) The State shall not accept any
foreign document, other than an official
passport, to satisfy a requirement of
subparagraph (A).
``(4) Other requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of photo identifications issued for purposes of
subsection (b):
``(A) Employ technology to capture digital images
of identity source documents so that the images can be
retained in electronic storage in a transferable
format.
``(B) Retain paper copies of source documents for a
minimum of 7 years or images of source documents
presented for a minimum of 10 years.
``(C) Subject each person applying for a photo
identification to mandatory facial image capture.
``(D) Establish an effective procedure to confirm
or verify a renewing applicant's information.
``(E) Confirm with the Social Security
Administration a social security account number
presented by a person using the full social security
account number, and in the event that a social security
account number is already registered to or associated
with another person to which any State has issued a
photo identification, the State shall resolve the
discrepancy and take appropriate action.
``(F) Refuse to issue a photo identification to a
person holding a driver's license issued by another
State without confirmation that the person is
terminating or has terminated the driver's license.
``(G) Ensure the physical security of locations
where photo identifications are produced and the
security of document materials and papers from which
identifications are produced.
``(H) Subject all persons authorized to manufacture
or produce photo identification to appropriate security
clearance requirements.
``(I) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance of photo identifications.
``(J) Limit the period of validity of all photo
identifications that are not temporary to a period that
does not exceed 8 years.''.
(c) Effective Date.--Section 303(e) of such Act (42 U.S.C.
15483(3)), as redesignated by subsection (b), is amended to read as
follows:
``(e) Requirement to Provide Photo Identification.--Subsection (b)
shall apply with respect to elections for Federal office held in 2008
and each succeeding year.''.
SEC. 3. ENSURING INTEGRITY OF VOTE COUNTS.
Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C.
15481(a)) is amended by adding at the end the following new paragraph:
``(7) Other steps to ensure integrity in tabulation of
votes.--
``(A) Testing of equipment.--Each State shall
conduct regular tests of the equipment used to tabulate
votes in voting systems to ensure that the system meets
the error rate standards described in paragraph (5) and
that the equipment works correctly.
``(B) Criminal history background checks for
election officials.--
``(i) Requirement.--A State may not permit
any individual to tabulate votes cast on a
voting system, or to certify the tabulation of
votes cast on a system, unless the individual
has satisfactorily undergone a criminal history
background check conducted using the national
criminal history background check system and
State criminal history repositories of all
States in which the individual has resided.
``(ii) Definition.--In clause (i), the term
`national criminal history background check
system' has the meaning given the term in
section 5 of the National Child Protection Act
of 1993 (42 U.S.C. 5119c).
``(C) Permitting parties to observe tabulation.--A
State shall permit a representative of each political
party with a candidate on the ballot used at a precinct
during an election to observe the tabulation of the
votes cast on the voting system and the certification
of the tabulation of votes cast on the system.''.
SEC. 4. PROHIBITING PER APPLICATION PAYMENTS FOR DISTRIBUTION OR
COLLECTION OF VOTER REGISTRATION APPLICATIONS.
Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544)
is amended by adding at the end the following new subsection:
``(c) Payment on Commission Basis for Distribution or Collection of
Voter Registration Application Forms.--
``(1) In general.--It is unlawful for any person to pay any
other person for distributing applications for voter
registration in elections for Federal office, or for collecting
completed or partially completed applications for voter
registration in elections for Federal office, if the amount of
the payment is determined on the basis of the number of
applications distributed or collected.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.''.
SEC. 5. ADDITIONAL REQUIREMENTS FOR VOTING SYSTEMS.
(a) Production of Permanent, Individually Verifiable Paper Record
of Each Vote Cast.--Section 301(a)(2)(B) of the Help America Vote Act
of 2002 (42 U.S.C. 15481(a)(2)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) After the voter enters a vote on the
voting system, the system shall provide the
voter with an auditable paper record showing
how the vote will be recorded by the system,
and the voter shall use such record to verify
that the vote shown is the vote the voter
intends to cast.
``(ii) If the voter does not verify that
the vote shown on a record provided under
clause (i) is the vote the voter intends to
cast, the system shall provide the voter with
the opportunity to change the ballot and
correct any error in the vote, and shall
provide the voter with a new auditable paper
record under such clause that reflects the
change or correction made by the voter.
``(iii) Once a voter verifies that the vote
shown on a paper record provided under clause
(i) is the vote the voter intends to cast
(whether verified as originally entered or as
changed and corrected as described in clause
(ii)), the vote shall be final and the record
shall serve as a permanent paper record of the
vote.''.
(b) Prohibiting Removal of Paper Record From Polling Place;
Clarifying Purposes for Which Record May Be Used.--Clause (iv) of
section 301(a)(2)(B) of such Act (42 U.S.C. 15481(a)(2)(B)), as
redesignated by subsection (a)(1), is amended by striking the period at
the end and inserting the following: ``, and for such other official
purposes as may be provided under State law, and may be removed from
the polling place by and otherwise made available to an appropriate
election official for such purposes, but the record (including any
duplicate of the record or any photographic image of the record) may
not be removed from the polling place by any other person or for any
other purpose.''.
(c) Requiring Voluntary Voting System Guidelines to Include
Guidelines to Ensure Security of Electronic Data.--Section 221(b)(1) of
such Act (42 U.S.C. 15361(b)(1)) is amended by striking the period at
the end and inserting the following: ``, including guidelines to ensure
the security of any data which is transmitted or received
electronically by voting systems''.
(d) Effective Date.--The amendments made by 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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