Federal Election Integrity Act of 2012 - Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless: (1) the individual presents to the official a government-issued, current, and valid photo identification (ID), and (2) the election official verifies that the ID is of the individual who requests the ballot.
Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official shall not determine the individual's eligibility to vote. Requires verification of the photo ID by the election official.
Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official shall not accept the ballot. Requires verification of the photo ID by the election official. Exempts from this photo ID requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. Prohibits the appropriate state or local election official from providing a ballott for voting other than in person to an individual who requests such a ballot in person unless: (1) the individual presents the official a government-issued, current, and valid photo ID; and (2) the election official verifies it.
Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Prohibits any such photo ID from serving as a government-issued photo identification for purposes of operating a motor vehicle or any related purpose.
Prescribes requirements for any state fee for providing such a photo ID.
Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6408 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6408
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
September 13, 2012
Mr. Walsh of Illinois 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
2012''.
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 shall not provide a ballot
for an election for Federal office to an individual who
desires to vote in person unless--
``(i) the individual presents to the
official a government-issued, current, and
valid photo identification of the individual;
and
``(ii) the election official verifies that
the photo identification presented is of the
individual who requests the ballot.
``(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 shall not
make a determination under section 302(a)(4) that the
individual is eligible under State law to vote in the
election unless, not later than 48 hours after casting
the provisional ballot--
``(i) the individual presents the
identification required under subparagraph (A)
to the official; and
``(ii) the election official verifies that
the photo identification presented is of the
individual who cast 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
shall not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless--
``(i) the individual submits with the
ballot a copy of a government-issued, current,
and valid photo identification of the
individual; and
``(ii) the election official verifies that
the photo identification presented is of the
individual who provides the ballot.
``(B) In person requests for ballots to vote other
than in person.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), the
appropriate State or local election official shall not
provide a ballot for voting other than in person to an
individual who makes a request for such a ballot in
person unless--
``(i) the individual presents to the
official a government-issued, current, and
valid photo identification of the individual;
and
``(ii) the election official verifies that
the photo identification presented is of the
individual who requests the ballot.
``(C) Exception for overseas military voters.--
Subparagraphs (A) and (B) do not apply with respect to
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), an identification is
`government-issued' with respect to an individual if it is
issued by the Federal Government or by the government of the
State in which the individual seeks to cast a ballot. Nothing
in this subsection shall be construed to prohibit the Federal
Government or a State from requiring an individual who requests
a photo identification to present such information as may be
necessary to ensure that the individual is the individual for
whom the identification is sought, or from imposing any other
requirements deemed necessary to ensure the integrity or
accuracy of any such photo identifications.''.
(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 elections for Federal
office held on or after January 1, 2014.
(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 elections for Federal office held on or after
January 1, 2014.''.
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 2014 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 as motor
vehicle licenses.--Any photo identification provided
under the program established under subparagraph (A)
may not serve as a government-issued photo
identification for purposes of operating a motor
vehicle or any related purpose.''.
(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.
``(c) Ensuring Budget Neutrality by Corresponding Reduction in
Requirements Payment.--The amount of any requirements payment made to a
State under part 1 of subtitle D for a fiscal year shall be reduced by
the amount of any payment made to a State under this part for the
fiscal year.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part an aggregate amount of $5,000,000 for fiscal year 2014 and each of
the 4 succeeding fiscal years.''.
(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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