America Votes Act of 2012

America Votes Act of 2012 - Amends the Help America Vote Act of 2002 to permit an individual required to present identification as a condition for voting in a federal election to meet the requirement by presenting the appropriate state or local election official with an affidavit, signed by the individual under penalty of perjury, attesting to the individual's identification and that he or she is registered to vote in the election. Allows an individual desiring to vote by mail to submit such an affidavit with the ballot.

Prohibits a state from requiring an individual who presents or submits such an affidavit to cast a provisional ballot in the election.

Excepts first-time voters registering by mail from application of this Act.

Requires states requiring an individual to present identification as a condition of receiving and casting a ballot in a federal election to include the use of an affidavit in voting information posted at polling places.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6419 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6419

To amend the Help America Vote Act of 2002 to permit an individual who 
is subject to a requirement to present identification as a condition of 
 voting in an election for Federal office to meet such requirement by 
signing an affidavit attesting to the individual's identification, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2012

  Mr. Larsen of Washington (for himself, Mr. Honda, Mr. Cleaver, Ms. 
  Moore, Mr. Butterfield, Mr. Moran, and Ms. Schwartz) 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 permit an individual who 
is subject to a requirement to present identification as a condition of 
 voting in an election for Federal office to meet such requirement by 
signing an affidavit attesting to the individual's 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 ``America Votes Act of 2012''.

SEC. 2. PERMITTING USE OF AFFIDAVIT TO MEET IDENTIFICATION REQUIREMENTS 
              FOR VOTING.

    (a) Permitting Use of Affidavit.--Title III of the Help America 
Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting 
after section 303 the following new section:

``SEC. 303A. PERMITTING USE OF AFFIDAVIT TO MEET IDENTIFICATION 
              REQUIREMENTS.

    ``(a) Use of Affidavit.--Except as provided in subsection (c), if a 
State has in effect a requirement that an individual present 
identification as a condition of receiving and casting a ballot in an 
election for Federal office, the individual may meet the requirement--
            ``(1) in the case of an individual who desires to vote in 
        person, by presenting the appropriate State or local election 
        official with an affidavit, signed by the individual under 
        penalty of perjury, attesting to the individual's 
        identification and attesting that the individual is registered 
        to vote in the election; or
            ``(2) in the case of an individual who desires to vote by 
        mail, by submitting with the ballot the affidavit described in 
        paragraph (1).
    ``(b) Requiring Use of Regular Ballot.--A State may not require an 
individual who presents or submits an affidavit in accordance with 
subsection (a) to cast a provision ballot in the election under section 
302.
    ``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual 
described in paragraph (1) of section 303(b) who is required to meet 
the requirements of paragraph (2) of such section.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) 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. Permitting use of affidavit to meet identification 
                            requirements.''.

SEC. 3. REQUIRING STATES TO INCLUDE INFORMATION ON USE OF AFFIDAVIT IN 
              VOTING INFORMATION MATERIAL POSTED AT POLLING PLACES.

    Section 302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(b)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) in the case of a State that has in effect a 
                requirement that an individual present identification 
                as a condition of receiving and casting a ballot in an 
                election for Federal office, information on how an 
                individual may meet such requirement by presenting an 
                affidavit in accordance with section 303A.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring on or after the date of the enactment of this Act.
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