Believe In Delaware Election Nobility Act or the BIDEN Act
This bill prohibits states from taking certain actions related to voting in federal elections, particularly with respect to absentee voting.
Specifically, the bill prohibits states from (1) using automatic voter registration systems, (2) providing absentee ballots to individuals unless they meet specified application requirements and are unable to vote in person, (3) using drop boxes to collect completed absentee ballots unless the box is located within a building that serves as an office for an election official, (4) accepting completed absentee ballots that are received after the polls close on election day, and (5) allowing individuals to vote at a polling place during an early voting period.
Additionally, the bill places certain restrictions on the delivery of completed absentee ballots and requirements for collecting these ballots. In particular, the bill prohibits a completed absentee ballot that is delivered by an individual other than the voter from being counted unless the individual who delivers the ballot is acting within the individual's official duties as authorized by law, such as an employee of the U.S. Postal Service.
The bill also requires individuals to provide proof of identification to vote.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5448
To promote integrity in elections for Federal office by prohibiting
automatic voter registration and requiring voter identification, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 2021
Mr. Gohmert (for himself, Mr. Good of Virginia, and Mrs. Miller of
Illinois) introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To promote integrity in elections for Federal office by prohibiting
automatic voter registration and requiring voter 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 ``Believe In Delaware Election
Nobility Act'' or the ``BIDEN Act''.
SEC. 2. RESTRICTIONS ON CERTAIN VOTER REGISTRATION ACTIVITIES.
(a) Prohibition of Automatic Voter Registration.--Section 8 of the
National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Prohibiting Registration Pursuant to Automatic Voter
Registration System.--
``(1) Prohibition.--A State may not register an individual
to vote in elections for Federal office pursuant to an
automatic voter registration system.
``(2) Definition.--In this subsection, the term `automatic
voter registration system' means, with respect to a State, a
system that registers an individual to vote in elections for
Federal office in the State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.''.
(b) Voter Registration Deadline.--Section 8(a)(1) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by
striking ``not later than the lesser of 30 days, or the period provided
by State law, before the date of the election'' each place it appears
and inserting ``not later than the fourth Saturday prior to the date of
the election''.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to the regularly scheduled general
election for Federal office held in 2022 and any succeeding election
for Federal office.
SEC. 3. REQUIRING IN PERSON VOTERS TO PROVIDE IDENTIFICATION.
(a) Requirements.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR IN PERSON VOTING.
``(a) Identification Requirements for Voters Who Vote in Person.--
Notwithstanding any other provision of law and except as provided in
subsection (b) and section 302(a), the appropriate State or local
election official may not provide an individual a ballot to vote in
person at a polling place in the State in an election for Federal
office unless the individual provides to such official proof of
identity and address.
``(b) Exception.--Notwithstanding subsection (a), the appropriate
State or local election official shall provide a ballot for an election
for Federal office to an individual who desires to vote in person if
the individual presents the appropriate State or local election
official with a sworn written statement attesting to the individual's
identity.
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in 2022
and any succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Conforming Amendments Relating to Repeal of Existing Photo
Identification Requirements for Certain Voters.--
(1) In general.--Section 303 of such Act (42 U.S.C. 15483)
is amended--
(A) in the heading, by striking ``and requirements
for voters who register by mail'' and inserting ``and
requirements for mail-in registration forms'';
(B) in the heading of subsection (b), by striking
``for Voters Who Register by Mail'' and inserting ``for
Mail-In Registration Forms'';
(C) in subsection (b), by striking paragraphs (1)
through (3) and redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) 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)''.
(2) 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 mail-in registration
forms.''.
(d) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Mandatory provision of identification for in person
voting.''.
SEC. 4. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT.
(a) Requirements.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 3(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT.
``(a) Individuals Eligible To Receive Absentee Ballot.--
``(1) Excusable reasons to receive absentee ballot.--A
State may not provide to an individual an absentee ballot to
vote in an election for Federal office unless such individual
meets the application requirements described in paragraph (2)
and is unable to vote in person at the appropriate polling
place in the State on the date of the election for any of the
following reasons:
``(A) The business or occupation of the individual
prevents such individual from voting in person on the
date of the election.
``(B) The individual is unable to vote in person on
the date of the election because such individual
provides care to a parent, spouse, or child with an
illness, disability, or injury that requires constant
care.
``(C) The individual suffers from a physical
ailment or is an individual with a disability that
substantially limits any major life activities.
``(D) The individual will be absent from the
jurisdiction in which the individual is registered to
vote on the date of the election.
``(E) The individual is unable to vote in person on
the date of the election due to sincerely held
religious beliefs.
``(F) The individual is entitled to vote by
absentee ballot under any other Federal law.
``(2) Application requirements.--A State may not provide to
an individual an absentee ballot to vote in an election for
Federal office unless--
``(A) the individual submits an application to the
appropriate State or local election official and such
application is received by the official not later than
noon on the date before the date of the election; and
``(B) the application includes--
``(i) the individual's name and address;
``(ii) the reason such individual is unable
to vote in person at the appropriate polling
place in the State on the date of the election
and such reason is an excusable reason
described in paragraph (1); and
``(iii) a sworn written statement attesting
to the individual's identity.
``(b) Restrictions on Delivery of Voted Absentee Ballots.--A voted
absentee ballot delivered to the appropriate election official in an
election for Federal office by an individual who is not the voter shall
not be counted unless the individual who delivers such ballot is acting
with respect to the individual's official duties as authorized by law
and is--
``(1) an election official;
``(2) an employee of the United States Postal Service; or
``(3) any other individual who is authorized by law to
collect and transmit United States mail.
``(c) Requirements for Collection of Absentee Ballots.--The
appropriate State or local election official shall collect voted
absentee ballots in an election for Federal office delivered to such
official in a carrier envelope which is designed to protect such
ballots from tampering, removal, or substitution without detection and
which shall--
``(1) contain absentee ballots from a single jurisdiction;
``(2) be labeled to reflect the jurisdiction for which the
absentee ballots are to be counted; and
``(3) be sealed by such official at the time at which the
polls in the election close on the date of the election.
``(d) Prohibiting Use of Drop Boxes for Collection of Ballots.--A
State may not use a drop box for the collection of voted absentee
ballots in an election for Federal office unless the drop box is
located inside a building which serves as an office for a State or
local election official.
``(e) Prohibiting Acceptance of Absentee Ballots Received After
Date of Election.--A State may not accept a voted absentee ballot in an
election for Federal office which is not received by the appropriate
State or local election official prior to the time at which the polls
in the election close on the date of the election.
``(f) Exception for Absent Military and Overseas Voters.--This
section, except with respect to the absentee ballot collection
requirements specified in subsection (c), shall not apply with respect
to any individual who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).
``(g) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in 2022
and any succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by
section 3(b), is amended by striking ``and 304'' and inserting ``304,
and 305''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 3(d), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Requirements with respect to voting by absentee ballot.''.
SEC. 5. PROHIBITION AGAINST EARLY VOTING PERIOD.
(a) Requirements.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 3(a) and section 4(a),
is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. PROHIBITION AGAINST EARLY VOTING PERIOD.
``(a) In General.--A State may not allow individuals to vote at a
polling place in the State in an election for Federal office during an
early voting period which occurs prior to the date of the election in
the same manner as voting is allowed on such date.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in 2022
and any succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by
section 3(b) and section 4(b), is amended by striking ``and 305'' and
inserting ``305, and 306''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 3(d) and section 4(c), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Prohibition against early voting period.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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