Securing our Elections Act of 2025
This bill establishes certain photo identification requirements for voting in federal elections.
Specifically, the bill prohibits a state or local election official from providing a ballot for a federal election to an individual who does not present valid photo identification.
Next, the bill outlines the availability of provisional ballots and the requirements for counting those ballots. In particular, an individual who does not present a valid photo identification must be permitted to cast a provisional ballot. However, an election official may not determine that the individual is eligible under state law to vote in the election unless, not later than three days after casting the provisional ballot, the individual presents (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because of a religious objection to being photographed.
An election official may not allow for voting methods other than in-person voting unless the individual submits the ballot with (1) a copy of their photo identification, or (2) the last four digits of their Social Security number with an affidavit attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain a copy. This prohibition shall not apply to overseas military voters.
The bill also requires a state to provide an individual with a valid photo identification without charge if that individual presents an affidavit attesting to an inability to afford or otherwise obtain a valid photo identification.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 156 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 156
To ensure election integrity and security by establishing consistent
photo identification requirements for voting in elections for Federal
office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Fitzpatrick introduced the following bill; which was referred to
the Committee on House Administration
_______________________________________________________________________
A BILL
To ensure election integrity and security by establishing consistent
photo identification requirements for 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 ``Securing our Elections Act of
2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Free, fair, and secure elections are necessary to the
prosperity of democracy in the United States and around the
world.
(2) The right to vote is a crucial aspect of American
citizenship and must be protected from any potential
interference, abuse, and fraud.
(3) The passage of the Help America Vote Act of 2002
improved and standardized State and local governments'
administration of Federal elections, but lacked strong
provisions to validate a voter's identity prior to their
voting.
(4) In 2005, the bipartisan Commission on Federal Election
Reform co-chaired by former Democratic President Jimmy Carter
and former Republican Secretary of State James A. Baker III
released a report which explicitly recommended that States
require voters to use a valid identification that includes
their full legal name, date of birth, a signature, and a photo.
(5) A public survey conducted by the reputable, nonpartisan
Monmouth University Polling Institute in June 2021 indicated
that an overwhelming 80 percent of Americans support requiring
voters to show a photo identification in order to vote.
(6) Valid identification is required by the States and the
Federal Government for a multitude of serious purposes in
public life such as driving or renting a car, boarding an
airplane or train, traveling within and outside of the United
States, purchasing alcohol or controlled substances, picking up
prescription medication, opening a bank account or cashing a
check, applying for employment or housing opportunities, and
much more.
(7) As determined by the Congressional Research Service,
161 nations worldwide--approximately 83 percent--require their
citizens to present a form of identification in order to vote,
including 38 of the top 50 most democratic nations identified
by the Democracy Index 2021.
(8) More than two-thirds of the States already request or
require citizens to show a form of identification in order to
vote, 22 of which request or require a photo identification for
the purposes of voting.
SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement To Provide Photo Identification as Condition of
Casting Ballot.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.
``(a) Provision of Identification Required as Condition of Casting
Ballot.--
``(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 may not provide 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 valid photo identification.
``(B) Availability of provisional ballot.--
``(i) In general.--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 may 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 3 days after
casting the provisional ballot, the individual
presents to the official--
``(I) the identification required
under subparagraph (A); or
``(II) an affidavit developed and
made available to the individual by the
State attesting that the individual
does not possess the identification
required under subparagraph (A) because
the individual has a religious
objection to being photographed.
``(ii) No effect on other provisional
balloting rules.--Nothing in clause (i) may be
construed to apply to the casting of a
provisional ballot pursuant to section 302(a)
or any State law for reasons other than the
failure to present the identification required
under subparagraph (A).
``(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
may not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless the individual submits with the
ballot--
``(i) a copy of a valid photo
identification; or
``(ii) the last four digits of the
individual's Social Security number and an
affidavit developed and made available to the
individual by the State attesting that the
individual is unable to obtain a copy of a
valid photo identification after making
reasonable efforts to obtain such a copy.
``(B) Exception for overseas military voters.--
Subparagraph (A) does not apply with respect to a
ballot provided by 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 (52 U.S.C. 20310(1)),
other than an individual described in section 107(1)(C)
of such Act.
``(b) Providing Certain Assistance to Individuals Unable To Pay
Costs of Obtaining Identification or Otherwise Unable To Obtain
Identification.--
``(1) Provision of identification without charge to certain
individuals.--If an individual presents a State official at the
appropriate State agency or department designated by the State
with an affidavit developed and made available to the
individual by the State attesting that the individual is unable
to pay the costs associated with obtaining a valid photo
identification under this section, or attesting that the
individual is otherwise unable to obtain a valid photo
identification under this section after making reasonable
efforts to obtain such an identification, the official shall
provide the individual with a valid photo identification under
this subsection without charge to the individual.
``(2) Public access to digital imaging devices.--With
respect to each State, the appropriate State or local
government official of the State shall ensure, to the extent
practicable, public access to a digital imaging device, which
shall include a printer, copier, image scanner, or
multifunction machine, at State and local government buildings
in the State, including courts, libraries, and police stations,
for the purpose of allowing individuals to use such a device at
no cost to the individual to make a copy of a valid photo
identification.
``(c) Valid Photo Identifications Described.--For purposes of this
section, a `valid photo identification' means, with respect to an
individual who seeks to vote in a State, any of the following:
``(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration date.
``(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) Any other form of government-issued identification
that the State may specify as a valid photo identification for
purposes of this subsection.
``(d) Notification of Identification Requirement to Applicants for
Voter Registration.--
``(1) In general.--Each State shall ensure that, at the
time an individual applies to register to vote in elections for
Federal office in the State, the appropriate State or local
election official notifies the individual of the photo
identification requirements of this section.
``(2) Special rule for individuals applying to register to
vote online.--Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
``(e) Treatment of States With Certain Photo Identification
Requirements in Effect as of Date of Enactment.--If, as of the date of
the enactment of this section, a State has in effect a law that
satisfies or exceeds the requirements of this section for an individual
to provide a photo identification as a condition of casting a ballot in
elections for Federal office held in the State and the law remains in
effect on and after the effective date of this section, the State shall
be considered to meet the requirements of this section if--
``(1) the State submits a request to the Attorney General
and provides such information as the Attorney General may
consider necessary to determine that the State has in effect
such a law and that the law remains in effect; and
``(2) the Attorney General--
``(A) approves the request; or
``(B) fails to issue a determination with respect
to the request during the 180-day period that begins on
the date the State submits such request.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held in 2026 or any succeeding year.''.
(2) 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. Photo identification requirements.''.
(b) Conforming Amendment Relating to Voluntary Guidance by Election
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b))
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 303A, October 1, 2025.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``303, and 304'' and
inserting ``303, 303A, and 304''.
(d) Conforming Amendments Relating to Repeal of Existing Photo
Identification Requirements for Certain Voters.--
(1) In general.--Section 303 of such Act (52 U.S.C. 21083)
is amended--
(A) in the heading, by striking ``and requirements
for voters who register by mail'';
(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.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to elections for Federal office held
in 2026 or any succeeding year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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