To amend the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a citizen of the United States to prevent fraud in Federal elections, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Election Integrity Act of 
2004'' .

SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR 
              VOTER REGISTRATION.

    (a) Application Provided With Motor Vehicle License Application.--
Section 5(c)(2) of the National Voter Registration Act of 1993 (42 
U.S.C. 1973gg--3(c)(2)) is amended--
            (1) in subparagraph (B), by striking ``may require'' and 
        inserting ``in addition to the information required under 
        subparagraph (E), may require'';
            (2) by striking ``and'' at the end of subparagraph (D);
            (3) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (4) by inserting after subparagraph (D) the following new 
        subparagraph:
            ``(E) shall require the applicant to provide a photographic 
        copy of any document which provides proof that the applicant is 
        a citizen of the United States, in accordance with guidelines 
        established by the Election Administration Commission in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of State.''.
    (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--
7(b)) is amended--
            (1) in paragraph (1), by striking ``may require'' and 
        inserting ``consistent with paragraph (5), may require'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(5) shall require the applicant to provide a photographic 
        copy of any document which provides proof that the applicant is 
        a citizen of the United States, in accordance with guidelines 
        established by the Election Administration Commission in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of State.''.
    (c) Special Rules for States Without Registration Requirement and 
States Permitting Same-Day Registration.--
            (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--
        6) is amended--
                    (A) by redesignating subsection (j) as subsection 
                (k); and
                    (B) by inserting after subsection (i) the following 
                new subsection:
    ``(j) Requirement for Proof of Citizenship in States Without 
Registration Requirement and States Permitting Same-Day Registration.--
            ``(1) States without registration requirement.--In the case 
        of a State described in section 4(b)(1), the appropriate State 
        or local election official may not provide any individual with 
        a ballot for an election for Federal office (including an 
        absentee ballot) unless the individual provides the official 
        with a photographic copy of any document which provides proof 
        that the individual is a citizen of the United States, in 
        accordance with guidelines established by the Election 
        Administration Commission in consultation with the Secretary of 
        Homeland Security and the Secretary of State.
            ``(2) States permitting same-day registration.--In the case 
        of a State described in section 4(b)(2), the appropriate State 
        or local election official may not permit any individual to 
        register to vote in an election for Federal office (including 
        an individual who desires to register to vote at the polling 
        place at the time of voting in the election) unless the 
        individual provides the official with a photographic copy of 
        any document which provides proof that the individual is a 
        citizen of the United States, in accordance with guidelines 
        established by the Election Administration Commission in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of State.''.
            (2) Conforming amendment.--Section 4(b) of such Act (42 
        U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and 
        inserting ``Except as provided in section 8(j), this Act''.

SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) In General.--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.--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 and valid photo 
        identification.
            ``(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 and 
        valid photo identification.''.
    (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.--Section 303(d) of such Act (42 U.S.C. 
15483(d)) is amended to read as follows:
    ``(d) Requirement to Provide Photo Identification.--Subsection (b) 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2004 and each succeeding election 
for Federal office.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to the regularly scheduled general election for Federal office 
held in November 2004 and each succeeding election for Federal office.

Summary: Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a US citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) 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 and valid photo ID. Or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID.