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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8962 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8962

To amend the National Voter Registration Act of 1993 to prohibit States 
 from registering individuals to vote in elections for Federal office 
 who do not provide documentary proof of United States citizenship, to 
   amend the Help America Vote Act of 2002 to require individuals to 
   provide identification as a condition of voting in elections for 
                Federal office, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2020

Mr. Norman (for himself, Mr. Murphy of North Carolina, Mr. Duncan, Mr. 
 Budd, Mr. Wilson of South Carolina, Mr. Weber of Texas, Mr. Timmons, 
    Mr. Rice of South Carolina, Mr. Babin, Mr. Long, and Mr. Perry) 
 introduced the following bill; which was referred to the Committee on 
  House Administration, and in addition to the Committees on Science, 
     Space, and Technology, and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
To amend the National Voter Registration Act of 1993 to prohibit States 
 from registering individuals to vote in elections for Federal office 
 who do not provide documentary proof of United States citizenship, to 
   amend the Help America Vote Act of 2002 to require individuals to 
   provide identification as a condition of 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 And Verifying Elections in 
America Act'' or the ``SAVE America Act''.

SEC. 2. PROHIBITING REGISTRATION TO VOTE OF INDIVIDUALS WHO FAIL TO 
              PROVIDE PROOF OF UNITED STATES CITIZENSHIP.

    (a) In General.--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 of Individuals Not Providing Proof 
of United States Citizenship.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a State may not register an individual to vote in 
        elections for Federal office held in the State unless, at the 
        time the individual applies to register to vote, the individual 
        provides documentary proof that the individual is a citizen of 
        the United States, which shall consist of any of the following 
        (or a photocopy thereof):
                    ``(A) A certified birth certificate issued by a 
                State or unit of local government in a State.
                    ``(B) A valid United States passport.
                    ``(C) A Consular Report of Birth Abroad issued by 
                the Secretary of State.
                    ``(D) A Naturalization Certificate or Certificate 
                of Citizenship issued by the Secretary of Homeland 
                Security.
            ``(2) Applicability.--Paragraph (1) applies with respect to 
        an individual who applies to register to vote under section 5, 
        6, or 7 (including an individual who submits the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9), or who applies 
        under any other method of voter registration available in the 
        State.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications for voter registration which are 
submitted on or after the date of the enactment of this Act.

SEC. 3. REQUIRING PROVISION OF IDENTIFICATION AS A CONDITION OF VOTING 
              IN FEDERAL ELECTIONS.

    (a) Requirement To Provide Identification as Condition of Receiving 
Ballot.--
            (1) In general.--Section 303(b) of the Help America Vote 
        Act of 2002 (52 U.S.C. 21083(b)) is amended--
                    (A) in the heading, by striking ``for Voters Who 
                Register by Mail'' and inserting ``for Providing 
                Identification''; and
                    (B) 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 to an individual who desires to vote in person unless 
        the individual presents to the official a current and valid 
        identification issued by the State or by a unit of local 
        government in the State.
            ``(2) Individuals voting other than in person.--
        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 other than in person unless the individual submits with 
        the ballot a copy of a current and valid identification issued 
        by the State or by a unit of local government in the State.
            ``(3) Exception.--Paragraphs (1) and (2) do not apply in 
        the case of an individual who is unable to obtain an 
        identification for purposes of such paragraphs because of a 
        reasonable impediment, as determined in accordance with the law 
        of the State involved.''.
            (2) Conforming amendments.--Section 303 of such Act (52 
        U.S.C. 21083) is amended--
                    (A) in the heading, by striking ``for voters who 
                register by mail'' and inserting ``for providing 
                identification''; and
                    (B) 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)''.
            (3) 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 
                            identification.''.
    (b) 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 the date of the enactment of this Act.
            (2) Conforming amendment.--Section 303(d)(2) of the Help 
        America Vote Act of 2002 (52 U.S.C. 21083(d)(2)) is amended to 
        read as follows:
            ``(2) Requirement to provide photo identification.--
        Paragraphs (1), (2), and (3) of subsection (b) shall apply with 
        respect to elections for Federal office held on or after the 
        date of the enactment of the SAVE America Act.''.

SEC. 4. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN NEW 
              STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE FOR 
              VOTER REGISTRATION PURPOSES.

    (a) Requirements for Applicants for Licenses.--Section 5(d) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is 
amended--
            (1) by striking ``Any change'' and inserting ``(1) Any 
        change''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) A State motor vehicle authority shall require each 
individual applying for a motor vehicle driver's license in the State--
            ``(i) to attest, under penalty of perjury, whether the 
        individual resides in another State or resided in another State 
        prior to applying for the license, and, if so, to identify the 
        State involved; and
            ``(ii) to attest, under penalty of perjury, whether the 
        individual intends for the State to serve as the individual's 
        residence for purposes of registering to vote in elections for 
        Federal office.
    ``(B) If pursuant to subparagraph (A)(ii) an individual indicates 
to the State motor vehicle authority that the individual intends for 
the State to serve as the individual's residence for purposes of 
registering to vote in elections for Federal office, the authority 
shall notify the motor vehicle authority of the State identified by the 
individual pursuant to subparagraph (A)(i), who shall notify the chief 
State election official of such State that the individual no longer 
intends for that State to serve as the individual's residence for 
purposes of registering to vote in elections for Federal office.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect with respect to elections occurring in 2021 or any 
succeeding year.

SEC. 5. PRE-ELECTION MAINTENANCE OF OFFICIAL VOTER REGISTRATION LIST.

    (a) Requiring State To Certify Completion of Program To Remove 
Ineligible Voters Prior to Date of Election.--Section 8(c)(2)(A) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20507(c)(2)(A)) is 
amended by striking ``A State shall complete'' and all that follows 
through ``eligible voters.'' and inserting the following: ``Not later 
than 90 days prior to the date of an election for Federal office, each 
State shall certify to the Election Assistance Commission that the 
State has completed a program to remove the names of ineligible voters 
from the official list of eligible voters with respect to the 
election.''.
    (b) Provision of Information to State by United States Postal 
Service and Social Security Administration.--Section 8(c)(2) of such 
Act (52 U.S.C. 20507(c)(2)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
    ``(B) Not later than 180 days before the date of each regularly 
scheduled general election for Federal office--
            ``(i) the Postmaster General shall transmit to the chief 
        State election official of a State change-of-address 
        information on individuals who, since the previous regularly 
        scheduled general election for Federal office, are no longer 
        residents of the State; and
            ``(ii) the Director of the Social Security Administration 
        shall transmit to the chief State election official information 
        on individuals from the State who have died since the previous 
        regularly scheduled general election for Federal office''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2022 and each succeeding election for 
Federal office.

SEC. 6. VOTING SYSTEMS RESEARCH BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    The Director of the National Institute of Standards and Technology, 
in collaboration with the National Science Foundation as appropriate, 
shall carry out a program of research on voting systems, including--
            (1) the cybersecurity of different components of such 
        systems;
            (2) end-to-end verifiable systems;
            (3) the timely counting, verification, and certification of 
        results;
            (4) the accessibility and usability of different components 
        of such systems;
            (5) voter privacy and data protection;
            (6) methods for auditing elections;
            (7) the interoperability of system technologies;
            (8) means for providing voters with the ability to easily 
        check whether a ballot sent by mail has been dispatched to the 
        voter and whether the voter's marked ballot has been received 
        and accepted by the appropriate election official;
            (9) the reliability of various approaches to voter 
        authentication;
            (10) accessibility and transparency for poll watchers;
            (11) methods for authenticating and updating voter 
        registration lists; and
            (12) such other areas of research as the Director of the 
        National Institute of Standards and Technology determines to be 
        appropriate and related to the security and integrity of 
        elections for Federal office.

SEC. 7. ENHANCED PENALTIES FOR FRAUDULENT TRANSMISSION OF BALLOTS BY 
              MAIL IN FEDERAL ELECTIONS.

    (a) Penalties for Mail Fraud.--Section 1341 of title 18, United 
States Code, is amended by striking ``20 years'' and inserting ``20 
years (or, in the case of a matter or thing consisting of a ballot in 
an election for Federal office which is placed or deposited for 
purposes of executing a scheme or artifice involving multiple ballots, 
30 years)''.
    (b) Penalties for Use of Fictitious Name or Address on Ballot.--
Section 1343 of title 18, United States Code, is amended by striking 
``five years'' and inserting ``five years (or, in the case of mail 
matter consisting of a ballot in an election for Federal office which 
is transmitted for purposes of executing a scheme or artifice involving 
multiple ballots, 10 years)''.
    (c) Penalties for Transmission of Fraudulent Ballots.--Section 12 
of the National Voter Registration Act of 1993 (52 U.S.C. 20511) is 
amended by striking ``five years'' and inserting ``five years (or, in 
the case of activity described in paragraph (2)(B) which involves the 
transmission of multiple ballots by mail, 10 years)''.

SEC. 8. REPORTING SYSTEM FOR INCIDENTS OF FRAUD IN FEDERAL ELECTIONS.

    (a) Reporting System.--The Attorney General shall establish a 
system through which persons may report incidents of fraud in elections 
for Federal office, including through a toll-free hotline and a 
confidential online portal.
    (b) Deadline.--The Attorney General shall establish the system 
under subsection (a) not later than 30 days after the date of the 
enactment of this Act.

SEC. 9. SEPARATE TREATMENT OF PROVISIONAL AND MAIL-IN BALLOTS.

    (a) Provisional Ballots.--Section 302(a)(4) of the Help America 
Vote Act of 2002 (52 U.S.C. 21082(a)(4)) is amended by striking the 
period at the end and inserting the following: ``, except that the 
ballot shall be separated and held apart from the ballots cast at the 
polling place which were not provisional ballots.''.
    (b) Mail-In Ballots.--Section 302 of such Act (52 U.S.C. 21082) is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Treatment of Mail-In Ballots.--
            ``(1) Separation from ballots cast at polling place.--The 
        appropriate election official shall ensure that ballots in an 
        election which are cast by mail are separated and held apart 
        from, and tabulated separately from, ballots in the election 
        which are cast at a polling place.
            ``(2) Effective date.--This subsection shall apply with 
        respect to the regularly scheduled general election for Federal 
        office held in November 2022 and each succeeding election for 
        Federal office.''.
    (c) Conforming Amendment Relating to Effective Date.--Section 
302(e) of such Act (52 U.S.C. 21082(e)), as redesignated by subsection 
(b)(1), is amended by striking ``Each State'' and inserting ``Except as 
provided in subsection (d)(2), each State''.

SEC. 10. CONDITIONS ON PROVISION AND ACCEPTANCE OF BALLOTS BY MAIL.

    (a) Conditions Described.--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 304 the following new 
        section:

``SEC. 304. CONDITIONS ON PROVISION AND ACCEPTANCE OF BALLOTS BY MAIL.

    ``(a) Certification of Absence.--
            ``(1) In general.--An election official may not provide an 
        absentee ballot to an individual in an election for Federal 
        office unless--
                    ``(A) the individual attests that the individual 
                will be absent on the date of the election from the 
                jurisdiction in which the individual is registered to 
                vote in person; or
                    ``(B) the individual will be unable to cast a 
                ballot in the election in person because of a 
                reasonable impediment, as determined in accordance with 
                the law of the State involved.
            ``(2) Exception for absent military voters.--Paragraph (1) 
        does not apply with respect to an individual who is an absent 
        uniformed services voter, as defined in section 107(1) of the 
        Uniformed and Overseas Absentee Voter Act (52 U.S.C. 20310(1)), 
        who is entitled to vote by absentee ballot under such Act.
    ``(b) Signature.--The appropriate election official may not accept 
a voted ballot transmitted by mail unless the ballot includes the 
voter's signature and--
            ``(1) the signature on the ballot matches a signature of 
        the voter under the records of the State; or
            ``(2) a witness observed the voter signing the ballot or 
        the voter's signature on the ballot is notarized.''.
    (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) Clerical Amendment.--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. Conditions on provision and acceptance of ballots by 
                            mail.''.
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