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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4844 Referred in Senate (RFS)]

  2d Session
                                H. R. 4844

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2006

                                Received

                           November 13, 2006

  Read twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 AN ACT

 To amend the Help America Vote Act of 2002 to require each individual 
 who desires to vote in an election for Federal office to provide the 
     appropriate election official with a government-issued photo 
                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 ``Federal Election Integrity Act of 
2006'' .

SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement to Provide Photo Identification as Condition of 
Receiving Ballot.--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.--
                    ``(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--
                            ``(i) a government-issued, current, and 
                        valid photo identification; or
                            ``(ii) in the case of the regularly 
                        scheduled general election for Federal office 
                        held in November 2010 and each subsequent 
                        election for Federal office, a government-
                        issued, current, and valid photo identification 
                        for which the individual was required to 
                        provide proof of United States citizenship as a 
                        condition for the issuance of the 
                        identification.
                    ``(B) Availability of provisional ballot.--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 the individual presents the 
                identification required under subparagraph (A) to the 
                official not later than 48 hours after casting the 
                provisional ballot.
            ``(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 government-issued, 
                        current, and valid photo identification; or
                            ``(ii) in the case of the regularly 
                        scheduled general election for Federal office 
                        held in November 2010 and each subsequent 
                        election for Federal office, a copy of a 
                        government-issued, current, and valid photo 
                        identification for which the individual was 
                        required to provide proof of United States 
                        citizenship as a condition for the issuance of 
                        the identification.
                    ``(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 (42 U.S.C. 1973ff--6(1)), 
                other than an individual described in section 107(1)(C) 
                of such Act.
            ``(3) Specific requirements for identifications.--For 
        purposes of paragraphs (1) and (2)--
                    ``(A) an identification is `government-issued' if 
                it is issued by the Federal Government or by the 
                government of a State; and
                    ``(B) an identification is one for which an 
                individual was required to provide proof of United 
                States citizenship as a condition for issuance if the 
                identification displays an official marking or other 
                indication that the individual is a United States 
                citizen.''.
    (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.--
            (1) In general.--This section and the amendments made by 
        this section shall apply with respect to the regularly 
        scheduled general election for Federal office held in November 
        2008 and each subsequent election for Federal office.
            (2) Conforming amendment.--Section 303(d)(2) of such Act 
        (42 U.S.C. 15483(d)(2)) is amended to read as follows:
            ``(2) Requirement to provide photo identification.--
        Paragraphs (1) and (2) of subsection (b) shall apply with 
        respect to the regularly scheduled general election for Federal 
        office held in November 2008 and each subsequent election for 
        Federal office.''.

SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE.

    (a) Requiring States to Make Identification Available.--Section 
303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as 
amended by section 2(a)(2), is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6); and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Making photo identifications available.--
                    ``(A) In general.--During fiscal year 2008 and each 
                succeeding fiscal year, each State shall establish a 
                program to provide photo identifications which may be 
                used to meet the requirements of paragraphs (1) and (2) 
                by individuals who desire to vote in elections held in 
                the State but who do not otherwise possess a 
                government-issued photo identification.
                    ``(B) Identifications provided at no cost to 
                indigent individuals.--If a State charges an individual 
                a fee for providing a photo identification under the 
                program established under subparagraph (A)--
                            ``(i) the fee charged may not exceed the 
                        reasonable cost to the State of providing the 
                        identification to the individual; and
                            ``(ii) the State may not charge a fee to 
                        any individual who provides an attestation that 
                        the individual is unable to afford the fee.
                    ``(C) Identifications not to be used for other 
                purposes.--Any photo identification provided under the 
                program established under subparagraph (A) may not 
                serve as a government-issued photo identification for 
                purposes of any program or function of a State or local 
                government other than the administration of 
                elections.''.
    (b) Payments to States to Cover Costs.--Subtitle D of title II of 
such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the 
following new part:

``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO 
                          INDIGENT INDIVIDUALS

``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO 
              IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS.

    ``(a) Payments to States.--The Commission shall make payments to 
States to cover the costs incurred in providing photo identifications 
under the program established under section 303(b)(4) to individuals 
who are unable to afford the fee that would otherwise be charged under 
the program.
    ``(b) Amount of Payment.--The amount of the payment made to a State 
under this part for any year shall be equal to the amount of fees which 
would have been collected by the State during the year under the 
program established under section 303(b)(4) but for the application of 
section 303(b)(4)(B)(ii), as determined on the basis of information 
furnished to the Commission by the State at such time and in such form 
as the Commission may require.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part such sums as may be necessary for fiscal year 2008 and each 
succeeding fiscal year.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to subtitle D of 
title II the following:

``Part 7--Payments to Cover Costs of Providing Photo Identifications to 
                          Indigent Individuals

``Sec. 297. Payments to cover costs to States of providing photo 
                            identifications for voting to indigent 
                            individuals.
``Sec. 297A. Authorization of appropriations.''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect October 1, 2007.

            Passed the House of Representatives September 20, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```