109TH CONGRESS 

2D SESSION H. R. 4844

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Election Integ3 rity Act of 2006’’ . 

4 SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTI5 FICATION. 

6 (a) REQUIREMENT TO PROVIDE PHOTO IDENTIFICA7 TION AS CONDITION OF RECEIVING BALLOT.—Section 

8 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 

9 15483(b)) is amended—

10 (1) in the heading, by striking ‘‘FOR VOTERS

11 WHO REGISTER BY MAIL’’ and inserting ‘‘FOR PRO12 VIDING PHOTO IDENTIFICATION’’; and 

13 (2) by striking paragraphs (1) through (3) and 

14 inserting the following: 

15 ‘‘(1) INDIVIDUALS VOTING IN PERSON.—

16 ‘‘(A) REQUIREMENT TO PROVIDE IDENTI17 FICATION.—Notwithstanding any other provi18 sion of law and except as provided in subpara19 graph (B), the appropriate State or local elec20 tion official may not provide a ballot for an 

21 election for Federal office to an individual who 

22 desires to vote in person unless the individual 

23 presents to the official—

24 ‘‘(i) a government-issued, current, and 

25 valid photo identification; or 
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1 ‘‘(ii) in the case of the regularly 

2 scheduled general election for Federal of3 fice held in November 2010 and each sub4 sequent election for Federal office, a gov5 ernment-issued, current, and valid photo 

6 identification for which the individual was 

7 required to provide proof of United States 

8 citizenship as a condition for the issuance 

9 of the identification. 

10 ‘‘(B) AVAILABILITY OF PROVISIONAL BAL11 LOT.—If an individual does not present the 

12 identification required under subparagraph (A), 

13 the individual shall be permitted to cast a provi14 sional ballot with respect to the election under 

15 section 302(a), except that the appropriate 

16 State or local election official may not make a 

17 determination under section 302(a)(4) that the 

18 individual is eligible under State law to vote in 

19 the election unless the individual presents the 

20 identification required under subparagraph (A) 

21 to the official not later than 48 hours after 

22 casting the provisional ballot. 

23 ‘‘(2) INDIVIDUALS VOTING OTHER THAN IN

24 PERSON.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law and except as provided in 

3 subparagraph (B), the appropriate State or 

4 local election official may not accept any ballot 

5 for an election for Federal office provided by an 

6 individual who votes other than in person unless 

7 the individual submits with the ballot—

8 ‘‘(i) a copy of a government-issued, 

9 current, and valid photo identification; or 

10 ‘‘(ii) in the case of the regularly 

11 scheduled general election for Federal of12 fice held in November 2010 and each sub13 sequent election for Federal office, a copy 

14 of a government-issued, current, and valid 

15 photo identification for which the indi16 vidual was required to provide proof of 

17 United States citizenship as a condition for 

18 the issuance of the identification. 

19 ‘‘(B) EXCEPTION FOR OVERSEAS MILITARY

20 VOTERS.—Subparagraph (A) does not apply 

21 with respect to a ballot provided by an absent 

22 uniformed services voter who, by reason of ac23 tive duty or service, is absent from the United 

24 States on the date of the election involved. In 

25 this subparagraph, the term ‘absent uniformed 
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1 services voter’ has the meaning given such term 

2 in section 107(1) of the Uniformed and Over3 seas Citizens Absentee Voting Act (42 U.S.C. 

4 1973ff—6(1)), other than an individual de5 scribed in section 107(1)(C) of such Act. 

6 ‘‘(3) SPECIFIC REQUIREMENTS FOR IDENTI7 FICATIONS.—For purposes of paragraphs (1) and 

8 (2)—

9 ‘‘(A) an identification is ‘government10 issued’ if it is issued by the Federal Govern11 ment or by the government of a State; and 

12 ‘‘(B) an identification is one for which an 

13 individual was required to provide proof of 

14 United States citizenship as a condition for 

15 issuance if the identification displays an official 

16 marking or other indication that the individual 

17 is a United States citizen.’’. 

18 (b) CONFORMING AMENDMENTS.—Section 303 of 

19 such Act (42 U.S.C. 15483) is amended—

20 (1) in the heading, by striking ‘‘FOR VOTERS

21 WHO REGISTER BY MAIL’’ and inserting ‘‘FOR

22 PROVIDING PHOTO IDENTIFICATION’’; and 

23 (2) in subsection (c), by striking ‘‘subsections 

24 (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)’’ and inserting 

25 ‘‘subsection (a)(5)(A)(i)(II)’’. 
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1 (c) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by amending the item relating to 

3 section 303 to read as follows:

‘‘Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.’’.

4 (d) EFFECTIVE DATE.—

5 (1) IN GENERAL.—This section and the amend6 ments made by this section shall apply with respect 

7 to the regularly scheduled general election for Fed8 eral office held in November 2008 and each subse9 quent election for Federal office. 

10 (2) CONFORMING AMENDMENT.—Section 

11 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is 

12 amended to read as follows: 

13 ‘‘(2) REQUIREMENT TO PROVIDE PHOTO IDEN14 TIFICATION.—Paragraphs (1) and (2) of subsection 

15 (b) shall apply with respect to the regularly sched16 uled general election for Federal office held in No17 vember 2008 and each subsequent election for Fed18 eral office.’’. 

19 SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE. 

20 (a) REQUIRING STATES TO MAKE IDENTIFICATION

21 AVAILABLE.—Section 303(b) of the Help America Vote 

22 Act of 2002 (42 U.S.C. 15483(b)), as amended by section 

23 2(a)(2), is amended—
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1 (1) by redesignating paragraphs (4) and (5) as 

2 paragraphs (5) and (6); and 

3 (2) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) MAKING PHOTO IDENTIFICATIONS AVAIL6 ABLE.—

7 ‘‘(A) IN GENERAL.—During fiscal year 

8 2008 and each succeeding fiscal year, each 

9 State shall establish a program to provide photo 

10 identifications which may be used to meet the 

11 requirements of paragraphs (1) and (2) by indi12 viduals who desire to vote in elections held in 

13 the State but who do not otherwise possess a 

14 government-issued photo identification. 

15 ‘‘(B) IDENTIFICATIONS PROVIDED AT NO

16 COST TO INDIGENT INDIVIDUALS.—If a State 

17 charges an individual a fee for providing a 

18 photo identification under the program estab19 lished under subparagraph (A)—

20 ‘‘(i) the fee charged may not exceed 

21 the reasonable cost to the State of pro22 viding the identification to the individual; 

23 and 

24 ‘‘(ii) the State may not charge a fee 

25 to any individual who provides an attesta-
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1 tion that the individual is unable to afford 

2 the fee. 

3 ‘‘(C) IDENTIFICATIONS NOT TO BE USED

4 FOR OTHER PURPOSES.—Any photo identifica5 tion provided under the program established 

6 under subparagraph (A) may not serve as a 

7 government-issued photo identification for pur8 poses of any program or function of a State or 

9 local government other than the administration 

10 of elections.’’. 

11 (b) PAYMENTS TO STATES TO COVER COSTS.—Sub12 title D of title II of such Act (42 U.S.C. 15321 et seq.) 

13 is amended by adding at the end the following new part: 

14 ‘‘PART 7—PAYMENTS TO COVER COSTS OF PRO15 VIDING PHOTO IDENTIFICATIONS TO INDI16 GENT INDIVIDUALS 

17 ‘‘SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PRO18 VIDING PHOTO IDENTIFICATIONS FOR VOT19 ING TO INDIGENT INDIVIDUALS. 

20 ‘‘(a) PAYMENTS TO STATES.—The Commission shall 

21 make payments to States to cover the costs incurred in 

22 providing photo identifications under the program estab23 lished under section 303(b)(4) to individuals who are un24 able to afford the fee that would otherwise be charged 

25 under the program. 
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1 ‘‘(b) AMOUNT OF PAYMENT.—The amount of the 

2 payment made to a State under this part for any year 

3 shall be equal to the amount of fees which would have 

4 been collected by the State during the year under the pro5 gram established under section 303(b)(4) but for the ap6 plication of section 303(b)(4)(B)(ii), as determined on the 

7 basis of information furnished to the Commission by the 

8 State at such time and in such form as the Commission 

9 may require. 

10 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated for pay12 ments under this part such sums as may be necessary for 

13 fiscal year 2008 and each succeeding fiscal year.’’. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 of such Act is amended by adding at the end of the item 

16 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.’’.
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1 (d) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect October 1, 

3 2007. 

Passed the House of Representatives September 20, 

2006. 

Attest:

Clerk. 

109TH CONGRESS 

2D SESSION H. R. 4844

AN ACT

To amend the Help America Vote Act of 2002 to 

photo identification, and for other purposes.priate election official with a government-issued election for Federal office to provide the approrequire each individual who desires to vote in an