I 

109TH CONGRESS 

1ST SESSION H. R. 2250 

To require the Attorney General to investigate allegations of violations of 

Federal criminal law regarding elections not later than 30 days after 

receiving the allegation, to amend the Help America Vote Act of 2002 

to establish standards for the distribution of voter registration application 

forms and the handling of absentee ballots, to require individuals to 

produce photo identification as a condition of registering to vote or 

voting in elections for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2005 

Mr. GREEN of Wisconsin introduced the following bill; which was referred to 

the Committee on House Administration, and in addition to the Committee on 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 require the Attorney General to investigate allegations 

of violations of Federal criminal law regarding elections 

not later than 30 days after receiving the allegation, 

to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration 

application forms and the handling of absentee ballots, 

to require individuals to produce photo identification as 

a condition of registering to vote or voting in elections 

for Federal office, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Valuing Our Trust 

5 in Elections Act’’. 

6 SEC. 2. TIMETABLE FOR INVESTIGATION OF ALLEGATIONS 

7 OF VIOLATIONS OF CRIMINAL LAW REGARD8 ING ELECTIONS. 

9 (a) 30-DAY DEADLINE FOR INITIATION OF INVES10 TIGATION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, not later than 30 days after receiv13 ing a complaint or other allegation of a violation of 

14 any Federal criminal law regarding voter intimida15 tion, election fraud, or any provision relating to vot16 ing or registering to vote in elections for Federal of17 fice, including section 3(b), the Attorney General 

18 shall initiate an investigation of the complaint or al19 legation, and shall notify the chief election official of 

20 the State involved of the status of the investigation 

21 every 60 days until the investigation is completed. 

22 (2) EXCEPTION FOR COMPLAINTS UNACCOM23 PANIED BY EVIDENCE.—Paragraph (1) shall not 

24 apply with respect to a complaint or allegation re25 ceived by the Attorney General if the person filing 
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1 the complaint or allegation does not provide any evi2 dence to support the complaint or allegation. 

3 (b) EFFECT ON STATE ENFORCEMENT.—Nothing in 

4 this section may be construed to prohibit a State from in5 vestigating complaints or allegations of violations of the 

6 offenses referred to in subsection (a), so long as the State 

7 does not interfere with or otherwise impede the investiga8 tion initiated by the Attorney General. 

9 (c) EFFECTIVE DATE.—This section shall apply with 

10 respect to complaints and allegations received by the At11 torney General on or after the date of the enactment of 

12 this Act. 

13 SEC. 3. STANDARDS FOR DISTRIBUTION OF VOTER REG14 ISTRATION APPLICATION FORMS. 

15 (a) REQUIRING STATES TO ESTABLISH STAND16 ARDS.—Section 303 of the Help America Vote Act of 2002 

17 (42 U.S.C. 15483) is amended— 

18 (1) by redesignating subsection (d) as sub19 section (e); and 

20 (2) by inserting after subsection (c) the fol21 lowing new subsection: 

22 ‘‘(d) STANDARDS FOR DISTRIBUTION AND TRANS23 MITTAL OF VOTER REGISTRATION APPLICATION

24 FORMS.— 

25 ‘‘(1) DISTRIBUTION OF FORMS.— 
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1 ‘‘(A) ESTABLISHMENT OF STANDARDS.— 

2 Each State shall establish standards for the dis3 tribution of voter registration application forms 

4 for elections for Federal office under which an 

5 individual shall be prohibited from distributing 

6 any such form if the individual— 

7 ‘‘(i) has been convicted of a felony 

8 under any State or Federal law; 

9 ‘‘(ii) does not provide identifying in10 formation (including the individual’s name, 

11 address, and other appropriate contact in12 formation, including the name and address 

13 of any organization which pays the indi14 vidual to distribute such forms) to each in15 dividual to whom the individual distributes 

16 such a form; or 

17 ‘‘(iii) does not meet any other require18 ments imposed by the State. 

19 ‘‘(B) EXCEPTION FOR CERTAIN DISTRIBU20 TIONS.—Subparagraph (A) shall not apply in 

21 the case of the distribution of a voter registra22 tion application form— 

23 ‘‘(i) by an individual to any member 

24 of the individual’s immediate family or to 
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1 any individual who shares a residence with 

2 the individual; 

3 ‘‘(ii) by an individual who distributes 

4 10 or fewer of such forms with respect to 

5 any election; or 

6 ‘‘(iii) under such other circumstances 

7 as the State may provide. 

8 ‘‘(2) COLLECTION AND TRANSMITTAL OF

9 FORMS FOR CHIEF STATE ELECTION OFFICIAL.— 

10 Any individual who collects a voter registration ap11 plication form for elections for Federal office and 

12 transmits the form to the chief State election official 

13 for verification by the election official shall include 

14 with each such form a statement signed by the indi15 vidual under penalty of perjury that the applicant 

16 presented the individual with a current, valid, gov17 ernment-issued photo identification that matched the 

18 name and identifying information provided on the 

19 completed application form.’’. 

20 (b) PENALTIES.— 

21 (1) DISTRIBUTION AND TRANSMITTAL OF

22 FORMS BY INDIVIDUALS NOT MEETING STAND23 ARDS.—Any person who distributes a voter registra24 tion application form for elections for Federal office 

25 in a State who does not meet the standards estab-
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1 lished by the State for the distribution of such forms 

2 pursuant to section 303(d) of the Help America 

3 Vote Act of 2002 (as added by subsection (a)), or 

4 who collects and transmits a form which does not in5 clude the information required under section 

6 303(d)(2), shall be guilty of a misdemeanor and 

7 fined in accordance with title 18, United States 

8 Code. 

9 (2) EMPLOYMENT OF INELIGIBLE INDIVIDUAL

10 TO DISTRIBUTE FORMS.—Any person who employs 

11 an individual to distribute voter registration applica12 tion forms for elections for Federal office in a State 

13 and who knows, or should reasonably be expected to 

14 know, that the individual does not meet the stand15 ards established by the State for the distribution of 

16 such forms pursuant to section 303(d) of the Help 

17 America Vote Act of 2002 shall be guilty of a mis18 demeanor and fined in accordance with title 18, 

19 United States Code. 

20 (c) EFFECTIVE DATE.— 

21 (1) ESTABLISHMENT OF STANDARDS BY

22 STATES.—Section 303(e) of the Help America Vote 

23 Act of 2002, as redesignated by subsection (a), is 

24 amended by adding at the end the following new 

25 paragraph: 
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1 ‘‘(3) STANDARDS FOR DISTRIBUTION OF VOTER

2 REGISTRATION APPLICATION FORMS.—Each State 

3 shall be required to comply with the requirements of 

4 subsection (d) on and after the expiration of the 

5 180-day period which begins on the date of the en6 actment of the Valuing Our Trust in Elections 

7 Act.’’. 

8 (2) ADOPTION OF VOLUNTARY GUIDANCE BY

9 ELECTION ASSISTANCE COMMISSION.—Section 

10 311(a) of such Act (42 U.S.C. 15501(a)) is amend11 ed— 

12 (A) in paragraph (2), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (3)— 

15 (i) by striking ‘‘section 303’’ and in16 serting ‘‘section 303 (other than subsection 

17 (d))’’, and 

18 (ii) by striking the period at the end 

19 and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(4) in the case of the recommendations with 

23 respect to section 303(d), 120 days after the date of 

24 the enactment of the Valuing Our Trust in Elections 

25 Act.’’. 
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1 SEC. 4. STANDARDS FOR HANDLING ABSENTEE BALLOTS. 

2 (a) ESTABLISHMENT OF STANDARDS BY ELECTION

3 ASSISTANCE COMMISSION.— 

4 (1) IN GENERAL.—Subtitle C of title II of the 

5 Help America Vote Act of 2002 (42 U.S.C. 15381 

6 et seq.) is amended by inserting after section 246 

7 the following new section: 

8 ‘‘SEC. 246A. ESTABLISHMENT OF STANDARDS FOR HAN9 DLING ABSENTEE BALLOTS. 

10 ‘‘(a) ESTABLISHMENT OF STANDARDS.—The Com11 mission shall establish standards for the prevention of 

12 fraud and abuse in the handling of absentee ballots in elec13 tions for Federal office, and shall include in the standards 

14 a prohibition against the handling of an absentee ballot 

15 by any individual other than the voter or any person au16 thorized to handle material delivered to the individual (in17 cluding a caregiver or guardian). 

18 ‘‘(b) DEADLINE; REVISION.—The Commission shall 

19 establish the standards required under this section not 

20 later than 120 days after the date of the enactment of 

21 the Valuing Our Trust in Elections Act, and shall review 

22 and (if necessary) revise the standards every 4 years 

23 thereafter.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents of subtitle C of title II of such Act is amended 
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1 by inserting after the item relating to section 246 

2 the following new item: 

‘‘Sec. 246A. Establishment of standards for handling absentee ballots.’’. 

3 (b) REQUIRING STATES TO COMPLY WITH STAND4 ARDS IN ADMINISTERING ELECTIONS.— 

5 (1) IN GENERAL.—Subtitle A of title III of 

6 such Act (42 U.S.C. 15481 et seq.) is amended by 

7 inserting after section 303 the following new section: 

8 ‘‘SEC. 303A. COMPLIANCE WITH STANDARDS FOR HAN9 DLING ABSENTEE BALLOTS. 

10 ‘‘(a) IN GENERAL.—Each State shall distribute, col11 lect, and process absentee ballots in elections for Federal 

12 office in accordance with the standards established by the 

13 Commission under section 246A. 

14 ‘‘(b) EFFECTIVE DATE.—This section shall take ef15 fect upon the expiration of the 60-day period which begins 

16 on the date the Commission establishes standards under 

17 section 246A.’’. 

18 (2) CONFORMING AMENDMENT RELATING TO

19 ENFORCEMENT OF REQUIREMENT.—Section 401(a) 

20 of such Act (42 U.S.C. 15511(a)) is amended by 

21 striking ‘‘sections 301, 302, and 303’’ and inserting 

22 ‘‘subtitle A of title III’’. 
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1 (3) CLERICAL AMENDMENT.—The table of con2 tents of such Act is amended by inserting after the 

3 item relating to section 303 the following new item: 

‘‘Sec. 303A. Compliance with standards for handling absentee ballots.’’. 

4 (c) PENALTIES.—Any person who knowingly and 

5 willfully handles an absentee ballot in an election for Fed6 eral office in a fraudulent manner shall be fined in accord7 ance with title 18, United States Code. 

8 SEC. 5. REQUIRING INDIVIDUALS REGISTERING TO VOTE 

9 AND VOTERS TO PROVIDE PHOTO IDENTI10 FICATION. 

11 (a) INDIVIDUALS REGISTERING TO VOTE.—Section 

12 303(a)(5)(A) of the Help America Vote Act of 2002 (42 

13 U.S.C. 15483(a)(5)(A)) is amended by adding at the end 

14 the following new clause: 

15 ‘‘(iv) PHOTO IDENTIFICATION.— 

16 ‘‘(I) REQUIREMENT.—Notwith17 standing any other provision of law, 

18 an application for voter registration 

19 for an election for Federal office may 

20 not be accepted or processed by a 

21 State unless the applicant— 

22 ‘‘(aa) presents to the elec23 tion official accepting the appli24 cation a current, valid, govern25 ment-issued photo identification, 
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1 in the case an applicant who pre2 sents the application in person to 

3 an election official, including any 

4 individual deputized by the State 

5 to accept and process such appli6 cations; or 

7 ‘‘(bb) includes with the ap8 plication a copy of a current, 

9 valid, government-issued photo 

10 identification, in the case of any 

11 other applicant. 

12 ‘‘(II) EXCEPTION.—A State may 

13 establish exceptions to the require14 ments of subclause (I) in the case of 

15 individuals who are unable to obtain 

16 photo identification because of dis17 ability or physical incapacity.’’. 

18 (b) VOTERS.— 

19 (1) IN GENERAL.—Section 303(b) of such Act 

20 (42 U.S.C. 15483(b)) is amended— 

21 (A) in the heading, by striking ‘‘FOR VOT22 ERS WHO REGISTER BY MAIL’’ and inserting 

23 ‘‘FOR PROVIDING PHOTO IDENTIFICATION’’; 

24 and 
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1 (B) by striking paragraphs (1) through (3) 

2 and inserting the following: 

3 ‘‘(1) INDIVIDUALS VOTING IN PERSON.—Not4 withstanding any other provision of law, the appro5 priate State or local election official may not provide 

6 a ballot for an election for Federal office (including 

7 a provisional ballot under section 302(a)) to an indi8 vidual who desires to vote in person unless the indi9 vidual presents to the official a current, valid, gov10 ernment-issued photo identification. 

11 ‘‘(2) INDIVIDUALS VOTING BY MAIL.—Notwith12 standing any other provision of law, the appropriate 

13 State or local election official may not accept any 

14 ballot for an election for Federal office provided by 

15 an individual who votes by mail unless the individual 

16 submits with the ballot a copy of a current, valid, 

17 government-issued photo identification. 

18 ‘‘(3) EXCEPTION.—A State may establish ex19 ceptions to the requirements of paragraphs (1) and 

20 (2) in the case of individuals who are unable to ob21 tain photo identification because of disability or 

22 physical incapacity.’’. 

23 (2) CONFORMING AMENDMENTS.—Section 303 

24 of such Act (42 U.S.C. 15483) is amended— 
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1 (A) in the heading, by striking ‘‘FOR VOT2 ERS WHO REGISTER BY MAIL’’ and inserting 

3 ‘‘FOR PROVIDING PHOTO IDENTIFICA4 TION’’; and 

5 (B) in subsection (c), by striking ‘‘sub6 sections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)’’ 

7 and inserting ‘‘subsection (a)(5)(A)(i)(II)’’. 

8 (3) CLERICAL AMENDMENT.—The table of con9 tents of such Act is amended by amending the item 

10 relating to section 303 to read as follows: 

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

11 (4) EFFECTIVE DATE.—Section 303(d) of such 

12 Act (42 U.S.C. 15483(d)) is amended to read as fol13 lows: 

14 ‘‘(d) REQUIREMENT TO PROVIDE PHOTO IDENTI15 FICATION.—Subsections (a)(5)(A)(iv) and (b) shall apply 

16 with respect to the regularly scheduled general election for 

17 Federal office held in November 2006 and each succeeding 

18 election for Federal office.’’. 

19 (c) PROVIDING FINANCIAL ASSISTANCE TO STATES

20 TO SUBSIDIZE COSTS TO INDIVIDUALS OF REQUIRED

21 PHOTO IDENTIFICATION.— 

22 (1) IN GENERAL.—Subtitle D of title II of such 

23 Act (42 U.S.C. 15401 et seq.) is amended by adding 

24 at the end the following new part: 
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1 ‘‘PART 7—PAYMENTS TO ASSIST LOW-INCOME IN2 DIVIDUALS IN OBTAINING REQUIRED PHOTO 

3 IDENTIFICATION 

4 ‘‘SEC. 297. FINANCIAL ASSISTANCE TO STATES TO SUB5 SIDIZE COSTS TO INDIVIDUALS OF REQUIRED 

6 PHOTO IDENTIFICATION. 

7 ‘‘(a) IN GENERAL.—The Commission shall make pay8 ments to eligible States for assisting individuals with cov9 ering the costs of obtaining the government-issued photo 

10 identification an individual must present or provide in 

11 order to receive a ballot in an election for Federal office 

12 under section 303(b). 

13 ‘‘(b) USE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—A State receiving a pay15 ment under this part shall use the payment to re16 duce the amount the State would otherwise require 

17 an individual to pay to obtain the photo identifica18 tion required under section 303(b). 

19 ‘‘(2) LIMITATIONS.—A State may not use a 

20 payment under this part— 

21 ‘‘(A) to reduce the amount an individual 

22 pays for an identification unless the individual 

23 is a low-income individual, as determined by the 

24 State in accordance with such criteria and tests 

25 as the State may establish; 
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1 ‘‘(B) to reduce the amount an individual 

2 pays for an identification by more than $9; or 

3 ‘‘(C) to reduce the amount an individual is 

4 otherwise required to pay for a driver’s license. 

5 ‘‘(c) ELIGIBILITY OF STATES.—A State is eligible to 

6 receive a payment under this part if the State submits 

7 to the Commission (at such time and in such form as the 

8 Commission may require) an application containing such 

9 information and assurances as the Commission may re10 quire. 

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

12 ‘‘There are authorized to be appropriated for pay13 ments under this part such sums as may be necessary for 

14 fiscal year 2006 and each succeeding fiscal year, to remain 

15 available until expended.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents of such Act is amended by adding at the end 

18 of the item relating to subtitle D of title II the fol19 lowing: 

‘‘PART 7—PAYMENTS TO ASSIST LOW-INCOME INDIVIDUALS IN OBTAINING

REQUIRED PHOTO IDENTIFICATION

‘‘Sec. 297. Financial assistance to States to subsidize costs to individuals of required photo identification. 

‘‘Sec. 297A. Authorization of appropriations.’’. 

20 SEC. 6. TRAINING FOR POLL WORKERS. 

21 (a) REQUIRING POLL WORKERS TO UNDERGO

22 TRAINING.— 
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1 (1) IN GENERAL.—Subtitle A of title III of the 

2 Help America Vote Act of 2002 (42 U.S.C. 15481 

3 et seq.), as amended by section 3(b), is amended by 

4 inserting after section 303A the following new sec5 tion: 

6 ‘‘SEC. 303B. TRAINING PROGRAMS FOR POLL WORKERS. 

7 ‘‘(a) REQUIRING POLL WORKERS TO UNDERGO

8 TRAINING.—No individual may serve as an election offi9 cial at any polling placed for any election for Federal office 

10 unless the State certifies that the individual has success11 fully completed a program sponsored by the State under 

12 which the individual is trained in the applicable laws gov13 erning election administration in the State, including the 

14 laws governing who is eligible to vote, the forms of identi15 fication that may be accepted at the polling place, how 

16 votes are cast, and the procedures for contacting other of17 ficials in the event that problems occur during the day 

18 of the election. 

19 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

20 with respect to the regularly scheduled general election for 

21 Federal office held in November 2006 and each succeeding 

22 election for Federal office.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents of subtitle A of title III of such Act is amend-
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1 ed by inserting after the item relating to section 303 

2 the following new item: 

‘‘Sec. 303B. Training programs for poll workers.’’. 

3 (b) PROVIDING FUNDS TO STATES TO CARRY OUT

4 PROGRAMS.—Section 257(a) of such Act (42 U.S.C. 

5 15407(a)) is amended by adding at the end the following 

6 new paragraph: 

7 ‘‘(4) For fiscal year 2006 and each succeeding 

8 fiscal year, such sums as may be necessary, except 

9 that funds provided pursuant to the authorization 

10 under this paragraph may be used only for purposes 

11 of meeting the requirements of section 303B (relat12 ing to training programs for poll workers).’’. 

13 SEC. 7. MANDATORY AUDIT OF STATE COMPLIANCE WITH 

14 REQUIREMENTS. 

15 (a) MANDATORY AUDIT BY COMMISSION.—Title IV 

16 of the Help America Vote Act of 2002 (42 U.S.C. 15511 

17 et seq.) is amended by adding at the end the following 

18 new section: 

19 ‘‘SEC. 403. AUDIT OF STATE COMPLIANCE WITH REQUIRE20 MENTS. 

21 ‘‘(a) AUDIT OF COMPLIANCE OF STATES RECEIVING

22 FUNDING.—If a State receives any payment under a pro23 gram under this Act, the Commission may (at such times 

24 as it considers appropriate) conduct an audit to review the 
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1 State’s compliance with the applicable requirements of this 

2 Act. 

3 ‘‘(b) PENALTY FOR FAILURE TO CURE NONCOMPLI4 ANCE.—If, as a result of an audit conducted under this 

5 section, the Commission notifies a State that the State 

6 is not in compliance with any of the applicable require7 ments of this Act and the State does not cure the non8 compliance prior to the expiration of the 60-day period 

9 which begins on the date the Commission notifies the 

10 State, the Commission may impose such penalty upon the 

11 State (including a civil money penalty or a reduction in 

12 the amount of any payment to the State under a program 

13 under this Act) as it considers appropriate.’’. 

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

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

16 relating to title IV the following new item: 

‘‘Sec. 403. Audit of State compliance with requirements.’’. 

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