I 

118TH CONGRESS 

1ST SESSION H. R. 5189 

To amend the Help America Vote Act of 2002 to condition the eligibility 

of a State or jurisdiction in a State to receive Federal funds to support 

the administration of elections for Federal office in the State on having 

laws in effect that require voters to present a valid photo identification 

in order to receive or cast a ballot in such elections, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 11, 2023 

Mr. MIKE GARCIA of California introduced the following bill; which was 

referred to the Committee on House Administration 

A BILL 

To amend the Help America Vote Act of 2002 to condition 

the eligibility of a State or jurisdiction in a State to 

receive Federal funds to support the administration of 

elections for Federal office in the State on having laws 

in effect that require voters to present a valid photo 

identification in order to receive or cast a ballot in such 

elections, 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 ‘‘Voter Integrity and 

3 Defense Act’’. 

4 SEC. 2. REQUIRING PHOTO IDENTIFICATION LAW AS CON5 DITION OF ELIGIBILITY FOR FEDERAL FUNDS 

6 TO SUPPORT ELECTION ADMINISTRATION. 

7 (a) REQUIREMENT.—Subtitle D of title II of the Help 

8 America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 

9 amended by adding at the end the following new part: 

10 ‘‘PART 7—CONDITIONING ELIGIBILITY FOR 

11 FUNDS ON LAWS REQUIRING PHOTO IDENTI12 FICATION FOR VOTING 

13 ‘‘SEC. 297. CONDITION ON ELIGIBILITY FOR FUNDS. 

14 ‘‘(a) REQUIRING PROVISION OF PHOTO IDENTIFICA15 TION FOR VOTING.—A State or a jurisdiction in a State 

16 is not eligible to receive a payment from the Commission 

17 under this Act or any other Act unless the State or juris18 diction certifies to the Commission that the State has in 

19 effect a law that— 

20 ‘‘(1) prevents the appropriate State or local 

21 election official from providing a ballot for an elec22 tion for Federal office to an individual who desires 

23 to vote in person unless the individual presents to 

24 the official a valid photo identification described in 

25 section 297A; and 


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1 ‘‘(2) prevents the appropriate State or local 

2 election official from accepting any ballot for an 

3 election for Federal office provided by an individual 

4 who votes other than in person unless the individual 

5 submits with the ballot a copy of a valid photo iden6 tification described in section 297A. 

7 ‘‘(b) EXCEPTION FOR ABSENT MILITARY VOTERS.— 

8 A State or jurisdiction is eligible to receive a payment if 

9 the State provides an exemption under the law described 

10 in subsection (a) for absent uniformed services voters 

11 under section 107(1) of the Uniformed and Overseas Citi12 zens Absentee Voting Act (52 U.S.C. 20310(1)). 

13 ‘‘SEC. 297A. VALID PHOTO IDENTIFICATION DESCRIBED. 

14 ‘‘A valid photo identification described in this section 

15 with respect to an individual is any of the following: 

16 ‘‘(1) A valid State-issued motor vehicle driver’s 

17 license that includes a photo of the individual and an 

18 expiration date. 

19 ‘‘(2) A valid State-issued identification card 

20 that includes a photo of the individual and an expi21 ration date. 

22 ‘‘(3) A valid United States passport for the in23 dividual. 

24 ‘‘(4) A valid military identification for the indi25 vidual. 


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1 ‘‘(5) Any other form of government-issued iden2 tification that the State may specify as a valid photo 

3 identification for purposes of voting in an election 

4 for Federal office.’’. 

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

6 of such Act is amended by adding at the end of the items 

7 relating to subtitle D of title II the following: 

‘‘PART 7—CONDITIONING PAYMENT OF FUNDS ON LAWS REQUIRING PHOTO

IDENTIFICATION FOR VOTING

‘‘Sec. 297. Condition on payments. 

‘‘Sec. 297A. Valid photo identification described. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this Act shall apply with respect to payments made on or 

10 after the date of the enactment of this Act. 

Æ 


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