I 

108TH CONGRESS 

2D SESSION H. R. 4174 

To amend the National Voter Registration Act of 1993 to require an individual to provide proof that the individual is a citizen of the United 

States as a condition of registering to vote in elections for Federal 

office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2004 

Mr. GINGREY (for himself, Mr. JONES of North Carolina, Mr. SAM JOHNSON

of Texas, Mr. DEAL of Georgia, and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on House Administration 

A BILL 

To amend the National Voter Registration Act of 1993 to 

require an individual to provide proof that the individual 

is a citizen of the United States as a condition of registering to vote in elections for Federal office, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Voter Citizenship 

5 Verification Act’’. 
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1 SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR VOTER 

2 REGISTRATION. 

3 (a) IN GENERAL.—Section 9(b) of the National Voter 

4 Registration Act of 1993 (42 U.S.C. 1973gg–7(b)) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘may require’’ 

7 and inserting ‘‘consistent with paragraph (5), may 

8 require’’; 

9 (2) by striking ‘‘and’’ at the end of paragraph 

10 (3); 

11 (3) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and 

13 (4) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) shall require the applicant to provide a 

16 photographic copy of any document which provides 

17 proof that the applicant is a citizen of the United 

18 States, which may not include a motor vehicle driv19 er’s license unless the State issuing the license re20 quired the applicant to provide proof of the appli21 cant’s United States citizenship as a condition of re22 ceiving the license.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall apply with respect to the regularly 

25 scheduled general election for Federal office held in No-
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1 vember 2004 and each succeeding election for Federal of2 fice. 

3 SEC. 3. PROOF OF CITIZENSHIP REQUIRED FOR CASTING 

4 BALLOT. 

5 (a) IN GENERAL.—Section 303 of the Help America 

6 Vote Act of 2002 (42 U.S.C. 15483) is amended— 

7 (1) by redesignating subsections (c) and (d) as 

8 subsections (d) and (e); and 

9 (2) by inserting after subsection (b) the fol10 lowing new subsection: 

11 ‘‘(c) REQUIRING PROOF OF CITIZENSHIP AT POLL12 ING PLACE.— 

13 ‘‘(1) INDIVIDUALS VOTING IN PERSON.—Not14 withstanding any other provision of law, the appro15 priate State or local election official may not provide 

16 a ballot for an election for Federal office (including 

17 a provisional ballot under section 302(a)) to an indi18 vidual who desires to vote in person unless the indi19 vidual presents to the official a photographic copy of 

20 any document which provides proof that the indi21 vidual is a citizen of the United States. 

22 ‘‘(2) INDIVIDUALS VOTING BY MAIL.—Notwith23 standing any other provision of law, the appropriate 

24 State or local election official may not accept any 

25 ballot for an election for Federal office provided by 
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1 an individual who votes by mail unless the individual 

2 submits with the ballot a photographic copy of any 

3 document which provides proof that the individual is 

4 a citizen of the United States. 

5 ‘‘(3) EXCEPTION FOR INDIVIDUALS WITH

6 PROOF OF CITIZENSHIP ON FILE WITH ELECTION

7 OFFICIAL.—Paragraphs (1) and (2) shall not apply 

8 in the case of an individual who, at the time the in9 dividual applied to register to vote in Federal elec10 tions in the State involved, provided the appropriate 

11 State election official with a photographic copy of a 

12 document which provided proof that the individual is 

13 a citizen of the United States. 

14 ‘‘(4) TREATMENT OF DRIVER’S LICENSES.—For 

15 purposes of this subsection, a motor vehicle driver’s 

16 license shall not be treated as a document which 

17 provides proof that the individual to whom the li18 cense is issued is a citizen of the United States un19 less the State issuing the license required the indi20 vidual to provide proof of the individual’s United 

21 States citizenship as a condition of receiving the li22 cense.’’. 

23 (b) CONFORMING AMENDMENT.—Section 303 of 

24 such Act (42 U.S.C. 15483) is amended in the heading 
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1 by striking ‘‘FOR VOTERS WHO REGISTER BY MAIL’’ 

2 and inserting ‘‘FOR PREVENTING VOTING FRAUD’’. 

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

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

5 section 303 to read as follows: 

‘‘Sec. 303. Computerized statewide voter registration list requirements and requirements for preventing voting fraud.’’. 

6 (d) EFFECTIVE DATE.—Section 303(e) of such Act 

7 (42 U.S.C. 15483(e)), as redesignated by subsection 

8 (a)(1), is amended by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) PROOF OF CITIZENSHIP.—Subsection (c) 

11 shall apply with respect to the regularly scheduled 

12 general election for Federal office held in November 

13 2004 and each succeeding election for Federal of14 fice.’’. 

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