Securing our Elections Act of 2023

Subjects: Government Operations and Politics

Summary:  <p><b>Securing our Elections Act of 2023</b></p> <p>This bill establishes certain photo identification requirements for voting in federal elections.</p> <p>Specifically, the bill prohibits a state or local election official from providing a ballot for a federal election to an individual who does not present valid photo identification.</p> <p>Next, the bill outlines the availability of provisional ballots and the requirements for counting those ballots. In particular, an individual who does not present a valid photo identification must be permitted to cast a provisional ballot. However, an election official may not determine that the individual is eligible under state law to vote in the election unless, not later than three days after casting the provisional ballot, the individual presents (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because of a religious objection to being photographed.</p> <p>An election official may not allow for voting methods other than in-person voting unless the individual submits the ballot with (1) a copy of their photo identification, or (2) the last four digits of their Social Security number with an affidavit attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain a copy. This prohibition shall not apply to overseas military voters.</p> <p>The bill also requires an election official to provide an individual with a valid photo identification without charge if that individual presents an affidavit attesting to an inability to afford or otherwise obtain a valid photo identification.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 154 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 154

 To ensure election integrity and security by establishing consistent 
 photo identification requirements for voting in elections for Federal 
                    office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

 Mr. Fitzpatrick introduced the following bill; which was referred to 
                 the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
 To ensure election integrity and security by establishing consistent 
 photo identification requirements for voting in elections for Federal 
                    office, 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 ``Securing our Elections Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Free, fair, and secure elections are necessary to the 
        prosperity of democracy in the United States and around the 
        world.
            (2) The right to vote is a crucial aspect of American 
        citizenship and must be protected from any potential 
        interference, abuse, and fraud.
            (3) The passage of the Help America Vote Act of 2002 
        improved and standardized State and local governments' 
        administration of Federal elections, but lacked strong 
        provisions to validate a voter's identity prior to their 
        voting.
            (4) In 2005, the bipartisan Commission on Federal Election 
        Reform co-chaired by former Democratic President Jimmy Carter 
        and former Republican Secretary of State James A. Baker III 
        released a report which explicitly recommended that States 
        require voters to use a valid identification that includes 
        their full legal name, date of birth, a signature, and a photo.
            (5) A public survey conducted by the reputable, nonpartisan 
        Monmouth University Polling Institute in June 2021 indicated 
        that an overwhelming 80 percent of Americans support requiring 
        voters to show a photo identification in order to vote.
            (6) Valid identification is required by the States and the 
        Federal Government for a multitude of serious purposes in 
        public life such as driving or renting a car, boarding an 
        airplane or train, traveling within and outside of the United 
        States, purchasing alcohol or controlled substances, picking up 
        prescription medication, opening a bank account or cashing a 
        check, applying for employment or housing opportunities, and 
        much more.
            (7) As determined by the Congressional Research Service, 
        161 nations worldwide--approximately 83 percent--require their 
        citizens to present a form of identification in order to vote, 
        including 38 of the top 50 most democratic nations identified 
        by the Democracy Index 2021.
            (8) More than two-thirds of the States already request or 
        require citizens to show a form of identification in order to 
        vote, 22 of which request or require a photo identification for 
        the purposes of voting.

SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement To Provide Photo Identification as Condition of 
Casting Ballot.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
        section 303 the following new section:

``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.

    ``(a) Provision of Identification Required as Condition of Casting 
Ballot.--
            ``(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 a valid photo identification.
                    ``(B) Availability of provisional ballot.--
                            ``(i) In general.--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, not later than 3 days after 
                        casting the provisional ballot, the individual 
                        presents to the official--
                                    ``(I) the identification required 
                                under subparagraph (A); or
                                    ``(II) an affidavit developed and 
                                made available to the individual by the 
                                State attesting that the individual 
                                does not possess the identification 
                                required under subparagraph (A) because 
                                the individual has a religious 
                                objection to being photographed.
                            ``(ii) No effect on other provisional 
                        balloting rules.--Nothing in clause (i) may be 
                        construed to apply to the casting of a 
                        provisional ballot pursuant to section 302(a) 
                        or any State law for reasons other than the 
                        failure to present the identification required 
                        under subparagraph (A).
            ``(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 valid photo 
                        identification; or
                            ``(ii) the last four digits of the 
                        individual's Social Security number and an 
                        affidavit developed and made available to the 
                        individual by the State attesting that the 
                        individual is unable to obtain a copy of a 
                        valid photo identification after making 
                        reasonable efforts to obtain such a copy.
                    ``(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 (52 U.S.C. 20310(1)), 
                other than an individual described in section 107(1)(C) 
                of such Act.
    ``(b) Providing Certain Assistance to Individuals Unable To Pay 
Costs of Obtaining Identification or Otherwise Unable To Obtain 
Identification.--
            ``(1) Provision of identification without charge to certain 
        individuals.--If an individual presents a State official at the 
        appropriate State agency or department designated by the State 
        with an affidavit developed and made available to the 
        individual by the State attesting that the individual is unable 
        to pay the costs associated with obtaining a valid photo 
        identification under this section, or attesting that the 
        individual is otherwise unable to obtain a valid photo 
        identification under this section after making reasonable 
        efforts to obtain such an identification, the official shall 
        provide the individual with a valid photo identification under 
        this subsection without charge to the individual.
            ``(2) Public access to digital imaging devices.--With 
        respect to each State, the appropriate State or local 
        government official of the State shall ensure, to the extent 
        practicable, public access to a digital imaging device, which 
        shall include a printer, copier, image scanner, or 
        multifunction machine, at State and local government buildings 
        in the State, including courts, libraries, and police stations, 
        for the purpose of allowing individuals to use such a device at 
        no cost to the individual to make a copy of a valid photo 
        identification.
    ``(c) Valid Photo Identifications Described.--For purposes of this 
section, a `valid photo identification' means, with respect to an 
individual who seeks to vote in a State, any of the following:
            ``(1) A valid State-issued motor vehicle driver's license 
        that includes a photo of the individual and an expiration date.
            ``(2) A valid State-issued identification card that 
        includes a photo of the individual and an expiration date.
            ``(3) A valid United States passport for the individual.
            ``(4) A valid military identification for the individual.
            ``(5) Any other form of government-issued identification 
        that the State may specify as a valid photo identification for 
        purposes of this subsection.
    ``(d) Notification of Identification Requirement to Applicants for 
Voter Registration.--
            ``(1) In general.--Each State shall ensure that, at the 
        time an individual applies to register to vote in elections for 
        Federal office in the State, the appropriate State or local 
        election official notifies the individual of the photo 
        identification requirements of this section.
            ``(2) Special rule for individuals applying to register to 
        vote online.--Each State shall ensure that, in the case of an 
        individual who applies to register to vote in elections for 
        Federal office in the State online, the online voter 
        registration system notifies the individual of the photo 
        identification requirements of this section before the 
        individual completes the online registration process.
    ``(e) Treatment of States With Certain Photo Identification 
Requirements in Effect as of Date of Enactment.--If, as of the date of 
the enactment of this section, a State has in effect a law that 
satisfies or exceeds the requirements of this section for an individual 
to provide a photo identification as a condition of casting a ballot in 
elections for Federal office held in the State and the law remains in 
effect on and after the effective date of this section, the State shall 
be considered to meet the requirements of this section if--
            ``(1) the State submits a request to the Attorney General 
        and provides such information as the Attorney General may 
        consider necessary to determine that the State has in effect 
        such a law and that the law remains in effect; and
            ``(2) the Attorney General--
                    ``(A) approves the request; or
                    ``(B) fails to issue a determination with respect 
                to the request during the 180-day period that begins on 
                the date the State submits such request.
    ``(f) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2024 or any succeeding year.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 303 
        the following new item:

``Sec. 303A. Photo identification requirements.''.
    (b) Conforming Amendment Relating to Voluntary Guidance by Election 
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 303A, October 1, 2023.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (d) Conforming Amendments Relating to Repeal of Existing Photo 
Identification Requirements for Certain Voters.--
            (1) In general.--Section 303 of such Act (52 U.S.C. 21083) 
        is amended--
                    (A) in the heading, by striking ``and requirements 
                for voters who register by mail'';
                    (B) in the heading of subsection (b), by striking 
                ``for Voters Who Register by Mail'' and inserting ``for 
                Mail-In Registration Forms'';
                    (C) in subsection (b), by striking paragraphs (1) 
                through (3) and redesignating paragraphs (4) and (5) as 
                paragraphs (1) and (2), respectively; and
                    (D) 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)''.
            (2) 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.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to elections for Federal office held 
in 2024 or any succeeding year.
                                 &lt;all&gt;
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