Securing our Elections Act of 2023

To ensure election integrity and security by establishing consistent photo identification requirements for voting in elections for Federal office, and for other purposes. 1. Short title This Act may be cited as the Securing our Elections Act of 2023 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. 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. 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 52 U.S.C. 20310(1) (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 (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) (1) by striking and (2) by striking the period at the end of paragraph (3) and inserting ; 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 and 303 303, 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 (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 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) 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.

Summary: Securing our Elections Act of 2023 This bill establishes certain photo identification requirements for voting in federal elections. 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. 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. 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. 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.