America Votes Act of 2021

To amend the Help America Vote Act of 2002 to permit an individual who is subject to a requirement to present identification as a condition of voting in an election for Federal office to meet such requirement by presenting a sworn written statement attesting to the individual’s identification, and for other purposes. 1. Short title This Act may be cited as the America Votes Act of 2021 2. Permitting use of sworn written statement to meet identification requirements for voting (a) Permitting use of statement Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 303A. Permitting use of sworn written statement to meet identification requirements (a) Use of statement (1) In general Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identification and attesting that the individual is registered to vote in the election; or (B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). (2) Providing pre-printed copy of statement A State which is subject to paragraph (1) shall— (A) prepare a pre-printed version of the statement described in paragraph (1)(A) which includes a blank space for an individual to provide a name and signature; (B) make copies of the pre-printed version available at polling places for election officials to distribute to individuals who desire to vote in person; and (C) include a copy of the pre-printed version with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. (b) Requiring use of regular ballot A State may not require an individual who presents or submits a sworn written statement in accordance with subsection (a)(1) to cast a provisional ballot in the election under section 302. (c) Exception for first-Time voters registering by mail Subsections (a) and (b) do not apply with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements of paragraph (2) of such section. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 and 303 303, and 303A (c) 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. Permitting use of sworn written statement to meet identification requirements. . 3. Requiring States to include information on use of sworn written statement in voting information material posted at polling places Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (F) and inserting ; and (3) by adding at the end the following new subparagraph: (G) in the case of a State that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section 303A. . 4. Effective date The amendments made by this Act shall apply with respect to elections occurring on or after the date of the enactment of this Act.

Summary: America Votes Act of 2021 This bill permits the use of sworn written statements to meet identification requirements for voting in federal elections. Specifically, an individual who is required to present identification as a condition of voting in a federal election may meet this requirement by presenting a sworn written statement attesting to the individual's identification and that he or she is registered to vote in the election. An individual who wants to vote by mail may submit such a statement with the ballot. States with an identification requirement must make copies of a preprinted version of the statement available for individuals to complete. Additionally, states must provide these individuals with a regular ballot instead of a provisional ballot. The bill does not apply to first-time voters registering by mail.