I 
115TH CONGRESS 
1ST SESSION H. R. 2090 
To amend the Help America Vote Act of 2002 to require voters in elections 
for Federal office to provide photo identification as a condition of casting 
a ballot in such elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2017 
Mr. MESSER 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 require 
voters in elections for Federal office to provide photo 
identification as a condition of casting a ballot in such 
elections, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Election Integrity Act 
of 2017’’. 
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SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTI-
FICATION. 
(a) REQUIREMENT TO PROVIDE PHOTO IDENTIFICA-
TION AS CONDITION OF CASTING BALLOT.— 
(1) IN GENERAL.—Title III of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 15481 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 IDENTI-
FICATION.—Notwithstanding any other provi-
sion of law and except as provided in subpara-
graph (B), the appropriate State or local elec-
tion 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 identifica-
tion. 
‘‘(B) AVAILABILITY OF PROVISIONAL BAL-
LOT.— 
‘‘(i) IN
GENERAL.—If an individual 
does not present the identification required 
under subparagraph (A), the individual 
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shall be permitted to cast a provisional bal-
lot with respect to the election under sec-
tion 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 un-
less, not later than 10 days after casting 
the provisional ballot, the individual pre-
sents to the official— 
‘‘(I) the identification required 
under subparagraph (A); or 
‘‘(II) an affidavit attesting that 
the individual does not possess the 
identification required under subpara-
graph (A) because the individual has 
a religious objection to being photo-
graphed. 
‘‘(ii) NO EFFECT ON OTHER PROVI-
SIONAL
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 identi-
fication required under subparagraph (A). 
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‘‘(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 a copy of 
a valid photo identification. 
‘‘(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 ac-
tive 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 Over-
seas Citizens Absentee Voting Act (52 U.S.C. 
20310(1)), other than an individual described 
in section 107(1)(C) of such Act. 
‘‘(b) PROVISION
OF
IDENTIFICATIONS
WITHOUT 
CHARGE TO INDIVIDUALS UNABLE TO PAY COSTS OF OB-
TAINING IDENTIFICATION.—If an individual presents a 
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State or local election official with an affidavit attesting 
that the individual is unable to pay the costs associated 
with obtaining a valid photo identification under this sec-
tion, the official shall provide the individual with a valid 
photo identification under this subsection without charge 
to the individual. 
‘‘(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 expi-
ration date. 
‘‘(3) A valid United States passport for the in-
dividual. 
‘‘(4) A valid military identification for the indi-
vidual. 
‘‘(5) Any other form of government-issued iden-
tification that the State may specify as a valid photo 
identification for purposes of this subsection. 
‘‘(d) NOTIFICATION OF IDENTIFICATION REQUIRE-
MENT TO APPLICANTS FOR VOTER REGISTRATION.— 
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Attorney General may consider necessary to deter-
mine that the State has in effect such a law and 
that the law remains in effect; and 
‘‘(2) the Attorney General approves the request. 
‘‘(f) EFFECTIVE DATE.—This section shall apply 
with respect to elections for Federal office held in 2020 
or any succeeding year.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 VOL-
UNTARY GUIDANCE BY ELECTION ASSISTANCE COMMIS-
SION.—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 para-
graph (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, 2018.’’. 
(c) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
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is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
303A’’. 
(d) CONFORMING AMENDMENTS RELATING TO RE-
PEAL OF EXISTING PHOTO IDENTIFICATION REQUIRE-
MENTS FOR CERTAIN VOTERS.— 
(1) IN GENERAL.—Section 303 of such Act (42 
U.S.C. 15483) is amended— 
(A) in the heading, by striking ‘‘AND RE-
QUIREMENTS 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 REGISTRA-
TION FORMS’’; 
(C) in subsection (b), by striking para-
graphs (1) through (3) and redesignating para-
graphs (4) and (5) as paragraphs (1) and (2), 
respectively; and 
(D) in subsection (c), by striking ‘‘sub-
sections (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 con-
tents 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.’’. 
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(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to 
elections for Federal office held in 2020 or any succeeding 
year. 
Æ 
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