ballot box with election integrity and voter con-
fidence goals. 
(B) As confirmed by the bipartisan Com-
mission on Federal Election Reform (commonly 
known as the Carter-Baker Commission), 
‘‘[v]oters in nearly 100 democracies use a photo 
identification card without fear of infringement 
of their rights’’. 
(C) As confirmed by the Carter-Baker 
Commission, ‘‘[t]he right to vote is a vital com-
ponent of U.S. citizenship and all States should 
use their best efforts to obtain proof of citizen-
ship before registering voters.’’. 
(D) The Carter-Baker Commission was 
correct in its 2005 report when it recommended 
that the REAL ID Act be ‘‘modestly adapted 
for voting purposes to indicate on the front or 
back whether the individual is a U.S. citizen.’’. 
(E) Congress acknowledges the important 
work completed by the Carter-Baker Commis-
sion and, by amending the REAL ID Act, re-
solves the concerns in the Commission’s report 
that ‘‘[t]he REAL ID Act does not require that 
the card indicates citizenship, but that would 
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need to be done if the card is to be used for 
voting purposes’’. 
(F) Photographic voter identification is im-
portant for ensuring voter confidence in election 
processes and outcomes. 
(G) Requiring photographic voter identi-
fication is well within States’ constitutional 
competence, including pursuant to the Quali-
fications Clause of the Constitution of the 
United States (article I, section 2, clause 2), 
the Presidential Electors Clause of the Con-
stitution (article II, section 1, clause 2), and 
the Seventeenth Amendment. 
(H) The Fifteenth Amendment, the Nine-
teenth Amendment, the Twenty-Fourth Amend-
ment, and the Twenty-Sixth Amendment, 
among other references, make clear that the 
Constitution prohibits voting by non-citizens in 
Federal elections. 
(I) Congress has the constitutional author-
ity, including under the aforementioned amend-
ments, to pass statutes preventing non-citizens 
from voting in Federal elections, and did so 
with the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996. 
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(J) Congress may further exercise its con-
stitutional authority to ensure the Constitu-
tion’s prohibition on non-citizen voting in Fed-
eral elections is upheld. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) the States should implement the sub-
stance of the recommendation of the Carter- 
Baker Commission that, ‘‘[t]o ensure that per-
sons presenting themselves at the polling place 
are the ones on the registration list, the Com-
mission recommends that states [encourage] 
voters to use the REAL ID card, which was 
mandated in a law signed by the President in 
May 2005’’; and 
(B) a standard State photo identification 
document, when required for voting purposes, 
should be available at no cost. 
(c) REAL ID ACT AMENDMENT.— 
(1) AMENDMENT.—Section 202(b) of the Real 
ID Act of 2005 (49 U.S.C. 30301 note) is amended 
by adding at the end the following new paragraph: 
‘‘(10) If the person is a citizen of the United 
States, an indication of that citizenship, except that 
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no other information may be included with respect 
to the immigration status of the person.’’. 
(2) APPLICABILITY.—The amendment made by 
this subsection shall be effective January 1, 2026, 
and shall apply with respect to any driver’s license 
or identification card issued by a State on and after 
such date. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or in any amendment made by this section may be 
construed to establish or mandate the use of a national 
identification card or to authorize any office of the execu-
tive branch to establish or mandate the use of a national 
identification card. 
SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR 
CERTAIN VOTERS NOT VOTING IN PERSON. 
(a) REQUIRING VOTERS TO PROVIDE IDENTIFICA-
TION.—Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.) is amended— 
(1) by redesignating sections 304 and 305 as 
sections 305 and 306; and 
(2) by inserting after section 303 the following 
new section: 
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‘‘SEC. 304. MANDATORY PROVISION OF IDENTIFICATION 
FOR CERTAIN VOTERS WHO VOTE BY MAIL. 
‘‘(a) FINDING OF CONSTITUTIONAL AUTHORITY.— 
Congress finds that it has the authority to establish the 
terms and conditions that States must follow with respect 
to the administration of voting by mail because article I, 
section 8, clause 7 of the Constitution of the United States 
and other enumerated powers grant Congress the power 
to regulate the operations of the United States Postal 
Service. 
‘‘(b) REQUIRING PROVISION OF IDENTIFICATION TO 
RECEIVE A BALLOT OR VOTE IN CERTAIN CASES.— 
‘‘(1) INDIVIDUALS REQUESTING A BALLOT TO 
VOTE BY MAIL.—Notwithstanding any other provi-
sion of law, the appropriate State or local election 
official may not provide an individual a ballot to vote 
by mail for an election for Federal office in a case 
in which the individual requested such ballot other 
than in person from the appropriate State or local 
election official of the State at a State designated 
elections office unless the individual submits with 
the application for the ballot a copy of an identifica-
tion described in paragraph (3). 
‘‘(2) INDIVIDUALS VOTING BY MAIL IN CERTAIN 
CASES.— 
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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, in a case in which the 
appropriate State or local election official pro-
vides an individual a ballot to vote by mail for 
an election for Federal office without requiring 
such individual to submit a separate application 
or request to receive such ballot for each such 
election, the election official may not accept the 
voted ballot unless the individual submits with 
the voted ballot a copy of an identification de-
scribed in paragraph (3). 
‘‘(B) FAIL-SAFE
VOTING.—An individual 
who desires to vote other than in person but 
who does not meet the requirements of subpara-
graph (A) may cast such a ballot other than in 
person and the ballot shall be counted as a pro-
visional ballot in accordance with section 
302(a). 
‘‘(3) IDENTIFICATION DESCRIBED.—An identi-
fication described in this paragraph is, with respect 
to an individual— 
‘‘(A) a current and valid photo identifica-
tion of the individual; 
‘‘(B) a copy of a current utility bill, bank 
statement, government check, paycheck, or 
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other government document that shows the 
name and address of the individual; 
‘‘(C) a valid driver’s license or an identi-
fication card issued by a State or the identifica-
tion number for such driver’s license or identi-
fication card issued by a State; 
‘‘(D) the last 4 digits of the individual’s 
social security number; or 
‘‘(E) such other documentation issued by a 
Federal, State, or local government that pro-
vides the same or more identifying information 
as required by subparagraphs (A) through (D) 
such that the election official is reasonably cer-
tain as to the identity of the individual. 
‘‘(c) EXCEPTIONS.—This section does not apply with 
respect to any individual who is— 
‘‘(1) entitled to vote by absentee ballot under 
the Uniformed and Overseas Citizens Absentee Vot-
ing Act (52 U.S.C. 20301 et seq.); 
‘‘(2) provided the right to vote otherwise than 
in person under section 3(b)(2)(B)(ii) of the Voting 
Accessibility for the Elderly and Handicapped Act 
(52 U.S.C. 20102(b)(2)(B)(ii)); or 
‘‘(3) entitled to vote otherwise than in person 
under any other Federal law. 
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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as prohibiting a State from impos-
ing identification requirements to request a ballot to vote 
by mail or cast a vote by mail that are more stringent 
than the requirements under this section. 
‘‘(e) EFFECTIVE DATE.—This section shall take ef-
fect on January 1, 2025.’’. 
(b) CONFORMING AMENDMENTS RELATING TO EX-
ISTING IDENTIFICATION REQUIREMENTS.— 
(1) TREATMENT AS INDIVIDUALS REGISTERING 
TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME 
VOTER
IDENTIFICATION
REQUIREMENTS.—Section 
303(b)(1)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(b)(1)(A)) is amended by striking 
‘‘by mail’’ and inserting ‘‘by mail or otherwise not 
in person at an elections office or voter registration 
agency of the State’’. 
(2) EXCEPTIONS.—Section 303(b)(3) of the 
Help America Vote Act of 2002 (52 U.S.C. 
21083(b)(3)) is amended— 
(A) in subparagraph (A), by striking ‘‘by 
mail under section 6 of the National Voter Reg-
istration Act of 1993 (42 U.S.C. 1973gg-4)’’ 
and inserting ‘‘by mail under section 6 of the 
National Voter Registration Act of 1993 (52 
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U.S.C. 20505) or otherwise not in person at a 
voter registration agency of the State’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘by mail under section 6 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg- 
4)’’ and inserting ‘‘by mail under section 6 of 
the National Voter Registration Act of 1993 
(52 U.S.C. 20505) or otherwise not in person 
at a voter registration agency of the State’’. 
(3) EXPANSION OF TYPES OF IDENTIFICATION 
PERMITTED.—Section 303(b)(2)(A) of the Help 
America 
Vote 
Act 
of 
2002 
(52 
U.S.C. 
21083(b)(2)(A)) is amended— 
(A) in clause (i)— 
(i) in subclause (I), by striking ‘‘or’’ 
at the end; and 
(ii) by adding at the end the following 
new subclause: 
‘‘(III) such other documentation 
issued by a Federal, State, or local 
government that provides the same or 
more identifying information as re-
quired by subclauses (I) and (II) such 
that the election official is reasonably 
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certain as to the identity of the indi-
vidual; or’’; and 
(B) in clause (ii)— 
(i) in subclause (I), by striking ‘‘or’’ 
at the end; 
(ii) in subclause (II), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing new subclause: 
‘‘(III) such other documentation 
issued by a Federal, State, or local 
government that provides the same or 
more identifying information as re-
quired by subclauses (I) and (II) such 
that the election official is reasonably 
certain as to the identity of the indi-
vidual.’’. 
(c) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
304’’. 
(d) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
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(1) by redesignating the items relating to sec-
tions 304 and 305 as relating to sections 305 and 
306; and 
(2) by inserting after the item relating to sec-
tion 303 the following: 
‘‘Sec. 304. Mandatory provision of identification for certain voters who vote by 
mail.’’. 
SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL 
ELECTION OBSERVERS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Confirmation of Congressional Observer Access Act of 
2023’’ or the ‘‘COCOA Act of 2023’’. 
(b) FINDINGS RELATING TO CONGRESSIONAL ELEC-
TION OBSERVERS.—Congress finds the following: 
(1) The Constitution delegates to each of House 
of the Congress the authority to ‘‘be the Judge of 
the Elections, Returns and Qualifications of its own 
Members’’. 
(2) While, in general, Congress shall respect the 
determination of State authorities with respect to 
the election of members to each House, each House 
of Congress serves as the final arbiter over any con-
test to the seating of any putative Member-elect or 
Senator-elect. 
(3) These election contest procedures are con-
tained in the precedents of each House of Congress. 
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Further, for the House of Representatives the proce-
dures exist under the Federal Contested Elections 
Act. 
(4) In the post-Civil War modern era, more 
than 100 election contests have been filed with the 
House of Representatives. 
(5) For decades, Congress has appointed and 
sent out official congressional observers to watch the 
administration of congressional elections in the 
States and territories. 
(6) These observers serve to permit Congress to 
develop its own factual record in preparation for 
eventual contests and for other reasons. 
(7) This section and the amendments made by 
this section do not establish any new authorities or 
procedures but are provided simply to permit a con-
venient statutory reference for existing Congres-
sional authority and activity. 
(c) CONFIRMING REQUIREMENT THAT STATES PRO-
VIDE ACCESS.—Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21081 et seq.), as amended by section 
125(a), is amended— 
(1) by redesignating sections 305 and 306 as 
sections 306 and 307; and 
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(2) by inserting after section 304 the following 
new section: 
‘‘SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL 
ELECTION OBSERVERS. 
‘‘(a) FINDING OF CONSTITUTIONAL AUTHORITY.— 
Congress finds that it has the authority to require that 
States allow access to designated Congressional election 
observers to observe the election administration proce-
dures in an election for Federal office because the author-
ity granted to Congress under article I, section 5 of the 
Constitution of the United States gives each House of 
Congress the power to be the judge of the elections, re-
turns and qualifications of its own Members. 
‘‘(b) REQUIRING STATES TO PROVIDE ACCESS.—A 
State shall provide each individual who is a designated 
Congressional election observer for an election with full 
access to clearly observe all of the elements of the adminis-
tration procedures with respect to such election, including 
but not limited to in all areas of polling places and other 
facilities where ballots in the election are processed, tab-
ulated, cast, canvassed, and certified, in all areas where 
voter registration activities occur before such election, and 
in any other such place where election administration pro-
cedures to prepare for the election or carry out any post- 
election recounts take place. No designated Congressional 
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election observer may handle ballots, elections equipment 
(voting or non-voting), advocate for a position or can-
didate, take any action to reduce ballot secrecy or other-
wise violate the privacy of a voter, or otherwise interfere 
with the elections administration process. 
‘‘(c) DESIGNATED CONGRESSIONAL ELECTION OB-
SERVER DESCRIBED.—In this section, a ‘designated Con-
gressional election observer’ is an individual who is des-
ignated in writing by the chair or ranking minority mem-
ber of the Committee on House Administration of the 
House of Representatives or the Committee on Rules and 
Administration of the Senate, or the successor committee 
in either House of Congress to gather information with 
respect to an election, including in the event that the elec-
tion is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, sec-
tion 5 of the Constitution of the United States.’’. 
(d) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 
21111), as amended by section 125(c), is amended by 
striking ‘‘and 304’’ and inserting ‘‘304, and 305’’. 
(e) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 125(d), is amended— 
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(1) by redesignating the items relating to sec-
tions 305 and 306 as relating to sections 306 and 
307; and 
(2) by inserting after the item relating to sec-
tion 304 the following: 
‘‘Sec. 305. Confirming access for Congressional election observers.’’. 
SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST- 
ELECTION AUDITS. 
(a) PERMITTING USE OF PAYMENTS FOR AUDITS.— 
Section 251(b)(1) of the Help America Vote Act of 2002 
(52 U.S.C. 21001(b)(1)) is amended by inserting ‘‘, in-
cluding to conduct and publish an audit of the effective-
ness and accuracy of the voting systems, nonvoting elec-
tion technology (as defined in section 298C), election pro-
cedures, and outcomes used to carry out an election for 
Federal office in the State and the performance of the 
State and local election officials who carried out the elec-
tion, but only if the audit meets the requirements of para-
graph (4)’’ after ‘‘requirements of title III’’. 
(b) REQUIREMENTS FOR AUDITS.—Section 251(b) of 
such Act (52 U.S.C. 21001(b)) is amended by adding at 
the end the following new paragraph: 
‘‘(4) REQUIREMENTS FOR AUDITS CONDUCTED 
WITH
REQUIREMENTS
PAYMENTS.—An audit de-
scribed in paragraph (1) meets the requirements of 
this paragraph if— 
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‘‘(1) INDIVIDUALS VOTING IN PERSON.—A Dis-
trict of Columbia election official may not provide a 
ballot for a District of Columbia election to an indi-
vidual who desires to vote in person unless the indi-
vidual presents to the official an identification de-
scribed in paragraph (3). 
‘‘(2) INDIVIDUALS
VOTING
OTHER
THAN
IN 
PERSON.—A District of Columbia election official 
may not provide a ballot for a District of Columbia 
election to an individual who desires to vote other 
than in person unless the individual submits with 
the application for the ballot a copy of an identifica-
tion described in paragraph (3). 
‘‘(3) IDENTIFICATION DESCRIBED.—An identi-
fication described in this paragraph is, with respect 
to an individual, any of the following: 
‘‘(A) A current and valid motor vehicle li-
cense issued by the District of Columbia or any 
other current and valid photo identification of 
the individual which is issued by the District of 
Columbia or the identification number for such 
motor vehicle license or photo identification. 
‘‘(B) A current and valid United States 
passport, a current and valid military photo 
identification, or any other current and valid 
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photo identification of the individual which is 
issued by the Federal government. 
‘‘(C) Any current and valid photo identi-
fication of the individual which is issued by a 
Tribal Government. 
‘‘(D) A student photo identification issued 
by a secondary school (as such term is defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)) or an institution of higher education (as 
such term is defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)). 
‘‘(E) The last 4 digits of the individual’s 
social security number. 
‘‘(4) ENSURING PROOF OF RESIDENCE.—If an 
individual presents or submits an identification de-
scribed in paragraph (3) which does not include the 
address of the individual’s residence, the District of 
Columbia election official may not provide a ballot to 
the individual unless the individual presents or sub-
mits a document or other written information from 
a third party which— 
‘‘(A) provides the address of the individ-
ual’s residence; and 
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