BIDEN Act
Bill: H.R.5448 | Sponsor: Rep. Gohmert, Louie (R-TX)
Policy area: Government Operations and Politics

Summary:
Believe In Delaware Election Nobility Act or the BIDEN Act
This bill prohibits states from taking certain actions related to voting in federal elections, particularly with respect to absentee voting.
Specifically, the bill prohibits states from (1) using automatic voter registration systems, (2) providing absentee ballots to individuals unless they meet specified application requirements and are unable to vote in person, (3) using drop boxes to collect completed absentee ballots unless the box is located within a building that serves as an office for an election official, (4) accepting completed absentee ballots that are received after the polls close on election day, and (5) allowing individuals to vote at a polling place during an early voting period.
Additionally, the bill places certain restrictions on the delivery of completed absentee ballots and requirements for collecting these ballots. In particular, the bill prohibits a completed absentee ballot that is delivered by an individual other than the voter from being counted unless the individual who delivers the ballot is acting within the individual's official duties as authorized by law, such as an employee of the U.S. Postal Service.
The bill also requires individuals to provide proof of identification to vote.

To promote integrity in elections for Federal office by prohibiting 
 automatic voter registration and requiring voter identification, 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 ``Believe In Delaware Election 
Nobility Act'' or the ``BIDEN Act''.

SEC. 2. RESTRICTIONS ON CERTAIN VOTER REGISTRATION ACTIVITIES.

    (a) Prohibition of Automatic Voter Registration.--Section 8 of the 
National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Prohibiting Registration Pursuant to Automatic Voter 
Registration System.--
            ``(1) Prohibition.--A State may not register an individual 
        to vote in elections for Federal office pursuant to an 
        automatic voter registration system.
            ``(2) Definition.--In this subsection, the term `automatic 
        voter registration system' means, with respect to a State, a 
        system that registers an individual to vote in elections for 
        Federal office in the State, if eligible, by electronically 
        transferring the information necessary for registration from 
        government agencies to election officials of the State so that, 
        unless the individual affirmatively declines to be registered, 
        the individual will be registered to vote in such elections.''.
    (b) Voter Registration Deadline.--Section 8(a)(1) of the National 
Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by 
striking ``not later than the lesser of 30 days, or the period provided 
by State law, before the date of the election'' each place it appears 
and inserting ``not later than the fourth Saturday prior to the date of 
the election''.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to the regularly scheduled general 
election for Federal office held in 2022 and any succeeding election 
for Federal office.

SEC. 3. REQUIRING IN PERSON VOTERS TO PROVIDE IDENTIFICATION.

    (a) Requirements.--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:

``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR IN PERSON VOTING.

    ``(a) Identification Requirements for Voters Who Vote in Person.--
Notwithstanding any other provision of law and except as provided in 
subsection (b) and section 302(a), the appropriate State or local 
election official may not provide an individual a ballot to vote in 
person at a polling place in the State in an election for Federal 
office unless the individual provides to such official proof of 
identity and address.
    ``(b) Exception.--Notwithstanding subsection (a), the appropriate 
State or local election official shall provide a ballot for an election 
for Federal office to an individual who desires to vote in person if 
the individual presents the appropriate State or local election 
official with a sworn written statement attesting to the individual's 
identity.
    ``(c) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 2022 
and any succeeding election for Federal office.''.
    (b) 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 304''.
    (c) Conforming Amendments Relating to Repeal of Existing Photo 
Identification Requirements 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 requirements 
                for voters who register by mail'' and inserting ``and 
                requirements for mail-in registration forms'';
                    (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 
                            and requirements for mail-in registration 
                            forms.''.
    (d) Clerical Amendments.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Mandatory provision of identification for in person 
                            voting.''.

SEC. 4. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT.

    (a) Requirements.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.), as amended by section 3(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT.

    ``(a) Individuals Eligible To Receive Absentee Ballot.--
            ``(1) Excusable reasons to receive absentee ballot.--A 
        State may not provide to an individual an absentee ballot to 
        vote in an election for Federal office unless such individual 
        meets the application requirements described in paragraph (2) 
        and is unable to vote in person at the appropriate polling 
        place in the State on the date of the election for any of the 
        following reasons:
                    ``(A) The business or occupation of the individual 
                prevents such individual from voting in person on the 
                date of the election.
                    ``(B) The individual is unable to vote in person on 
                the date of the election because such individual 
                provides care to a parent, spouse, or child with an 
                illness, disability, or injury that requires constant 
                care.
                    ``(C) The individual suffers from a physical 
                ailment or is an individual with a disability that 
                substantially limits any major life activities.
                    ``(D) The individual will be absent from the 
                jurisdiction in which the individual is registered to 
                vote on the date of the election.
                    ``(E) The individual is unable to vote in person on 
                the date of the election due to sincerely held 
                religious beliefs.
                    ``(F) The individual is entitled to vote by 
                absentee ballot under any other Federal law.
            ``(2) Application requirements.--A State may not provide to 
        an individual an absentee ballot to vote in an election for 
        Federal office unless--
                    ``(A) the individual submits an application to the 
                appropriate State or local election official and such 
                application is received by the official not later than 
                noon on the date before the date of the election; and
                    ``(B) the application includes--
                            ``(i) the individual's name and address;
                            ``(ii) the reason such individual is unable 
                        to vote in person at the appropriate polling 
                        place in the State on the date of the election 
                        and such reason is an excusable reason 
                        described in paragraph (1); and
                            ``(iii) a sworn written statement attesting 
                        to the individual's identity.
    ``(b) Restrictions on Delivery of Voted Absentee Ballots.--A voted 
absentee ballot delivered to the appropriate election official in an 
election for Federal office by an individual who is not the voter shall 
not be counted unless the individual who delivers such ballot is acting 
with respect to the individual's official duties as authorized by law 
and is--
            ``(1) an election official;
            ``(2) an employee of the United States Postal Service; or
            ``(3) any other individual who is authorized by law to 
        collect and transmit United States mail.
    ``(c) Requirements for Collection of Absentee Ballots.--The 
appropriate State or local election official shall collect voted 
absentee ballots in an election for Federal office delivered to such 
official in a carrier envelope which is designed to protect such 
ballots from tampering, removal, or substitution without detection and 
which shall--
            ``(1) contain absentee ballots from a single jurisdiction;
            ``(2) be labeled to reflect the jurisdiction for which the 
        absentee ballots are to be counted; and
            ``(3) be sealed by such official at the time at which the 
        polls in the election close on the date of the election.
    ``(d) Prohibiting Use of Drop Boxes for Collection of Ballots.--A 
State may not use a drop box for the collection of voted absentee 
ballots in an election for Federal office unless the drop box is 
located inside a building which serves as an office for a State or 
local election official.
    ``(e) Prohibiting Acceptance of Absentee Ballots Received After 
Date of Election.--A State may not accept a voted absentee ballot in an 
election for Federal office which is not received by the appropriate 
State or local election official prior to the time at which the polls 
in the election close on the date of the election.
    ``(f) Exception for Absent Military and Overseas Voters.--This 
section, except with respect to the absentee ballot collection 
requirements specified in subsection (c), shall not apply with respect 
to any individual who is entitled to vote by absentee ballot under the 
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et 
seq.).
    ``(g) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 2022 
and any succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by 
section 3(b), is amended by striking ``and 304'' and inserting ``304, 
and 305''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 3(d), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Requirements with respect to voting by absentee ballot.''.

SEC. 5. PROHIBITION AGAINST EARLY VOTING PERIOD.

    (a) Requirements.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.), as amended by section 3(a) and section 4(a), 
is amended--
            (1) by redesignating sections 306 and 307 as sections 307 
        and 308, respectively; and
            (2) by inserting after section 305 the following new 
        section:

``SEC. 306. PROHIBITION AGAINST EARLY VOTING PERIOD.

    ``(a) In General.--A State may not allow individuals to vote at a 
polling place in the State in an election for Federal office during an 
early voting period which occurs prior to the date of the election in 
the same manner as voting is allowed on such date.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 2022 
and any succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by 
section 3(b) and section 4(b), is amended by striking ``and 305'' and 
inserting ``305, and 306''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 3(d) and section 4(c), is amended--
            (1) by redesignating the items relating to sections 306 and 
        307 as relating to sections 307 and 308, respectively; and
            (2) by inserting after the item relating to section 305 the 
        following new item:

``Sec. 306. Prohibition against early voting period.''.
                                 <all>