HR 9368 — Voter ID Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 HELP AMERICA VOTE ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 (a) Short Title.--This Act may be cited as the ``Help America 
Vote Act of 2002''.
 (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
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 TITLE II--COMMISSION

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 Subtitle D--Election Assistance

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 Part 7--Grant Program for Provision of Identification

Sec. 298. Grant program for provision of identification.

 TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
 ADMINISTRATION REQUIREMENTS

 Subtitle A--Requirements

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Sec. 303A. Photo identification requirements.

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TITLE II--COMMISSION

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Subtitle D--Election Assistance

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 PART 7--GRANT PROGRAM FOR PROVISION OF IDENTIFICATION

SEC. 298. GRANT PROGRAM FOR PROVISION OF IDENTIFICATION.

 (a) Grants to States.--
 (1) In general.--The Commission shall make grants to 
 each State that provides identification described in 
 paragraph (2) without charge to any individual who--
 (A) is eligible for such identification; and
 (B) provides an attestation under penalty of 
 perjury that the individual cannot afford to 
 pay the fee otherwise charged by the State for 
 the provision of the identification.
 (2) Identification described.--An identification 
 described in this subsection is--
 (A) a State-issued motor vehicle driver's 
 license that includes a photo of the individual 
 and an expiration date; and
 (B) an identification card issued by a State 
 motor vehicle authority that includes a photo 
 of the individual and an expiration date.
 (b) Grants to Tribes.--
 (1) In general.--The Commission shall make grants to 
 each Tribal government that provides identification 
 described in paragraph (2) without charge to any 
 individual who--
 (A) is eligible for such identification; and
 (B) provides an attestation under penalty of 
 perjury that the individual cannot afford to 
 pay such fee.
 (2) Identification described.--An identification 
 described in this subsection is an identification 
 document issued by a Tribal government that includes a 
 photo of the individual and an expiration date.
 (3) Tribal government.--In this subsection, the term 
 ``Tribal government'' means the governing body of any 
 Indian or Alaska Native tribe, band, nation, pueblo, 
 village, or community that the Secretary of the 
 Interior acknowledges to exist as an Indian tribe under 
 the Federally Recognized Indian Tribe List Act of 1994 
 (25 U.S.C. 479a et seq.).

 TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
 ADMINISTRATION REQUIREMENTS

Subtitle A--Requirements

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SEC. 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 physical 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--
 (i) submits with the ballot a copy of 
 a valid photo identification;
 (ii) submits with the ballot 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; or
 (iii) includes a notarization by a 
 notary public attesting that the 
 individual has personally marked the 
 ballot.
 (B) Exceptions.--Subparagraph (A) does not 
 apply with respect to a ballot provided by--
 (i) an absent uniformed services 
 voter, as defined in section 107(1) of 
 the Uniformed and Overseas Citizens 
 Absentee Voting Act (52 U.S.C. 
 20310(1)); or
 (ii) an individual 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)).
 (b) Providing 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) 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.
 (d) Valid Photo Identification Defined.--For purposes of this 
section, a ``valid photo identification'' means, with respect 
to an individual who seeks to vote in an election for Federal 
office, 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 expiration 
 date issued by a State motor vehicle authority.
 (3) A valid United States passport for the 
 individual.
 (4) A valid photo identification card for the 
 individual issued by the Department of Defense or the 
 Department of Veterans Affairs.
 (5) A valid identification document issued by a 
 Tribal government that includes a photo of the 
 individual and an expiration date.

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 Subtitle B--Voluntary Guidance

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

 (a) In General.--To assist States in meeting the requirements 
of subtitle A, the Commission shall adopt voluntary guidance 
consistent with such requirements in accordance with the 
procedures described in section 312.
 (b) Deadlines.--The Commission shall adopt the 
recommendations under this section not later than--
 (1) in the case of the recommendations with respect 
 to section 301, January 1, 2004;
 (2) in the case of the recommendations with respect 
 to section 302, October 1, 2003; [and]
 (3) in the case of the recommendations with respect 
 to section 303, October 1, 2003[.]; and
 (4) in the case of the recommendations with respect 
 to section 303A, the date that is 90 days after the 
 date of the enactment of the Voter ID Act.
 (c) Quadrennial Update.--The Commission shall review and 
update recommendations adopted with respect to section 301 no 
less frequently than once every 4 years.

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 TITLE IV--ENFORCEMENT

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND 
 INJUNCTIVE RELIEF.

 The Attorney General may bring a civil action against any 
State or jurisdiction in an appropriate United States District 
Court for such declaratory and injunctive relief (including a 
temporary restraining order, a permanent or temporary 
injunction, or other order) as may be necessary to carry out 
the uniform and nondiscriminatory election technology and 
administration requirements under [sections 301, 302, 303, and 
304] subtitle A of title III.

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