H.R. 5971 (112th): Federal Election Integrity Act of 2012

112th Congress, 2011–2013. Text as of Jun 19, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 5971

IN THE HOUSE OF REPRESENTATIVES

June 19, 2012

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 each individual who desires to vote in an election for Federal office to provide the appropriate election official with a government-issued photo identification, and for other purposes.

1.

Short title

This Act may be cited as the Federal Election Integrity Act of 2012.

2.

Requiring Voters to Provide Photo Identification

(a)

Requirement To Provide Photo Identification as Condition of Receiving Ballot

Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended—

(1)

in the heading, by striking for Voters Who Register by Mail and inserting for Providing Photo Identification; and

(2)

by striking paragraphs (1) through (3) and inserting the following:

(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 government-issued, current, and valid photo identification.

(B)

Availability of provisional ballot

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 the individual presents the identification required under subparagraph (A) to the official not later than 48 hours after casting the provisional ballot.

(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 government-issued, current, and 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 active 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 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(1)), other than an individual described in section 107(1)(C) of such Act.

(3)

Specific requirements for identifications

For purposes of paragraphs (1) and (2), an identification is government-issued if it is issued by the Federal Government or by the government of a State.

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(b)

Conforming Amendments

Section 303 of such Act (42 U.S.C. 15483) is amended—

(1)

in the heading, by striking for voters who register by mail and inserting for Providing Photo Identification; and

(2)

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).

(c)

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 providing photo identification.

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(d)

Effective Date

(1)

In general

This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each subsequent election for Federal office.

(2)

Conforming amendment

Section 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is amended to read as follows:

(2)

Requirement to provide photo identification

Paragraphs (1) and (2) of subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each subsequent election for Federal office.

.

3.

Making photo identifications available

(a)

Requiring States To make identification available

Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by section 2(a)(2), is amended—

(1)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and

(2)

by inserting after paragraph (3) the following new paragraph:

(4)

Making photo identifications available

(A)

In general

During fiscal year 2014 and each succeeding fiscal year, each State shall establish a program to provide photo identifications which may be used to meet the requirements of paragraphs (1) and (2) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification.

(B)

Identifications provided at no cost to indigent individuals

If a State charges an individual a fee for providing a photo identification under the program established under subparagraph (A)—

(i)

the fee charged may not exceed the reasonable cost to the State of providing the identification to the individual; and

(ii)

the State may not charge a fee to any individual who provides an attestation that the individual is unable to afford the fee.

(C)

Identifications not to be used for other purposes

Any photo identification provided under the program established under subparagraph (A) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections.

.

(b)

Payments to States To cover costs

Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part:

7

Payments To Cover Costs of Providing Photo Identifications to Indigent Individuals

297.

Payments To Cover Costs to States of Providing Photo Identifications For Voting to Indigent Individuals

(a)

Payments to States

The Commission shall make payments to States to cover the costs incurred in providing photo identifications under the program established under section 303(b)(4) to individuals who are unable to afford the fee that would otherwise be charged under the program.

(b)

Amount of Payment

The amount of the payment made to a State under this part for any year shall be equal to the amount of fees which would have been collected by the State during the year under the program established under section 303(b)(4) but for the application of section 303(b)(4)(B)(ii), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require.

297A.

Authorization of Appropriations

There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2014 and each succeeding fiscal year.

.

(c)

Clerical amendment

The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following:

Part 7—Payments To Cover Costs of Providing Photo Identifications to Indigent Individuals

Sec. 297. Payments to cover costs to States of providing photo identifications for voting to indigent individuals.

Sec. 297A. Authorization of appropriations.

.

(d)

Effective Date

This section and the amendments made by this section shall take effect October 1, 2013.