HR4798-119

1. Short title This Act may be cited as the Making American Elections Great Again Act.

2. Census of population timing modifications and apportionment based only on number of citizens Section 141 of title 13, United States Code, is amended— in subsection (a), by striking the first sentence and inserting the following: The Secretary shall, on the date of the enactment of the Making American Elections Great Again Act and every 10 years thereafter, take a decennial census of population. The date on which such census is conducted shall be known as the decennial census date. Any such census may be conducted in such form and content as the Secretary may determine, including the use of sampling procedures and special surveys.; in subsection (d)— by striking in the year 1985 and every 10 years thereafter and inserting in the year that is 5 years after the year a decennial census of population is conducted under subsection (a) and every 10 years thereafter; and by striking the last sentence and inserting the following: The census under this subsection shall be taken on the date that is 5 years after the date a decennial census of population is conducted under subsection (a), as amended by the Making American Elections Great Again Act, and that date shall be known as the mid-decade census date.; by redesignating subsection (g) as subsection (h); and by inserting after subsection (f) the following: In conducting the census required by subsection (a), as amended by the Making American Elections Great Again Act, and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether such individual is a citizen of the United States. Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by inserting after not taxed the following: and individuals who are not citizens of the United States. The amendment made by subparagraph (A) shall apply with respect to the apportionment of Representatives carried out pursuant to paragraph (2) and any decennial census thereafter. For purposes of establishing the number of districts for the election of Representatives in a State with respect to the One Hundred Twentieth Congress, each State shall, immediately after the date of the completion of the first census required under section 141(a) of title 13, United States Code, as amended by subsection (a) of this section, begin to carry out redistricting pursuant to the apportionment of Members of the House of Representatives as a result of such census. (g)In conducting the census required by subsection (a), as amended by the Making American Elections Great Again Act, and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether such individual is a citizen of the United States..

3. Requirement to provide government photo identification and proof of United States citizenship to vote in Federal elections Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: Notwithstanding any other provision of law, 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 document that is both proof of United States citizenship and government photo identification; or a document that is proof of United States citizenship, together with a document that is government photo identification, if— the name of the applicant is identical on both such documents; or in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. 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) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). Notwithstanding any other provision of law, 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 document that is both proof of United States citizenship and government photo identification; or a copy of a document that is proof of United States citizenship, together with a copy of a document that is government photo identification, if— the name of the applicant is identical on both such documents; or in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. An individual who desires to vote by mail but who does not meet the requirements of subparagraph (A) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). In this section: The term government photo identification means, with respect to an applicant for voter registration, a valid identification card issued by a Federal, State, or Tribal government that includes— a photograph of the applicant; the full name of the applicant; and the date of birth of the applicant. The term proof of United States citizenship means, with respect to an applicant for voter registration, any of the following: A valid United States passport. A United States military record of service showing that the place of birth of the applicant was in the United States. A valid photo identification card issued by a Federal, State, or Tribal government showing that the place of birth of the applicant was in the United States. A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— was issued by the State, unit of local government, or Tribal government in which the applicant was born; was filed with the office responsible for keeping vital records in the State; includes the full name, date of birth, and place of birth of the applicant; lists the full names of one or both of the parents of the applicant; has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. An extract from a United States hospital Record of Birth created at the time of the birth of the applicant that indicates that the applicant’s place of birth was in the United States. A final adoption decree showing the name of the applicant and that the applicant’s place of birth was in the United States. A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.). An American Indian Card issued by the Department of Homeland Security with the classification KIC. Section 12(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20511(2)) is amended— by striking or at the end of subparagraph (A); by redesignating subparagraph (B) as subparagraph (D); and by inserting after subparagraph (A) the following new subparagraphs: providing material assistance to a noncitizen in attempting to vote in an election for Federal office; providing a ballot for an election for Federal office to an individual who fails to present government photo identification and proof of United States citizenship; or Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) is amended— in the heading, by striking and requirements for voters who register by mail; in subsection (b)— in the heading, by striking for Voters Who Register by Mail and inserting for Mail-In Registration Forms; and by striking paragraphs (1), (2), and (3) and redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and 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). Section 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, 303, and 304 and inserting subtitle A of title III. The table of contents of such Act is amended— by amending the item relating to section 303 to read as follows: by inserting after the item relating to section 303 the following: This section and the amendments made by this section shall apply with respect to any regularly scheduled general election for Federal office occurring in November 2026 and any Federal election thereafter. 303A.Government photo identification and proof of United States citizenship required to vote in Federal elections(a)Provision of government photo identification and proof of United States citizenship required as condition of casting ballot(1)Individuals voting in person(A)In generalNotwithstanding any other provision of law, 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—(i)a document that is both proof of United States citizenship and government photo identification; or(ii)a document that is proof of United States citizenship, together with a document that is government photo identification, if—(I)the name of the applicant is identical on both such documents; or(II)in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record.(B)Availability of provisional ballotIf 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) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4).(2)Individuals voting other than in person(A)In generalNotwithstanding any other provision of law, 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—(i)a copy of a document that is both proof of United States citizenship and government photo identification; or(ii)a copy of a document that is proof of United States citizenship, together with a copy of a document that is government photo identification, if—(I)the name of the applicant is identical on both such documents; or(II)in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record.(B)Availability of provisional ballotAn individual who desires to vote by mail but who does not meet the requirements of subparagraph (A) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4).(b)DefinitionsIn this section:(1)Government photo identificationThe term government photo identification means, with respect to an applicant for voter registration, a valid identification card issued by a Federal, State, or Tribal government that includes—(A)a photograph of the applicant;(B)the full name of the applicant; and(C)the date of birth of the applicant.(2)Proof of United States citizenshipThe term proof of United States citizenship means, with respect to an applicant for voter registration, any of the following:(A)A valid United States passport.(B)A United States military record of service showing that the place of birth of the applicant was in the United States.(C)A valid photo identification card issued by a Federal, State, or Tribal government showing that the place of birth of the applicant was in the United States.(D)A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which—(i)was issued by the State, unit of local government, or Tribal government in which the applicant was born;(ii)was filed with the office responsible for keeping vital records in the State;(iii)includes the full name, date of birth, and place of birth of the applicant;(iv)lists the full names of one or both of the parents of the applicant;(v)has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born;(vi)includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and(vii)has the seal of the State, unit of local government, or Tribal government that issued the birth certificate.(E)An extract from a United States hospital Record of Birth created at the time of the birth of the applicant that indicates that the applicant’s place of birth was in the United States.(F)A final adoption decree showing the name of the applicant and that the applicant’s place of birth was in the United States.(G)A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State.(H)A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).(I)An American Indian Card issued by the Department of Homeland Security with the classification KIC.. (B)providing material assistance to a noncitizen in attempting to vote in an election for Federal office;(C)providing a ballot for an election for Federal office to an individual who fails to present government photo identification and proof of United States citizenship; or. Sec. 303. Computerized statewide voter registration list requirements.; Sec. 303A. Proof of United States citizenship to vote in Federal elections..

303A. Government photo identification and proof of United States citizenship required to vote in Federal elections Notwithstanding any other provision of law, 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 document that is both proof of United States citizenship and government photo identification; or a document that is proof of United States citizenship, together with a document that is government photo identification, if— the name of the applicant is identical on both such documents; or in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. 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) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). Notwithstanding any other provision of law, 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 document that is both proof of United States citizenship and government photo identification; or a copy of a document that is proof of United States citizenship, together with a copy of a document that is government photo identification, if— the name of the applicant is identical on both such documents; or in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. An individual who desires to vote by mail but who does not meet the requirements of subparagraph (A) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). In this section: The term government photo identification means, with respect to an applicant for voter registration, a valid identification card issued by a Federal, State, or Tribal government that includes— a photograph of the applicant; the full name of the applicant; and the date of birth of the applicant. The term proof of United States citizenship means, with respect to an applicant for voter registration, any of the following: A valid United States passport. A United States military record of service showing that the place of birth of the applicant was in the United States. A valid photo identification card issued by a Federal, State, or Tribal government showing that the place of birth of the applicant was in the United States. A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— was issued by the State, unit of local government, or Tribal government in which the applicant was born; was filed with the office responsible for keeping vital records in the State; includes the full name, date of birth, and place of birth of the applicant; lists the full names of one or both of the parents of the applicant; has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. An extract from a United States hospital Record of Birth created at the time of the birth of the applicant that indicates that the applicant’s place of birth was in the United States. A final adoption decree showing the name of the applicant and that the applicant’s place of birth was in the United States. A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.). An American Indian Card issued by the Department of Homeland Security with the classification KIC.