S5271-119

What This Bill Does

This bill amends the Help America Vote Act to create a federal photo-identification rule for elections to federal office. An election official may not give an in-person voter a ballot unless the voter presents valid physical photo identification. A voter without it may cast a provisional ballot, but the ballot cannot be counted as eligible under state law unless the voter presents valid ID within three days or submits a state-provided affidavit that a religious objection to being photographed prevents possession of the ID. Other provisional-ballot rules remain unchanged.

For voting other than in person, an election official may not accept the ballot unless it includes a copy of valid photo identification. A voter unable to obtain a copy after reasonable efforts may instead provide the last four digits of a Social Security number and a state-provided affidavit. The mail-ballot rule does not apply to absent uniformed-services voters or voters using the specified federal accessibility protection for elderly or disabled voters.

Accepted identification includes an unexpired state driver's license, an unexpired state motor-vehicle identification card, a U.S. passport, qualifying military identification issued by the Defense Department or Department of Veterans Affairs, or an unexpired photo identification issued by a Tribal government. State and local officials must, to the extent practicable, provide free public access to printers, copiers, scanners, or multifunction devices in government buildings such as courts, libraries, and police stations so voters can copy ID. States must notify applicants about the requirement during voter registration, including before completion of online registration. The requirements take effect one day after enactment for federal elections held from that date forward.

Who Benefits and How

Voters with an accepted state, passport, military, veterans, or Tribal photo ID receive a defined nationwide route for satisfying identity requirements in federal elections. Voters unable to copy an ID can use the Social Security-number-and-affidavit alternative after reasonable efforts and may use government imaging devices at no charge. Voters with religious objections to photography receive a provisional-ballot affidavit path. Absent uniformed-services voters and specified elderly or disabled absentee voters benefit from exemptions. Election officials receive a uniform federal list of acceptable documents and cure rules.

Who Bears the Burden and How

In-person voters without physical photo identification must use a provisional ballot and complete the ID or religious-affidavit cure within three days. Mail and other non-in-person voters generally must make and submit an ID copy, creating time, document, technology, and privacy burdens. State and local election offices must redesign ballot, provisional-ballot, registration, and online-registration procedures almost immediately. Courts, libraries, police stations, and other government buildings may need to supply and maintain free imaging access. Election workers must validate documents, issue affidavits, track three-day cures, and apply federal exceptions alongside state law. States also bear implementation costs without an appropriation stated in the bill.

Key Provisions

• Requires physical photo identification before an in-person voter receives a regular federal-election ballot.
• Allows a provisional ballot with a three-day ID cure or a religious-objection affidavit.
• Requires non-in-person ballots to include an ID copy or, after reasonable efforts, Social Security digits and an inability-to-copy affidavit.
• Provides exemptions for absent uniformed-services voters and specified elderly or disabled absentee voters.
• Defines accepted state, passport, military, veterans, and Tribal photo identification.
• Directs states to provide registration notice and practicable no-cost access to public ID-copying devices.
• Applies the new rules one day after enactment to federal elections held on or after that date.