[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5913 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5913
To amend the Help America Vote Act of 2002 to require an individual to
provide proof that the individual is a citizen of the United States and
to present a government-issued photo identification as a condition of
casting a ballot in an election for Federal office, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2006
Mr. Tancredo introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require an individual to
provide proof that the individual is a citizen of the United States and
to present a government-issued photo identification as a condition of
casting a ballot in an election for Federal office, 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 ``Voter Integrity Protection Act of
2006''.
SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR CASTING BALLOT.
(a) In General.--Section 303 of the Help America Vote Act of 2002
(42 U.S.C. 15483) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Requiring Proof of Citizenship at Polling Place.--
``(1) Individuals voting in person.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not provide a ballot for an election for Federal
office (including a provisional ballot under section 302(a)) to
an individual who desires to vote in person unless the
individual presents to the official a photographic copy of any
document which provides proof that the individual is a citizen
of the United States.
``(2) Individuals voting by mail.--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 by mail unless the
individual submits with the ballot a photographic copy of any
document which provides proof that the individual is a citizen
of the United States.
``(3) Exception for individuals with proof of citizenship
on file with election official.--Paragraphs (1) and (2) shall
not apply in the case of an individual who, at the time the
individual applied to register to vote in Federal elections in
the State involved, provided the appropriate State election
official with a photographic copy of a document which provided
proof that the individual is a citizen of the United States.
``(4) Treatment of driver's licenses.--For purposes of this
subsection, a motor vehicle driver's license shall not be
treated as a document which provides proof that the individual
to whom the license is issued is a citizen of the United States
unless the State issuing the license required the individual to
provide proof of the individual's United States citizenship as
a condition of receiving the license.''.
(b) Conforming Amendment.--Section 303 of such Act (42 U.S.C.
15483) is amended in the heading by striking ``for voters who register
by mail'' and inserting ``for preventing voting fraud''.
(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 preventing voting
fraud.''.
(d) Effective Date.--Section 303(e) of such Act (42 U.S.C.
15483(e)), as redesignated by subsection (a)(1), is amended by adding
at the end the following new paragraph:
``(3) Proof of citizenship.--Subsection (c) shall apply
with respect to the regularly scheduled general election for
Federal office held in November 2008 and each succeeding
election for Federal office.''.
SEC. 3. REQUIRING PHOTO IDENTIFICATION.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(A) by redesignating sections 304 and 305 as
sections 305 and 306; and
(B) by inserting after section 303 the following
new section:
``SEC. 304. REQUIRING VOTERS TO PRESENT PHOTO IDENTIFICATION.
``(a) In General.--Notwithstanding section 303(b), each State shall
require any individual who desires to cast a ballot in an election for
Federal office--
``(1) in the case of an individual voting in person, to
present to the appropriate election official a current valid
photo identification which is issued by a governmental entity;
or
``(2) in the case of an individual voting by mail, to
submit with the ballot a copy of a current valid photo
identification which is issued by a governmental entity.
``(b) Making Photo Identifications Available at No Cost for
Purposes of Casting Ballots in Elections.--
``(1) In general.--Each State shall establish a program to
provide photo identifications which may be used to meet the
requirements of subsection (a) by individuals who desire to
vote in elections held in the State but who do not otherwise
possess a government-issued photo identification, at no cost to
the individual.
``(2) Identifications not to be used for other purposes.--
Any photo identification provided under the program established
under paragraph (1) 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.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of this section (a) with respect to the regularly
scheduled general election for Federal office held in November 2008 and
each succeeding election for Federal office.''.
(2) Conforming amendments.--
(A) Effect on current requirements.--Section
303(b)(1) of such Act (42 U.S.C. 15483(b)(1)) is
amended by striking ``paragraph (3)'' and inserting
``paragraph (3) and section 304''.
(B) Enforcement.--Section 401 of such Act (42
U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(3) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections
304 and 305 as relating to sections 305 and 306; and
(B) by inserting after the item relating to section
303 the following:
``Sec. 304. Requiring voters to present photo identification.''.
(b) Payments to States To Cover Costs of Making Photo
Identifications Available.--
(1) In general.--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:
``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS
``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO
IDENTIFICATIONS FOR VOTING.
``(a) Payments to States.--The Commission shall make payments each
year to reimburse the States for the costs incurred in providing photo
identifications under the program established under section 304(b)(1).
``(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 expended by
the State during the year in carrying out the program established under
section 304(b)(1), 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.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part such sums as may be necessary for fiscal year 2008 and each
succeeding fiscal year.''.
(2) 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
``Sec. 297. Payments to cover costs to States of providing photo
identifications for voting.
``Sec. 297A. Authorization of appropriations.''.
SEC. 4. WITHHOLDING OF HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Requirements for preventing voting fraud
``(a) Withholding of Apportionments for Noncompliance.--On October
1, 2008, and October 1 of each fiscal year thereafter, if a State does
not meet the requirement of subsection (b), the Secretary shall
withhold from amounts apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) the following
percentage of such amounts:
``(1) For fiscal year 2009, 10 percent.
``(2) For fiscal year 2010, 20 percent.
``(3) For fiscal year 2011, 30 percent.
``(4) For fiscal year 2012, and each fiscal year
thereafter, 40 percent.
``(b) Requirement.--A State meets the requirements of this
subsection if the State has enacted and is enforcing, as determined by
the Election Assistance Commission, a law that complies with the
requirements of sections 303(c) and 304 of the Help America Vote Act of
2002 (42 U.S.C. 15483(c) and 42 U.S.C. 15484).
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--If, within 4 years from the date that an apportionment
for a State is withheld in accordance with this section, the State
meets the requirements of subsection (b), the apportionment of the
State shall be increased by an amount equal to the amount withheld. If,
at the end of such 4-year period, the State does not meet the
requirements of subsection (b), any amounts so withheld from the State
shall lapse.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``167. Requirements for preventing voting fraud.''.
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