119-hr156

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 156 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 156

 To ensure election integrity and security by establishing consistent 
 photo identification requirements for voting in elections for Federal 
 office, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

 Mr. Fitzpatrick introduced the following bill; which was referred to 
 the Committee on House Administration

_______________________________________________________________________

 A BILL

 To ensure election integrity and security by establishing consistent 
 photo identification requirements for voting in elections 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 ``Securing our Elections Act of 
2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Free, fair, and secure elections are necessary to the 
 prosperity of democracy in the United States and around the 
 world.

    (2) The right to vote is a crucial aspect of American 
 citizenship and must be protected from any potential 
 interference, abuse, and fraud.

    (3) The passage of the Help America Vote Act of 2002 
 improved and standardized State and local governments' 
 administration of Federal elections, but lacked strong 
 provisions to validate a voter's identity prior to their 
 voting.

    (4) In 2005, the bipartisan Commission on Federal Election 
 Reform co-chaired by former Democratic President Jimmy Carter 
 and former Republican Secretary of State James A. Baker III 
 released a report which explicitly recommended that States 
 require voters to use a valid identification that includes 
 their full legal name, date of birth, a signature, and a photo.

    (5) A public survey conducted by the reputable, nonpartisan 
 Monmouth University Polling Institute in June 2021 indicated 
 that an overwhelming 80 percent of Americans support requiring 
 voters to show a photo identification in order to vote.

    (6) Valid identification is required by the States and the 
 Federal Government for a multitude of serious purposes in 
 public life such as driving or renting a car, boarding an 
 airplane or train, traveling within and outside of the United 
 States, purchasing alcohol or controlled substances, picking up 
 prescription medication, opening a bank account or cashing a 
 check, applying for employment or housing opportunities, and 
 much more.

    (7) As determined by the Congressional Research Service, 
 161 nations worldwide--approximately 83 percent--require their 
 citizens to present a form of identification in order to vote, 
 including 38 of the top 50 most democratic nations identified 
 by the Democracy Index 2021.

    (8) More than two-thirds of the States already request or 
 require citizens to show a form of identification in order to 
 vote, 22 of which request or require a photo identification for 
 the purposes of voting.

SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement To Provide Photo Identification as Condition of 
Casting Ballot.--

    (1) In general.--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:

``

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 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 submits with the 
 ballot--
 ``
            (i) a copy of a valid photo 
 identification; or
 ``
            (ii) 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.
 ``
        (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 (52 U.S.C. 20310

    (1) ), 
 other than an individual described in 

section 107

    (1)
            (C) of such Act.
 ``

    (b) Providing Certain Assistance to Individuals Unable To Pay 
Costs of Obtaining Identification or Otherwise Unable To Obtain 
Identification.--
 ``

    (1) Provision of identification without charge to certain 
 individuals.--If an individual presents a State official at the 
 appropriate State agency or department designated by the State 
 with an affidavit developed and made available to the 
 individual by the State attesting that the individual is unable 
 to pay the costs associated with obtaining a valid photo 
 identification under this section, or attesting that the 
 individual is otherwise unable to obtain a valid photo 
 identification under this section after making reasonable 
 efforts to obtain such an identification, the official shall 
 provide the individual with a valid photo identification under 
 this subsection without charge to the individual.
 ``

    (2) 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) Valid Photo Identifications Described.--For purposes of this 
section, a `valid photo identification' means, with respect to an 
individual who seeks to vote in a State, 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.
 ``

    (3) A valid United States passport for the individual.
 ``

    (4) A valid military identification for the individual.
 ``

    (5) Any other form of government-issued identification 
 that the State may specify as a valid photo identification for 
 purposes of this subsection.
 ``
            (d) 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.
 ``

    (e) Treatment of States With Certain Photo Identification 
Requirements in Effect as of Date of Enactment.--If, as of the date of 
the enactment of this section, a State has in effect a law that 
satisfies or exceeds the requirements of this section for an individual 
to provide a photo identification as a condition of casting a ballot in 
elections for Federal office held in the State and the law remains in 
effect on and after the effective date of this section, the State shall 
be considered to meet the requirements of this section if--
 ``

    (1) the State submits a request to the Attorney General 
 and provides such information as the Attorney General may 
 consider necessary to determine that the State has in effect 
 such a law and that the law remains in effect; and
 ``

    (2) the Attorney General--
 ``
        (A) approves the request; or
 ``
        (B) fails to issue a determination with respect 
 to the request during the 180-day period that begins on 
 the date the State submits such request.
 ``

    (f) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2026 or any succeeding year.''.

    (2) Clerical amendment.--The table of contents of such Act 
 is amended by inserting after the item relating to 

section 303 
 the following new item:

``

Sec. 303A. Photo identification requirements.''.

    (b) Conforming Amendment Relating to Voluntary Guidance by Election 
Assistance Commission.--

Section 311

    (b) of such Act (52 U.S.C. 21101

    (b) ) 
is amended--

    (1) by striking ``and'' at the end of paragraph

    (2) ;

    (2) by striking the period at the end of paragraph

    (3) and 
 inserting ``; and''; and

    (3) by adding at the end the following new paragraph:
 ``

    (4) in the case of the recommendations with respect to 
 

section 303A, October 1, 2025.''.
            (c) Conforming Amendment Relating to Enforcement.--

Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``303, and 304'' and 
inserting ``303, 303A, and 304''.
            (d) Conforming Amendments Relating to Repeal of Existing Photo 
Identification Requirements for Certain Voters.--

    (1) In general.--

Section 303 of such Act (52 U.S.C. 21083) 
 is amended--
        (A) in the heading, by striking ``and requirements 
 for voters who register by mail'';
        (B) in the heading of subsection

    (b) , by striking 
 ``for Voters Who Register by Mail'' and inserting ``for 
 Mail-In Registration Forms'';
            (C) in subsection

    (b) , by striking paragraphs

    (1) through

    (3) and redesignating paragraphs

    (4) and

    (5) as 
 paragraphs

    (1) and

    (2) , respectively; and
            (D) 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) ''.

    (2) 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.''.

    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to elections for Federal office held 
in 2026 or any succeeding year.
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