[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4477 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4477
To amend the Help America Vote Act of 2002 to establish requirements
for the administration of elections for public office in the District
of Columbia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Mr. Cline 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 establish requirements
for the administration of elections for public office in the District
of Columbia, 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 ``American Confidence in Elections:
District of Columbia Election Integrity and Voter Confidence Act''.
SEC. 2. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.
(a) Requirements Described.--Title III of the Help America Vote Act
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle C--Requirements for Elections in District of Columbia
``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.
``Congress finds that it has the authority to establish the terms
and conditions for the administration of elections for public office in
the District of Columbia--
``(1) under article I, section 8, clause 17 of the
Constitution of the United States, which grants Congress the
exclusive power to enact legislation with respect to the seat
of the government of the United States; and
``(2) under other enumerated powers granted to Congress.
``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter Identification
Act'.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote.--
``(1) Individuals voting in person.--A District of Columbia
election official may not provide a ballot for a District of
Columbia election to an individual who desires to vote in
person unless the individual presents to the official an
identification described in paragraph (3).
``(2) Individuals voting other than in person.--A District
of Columbia election official may not provide a ballot for a
District of Columbia election to an individual who desires to
vote other than in person unless the individual submits with
the application for the ballot a copy of an identification
described in paragraph (3).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual,
any of the following:
``(A) A current and valid motor vehicle license
issued by the District of Columbia or any other current
and valid photo identification of the individual which
is issued by the District of Columbia or the
identification number for such motor vehicle license or
photo identification.
``(B) A current and valid United States passport, a
current and valid military photo identification, or any
other current and valid photo identification of the
individual which is issued by the Federal Government.
``(C) Any current and valid photo identification of
the individual which is issued by a Tribal Government.
``(D) A student photo identification issued by a
secondary school (as such term is defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or an institution of higher
education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
``(E) The last 4 digits of the individual's social
security number.
``(4) Ensuring proof of residence.--If an individual
presents or submits an identification described in paragraph
(3) which does not include the address of the individual's
residence, the District of Columbia election official may not
provide a ballot to the individual unless the individual
presents or submits a document or other written information
from a third party which--
``(A) provides the address of the individual's
residence; and
``(B) such document or other written information is
of sufficient validity such that the election official
is reasonably certain as to the identity of the
individual.
``(c) Provision of Identification Without Cost to Indigent
Individuals.--If the District of Columbia charges an individual a fee
for an identification described in subsection (b)(3) and the individual
provides an attestation that the individual is unable to afford the
fee, the District of Columbia shall provide the identification to the
individual at no cost.
``(d) Special Rule With Respect to Sincerely Held Religious
Beliefs.--In the case of an individual who is unable to comply with the
requirements of subsection (b) due to sincerely held religious beliefs,
the District of Columbia shall provide such individual with an
alternative identification that shall be deemed to meet the
requirements of an identification described in subsection (b)(3).
``(e) Designation of District of Columbia Agency To Provide Copies
of Identification.--The Mayor of the District of Columbia shall
designate an agency of the District of Columbia Government to provide
an individual with a copy of an identification described in subsection
(b)(3) at no cost to the individual for the purposes of meeting the
requirement under subsection (b)(2).
``(f) Inclusion of Photos in Poll Books.--
``(1) Methods for obtaining photos.--
``(A) Provision of photos by offices of district of
columbia government.--If any office of the District of
Columbia Government has a photograph or digital image
of the likeness of an individual who is eligible to
vote in a District of Columbia election, the office, in
consultation with the chief election official of the
District of Columbia, shall provide access to the
photograph or digital image to the chief election
official of the District of Columbia.
``(B) Taking of photos at polling place.--If a
photograph or digital image of an individual who votes
in person at a polling place is not included in the
poll book which contains the name of the individuals
who are eligible to vote in the District of Columbia
election and which is used by election officials to
provide ballots to such eligible individuals, the
appropriate election official shall take a photograph
of the individual and provide access to the photograph
to the chief election official of the District of
Columbia.
``(C) Copies of photos provided by individuals not
voting in person.--The election official who receives a
copy of an identification described in subsection
(b)(3) which is submitted by an individual who desires
to vote other than in person at a polling place shall
provide access to the copy of the identification to the
chief election official of the District of Columbia.
``(2) Inclusion in poll books.--The chief election official
of the District of Columbia shall ensure that a photograph,
digital image, or copy of an identification for which access is
provided under paragraph (1) is included in the poll book which
contains the name of the individuals who are eligible to vote
in the District of Columbia election and which is used by
election officials to provide ballots to such eligible
individuals.
``(3) Protection of privacy of voters.--The appropriate
election officials of the District of Columbia shall ensure
that any photograph, digital image, or copy of an
identification which is included in a poll book under this
subsection is not used for any purpose other than the
administration of District of Columbia elections and is not
provided or otherwise made available to any other person except
as may be necessary to carry out that purpose.
``(g) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(h) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter List Maintenance
Act'.
``(b) Annual List Maintenance.--
``(1) Requirements.--
``(A) In general.--The District of Columbia shall
carry out annually a program to remove ineligible
persons from the official list of persons registered to
vote in the District of Columbia, as required by
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and pursuant to the procedures
described in subparagraph (B).
``(B) Removal from voter rolls.--In the case of a
registrant from the official list of eligible voters in
District of Columbia elections who has failed to vote
in a District of Columbia election during a period of
two consecutive years, the District of Columbia shall
send to such registrant a notice described in section
8(d)(2) of the National Voter Registration Act of 1993
(52 U.S.C. 20507(d)(2)) and shall remove the registrant
from the official list of eligible voters in District
of Columbia elections if--
``(i) the registrant fails to respond to
such notice; and
``(ii) the registrant has not voted or
appeared to vote in a District of Columbia
election during the period beginning the date
such notice is sent and ending the later of 4
years after the date such notice is sent or
after two consecutive District of Columbia
general elections have been held.
``(2) Timing.--In the case of a year during which a
regularly scheduled District of Columbia election is held, the
District of Columbia shall carry out the program described in
paragraph (1) not later than 90 days prior to the date of the
election.
``(c) Prohibiting Same-Day Registration.--The District of Columbia
may not permit an individual to vote in a District of Columbia election
unless, not later than 30 days prior to the date of the election, the
individual is duly registered to vote in the election.
``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN
THIRD PARTIES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Election Fraud Prevention
Act'.
``(b) In General.--The District of Columbia may not permit an
individual to knowingly collect and transmit a ballot in a District of
Columbia election that was mailed to another person, other than an
individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(c) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.
``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Timely Reporting of
Election Results Act'.
``(b) Time for Processing Ballots and Reporting Results.--The
District of Columbia shall begin processing ballots received by mail in
a District of Columbia election as soon as such ballots are received
and shall ensure that the results of such District of Columbia election
are reported to the public not later than 10:00 am on the date
following the date of the election, but in no case shall such ballots
be tabulated or such results be reported earlier than the closing of
polls on the date of the election.
``(c) Requirement To Publish Number of Voted Ballots on Election
Day.--The District of Columbia shall, as soon as practicable after the
closing of polls on the date of a District of Columbia election, make
available on a publicly accessible website the total number of voted
ballots in the possession of election officials in the District of
Columbia as of the time of the closing of polls on the date of such
election, which shall include, as of such time--
``(1) the number of voted ballots delivered by mail;
``(2) the number of ballots requested for such election by
individuals who are entitled to vote by absentee ballot under
the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.); and
``(3) the number of voted ballots for such election
received from individuals who are entitled to vote by absentee
ballot under the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.), including from
individuals who, under such Act, voted by absentee ballot
without requesting such a ballot.
``(d) Requirements To Ensure Bipartisan Election Administration
Activity.--With respect to a District of Columbia election, District of
Columbia election officials shall ensure that all activities are
carried out in a bipartisan manner, which shall include a requirement
that, in the case of an election worker who enters a room which
contains ballots, voting equipment, or non-voting equipment as any part
of the election worker's duties to carry out such election, the
election worker is accompanied by an individual registered to vote with
respect to a different political party than such election worker, as
determined pursuant to the voting registration records of the District
of Columbia.
``SEC. 326. BAN ON NONCITIZEN VOTING.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Citizen Voter Act'.
``(b) Ban on Noncitizen Voting.--No individual may vote in a
District of Columbia election unless the individual is a citizen of the
United States.
``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Provisional Ballot Reform
Act'.
``(b) In General.--Except as provided in subsection (c), the
District of Columbia shall permit an individual to cast a provisional
ballot pursuant to section 302 if--
``(1) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but the name of the
individual does not appear on the official list of eligible
voters for the polling place or an election official asserts
that the individual is not eligible to vote; or
``(2) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but does not provide an
identification required under section 322, except that the
individual's provisional ballot shall not be counted in the
election unless the individual provides such identification to
the chief State election official of the District of Columbia
not later than 5:00 pm on the second day which begins after the
date of the election.
``(c) Requirements With Respect to Counting Provisional Ballots in
Certain Cases.--If the name of an individual who is a registered voter
in the District of Columbia and eligible to vote in a District of
Columbia election appears on the official list of eligible voters for a
polling place in the District of Columbia, such individual may cast a
provisional ballot pursuant to section 302 for such election at a
polling place other than the polling place with respect to which the
name of the individual appears on the official list of eligible voters,
except that the individual's provisional ballot shall not be counted in
the election unless the individual demonstrates pursuant to the
requirements under section 302 that the individual is a registered
voter in the jurisdiction of the polling place at which the individual
cast such ballot.
``SEC. 328. MANDATORY POST-ELECTION AUDITS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mandatory Post-Election
Audits Act'.
``(b) Requirement for Post-Election Audits.--Not later than 30 days
after each District of Columbia election, the District of Columbia
shall conduct and publish an audit of the effectiveness and accuracy of
the voting systems used to carry out the election and the performance
of the election officials who carried out the election, but in no case
shall such audit be completed later than 2 business days before the
deadline to file an election contest under the laws of the District of
Columbia.
``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Public Observation of
Election Procedures Act'.
``(b) Designated Representatives of Candidates, Political Parties,
and Committees Affiliated With Ballot Initiatives.--
``(1) Authority to observe procedures.--An individual who
is not a District of Columbia election official may observe
election procedures carried out in a District of Columbia
election, as described in paragraph (2), if the individual is
designated to observe such procedures by a candidate in the
election, a political party, or a committee affiliated with a
ballot initiative or referendum in the election.
``(2) Authority and procedures described.--The authority of
an individual to observe election procedures pursuant to this
subsection is as follows:
``(A) The individual may serve as a poll watcher to
observe the casting and tabulation of ballots at a
polling place on the date of the election or on any day
prior to the date of the election on which ballots are
cast at early voting sites, and may challenge the
casting or tabulation of any such ballot.
``(B) The individual may serve as a poll watcher to
observe the canvassing and processing of absentee or
other mail-in ballots, including the procedures for
verification of signed certificates of transmission
under section 330(c)(2).
``(C) The individual may observe the recount of the
results of the election at any location at which the
recount is held, and may challenge the tabulation of
any ballot tabulated pursuant to the recount.
``(3) Provision of credentials.--The chief State election
official of the District of Columbia shall provide each
individual who is authorized to observe election procedures
under paragraph (1) with appropriate credentials to enable the
individual to observe such procedures.
``(4) Exception for candidates and law enforcement
officers.--An individual may not serve as a poll watcher under
subparagraph (A) or (B) of paragraph (2), and the chief State
election official of the District of Columbia may not provide
the individual with credentials to enable the individual to
serve as a poll watcher under such subparagraph, if the
individual is a candidate in the election or a law enforcement
officer.
``(c) Other Individuals.--
``(1) Petition for observer credentials.--In addition to
the individuals described in subsection (b), any individual,
including an individual representing or affiliated with a
domestic or international organization, may petition the chief
State election official of the District of Columbia to provide
the individual with credentials to observe election procedures
carried out in a District of Columbia election, as described in
subsection (b).
``(2) Authority described.--If the chief State election
official provides an individual with credentials under
paragraph (1), the individual shall have the same authority to
observe election procedures carried out in the election as an
individual described in subsection (b), except that the
individual may not challenge the casting, tabulation,
canvassing, or processing of any ballot in the election.
``(3) Exception for candidates and law enforcement
officers.--The chief State election official of the District of
Columbia may not provide an individual who is a candidate in
the election or a law enforcement officer with credentials to
serve as a poll watcher, as described in subparagraph (A) or
(B) of subsection (b)(2).
``(d) Authority of Members of Public To Observe Testing of
Equipment.--In addition to the authority of individuals to observe
procedures under subsections (b) and (c), any member of the public may
observe the testing of election equipment by election officials prior
to the date of the election.
``(e) Prohibiting Limits on Ability To View Procedures.--An
election official may not obstruct the ability of an individual who is
authorized to observe an election procedure under this section to view
the procedure as it is being carried out.
``(f) Prohibition Against Certain Restrictions.--An election
official may not require that an individual who observes election
procedures under this section stays more than 3 feet away from the
procedure as it is being carried out.
``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mail Balloting Reform
Act'.
``(b) Prohibiting Transmission of Unsolicited Ballots.--The
District of Columbia may not transmit an absentee or other mail-in
ballot for a District of Columbia election to any individual who does
not request the District of Columbia to transmit the ballot.
``(c) Signature Verification.--
``(1) Inclusion of certificate with ballot.--The District
of Columbia shall include with each absentee or other mail-in
ballot transmitted for a District of Columbia election a
certificate of transmission which may be signed by the
individual for whom the ballot is transmitted.
``(2) Requiring verification for ballot to be counted.--
Except as provided in subsection (d), the District of Columbia
may not accept an absentee or other mail-in ballot for a
District of Columbia election unless--
``(A) the individual for whom the ballot was
transmitted--
``(i) signs and dates the certificate of
transmission included with the ballot under
paragraph (1); and
``(ii) includes the signed certification
with the ballot and the date on such
certification is accurate and in no case later
than the date of the election; and
``(B) the individual's signature on the ballot
matches the signature of the individual on the official
list of registered voters in the District of Columbia
or other official record or document used by the
District of Columbia to verify the signatures of
voters.
``(d) Notice and Opportunity To Cure.--
``(1) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election and the
appropriate District of Columbia election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the District of Columbia or other official
record or document used by the District of Columbia to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such ballot,
shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
the individual on the official list of
registered voters in the District of Columbia
or other official record or document used by
the District of Columbia to verify the
signatures of voters; and
``(ii) if such discrepancy is not cured
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual of the discrepancy, such ballot
will not be counted; and
``(B) cure such discrepancy and count the ballot
if, prior to the expiration of the 48-hour period
described in subparagraph (A)(ii), the individual
provides the official with information to cure such
discrepancy, either in person, by telephone, or by
electronic methods.
``(2) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election without a
signature on the ballot or the certificate of transmission
included with the ballot under subsection (c)(1) or submits an
absentee ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the appropriate
District of Columbia election official, prior to making a final
determination as to the validity of the ballot, shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) the ballot or certificate of
transmission did not include a signature or has
some other defect; and
``(ii) if the individual does not provide
the missing signature or cure the other defect
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual that the ballot or certificate
of transmission did not include a signature or
has some other defect, such ballot will not be
counted; and
``(B) count the ballot if, prior to the expiration
of the 48-hour period described in subparagraph
(A)(ii), the individual provides the official with the
missing signature on a form proscribed by the District
of Columbia or cures the other defect.
This paragraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(e) Deadline for Acceptance.--
``(1) Deadline.--Except as provided in paragraph (2), the
District of Columbia may not accept an absentee or other mail-
in ballot for a District of Columbia election which is received
by the appropriate election official following the close of
polls on Election Day.
``(2) Exception for absent military and overseas voters.--
Paragraph (1) does not apply to a ballot cast by an individual
who is entitled to vote by absentee ballot under the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).
``(3) Rule of construction.--Nothing in this subsection may
be construed as prohibiting the District of Columbia from
accepting an absentee or other mail-in ballot for a District of
Columbia election that is delivered in person by the voter to
an election official at an appropriate polling place or the
District of Columbia Board of Elections if such ballot is
received by the election official by the deadline described in
paragraph (1).
``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Ballot Security Act'.
``(b) Requirements.--With respect to a District of Columbia
election, the District of Columbia may not use a drop box to accept a
voted absentee or other mail-in ballot for any such election unless--
``(1) any such drop box is located inside a District of
Columbia Government building or facility;
``(2) the District of Columbia provides for the security of
any such drop box through 24-hour remote or electronic
surveillance; and
``(3) the District of Columbia Board of Elections collects
any ballot deposited in any such drop box each day after 5:00
p.m. (local time) during the period of the election.
``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO
FEDERAL ELECTIONS.
``With respect to an election for Federal office in the District of
Columbia, to the extent that there is any inconsistency with the
requirements of this subtitle and the requirements of subtitle A, the
requirements of this subtitle shall apply.
``SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED.
``In this subtitle, the term `District of Columbia election' means
any election for public office in the District of Columbia, including
an election for Federal office, and any ballot initiative or
referendum.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking the period at the end
and inserting the following: ``, and the requirements of subtitle C
with respect to the District of Columbia.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Requirements for Elections in District of Columbia
``Sec. 321. Statement of Congressional authority; findings.
``Sec. 322. Requirements for photo identification.
``Sec. 323. Requirements for voter registration.
``Sec. 324. Ban on collection and transmission of ballots by
certain third parties.
``Sec. 325. Timely processing and reporting of results.
``Sec. 326. Ban on noncitizen voting.
``Sec. 327. Requirements with respect to provisional ballots.
``Sec. 328. Mandatory post-election audits.
``Sec. 329. Public observation of election procedures.
``Sec. 330. Requirements for voting by mail-in ballot.
``Sec. 331. Requirements with respect to use of drop boxes.
``Sec. 332. Special rule with respect to application of
requirements to Federal elections.
``Sec. 333. District of Columbia election defined.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
District of Columbia elections held on or after January 1, 2024. For
purposes of this section, the term ``District of Columbia election''
has the meaning given such term in section 333 of the Help America Vote
Act of 2002, as added by section 2(a).
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