[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 861 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 861
To amend the Help America Vote Act of 2002 to permit an individual who
is subject to a requirement to present identification as a condition of
voting in an election for Federal office to meet such requirement by
presenting a sworn written statement attesting to the individual's
identification, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2023
Mr. Larsen of Washington (for himself and Mr. Veasey) 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 permit an individual who
is subject to a requirement to present identification as a condition of
voting in an election for Federal office to meet such requirement by
presenting a sworn written statement attesting to the individual's
identification, 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 ``America Votes Act of 2023''.
SEC. 2. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--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. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of receiving and casting a ballot
in an election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identification and
attesting that the individual is registered to vote in
the election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) prepare a pre-printed version of the
statement described in paragraph (1)(A) which includes
a blank space for an individual to provide a name and
signature;
``(B) make copies of the pre-printed version
available at polling places for election officials to
distribute to individuals who desire to vote in person;
and
``(C) include a copy of the pre-printed version
with each blank absentee or other ballot transmitted to
an individual who desires to vote by mail.
``(b) Requiring Use of Regular Ballot.--A State may not require an
individual who presents or submits a sworn written statement in
accordance with subsection (a)(1) to cast a provisional ballot in the
election under section 302.
``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) 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. Permitting use of sworn written statement to meet
identification requirements.''.
SEC. 3. REQUIRING STATES TO INCLUDE INFORMATION ON USE OF SWORN WRITTEN
STATEMENT IN VOTING INFORMATION MATERIAL POSTED AT
POLLING PLACES.
Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of receiving and casting a ballot in an
election for Federal office, information on how an
individual may meet such requirement by presenting a
sworn written statement in accordance with section
303A.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring on or after the date of the enactment of this Act.
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