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108th CONGRESS
2d Session
H. R. 4530
To amend the National Voter Registration Act of 1993 to require any
individual who desires to register or re-register to vote in an
election for Federal office to provide the appropriate State election
official with proof that the individual is a citizen of the United
States to prevent fraud in Federal elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2004
Mr. Hyde introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 to require any
individual who desires to register or re-register to vote in an
election for Federal office to provide the appropriate State election
official with proof that the individual is a citizen of the United
States to prevent fraud in Federal elections, 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 ``Federal Election Integrity Act of
2004'' .
SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR
VOTER REGISTRATION.
(a) Application Provided With Motor Vehicle License Application.--
Section 5(c)(2) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg--3(c)(2)) is amended--
(1) in subparagraph (B), by striking ``may require'' and
inserting ``in addition to the information required under
subparagraph (E), may require'';
(2) by striking ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) shall require the applicant to provide a photographic
copy of any document which provides proof that the applicant is
a citizen of the United States, in accordance with guidelines
established by the Election Administration Commission in
consultation with the Secretary of Homeland Security and the
Secretary of State.''.
(b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--
7(b)) is amended--
(1) in paragraph (1), by striking ``may require'' and
inserting ``consistent with paragraph (5), may require'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(5) shall require the applicant to provide a photographic
copy of any document which provides proof that the applicant is
a citizen of the United States, in accordance with guidelines
established by the Election Administration Commission in
consultation with the Secretary of Homeland Security and the
Secretary of State.''.
(c) Special Rules for States Without Registration Requirement and
States Permitting Same-Day Registration.--
(1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--
6) is amended--
(A) by redesignating subsection (j) as subsection
(k); and
(B) by inserting after subsection (i) the following
new subsection:
``(j) Requirement for Proof of Citizenship in States Without
Registration Requirement and States Permitting Same-Day Registration.--
``(1) States without registration requirement.--In the case
of a State described in section 4(b)(1), the appropriate State
or local election official may not provide any individual with
a ballot for an election for Federal office (including an
absentee ballot) unless the individual provides the official
with a photographic copy of any document which provides proof
that the individual is a citizen of the United States, in
accordance with guidelines established by the Election
Administration Commission in consultation with the Secretary of
Homeland Security and the Secretary of State.
``(2) States permitting same-day registration.--In the case
of a State described in section 4(b)(2), the appropriate State
or local election official may not permit any individual to
register to vote in an election for Federal office (including
an individual who desires to register to vote at the polling
place at the time of voting in the election) unless the
individual provides the official with a photographic copy of
any document which provides proof that the individual is a
citizen of the United States, in accordance with guidelines
established by the Election Administration Commission in
consultation with the Secretary of Homeland Security and the
Secretary of State.''.
(2) Conforming amendment.--Section 4(b) of such Act (42
U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and
inserting ``Except as provided in section 8(j), this Act''.
SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) In General.--Section 303(b) of the Help America Vote Act of
2002 (42 U.S.C. 15483(b)) is amended--
(1) in the heading, by striking ``for Voters Who Register
by Mail'' and inserting ``for Providing Photo Identification'';
and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(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 current and valid photo
identification.
``(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 copy of a current and
valid photo identification.''.
(b) Conforming Amendments.--Section 303 of such Act (42 U.S.C.
15483) is amended--
(1) in the heading, by striking ``for voters who register
by mail'' and inserting ``for providing photo identification'';
and
(2) 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)''.
(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 providing photo
identification.''.
(d) Effective Date.--Section 303(d) of such Act (42 U.S.C.
15483(d)) is amended to read as follows:
``(d) Requirement to Provide Photo Identification.--Subsection (b)
shall apply with respect to the regularly scheduled general election
for Federal office held in November 2004 and each succeeding election
for Federal office.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to the regularly scheduled general election for Federal office
held in November 2004 and each succeeding election for Federal office.
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