What This Bill Does
This bill changes voting identification rules for federal elections. It allows people who must show identification to vote to use a signed statement instead. The statement must say they are who they claim to be and that they are registered to vote.
Who It Affects
- People voting in person in federal elections in states that require identification
- People voting by mail in states that require identification
- State and local election officials
- States with identification requirements for federal elections
Key Provisions
- States with identification requirements must let voters use a sworn written statement (a document signed under penalty of perjury, meaning lying on it is a crime) to meet that requirement. (Sec. 2(a))
- States must prepare a pre-printed version of the statement with a blank space for a voter's name and signature and distribute copies at polling places and with mail-in ballots. (Sec. 2(a)(2))
- States cannot force someone who presents a sworn written statement to cast a provisional ballot (a temporary ballot used when questions exist about a voter's eligibility). (Sec. 2(b))
- States with identification requirements must post information at polling places explaining how voters can use a sworn written statement to meet the requirement. (Sec. 3)
What Changes
If this bill becomes law, voters in states requiring identification can sign a sworn statement instead of presenting a physical ID. States must provide pre-printed statement forms at polling places and with mail ballots. Voters using sworn statements will cast regular ballots, not provisional ones.
Important Definitions
- Sworn written statement: A signed document that attests to the voter's identity and voter registration, made under penalty of perjury (the crime of lying under oath)
- Provisional ballot: A temporary ballot cast when questions exist about whether someone can legally vote
- Federal office: Not specified in bill text
Effective Date
The changes apply to elections occurring on or after the date the bill becomes law. (Sec. 4)
I
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 pre-
senting a sworn written statement attesting to the indi-
vidual’s identification, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘America Votes Act of
4
2023’’.
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•HR 861 IH
SEC. 2. PERMITTING USE OF SWORN WRITTEN STATEMENT
1
TO MEET IDENTIFICATION REQUIREMENTS
2
FOR VOTING.
3
(a) PERMITTING USE OF STATEMENT.—Title III of
4
the Help America Vote Act of 2002 (52 U.S.C. 21081 et
5
seq.) is amended by inserting after section 303 the fol-
6
lowing new section:
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‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE-
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MENT TO MEET IDENTIFICATION REQUIRE-
9
MENTS.
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‘‘(a) USE OF STATEMENT.—
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‘‘(1) IN GENERAL.—Except as provided in sub-
12
section (c), if a State has in effect a requirement
13
that an individual present identification as a condi-
14
tion of receiving and casting a ballot in an election
15
for Federal office, the State shall permit the indi-
16
vidual to meet the requirement—
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‘‘(A) in the case of an individual who de-
18
sires to vote in person, by presenting the appro-
19
priate State or local election official with a
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sworn written statement, signed by the indi-
21
vidual under penalty of perjury, attesting to the
22
individual’s identification and attesting that the
23
individual is registered to vote in the election;
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or
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•HR 861 IH
‘‘(B) in the case of an individual who de-
1
sires to vote by mail, by submitting with the
2
ballot the statement described in subparagraph
3
(A).
4
‘‘(2) PROVIDING PRE-PRINTED COPY OF STATE-
5
MENT.—A State which is subject to paragraph (1)
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shall—
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‘‘(A) prepare a pre-printed version of the
8
statement described in paragraph (1)(A) which
9
includes a blank space for an individual to pro-
10
vide a name and signature;
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‘‘(B) make copies of the pre-printed
12
version available at polling places for election
13
officials to distribute to individuals who desire
14
to vote in person; and
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‘‘(C) include a copy of the pre-printed
16
version with each blank absentee or other ballot
17
transmitted to an individual who desires to vote
18
by mail.
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‘‘(b) REQUIRING USE
OF REGULAR BALLOT.—A
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State may not require an individual who presents or sub-
21
mits a sworn written statement in accordance with sub-
22
section (a)(1) to cast a provisional ballot in the election
23
under section 302.
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•HR 861 IH
‘‘(c) EXCEPTION
FOR FIRST-TIME VOTERS REG-
1
ISTERING BY MAIL.—Subsections (a) and (b) do not apply
2
with respect to any individual described in paragraph (1)
3
of section 303(b) who is required to meet the requirements
4
of paragraph (2) of such section.’’.
5
(b) CONFORMING AMENDMENT RELATING TO EN-
6
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111)
7
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and
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303A’’.
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(c) CLERICAL AMENDMENT.—The table of contents
10
of such Act is amended by inserting after the item relating
11
to section 303 the following new item:
12
‘‘Sec. 303A. Permitting use of sworn written statement to meet identification
requirements.’’.
SEC. 3. REQUIRING STATES TO INCLUDE INFORMATION ON
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USE OF SWORN WRITTEN STATEMENT IN
14
VOTING INFORMATION MATERIAL POSTED AT
15
POLLING PLACES.
16
Section 302(b)(2) of the Help America Vote Act of
17
2002 (52 U.S.C. 21082(b)(2)) is amended—
18
(1) by striking ‘‘and’’ at the end of subpara-
19
graph (E);
20
(2) by striking the period at the end of sub-
21
paragraph (F) and inserting ‘‘; and’’; and
22
(3) by adding at the end the following new sub-
23
paragraph:
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•HR 861 IH
‘‘(G) in the case of a State that has in ef-
1
fect a requirement that an individual present
2
identification as a condition of receiving and
3
casting a ballot in an election for Federal office,
4
information on how an individual may meet
5
such requirement by presenting a sworn written
6
statement in accordance with section 303A.’’.
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SEC. 4. EFFECTIVE DATE.
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The amendments made by this Act shall apply with
9
respect to elections occurring on or after the date of the
10
enactment of this Act.
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Æ
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