- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: March 20, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 4732. Mr. HUSTED submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 111 and insert the following:
SEC. 111. 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
physical 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) Exceptions.—Subparagraph (A) does not apply with
respect to a ballot provided by—
“(i) an absent uniformed services voter, as defined in
section 107(1) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20310(1)); or
“(ii) an individual 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)).
“(b) Providing 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
issued by a State motor vehicle authority.
“(3) A valid United States passport for the individual.
“(4) A valid military identification for the individual.
“(5) A valid identification document issued by a Tribal
government that includes a photo of the individual and an
expiration date.
“(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) Valid Military Identification Defined.—For purposes
of this section, the term `valid military identification'
means any photo identification card issued by the Department
of Defense or the Department of Veterans Affairs.
“(f) Effective Date.—This section shall take effect 1 day
after the date of the enactment of this section, and shall
apply with respect to elections for Federal office held on or
after such date.”.
(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, the date of enactment of this paragraph.”.
(c) Conforming Amendment Relating to Enforcement.—Section
401 of such Act (52 U.S.C. 21111) is amended by striking
“sections 301, 302, 303, and 304” and inserting “subtitle
A of title III”.
(d) Effective Date.—This section and the amendments made
by this section shall take effect 1 day after the date of the
enactment of this Act, and shall apply with respect to
elections for Federal office held on or after such date.