Library / Laws / 113th / hr / H.R. 1748 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1748
IN THE HOUSE OF REPRESENTATIVES
April 25, 2013
Mr. Larsen of
Washington (for himself, Ms. Brown of
Florida, Mr. Blumenauer,
Ms. Lee of California,
Ms. DeGette,
Mr. Ellison,
Mr. Grijalva,
Mr. Honda,
Mr. Farr, Ms. Chu, Mr. Smith
of Washington, Mr.
Becerra, Mr. Cohen,
Ms. Norton,
Mr. Lewis,
Ms. Bordallo,
Ms. Schwartz,
Mr. Rush, Mr. Johnson of Georgia,
Mr. Deutch,
Ms. Moore,
Ms. Speier,
Mr. Lynch,
Mr. Carson of Indiana,
Mr. Rangel,
Mr. Tonko,
Mr. Clay, Mr. Butterfield, Mr.
Cárdenas, Mr. Cummings,
Ms. DelBene,
Mr. Bishop of Georgia,
Mr. McDermott,
Ms. Wilson of Florida, and
Mr. Serrano) 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.
1.
Short title
This Act may be cited as the
America Votes Act of
2013.
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 (42 U.S.C. 15481 et seq.) is amended by inserting
after section 303 the following new section:
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 (42
U.S.C. 15511) 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.
.
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 (42 U.S.C. 15482(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.
.
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.