,,ii #aaith ,,congress #b;d ,session ,s4 #eeje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to ensure that elections for ,federal office are secure and fair1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safe and ,fair ,elections ,act of #bjbf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,secure ,american ,elections ,act,sec4 #aja4 ,requiring voters to provide photo identification4,sec4 #ajb4 ,deadline for receipt of absentee and mail-in ballots4,sec4 #ajc4 ,grants to expedite counting of ballots4,sec4 #ajd4 ,requiring ,states to allow the counting of early votes to expedite reporting4,,title ,,ii--,fair ,american elections,sec4 #bja4 ,requiring open primaries4,sec4 #bjb4 ,prohibition on mid-decade redistricting4,sec4 #bjc4 ,congressional redistricting standards4,sec4 #bjd4 ,metropolitan and micropolitan statistical area updates4,sec4 #bje4 ,federal judicial review of partisan gerrymandering4,,title ,,iii--,nonseverability,sec4 #cja4 ,nonseverability4 ,i ,secure ,american ,elections ,act #aja4 ,requiring voters to provide photo identification 7a7 ,requirement ,to provide photo identification as condition of casting ballot 7#a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,photo identification requirements 7a7 ,provision of identification required as condition of casting ballot 7#a7 ,individuals voting in person 7,a7 ,requirement to provide identification ,notwithstanding any other provision of law and except as provided in subparagraph 7,b71 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 identification4 7,b7 ,availability of provisional ballot 7i7 ,in general ,if an individual does not present the identification required under subparagraph 7,a71 the individual shall be permitted to cast a provisional ballot with respect to the election under section #cjb7;a71 except that the appropriate ,state or local election official may not make a determination under section #cjb7;a77#d7 that the individual is eligible under ,state law to vote in the election unless1 not later than #c days after casting the provisional ballot1 the individual presents to the official-- 7,i7 the identification required under subparagraph 7,a72 or 7,,ii7 an affidavit developed and made available to the individual by the ,state attesting that the individual does not possess the identification required under subparagraph 7,a7 because the individual has a religious objection to being photographed4 7ii7 ,no effect on other provisional balloting rules ,nothing in clause 7i7 may be construed to apply to the casting of a provisional ballot pursuant to section #cjb7;a7 or any ,state law for reasons other than the failure to present the identification required under subparagraph 7,a74 7#b7 ,individuals voting other than in person 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraph 7,b71 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-- 7i7 a copy of a valid photo identification2 or 7ii7 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 copy4 7,b7 ,exceptions ,subparagraph 7,a7 does not apply with respect to a ballot provided by-- 7i7 an absent uniformed services voter1 as defined in section #ajg7a7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcaj7a772 or 7ii7 an individual provided the right to vote otherwise than in person under section #c7;b77#b77;,b77ii7 of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjajb7;b77#b77;,b77ii774 7b7 ,providing public access to digital imaging devices ,with respect to each ,state1 the appropriate ,state or local government official of the ,state shall ensure1 to the extent practicable1 public access to a digital imaging device1 which shall include a printer1 copier1 image scanner1 or multifunction machine1 at ,state and local government buildings in the ,state1 including courts1 libraries1 and police stations1 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 identification4 7c7 ,valid photo identifications described ,for purposes of this section1 a valid photo identification means1 with respect to an individual who seeks to vote in a ,state1 any of the following3 7#a7 ,a valid ,state-issued motor vehicle driver's license that includes a photo of the individual and an expiration date4 7#b7 ,a valid ,state-issued identification card that includes a photo of the individual and an expiration date issued by a ,state motor vehicle authority4 7#c7 ,a valid ,united ,states passport for the individual4 7#d7 ,a valid military identification for the individual4 7#e7 ,a valid identification document issued by a ,tribal government that includes a photo of the individual and an expiration date4 7d7 ,notification of identification requirement to applicants for voter registration 7#a7 ,in general ,each ,state shall ensure that1 at the time an individual applies to register to vote in elections for ,federal office in the ,state1 the appropriate ,state or local election official notifies the individual of the photo identification requirements of this section4 7#b7 ,special rule for individuals applying to register to vote online ,each ,state shall ensure that1 in the case of an individual who applies to register to vote in elections for ,federal office in the ,state online1 the online voter registration system notifies the individual of the photo identification requirements of this section before the individual completes the online registration process4 7e7 ,valid military identification defined ,for purposes of this section1 the term valid military identification means any photo identification card issued by the ,department of ,defense or the ,department of ,veterans ,affairs4 7f7 ,effective date ,this section shall take effect #a day after the date of the enactment of this section1 and shall apply with respect to elections for ,federal office held on or after such date4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,photo identification requirements4 4 7b7 ,conforming amendment relating to voluntary guidance by ,election ,assistance ,commission ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#b72 7#b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 in the case of the recommendations with respect to section #cjc;,a1 the date of enactment of this paragraph4 4 7c7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 #cjc1 and #cjd and inserting subtitle ,a of title ,,iii4 7d7 ,effective ,date ,this section and the amendments made by this section shall take effect #a day after the date of the enactment of this ,act1 and shall apply with respect to elections for ,federal office held on or after such date4 #ajb4 ,deadline for receipt of absentee and mail-in ballots 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 as amended by section #aja7;a77#a71 is amended by inserting after section #cjc;,a the following new section3 #cjc;,b4 ,deadline for receipt of absentee and mail-in ballots 7a7 ,in general ,to be considered validly cast and eligible to be counted in an election for ,federal office1 an absentee or mail-in ballot must be received by the appropriate election official no later than the time polls close on the date of the election and1 in the case of a general election for ,federal office1 no later than the time polls close on the date established under section #be of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #g7 for each general election for ,federal office4 7b7 ,untimely ballot ,no ,state may accept for tabulation an absentee or mail-in ballot that is received by the appropriate election official following the time polls close on the date of the election4 7c7 ,exception ,the deadline described in subsection 7a7 shall not apply-- 7#a7 with respect to ballots cast by absent uniformed services voter or overseas voters1 as defined in section #ajg of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcaj72 or 7#b7 in any geographic area in which1 and during any period during which1 there is an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 7d7 ,effective date ,this section shall apply with respect to elections for ,federal office held in #bjbg or any succeeding year4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #aja7;a77#b71 is amended by inserting after the item relating to section #cjc;,a the following new item3 ,sec4 #cjc;,b4 ,deadline for receipt of absentee and mail-in ballots4 4 #ajc4 ,grants to expedite counting of ballots 7a7 ,in general ,the ,secretary of ,commerce 7in this section referred to as the ,secretary7 shall provide grants to ,states and units of local government for the purchase of equipment1 training of staff1 and other activities that will speed up the counting of ballots in elections for ,federal office4 7b7 ,priority ,in providing grants under subsection 7a71 the ,secretary shall prioritize localities that are either rural or have demonstrated lateness in tallying votes in elections for ,federal office4 7c7 ,funding ,out of amounts in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary for carrying out this section #bjj1jjj1jjj for fiscal year #bjbg1 to remain available until expended4 #ajd4 ,requiring ,states to allow the counting of early votes to expedite reporting 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 as amended by section #ajb7;a71 is amended by inserting after section #cjc;,b the following new section3 #cjc;,c4 ,requiring ,states to allow the counting of early votes to expedite reporting 7a7 ,in general ,no ,state shall prohibit the counting of votes in an election for ,federal office before election day4 7b7 ,effective date ,this section shall apply with respect to elections for ,federal office held in #bjbg or any succeeding year4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amendment by section #ajb7;b71 is amended by inserting after the item relating to section #cjc;,b the following new item3 ,sec4 #cjc;,c4 ,requiring ,states to allow the counting of early votes to expedite reporting4 4 ,,ii ,fair ,american elections #bja4 ,requiring open primaries 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 as amended by section #ajd7;a71 is amended by inserting after section #cjc;,c the following new section3 #cjc;,d4 ,requiring open primaries 7a7 ,in general 7#a7 ,elections for ,federal office ,each ,state shall hold open primaries for elections for ,federal office held in the ,state4 7#b7 ,elections for ,state and local office ,notwithstanding any other provision of law1 a ,state may not use any funds provided by the ,federal ,government directly for election administration purposes unless the ,state certifies to the ,election ,assistance ,commission that the ,state holds open primaries for elections for ,state and local office4 7b7 ,open primaries described ,for purposes of this section1 a ,state holds open primaries for an election for an office if any individual who is registered to vote in a general election for such office in the ,state may cast a ballot in any primary election 7including a primary election held for the selection of delegates to a national nominating convention of a political party and a primary election held for the expression of a preference for the nomination of individuals for election to the office of ,president7 held by any political party to nominate candidates for election for that office1 including a convention or caucus of a political party which has authority to nominate a candidate4 7c7 ,effective date ,subsection 7a7 shall apply with respect to elections held after ,january #a1 #bjbg4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #ajd7;b71 is amended by inserting after the item relating to section #cjc;,c the following new item3 ,sec4 #cjc;,d4 ,requiring open primaries4 4 #bjb4 ,prohibition on mid-decade redistricting 7a7 ,in ,general ,a ,state that has been redistricted may not be redistricted again until after the next apportionment of ,representatives under section #bb7;a7 of the ,act entitled ,an ,act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of ,representatives in ,congress1 approved ,june #ah1 #aibi 7#b ,u4,s4,c4 #b;a71 unless a court requires the ,state to conduct such subsequent redistricting to comply with the ,constitution of the ,united ,states1 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 applicable ,state law1 or the terms or conditions of this ,act4 7b7 ,no effect on elections for ,state and local office ,nothing in this section may be construed to affect the manner in which a ,state carries out elections for ,state or local office1 including the process by which a ,state establishes the districts used in such elections4 7c7 ,effective date ,this section shall apply with respect to any congressional redistricting that occurs after the date of enactment of this ,act4 #bjc4 ,congressional redistricting standards 7a7 ,definitions ,for purposes of this section3 7#a7 ,equalized population of a district ,the term equalized population of a district1 used with respect to a ,state1 means the quotient of-- 7,a7 the total population of the ,state2 divided by 7,b7 the number of congressional districts apportioned to the ,state4 7#b7 ,metropolitan statistical area ,the term metropolitan statistical area means an area delineated by the ,director of the ,office of ,management and ,budget as a metropolitan statistical area4 7b7 ,in general ,except as provided in subsection 7d71 a ,state shall use a congressional redistricting plan that is in compliance with the requirements of subsection 7c74 7c7 ,requirements 7#a7 ,general criteria ,congressional districts in a ,state shall be drawn in accordance with all of the following3 7,a7 ,each district shall have a population that does not have more than #j4ae percent of deviation from the equalized population of a district for the ,state4 7,b7 ,districts shall consist of contiguous territory1 except to the extent necessary to account for the presence of water1 including any area which is surrounded by a body of water4 7,c7 ,for purposes of any metropolitan statistical area in the ,state1 the metropolitan statistical area shall-- 7i7 be contained within a single district if possible without violating subparagraph 7,a72 or 7ii7 if the metropolitan statistical area has a greater population than the equalized population of a district for the ,state1 be contained entirely within the fewest number of districts1 of which all but one of such districts shall be composed entirely of area within the metropolitan statistical area4 7,d7 ,districts shall be compact4 7,e7 ,except as otherwise provided in subparagraph 7,c71 districts shall provide for all of a city or town to be contained in a single district4 7,f7 ,districts shall provide for all of a county to be contained in a single district4 7#b7 ,prohibition on partisan intent or use of partisan data ,a congressional district may not be drawn for the purpose of favoring or disfavoring a particular political party1 an incumbent1 or a particular candidate or using data with respect to the partisan make-up of the population of the ,state or a subdivision of the ,state4 7#c7 ,metropolitan statistical area 7,a7 ,multistate areas ,with respect to a metropolitan statistical area that is in multiple ,states1 only the population and area of such metropolitan statistical area that is within such ,state shall be considered for purposes of determining the compliance of the ,state with paragraph 7#a77;,c74 7,b7 ,formula for fewest number of districts ,for purposes of determining the compliance of a ,state with paragraph 7#a77;,c77ii7 with respect to a metropolitan statistical area1 the fewest number of districts is a number of districts equal to the number that is-- 7i7 the quotient of-- 7,i7 the population of the metropolitan statistical area2 divided by 7,,ii7 the equalized population of a district for the ,state2 and 7ii7 rounded up to the nearest whole number4 7d7 ,exception for failure ,to meet full criteria 7#a7 ,in general ,a ,state that is unable to draw a congressional redistricting plan that meets all of the criteria described in subparagraphs 7,a7 through 7,f7 of subsection 7c77#a7 shall draw the congressional districts for the ,state in accordance with the criteria priority described in paragraph 7#b74 7#b7 ,partial satisfaction of criteria ,a ,state described in paragraph 7#a7 that is unable to comply with #a or more of the criteria described in subparagraphs 7,b7 through 7,f7 of subsection 7c77#a7 for the ,state shall comply1 as applicable1 with the following3 7,a7 ,unable to comply with subparagraph 7,f7 ,such a ,state that is able to draw a congressional redistricting plan that meets all such criteria except the ,state cannot draw all congressional districts in compliance with subparagraph 7,f7 of such subsection shall-- 7i7 draw all congressional districts of the ,state in compliance with subparagraphs 7,a7 through 7,e7 of such subsection2 and 7ii7 for as many congressional districts as possible1 draw congressional districts of the ,state in compliance with subparagraph 7,f7 of such subsection4 7,b7 ,unable to comply with subparagraphs 7,e7 and 7,f7 ,such a ,state that is able to draw a congressional redistricting plan that meets all such criteria except the ,state cannot draw all congressional districts in compliance with subparagraphs 7,e7 and 7,f7 of such subsection shall-- 7i7 draw all congressional districts of the ,state in compliance with subparagraphs 7,a7 through 7,d7 of such subsection2 and 7ii7 for as many congressional districts as possible1 draw congressional districts of the ,state in compliance with subparagraphs 7,e7 and 7,f7 of such subsection4 7,c7 ,unable to comply with subparagraphs 7,d71 7,e71 and 7,f7 ,such a ,state that is able to draw a congressional redistricting plan that meets all such criteria except the ,state cannot draw all congressional districts in compliance with subparagraphs 7,d71 7,e71 and 7,f7 of such subsection shall-- 7i7 draw all congressional districts of the ,state in compliance with subparagraphs 7,a71 7,b71 and 7,c7 of such subsection2 and 7ii7 for as many congressional districts as possible1 draw congressional districts of the ,state in compliance with subparagraphs 7,d71 7,e71 and 7,f7 of such subsection4 7,d7 ,unable to comply with subparagraphs 7,c7 through 7,f7 ,such a ,state that is able to draw a congressional redistricting plan that meets all such criteria except the ,state cannot draw all congressional districts in compliance with subparagraphs 7,c7 through 7,f7 of such subsection shall-- 7i7 draw all congressional districts of the ,state in compliance with subparagraphs 7,a7 and 7,b7 of such subsection2 and 7ii7 for as many congressional districts as possible1 draw congressional districts of the ,state in compliance with subparagraphs 7,c7 through 7,f7 of such subsection4 7,e7 ,unable to comply with subparagraphs 7,b7 through 7,f7 ,such a ,state that is unable to draw all congressional districts of the ,state in compliance with subparagraphs 7,b7 through 7,f7 of such subsection shall-- 7i7 draw all congressional districts of the ,state in compliance with subparagraph 7,a7 of such subsection2 and 7ii7 for as many congressional districts as possible1 draw congressional districts of the ,state in compliance with subparagraphs 7,b7 through 7,f7 of such subsection4 #bjd4 ,metropolitan and micropolitan statistical area updates 7a7 ,in general ,beginning on ,january #a of a new decade1 the ,director of the ,office of ,management and ,budget may not propose an update to the delineation of a metropolitan or micropolitan statistical area until the ,january #a after the date on which the first midterm election of that decade occurs4 7b7 ,effective date ,any update described in subsection 7a7 that is the first update of a decade may not take effect until after the date on which newly drawn congressional district maps take effect for that decade4 #bje4 ,federal judicial review of partisan gerrymandering ,the district courts of the ,united ,states shall have jurisdiction to hear and determine claims asserting that the congressional redistricting plan of a ,state violates the requirements of section #bjc7;c77#b74 ,,iii ,nonseverability #cja4 ,nonseverability ,if any provision of this section1 or the application thereof to any person or circumstance1 is held to be invalid1 the remaining provisions of this ,act and any amendments made by this ,act shall be treated as invalid4