To ensure only citizens are registered to vote in elections for Federal office, and to require voters to provide photo identification.

SA 5804.  Mr. LEE submitted and amendment intended to be proposed an
amendment to amendment SA 5453 proposed by Mr. Thune  (for Mr. Graham )
to the bill S. 2, to provide for reconciliation pursuant to title II of
S. Con. Res. 33.; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:

TITLE _--SAVE AMERICAN VOTERS

SEC. _100. SHORT TITLE.

This title may be cited as the ``Safeguard American Voter
Eligibility Act'' or the ``SAVE America Act''.

Subtitle A--Ensuring Only Citizens Are Registered to Vote in Elections
for Federal Office

SEC. _101. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE.

(a) Definition of Documentary Proof of United States
Citizenship.--Section 3 of the National Voter Registration
Act of 1993 (52 U.S.C. 20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As
used in this Act, the term `documentary proof of United
States citizenship' means, with respect to an applicant for
voter registration, any of the following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport that indicates the
applicant is a citizen of the United States.
``(3) The applicant's official United States military
identification card, together with an official United States
military record showing that the applicant's place of birth
was in the United States or that otherwise indicates the
applicant is a citizen of the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States or
that otherwise indicates the applicant is a citizen of the
United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a State, a
unit of local government in a State, or a Tribal government
which--
``(i) was issued by the State, unit of local government, or
Tribal government in which the applicant was born;
``(ii) was filed with the office responsible for keeping
vital records in the State;
``(iii) includes the full name, date of birth, and place of
birth of the applicant;
``(iv) lists the full names of one or both of the parents
of the applicant;
``(v) has the signature of an individual who is authorized
to sign birth certificates on behalf of the State, unit of
local government, or Tribal government in which the applicant
was born;
``(vi) includes the date that the certificate was filed
with the office responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of local
government, or Tribal government that issued the birth
certificate.
``(B) An extract from a United States hospital Record of
Birth created at the time of the applicant's birth which
indicates that the applicant's place of birth was in the
United States.
``(C) A final adoption decree showing the applicant's name
and that the applicant's place of birth was in the United
States.
``(D) A Consular Report of Birth Abroad of a citizen of the
United States or a certification of the applicant's Report of
Birth of a United States citizen issued by the Secretary of
State.
``(E) A Naturalization Certificate or Certificate of
Citizenship issued by the Secretary of Homeland Security or
any other document or method of proof of United States
citizenship issued by the Federal government pursuant to the
Immigration and Nationality Act.
``(F) An American Indian Card issued by the Department of
Homeland Security with the classification `KIC'.''.
(b) Application of Requirements.--Section 4 of the National
Voter Registration Act of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of
United States Citizenship.--Under any method of voter
registration in a State, the State shall not accept and
process an application to register to vote in an election for
Federal office unless the applicant presents documentary
proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle
Driver's License.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting
``Subject to the requirements under section 8(j), each State
motor vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end; and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of the
United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the

[[Page S2640]]

applicant meets the eligibility requirements to register to
vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States
Citizenship With National Mail Voter Registration Form.--
Section 6 of the National Voter Registration Act of 1993 (52
U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use'' and
inserting ``Subject to the requirements under section 8(j),
each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take
such steps as may be necessary to ensure that residents of
the State are aware of the requirement to provide documentary
proof of United States citizenship to register to vote in
elections for Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) the person did not provide documentary proof of
United States citizenship when registering to vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of United
States citizenship in person to the office of the appropriate
election official not later than the deadline provided by
State law for the receipt of a completed voter registration
application for the election; or
``(B) in the case of a State which permits an individual to
register to vote in an election for Federal office at a
polling place on the day of the election and on any day when
voting, including early voting, is permitted for the
election, the applicant presents documentary proof of United
States citizenship to the appropriate election official at
the polling place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that
reasonable accommodations are made to allow an individual
with a disability who submits the mail voter registration
application form prescribed by the Election Assistance
Commission pursuant to section 9(a)(2) or a form described in
paragraph (1) or (2) of subsection (a) to present documentary
proof of United States citizenship to the appropriate
election official.''.
(e) Requirements for Voter Registration Agencies.--Section
7 of the National Voter Registration Act of 1993 (52 U.S.C.
20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the following
new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to register to vote in
elections for Federal office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship'';
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?' and if the applicant answers in the
affirmative require documentary proof of United States
citizenship prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--
(1) In general.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507) is amended--
(A) in subsection (a)--
(i) by striking ``In the administration of voter
registration'' and inserting ``Subject to the requirements of
subsection (j), in the administration of voter
registration''; and
(ii) in paragraph (3)--

(I) in subparagraph (B), by striking ``or'' at the end; and
(II) by adding at the end the following new subparagraphs:

``(D) based on documentary proof or verified information
that the registrant is not a United States citizen; or
``(E) the registration otherwise fails to comply with
applicable State law;'';
(B) by redesignating subsection (j) as subsection (l); and
(C) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered to Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the
individual provides documentary proof of United States
citizenship.
``(2) Requirement in cases of name discrepancies in
documentation.--Notwithstanding any other provision of law, a
State shall accept and process an application to register to
vote in an election for Federal office if the applicant--
``(A) presents with the application documentation that
would constitute documentary proof of United States
citizenship, except that the name on the documentation is not
the name of the applicant; and
``(B) provides, through a process established by the State
(which shall be subject to any relevant guidance adopted by
the Election Assistance Commission)--
``(i) additional documentation as necessary to establish
that the name on the documentation is a previous name of the
applicant; or
``(ii) an affidavit signed by the applicant attesting that
the name on the documentation is a previous name of the
applicant.
``(3) Additional processes in certain cases.--
``(A) Process for those without documentary proof such as
recently married women who decide to change their surname.--
``(i) In general.--Subject to any relevant guidance adopted
by the Election Assistance Commission, each State shall
establish a process under which an applicant who cannot
provide documentary proof of United States citizenship under
paragraph (1) may, if the applicant signs an attestation
under penalty of perjury that the applicant is a citizen of
the United States and eligible to vote in elections for
Federal office, submit such other evidence to the appropriate
State or local official demonstrating that the applicant is a
citizen of the United States and such official shall make a
determination as to whether the applicant has sufficiently
established United States citizenship for purposes of
registering to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State or local official
makes a determination under clause (i) that an applicant has
sufficiently established United States citizenship for
purposes of registering to vote in elections for Federal
office in the State, such determination shall be accompanied
by an affidavit developed under clause (iii) signed by the
official swearing or affirming the applicant sufficiently
established United States citizenship for purposes of
registering to vote.
``(iii) Development of affidavit by the election assistance
commission.--The Election Assistance Commission shall develop
a uniform affidavit for use by State and local officials
under clause (ii), which shall--

``(I) include an explanation of the minimum standards
required for a State or local official to register an
applicant who cannot provide documentary proof of United
States citizenship to vote in elections for Federal office in
the State; and
``(II) require the official to explain the basis for
registering such applicant to vote in such elections.

``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance adopted by
the Election Assistance Commission, each State shall
establish a process under which an applicant can provide such
additional documentation to the appropriate election official
of the State as may be necessary to establish that the
applicant is a citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary proof
of United States citizenship.
``(4) State requirements.--Not later than 30 days after the
date of the enactment of this subsection:
``(A) Each State shall take affirmative steps, on an
ongoing basis, and not less than once every calendar year
quarter, to ensure that only United States citizens are
registered to vote under the provisions of this Act, and such
affirmative steps shall include the establishment of a
program described in subparagraphs (B) and (C).
``(B) Each State shall submit the complete, official list
of individuals registered as eligible voters for Federal
office in the State to the Department of Homeland Security
for comparison through the Systematic Alien Verification for
Entitlements (`SAVE') system for the purposes of identifying
individuals who are not citizens of the United States and
taking the necessary steps to remove such individuals who are
not citizens from the official list, after notice is given to
such individuals and such individuals are given the
opportunity to provide documentary proof of United States
citizenship, but a State with a memorandum of agreement for
such purposes with the Department of Homeland Security on the
date of the enactment

[[Page S2641]]

of this subsection may comply with this subparagraph by
carrying out such purposes under the memorandum.
``(C) Each State may utilize such other sources of data
available to the State for the purposes of identifying
individuals who are not citizens of the United States and
removing such individuals from the official list of eligible
voters for Federal office in the State, including (but not
limited to) the following:
``(i) The Department of Homeland Security through the
Systematic Alien Verification for Entitlements (`SAVE')
system or otherwise.
``(ii) Other sources, including databases and information
provided pursuant to an agreement with the Commissioner of
Social Security under section 205(r)(9) of the Social
Security Act, which can be used to confirm United States
citizenship status, except that any such information provided
by the Commissioner may not be the sole grounds for the
removal of an individual from the official list of eligible
voters for elections for Federal office in a State.
``(5) Availability of information.--
``(A) In general.--At the request of a State election
official (including a request related to a process
established by a State under paragraph (3)(A) or (3)(B)), any
head of a Federal department or agency possessing information
relevant to determining the eligibility of an individual to
vote in elections for Federal office shall, not later than 24
hours after receipt of such request, provide the official
with such information as may be necessary to enable the
official to verify that an applicant for voter registration
in elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a citizen
of the United States, which shall include providing the
official with such batched information as may be requested by
the official.
``(B) Use of save system.--The Secretary of Homeland
Security shall respond to a request received under
subparagraph (A) by using the system for the verification of
immigration status under the applicable provisions of section
1137 of the Social Security Act (42 U.S.C. 1320b-7), as
established pursuant to section 121(c) of the Immigration
Reform and Control Act of 1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with each
other with respect to an individual who is the subject of a
request received under paragraph (A) in order to enable them
to respond to the request.
``(D) Investigation for purposes of removal.--The Secretary
of Homeland Security shall conduct an investigation to
determine whether to initiate removal proceedings under
section 239 of the Immigration and Nationality Act (8 U.S.C.
1229) if it is determined pursuant to subparagraph (A) or (B)
that an alien (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) is
unlawfully registered to vote in elections for Federal
office.
``(E) Prohibiting fees.--The head of a Federal department
or agency may not charge a fee for responding to a State's
request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A
State shall remove an individual who is not a citizen of the
United States from the official list of eligible voters for
elections for Federal office held in the State at any time
upon receipt of documentation or verified information that a
registrant is not a United States citizen.''.
(2) Agreements for the social security administration to
share applicable information.--
(A) Agreements with state officials.--Section 205(r)(9)(A)
of the Social Security Act (42 U.S.C. 405(r)(9)(A)) is
amended to read as follows:
``(9)(A)(i) The Commissioner of Social Security shall enter
into an agreement with each official responsible for a State
driver's license agency for the purpose of verifying that--
``(I) the applicable information of an individual matches
information contained in the records of the Commissioner; and
``(II) for each individual registering to vote or who is
registered to vote, the citizenship or immigration status of
such individual is consistent with the information in the
records of the Commissioner.
``(ii) Each State driver's license agency shall pay to the
Commissioner of Social Security the full costs (including
systems and administrative costs) associated with the
verification under clause (i).
``(iii) Pursuant to an agreement described in clause (i), a
State driver's license agency may disclose information
related to the verification under clause (i) to State and
local officials as necessary to verify the eligibility of
individuals registering to vote or who are registered to vote
within such State.
``(iv) Agreements under this subparagraph shall include
safeguards to assure compliance with subparagraph (F).''.
(B) Agreements with the department of homeland security.--
Section 205(r)(9) of the Social Security Act (42 U.S.C.
405(r)(9)) is amended by adding at the end the following:
``(G)(i) The Commissioner of Social Security shall enter
into an agreement with the Secretary of Homeland Security
under which--
``(I) the Secretary may provide the Commissioner with
applicable information; and
``(II) if the Secretary provides such information, the
Commissioner provides the Secretary with a notification
regarding--
``(aa) whether the applicable information of an individual
matches the information contained in the records of the
Commissioner;
``(bb) the social security number associated with the
individual matches; and
``(cc) the citizenship or immigration status shown on the
social security number of such individual.
``(ii) The Secretary of Homeland Security shall pay to the
Commissioner of Social Security the full costs (including
systems and administrative costs) associated with providing
any applicable information and notification under clause (i).
``(iii) The Secretary may, upon request, disclose any
applicable information and notification under clause (i) to
State and local officials to verify the eligibility of
individuals registering to vote or who are registered to vote
within such State.

``(iv) Agreements under this subparagraph shall include
safeguards to assure compliance with subparagraph (F).''.
(C) Applicable information defined.--Subparagraph (D)(i) of
section 205(r)(9) of the Social Security Act (42 U.S.C.
405(r)(9)) is amended--
(i) in the matter preceding subclause (I), by striking
``information regarding whether'';
(ii) in subclause (I), by striking ``provided to the
Commissioner match the information contained in the
Commissioner's records''; and
(iii) in subclause (II), by inserting ``information
regarding whether'' before ``such''.
(D) Confidentiality.--Subparagraph (F) of section 205(r)(9)
of the Social Security Act (42 U.S.C. 405(r)(9)) is amended
by striking ``a State'' each place it appears and inserting
``an agency''
(g) Clarification of Authority of State To Remove
Noncitizens From Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by adding ``or'' at the end of subparagraph (B); and
(C) by adding at the end the following new subparagraph:
``(C) documentary proof or verified information that the
registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter
Registration Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an explanation of
what is required to present documentary proof of United
States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document,
and any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as amended
by paragraph (1)(C)), by striking ``; and'' and inserting the
following: ``, other than as evidence in a criminal
proceeding or immigration proceeding brought against an
applicant who attempts to register to vote and makes a false
declaration under penalty of perjury that the applicant meets
the eligibility requirements to register to vote in an
election for Federal office; and''.
(i) Private Right of Action.--Section 11(b)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20510(b)(1)) is amended by striking ``a violation of this
Act'' and inserting ``a violation of this Act, including the
act of an election official who registers an applicant to
vote in an election for Federal office who fails to present
documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52
U.S.C. 20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in an
election for Federal office;
``(C) purposefully registering an applicant to vote in an
election for Federal office who

[[Page S2642]]

fails to present documentary proof of United States
citizenship; or''.
(k) Applicability of Requirements to Certain States.--
(1) In general.--Subsection (c) of section 4 of the
National Voter Registration Act of 1993 (52 U.S.C. 20503), as
redesignated by subsection (b), is amended by striking ``This
Act does not apply to a State'' and inserting ``Except with
respect to the requirements under subsection (j) and (k) of
section 8 in the case of a State described in paragraph (2),
this Act does not apply to a State''.
(2) Permitting states to adopt requirements after
enactment.--Section 4 of such Act (52 U.S.C. 20503) is
amended by adding at the end the following new subsection:
``(d) Permitting States To Adopt Certain Requirements After
Enactment.--Subsections (j) and (k) of section 8 shall not
apply to a State described in subsection (c)(2) if the State,
by law or regulation, adopts requirements which are identical
to the requirements under such subsections not later than 60
days prior to the date of the first election for Federal
office which is held in the State after the date of the
enactment of the SAVE America Act.''.
(l) Election Assistance Commission Guidance.--Not later
than 10 days after the date of the enactment of this Act, the
Election Assistance Commission shall adopt and transmit to
the chief State election official of each State guidance with
respect to the implementation of the requirements under the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.), as amended by this section.
(m) Inapplicability of Paperwork Reduction Act.--Subchapter
I of chapter 35 of title 44 (commonly referred to as the
``Paperwork Reduction Act'') shall not apply with respect to
the development or modification of voter registration
materials under the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.), as amended by this section,
including the development or modification of any voter
registration application forms.
(n) Duty of Secretary of Homeland Security To Notify
Election Officials of Naturalization.--Upon receiving
information that an individual has become a naturalized
citizen of the United States, the Secretary of Homeland
Security shall promptly provide notice of such information to
the appropriate chief election official of the State in which
such individual is domiciled.
(o) Rule of Construction Regarding Provisional Ballots.--
Nothing in this section or in any amendment made by this
section may be construed to supersede, restrict, or otherwise
affect the ability of an individual to cast a provisional
ballot in an election for Federal office or to have the
ballot counted in the election if the individual is verified
as a citizen of the United States pursuant to section 8(j) of
the National Voter Registration Act of 1993 (as added by
subsection (f)).
(p) Rule of Construction Regarding Effect on State
Exemptions From Other Federal Laws.--Nothing in this section
or in any amendment made by this section may be construed to
affect the exemption of a State from any requirement of any
Federal law other than the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.).
(q) Exception for Absent Uniformed Services Voters.--The
requirements in this section shall not apply with respect to
an applicant who is 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)).
(r) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this section, and shall apply with respect to
applications for voter registration which are submitted on or
after such date.

Subtitle B--Requiring Voters to Provide Photo Identification

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) Effective Date.--This section shall take effect on
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 the Safeguard American
Voter Eligibility Act.''.
(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 on the date of the
enactment of this section, and shall apply with respect to
elections for Federal office held on or after such date.
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