I
117th CONGRESS
2d Session
H. R. 7960
IN THE HOUSE OF REPRESENTATIVES
June 7, 2022
Mr. Rodney Davis of Illinois introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Real ID Act of 2005 to include citizenship status as part of the minimum requirements with respect to a driver’s license and identification card issued to a person by a State, and for other purposes.
Short title
This Act may be cited as the Citizen Vote Protection Act
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Use of photo identification
Findings; Sense of Congress
Findings
Congress finds the following:
Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals.
As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), [v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights
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As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”.
The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.
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Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that [t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes
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Photographic voter identification is important for ensuring voter confidence in election processes and outcomes.
Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment.
The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections.
Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld.
Sense of Congress
It is the sense of Congress that the States should implement the substance of the recommendation of the Carter-Baker Commission that, [t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005
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REAL ID Act Amendment
Amendment
Section 202(b) of the Real ID Act of 2005 (49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph:
If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.
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Applicability
The amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date.
Rule of construction
Nothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card.