S. 5271Senate119th Congress (2025-2027)Failed

A bill to amend the Help America Vote Act of 2002 to require voters to provide photo identification.

Sponsored by Jon HustedSen. Jon Husted (R-OH)
Introduced August 5, 2026

AI-Generated Summary

Updated August 7, 2026 at 11:48 PM UTC

This bill changes the Help America Vote Act of 2002 to make showing a valid photo identification a condition for voting in federal elections. It sets out which IDs are acceptable, provides a provisional‑ballot process for those without ID, and requires states to give voters notice of the rule when they register. The bill also mandates free public access to copying equipment so voters can produce a copy of their ID.

Key Provisions

  • Voters must show a valid photo ID (state driver’s license, state ID card, passport, military ID, or tribal ID) to cast an in‑person ballot for a federal office; without it they may only cast a provisional ballot and must provide the ID or a religious‑objection affidavit within three days.
  • For mail or absentee ballots, voters must submit a copy of a valid photo ID, or the last four digits of their Social Security number plus an affidavit stating they could not obtain a photo ID after reasonable effort; uniformed‑service and certain disabled voters are exempt.
  • States must provide free public access to devices (printers, scanners, etc.) at government buildings so voters can copy their photo IDs.
  • When a person registers to vote (including online registration), the state must inform them of the new photo‑ID requirement.
  • The amendment adds a new Section 303A to the Help America Vote Act, updates related table‑of‑contents entries, and adjusts other HAVA sections to reference the new provision; it takes effect one day after enactment for any federal election thereafter.

Legislative Activity

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5 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 231.

August 8, 2026

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SenateIntro Referral

Introduced in Senate

August 5, 2026

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

August 5, 2026

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 547.

August 6, 2026

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S4556)

August 8, 2026

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S4556)

August 8, 2026

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 231.

August 8, 2026

Floor Debate

10 members

What members said about S. 5271 on the floor

7 Republicans3 Democrats
John Thune
Sen. John ThuneR-SD · Aug 7, 2026

Mr. President, I ask unanimous consent that notwithstanding rule XXII, the Senate vote on the cloture motion with respect to the motion to proceed to S. 4668 at a time to be determined by the…

Ted Budd
Sen. Ted BuddR-NC · Aug 7, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I call up my amendment No. 6747 and ask that it be reported by number. Mr. President, 9 months…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Aug 7, 2026

Mr. President, I rise this evening on behalf of myself and Senator Sheehy and several others, Democrats and Republicans. I represent farmers, small businesses, brewers, and consumers in my State, and…

Jon Husted
Sen. Jon HustedR-OH · Aug 7, 2026

Madam President, using a photo ID to vote is common sense. It is an issue Americans broadly support. So tonight, this early morning, I am offering a clean, simple straightforward bill to require a…

Alex Padilla
Sen. Alex PadillaD-CA · Aug 7, 2026

Madam President, colleagues, here we are after months and months and months of continuing to debate this bill, which still hasn't passed. We should be debating how to bring costs down for working…

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John Barrasso
Sen. John BarrassoR-WY · Aug 7, 2026

The following Senators are necessarily absent: the Senator from Arkansas (Mr. Boozman), the Senator from Arkansas (Mr. Cotton), the Senator from North Dakota (Mr. Cramer), the Senator from Oklahoma…

Ashley Moody
Sen. Ashley MoodyR-FL · Aug 6, 2026

Madam President, I understand that there are two bills at the desk due for a second reading en bloc. Madam President, in order to place the bills on the calendar under the provisions of rule XIV, I…

John Thune
Sen. John ThuneR-SD · Aug 5, 2026

Mr. President, I understand there are two bills at the desk, and I ask for their first reading en bloc. Mr. President, I now ask for a second reading, and I object to my own request, all en bloc.

Susan M. Collins
Sen. Susan M. CollinsR-ME · Aug 7, 2026

Mr. President, I urge my colleagues to pass the continuing resolution in order to prevent a government shutdown. I yield back all time. Vote on H.R. 6500, As Amended

John Barrasso
Sen. John BarrassoR-WY · Aug 7, 2026

The following Senator is necessarily absent: the Senator from Kentucky (Mr. McConnell).

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Aug 7, 2026

I announce that the Senator from Vermont (Mr. Welch) is necessary absent.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Aug 7, 2026

I announce that the Senator from Maine (Mr. King) is necessarily absent.

John Thune
Sen. John ThuneR-SD · Aug 7, 2026

Madam President, I move to proceed to Calendar No. 547, S. 5271.

Show 1 more
Bernie Moreno
Sen. Bernie MorenoR-OH · Aug 7, 2026

Mr. President, I ask for the yeas and nays.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued August 6, 2026

II

Calendar No. 547

119th CONGRESS

2d Session

S. 5271

IN THE SENATE OF THE UNITED STATES

August 5, 2026

Mr. Husted introduced the following bill; which was read the first time

August 6, 2026

Read the second time and placed on the calendar

A BILL

To amend the Help America Vote Act of 2002 to require voters to provide photo identification.

1.

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:

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.

August 6, 2026

Read the second time and placed on the calendar