S. 5271

119 S5271 PCS: To amend the Help America Vote Act of 2002 to require voters to provide photo identification.
 U.S. Senate
 2026-08-06
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 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