S. 4155

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4155 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4155

To require voters to provide photo identification as a condition of 
casting a ballot, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 19, 2026

Mr. Husted introduced the following bill; which was read twice and 
referred to the Committee on Rules and Administration

_______________________________________________________________________

A BILL

To require voters to provide photo identification as a condition of 
casting a ballot, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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:

``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 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 on the date of the enactment of this Act, and 
shall apply with respect to elections for Federal office held on or 
after such date.
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