118th CONGRESS 1st Session |
To amend the Help America Vote Act of 2002 to establish requirements for the administration of elections for public office in the District of Columbia, and for other purposes.
July 6, 2023
Mr. Cline introduced the following bill; which was referred to the Committee on House Administration
To amend the Help America Vote Act of 2002 to establish requirements for the administration of elections for public office in the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act”.
SEC. 2. Requirements for elections in District of Columbia.
(a) Requirements described.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the following new subtitle:
“Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia—
“(1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and
“(2) under other enumerated powers granted to Congress.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Voter Identification Act’.
“(b) Requiring provision of identification To receive a ballot or vote.—
“(1) INDIVIDUALS VOTING IN PERSON.—A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3).
“(2) INDIVIDUALS VOTING OTHER THAN IN PERSON.—A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3).
“(3) IDENTIFICATION DESCRIBED.—An identification described in this paragraph is, with respect to an individual, any of the following:
“(A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification.
“(B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal Government.
“(C) Any current and valid photo identification of the individual which is issued by a Tribal Government.
“(D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(E) The last 4 digits of the individual's social security number.
“(4) ENSURING PROOF OF RESIDENCE.—If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which—
“(A) provides the address of the individual’s residence; and
“(B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual.
“(c) Provision of identification without cost to indigent individuals.—If the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost.
“(d) Special rule with respect to sincerely held religious beliefs.—In the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3).
“(e) Designation of District of Columbia agency To provide copies of identification.—The Mayor of the District of Columbia shall designate an agency of the District of Columbia Government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2).
“(f) Inclusion of photos in poll books.—
“(1) METHODS FOR OBTAINING PHOTOS.—
“(A) PROVISION OF PHOTOS BY OFFICES OF DISTRICT OF COLUMBIA GOVERNMENT.—If any office of the District of Columbia Government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia.
“(B) TAKING OF PHOTOS AT POLLING PLACE.—If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia.
“(C) COPIES OF PHOTOS PROVIDED BY INDIVIDUALS NOT VOTING IN PERSON.—The election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia.
“(2) INCLUSION IN POLL BOOKS.—The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals.
“(3) PROTECTION OF PRIVACY OF VOTERS.—The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose.
“(g) Exceptions.—This section does not apply with respect to any individual who is—
“(1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.);
“(2) 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)); or
“(3) entitled to vote otherwise than in person under any other Federal law.
“(h) Definitions.—For the purposes of this section, the following definitions apply:
“(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(2) TRIBAL GOVERNMENT.—The term ‘Tribal Government’ means the recognized governing body of an Indian Tribe.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Voter List Maintenance Act’.
“(b) Annual list maintenance.—
“(A) IN GENERAL.—The District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) and pursuant to the procedures described in subparagraph (B).
“(B) REMOVAL FROM VOTER ROLLS.—In the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if—
“(i) the registrant fails to respond to such notice; and
“(ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held.
“(2) TIMING.—In the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election.
“(c) Prohibiting same-Day registration.—The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Election Fraud Prevention Act’.
“(b) In general.—The District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows:
“(1) An election official while engaged in official duties as authorized by law.
“(2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law.
“(3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law.
“(4) A family member, household member, or caregiver of the person to whom the ballot was mailed.
“(c) Definitions.—For purposes of this section, with respect to a person to whom the ballot was mailed:
“(1) The term ‘caregiver’ means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.
“(2) The term ‘family member’ means an individual who is related to such person by blood, marriage, adoption or legal guardianship.
“(3) The term ‘household member’ means an individual who resides at the same residence as such person.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act’.
“(b) Time for processing ballots and reporting results.—The District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 10:00 am on the date following the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election.
“(c) Requirement To publish number of voted ballots on election day.—The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time—
“(1) the number of voted ballots delivered by mail;
“(2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.); and
“(3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot.
“(d) Requirements To ensure bipartisan election administration activity.—With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Citizen Voter Act’.
“(b) Ban on noncitizen voting.—No individual may vote in a District of Columbia election unless the individual is a citizen of the United States.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Provisional Ballot Reform Act’.
“(b) In general.—Except as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if—
“(1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or
“(2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election.
“(c) Requirements with respect to counting provisional ballots in certain cases.—If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act’.
“(b) Requirement for post-Election audits.—Not later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia.
“SEC. 329. Public observation of election procedures.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act’.
“(b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives.—
“(1) AUTHORITY TO OBSERVE PROCEDURES.—An individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election.
“(2) AUTHORITY AND PROCEDURES DESCRIBED.—The authority of an individual to observe election procedures pursuant to this subsection is as follows:
“(A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot.
“(B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2).
“(C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount.
“(3) PROVISION OF CREDENTIALS.—The chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures.
“(4) EXCEPTION FOR CANDIDATES AND LAW ENFORCEMENT OFFICERS.—An individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer.
“(1) PETITION FOR OBSERVER CREDENTIALS.—In addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b).
“(2) AUTHORITY DESCRIBED.—If the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election.
“(3) EXCEPTION FOR CANDIDATES AND LAW ENFORCEMENT OFFICERS.—The chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2).
“(d) Authority of members of public To observe testing of equipment.—In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election.
“(e) Prohibiting limits on ability To view procedures.—An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out.
“(f) Prohibition against certain restrictions.—An election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out.
“SEC. 330. Requirements for voting by mail-in ballot.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Mail Balloting Reform Act’.
“(b) Prohibiting transmission of unsolicited ballots.—The District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot.
“(1) INCLUSION OF CERTIFICATE WITH BALLOT.—The District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted.
“(2) REQUIRING VERIFICATION FOR BALLOT TO BE COUNTED.—Except as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless—
“(A) the individual for whom the ballot was transmitted—
“(i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and
“(ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and
“(B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters.
“(d) Notice and opportunity To cure.—
“(1) NOTICE AND OPPORTUNITY TO CURE DISCREPANCY IN SIGNATURES.—If an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall—
“(A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that—
“(i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and
“(ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and
“(B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods.
“(2) NOTICE AND OPPORTUNITY TO CURE MISSING SIGNATURE OR OTHER DEFECT.—If an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall—
“(A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that—
“(i) the ballot or certificate of transmission did not include a signature or has some other defect; and
“(ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and
“(B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect.
This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e).
“(e) Deadline for acceptance.—
“(1) DEADLINE.—Except as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day.
“(2) EXCEPTION FOR ABSENT MILITARY AND OVERSEAS VOTERS.—Paragraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
“(3) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1).
“SEC. 331. Requirements with respect to use of drop boxes.
“(a) Short title.—This section may be cited as the ‘American Confidence in Elections: District of Columbia Ballot Security Act’.
“(b) Requirements.—With respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless—
“(1) any such drop box is located inside a District of Columbia Government building or facility;
“(2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and
“(3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election.
“SEC. 332. Special rule with respect to application of requirements to Federal elections.
“With respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply.
“SEC. 333. District of Columbia election defined.
“In this subtitle, the term ‘District of Columbia election’ means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.”.
(b) Conforming amendment relating to enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking the period at the end and inserting the following: “, and the requirements of subtitle C with respect to the District of Columbia.”.
(c) Clerical amendment.—The table of contents of such Act is amended by adding at the end of the items relating to title III the following:
“Sec. 321. Statement of Congressional authority; findings.
“Sec. 322. Requirements for photo identification.
“Sec. 323. Requirements for voter registration.
“Sec. 324. Ban on collection and transmission of ballots by certain third parties.
“Sec. 325. Timely processing and reporting of results.
“Sec. 326. Ban on noncitizen voting.
“Sec. 327. Requirements with respect to provisional ballots.
“Sec. 328. Mandatory post-election audits.
“Sec. 329. Public observation of election procedures.
“Sec. 330. Requirements for voting by mail-in ballot.
“Sec. 331. Requirements with respect to use of drop boxes.
“Sec. 332. Special rule with respect to application of requirements to Federal elections.
“Sec. 333. District of Columbia election defined.
The amendments made by this Act shall apply with respect to District of Columbia elections held on or after January 1, 2024. For purposes of this section, the term “District of Columbia election” has the meaning given such term in section 333 of the Help America Vote Act of 2002, as added by section 2(a).