H.R. 9368: Voter ID Act

This bill would require people voting in federal elections to show a valid physical photo ID before receiving a ballot when voting in person. Acceptable IDs would include:

• A state driver’s license with a photo and expiration date
• A state-issued photo ID card with an expiration date
• A U.S. passport
• A military ID
• A tribal government-issued photo ID with an expiration date

If a person does not have the required ID, they could still cast a provisional ballot. However, that ballot would only count if, within 3 days after voting, the person either:

• Shows the required photo ID, or
• Submits an affidavit stating they do not have the ID because of a religious objection to being photographed

The bill would also require voters who cast ballots by mail or otherwise not in person to include either:

• A copy of a valid photo ID, or
• The last four digits of their Social Security number plus an affidavit saying they could not obtain a copy of a valid photo ID after making reasonable efforts

These requirements would not apply to some categories of voters using absentee or remote voting rights, including:

• Absent uniformed services voters
• Certain voters allowed to vote away from a polling place because of disability or age-related accessibility protections

The bill would require state and local governments, to the extent practicable, to make free public access to copying/scanning equipment available in government buildings such as courthouses, libraries, and police stations so people can make copies of photo IDs.

It would also require states to notify voter registration applicants about the photo ID rule when they register, including through online registration systems before the application is completed.

The bill defines which IDs count and directs the Election Assistance Commission to update its voluntary guidance within 90 days after enactment. The main voting-ID rules would also take effect 90 days after enactment.

In addition, the bill creates a grant program to help states and tribal governments provide qualifying photo IDs free of charge to people who say under penalty of perjury that they cannot afford the usual fee. The grants would support state driver’s licenses and state photo ID cards, as well as tribal photo IDs with expiration dates.

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