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

Bill Number: S. 5271
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2026-08-08: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 231.
Last Updated: 2026-08-12T11:17:20Z

AI-Generated Summary

Purpose This legislation amends the Help America Vote Act of 2002 to establish a federal requirement that voters present valid photo identification when casting ballots in elections for federal office.

Key Provisions

In-person voting: Individuals must present a valid physical photo identification to receive a ballot. If identification is not provided, voters may cast a provisional ballot and must submit the required identification or a religious objection affidavit within three days.
Non-in-person voting: Ballots submitted by mail or other means must include a copy of valid photo identification or the last four digits of the individual's Social Security number along with an affidavit stating inability to obtain identification after reasonable efforts.
Exceptions: Provisions do not apply to absent uniformed services voters or certain voters eligible under the Voting Accessibility for the Elderly and Handicapped Act.
Public access: States must ensure free public access to digital imaging devices at government buildings such as libraries and police stations for copying identification documents.
Valid photo identifications: Include state-issued driver's licenses, state identification cards, U.S. passports, military identifications, and tribal government identifications that include a photo and expiration date.
Notification: States must inform individuals of the photo identification requirement at the time of voter registration, including through online registration systems.
Effective date: The requirements take effect one day after enactment and apply to federal elections held on or after that date.

Significant Changes to Existing Law

Adds a new Section 303A to Title III of the Help America Vote Act of 2002, creating mandatory photo identification rules where none previously existed at the federal level.
Updates conforming provisions in sections related to voluntary guidance by the Election Assistance Commission and enforcement mechanisms to incorporate the new section.

Potential Impacts

Government agencies: Requires state and local election officials to update procedures, provide identification notification during registration, and ensure access to copying equipment.
Citizens: Mandates that individuals without qualifying photo identification obtain one or use provisional ballot processes, with specific options for religious objections.
International relations: No direct provisions address international matters.

Main Stakeholders Affected

State and local election officials responsible for ballot issuance and verification.
Individual voters seeking to participate in federal elections.
The Election Assistance Commission for updated guidance.
Absent uniformed services voters and certain elderly or handicapped voters (subject to exceptions).
Tribal governments and military identification issuers for recognition of their documents.

Notable Legal, Constitutional, or Political Implications

Establishes uniform federal standards for identification in federal elections, potentially preempting varying state practices.
Introduces provisional ballot safeguards tied to identification or affidavit submission within a short timeframe.
Requires states to facilitate access to identification copying services at no cost to individuals.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Husted, Jon [R-OH]

Cosponsors (2)

Sen. Moody, Ashley [R-FL], Sen. Sullivan, Dan [R-AK]

Recent Actions

2026-08-08: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 231. (Roll call 231)
2026-08-08: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S4556)
2026-08-08: Motion to proceed to consideration of measure made in Senate. (CR S4556)
2026-08-06: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 547.
2026-08-05: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2026-08-05: Introduced in Senate

Bill Versions

To amend the Help America Vote Act of 2002 to require voters to provide photo identification. — issued 2026-08-06 — PDF (10 pages)