S-4155-119
Read twice and referred to the Committee on Rules and Administration.
Sponsored by Jon Husted (R-OH)
What it does
This bill would amend the Help America Vote Act to require voters in federal elections to show a valid photo ID to vote in person, or submit a copy of one (or the last four digits of their Social Security number plus an affidavit) for mail or absentee ballots. Voters without ID could cast a provisional ballot and later provide ID or, for those with religious objections to being photographed, sign an affidavit; the bill also requires states to provide free public access to photocopying/scanning devices at government buildings to help voters obtain ID copies.
Who benefits
States and election officials seeking uniform national ID standards; ID-manufacturing and verification vendors; voters who already possess qualifying ID, who may see the process framed as more secure; advocates of stricter election integrity measures who argue it increases public confidence in results.
Who is hurt
Voters lacking a driver's license, passport, military ID, or Tribal ID—disproportionately including elderly voters, low-income voters, people with disabilities, students, and some rural and Tribal residents without easy access to ID-issuing offices; voters who vote by mail and must submit ID copies or SSN digits, raising privacy and logistical concerns; state and local election offices that must implement new verification systems, provisional ballot tracking, and public copying access, incurring administrative costs.
Supporters argue
Supporters argue that requiring photo ID protects the integrity of federal elections by making it harder to impersonate another voter or vote fraudulently, and that the bill balances security with access by allowing provisional ballots, religious-objection affidavits, and free public copying access for those without ID. They contend that photo ID is already required for many everyday activities like boarding a plane or purchasing alcohol, and that most Americans already possess a qualifying ID, citing surveys showing broad public support for voter ID requirements.
Opponents argue
Opponents argue that photo ID requirements create a real barrier to voting for millions of eligible voters who lack qualifying ID, particularly elderly, low-income, disabled, and rural or Tribal voters who may lack transportation or documentation to obtain one, even with free copying access. They contend that in-person voter impersonation—the fraud this bill targets—is exceedingly rare according to multiple studies, and that the burdens of compliance, including submitting SSN digits for mail ballots, may deter turnout and raise privacy risks without a corresponding security benefit.
Constitutional context
Congress has authority to regulate the times, places, and manner of federal elections under the Elections Clause (Article I, Section 4), which the Supreme Court affirmed in Arizona v. Inter Tribal Council of Arizona (2013) allows federal preemption of state voter registration and ballot procedures for federal offices; voter ID laws themselves have been upheld against equal protection challenges in Crawford v. Marion County Election Board (2008), which found Indiana's photo ID requirement did not impose an unjustified burden on the right to vote.
Checks and balances
Congress would set a nationwide federal-election ID standard under its Elections Clause power, states would retain implementation authority and could face Election Assistance Commission guidance, and courts would review any burden-on-voting challenges under equal protection and Elections Clause precedent.
Historical precedent
Numerous states have enacted photo ID requirements for voting since the 2000s, and the Supreme Court upheld Indiana's law in Crawford v. Marion County Election Board (2008), though this bill would be the first federal-level photo ID mandate applying uniformly to all federal elections.