S. 5271 · On the floor · Government Operations and Politics

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

Sponsor: Jon Husted (R-OH)

What it does

• Prohibits election officials from providing a ballot for a federal election unless the voter presents valid physical photo identification.
• Requires voters without photo identification to cast a provisional ballot and present identification or a religious objection affidavit within three days for the ballot to be counted.
• Requires voters using absentee or early voting to submit a copy of their photo identification or the last four digits of their Social Security number with an affidavit, with exceptions for overseas military voters and certain disabled or elderly voters.
• Directs states to ensure public access to digital imaging devices for individuals to make free copies of valid photo identification.

Official summary

This bill establishes certain photo identification requirements for voting in federal elections. Specifically, the bill prohibits a state or local election official from providing a ballot for a federal election to an individual who does not present valid physical photo identification. Next, the bill outlines the availability of provisional ballots and the requirements for counting those ballots. An individual who does not present a valid photo identification must be permitted to cast a provisional ballot. However, an election official may not determine that the individual is eligible under state law to vote in the election unless, not later than three days after casting the provisional ballot, the individual presents (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because of a religious objection to being photographed. An election official may not allow for voting methods other than in-person voting unless the individual submits with the ballot (1) a copy of their photo identification, or (2) the last four digits of their Social Security number with an affidavit attesting that the individual is unable to…

Latest action

Aug 8, 2026: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 231.