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

Enumerated powers · raises concerns · severity: significant

The bill relies on Congress's power under Article I, Section 4, Clause 1 to regulate the 'Times, Places and Manner of holding Elections for Senators and Representatives.' However, this power is not unlimited; it must be exercised in a manner consistent with other constitutional provisions, including the Bill of Rights. The Supreme Court has held that Congress may not use its election power to abridge fundamental rights. See Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1 (2013). The bill's photo ID mandate goes beyond regulating the 'manner' of elections and imposes a substantive qualification on voters, which is reserved to the states under Article I, Section 2, Clause 1 and the Seventeenth Amendment. The requirement effectively disenfranchises citizens who cannot obtain photo ID, exceeding Congress's enumerated powers.

Bill of Rights · raises concerns · severity: critical

The bill infringes the First Amendment right to vote, which the Supreme Court has recognized as a fundamental right protected by the First and Fourteenth Amendments. See Burdick v. Takushi, 504 U.S. 428 (1992). The photo ID requirement imposes a severe burden on the right to vote, particularly for minority, low-income, elderly, and disabled voters who are less likely to possess such identification. The bill fails the strict scrutiny test because it is not narrowly tailored to a compelling government interest; less restrictive means exist to prevent voter fraud, such as signature matching or non-photo identification. The religious objection exception is too narrow, violating the Free Exercise Clause by not accommodating other sincerely held beliefs or practical hardships. The requirement to submit a copy of photo ID or last four digits of SSN for absentee voting also implicates the Fourth Amendment's protection against unreasonable searches and seizures, as it compels disclosure of personal information without a warrant or individualized suspicion.

Individual liberty · raises concerns · severity: critical

The bill restricts an individual's sovereign right to vote without a compelling constitutional justification. The government bears the burden to show that the restriction is necessary to achieve a compelling interest, such as preventing voter fraud. However, the evidence of widespread voter impersonation fraud is virtually nonexistent. See Crawford v. Marion County Election Board, 553 U.S. 181 (2008) (plurality opinion noting that the evidence of in-person voter fraud was 'scant'). The bill forces individuals to obtain government-issued photo identification to exercise a fundamental right, which imposes a cost and burden on the individual's liberty. The three-day window to cure a provisional ballot is arbitrary and insufficient, violating the principle that the government must provide a reasonable opportunity to exercise the right to vote. The bill does not adequately account for individuals who cannot obtain photo ID due to disability, poverty, or lack of access to transportation.

Decentralization · raises concerns · severity: critical

The bill fails the decentralization test. (1) An individual cannot handle this requirement on their own if they lack the resources or ability to obtain photo ID. (2) Local communities could handle voter identification requirements without state or federal involvement, as many localities already do. (3) States can handle voter identification requirements without federal involvement, as many states have done with varying approaches. (4) The bill consolidates decision-making at the federal level by imposing a uniform photo ID mandate on all states, overriding state flexibility and experimentation in election administration. This violates the Tenth Amendment, which reserves to the states powers not delegated to the United States. The bill fails all four questions, earning an F on the decentralization scale.

Due process and takings · raises concerns · severity: significant

The bill violates procedural due process under the Fifth Amendment by imposing a three-day deadline to cure a provisional ballot without providing adequate notice or a meaningful opportunity to be heard. Many voters may not learn of the deficiency in time to comply, especially if they are traveling or have limited access to mail or the internet. The bill also violates substantive due process by arbitrarily restricting the right to vote without a rational basis, given the lack of evidence of widespread voter impersonation fraud. The requirement to submit a copy of photo ID or last four digits of SSN for absentee voting constitutes a taking of personal information without just compensation, violating the Takings Clause of the Fifth Amendment. The bill does not provide a hearing or appeal process for voters who are denied the right to vote due to lack of photo ID.