Page:United States Statutes at Large Volume 116 Part 3.djvu/120

 116 STAT. 1712 PUBLIC LAW 107-252—OCT. 29, 2002 thereof shall be fined or imprisoned, or both, as described in section 208. ". (D) SPECIAL RULE FOR CERTAIN STATES. —In the case of a State which is permitted to use social security numbers, and provides for the use of social security numbers, on applications for voter registration, in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note), the provisions of this paragraph shall be optional. (b) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL. — (1) IN GENERAL. — Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- 4(c)) and subject to paragraph (3), a State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of paragraph (2) if— (A) the individual registered to vote in a jurisdiction by mail; and (B)(i) the individual has not previously voted in an election for Federal office in the State; or (ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a State that does not have a computerized list that complies with the requirements of subsection (a). (2) REQUIREMENTS. — (A) IN GENERAL. —An individual meets the requirements of this paragraph if the individual— (i) in the case of an individual who votes in person— (I) presents to the appropriate State or local election official a current and valid photo identification; or (II) presents to the appropriate State or local election official a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or (ii) in the case of an individual who votes by mail, submits with the ballot— (I) a copy of a current and valid photo identification; or (II) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. (B) FAIL-SAFE VOTING.— (i) IN PERSON. —An individual who desires to vote in person, but who does not meet the requirements of subparagraph (A)(i), may cast a provisional ballot under section 302(a). (ii) BY MAIL.— An individual who desires to vote by mail but who does not meet the requirements of subparagraph (A)(ii) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) INAPPLICABILITY.— Paragraph (1) shall not apply in the case of a person—

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