H.R. 4798 — Making American Elections Great Again Act

This section revises census timing and requirements under 13 U.S.C. 141 and modifies apportionment of House seats under 2 U.S.C. 2a(a) to base such apportionment solely on U.S. citizens (excluding noncitizens). Specifically, with respect to 13 U.S.C. 141, the section (1) changes the decennial census timing from the first day of April in 1980 and every 10 years thereafter to the date of enactment of this Act and every 10 years thereafter, with the census date defined as the "decennial census date"; (2) establishes a mid-decade census in the year 5 years after each decennial census year and every 10 years thereafter (previously, every 10 years starting in 1985), with the census date defined as the "mid-decade census date"; (3) requires inclusion of a checkbox or similar option on census questionnaires for respondents to indicate U.S. citizenship status for themselves and household members; and (4) redesignates subsection (g) as (h). With respect to apportionment, the section requires states to redistrict immediately after completion of the first census under revised 13 U.S.C. 141(a) for purposes of electing Representatives in the 120th Congress (beginning in 2027). (Thus, future apportionments of House seats—and related electoral votes—will reflect only the number of citizens in each state.)

This section amends Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.)—which establishes uniform and nondiscriminatory standards for administering federal elections, including provisional voting procedures—by inserting new section 303A to require voters in elections for Federal office to present government photo identification and proof of United States citizenship. Specifically, individuals voting in person must present (1) a single document serving as both, or (2) separate documents for each if names match or name-change evidence (e.g., court order, marriage certificate) is provided; individuals voting other than in person must submit copies of such documents with the ballot. Government photo identification is defined as a valid Federal, State, or Tribal government-issued card with the voter's photograph, full name, and date of birth. Proof of United States citizenship includes nine specified documents (e.g., valid U.S. passport; certified birth certificate issued and filed by the relevant government entity listing full name, date and place of birth, parents' names, filing date, and seal; naturalization certificate). Individuals unable to present required identification may cast a provisional ballot under HAVA section 302(a), but it counts only if verified as a U.S. citizen under section 302(a)(4) per State law. (Thus, notwithstanding any other provision of law, states must enforce these uniform requirements for federal elections.)