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Voter identification laws in the United States

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A voter ID law is a law that requires some form of identification in order to vote or receive a ballot for an election.

In the United States, voter ID laws are in place in thirty-three[1] states.[2] At the federal level, the 2002 Help America Vote Act requires a voter ID for all new voters in federal elections who registered by mail and who did not provide a driver's license number or the last four digits of a Social Security number that was matched against government records.[3]

Voter ID laws first generated controversy in 1999 when Virginia attempted to implement a photo ID requirement. Proponents argue that the laws are a commonsense effort to ensure election integrity and place little burden on voters. Opponents argue that photo ID requirements discriminate against groups that are statistically less likely to possess photo IDs.

Push for photo ID requirements

Twelve states now require voters to show some form of photo identification (see table below), with approximately thirteen other states pursuing similar legislation. All these states were Republican dominated from 2010-2016. The laws were introduced by the Republican members of ALEC and signed by Republican governors. [4]Some of the states that were pursuing new photo identification requirements were legally bound to apply for Federal Preclearance prior to enacting any new election laws. Federal Preclearance stems from the Voting Rights Act of 1965. However, in the 2013 case Shelby County v. Holder, the United States Supreme Court struck down Section 4(b) of the Act, which contains the formula determining which states are required to seek preclearance, as unconstitutional based on current conditions, saying it was rational and needed at the time it was enacted but is no longer an accurate formula, based on the changing demographics of the country. In effect, federal preclearance is no longer a requirement until its formula can be deemed as constitutional, and states that had passed photo identification requirements but had not received federal preclearance were allowed to immediately take effect.[5]

History

Voter ID Laws go back to 1950 when South Carolina became the first state to start requesting identification from voters at the polls. The identification document did not have to include a picture; any document with the name of the voter sufficed. In 1970, Hawaii joined in requiring ID, and Texas a year later. Florida was next in 1977, and Alaska in 1980 to become the first five states in the United States to request identification of some sort from voters at the polls.[6]

In 1999, Virginia Governor Jim Gilmore (R) attempted to start a pilot program that required voters to show IDs at the polls. His initiative was blocked by Democrats and the NAACP, and was stopped by court order. His administration had spent and mailed $275,000 worth of free voter ID cards to residents in Arlington and Fairfax counties.[7][8][9] In the aftermath of the 2000 election, where George W. Bush narrowly won Florida by 537 votes, the American public and lawmakers became more receptive to measures against voter fraud. In 2002, President Bush signed the Help America Vote Act into law, which required all first-time voters in federal elections to show photo or non-photo ID upon either registration or arrival at the polling place.[10]

In 2004, Arizona passed a law requiring voters to bring a state-issued photo ID to the polling place. Similar proposals were discussed in various other states and were passed in some cases. In several states a person's citizenship status is noted on their photo ID.[11][12]

Indiana passed a law in 2005 requiring a photo ID be shown by all voters before casting ballots.[13] Civil rights groups in Indiana launched a lawsuit, Crawford v. Marion County Election Board, that reached the Supreme Court in 2008. The Court ruled that the law was constitutional, paving the way for expanded laws in other states.[14][15]

In 2011, Wisconsin Governor Scott Walker (R) (WI Act 23) and Ohio Governor John Kasich (R) enacted similar laws. Texas Governor Rick Perry placed a voter ID bill as an "emergency item" in 2011, allowing legislators to rush it through the process.[16] Jurisdiction over Texas election procedure had been given to the Department of Justice, which was required to pre-clear the law for approval. The Texas law recognized government issued photo identification and weapons permits but not college IDs, raising the criticism that the law was unfavorable to young voters, who trend liberal, while favorable to gun owners, who trend conservative.[17] Rhode Island passed a voter ID law in 2011, and it is the only state with a Democratic-controlled legislature to do so.[18] In South Carolina, Gov. Nikki Haley (R) enacted a law requiring government-issued IDs at the polls, which included provisions for the issuance of free IDs; Haley made a one-time offer to arrange for voter ID applicants to be driven to issuing locations.[19] The ID requirement was blocked by the Justice Department.[20] Wisconsin's Voter ID law provided free IDs to people who did not have them. In practice, state employees at the DMV were instructed to provide the IDs for free only if people specifically asked to have their fee waived.[citation needed] The requirement to show photo ID had been declared in violation of the Wisconsin Constitution and blocked by state and federal judges, then those decisions were overturned by the Wisconsin Supreme Court and later the 7th Circuit Court of Appeals.[citation needed] Weeks later, the U.S. Supreme Court again blocked the law for 2014.[citation needed] On March 23, 2015, the U.S. Supreme Court rejected an appeal by the ACLU, effectively upholding the 7th Circuit's decision Wisconsin's voter ID law is constitutional.[21]

Pennsylvania's voter ID law allowed various forms of photo identification cards, including those held by drivers, government employees, in-state college students, and residents of elder-care facilities. Voters who do not possess these forms of identification can obtain voting-only photo IDs issued by the Pennsylvania Department of State through the Pennsylvania Department of Transportation (PennDOT).[22] A judicial order on October 2, 2012 blocked enforcement of Pennsylvania's law until after the 2012 Presidential election. Following a trial in the summer of 2013 and a six-month delay, Commonwealth Court Judge Bernard L. McGinley struck down Pennsylvania's voter ID law as violative of the constitutional rights of state voters on January 17, 2014. Required IDs were only available through 71 PennDOT Drivers Licensing Centers across the state. Five of the 71 DLCs are located in Philadelphia, nine counties have no DLCs at all, and DLCs are open only one day per week in nine counties and two days per week in thirteen counties. The Pennsylvania Department of State provided too little access, no financial support to providing IDs to those without access, and no alternatives to obtaining the required IDs. Judge McGinley found that this leaves about half of Pennsylvania without DLCs for five days a week, imposing a significant barrier to obtaining Pennsylvania's "free ID".[23] Photo IDs are not required to vote in PA.[24]

Voters in Minnesota rejected a voter ID proposal on the 2012 general election ballot by a margin of 54-46%.[25] It is the only such ballot defeat for a voter ID law in the country.

State-by-state requirements

The National Conference of State Legislatures (NCSL) provides a web page with ID requirements for voting in each state.[26]

  Strict photo ID (9 states)
  Photo ID (non-strict) (9 states)
  Strict non-photo ID required (4 states)
  Non-photo ID required (non strict) (11 states)
  No ID required to vote at ballot box (17 states)

The NCSL website describes strict states as follows:

In the "strict" states, a voter cannot cast a valid ballot without first presenting ID. Voters who are unable to show ID at the polls are given a provisional ballot. Those provisional ballots are kept separate from the regular ballots. If the voter returns to election officials within a short period of time after the election (generally a few days) and presents acceptable ID, the provisional ballot is counted. If the voter does not come back to show ID, that provisional ballot is never counted.[26]

In states with non-strict voter ID laws, other methods of validation are allowed; this varies by state. Possible alternatives are: signing an affidavit, having a poll worker vouch for voter, having election officials verify a voter's identity after the vote is cast, or having the voter return an inquiry mailed to their reported address. In states with strict ID laws, the voter is required to take additional action after the provisional ballot is cast to verify ID.

The NCSL places state-level voter ID laws in one of the following categories:

Strict photo ID in effect: Georgia, Indiana, Kansas, Mississippi, Tennessee, Texas, Virginia, and Wisconsin. In addition, North Carolina has strict photo ID laws that are not yet in effect.

Non-strict photo ID in effect: Alabama, Florida, Hawaii, Idaho, Louisiana, Michigan, New Hampshire, Rhode Island, and South Dakota.

Strict non-photo ID in effect: Arizona, North Dakota, Ohio and South Carolina.

Non-photo ID in effect: Alaska, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Missouri, Montana, Oklahoma, Utah, and Washington.

No ID required at polling place: California, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, West Virginia, Wyoming, and Washington, D.C. do not require ID to vote.

Studies and analysis

A 2005 report by Former President Jimmy Carter and Former Secretary of State James Baker concluded that concerns of both those who support and oppose strengthened voter ID laws were legitimate. It recommended voter ID requirements be enacted, to be slowly phased in over a period of five years, and accompanied by the issuance of free ID cards provided by mobile ID vans that would visit traditionally underserved communities.[27] In 2007, a report prepared by the staff of the federal Election Assistance Commission also concluded that "there is a great deal of debate on the pervasiveness of fraud."[28]

Fraud prevention

Proponents of voter ID laws cite the registration of dead and out-of-state voters as a major vulnerability in the electoral system. A 2012 report by the Pew Center showed that over 1.8 million dead people remain registered to vote nationwide. The same report found 3 million voters registered in multiple states, presumably due to changes of residency.[29] David Becker, the director of Election Initiatives for Pew, said this study's results pointed to the need to improve the registration rather than to evidence of voter fraud or suppression.[30] Proponents of voter ID laws fear that motivated individuals could exploit registration irregularities to impersonate dead voters or impersonate former state residents, casting multiple fraudulent ballots. Critics of such laws note that they only prevent one kind of fraud, namely voter impersonation, and that this form of fraud is illogical as the risks (a fine of up to $10,000 and/or 5 years in prison) far outweigh the benefits (casting one extra vote for the voter's desired candidate).[31] They also say that the scale of impersonation fraud has been greatly exaggerated for political reasons.[32]

Several instances of alleged voter fraud have surfaced across the nation. In 2013, state election officials in North Carolina found at least 81 dead voters and 765 voters who appear to have cast ballots in multiple states.[33] Multi-state voters were matched based on first names, last names, dates of birth, and the final four digits of their Social Security numbers.[34] This analysis was based on the Interstate Crosscheck program originally developed in Kansas, which has, in the past, produced estimates of possible voter fraud that later drop dramatically in terms of cases actually referred for prosecution.[35] In 2013, 92 dead voters were identified in Oregon.[36] Of the 6,000 dead people registered to vote in Nassau County, NY in 2013, 270 of them had cast ballots at some point since their deaths, though county officials blamed many of the fraudulent votes on clerical errors.[37]

Historical examples include the 1997 Miami absentee ballot fraud, which tainted the city's mayoral election and produced more than 36 arrests.[38] In the 1948 Senatorial Election, supporters of Lyndon Johnson conspired to cast 200 illegal votes in two precincts in the town of Alice, Texas. One witness reported that the last 200 people listed as voting in precinct 13 voted in alphabetical order, though voter roles were lost prior to court examination.[39] The infamous Tammany Hall political machine in 19th century New York City engaged in large-scale voter fraud, including paying for votes, intimidation, deliberate miscounts, and voter impersonation.

Some instances of voter fraud may, however, be overstated. A 2012 investigation of 207 alleged dead voters in South Carolina found only 5 instances unexplained by clerical errors. For instance, sometimes a son with the same name as his dead father was accidentally recorded as voting under the father's name.[40] A study of dead voters in the 2006 Georgia midterm election concluded that only 15 of the 66 alleged instances of dead voting were potentially fraudulent. All but four of the dead votes were cast absentee, and most of the absentee voters in question cast early ballots but died before the election, giving the impression of voter fraud.[41]

A 2007 report by the Brennan Center for Justice concluded that voter impersonation was rarer than being struck by lightning. The author of this report, Justin Levitt, later reported in 2014 that he had identified only 31 credible instances of voter impersonation since 2000 out of a billion ballots cast.[42] Also in 2007, Lorraine Minnite released a report for Project Vote concluding that voter fraud is "extremely rare" in the United States.[43] A 2012 analysis by student investigative journalism project News21 found only 10 cases of alleged voter impersonation in the U.S. since 2000.[44] In 2014, a survey was published concluding that there was no evidence of widespread voter impersonation in the 2012 U.S. general election.[45]

However, other instances of voter fraud may be understated as state governments often lack the information necessary to compare voting records between states. For example, many states do not collect the last four digits of a voter's SSN, preventing detection of individuals who vote in multiple states or individuals who vote under the names of former state residents.[34] Writing in 2009, Harvard political scientist Stephen Ansolabehere notes that despite the common belief "that fraud occurs at least somewhat often in elections... social scientists have been unable to develop unambiguous measures of the incidence of fraud, and legal cases find very little hard evidence on the matter."[46]

Concerns have also arisen over voting by foreign nationals. A 2014 study by Old Dominion University professors Jesse Richman and David Earnest, using data developed by the Cooperative Congressional Election Study, showed that more than 14 percent of self-identified non-citizens in 2008 and 2010 indicated that they were registered to vote, approximately 6.4% of surveyed non-citizens voted in 2008, and 2.2% of surveyed non-citizens voted in 2010.[47][48] However, this study has been criticized by academic Michael Tesler, who raised concerns about its methodology, such as the possibility of a high rate of response error with respect to citizenship status.[49] The study has also been misused by voter-ID proponents, despite the fact that it concluded that voter ID requirements were ineffective at reducing non-citizen voting.[50]

Support for voter ID laws correlates with perceived prevalence of voter fraud.[51] Although absentee ballot fraud is more common than voter impersonation, only 6 of the 31 states with voter ID laws also impose similar requirements on people who mail in absentee ballots.[52]

Perception of electoral systems

Other commentators, such as Lorraine Minnite of Demos believe voter ID laws are worthwhile regardless of proven voter fraud because a "low level of voter fraud... does not preclude the need for continued vigilance to ensure the integrity of election systems."[53] In 2005, American University’s Commission on Federal Election Reform, co-chaired by former President Jimmy Carter and former Secretary of State James Baker, wrote:

The electoral system cannot inspire public confidence if no safeguards exist to deter or detect fraud or to confirm the identity of voters. Photo IDs currently are needed to board a plane, enter federal buildings, and cash a check. Voting is equally important.

— The Commission on Federal Election Reform[54]

The Commission concluded that, although proven voter impersonation is minimal, a photo ID requirement will ensure election integrity and safeguard public perception of the nation's voting system at little cost to anyone.[55]

Among certain demographics, however, voter ID laws lower electoral confidence. A 2016 study concluded that Democrats in states with strict ID laws have reduced faith in the electoral system, though negative politicization by the Democratic party may be to blame.[56] Republicans living in strict photo identification states were on the other hand more confident in their elections, though possibly due to similar politicization by Republican elites.[56]

Turnout

Although most Americans possess a government-issued photo ID, those without ID may have trouble acquiring the proper credentials, lowering turnout. A 2011 study by New York University's Brennan Center claimed that of the US population that is of voting age, 6-11% lack government-issued photo ID.[57] The Heritage Foundation, a conservative think tank, disputed the methodology of the study, citing a question in which 14 percent of respondents said they had both a U.S. birth certificate and naturalization papers.[58]

Some commentators argue that strict voter ID laws reduce voter turnout, especially among poor voters, black voters, elderly voters, disabled voters, minority-language voters, and voters who have changed their names.[59] For example, a 2012 study concluded that a stricter voter ID law in Georgia lowered turnout by about 0.4% in 2008 compared to 2004.[60] Several other studies, however, have failed to demonstrate significant turnout reductions.[46][61][62][63] In a 2014 review by the Government Accountability Office of the academic literature, five studies out of ten found that voter ID laws had no significant impact on overall turnout, four studies found that voter ID laws decreased overall turnout and one study found that the laws increased overall turnout.[64]

A 2016 study argues that, although no clear-cut relationship exists between strict voter ID laws and voter turnout, the disenfranchising impact of voter ID laws may be hidden by Democratic voter mobilization. Strong negative reactions to voter ID laws among Democratic constituencies could, in theory, boost Democratic turnout enough to compensate for the laws themselves.[65] A 2007 report found a small increase in Democratic turnout in places with new voter ID laws.[66]

Disparate Impact

Charges of racial discrimination in voter ID laws are founded in the disparate impact doctrine of constitutional law, which claims that any action - intentional or unintentional - that statistically disadvantages a protected class constitutes discrimination. Disparate impact is most often discussed in the context of African-Americans. However, the moral validity and constitutionality of this doctrine are hotly debated.[67]

In 2011, the civil rights group The Advancement Project reported that voter ID laws disproportionately impact African-Americans and Latinos.[68] According to another report, commissioned by the Election Assistance Commission, one effect of voter identification laws could be lower turnout, especially among members of minorities.[28] However, in 2012, an investigation by Reuters found that voter ID laws in Georgia and Indiana had not led to lower turnout of minorities and concluded that concerns about this "are probably overstated".[69] In a 2014 review by the Government Accountability Office of the academic literature, three studies out of five found that voter ID laws reduced minority turnout whereas two studies found no significant impact.[64]

A 2014 study by the Government Accountability Office concluded that voter ID laws in Kansas and Tennessee reduced turnout in these states by 1.9 and 2.2 percent, respectively, compared to four states that did not pass voter ID laws- Alabama, Arkansas, Delaware, and Maine. The report claims that young people, black people, and newly registered voters were most likely to see reductions in turnout. However, Tennessee officials blamed the reduced turnout on a lack of compelling ballot measures in 2012, and Kansas officials dismissed the drop in black voters as a product of high random variance in a small population. Tennessee officials further questioned the reproducibility of this report, given its reliance on data from the progressive political group Catalist.[70]

Other studies have failed to find any statistically significant decrease in voter turnout. A 2014 study from the University of Iowa found no evidence that strict voter ID laws reduce minority turnout,[71] and a 2012 study found that, although the Georgia voter ID laws lowered overall turnout 0.4%, there was no racial or ethnic component to the suppression effect.[60]

Disparate impact may also be reflected in access to information about voter ID laws. A 2015 experimental study found that election officials queried about voter ID laws are more likely to respond to emails from a non-Latino white name (70.5% response rate) than a Latino name (64.8% response rate), though response accuracy was similar across groups.[72]

Studies have also analyzed racial differences in ID requests rates. A 2012 study in the city of Boston found that black and Hispanic voters were more likely to be asked for ID during the 2008 election. According to exit polls, 23% of whites, 33% of blacks, and 38% of Hispanics were asked for ID, though this effect is partially attributed to black and Hispanics preferring non-peak voting hours when election officials inspected a greater portion of IDs. Precinct differences also confound the data as black and Hispanic voters tended to vote at black and Hispanic-majority precincts.[73] A 2010 study of the 2006 midterm election in New Mexico found that Hispanics were more likely to incur ID requests while early voters, women, and non-Hispanics were less likely to incur requests.[74] A 2009 study of the 2006 midterm election nationwide found that 47% of white voters reported being asked to show photo identification at the polls, compared with 54% of Hispanics and 55% of African Americans."[46] Very few were however denied the vote as a result of voter identification requests.[46] A 2015 study found that turnout among blacks in Georgia was generally higher since the state began enforcing its strict voter ID law.[75]

A 2016 study by University of California, San Diego researchers found that voter ID laws "have a differentially negative impact on the turnout of Hispanics, Blacks, and mixed-race Americans in primaries and general elections."[76]

International comparisons

Most nations require some form of voter identification at the polling place, but specific details of the requirement vary widely. In Spain, Greece, France, Belgium, and Italy, a government-issued photo ID is absolutely required to cast a ballot, however, all citizens in these nations are automatically provided with a photo ID upon reaching adulthood.[77] In Ireland, Sweden, and Switzerland, poll workers reserve the right to request identification, but aren’t required to.[77] In Canada, identification is required, but voters can provide any two forms of ID from a list of 45 possibilities. Canada’s system is more stringent than the 17 states that don’t require ID but less stringent than the 22 states with strict requirements. The strict Indiana ID system, for instance, accepts only five forms of ID: a driver’s license, an Indiana ID card, a military ID, a US passport, or a student ID card.[77]

Several developing nations have also instituted voter ID laws. Many Arab nations require voters to leave a fingerprint upon casting a ballot, allowing quick detection of fraud.[78] In 2012, the head of Libya’s national election commission expressed surprise that the American system “depends so much on trust and the good faith of election officials and voters alike”.[78] Likewise, India requires one of fifteen forms of identification to vote, and Senegal gives each voter a single marble to cast, ensuring no one can vote multiple times.[78]

Public opinion polls have shown strong support for voter ID laws amongst voters in the United States. A 2011 Rasmussen poll found that 75% of likely voters “believe voters should be required to show photo identification, such as a driver’s license, before being allowed to vote.”[79]

Although championed primarily by Republicans, support for voter ID laws cuts across party lines. A 2012 poll by the Pew Center asked "Should voters be required to show official photo ID before voting on election day?" 77% of all respondents answered 'yes', including 95% of Republicans, 83% of independent voters, and 61% of Democrats.[80] A 2012 Fox News poll produced similar results, revealing that 87% of Republicans, 74% of independent voters, and 52% of Democrats supported new voter ID laws.[81]

Several states controlled by Democrats maintain voter ID laws. For instance, Hawaii has required a state-issued photo ID for decades with little controversy.[82] In 2011, the Rhode Island legislature enacted a photo ID requirement, which was signed by governor Lincoln Chafee, making Rhode Island the most recent state controlled by Democrats to pass such legislation.[83] However, both Hawaii and Rhode Island are "non-strict photo ID states", meaning that in some circumstances an affidavit or other legal measure can satisfy the ID requirement.[26]

Although all major political demographics support voter ID laws, a 2013 study showed significant divergence in opinion between conservative-affiliated demographics, which are staunch supporters, and liberal-affiliated demographics, which are less supportive.[51] The study also showed that support depends on survey framing: when questions biased against voter ID laws are asked, support drops 15% compared to when questions favorable to voter ID laws are asked.[51] A 2016 study showed that emphasizing the adverse effects of voter ID laws on eligible voters decreased popular support for such laws.[84] Another 2016 study found that white people with high levels of implicit racism, but not explicit racism, were more supportive of voter ID laws when they were exposed to a fear-eliciting condition.[85] A 2016 study found that partisan affiliation is a major determinant of support for voter ID laws, and that Republicans are especially likely to be concerned about fraud.[86]

Heavy politicization

A study released in 2014 by the Congressional Research Service concluded that, in the absence of systematic risk analyses, it is difficult to determine what points in the election process — voter registration, voting systems, polling place location and hours, pollworker training, voter identification, vote tabulation, or other steps — actually involve the greatest potential risks to election integrity and therefore warrant the greatest attention.[87] Another 2014 study argued that careful voter roll maintenance is probably a more effective method for preventing voter fraud than voter ID laws.[39]

A 2015 study found that local coverage of voter fraud during the 2012 elections was greatest in presidential swing states and states that passed strict vote ID laws prior to the 2012 election. There was no evidence that the attention was related to the actual rate of voter fraud in each state though. Based on this data, the authors concluded that "parties and campaigns sought to place voter fraud on the political agenda in strategically important states to motivate their voting base ahead of the election".[88] Another 2015 study found a similar correlation between the enactment of voter ID laws and a state's electoral competitiveness, suggesting electioneering motives.[89] A 2016 study found polarization over voter ID laws is less stark in state legislatures where electoral competition is not intense.[90]

The same 2016 study found a notable relationship between the racial composition of a member’s district, region, and electoral competition and the likelihood that a state lawmaker supports a voter ID bill.[90] The study found that "Democratic lawmakers representing substantial black district populations are more opposed to restrictive voter ID laws, whereas Republican legislators with substantial black district populations are more supportive."[90] Southern lawmakers (particularly Democrats) are more opposed to restrictive voter ID legislation.[90] Black legislators in the South are the least supportive of restrictive voter ID bills.[90]

Laws by state

State Original Date Enacted Type of Law Key Dates and Notes
Alabama 2003 Photo ID Law tightened in 2011 to require photo ID as of 2014[91][92] But still has not obtained federal preclearance[93] In 2013, Attorney General Strange believes that the Photo ID law can now be implemented in 2014 due to the Supreme Court case of Shelby County v. Holder.[94] The state of Alabama issues free voter ID cards to voters who need them.[95]
Alaska Photo ID A bill to implement Photo ID law drafted by Rep. Bob Lynn was read the first time and referred to the State Affairs and Judiciary Committees on January 7, 2013.[96][97]
Arizona 2004 Non Photo ID Non-photographic forms of ID are accepted at polling places as of 2013[98]
Arkansas 2013 Photo ID Photo ID bill passed by lawmakers in 2013, and survived a veto by the Governor to become Act 595 of 2013. On May 2, 2014, Pulaski County Circuit Judge Tim Fox ruled Act 595 unconstitutional, but stayed his ruling pending an appeal.[99] The week before early voting began for the 2014 midterm elections, the Arkansas Supreme Court affirmed Judge Fox's decision declaring Arkansas Act 595 of 2013 to be unconstitutional on its face.[100]
California In most cases, California voters are not required to show identification before they cast ballots.[101]
Colorado 2003 Non-Strict, Non-Photo ID Non-photographic forms of ID allowed at polling places as of 2013.[102]
Connecticut Non Photo ID Non-photographic forms of ID allowed at polling places.[103]
Delaware Non Photo ID Non-photographic forms of ID allowed at polling places as of 2013.[104]
Florida 1977 Photo ID Photo ID required when voting in person.[105]
Georgia 1977 Strict Photo ID Existing law tightened in 2005 to require a photo ID; In 2006, passed a law providing for the issuance of voter ID cards at no cost to registered voters who do not have a driver's license or state-issued ID card. Photo ID was required to vote in the 2012 elections.[106]
Hawaii 1978 Non-Strict Photo ID Photo ID required when voting in person.[82][107]
Idaho 2010 Non-Strict Photo ID Voters may sign a Personal Identification Affidavit if they do not possess a Photo ID at the polls.[108]
Illinois Republican Senators authoring a bill for Photo ID.[109]
Indiana 2005 Strict Photo ID Photo ID required when voting in person, enacted in 2008 after Supreme Court clearance.[110]
Iowa Photo ID Iowa Senate did not pass a Photo ID bill.[111]
Kansas 2011 Strict Photo ID Photo ID required for in person voting, registration requires proof of citizenship, i.e., passport, birth certificate.[112]
Kentucky A citizen may vote if they have Photo ID, or if a precinct officer can vouch for the voter.[113]
Louisiana Non Photo ID Voters may use non-photographic identification at the polling place.[114]
Maine Photo ID No ID needed at polling place if registered to vote at least one day prior to election.[115]
Maryland 2013 Photo ID Republicans sponsored a House Bill requiring Photo ID in 2013.[116]
Massachusetts Non Photo ID Non-photographic ID is accepted at polling stations.[117]
Michigan Passed in 1996, but ruled invalid until a State Supreme Court ruling in 2007. Voters are requested to show photo ID or sign a statement saying they do not have valid ID in their possession at the time. Either way, the voter will not be turned away.[118]
Minnesota Non Photo ID Non-photographic ID is accepted at polling stations.[119]
Mississippi 2011 Strict Photo ID Governor signed Photo ID bill into law in 2012. The bill will now be required to go through Pre-Clearance check from the federal government.[120] Voting Rights Act Ruling in 2013 clears the way for Mississippi to enact new Photo ID requirement in 2014.[121]
Missouri 2002 Non-Strict, Non-Photo ID In 2006, the existing law was tightened to require photo ID. In 2006, State Supreme Court blocks law. In 2013, State House passes Voter ID law, needs to be approved by State Senate, and voters in November 2014 elections.[122]
Montana 2003 Non-Strict, Non-Photo ID Montana Voter ID Bill killed in 2013.[123]
Nebraska Photo ID Lawmakers are revisiting a Photo ID bill in 2013.[124]
Nevada Photo ID Secretary of State sponsors a bill for Photo ID in 2012.[125]
New Hampshire 2015 Photo ID Voters may sign an affidavit and have their photograph taken in lieu of showing a photo ID. (Voters who object to having their photo taken for religious reasons may sign an additional religious affidavit in lieu of the photograph.)
New Jersey Non Photo ID Non-photographic forms of ID are accepted at the polls.[126]
New Mexico 2008 Law Repealed In 2008, the existing voter ID law was relaxed, and now allows a voter to satisfy the ID requirement by stating his/her name, address as registered, and year of birth.[citation needed]
New York Non Photo ID Non-photographic ID accepted at polling stations[127]
North Carolina 2013 Strict Photo ID (2016) In 2013, the state House passed a bill that requires voters to show a photo ID issued by North Carolina, a passport, or a military identification card when they go to the polls by 2016. Out of state drivers licenses are accepted only if the voter registered within 90 days of the election, and university photo identification is never acceptable.[128]
North Dakota 2003 Strict Non-Photo ID ND Senate passes bill that would require Photo identification OR a person with Photo ID to vouch for a voter without ID. 2003 law amended in 2013, and moved to a strict non-photo requirement.[129]
Oklahoma 2009 Non-Strict, Non-Photo ID Oklahoma voters approved a voter Photo ID proposal placed on the ballot by the Legislature in 2010. The only non-photo form of ID accepted at the polls is the voter's registration card.[130]
Ohio 2006 Strict Non-Photo ID Non-photographic forms of ID are accepted at polling stations.[131] With strong Republican majorities in Ohio House and Senate, the Photo ID bill is expected to be revisited.[132]
Oregon Mail Ballots Only Oregon has no polling stations, and ballots are mailed in. Non-photographic forms of ID are accepted for voting registration. Information required on voting ballots, such as the last 4 digits of ones Social Security Number or Drivers License Number, could not be referenced.[133]
Pennsylvania Photo ID Law struck down by Commonwealth Court Judge Bernard L. McGinley on January 17, 2014 as "violative of the constitutional rights of state voters" after first full evidentiary trial since Shelby v Holder. The law was found, by preponderance of evidence, to place undue burden on hundreds of thousands of already registered voters due to a lack of infrastructure and state support for obtaining required IDs.[23][134]
Rhode Island 2014 Non-Strict Photo ID RI requires Photo ID at the polls in 2014.[135]
South Carolina 1988 Non-Strict Photo ID Law tightened in 2011.[91] U.S. Justice Department rejected South Carolina's law as placing an undue burden disproportionately on minority voters.[20] On October 10, 2012, the U.S. District Court upheld South Carolina's Voter ID law, though the law won't take effect till 2013.[136][137] As of January 2016, a photo ID is requested, but a voter registration card will be accepted if there is a "reasonable impediment" in possessing a photo ID.[138]
South Dakota 2003 Non-Strict Photo ID If a voter does not possess a photo ID at the polling place, then the voter may complete an affidavit of personal identification.[139]
Tennessee 2011 Strict Photo ID Law tightened in 2011.[91] Tennessee voters were required to show Photo ID during the 2012 elections.[140]
Texas 1990 Photo ID Law tightened in 2011.[91] U.S. Justice Department rejected the Texas law as placing an undue burden disproportionately on minority voters.[141] The 2013 Supreme Court case Shelby County v. Holder struck down the Justice Department's ability to reject the Texas law.[142] On October 9, 2014, a U.S. District Judge struck down the law.[143] On October 14, 2014, a panel for the 5th Circuit Court of Appeals issued a preliminary injunction against the ruling of the District Court, which was confirmed 6-3 by the U.S. Supreme Court on October 18. Therefore, the state will implement this law for the 2014 elections.[144] On August 5, 2015, the 5th Circuit Court of Appeals found the law to violate Section 2 of the Voting Rights Act and sent it back to the U.S. District Court.[145]
Utah 2009 Non-Strict, Non-Photo ID Non-photographic forms of ID are accepted at polling stations.[146]
Vermont No ID required to vote at polling stations.[147]
Virginia 1996 Strict Photo ID Lawmakers pass Voter ID bill in 2010, and the then Governor implements it in a way that allows non-photo ID. After the 2012 election, the Virginia legislature passed a new law stipulating that non-photo ID's cannot be used. The then Governor signs the Photo ID requirement into law in 2013. The law would have needed to pass "pre-clearance" by the U.S. Department of Justice under the 1965 Voting Rights Act (certain states and jurisdictions, mostly in Southern states were required to wait for pre-clearance before changing voting laws).[148] U.S. Supreme Court Voting Rights Act ruling on June 26 removed section 4 of the Voting Rights Act, clearing the way for Virginia to enact the new Photo ID requirement in 2014.[149]
Washington 2005 Non-Strict, Non-Photo ID Washington has no polling stations. Ballots are mailed in.[150]
West Virginia Photo ID Republicans are preparing a Photo ID bill in 2013.[151]
Wisconsin 2011 Photo ID Following two 2012 rulings by Dane County circuit judges that blocked implementation of the 2011 Wisconsin Act 23 law requiring Voter Id, on July 31, 2014, the Wisconsin Supreme Court upheld the law.[152] On September 12, the 7th Circuit Court of Appeals allowed the law to be put into effect just 54 days before the 2014 elections, overturning a previous ruling in federal court.[153] On October 9, 2014, the state was again barred from implementing the Voter Id law for 2014 by the U.S. Supreme Court.[154][155] On March 23, 2015, the United States Supreme Court rejected an appeal by the ACLU against Wisconsin's voter ID law, effectively upholding the 7th Circuit's ruling that it is constitutional.[21] The law went into effect with the local/state primary vote on February 16, 2016.[156]
Wyoming No ID needed at polling stations.[157]
Washington, D.C. No ID needed at polling stations.[158]

See also

Further reading

References

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