THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
NO.3
Session of 2017
INTRODUCED BY
March 16. 2017
REFERRED TO SENATE STATE GOVERNMENT COMMITTEE
Voter Identification Requirement
Section 1.
All individuals that present themselves to vote at a Pennsylvania poiling place must provide valid
identification in order to cast a ballot.
Section 2.
Identification must be provided at every election. Identification must be issued by a state agency
and be valid for no longer than five years after issuance.
Section 3.
Individuals without valid identification will be permitted to cast provisional ballots, but must
provide valid identification within five days of voting in order for the ballot to count.
Section 4.
This bill shall take effect in 60 days.
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Opinions
Voter ID laws are good
protection against fraud
By KrIs Kobach July 13,2011
A Post editorial last month criticized Kansas’s Secure and Fair Elections Act, which was drafted by my office. The act requires
that voters present photo identification when they vote in person, that absentee voters present full driver’s license numbers
and have their signatures verified, and that voters present proof of citizenship at the time of registration.
The June22 editorial also criticized other states that moved in this direction during their
2011
legislative sessions. Wisconsin,
Texas, Tennessee, Alabama and South Carolina adopted photo ID requirements; Alabama also enacted a proof-of-citizenship
requirement for registration similar to Kansas’s.
The editorial asserted that voter fraud is a “minuscule” problem and that I failed to show that any of the 221 incidents of voter
fraud reported in Kansas between 1997 and 2010 resulted in convictions.
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In fact, I presented this information to the Kansas legislature in January, and the numbers were extensively reported by the
media. The 221 incidents of voter fraud included absentee ballot fraud, impersonation of another voter and other crimes. The
vast majority of the cases were never investigated fully because Kansas county attorneys lack the time and resources to pursue
voter fraud at the expense of other criminal investigations. Of the approximately3o cases that were fully investigated, seven
resulted in prosecutions. MI seven yielded convictions.
The frequency of voter fraud in Kansas is not unusual. Unfortunately, voter fraud has became a well-documented reality in
American elections.
The editorial cited figures from NewYork University’s Brennan Center comparing the number of reported cases of voter fraud
in a state to the number of votes cast in the state. Not surprisingly, the percentages are small.
But such use of these statistics is fundamentally flawed. First, most forms of voter fraud are extremely difficult to detect. We
see only the tip of the iceberg; the number of instances is likely to be much higher than the number of reported cases. Second,
asldng what percentage of votes were cast illegally misses the point. The relevant question is; Does the number of illegal votes
exceed the margin of victory in a particular race? MI too often, the answer is yes.
One of the most brazen cases of voter fraud occurred in astute representative race in Kansas City, Mo., last year. ft was a
Democratic primarybetweenJ.J. Rizzo and Will Royster in a district where the victor was certain to win the general election.
Rizzo received about 50 votes illegally cast by citizens of Somalia. The Somalis, who didn’t speak English, were coached to vote
br Rizzo by an interpreter at the polling place. Rino ended up winning by one vote.
In another eNample, an iS-month study by Minnesota Majority found that 341 felons in the Minneapolis-St. Paul area illegally
voted in the 2008 election. Compared with the
2.7
million votes cast in the state,
341
seems insignificant. But after the recount
of the U.S. Senate race between Norm Coleman and Al Franken, Franken’s margin of victory was only 312 votes. The illegal
votes cast by felons were not discovered until after the recount, maldng 341 an awfully significant number.
The editorial also cited a questionable aooô survey from the Brennan Center, using the claim that
ii
percent of the U.S.
population lacks a photo ID as a basis For concluding that hundreds of thousands of citizens lack photo IDs.
Hut we don’t have to rely on such inaccurate estimates; actual numbers are available. According to the
2,126.179
2010
Census, there arc
Kansans of voting age. According to the Kansas Division of Motor Vehicles, fully 2,156,446 Kansans age
iS
and older
have valid drivcrs licenses or non-driver IDs. In other words, there are more photo IDs in circulation than there are eligible
voters in Kansas. It is simply incorrect to assert that there arc tens of thousands olvoters in Kansas, or any state, without
photo identification.
Photo IDs have become ubiquitous and unavoidable. You can’t cash a check board a plane or drive without one. That is why its
not unreasonable to require picture identification to protect our most important privilege of citizenship. And just in case a
voter lacks a photo ID, Kansas’s legislation requires that he or she be given one free of charge.
Photo ID requirements are a reasonable way to secure our elections. It’s absurd to suggest that anyone is “disenfranchised” by
stick protective measures,
More states are moving to ensure the integrity of our voting process by requiring photo IDs, not as part of a devious plot to
discourage voting, but because voter fraud is a real problem. And it’s a problem that voters want solved.
According to a 2010 SurveyUSA poll ofoo Kansans, 85 percent supported photo ID laws. Fortunately, state legislators are
listening to their constituents, not the Brennan Center, on this question.
Rris H’. Kobaeh is secretory ofstate of Kansas, He is also co-authorofAnzona’sS.B.
The Post Recommends
1070
law on illegal immigration.
2/2/2017
OpErn*Ier ID LegsIaUon - Fact Sheet
Published on American Cvii Liberties Union lImos: / /www.aclu.prp)
*MERItAN CIVIL LIBERTIES UNIDN
Oppose Voter ID Legislation Fact Sheet (‘I
-
BACKGROUND
Voter identification laws are a part of an ongoing strategy to roll back decades of progress on
voting rights. Thirty-four states have identification requirements at the polls. Seven states have
strict photo ID Iaws under which voters must present one of a limited set of forms of
government-issued photo ID in order to cast a regular ballot no exceptions.
—
Voter ID laws deprive many voters of their right to vote, reduce participation, and stand in direct
opposition to our country’s trend of including more Americans in the democratic process. Many
Americans do not have one of the forms of identification states acceptable for voting. These voters
are disproportionately low-income, racial and ethnic minorities, the elderly, and people with
disabilities. Such voters more frequently have difficulty obtaining ID, because they cannot afford
or cannot obtain the underlying documents that are a prerequisite to obtaining government-issued
photo ID card.
VOTER ID LAWS DEPRWE MANY AMERICANS OF ThE
RIGHT TO VOTE
Millions of Americans Lack ID. ii% of U.S. citizens or more than 21 million Americans do
not have government-issued photo identification.1
Obtaining ID Costs Money. Even if ID is offered for free, voters must incur numerous costs
(such as paying for birth certificates) to apply for a government-issued ID.
o UnderlyingAocuments required to obtain ID cost money, a significant expense for
lower-income Americans. The combined cost of document fees, travel expenses and
waiting time are estimated to range from $75 to $75.2
o The travel required is often a major burden on people with disabilities, the elderly, or
those in rural areas without access to a car or public transportation. In Texas, some
people in rural areas must travel approximately 170 miles to reach the nearest ID office.3
Voter ID laws Reduce Voter Turnout. A 2014 GAO study found that strict photo ID laws
reduce turnout by 2-3 percentage points,4 which can translate into tens of thousands of votes
lost in a single state.5
—
—
VOTER ID LAWS ARE DISCRIMINATORY
• Minority voters disproportionately lack ID. Nationally, up to 25% of African-American citizens
of voting age lack government-issued photo ID, compared to only 8% of whites.6
• States exclude forms of ID in a discriminatoiv manner. Texas allows concealed weapons
permits for voting, but does not accept student ID cards. Until its voter ID law was struck
down, North Carolina prohibited public assistance IDs and state employee ID cards, which are
hUJ/www.aciu.orWpinUr1aJ&2s5l3
Oppose i1er ID Legislalion Fact Sheet
2IOll
-
disproportionately held by Black voters. And until recently, Wisconsin permitted active duty
military ID cards, but prohibited Veterans Affairs ID cards for voting.
• Voter ID laws are enforced in a discriminatory manner. A Caltech/MIT study found that
minority voters are more frequently questioned about ID than are white voters.7
• Voter ID laws reduce turnout among minority voters. Several studies, including a 2014 GAO
study, have found that photo ID laws have a particularly depressive effect on turnout among
racial minorities and other vulnerable groups, worsening the participation gap between voters
of color and whites.8
VOTER ID REQUIREMENTS ARE A SOLUTION IN
SEARCH OF A PROBLEM
• In-person fraud is vanishingly rare. A recent study found that, since 2000, there were only 31
credible allegations of voter impersonation the only type of fraud that photo IDs could
prevent during a period of time in which over 1 billion ballots were cast.9
• Identified instances of “fraud” are honest mistakes. So-called cases of in-person
impersonation voter “fraud” are almost always the product of an elections worker or a voter
making an honest mistake, and that even these mistakes are extremely infrequent.’0
• Voter ID laws are a waste of taxpayer dollars. States incur sizeable costs when implementing
voter ID laws, including the cost of educating the public, training poll workers, and providing
IDs to voters.
o Texas spent near]y $2 million on voter education and outreach efforts following
passage of its Voter ID law.’1
o Indiana spent over $io million to produce free ID cards between 2007 and 2010.12
—
—
The ACLU has led the charge against Voter ID in several states, challenging voter ID laws in in
states such as Pennsylvania, Arkansas, Wisconsin, and North Carolina. For more information,
please contact Dale Ho at dale.hwThaclu.org ji or visit https: //&.aclu.org/issues/voting
rights /fighting-voter-suppressipn/fighting-voter-id-reguirements 31 to learn more.
© 2017 ACLU
Source URL: https://www.aclu.org/other/oppose-votcr.id-Iegisladon-fact-shcet
Links
https://www.ack.org/other/oppose-voter-id-iegisladon-fact-sheet
maitto:[email protected]
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[i]
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212)2017
Everything You’ve Ever Waited to Krav Nat \tar ID
Laws
-
RoPuNIca
Everything You’ve Ever Wanted to Know About
Voter ID Laws
More than 30 slates have enacted some version of voter ID law In recent years. How much do these laws change voting rules
and what Impact could they have on the general election?
by Suevo,, Lee and Sarah Smith
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This post is being kept vp-to-date. ft was first published on July23, 2012.
Voter ID laws are a contentious issue in the 2016 presidential election cycle. Many of the
statutes will have their first test at the pails this year. Supporters say the laws which 36
states have now enacted in some form are needed to combat voter fraud, while crities
see them as a tactic to disenfranchise voters.
—
—
We’ve taken a step back to look at the facts behind the laws and break down the issues at
the heart of the debate.
So what are these laws?
They are measures intended to ensure that a registered voter is who he says he is and not
an impersonator trying to cast a ballot in someone else’s name. The laws, most of which
have been passed or strengthened in the last five years, require that registered voters
show ID before they’re allowed to vote. Exactly what they need to show varies. Some
states require a government-issued photo, while in others a current utility bill or bank
statement is sufficient,
As a registered voter, I thought I always had to supply some form of ID
during an election.
Not quite. Per federal law, first-time voters who registered by mail must present a photo
ID or copy of a current bill or bank statement. Some states generally advise voters bring
some form of photo ID. But prior to the 2006 election, no state ever required a voter to
produce a government-isnied photo ID as a condition to voting. Indiana in aooó became
httpsiw.propuUlcaorsUcl&everythiryowar-wantod-to-knw-atnkvotef’d’1aW5
Evory&ng Votive Ever Wanted Co Krcw About Voter ID Laws Propublica
212,2017
-
the first state to enact a strict photo ID law, a law that was upheld two years later by the
U.S. Supreme Court.
Why arc these voter ID laws so strongly opposed?
Voting law opponents contend these laws disproportionately affect elderly, minority and
low-income groups that tend to vote Democratic. Obtaining photo 10 can be costly and
burdensome. While many states with strict laws oiler a free state ID for people without
any other way to vote, these ll)s require documents like a birth certificate that can cost
up to $25 in some places. According to a study from NYU’s Brennan Center, ii percent of
voting-age citizens lack necessary photo TD while many peopie in mm! areas have trouble
accessing ID offices.
A lawsuit flied against Alabama in early December 205 cites the example aft high
schooler who cant vote because she lacks a driver’s license. According to the suit, she
needs to get a state issued voter ID at the DMV, but the one nearest to her is only open
one day per month and there’s no public transportation to another DMV 40 miles away
roundtrip.
During closing arguments in a 2012 case over Texas’s voter ID law, a lawyer for the
stale brushed aside geographical obstacles as the reality to life of choosing to live in that
part of Texas”
Former Attorney General Eric Holder and others have compared the laws to a po11 tax, in
which Southern states during the Jim Crow era imposed voting fees, which discouraged
blacks, and even some poor whites until the passage of grandfather clauses from
voting.
—
—
Given the sometimes costly steps required to obtain needed documents today, legal
scholars argue that photo ID laws create a new financial barrier to the ballot box.”
Just how well-founded are fears of voter fraud?
‘[here have been only a small number of fraud cases resulting in a conviction. A New
York Times analysis from 2007 identified 120 cases filed by the Justice Department over
five years. These cases, many of which stemmed from mistakenly filled registration forms
or misunderstanding over voter eligibility, resulted in 86 convictions.
There arc vely few documented cases,” said UC-Irvine professor and election law
specialist Itick Hasen. When you do see election fraud, it invariably involves election
officials taking steps to change election results or it involves absentee ballots which voter
lb laws can’t prevent,” lie said,
An analysis by Ncws2I, a national investigative reporting project, identified Ia voter
impcnonation cases out of 2,068 alleged election fraud cases since 2000 or one out of
every 15 million prospective voters.
One of the most vocal supporters olstrict voter ID laws, then-Texas Attorney General
Greg Abbott (now the state’s governor), told the Houston Chronicle in July 2012 that his
office has prosecuted about o cases of voter fraud in recent years. “I know for a fact that
voter fraud is real, that it must be stopped, and that voter it) is one way to preveat
cheating at the ballot box and ensure integrity in the electoral system,” he told the paper.
Abbott’s office did not respond to ProPublica’s request [or comment.
How many voters might be turned away or dissuaded by the laws, and could
they really affect the election?
It’s not clear.
According to the Brennan Center, about ii percent of U.S. citizens, or roughly 21 millIon
citizens, don’t have government-issued photo ID. ‘I’his figure doesn’t represent all voters
likely to vote, just those e*ib!e to vote,
hUJpropublIcao’atUclflvery.y,ever-wa&to.kncw-about-voter.id.Iaus
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EvecytNng Yw’ve Ever WiaI to Kro.c AbaA Voffir ID laws ProPuica
A 2012 analysis by Reuters and research firm Ipsos of data culled from zo,ooo voter
interviews found that those lacking proper ID were less likely to vote anyway, “regardless
-
of state law changes.”
Among those who said they were certain to vote,” only i percent said they did not have
proper ID while another x percent said they were uncertain whether they had the proper
ID. The analysis also found that those who Jack valid photo ID tended to be young
people, those without college education5, Hispanics and the poor.
Much oithe academic literature finds that voter ID laws have an outsize effect on
minorities: Aworking paper from researchers at the University of California, San Diego
found that states with a strict photo ID law saw a significant decrease in turnout among
minority and immigrant voters and an increase in the participation gap between white
and nonwhite voters.
Exact state figures on how many people lnck acceptable IDa can be hard to nail down.
Before Pennsylvania’s voter ID law was struck down, a 2012 analysis of state records by
the Philadelphia Inquirer found that nearly 760,000 registered voters1 or 9.2 percent of
the state’s 8.2 million voter base, don’t own state-issued ID cards. State officials, on the
other hand, placed the number between So,ooo and 90,000.
In a 2012 trial over Wisconsin’s voter ID law, the plaintiff estimated that about 300,000
voters didn’t have ID and attempted to analyze the demographic breakdown. An expert
for thedefense put the number between ioo,ooo and 3oo,ooo and called the
demographics an “open question.”
As for the potential effect on the election, one analysis by Nate Silver at the New York
Times’ FlveThirtyEight blog estimates they could decrease voter turnout anywhere
between o.8 and 2.4 percent. It doesn’t sound like a very wide margin, but it all depends
on the electoral landscape.
“We don’t know e3cactiy how much these news laws will affect turnout or skew turnout in
favor of Republicans,’ said Hasen, author of The Voting Wars: From Florida 2000 to the
Next Election Meltdown. “But there’s no question that in a very close election, they could
be enough to make a difference in the outcome.”
When did voter ID laws get passed
ones?
—
and which states have the strictest
The first such law was passed as early as 2003, but momentum has picked up in recent
years. In 2011 alone, legislators in 34 states introduced bills requiring voters show photo
ID 14 of those states already had existing voter ID laws, but lawmakers sought to
toughen statutes, mainly to require proof of photo identification.
—
The National Conference of State Legislatures has a helpful breakdowii of states’ voter ID
laws and how they vary.
Indiana, Georgia, Tennessee, Kansas, Mississippi. North Dakota, Virginia, Wisconsin and
Texas have the toughest versions. These states won’t allow voters to cast a regular ballot
without first 5howulg valid photo ID. Other states with photo ID laws offer some more
flexibility by providing voters with several alternatives.
What happens if a voter can’t show vthd photo ID in thcsc states?
These voters are entitled to a provisional ballot. To ensure their votes count, however,
they must produce the mandatory ID within a certain time frame and affirm in person or
writing they are the same individual who filled out a temporary ballot on Election Day.
The time limits vary: They range anywhere from up to three days after the election
(Georgia) to noon the Monday after the election (Indiana).
Are there any exceptions to the photo ID requirement?
hItpt!w.propubIicaorgarllcI&everythin.youe-eier-wanwd.Io.knew.thout-vo4et1d.Iaws
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Everythr Votive Ever Wanted to Krcw Abaut Voter ID Laws ProPublica
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Yes: Indigency or religious objections to being photographed. In Indiana, voters will be
given a provisional ballot and must sign an affidavit for their exemption by a certain date.
Texas grants an a’ccepdon to voters who don’t have an ID because of a recent natural
disaster. For a more specific breakdown of all exceptions, see this list.
Voter ID laws were a big story in zota. Why arc we still talking aboul them?
A few reasons. While a majority of the voter ID laws were passed before the 2012
election, not all of thent went into effect immediately. Wisconsin’s voter ID law, passed in
2011. was only in effect for a low-turnout primary in a few municipalities before getting
tied up in court and will have its first major test in 2016. States such as Virginia, Texas,
and North Carolina passed voter ID laws after 2012 that haven’t yet been tested in a highturnout presidential election (Virginia and Texas’ 2013 laws were in effect for the states’
2014 midterm elections, but North Carolina’s voter ID law hasn’t yet been in effect for a
federal election).
This election cycle is also the first presidential election without Section 4(b) of the Voting
Rights Act in effect. In 2013, it was struck down in a 5—4 Supreme Court decision, Shelby
Co,,nirr Holder. States previously required to get preclearance from the Justice
Department to change voting laws under a formula laid out in Section 4(b) no longer
have to. This means there’s a whole spate of new voting laws in effect. Texas, for example,
was initially blocked from implementing its voter ID law until it received preclearance.
But the day of the Shelby ruling, the state announced that the law would take effect.
It also means that it’s harder to challenge laws. The Justice Department can still
challenge laws for discriminatory voting practices under Section 2 of the Voting Rights
Act. But the plaintiff carries the burden of proof under Section 2 challenges, making
them harder to win.
This is the first presidential election in more than so years of the Voting Rights Act that
the department’s ability to enforce the act has been so severely cut back,” Vanita Gupta,
the head of the Justice Department’s civil rights division, told The Washington Post the
week before Super Tuesday.
Legal challenges to the laws from groups like the NMCP, League of Women Voters,
and Democratic lawyers are still winding their way through the legal system. In many
states, these cases aren’t the first time the laws have been challenged.
—
—
That are the current challenges to the laws?
Some voter ID laws have been blocked by the courts. A Pennsylvaniajudge struck down
the state’s voter ID law in 2014, and the then-governor declined to appeal the ruling to
the state Supreme Court,
Marc Elias, a Democratic lawyer who also serves as general counsel for Hillary Clinton’s
presidential campaign, brought suit against voter ID laws in Virginia, Wisconsin, Ohio
and North Carolina (Elias isn’t acting on behalf of the Clinton campaign). In Virginia.
Elms is arguing that the law is an undue burden on poor and minority voters who are
unlikely to have on ID and are more likely to vote Democrat.
The NAACP Legal Defense Fund sued Alabama over its voter ID law in early December,
alleging it discriminated against African Americans. Ajudge declined to issue a
preliminary injunction on Feb. t8, but hasn’t yet ruled on the suit.
Texas’ voter ID law is In a legal tangle: in August 2015, a federal appeals panel found that
the law discriminated against minorities, but it disagreed with the lower court’s finding
that the law was the equivalent of a pa11 tax and intentionally discriminatory. The
appellate court sent the law back to the lower court for review. In March 2016, the federal
appeals court decided to hear a challenge to the law en bane the whole court, not just
the panel, will hear the case. Meanwhile, the law remains in effect.
—
hsJw.opuUica.oarUcl&eveywve-eec.wai,ffid.to-knew.aXiI.voter-l&Iaws
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Everylting You’ve Ever Wanted to Know About Voter ID Laws Fr&uUica
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Are there other voter ID laws in effect that ask for but don’t necessarily
require photo ID?
Yes. In these so-called non-strict photo ID states” Florida, Louisiana, Michigan,
Idaho, South Dakota and Hawaii individuals are requested to show photo ID but can
still vote if they don’t have one. Instead, they may be asked to sign affidavits affirming
their identity or provide a signature that will be compared with those in registration
records.
—
—
Why has there been such a recent surge in voter ID legislation around the
country?
This report by NYU’s Brennan Center for Justice cites primarily big Republican gains in
the 2010 midterms which turned voter ID laws into a “major legislative priority.” Aside
from Rhode Island, all voter ID legislation has been introduced by Republican-majority
legislatures.
News2l also has this report on the clo5e affiliation between the bills’ sponsors and the
conservative nonprofit group, American t.egislative E2cchange Council (ALEC).
Republican figures have championed such laws, In a now-infamous remark, Mike Tunai,
majority leader of the Pennsylvania House of Representatives, praised the state’s
legislative accomplishments including passing a voter ID law at a 2012 Republican
State Committee meeting.
—
—
“Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania,
done,” he said.
A spokesman for Tunai, Steve Misldn, told ProPublica that Tunai was
“mischancterized” by the press. “For the lint time in many years, you’re going to have a
relatively level playing field in the presidential elections” as the result of these new laws,’
Miskin said.
Correction August 20, 2012: An earlier version of this story incorrectly stated “voting
law advocates contend these laws disproportionately affect elderly, minority and lowincome groups that tend to vote Democratic.” It’s voting law opponents who make that
contention.
Correction July 24, aoia: An earlier version of this story said Texas went to federal
court to challenge the DOJ’s denial of preclearance. In fact, Texas filed a lawsuit seeking
preclearance from the federal district court two months before the 003 announced its
decision. Also, some states require a government-issued photo that does not have to
come from the federal government as first detailed.
Clarification Sept. 25, 2Ot2 This post has been clarified to reflect details about who
was discouraged from voting under a poll tax.
Correction Oct. 4, 2012: An earlier version of this story stated that New Hampshire
was unsuccessftil in enacting a voter ID law, In fact, its legislature overrode the
governor’s veto and the law is now in place in the state,
Like this story? Sign upfor our daily newsletter to get more
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Voter ID Laws: Are They Necessary? Law Street (TM)
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1Lft’I
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—-
IMAGE COURTESy CF MUCK SMITH VIA rLIcRRI
LA W
Voter ID Laws: Are They Necessary?
By ob[jii
uhF1
Anionj I November 7. 2014
The passage of voter identification laws has been a popular political fire-starter in
recent years. At their core they make sense—you should have to be who you say you
are in order to vote. But in practice there are significantly more nuances, problems, and
historical concerns that accompany voter ID laws. Read on to learn about the
complicated arguments over voter ID laws.
WHAT IS A VOTER ID LAW?
At its core it’s pretty much exactly what it sounds like—a law requiring that photo
identification is shown before a citizen votes. It is used to confirm that the person voting
is who she says she is, and that she is in fact registered to vote. Voter ID laws have
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Voter ID Laws Are They Necessary? Law Street (TM)
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taken a few different forms in the United States. The National Conference of State
Legislatures delineated several different categories of these laws.
Strict voter ID laws that require photo ID: At least seven states have strict Voter ID
laws that require photo identification in 2014, including Georgia, Indiana, Kansas,
Mississippi, Tennessee, Texas, and Virginia. This type of law require that a voter
show some sort of government-issued photo ID, usually from a list of acceptable
options provided by the state. These laws also usually allow a voter who doesn’t have
an approved form of identification to cast a provisional ballot, but require the voter to
take extra steps after the ballot has been cast, such as return with an ID a few days
later.
Strict voter ID laws that don’t require photo ID: At least three states have strict voter
ID laws not requiring photo identification in 2014, including Arizona, North Dakota, and
Ohio. Although these laws don’t require a voter to show photo identification, they do
require an approved ID of some sort, such as proof of address or a birth certificate.
Again, these lists are curated by the states themselves; however, if that form of
identification is not provided, a voter in these states would have to return with it at some
point.
Less-strict voter ID laws that require photo ID: At least eight states have this level of
photo ID at the polls in 2014, including Alabama, Florida, Hawah. Idaho. Louisiana,
Michigan, Rhode Island, and South Dakota. While states in this category do require
photo ID, there are ways around showing it. For example, some states allow a voter to
sign an affidavit proving his identity, or to send a letter confirming who he is.
Less-strict voter ID laws that don’t require photo ID: At least 13 states have this
level of photo ID at the polls in 2014, including Alaska, Arkansas, Colorado,
Connecticut, Delaware, Kentucky, Missouri, Montana, New Hampshire, Oklahoma,
South Carolina, Utah. and Washington. Voters are required to bring some form of nonphoto identification; however, if they don’t they can still vote by signing an affidavit
attesting to their identities.
No ID law at all: At least 17 states do not require ID to vote, including California,
Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New
Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, West Virginia, and
Wyoming. Some of these states, however, have enacted or are working to enact voter
ID laws for future elections.
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Voter ID Laws: Are They Necessary? Law Street (TM)
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It’s Gotten A Lot Harder To Vote
Percentage of states with each type of voter ID requirement
100%
PhotolD
required
Non-photo ID
required
75
Photo ID
requested
Non-phntn ID
requtsttd
No ID required
or requested
25
W FiveThirtyEight
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Voter ID laws are now in 17 more states than they were in 2000.
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WHAT IS THE ARGUMENT FOR VOTER ID LAWS?
The Rock the Vote campaigns have lost a little bit of their edge as voter identification
laws are increasingly enacted across the country. Supporters of voter ID laws argue
that certain measures of identification are necessary to prevent voter fraud and ensure
the sanctity of the election process. They also argue that requiring a governmentissued ID in order to cast a ballot is not too much too ask, as everyone has some sort
of government identification on his or her person at all times.
Voter ID laws have traditionally received support from conservative politicians. As Mitt
Romney put itin 2011:
I find it extraordinary that [US Attorney General] Eric Holder is, one more
time, making a very serious error [in challenging a South Carolina law that
requires a photo ID to vote]... The idea that people should not be able to be
identified as they vote so that we can know that they are not voting multiple
times. I mean, that’s the purpose here of course. We don’t want people voting
multiple times and you can get a photo ID free from your state. You can get it
https:hlawstreetmedia.comlissues/Iaw-and-politics/are-voter-identification-Iaws-constitutional/
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Voter ID Laws: Are They Necessary? Law Street (TM)
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at the time you register to vote...That’s one more lawsuit I’d end if I were
president of the United States.
WHAT’S THE ARGUMENT AGAINST VOTER ID LAWS?
Those against the bill argue that voter ID laws prevent college students from going to
the polls and therefore suppress youth voting, which is already an issue that many
organizations work to combat. College students and other young people often don’t
have government-issued photo IDs that contain their current addresses, because their
permanent residence is often different from where they live during college. There
are also allegations that these laws are passed merely for the sake of being passed.
Some of the most controversial provisions of the bills seem to be included without much
thought and even go unread by those signing them into law.
Some elected officials argue that voter ID laws prevent minority and elderly voters who
lack the means to comply with them. Others argue that the laws are American
conservatives’ means to subtly discriminate against minority voters. The Brennan
Center for Justice estimates that as much as seven percent of Americans don’t have
proof of citizenship, and as much as 11 percent don’t have a government-issued photo
ID. The reasons for this are myriad—the Brennan Center points out that married women
disproportionately don’t have anything to prove their citizenship, because they’ve
changed their last names. In addition, the elderly, the poor, and those who don’t have
the funds to drive are unlikely to have government-issued photo ID.
Voter ID Laws: Fake Solution to a Fake Problem
CONCLUSION
hllps://Iawstreetmediacomlissues/Iaw-and-politics/are-votec-identification-Iaws-constilutional/
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Voter ID Laws: Are They Necessary? Law Street (TM)
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In a political landscape that can only possibly be described as polarized, who can vote
in an election is certainly at issue. While the idea of voter ID laws makes sense in
theory, there are certainly valid questions as to the actual functionality of the laws. It is
as much a political issue as an ethical one—it will be interesting to see which of those
two competing interests ends up winning out.
RESOURCES
Primary
US House of Representatives: House Sill 589
—
Voter Information Verification Act
Additional
Guardian: Felon Voting Rights Have Bigger Impact Than Voter ID Laws
The New York Times: States Rush to Enact Voting Laws
The New York Times: Supreme Court Invalidates Key Part of Voting Rights Act
CNN: Civil Rights Struggle Far From Over
Philly: Voter ID’s Fate Now In Judges Hands
Brennan Center Citizens Without Proof
Robbin Antony
Rob Antony is a founding member of Law Street Media. He is a New
Yorker, born and raised, and a graduate of New York Law School.
Contact Rob at [email protected].
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