The Voter Participation Center
UPDATE: Status of State Voter Identification Requirements Since 2009
Numerous States Are Enacting Stricter Voter ID Laws That Adversely Affect Underrepresented Voters
In our 2009 Access to Democracy report,1 we described restrictive state laws requiring prospective voters
to provide various forms of identification before casting a ballot. We also discussed the confusing array
of rules and requirements across states that govern acceptable forms of identification and make it very
difficult for prospective voters to know what they need to bring to the polls to cast a ballot. These
burdensome and confusing policies adversely affect underrepresented voters—women, African
Americans, Latinos, and young voters—who often lack current or acceptable forms of identification
required by statute.2 In 2009, only two states—Indiana and Georgia—had strict photo identification
requirements mandating that prospective voters provide photo identification at the polls to cast a vote.
Unfortunately, voter identification requirements have become significantly more restrictive since our
2009 study, despite numerous government and non-profit studies conducted over the last decade
suggesting that voter fraud is not widespread in the United States.3
According to a recent report by the National Conference of State Legislatures, thirty-three states have
considered laws that would change the identification requirements for prospective voters since the 2010
midterm elections.4 Twenty of those thirty-three states had no voter ID requirements (either photo or nonphoto) at the polls prior to the new legislation.5 Further, of the twenty-seven states that had a non-photo
ID requirement before 2011, fourteen have considered strengthening those laws to require photo ID.6
A prime example of a new and stricter voter identification law is Texas Election Code § 63.001 et seq..
This law requires registered voters to present a particular form of photo identification to an election
officer at the polling place prior to casting a ballot.7 Acceptable forms of photo identification under the
new Texas law include the following: a driver's license; Texas Department of Public Safety ID card; U.S.
military ID; U.S. citizenship certificate; U.S. passport; or license to carry a concealed handgun issued by
the Texas Department of Public Safety.8 Although allegedly enacted to prevent voter fraud, the statute
has the potential to adversely and disproportionately affect poor, female, minority and young voters. All
of these groups often lack the types of photo identification required, most notably driver’s licenses and
concealed hand gun permits. Further, the statute notably excludes student identification cards as a
proper form of photo identification.9
Strict Photo ID Requirements
Although governors in Minnesota, Missouri, Montana, New Hampshire and North Carolina vetoed strict
new photo ID laws in 2011,10 seven more states joined Indiana and Georgia in enacting a strict photo
identification requirement where voters must present a photo ID to cast a regular ballot. The strict
photo identification laws in five of those states—Kansas, South Carolina, Tennessee, Texas and
Wisconsin11—take effect by 2012; whereas, two states—Alabama and Rhode Island12— will
implement the strict photo identification requirements in 2014.
Photo ID Requested
Six states now have laws that request voters to present a valid Photo ID: Florida, Hawaii, Idaho,
Louisiana, Michigan, South Dakota.13 If voters are unable to present photo identification, they are
allowed to cast a regular ballot in these states if they meet certain other criteria (varies by state).
DSMDB-2952072v3
Non-Photo ID Required
Fifteen states require some form of ID, but photo ID is not required: Alaska, Arizona, Arkansas,
Colorado, Connecticut, Delaware, Kentucky, Missouri, Montana, North Dakota, Ohio, Oklahoma, Utah,
Virginia, Washington.14
Pending Legislation
Numerous states are still considering more restrictive voter photo identification legislation that could
impact the 2012 election, including Illinois, Iowa, Maine, and Pennsylvania.15
Further Information
For more information on state voter identification laws, please see:





League of Women Voters Education Fund: http://www.vote411.org/bytopic.php?topicID=16
Project Vote: http://projectvote.org/voter-id.html
Election Protection: http://www.866ourvote.org/elections-101?id=0004
Demos: http://www.demos.org/issue.cfm?e=Voter%5FFraud%5FVoter%5FID%5FElection%5FIn
National Conference of State Legislatures: http://www.ncsl.org/default.aspx?tabid=16602
2
DSMDB-2952072v3
1
Scott Thomas et al., Access to Democracy: Identifying Obstacles Hindering the Right to Vote, Women’s Voices Women Vote
(2009), http://www.wvwv.org/assets/2009/4/15/WVWV-Access-to-Democracy-Report.pdf.
2
Id.
3
See generally Brennan Center for Justice, The Truth About Fraud (2007); Lorraine C. Minnite, An Analysis of Voter Fraud in
the United States (2008); Eric Lipton & Ian Urbina, In 5-Year Effort, Scant Evidence of Voter Fraud, N.Y. Times, April 12,
2007, http://www.nytimes.com/2007/04/12/washington/12fraud.html (discussing failure of DOJ to discover widespread voter
fraud during 5 year survey).
4
Voter ID: State Requirements, National Conference of State Legislatures, http://www.ncsl.org/default.aspx?tabid=16602.
5
Id.
6
Id. Thus far, four of those states have enacted strict photo ID requirements.
7
TEX. ELEC. CODE ANN. § 63.001 et seq., as amended by, SB 14, 82(R) Sess. (2011).
8
Id.
9
Molly Ball, How State Legislatures Could Affect the 2012 Elections, Politico, June 5, 2011, at 3,
http://www.politico.com/news/stories/0611/56264.html.
10
Voter ID: State Requirements, National Conference of State Legislatures, http://www.ncsl.org/default.aspx?tabid=16602.
11
KAN. STAT. ANN. § 25-2908, as amended by, HB 2067 (2011); S.C. CODE ANN. § 7-13-710, as amended by, HB 3003, 119th
Sess. (2011); TENN. CODE. ANN. § 2-7-112, as amended by, HB 0007 (2011); TEX. ELEC. CODE ANN. § 63.001 et seq., as
amended by, SB 14, 82(R) Sess. (2011); WIS. STAT. § 5.02(6m), as amended by, AB 7 (2011).
12
ALA. CODE § 17-9-30, as amended by, HB 19 (2011) (effective as of Jan. 1, 2014); R.I. GEN. LAWS § 17-19-24.2.
13
General Voting Information, Florida Division of Elections, http://election.dos.state.fl.us/voting/voting-info.shtml#voting;
HAW. REV. STAT. § 11-136; Official Voting Information, Idaho Votes, http://www.idahovotes.gov/voter_id.htm; Election Day
Voting, Louisiana Secretary of State, http://www.sos.louisiana.gov/tabid/151/Default.aspx; Voter Information Center – FAQs,
Michigan Department of State, http://www.michigan.gov/sos/0,1607,7-127-1633_11619_38093-123989--,00.html;
Identification at the Polls, South Dakota Secretary of State,
http://www.sdsos.gov/electionsvoteregistration/electionprocess_VoterID.shtm.
14
ALASKA STAT. § 15.15.225; ARIZ. REV. STAT. ANN. § 16-579; ARK. CODE. ANN. § 7-5-305(a)(8); COLO. REV. STAT. 1-1-104
(19.5); CONN. GEN. STAT § 9-261; DEL. CODE ANN. tit. 15, § 4937; KY. REV. STAT. ANN. § 117.227; MO. REV. STAT.
§ 115.427; MONT. CODE ANN. § 13-13-114; N.D. CENT. CODE § 16.1-05-07; OHIO REV. CODE ANN. §§ 3503.16(B)(1)(a),
3505.18(A)(1); OKLA. STAT. tit. 26, § 7-114; UTAH CODE ANN. §§ 20A-1-102(76), 20A-3-104; VA. CODE ANN. § 24.2-643(B);
WASH. REV. CODE § 29A.44.205.
15
Voter ID: State Requirements, National Conference of State Legislatures, http://www.ncsl.org/default.aspx?tabid=16602.
3
DSMDB-2952072v3