National Conference of State Legislatures - The Forum for America's Ideas
Legislatures & Elections » Elections & Campaigns » State Requirements for Voter ID
Go 16602

Voter Identification Requirements

Contents

photo of a driver's license

Updated August 31, 2009

First-Time Voters
The federal Help America Vote Act mandates that all states require identification from first-time voters who registered to vote by mail and did not provide verification of their identification with their mail-in voter registration.

Blanket Voter ID
Twenty-five states have broader voter identification requirements than what HAVA mandates.  In these states, all voters are asked to show identification prior to voting.  Seven of these states specify that voters must show a photo ID; the other eighteen states accept additional forms of identification that do not necessarily include a photo (Table 1).  In no state is a voter who cannot produce identification turned away from the polls—all states have some sort of recourse for voters without identification to cast a vote.  However, in Georgia and Indiana, voters without ID vote a provisional ballot, and must return to election officials within a few days and show a photo ID in order for their ballots to be counted.  For specifics on what forms of identification are acceptable and the options available to voters who cannot present identification, see Table 2.


State Requirements for Voter ID

 
Table 1: State Requirements for Voter Identification
 
 
States that Request or Require Photo ID
 
 
States that Require ID (Photo not Required)
 
 
 
 
 
 


Recent Legislative Action

 

Voter ID has been a hot topic in state legislatures over the past decade.  Since 2001, more than 700 bills have been introduced in a total of 46 states.  A dozen states have passed major legislation during this period, and those bills are summarized in the timeline below.

  • 2003:  New voter ID laws were passed in Alabama, Colorado, Montana, North Dakota and South Dakota
  • 2005:  New voter ID laws were passed in Indiana, New Mexico and Washington; Georgia tightened an existing voter ID law to require photo ID
  • 2006:  New voter ID law passed in Ohio; Georgia 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; Missouri tightened an existing voter ID law to require photo ID
  • 2008:  New Mexico relaxed an existing voter ID law, and now allows a voter to satisfy the ID requirement by stating his/her name, address as registered, and year of birth
  • 2009:  New voter ID law passed in Utah

Recent Litigation

 

Arizona:  On October 20, 2006, the U.S. Supreme Court vacated an October 6, 2006 9th Circuit Court of Appeals decision that suspended Arizona’s requirements pending further litigation.  The ID law was in effect for Arizona's 2006 election, and remained in effect in 2008.

Georgia On October 27, 2006, the 11th U.S. Circuit Court of Appeals upheld an injunction barring Georgia from enforcing its photo ID law.  The injunction was issued a week earlier by a U.S. District Court judge.  Georgia's voter ID requirement was reinstated by a federal judge in mid-2007.
Indiana:  Photo ID law was upheld by 7th Circuit U.S. Court of Appeals on January 4, 2007.  The U.S. Supreme Court upheld the ruling on appeal in April 2008.
Michigan The Michigan Supreme Court ruled July 18, 2007 that a voter ID law originally passed in 1996 (but never implemented due to a ruling by the state's Attorney General) is constitutional and enforceable.
Missouri:  On October 16, 2006, the Missouri State Supreme Court struck down the state’s photo ID requirement.  ID is still required to vote, but the list of acceptable forms of ID is much broader and includes some forms without a photo.
Ohio:  On November 1, 2006, the secretary of state issued an order suspending the requirement that voters present photo ID at the polls for the November 2006 election.  The order did not apply to future elections, and voter ID requirements were in effect for 2008.

Details of Voter Identification Requirements

 
Table 2: Details of Voter Identification Requirements
 
State
Requirement
Acceptable Forms of ID
Voters Without ID
§17-11A-1
Each elector shall provide identification to an appropriate election official prior to voting.
  • Government-issued photo ID
  • Employee ID card with photo
  • Alabama college/university ID with photo
  • Utility bill, bank statement, government check or paycheck
  • ID card issued by any state or the U.S. government
  • U.S. passport
  • Alabama hunting license
  • Alabama fishing license
  • Alabama gun permit
  • FAA-issued pilot’s license
  • U.S. military ID
  • Birth certificate (certified copy)
  • Social security card
  • Naturalization document
  • Court record of adoption
  • Court record of name change
  • Medicaid or Medicare card
  • Electronic benefits transfer card
  • Government documents showing name and address of voter
Vote a challenged or provisional ballot or vote, if s/he is identified by two poll workers as an eligible a voter on the poll list, and both poll workers sign the voting sign-in register by the voter’s name.
§15.15.225
Before being allowed to vote, each voter shall exhibit to an election official one form of identification.
  • Official voter registration card
  • Driver’s license
  • Birth certificate
  • Passport
  • Hunting or fishing license
  • Current utility bill, bank statement, paycheck, government check or other government document with the voter’s name and address
An election official may waive the identification requirement if the election official knows the identity of the voter. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.
§16-579A
 
Every qualified elector shall present one form of identification that bears the name, address and photograph of the elector or two different forms of identification that bear the name and address of the elector. 
  • Valid Arizona driver’s license
  • Valid Arizona non-driver identification
  • Tribal enrollment card or other form of tribal identification
  • Valid U.S. federal, state or local government issued identification
  • Utility bill dated within 90 days of the election
  • Bank or credit union statement dated within 90 days of the election
  • Valid Arizona vehicle registration
  • Indian census card
  • Property tax statement
  • Vehicle insurance card
  • Recorder’s Certificate
An elector who does not provide the required identification shall receive a provisional ballot. Provisional ballots are counted only if the elector provides identification to the county recorder by 5pm on the fifth business day after a general election that includes an election for federal office, or by 5pm on the third business day after any other election.
§7-5-305(a)(8)
Election officials shall request the voter to provide identification
  • Driver’s license
  • Government-issued photo ID
  • Voter card
  • Social security card
  • Birth certificate
  • U.S. passport
  • Employee ID card
  • Student ID card
  • Arkansas hunting license
  • U.S. military ID card
  • Copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter
If a voter is unable to provide this identification, the election official shall indicate on the precinct voter registration list that the voter did not provide identification.
§1-1-104(19.5) and 1-7-110
Any eligible elector desiring to vote shall show his or her identification as defined in section 1-1-104 (19.5).
  • Colorado driver’s license
  • CO Dept. of Revenue ID card
  • U.S. passport
  • Employee ID card with photo issued by the U.S. government, CO state government, or political subdivision of CO
  • Pilot’s license
  • U.S. military ID with photo
  • A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector
  • Medicare or Medicaid card
  • Certified copy of birth certificate
  • Certified documentation of naturalization
An eligible elector who is unable to produce identification may cast a provisional ballot. 
 
Elector must mail a photocopy of identification to county clerk in order to have provisional ballot counted. (this paragraph added following a Feb. 2006 conversation with an election official; NCSL staff unable to verify this in CO statutes or rules)
§9-261
Each elector shall present identification
  • Social Security card
  • Other preprinted form of identification which shows the elector’s name and either the elector’s address, signature or photograph
Elector shall, on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement that the elector is the elector whose name appears on the official checklist.
Delaware
Tit. 15, §4937
A voter, upon entering the room where an election is being held, shall announce his or her name and address and provide proof of identity
  • Photo ID
  • Utility bill
  • Paycheck
  • Any government document with voter’s name and address
In the event the voter does not have proof of identity with them, he or she shall sign an affidavit of affirmation that he or she is the person listed on the election district record.
§97.0535(3)(a) and
§101.043
The clerk or inspector shall require each elector, upon entering the polling place, to present a current and valid picture identification as provided in s. 97.0535(3)(a). If the picture identification does not contain the signature of the voter, an additional identification that provides the voter's signature shall be required.
  • Florida driver's license
  • Florida ID card issued by the Dept. of Highway Safety and Motor Vehicles
  • U.S. passport
  • Employee badge or identification
  • Buyer's club identification
  • Debit or credit card
  • Military identification
  • Student identification
  • Retirement center identification
  • Neighborhood association ID
  • Entertainment identification
  • Public assistance identification
The person shall fill out, in his or her own handwriting or with assistance from a member of the election board, the form and make an affidavit to the facts stated in the filled-in form; such affidavit shall then be sworn to and subscribed before one of the inspectors or clerks of the election who is authorized to administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to cast his or her vote, but if the person fails or refuses to make out or file such affidavit, then he or she shall not be permitted to vote.
§21-2-417
Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place.
  • Georgia driver’s license, even if expired
  • ID card issued by the state of Georgia or the federal government
  • Free voter ID card issued by the state or county
  • U.S. passport
  • Valid employee ID card containing a photograph from any branch, department, agency, or entity of the U.S. Government, Georgia, or any county, municipality, board, authority or other entity of this state
  • Valid U.S. military identification card
  • Valid tribal photo ID
If you show up to vote and you do not have one of the acceptable forms of photo identification, you can still vote a provisional ballot.  You will have up to two days after the election to present appropriate photo identification at your county registrar’s office in order for your provisional ballot to be counted.
 
Hawaii
§11-136
Every person shall provide identification if so requested by a precinct official.
Pollworkers request photo ID with a signature. Acceptable types of ID are not specified by law.
If the voter has no identification, the voter will be asked to recite his/her date of birth and residence address to corroborate the information provided in the poll book.
§3-5-2-40.5, 3-10-1-7.2 and 3-11-8-25
A voter who desires to vote an official ballot at an election shall provide proof of identification
Specific forms of ID are not listed. ID must be issued by the state of Indiana or the U.S. government and must show the name and photo of the individual.
Voters who are unable or decline to produce proof of identification may vote a provisional ballot. The ballot is counted only if (1) the voter returns to the election board by noon on the Monday after the election and: (A) produces proof of identification; or (B) executes an affidavit stating that the voter cannot obtain proof of identification, because the voter: (i) is indigent; or (ii) has a religious objection to being photographed; and (2) the voter has not been challenged or required to vote a provisional ballot for any other reason.
§117.227
Election officers shall confirm the identity of each voter by personal acquaintance or by a document.
  • Driver’s license
  • Social Security card
  • Credit card
When the officers of an election disagree as to the qualifications of a voter or if his right to vote is disputed by a challenger, the voter shall sign a written oath as to his qualifications before he is permitted to vote.
§18:562
Each applicant shall identify himself, in the presence and view of the bystanders, and present identification to the commissioners.
  • Louisiana driver’s license
  • Louisiana special ID card
  • Other generally recognized picture identification
If the applicant does not have identification, s/he shall sign an affidavit to that effect before the commissioners, and the applicant shall provide further identification by presenting his current registration certificate, giving his date of birth or providing other information stated in the precinct register that is requested by the commissioners.  However, an applicant that is allowed to vote without the picture identification required by this Paragraph is subject to challenge as provided in R.S. 18:565.
§168.523
Each voter must show a photo ID or sign an affidavit attesting that he or she is not in possession of photo identification.
  • Michigan driver's license
  • Michigan personal identification card
A voter who does not possess either of the above may show any of the following, as long as they are current:
  • Driver's license or personal identification card issued by another state
  • Federal or state government-issued photo ID
  • U.S. passport
  • Military ID with photo
  • Student ID with photo -- from a high school or accredited institution of higher education
  • Tribal ID with photo
 
An individual who does not possess, or did not bring to the polls, photo ID, may sign an affidavit and vote a regular ballot.
§115-427
Before receiving a ballot, voters shall establish their identify and eligibility to vote at the polling place by presenting a form of personal identification.
  • Identification issued by the federal government, state of Missouri, an agency of the state, or a local election authority;
  • Identification issued by Missouri  institution of higher education, including a univeristy, college, vocational and technical school;
  • A copy of a current utility bill, bank statement, paycheck, government check or other government document that contains the name and address of the voter;
  • Driver's license or state identification card issued by another state.
If an individual does not possess any of these forms of identification, s/he may still cast a ballot if two supervising election judges, one from each major political party, attest they know the person.
§13-13-114
Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge a current photo identification showing the elector's name.  If the elector does not present photo identification the elector shall present one of several specified documents showing the elector’s name and current address.
  • Driver’s license
  • School district or postsecondary education photo identification
  • Tribal photo identification
  • Current utility bill, bank statement, paycheck, notice of confirmation of voter registration, government check, or other government document that shows the elector's name and current address
If the identification presented is insufficient to verify the elector's identity and eligibility to vote or if the elector's name does not appear in the precinct register, the elector may sign the precinct register and cast a provisional ballot.
 
§16.1-05-07
Before delivering a ballot to an individual, the poll clerks shall request the individual to show identification.
 
  • An official form of identification issued by the state
  • An official form of identification issued by a tribal government
  • A form of identification prescribed by the secretary of state
If an individual offering to vote does not have or refuses to show an appropriate form of identification, the individual may be allowed to vote without being challenged if the individual provides to the election board the individual's date of birth and if a member of the election board or a clerk knows the individual and can personally vouch that the individual is a qualified elector of the precinct. Otherwise, the individual may vote as a challenged voter by executing an affidavit that the challenged individual is a legally qualified elector of the precinct.
§3503.16(B)(1)(a) and 3505.18(A)(1)
All voters must provide to election officials at the polling place on the day of an election proof of the voter's identity. Also applies to voters requesting and voting an absentee ballot.
  • Current and valid photo identification, defined as a document that shows the individual’s name and current address, includes a photograph, includes an expiration date that has not passed, and was issued by the U.S. government or the state of Ohio
  • Current utility bill
  • Current bank statement
  • Current government check, paycheck or other government document
A voter who has but declines to provide identification may cast a provisional ballot upon providing a social security number or the last four digits of a social security number. A voter who has neither identification nor a social security number may execute an affidavit to that effect and vote a provisional ballot. A voter who declines to sign the affidavit may still vote a provisional ballot.
§7-13-710
When any person presents himself to vote, he shall produce his valid South Carolina driver’s license or other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration.
  • Voter registration certificate
  • South Carolina driver’s license
  • South Carolina Dept. of Motor Vehicles photo ID card
Voters without ID may be permitted to vote a provisional ballot.  This varies from county to county. Whether the provisional ballot is counted is at the discretion of the county commissioners at the provisional ballot hearing.
§12-18-6.1 and 6.2
When a voter is requesting a ballot, the voter shall present a valid form of personal identification.
  • South Dakota driver’s license or nondriver identification card
  • U.S. passport
  • Photo ID issued by an agency of the U.S. government
  • Tribal ID card, including a photo
  • Student ID card, including a photo, issued by an accredited South Dakota school
If a voter is not able to present a form of personal identification as required, the voter may complete an affidavit in lieu of the personal identification.  The affidavit shall require the voter to provide his or her name and address. The voter shall sign the affidavit under penalty of perjury.
§2-7-112
A voter must sign an application for a ballot. The voter's signature and information on the signature list is compared with other evidence of identification supplied by the voter.
  • Voter registration certificate
  • Tennessee driver’s license
  • Social Security card
  • Credit card bearing voter’s signature
  • Other document bearing voter’s signature
If a voter is unable to present any evidence of identification, the voter shall be required to execute an affidavit of identity on a form provided by the county election commission.
Election Code §63.001 et seq.
On offering to vote, a voter must present the voter’s voter registration certificate to an election officer at the polling place.
 
  • Voter registration certificate
  • Driver’s license
  • Department of Public Safety ID card
  • A form of ID containing the person’s photo that establishes the person’s identity
  • A birth certificate or other document confirming birth that is admissible in a court of law and establishes the person’s identity
  • U.S. citizenship papers
  • A U.S. passport
  • Official mail addressed to the person, by name, from a governmental entity
  • A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the person’s name and address
  • Any other form of ID prescribed by the secretary of state
 
A voter who does not present a voter registration certificate when offering to vote, but whose name is on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for voting if the voter executes an affidavit stating that the voter does not have the voter’s voter registration certificate in the voter’s possession and the voter presents other proof of identification. A voter who does not present a voter registration certificate and cannot present other identification may vote a provisional ballot. A voter who does not present a voter registration certificate and whose name is not on the list of registered voters may vote a provisional ballot.
Utah
§20A-1-102(76), 20A-3-104
A voter shall present valid voter identification to one of the poll workers.
  • Current valid UT driver's license
  • Current valid identification card issued by the state or federal government
  • UT concealed weapon permit
  • U.S. passport
  • Tribal ID
OR
  • Two forms of ID that bear the name of the voter and provide evidence that the voter resides in the precinct
The voter may cast a provisional ballot as provided by §20A-3-105.5
§24.2-643(B)
The officer shall ask the voter to present any one of the specified forms of identification.
  • Virginia voter registration card
  • Social Security card
  • Virginia driver's license
  • Any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States
  • Employee identification card containing a photograph
If a voter is entitled to vote except that he is unable to present one of the forms of identification listed above, he shall be allowed to vote after signing a statement, subject to felony penalties for false statements, that he is the named registered voter who he claims to be.
Washington
§29A.44.205
Any person desiring to vote at any primary or election is required to provide identification to the election officer before signing the poll book.
  • Valid photo identification, such as a driver's license or state identification card, student identification card, or tribal identification card
  • A voter identification issued by a county elections officer, or
  • A copy of a current utility bill, bank statement, paycheck, or government check or other government document
Any individual who desires to vote in person but cannot provide identification as required by this section shall be issued a provisional ballot.


For More Information

For more information on the issue of voter identification, contact NCSL's elections staff.

 

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2009 National Conference of State Legislatures.  All Rights Reserved.