Legislative Action Bulletin:  May 19, 2011

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Voter ID Scorecard

The number of states that ask voters to show identification before voting at the polls continues to grow. Back in 2002, just 16 states had such laws. With the passage of a new voter ID laws this year in Kansas, that number now stands at 28 and is certain to grow before the 2012 election rolls around. And the number of states requiring photo ID is now ten, with the governor's signature yesterday on HB 3003 in South Carolina.

Legislatures in Missouri and Texas have sent voter ID bills to the governor over the past 10 days. Legislatures in Iowa, Minnesota and Tennessee have voter ID bills actively moving through the process and are due to adjourn before the end of May, making them the next batch of states to keep an eye on for voter ID action. Minnesota’s bill is in conference committee, while Iowa’s appears to have stalled in the Senate after the House gave its approval earlier this year. The Tennessee bill is awaiting Senate concurrence with House amendments. A voter ID bill already approved by the Assembly is expected to come up for a vote in the Wisconsin Senate today. 

Seldom do we see a single elections issue sweep the nation as we have with voter ID. Indeed, there are only three states that do not have a voter ID law and have not considered one in 2011—they are Oregon (where the vast majority of voters cast their ballots by mail, rendering polling place voter ID a moot issue), Vermont and Wyoming. 

Learn more about voter ID on NCSL’s website.

Sent to Governors

A flurry of election legislation has landed on governors’ desks in the past two weeks. Some of the more significant bills include:

• Florida: H 227 would allow certain overseas voters to use the Federal Write-In Absentee Ballot (FWAB) for any federal, state or local election involving two or more candidates. (Florida election laws do not currently acknowledge the FWAB.)

• Florida: H 1355, an omnibus elections bill, would add to the regulation of third-party registration drives, decrease the early voting period by six days, and expand the use of ballot-on-demand technology. It also would prevent a person from claiming the 10-cent per signature petition verification fee an undue burden if he or she collected contributions or paid petition circulators.

• Hawaii: HB 545 would allow electronic voter registration.

• New Jersey: S 2756 would create a permanent absentee voter list.

Signed and Vetoed

In Arkansas, lawmakers enacted a total of 14 elections bills this year, including:

• HB 1827, which moves the political party ballot access from late June to early April and requires new political parties to hold their conventions no later than primary election day.

• HB 1995, which requires schools to excuse students who serve as election workers.

• HB 2074, which implements portions of the federal Military and Overseas Voters Empowerment Act (MOVE) that deal with the electronic transmission of blank absentee ballots, applications for voter registration and applications for absentee ballots, as well as a free access system for overseas voters to determine whether their ballot has been received.

The Georgia governor signed HB 92, which changes the date when early voting period begins from the 44th day to the 4th Monday prior to the election. The governor also signed two bills changing primary dates: HB 302 moves the state primary from August to July, and HB 454 allows the secretary of state to select the presidential primary date, rather than setting a February date in state law.

The Indiana governor signed HB 1242, an omnibus elections bill. A controversial  provision of the bill allows the Republican Party to retain its ballot status even if  Secretary of State Charlie White is eventually found to have been ineligible to run for office in 2010 due to improper voter registration (Indiana’s ballot access laws are tied to the votes cast for candidates for secretary of state).

In Montana, the governor signed HB 530, which allows election officials to open and prepare absentee ballots for counting prior to Election Day, when counting may begin. As expected, the governor vetoed HB 152, which would have added a photo requirement to the state’s voter ID law.

Washington Governor Christine Gregoire signed SB 5119, canceling the 2012 presidential primary. Washington’s political parties will hold caucuses to select their nominees, as they did when the presidential primary was canceled in 2004. The governor also signed HB 1000 and SB 5171, which together implement MOVE and set the state primary date two weeks earlier.

Session News

Adjournment season is upon us! Since the last issue of the LAB, 10 states have adjourned. Upcoming ones include:

• May 23: Minnesota

• May 27: Oklahoma

• May 30: Texas

• Late May: Iowa, Nebraska, Tennessee

• June 2: South Carolina (may be extended by a two-thirds vote)

• June 6: Nevada

• June 8: Connecticut

View a complete 2011 session calendar on NCSL’s website.

By the Numbers

For More Information

Contact NCSL's elections staff at 303-364-7700.