Requirements for Voter Identification

Updated January 9, 2008

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.

Recent Legislative Action
New voter ID laws passed in 2003: Alabama, Colorado, Montana, North Dakota, South Dakota
New voter ID laws passed in 2005: Indiana, New Mexico, Washington
Also in 2005: Georgia tightened its existing voter ID law to require photo ID
2006: Georgia passed SB 84, 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. Georgia's voter ID law was enjoined from enforcement in July 2006. This affects the primary, general and any runoff elections in 2006.
Also in 2006: Missouri tightened its existing voter ID law to require photo ID.

Recent Litigation

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

Georgia: On October 27, 2006, the 11^th 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 7^th Circuit U.S. Court of Appeals on January 4, 2007. The U.S. Supreme Court has agreed to hear an appeal of this case in late early 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.

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.

Table 1: State Requirements for Voter Identification

States That Request Photo ID
Florida
Georgia
Hawaii
Indiana
Louisiana
Michigan
South Dakota

States that Require ID (photo not required)
Alabama
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Kentucky
Missouri
Montana
New Mexico
North Dakota
Ohio
South Carolina
Tennessee
Texas
Virginia
Washington

***Table 2: Details of Voter Identification Requirements*
State	Requirement	Acceptable Forms of ID	Voters Without ID
Alabama §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 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.
Alaska §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.
Arizona §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.
Arkansas §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.
Colorado §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.
Connecticut §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.
Florida §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.
Georgia §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 Valid ID card issued by the state of Georgia or the federal government Free votoer ID card issued by the state or county U.S. passport Valid employee ID card containing a photograph, issued by any brand, department, agency or entity of the U.S. government, Georgia or any county, municipality, board, authority or other entity of the state. Valid U.S. military identification card	If you come to the polls without one of these forms of ID, you can still vote a provisional ballot. You will have up to two days after the election to present appropriate photo ID ar your county registrar's office in order for your 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.
Indiana §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.
Kentucky §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.
Louisiana §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.
Michigan §168.523	Each voter must show a photo ID or sign an affidavit attesting that he or she is not in the possession of photo identification.	Michigan driver's license Michigan personal identification card A voter who does not have either of the above may show any of the following, as long as they are current: Driver's license or personal ID 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.
Missouri (a) §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 state of Missouri, an agency of the state, or a local election authority of the state; Identification issued by the United States government or agency thereof; Identification issued by an institution of higher education, including a univeristy, college, vocational and technical school, located within the state of Missouri; 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.
Montana §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.
New Mexico §1-12-7.1(D)	All voters must provide identification.	An Original or copy of a current and valid photo identification with or without an address, which address is not required to match the voter's certificate of registration or a voter identification card Utility bill Bank statement Government check Paycheck Student identification card Other government document, including identification issued by an Indian nation, tribe or pueblo (All of the above must show the name and address of the person, the address of which is not required to match the voter's certificate of registration) Verbal or written statement of the voter’s name, year of birth and unique identifier	If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot and shall provide the required voter identification to the county clerk's office before the county canvass begins, or to the precinct board before the polls close, or the voter's provisional ballot shall not be qualified. If the required voter identification is provided, the voter's provisional ballot shall be qualified and the voter shall not vote on any other type of ballot.
North Dakota §16.1-05-07	Before delivering a ballot to an individual, the poll clerks shall request the individual to show identification.	Driver’s license State identification card Federally issued ID card: passport or agency ID card Tribal government issued ID card Student ID card U.S. military ID card Utility bill dated 30 days prior to election day with name and residential address Change of address verification letter from the U.S. Postal Service	If an individual offering to vote fails 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.
Ohio §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.
South Carolina §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 premitted to vote a provisional ballot. This varies from county to county. Whether the provisional ballot is counted is at the discretion of the county commisioners at the provisional ballot hearing.
South Dakota §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 a 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.
Tennessee §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.
Texas 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 OR 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.
Virginia §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	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 or a tribal identification card. A voter's identification card 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 shall be issued a provisional ballot.

a) Missouri’s photo ID law was struck down by the Missouri State Supreme Court on October 16, 2006. ID is still required to vote, but the list of acceptable forms of ID is much broader and includes some forms without a photo.

For more information on elections, contact Jennie Drage Bowser or Tim Storey at elections-info@ncsl.org.