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Voter ID 2012 Legislation

Voter ID:  2012 and 2011 Legislation

2012 information last updated Janary 10, 2013

2012 (see below for 2011)

Voter ID continued to be a high-profile issue in many state legislatures in 2012. In 2011, 34 states considered voter ID legislation. In 2012, legislation was introduced in 32 states. That includes new voter ID proposals in 14 states, proposals to strengthen existing voter ID laws in ten states, and bills in ten states to amend existing laws, many of them new voter ID laws passed in 2011.

New Voter ID Proposals in 2012

  • Illinois--HB 3058, HB 3903, HB 5213, , HB 5462, SB 2035, SB 2496, SB 3750: all failed (carried over from 2011)
  • Iowa--HSB 528, HF 95 and SF 142: failed (adjourned)
  • Maine--LD 199: failed (amended significantly and no longer relates to voter ID (carried over from 2011))
  • Maryland--HB 113, HB 705 and SB 412: failed (adjourned)
  • Massachusetts--multiple bills: all failed (all carried over from 2011)
  • Minnesota--HB 2738: passed by the legislature, but rejected by voters in November 2012) ; HB 2639, HB 2644, SB 1659, HB 89, HB 210, HB 302, HB 1577, HB 1578, HB 1597, HB 1662, SB 169, SB 354 and SB 479: failed (adjourned)
  • Nebraska--LB 239 and 605: failed (adjourned)
  • New Hampshire--SB 289: enacted (requires pre-clearance) / HB 356: referred for interim study (HB 356 carried over from 2011)
  • New Jersey--A 674 and S 200: failed
  • New Mexico--HB 113, HB 207 and HB 235: all failed (adjourned)
  • New York--A 2868, A 3373, A 6867, A 9041, S 7112: all failed (all carried over from 2011)
  • North Carolina--HB 862, SB 352 and SB 595: all failed (all carried over from 2011)
  • Pennsylvania--HB 934: enacted
  • West Virginia--HB 3219, HB 4387, SB 532: failed (adjourned)

Strengthening Existing Voter ID Laws (2012)

  • Alaska--HB 162: failed (adjourned)
  • Colorado--HB 1111: failed (adjourned)
  • Delaware--HB 199 and HB 200: failed (carried over from 2011)
  • Florida--HB 4129: failed (adjourned)
  • Hawaii--HB 1359 and HB 2221: failed (adjourned)
  • Kentucky--HB 520: failed (adjourned)
  • Missouri--HB 1104, HCR 53, HJR 89 and SB 442: failed (adjourned)
  • Ohio--HB 159: pending in senate committee (carried over from 2011)
  • Oklahoma--HB 2821; failed (adjourned)
  • Virginia--HB 9/SB 1 (companion bills): enacted / HB 569, HB 828, HB 1084: failed

Other Legislation (2012)

  • Georgia--HB 707: allows photo student ID for voting purposes; failed
  • Kansas--HB 2720: allows tribal ID card for voting purposes; failed
  • Michigan--SB 751: requires photo ID for early voting; failed
  • Mississippi-- HB 921: enacted / HB 121, HB 883,HB 2774: implement the voter ID constitutional amendment approved by voters in November 2011; all failed
  • Oklahoma--HB 3003: allows student ID for voting purposes; failed
  • Pennsylvania--HB 2347: permits a VA health benefits card for voting purposes; failed
  • Rhode Island--HB 7219: repeals voter ID requirement; pending in house committee / HB 7854: would require local boards of canvassers to report to state board of elections data on the number of provisional ballots cast, counted and rejected: failed
  • South Carolina--HB 3180: allows photo student ID for voting purposes; failed (carried over from 2011)
  • Tennessee--HB 2176, HB 3336, HB 3751, SB 2139, SB 2504 and SB 3141: repeals new voter ID requirement and returns to previous non-photo ID law; all pending in committee in chamber of origin; all failed
  • Tennessee--HB 324: requires proof of citizenship to register to vote; pending in house committee (carried over from 2011) / HB 393: withdrawn
  • Tennessee--HB 1727 and SB 1381: allows photo student ID for voting purposes; pending in committee in chamber of origin (carried over from 2011); failed
  • Tennessee--HB 1731: allows person aged 65 or older who is unable to obtain birth certificate to execute an affidavit of identity; pending in committee in chamber of origin  (carried over from 2011) / SB 1360: withdrawn
  • Tennessee--HB 2062 and SB 1829: allows a voter without proof of ID to, during the early voting period, execute an affidavit of identity and pose for a digital photograph at election official offices and thereupon be allowed to vote; pending in committee in chamber of origin (carried over from 2011); failed
  • Tennessee--HB 2063 and SB 1828: clarifies that persons aged 65 or older are not required to show ID to vote; pending in committee in chamber of origin (carried over from 2011); failed
  • Tennessee--HB 2177 and SB 3707: allows county election commission to issue free photo ID for voting; requires voter to sign affidavit of identity; both pending in house in chamber of origin; failed
  • Tennessee--HB 2178 and SB 3708: allows valid photo employee ID card issued by a TN municipality or county for voting purposes; both pending in committee in chamber of origin; failed
  • Tennessee--HB 2190 and SB 2366: exempts a person aged 65 or older from voter ID requirement; pending in committee in house of origin; failed
  • Tennessee--HB 2219 and SB 3255: authorizes an ID card from certain transit authorities as valid ID for voting; both pending in committee in chamber of origin; failed
  • Tennessee--HB 2231 and SB 2378: allows a valid photo employee ID issued by a county or city for voting purposes; pending in committee in chamber of origin; failed
  • Tennessee--HB 2242, HB 2730, SB 2379 and SB 2447: allows photo student ID for voting purposes; pending in committee in chamber of origin; failed
  • Tennessee--HB 2252 and SB 3494: requires coordinator of elections to create a program enabling precinct registrars to search Dept. of Safety records to obtain a photograph of an elector if s/he is unable to present photo ID for voting; both pending in committee in chamber of origin; failed
  • Tennessee--HB 2305 and SB 2451: allows a photo ID issued by an election commission for voting purposes; pending in committee in chamber of origin; failed
  • Tennessee--HB 2331 and SB 3066: requires the coordinator of elections, in conjunction with the commissioner of safety, to equip a mobile unit or units to travel throughout the state to issue photo identifications to those meeting the requirements to obtain a photo identification free of charge to vote; both pending in committee in chamber of origin; failed
  • Tennessee--HB 2586, SB 2377 and SB 2465: requires secretary of state to publicize the photo identification requirement at least 30 days prior to early voting for the primary and general elections in 2012 via public service announcements on radio and television; all pending in committee in chamber of origin; failed
  • Tennessee--HB 3195: allows state employee upon retirement to keep such employee's photo identification card issued by the state and specifies such card may be used as valid photo id for voting purposes; pending in house committee; failed
  • Tennessee--HB 3388 and SB 3378: exempts any person presenting evidence of honorable discharge from the military at the time of application for ballot from voter ID requirements; both pending in committee in chamber of origin; failed
  • Tennessee--HB 3753 and SB 3089: exempts a person 60 years of age and Older who does not have a valid driver license with a photo from voter ID requirements; pending in committee in chamber of origin; failed
  • Tennessee--HB 3747 and SB 3728: allows person voting in county where no driver license station is located and who does not possess photographic identification to execute affidavit of identity at county election commission office during early voting and have digital photograph taken there prior to being able to vote; pending in committee in chamber of origin; failed
  • Virginia--SB 663: adds concealed handgun permit to the list of ID acceptable for voting purposes; enacted
  • Wisconsin--AB 460: allows photo student ID for voting purposes; pending in assembly committee: failed
  • Wisconsin--AB 525: requires ID with absentee ballot application; pending in assembly committee: failed
  • Wisconsin--AB 639: allows technical college IDs for voting purposes; removes requirement that any college/university ID bear a signature and expiration date in order to suffice for voting purposes: failed
  • Wisconsin--AB 724: allows veterans' ID cards at proof at the polls: failed
  • Wisconsin--AB 738: relates to mobile stations for processing driver's license applications and affidavit by certain electors as proof of identity failed
  • Wisconsin--SB 165: allows a a resident of Milwaukee County to obtain a free birth certificate if s/he needs it in order to obtain a driver's license or identification card for the purpose of voting; pending in senate committee (carried over from 2011): failed
  • Wisconsin--SB 247: exempts individuals who are at least 65 years of age from the requirement to provide proof of identification for voting; pending in senate committee (carried over from 2011): failed
  • Wisconsin--SB 323: provides that a person may obtain a free birth certificate for one year following the effective date of the bill if s/he needs it in order to obtain a driver's license or identification card for the purpose of voting; pending in senate committee (carried over from 2011): failed
  • Wisconsin--SB 481: provides that a student ID used for voting purposes need not contain a signature of the voter or an expiration date; pending in senate committee: failed
  • Wisconsin--SB 553: adds veterans ID card to the list of IDs permissible for voting; pending in senate committee: failed

 

2011

2011 information last updated Jan. 26, 2012

Voter ID was the hottest topic of legislation in the field of elections in 2011, with legislation introduced in 34 states.  There were just three states--Oregon, Vermont and Wyoming--that didn't have a voter ID law and didn't consider voter ID legislation that year. The voter ID legislation under consideration fell into two general categories:  proposals for new voter ID laws in states that did not already require voter ID at the polls, and proposals to strengthen existing voter ID requirements in order to require photo ID at the polls.

New Voter ID Proposals (2011)

These 20 states did not have laws requiring voter ID at the polls at the beginning of 2011, but saw legislation proposing it during the year.  Three state legislatures enacted new voter ID requirements--Kansas, Rhode Island and Wisconsin.  Governors in Minnesota, New Hampshire and North Carolina vetoed voter ID bills in 2011.  In Minnesota, supporters have vowed to pass a new bill in the 2012 session that would bypass the governor and go to the voters for approval instead.  This strategy is similar to what the Oklahoma legislature did in 2009 and 2010.  Mississippi voters approved a citizen initiative proposing voter ID in November 2011; that constitutional amendment will require the passage of implementing legislation before it can take effect.

  • California--AB 663 and 945: failed
  • Illinois--HB 3058 and SB 2035: adjourned; carried over to 2012 session
  • Iowa--HF 8, HF 95, SF 142: adjourned; carried over to 2012 session
  • Kansas--HB 2067: enacted
  • Maine--LD 199: adjourned; carried over to 2012 session 
  • Maryland--HB 288 and 701: failed
  • Massachusetts--adjourned; carried over to 2012 session
  • Minnesota--SB 509:  vetoed
  • Mississippi--multiple bills: all failed; however, voters approved a citizen initiative on the Nov. 8 ballot
  • Nebraska--LB 239 and 605: adjourned; carried over to 2012 session
  • Nevada--SB 373 failed
  • New Hampshire--SB 129: vetoed
  • New Jersey--A 1725: failed
  • New Mexico--HB 308, HB 577, SB 363: failed
  • New York--multiple bills: carried over to 2012 session 
  • North Carolina--HB 351: vetoed 
  • Pennsylvania--HB 934: adjourned; carried over to 2012 session (passed the House in 2011)
  • Rhode Island--SB 400/HB 5680: enacted
  • West Virginia--HB 3219: failed
  • Wisconsin--AB 7: enacted

Strengthening Existing Voter ID Laws (2011)

At the beginning of 2011, 27 states had non-photo voter ID laws.  Fourteen of these 27 considered legislation that year to require photo ID at the polls.  Three states--South Carolina, Tennessee and Texas--enacted strict photo ID requirements, and Alabama enacted a new voter ID law that is somewhat less strict than the new laws in SC, TN and TX, yet stricter than the old law it replaces.  The new laws in Alabama, South Carolina and Texas can't take effect until they receive pre-clearance from the U.S. Department of Justice.  Governors in Missouri and Montana vetoed stricter voter ID laws in 2011.

  • Alabama--HB 19: enacted
  • Alaska--HB 162: adjourned; carried over to 2012
  • Arkansas--HB 1797: failed
  • Colorado--HB 1003: failed
  • Connecticut--HB 5231, SB 604 and 647: failed
  • Delaware--HB 199 and HB 200; adjourned; carried over to 2012
  • Hawaii--HB 1359: adjourned; carried over to 2012
  • Missouri--SB 3: vetoed and SJR 2: approved (must be approved by voters in November 2012 before it takes effect; also requires the passage of implementing legislation)
  • Montana--HB 152: vetoed
  • Ohio--HB 159: adjourned; carried over to 2012 session (passed the House in 2011)
  • South Carolina--HB 3003: enacted
  • Tennessee--SB 16: enacted
  • Texas--SB 14: enacted
  • Virginia--multiple bills: failed

 

For More Information

Visit NCSL's Voter ID web page, or contact NCSL's elections team at 303-364-7700.

 

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