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News Update
On Aug. 5, 2015 a federal appeals court ruled that at least part of Texas' strict voter ID cannot be enforced. It is uncertain whether the law will continue to be in effect.
The U.S. Supreme Court declined on March 23, 2015, to hear a challenge to Wisconsin’s strict voter ID law. Wisconsin’s law requires a photo identification be shown before a voter is allowed to cast a ballot. The law is now in effect.
North Carolina's law, enacted in 2013, goes into effect in 2016. (Note: North Carolina's 2013 law was a "strict" law; in 2015, the legislature amended it so when it goes into effect in 2016, it will be in the non-strict photo ID category.)
NCSL's History of Voter ID webpage contains a chronology of voter ID legislation from 2000 to the present.
Introduction
A total of 36 states have passed laws requiring voters to show some form of identification at the polls. 33 of these voter identification laws are in force in 2016. Laws in Arkansas, Missouri and Pennsylvania laws have been struck down in their states. Scroll over the map below for state-by state details.
The remaining 17 states use other methods to verify the identity of voters. Most frequently, other identifying information provided at the polling place, such as a signature, is checked against information on file. See NCSL’s Voter Verification Without ID Documents.
Please note that some of the 32 states with voter identification laws in place have enacted stricter requirements with implementation dates in the future. The current, in-effect laws are used here, with footnotes that identify stricter laws to be implemented in 2015 or 2016. A chronology of voter ID legislation since 2000 can also be found on NCSL's History of Voter ID page.
Proponents see increasing requirements for identification as a way to prevent in-person voter impersonation and increase public confidence in the election process. Opponents say there is little fraud of this kind, and the burden on voters unduly restricts the right to vote and imposes unnecessary costs and administrative burdens on elections administrators.
See State-by-State In-Effect Voter ID Requirements (Table Two, far below) for citations and details on what IDs are accepted and what happens when a voter does not have ID.
Voter Identification Laws in Effect in 2015
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|
|
|
|
| Strict Photo ID |
Strict Non-Photo ID |
Photo ID requested |
ID requested; photo not required |
No document required to vote |
Variations in Voter Identification Laws
Voter ID laws can be categorized in two ways. First, the laws can be sorted by whether the state asks for a photo ID or whether it accepts IDs without a photo as well. Second, the laws can be divided by what actions are available for voters who do not have ID. These two categorization schemes can and do overlap.
Photo vs. non-photo identification: Some states request or require voters to show an identification document that has a photo on it, such as a driver’s license, state-issued identification card, military ID, tribal ID, and many other forms of ID. Other states accept non-photo identification such as a bank statement with name and address or other document that does not necessarily have a photo. Using this categorization for laws that are in effect in 2014, 15 states ask for a photo ID and 16 states also accept non-photo IDs. (To see this difference, look at the columns in Table One.)
Procedures for when a voter does not have identification: If a voter fails to show the ID that is asked for by law, states provide alternatives. These laws fit two categories, non-strict and strict. (To see this difference, look at the rows in Table One. )
- Non-strict: At least some voters without acceptable identification have an option to cast a ballot that will be counted without further action on the part of the voter. For instance, a voter may sign an affidavit of identity, or poll workers may be permitted to vouch for the voter. In some of the “non-strict” states (Colorado, Florida, Montana, Oklahoma, Rhode Island, Utah and Vermont), voters who do not show required identification may vote on a provisional ballot. After the close of Election Day, election officials will determine (via a signature check or other verification) whether the voter was eligible and registered, and therefore whether the provisional ballot should be counted. No action on the part of the voter is required. In New Hampshire, election officials will send a letter to anyone who signed a challenged voter affidavit because they did not show an ID, and these voters must return the mailing, confirming that they are indeed in residence as indicated on the affidavit.
- Strict: Voters without acceptable identification must vote on a provisional ballot and also take additional steps after Election Day for it to be counted. For instance, the voter may be required to return to an election office within a few days after the election and present an acceptable ID to have the provisional ballot counted. If the voter does not come back to show ID, the provisional ballot is not counted. Using the non-strict/strict categorization, 21 states have non- strict voter ID requirements, and 10 have strict requirements.
See State-by-State Details on In-Effect Voter ID Requirements (Table 2, far below) for specifics.
Table 1: Voter Identification Laws In Force in 2014**
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|
Photo ID
|
Non-Photo ID
|
|
Strict
|
Georgia
Indiana
Kansas
Mississippi
Tennessee
Virginia
Texas [5]
Wisconsin
|
Arizona
North Dakota
Ohio
|
|
Non-Strict
|
Alabama[2]
Florida
Hawaii
Idaho
Louisiana
Michigan
Rhode Island
South Dakota
North Carolina
|
Alaska
Arkansas[1]
Colorado
Connecticut
Delaware
Kentucky
Missouri
Montana
New Hampshire
Oklahoma[4]
South Carolina[6]
Utah
Washington
|
** This table refers to laws that are in effect in 2014; Pennsylvania also has enacted a strict photo voter ID law, but it has been struck down by state court and is not in effect. Therefore, Pennsylvaia is not included in this chart of in-force laws.
[1] Arkansas's strict photo voter ID law was struck down by the Arkansas Supreme Court, leaving a pre-existing non-strict, non-photo law in effect.
[2] Some might call Alabama’s law a strict photo identification law, because voters who don’t show a photo ID will generally be asked to cast a provisional ballot and then must bring the required ID to an election office by 5 p.m. on Friday after Election Day. However, there is an alternative: two election officials can sign sworn statements saying they know the voter.
[4] Some prefer to call Oklahoma a photo voter ID state, because most voters will show a photo ID before voting. However, Oklahoma law also permits a non-photo voter registration card issued by the appropriate county elections board to serve as proof of identity in lieu of photo ID.
[5] Texas enacted in 2011 a strict photo voter ID law, replacing its existing non-strict, non-photo ID law. It was implemented in 2013. On Oct. 9, 2014 a federal judge struck it down; on Oct. 14, a federal appeals court re-instated the law on the basis that it was too close to the general election to change the rules. On Oct. 18, the U.S. Supreme Court affirmed that the law can be in effect for the November 2014 election. In 2015, a federal appeals court ruled that it cannot be enforced, sending it back to the lower court. It is uncertain whether the law remains in effect, or whether an earlier non-strict, non-photo law in place.
[6] South Carolina has a photo ID requirement, but it does offer an alternative for people with a "reasonable impediment" to obtaining a photo ID. See details in Table 2, below.
First Time Voters
In addition to the laws governing what identification all voters must show at the polls, first time voters may face additional requirements. The federal Help America Vote Act (section 15483(b)(2)(A)) mandates that all states require identification from first-time voters who register to vote by mail and have not provided verification of their identification at the time of registration. The act lists a "current and valid photo identification" or "a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter” as acceptable forms of ID.
Exceptions to Voter Identification Requirements
Most states with strict voter identification requirements make some exceptions. Including exceptions from laws that both are and are not in place for 2014. These exceptions may include people who:
- Have religious objections to being photographed (Arkansas, Indiana, Kansas, Mississippi, South Carolina, Tennessee, Texas, Wisconsin)
- Are indigent (Indiana, Tennessee)
- “Have a reasonable impediment” to getting an ID (South Carolina)
- Do not have an ID as a result of a recent natural disaster (Texas)
- People who are victims of domestic abuse, sexual assault or stalking and have a "confidential listing" (Wisconsin)
Additionally, voter ID requirements generally apply to in-person voting, not to absentee ballots or mailed ballots.
All voters, regardless of the type of verification required by the states, are subject to perjury charges if they vote under false pretenses.
PLEASE NOTE: The information provided below and throughout this webpage should be used for general informational purposes and not as a legal reference. If you have questions regarding the voter ID requirements in your state, please contact your local election administrator.
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