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Voter ID

Voter Identification Requirements | Voter ID Laws

Wendy Underhill 10/31/2014

 

voter with drivers licenseNews Update 

NCSL's History of Voter ID webpage contains a chronology of voter ID legislation from 2000 to the present.

The U.S. Supreme Court on Oct. 18 permitted Texas to use and enforce its strict photo voter ID law for the November 2014 election. The law was enacted in 2011, faces a challenge in federal court. This ruling does not address the constitutionality of the law.  

The Arkansas Supreme Court struck down on Oct. 15 Arkansas' 2013 strict photo voter ID law. A previous law requesting but not requiring an ID will be in effect.

A federal appeals cout on Oct.14 temporarily reinstated Texas' strict photo voter ID law, after a lower court decision on Oct. 9 that struck it down. The appeals court did not rule on the constitutionality of the law; it indicated it is too close to the Nov. 4 election to change the rules of the election.  An appeal to the U.S.Supreme Court has been filed.

The U.S. Supreme Court on Oct. 9 blocked Wisconsin from implementing its photo voter ID law, enacted in 2011. The decision did not rule on the merits of voter ID, but rather that there was not enough time to implement a new election-related law so close to the Nov. 4 general election. A lower court recently ruled that the law requiring that voters show photo ID before being allowed to vote could go into effect while a court case continued.

Also on Oct. 9, a federal court in Texas struck down that state’s voter ID law on the basis that it had a discriminatory effect on minority voters. The law was enacted in 2011 and has been in place for over a year. Now voters will not be required to show an ID to vote in November. An appeal is likely.

On May 8, the governor of Pennsylvania announced he will not appeal a judge's ruling that struck down Pennsylvania's voter ID law, enacted in 2012. The law was never implemented. Pennsylvania will continue with its current voter verification process, by which a voter's signature is compared to a signature on file.

On April 28, the Arkansas Supreme Court stayed a judge's ruling that struck down Arkansas' voter ID law, enacted in 2013. The law remains in effect while the case proceeds. 

Introduction

A total of 34 states have passed laws requiring voters to show some form of identification at the polls. As of October 13, 2014, 31 of these voter identification laws are in force. Pennsylvania's law has been struck down and will not be appealed; North Carolina's law, enacted in 2013, goes into effect in 2016; and Wisconsin has been blocked by the U.S. Supreme Court from implementing its law for 2014, pending a court case.  Scroll over the map below for state-by state details.

The remaining 19 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 31 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 2014

         
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**

 

Photo ID

Non-Photo ID

Strict

Georgia
Indiana
Kansas
Mississippi
Tennessee

Texas[5]
Virginia

 

Arizona
North Dakota
Ohio

Non-Strict

Alabama[2]
Florida
Hawaii
Idaho
Louisiana
Michigan
Rhode Island
South Dakota

 

 

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. North Carolina also enacted a strict photo voter ID law in 2013, with an implementation date in 2016.  Per a U.S. Supreme Court order on October 9, Wisconsin's strict photo voter ID law will not be implemented for the 2014 general election. Therefore, Pennsylvania, North Carolina and Wisconsin are 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.

[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.

2014 Legislation on Voter Identification Requirements

This section last updated June 25, 2014

Voter ID continues to be a high-profile issue in many state legislatures in 2014, although not as active as in the previous three years. In 2013, 30 states considered voter ID legislation. In 2012, legislation was introduced in 32 states. In 2011, 34 states considered voter ID legislation. For 2014, 24 states have proposals to create new voter ID requirements, or amend existing voter ID laws.

The following bills have been introduced in 2014 or are carried over from 2013. Unless otherwise noted, these have been introduced in 2014.

New Voter ID Proposals | Legislation Active in 2014

Illinois—HB 3007, HB 976,SB 1393, SB 1682, SB 1685 (all carried over from 2013); HB 4353, HB 5524

Iowa—HB 485, SB 85 (all carried over from 2013; failed)

Maryland—HB 1094 (failed)

Massachusetts—HB 572, HB 580, HB 586, HB 592, HB 626, HB 3308, SB 335 and SB 339 (all carried over from 2013)

Minnesota—HB 1612 (failed)

Nebraska —L 381 (carried over from 2013), L 622 (both failed)

New York —A 3788, A 3789 and S 100 

West Virginia—HB 2215, HB 3107, HB 3117, HB 4479 (failed)

 

Strengthening Existing Voter ID Laws | Legislation Active in 2014

Alaska—HB 3 (failed)

Colorado—HB 1128 (failed)

Kentucky—SB 10 (failed)

Missouri—SJR 31, HJR 47, SB 511, HB 1073 (passed first chamber)

New Hampshire—HB 1506 (failed)

Oklahoma—HB 2106, HB 2116 (failed); SB 1284 (failed)

 

Other Changes to Voter ID Laws | Legislation Active in 2014

Alabama—SB 166 would require the existing strict photo ID law to be in effect by the 2014 general election (failed)

Arizona—SB 1433 would add student ID cards to list; HB 2246 would sets up a task force to study elections, including studying the demand for provisional ballots based on ID requirements (failed)

Illinois—HB 976 (carried over from 2013) would require Voters Identification cards be provided for those who do not have an acceptable photo ID.

Kansas—HB 2260 (carried over from 2013, failed) would permit the use of an affidavit in lieu of photo identification.

Michigan—HB 4983/SB 467 (carried over from 2013) would expand the list of accepted IDs.

New Hampshire—HB SB 183 (failed) would add ward clerk to list of officers who can check ID (passed first chamber); SB 206 establishes requirements for challenging alternative IDs (enacted).

Oklahoma—HB 3150 would require finger imaging for voter identification purposes.

Pennsylvania — SB 69 and SB 543 would substitute the current list of IDs acceptable for voting purposes with a longer list including several forms that do not bear a photo; HB 876 and SB 636 would expand the authority to issue voter identification to include the district offices of members of the General Assembly' HB 1675 would permit non-photo options. HB 1295 would permit the use of expired documents. All carried over from 2013.

Rhode Island HB 5776 and SB 359 (carried over from 2013) and HB 7767 and SB 2641 (introduced in 2014) would repeal Rhode Island's existing voter identification law; SB 2383 would add options to the list of accepted IDs.

South Carolina HB 3003 would include a student ID card in the list of IDs acceptable for voting purposes; SB 29 provides that a person with a reasonable impediment to producing a valid photograph identification due to a religious objection shall submit a written statement with the provisional ballot; SB 69 would allow electors who fail to produce a valid and current photograph identification to complete a statement at the polling place and affirm that the elector meets certain qualifications.  (All carried over from 2013; all failed.)

Tennessee — HB 252/SB 1082 would permit the use of student IDs for voting; HB 292/SB 1098 would allow the use of ID issued by the county election commission; SB 1082 would permit the use of student IDs. HB 229/SB 125 would change the list of accepted IDs. (All carried over from 2013; all failed.)

Virginia—HB 83 would include a revoked driver’s license to serve as voter ID so long as it is unexpired; HB 564 would allow a reasonable name match against the poll book. All carried over from 2013.(Both failed.)

Wisconsin—AB 493 (carried over from 2013, failed) would permit Election Day attestation to indigence, religious objection, or lack of documents, and would permit veterans identification cards to be used.

 

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.

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

Table 2: State-by-State Details of In-Effect Voter Identification Requirements
State Acceptable Forms of ID Voters Without ID

Alabama

§17-9-30

 

-Valid Alabama driver's license or non-driver ID card

-Valid photo voter ID card or other valid ID card issued by any state or the federal government , as long as it contains a photo

-Valid U.S. passport

-Valid government employee ID card with a photo

-Valid student or employee ID card issued by a college or university in the state, provided it includes a photo

-Valid U.S. military ID card containing a photo

-Valid tribal ID card containing a photo

Vote a provisional ballot or vote a regular ballot if s/he is identified by two election officials as an eligible voter on the poll list, and both election workers sign a sworn affidavit so stating.

If voting a provisional ballot, the voter has until 5:00PM on the Friday after the election to bring the required ID

Alaska

§15.15.225

-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

§16-579(A)

 

-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 5 pm on the fifth business day after a general election that includes an election for federal office, or by 5 pm on the third business day after any other election.

Arkansas

§7-1-101(25)(A)

NOTE: This law has been struck down by the Arkansas Supreme Court. It will not be be in effect for the 2014 general election. A pre-existing non-strict, non-photo ID law is in effect. 
 

NOTE: This law has been struck down by the Arkansas Supreme Court. It will not be be in effect for the 2014 general election. A pre-existing non-strict, non-photo ID law is in effect (Public Act 1454 of 1999).  

 

-A voter ID card issued by the secretary of state

-A document or ID card that:

  • shows the name and photograph of the person to whom it was issued;
  • is issued by the U.S. government, the state of Arkansas, or an accredited postsecondary educational institution in Arkansas; and
  • if displaying an expiration date, is not expired, or expired no more than four years before the date of the election

-"Proof of identity" that complies may include without limitation:

  • a driver's license
  • a photo ID card
  • a concealed handgun carry license
  • a U.S. passport
  • an employee badge or identification document
  • a U.S. military ID card
  • a student ID
  • a public assistance ID
  • a voter ID card

 

NOTE: This law has been struck down by the Arkansas Supreme Court. It will not be be in effect for the 2014 general election. A pre-existing non-strict, non-photo ID law is in effect. 

 

If the voter is listed on the precinct voter registration list but fails to provide proof of identity, the election official shall: (1) Indicate on the precinct voter registration list that the voter did not provide proof of identity; and (2) Permit the voter to cast a provisional ballot. The provisional ballot shall be counted if (1) the voter returns to the county board of election  commissioners or the county clerk by 12:00 p.m. on the Monday following the election and (A) provides proof of identity, or (B) Provides an affidavit stating that the voter cannot provide proof of identity because the voter is indigent or has a religious objection to being photographed; and the voter has not been challenged or required to vote a provisional ballot for any other reason. (§7-5-321)

Colorado

§1-1-104(19.5) and 1-7-110

NOTE:  Since the passage of HB 1303 in 2013, most CO voters now vote by mail. However, at least one location is open on Election Day for in-person voting, and the ID requirement spelled out here applies to those voters.

-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.

The designated election official shall attempt to verify that an elector who cast a provisional ballot is eligible to vote. The designated election official or designee shall complete the preliminary verification of the elector's eligibility to vote before the ballot is counted. (§1-8.5-105)

Connecticut

§9-261

-Social Security card

-Any 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

-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

§101.043

-Florida driver's license

-Florida ID card issued by the Dept. of Highway Safety and Motor Vehicles

-U.S. passport

-Debit or credit card

-Military identification

-Student identification

-Retirement center identification

-Neighborhood association ID

-Public assistance identification

If the elector fails to furnish the required identification, the elector shall be allowed to vote a provisional ballot. The canvassing board shall determine the validity of the ballot by determining whether the elector is entitled to vote at the precinct where the ballot was cast and that the elector had not already cast a ballot in the election.

Florida uses signature matching: the voter signs the provisional ballot envelope. That signature is compared to the signature in the voter registration records. If they match, the ballot is counted.

Georgia

§21-2-417

-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

A voter without one of the acceptable forms of photo identification can vote on a provisional ballot.  He or she will have up to three days after the election to present appropriate photo identification at the county registrar's office in order for the provisional ballot to be counted.

 

Hawaii

§11-136

Poll workers 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.

Idaho

§34-1106(2), 34-1113, 34-1114

-Idaho driver's license

-Idaho ID card

-Passport

-ID card, including a photo, issued by an agency of the U.S. government

-Tribal ID card, including a photograph

-Student ID card, including a photograph, issued by a high school or accredited institution of higher education within the state of Idaho

A voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by the secretary of state and shall require the voter to provide the voter's name and address. The voter shall sign the affidavit.  Any person who knowingly provides false, erroneous or inaccurate information on such affidavit shall be guilty of a felony.

Indiana

§3-5-2-40.5, 3-10-1-7.2 and 3-11-8-25.1

Specific forms of ID are not listed in statute. ID must be issued by the state of Indiana or the U.S. government and must show the following:

-Name of individual to whom it was issued, which must conform to the individual's registration record

-Photo of the person to whom it was issued

-Expiration date (if it is expired, it must have an expiration date after the most recent general election; military IDs are exempted from the requirement that ID bear an expiration date)

-Must be issued by the United States or the state of Indiana

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.

Kansas

§25-2908, 25-1122, 25-3002, and 8-1324(g)(2)

The following forms of identification are valid if they contain the name and photograph of the voter and have not expired. Expired documents are valid if the bearer is aged 65 or older.

-Driver's license issued by Kansas or another state

-State identification card

-Government-issued concealed carry handgun or weapon license

-U.S. passport

-Employee badge or identification document issued by a government office or agency

-Military ID

-Student ID issued by an accredited postsecondary institution in Kansas

-Government-issued public assistance ID card

A voter who is unable or refuses to provide current and valid identification may vote a provisional ballot.

To have his or her ballot counted, the voter must provide a valid form of identification to the county election officer in person or provide a copy by mail or electronic means before the meeting of the county board of canvassers.

Kentucky

§117.227

-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

-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

-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.

Mississippi

§23-15-563
 

-A driver's license

-A photo ID card issued by a branch, department, or entity of the State of Mississippi

-A United States passport

-A government employee ID card

-A firearms license

-A student photo ID issued by an accredited Mississippi university, college, or community/junior college

-A United States military ID

-A tribal photo ID

-Any other photo ID issued by any branch, department, agency or entity of the United States government or any state government

-A Mississippi Voter Identification Card

An individual without ID can cast an affidavit ballot which will be counted if the individual returns to the appropriate circuit clerk within five days after the election and shows government-issued photo ID.

Voters with a religious objection to being photographed may vote an affidavit ballot, which will be counted if the voter returns to the appropriate circuit clerk within five days after the election and executes an affidavit that the religious exemption applies.

Missouri

§115-427

-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 university, 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.

Montana

§13-13-114

-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.

Montana uses signature verification to verify the eligibility of provisional ballots. If the voter's signature on the provisional ballot affirmation matches the signature on the voter's registration record, the ballot is counted. (§13-15-107(2))

 

New Hampshire

§659:13

 

-A driver's license from NH or any other state, regardless of expiration date

-A photo ID card issued by the NH director of motor vehicles

-A voter ID card issued under R.S. 260:21

-A U.S. armed services photo ID card

-A U.S. passport, regardless of expiration date

-A valid student ID card

-Any other valid photo ID issued by federal, state, county or municipal government

-Any other photo ID that is determined to be legitimate by the supervisors of the checklist, the moderator, or the town or city clerk, provided that if any person authorized to challenge a voter under RSA 659:27 objects to the use of such photo identification, the voter shall be required to execute a qualified voter affidavit as if no identification was presented.

-Verification of the voter’s identity by a moderator or supervisor of the checklist or clerk of a town, ward or city (not a ballot clerk). If any person authorized to challenge a voter does so under this provision, the voter shall be required to fill out a challenged voter affidavit before obtaining a ballot.

 

A person’s identity may be verified by a moderator or supervisor of the checklist or the town or city clerk, but if any person authorized to challenge a voter under RSA 659:27 objects to such verification, the voter shall be required to execute a challenged voter affidavit.

If a voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may execute a qualified voter affidavit. The voter may then cast a regular ballot.

By Jan. 10 in odd numbered years or within 90 days after any other election, the secretary of state is required to mail a non-forwardable letter to each voter who executed a qualified voter affidavit, notifying the person that a person who did not present valid photo identification voted using his or her name and address and instruct the person to return the letter within 90 days with a written confirmation that the person voted or to contact the attorney general immediately if he or she did not vote. Any such letters returned as undeliverable must be turned over to the attorney general, who shall investigate for voter fraud. Notice from any voter receiving such a letter that s/he did not vote is also forwarded to the attorney general for investigation. The secretary must also turn over to the attorney general a list of all voters who fail to respond to the letter to confirm that they voted. See the New Hampshire Secretary of State's explanation for details.

North Carolina

NOTE: North Carolina's voter ID law, enacted in 2013, goes into effect in 2016.  Until then, North Carolina voters sign a poll book for identification purposes.

New law in effect in 2016:

An identification card containing a photograph of the registered voter that bears a date of expiration that has not passed and is one of the following:

 

-NC driver's license.

-NC special identification card.

-US passport.

-US military identification card.

 

There is no requirement that this card have a printed issuance or expiration date.

A Veterans Identification Card containing a photo issued by the US Department of Veterans Affairs. There is no requirement that this card have a printed issuance or expiration date.

A tribal enrollment card issued by a federally recognized tribe. If the card does not have an expiration date, it may still be used if the card has a date of issuance that is within 8 years of the date it is presented.

A tribal enrollment card issued by a tribe recognized by North Carolina under Chapter 71A that is (i) issued in accordance with a process approved by the State Board of Elections requiring an application and proof of identity equivalent to the requirements for issuance of a special identification card by the Division of Motor Vehicles, and (ii) signed by an elected official of the tribe.

Driver's license or special identification card issued by another state, D.C., or a territory or commonwealth of the U.S. only if the voter's registration was within 90 days of the election.

People over age 70 may use an expired form of ID.

New Law in effect in 2016:

An individual who voted a provisional ballot due to lack of photo ID is to come in person to the CBOE no later than 12:00 noon on the day before the election canvass to seek the counting of the ballot. If the voter does one of the following at the CBOE, unless otherwise disqualified, the ballot will be counted:

Present Photo ID – A voter may present photo ID that bears a reasonable resemblance to the voter. The elections officials are to determine if the photo ID bears a reasonable resemblance.

Religious Objection – A voter who had not previously filed a religious objection declaration may show a HAVA document and sign a declaration of their religious objection, as well as have an opportunity to complete a declaration for future elections.

North Dakota

§16.1-05-07

-Valid driver's license or state ID card

-Valid passport or federal agency ID card

-Valid government-issued tribal ID card

-Student identification certificate(provided by ND college or university)

-Long-term care identification certificate (provided by ND facility)

If an individual offering to vote does not have or refuses to show an appropriate form of identification, he or she will not able to vote.

Ohio

§3503.16(B)(1)(a) and 3505.18(A)(1)

-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.

Voters who cast a provisional ballot because they did not provide acceptable proof of identity must appear in person at the board of elections to provide such proof within the 10 days immediately following Election Day. (see the Ohio Secretary of State's FAQ on provisional voting)

Oklahoma

26 O.S. 7-114

"Proof of identity" shall mean a document that satisfies the following:

 

-Shows a name that substantially conforms to the name in the precinct registry

-Shows a photograph

Includes an expiration date that is after the date of the election

-Was issued by the United States, state of Oklahoma, or a federally recognized Indian tribe or nation

 

A voter registration card issued by the appropriate county elections board may serve as proof of identity without meeting all of the above requirements.

A provisional ballot cast by a voter who declines or is unable to produce proof of identity shall only be considered verified and approved for counting if the voter's name, residence address, date of birth, and driver's license number or last four digits of social security number as provided on the affidavit match what is in the registration database.

Rhode Island

§17-19-24.2

A valid and current document showing a photo of the person to whom it was issued, including:

 

-RI driver's license

-RI voter identification card

-U.S. passport

-Identification card issued by a U.S. educational institution

-U.S. military identification card

-Identification card issued by the U.S. government or state of RI

-Government-issued medical card

If the person claiming to be a registered and eligible voter is unable to provide proof of identity as required, the person shall be allowed to vote a provisional ballot pursuant to section 17-19-24.2. The local board shall determine the validity of the provisional ballot pursuant to section 17-19-24.3.

Summary of section 17-19-24.3: The local board shall examine each provisional ballot application to determine if the signature matches the signature on the voter's registration.  If the signatures match, the provisional ballot shall count.  If the signatures do not match, the ballot shall not count and shall be rejected as illegal.

South Carolina

§7-13-710

-South Carolina driver's license

-Photo ID card issued by the SC Dept. of Motor Vehicles

-Passport

-Military ID bearing a photo issued by the federal government

-South Carolina voter registration card with a photo

 

Voters who have a reasonable impediment to obtaining photo ID may show a non-photo voter registration card in lieu of photo ID, sign an affidavit attesting to the impediment, and cast a provisional ballot.

From the State Election Commission's web site:

If you have a reasonable impediment to obtaining Photo ID, you may vote a provisional ballot after showing your non-photo voter registration card. A reasonable impediment is any valid reason, beyond your control, which created an obstacle to obtaining Photo ID. Some examples include:

  • Religious objection to being photographed
  • Disability or illness
  • Work schedule
  • Lack of transportation
  • Lack of birth certificate
  • Family responsibilities
  • Election within short time frame of implementation of Photo ID law (January 1, 2013)
  • Any other obstacle you find reasonable

To vote under the reasonable impediment exception:

  1. Present your current, non-photo registration card at the polling place
  2. Sign an affidavit stating why you could not obtain a Photo ID
  3. Cast a provisional ballot that will be counted unless the county election commission has reason to believe your affidavit is false.

If you do NOT have Photo ID and do NOT have a reasonable impediment to obtaining one, or you simply forgot to bring it with you to the polls, you may still vote a provisional ballot. However, for your vote to be counted, you must provide one of the Photo IDs to the county election commission prior to certification of the election (usually Thursday or Friday after the election).

South Dakota

§12-18-6.1 and 6.2

-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.

Tennessee

§2-7-112

 

 

-TN driver’s license

-Valid photo ID card issued by any state

-Valid photo ID license issued by TN Dept. of Safety

-Valid U.S. passport

-Valid U.S. military ID with photo

If a voter is unable to present the proper evidence of identification, then the voter will be entitled to vote by provisional ballot in the manner detailed in the bill. The provisional ballot will only be counted if the voter provides the proper evidence of identification to the administrator of elections or the administrator's designee by the close of business on the second business day after the election.

However, "A voter who is indigent and unable to obtain proof of identification without payment of a fee or who has a religious objection to being photographed shall be required to execute an affidavit of identity on a form provided by the county election commission and then shall be allowed to vote." §2-7-112(f)

Texas

Election Code §63.001 et seq.

 

 

-Driver's license

-Election identification certificate

-Dept. of Public Safety personal ID card

-U.S. military ID

-U.S. citizenship certificate

-U.S. passport

-License to carry a concealed handgun issued by the Dept. of Public Safety

 

All of the above must include a photo of the voter. With the exception of the certificate of citizenship, these forms of ID cannot be expired, or cannot have expired more than 60 days before the election.

 

A voter who fails to present the required identification may cast a provisional ballot.  The voter must present, not later than the sixth day after the date of the election, the required form of identification to the voter registrar for examination OR the voter may execute, in the presence of the voter registrar, an affidavit under penalty of perjury stating that the voter has a religious objection to being photographed or that the voter does not have identification as a result of a natural disaster declared by the president or the governor which occurred not earlier than 45 days before the date the ballot was cast.

Utah

§20A-1-102(83), 20A-3-104

 


 

 

-Current valid UT driver's license

-Current valid identification card issued by the state or federal government

-UT concealed weapon permit

-U.S. passport

-Current valid U.S. military ID card

-Bureau of Indian Affairs card

-Tribal treaty card

-Tribal ID card

 

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

§20A-4-107 states that a county clerk may verify the identity and residence of a voter who fails to provide valid voter identification "through some other means."

 

Virginia

§24.2-643(B)

NOTE:  Beginning on July 1, 2014, Virginia law will require a photo ID in order to vote.

 

Existing law:

 

-Virginia voter registration card

-Social Security card

-Valid 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

-Any valid student ID card issued by any institution of higher education located in Virginia

-Copy of a current utility bill, bank statement, government check or paycheck that shows the name and address of the voter

-Concealed handgun permit

 

New law (all must be current and valid and bear a photo of the voter):

 

-Virginia voter registration card

-United States passport

-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

-Concealed handgun permit

-Any valid student ID card issued by any institution of higher education located in Virginia

-Employee identification card

Any voter who does not show one of the forms of identification specified in this subsection shall be offered a provisional ballot marked ID-ONLY that requires no follow-up action by the registrar or electoral board other than matching submitted identification documents from the voter for the electoral board to make a determination on whether to count the ballot. In order to have his or her ballot counted, the voter must submit a copy of one of the forms of identification to the electoral board by facsimile, electronic mail, in-person submission, or timely United States Postal Service or commercial mail delivery, to be received by the electoral board no later than noon on the third day after the election.

Washington

§29A.40.160(7)(a)

NOTE:  Most WA voters now vote by mail. However, county auditors are required to open at least one vote center where voters can cast a ballot in person, and the ID requirement spelled out here applies to those voters.

The identification must be valid photo identification, such as:

 

-A driver's license

-A state identification card

-A student identification card

-A tribal identification card

-An employer identification card

Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.

Wisconsin

§5.02(6m) and 6.79(2)(a)

NOTE: This law is not in effect for the 2014 general election, per a U.S. Supreme Court Ruling. 

 

NOTE: This law is not in effect for the 2014 general election, per a U.S. Supereme Court Ruling. 

-Wisconsin driver's license

-ID card issued by a U.S. uniformed service

Wisconsin non-driver ID

-U.S. Passport

-Certificate of naturalization issued not more than 2 years before the election

-ID card issued by a federally recognized -Indian tribe in WI

-Student ID card with a signature, an issue date, and an expiration date no later than 2 years after the election

 

All of the above must include a photo and a name that conforms to the poll list.

 

If the ID presented is not proof of residence, the elector shall also present proof of residence.

NOTE: This law is not in effect for the 2014 general election, per a U.S. Supereme Court Ruling. An elector who appears to vote at a polling place and does not have statutory ID shall be offered the opportunity to vote a provisional ballot.

An elector who votes a provisional ballot may furnish statutory ID to the election inspectors before the polls close or to the municipal clerk no later than 4pm on the Friday following Election Day.

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