Voter Identification Requirements

Voter ID Requirements Currently in Effect

Strict Photo	Photo	Non-Photo	No Voter ID Law

South Carolina's strict new photo ID law has been granted pre-clearance by a federal district court, but will not be implemented until 2013.
Enforcement of Pennsylvania's voter ID law has been postponed until 2013 by a state judge.
Alabama will become a photo ID state in 2014 if its new law receives pre-clearance under Section 5 of the Voting Rights Act.
Mississippi and Texas have new strict photo ID laws which may take effect in future elections if they receive pre-clearance under Section 5 of the Voting Rights Act.
Wisconsin's new strict photo ID law was held unconstitutional on March 12, 2012. It could take effect before November 2012 if that ruling is reversed by a higher court.

Updated October 24, 2012

Latest News

October 11, 2012: A federal district court in Washington, D.C. has granted pre-clearance for South Carolina's voter ID law, but delayed implementation until 2013. The state's older, less strict ID law will remain in effect for the November 2012 election.

October 2, 2012: A state judge temporarily halted enforcement of Pennsylvania's voter ID law for the November election. The judge stated that an insufficient number of IDs had been issued for voting purposes at the five-week mark preceding the election, and ordered that while poll workers can still ask voters for ID, they must allow those without ID to vote. Read the order here. There will be a status conference on December 13, 2012 to prepare for a trial on the application for a permanent injunction.

September 4, 2012: The Dept. of Justice granted pre-clearance for New Hampshire's voter ID law.

August 30, 2012: A federal district court in Washington, D.C. has denied pre-clearance for Texas's voter ID law. Pre-clearance was denied by the U.S. Dept. of Justice in March 2012 and Texas applied to the court for reconsideration. Any appeal of today's opinion would go to the U.S. Supreme Court.
August 22, 2012: The U.S. Department of Justice granted pre-clearance for Virginia's amendment to its voter ID law, meaning it can be used in the November election. Virginia's law is not as strict as the laws that were denied pre-clearance in South Carolina and Texas.

Introduction

Thirty states presently have laws in place that will require all voters to show ID at the polls this November. That number could rise; a total of thirty-three states have passed voter ID laws. Mississippi, Pennsylvania and Wisconsin presently have no voter ID requirement in place, even though laws have been enacted in those states. In Mississippi's case, the strict photo ID amendment passed by citizen initiative in November 2011 requires both implementing legislation and pre-clearance under Section 5 of the Voting Rights Act before it can be implemented. Wisconsin's new strict photo ID law, passed by the legislature in 2011, was briefly in effect in early 2012, but it was declared unconstitutional by a state judge on March 12, 2012. The state is barred from enforcing the law unless an appeal overturns the March 12 ruling. Pennsylvania's new voter ID law will not be in effect for the November 2012 elections after a state judge temporarily enjoined enforcement on October 2, 2012.
In Alabama, South Carolina and Texas, less-strict voter ID laws that pre-date the strict new laws passed in 2011 remain in effect for now. Alabama's new voter ID law has a 2014 effective date, and requires Section 5 pre-clearance. Texas and South Carolina were denied pre-clearance for their new voter ID laws by the U.S. Department of Justice; as in Alabama, older, non-photo ID laws remain in effect while both states seek a reconsideration of pre-clearance from a federal court.
The 33 voter ID laws that have been enacted vary in their details. Two key distinctions are whether a law is strict or not, and whether or not the ID must include a photo.

Strict vs. Non-Strict: In the "strict" states, a voter cannot cast a valid ballot without first presenting ID. Voters who are unable to show ID at the polls are given a provisional ballot. Those provisional ballots are kept separate from the regular ballots. If the voter returns to election officials within a short period of time after the election (generally a few days) and presents acceptable ID, the provisional ballot is counted. If the voter does not come back to show ID, that provisional ballot is never counted.
Photo vs. Non-Photo: Seventeen states require that the ID presented at the polls must show a photo of the voter. Some of these are "strict" voter ID laws, in that voters who fail to show photo ID are given a provisional ballot and must eventually show photo ID in order to get that provisional ballot counted. Others are "non-strict," and voters without ID have other options for casting a regular ballot. They may be permitted to sign an affidavit of identity, or poll workers may be able to vouch for them if they know them personally. In these "non-strict" states, voters who fail to bring ID on Election Day aren't required to return to election officials and show ID in order to have their ballot counted. In the other 16 voter ID states, there is a wide array of IDs that are acceptable for voting purposes, some of which do not include a photo of the voter. Again, some of these states are "strict" in the sense that a voter who fails to bring ID on Election Day will be required to vote a provisional ballot, and that provisional ballot will be counted only if the voter returns to election officials within a few days to show acceptable ID.

For specifics on what forms of identification are acceptable and the options available to voters who cannot present identification, see Table 2 .

States that Have Enacted Voter ID Laws

Not all of the laws listed below have taken effect. Please see the footnotes for detailed information.

*Table 1. State Requirements for Voter Identification*
*States that Request or Require Photo* ID**		States that Require ID (Photo Not Required)
Strict Photo ID In effect in 2012: Georgia Indiana Kansas Tennessee *Not in effect in 2012:* Mississippi (6) Pennsylvania (7) South Carolina (1) Texas (1) *Wisconsin (2)	Photo ID *In effect in 2012:* Florida Hawaii Idaho Louisiana Michigan New Hampshire South Dakota *Not in effect in 2012:* **Alabama (1), (5)	Strict Non-Photo ID In effect in 2012: Arizona Ohio Virginia	Non-Strict Non-Photo ID *In effect in 2012:* Alabama (1), (5) Alaska Arkansas Colorado Connecticut Delaware Kentucky Missouri Montana North Dakota Oklahoma (3) Rhode Island (4) South Carolina (1) **Texas (1) Utah Washington

* New voter ID law has not yet been implemented; state presently has no voter ID law in effect.
** New voter ID law has not yet been implemented; an older voter ID law remains in effect.
(1) In Alabama, South Carolina and Texas, current non-photo voter ID laws stay in effect for the time being. The new photo voter ID requirements will take effect after receiving preclearance under Section 5 of the Voting Rights Act. South Carolina and Texas were denied pre-clearance in December 2011 and March 2012, respectively. Alabama's new photo ID law has a 2014 effective date, and the state has not yet applied for pre-clearance. The Texas law was recently denied pre-clearance by a federal court in D.C.; a similar court is currently considering South Carolina's law.
(2) Wisconsin's voter ID law was declared unconstitutional on March 12, 2012. Dane County Circuit Judge Richard Niess issued a permanent injunction barring enforcement of the law, which the state has said it will appeal. Read the March 6 injunction and the March 12 injunction.
(3) There are some who 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 voter registration card issued by the appropriate county elections board to serve as proof of identity in lieu of photo ID.
(4) Rhode Island's voter ID law takes effect in two stages. The first stage, requiring a non-photo ID, took effect on January 1, 2012. On January 1, 2014, a photo ID requirement will replace the non-photo ID law.
(5) Alabama's new photo ID requirement takes effect with the 2014 statewide primary election. The new law also requires preclearance. The delayed implementation date was intended to ensure that the timing of preclearance did not occur between the primary and general elections of 2012, thus creating voter confusion.
(6) Mississippi's new voter ID law was passed via the citizen initiative process. However, the language in constitutional amendment passed by MS voters on Nov. 8 is very general, and implementing legislation will be required before the amendment can take effect. The MS provision will also require pre-clearance under Section 5 of the Voting Rights Act before it can take effect.

(7) A state judge temporarily blocked enforcement of Pennsylvania's new voter ID law. It will not be in effect for the November 2012 election, and a trial on its permanent status will begin after the election.

2012 Legislative Action

Voter ID continues to be a high-profile issue in many state legislatures this year. This year, 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 nine states to amend the new voter ID laws passed in 2011. New voter ID laws were passed in four states -- Minnesota, New Hampshire, Pennsylvania and Virginia. Minnesota's law requires voter approval in November 2012 and enabling legislation before it can take effect. Learn more about voter ID legislation introduced in 2012.

2011 Legislative Action

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 didn't already require voter ID at the polls (considered in 20 states), and proposals to strengthen existing voter ID requirements in order to require photo ID at the polls (considered in 14 states). Learn more about voter ID legislation introduced in 2011.

2003-2012 Legislative Action

Voter ID has been a hot topic in state legislatures over the past decade. Since 2001, nearly 1,000 bills have been introduced in a total of 46 states. Twenty-four states have passed major legislation during the period 2003-2012 (not including gubernatorial vetoes in five states in 2011), and those bills are summarized in the timeline below.

2003: New voter ID laws were passed in Alabama, Colorado, Montana, North Dakota and South Dakota
2005: New voter ID laws were passed in Indiana, New Mexico and Washington; Georgia tightened an existing voter ID law to require photo ID
2006: New voter ID law passed in Ohio; Georgia passed a law 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; Missouri tightened an existing voter ID law to require photo ID
2008: New Mexico relaxed an existing voter ID law, and now allows a voter to satisfy the ID requirement by stating his/her name, address as registered, and year of birth
2009: New voter ID law passed in Utah
2010: New voter ID law passed in Idaho; Oklahoma voters approved a voter ID proposal placed on the ballot by the Legislature
2011: New voter ID laws passed in Kansas, Mississippi, Rhode Island and Wisconsin. Alabama, South Carolina, Tennessee and Texas tightened existing voter ID laws to require photo ID (new laws in Texas and South Carolina are on hold pending USDOJ preclearance). Governors in Minnesota, Missouri, Montana, New Hampshire and North Carolina vetoed strict new photo ID laws in 2011.
2012: Minnesota, New Hampshire, Pennsylvania and Virginia passed new voter ID laws.

Recent Litigation

Arizona: On October 20, 2006, the U.S. Supreme Court vacated an October 6, 2006 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, and remained in effect in 2008.

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 upheld the ruling on appeal in April 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. ID is still required to vote, but the list of acceptable forms of ID is much broader and includes some forms without a photo.

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. The order did not apply to future elections, and voter ID requirements were in effect for 2008.
Pennsylvania: On October 2, 2012, a state court judge temporarily enjoined enforcement of the state's voter ID law, citing the fact that too few IDs had been issued for voting purposes at the five-week mark prior to the election. Poll workers will be permitted to ask voters for ID, but all voters will be permitted to vote a regular ballot regardless of whether or not they have or present ID.

Wisconsin: A state judge ruled the voter ID law unconstitutional on March 12, 2012. An appeal is expected.

Details of Voter Identification Requirements

*Table 2: Details of Voter Identification Requirements*
State	Requirement	Acceptable Forms of ID	Voters Without ID
Alabama §17-9-30 NOTE: AL's new photo ID law is scheduled to take effect for the 2014 primary election. It also requires preclearance by the USDOJ.	Existing Law: Each elector shall provide identification to an appropriate election official prior to voting. New Law: Each elector shall provide valid photo identification to an appropriate election official prior to voting.	Existing Law: Government-issued photo ID U.S. passport U.S. military ID Employee ID card with photo Alabama college/university ID with photo Alabama hunting or fishing license Alabama gun permit FAA-issued pilot's license Birth certificate (certified copy) Social security card Naturalization document Court record of adoption or name change Medicaid or Medicare card Electronic benefits transfer card Utility bill, bank statement, government check, paycheck or government document showing name and address of voter New Law: 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	Existing Law: 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. New Law: 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.
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 §16-579(A)	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	Election officials shall request the voter to provide identification	Current and valid photo ID 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. Following each election, the county board of election commissioners may review the precinct voter registration lists and may provide the information of the voters not providing identification at the polls to the prosecuting attorney, who may investigate possible voter fraud.
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. 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	Each elector shall present identification	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	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 §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 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	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 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	If you show up to vote and you do not have one of the acceptable forms of photo identification, you can still vote a provisional ballot. You will have up to three days after the election to present appropriate photo identification at your county registrar's office in order for your provisional 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.
Idaho §34-1106(2), 34-1113, 34-1114	Each elector shall show a valid photo identification or personal identification affidavit.	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	A voter who desires to vote an official ballot at an election shall provide proof of identification. A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in an election.	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)	Each person desiring to vote shall provide a valid form of identification. The following are exempted from the ID requirement: persons with a permanent physical disability that makes it impossible for them to travel to obtain voting identification and who have permanent advance voting status members of the merchant marine and uniformed service members who are on active duty and absent from the county on election day, as well as their spouses and dependents any voter whose religious beliefs prohibit photographic identification	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. In order 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	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 possession of photo identification.	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 Mississippi's voter ID law requires USDOJ pre-clearance before it can take effect.	NOTE: Mississippi's voter ID law is not in effect for the November 2012 election. An elector who votes in person in a primary or general election shall present government-issued photo identification before being allowed to vote. Voters who live and vote in a state-licensed care facility are exempt.	NOTE: Mississippi's voter ID law is not in effect for the November 2012 election. Mississippi's new constitutional amendment simply says "government-issued photo identification." Implementing legislation and/or administrative rules will be necessary to define precisely what this means.	NOTE: Mississippi's voter ID law is not in effect for the November 2012 election. 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	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 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 univeristy, 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	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. 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	The ballot clerk shall request that the voter present a valid photo identification. If the 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.	Through August 30, 2013: 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. Beginning September 1, 2013, the following IDs will be accepted if the name on the ID is substantially similar to that on the voter registration record and the expiration date does not exceed five years: A driver's license from any state A non-driver ID issued by the motor vehicle agency of any state A U.S. armed services ID card A U.S. passport	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. Within 60 days after the 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.
North Dakota §16.1-05-07	Before delivering a ballot to an individual, the poll clerks shall request the individual to show identification.	Valid driver's license or state ID card Valid passport or federal agency ID card Valid government-issued tribal ID card Valid student ID card Valid 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 U.S. Postal Service	If an individual offering to vote does not have or refuses to show an appropriate form of identification, the individual may be allowed to vote without being challenged if a pollworker is able to vouch for the voter's identity and address. 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. 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. 2001, §7-114	Each person appearing to vote shall provide proof of identity.	"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 person who declines or is unable to produce proof of identity may sign a statement under oath swearing or affirming that the person is the person identified on the precinct registry and cast a provisional ballot. Information provided by a person who votes a provisional ballot shall be investigated by the secretary of the county election board after the election. A provisional ballot shall be counted only if it is cast in the precinct of the voter’s residence and if evidence of the provisional voter’s valid voter registration, or of the voter’s identity, is found. (§26-7-116.1) From the State Election Board's website: After election day, County Election Board officials will investigate the information provided by the voter on the affidavit and either will approve the provisional ballot for counting or will reject it based on the outcome of that investigation. In order for a provisional ballot to be approved for counting, the information on the affidavit must match the information in the voter's registration record.
Pennsylvania *NOTE:* PA's voter ID law will not be in effect for the November 2012 election.	*NOTE:* PA's voter ID law will not be in effect for the November 2012 election. Each elector who appears to vote and desires to vote shall present proof of identification.	*NOTE:* PA's voter ID law will not be in effect for the November 2012 election. Identification must satisfy the following: Shows the name of the individual, which must substantially conform to the individual's name on the precinct register Show a photograph of the individual to whom it was issued Be issued by the U.S. government, Commonwealth of PA, a municipality of the Commonwealth to an employee of the municipality, an accredited PA private or public institution of higher learning or a PA care facility Include an expiration date and not be expired (exception for a military ID with an indication that it has an indefinite expiration date or a PA driver's license or non-driver ID card that is not more than 12 months past the expiration date)	*NOTE:* PA's voter ID law will not be in effect for the November 2012 election. A voter who is indigent an unable to obtain ID without any payment or fee, or who is otherwise unable to obtain ID, may vote a provisional ballot. A voter who casts a provisional ballot because he or she is unable to provide proof of identification must execute an affirmation that he or she is the same person who appeared to vote on election day and do one of the following within six calendar days after the election: Appear in person at the county board of elections to complete the affirmation and present proof of identification; Submit an electronic, facsimile or paper copy of the affirmation and the proof of identification. A voter who is indigent and unable to obtain proof of identification without payment of a fee must submit an affirmation that he or she is the same person who appeared to vote on election day and that he or she is indigent in the same time frame and manner as described above.
Rhode Island §17-19-24.2 NOTE: RI's new voter ID law takes effect in two stages. The first stage took effect on Jan. 1, 2012. The second stage will require photo ID beginning Jan. 1, 2014.	Any person claiming to be a registered and eligible voter who desires to vote at a primary, special or general election shall provide proof of identity.	Effective January 1, 2012: 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 The following forms of ID will be acceptable until January 1, 2014, when only the photo IDs listed above will be accepted for voting. A valid and current document without a photograph, including: Birth certificate Social security card 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 NOTE: The Federal District Court of Washington, D.C. has precleared SC's new law for use beginning in 2013, with key changes in the treatment of voters without ID. See the far-right column for more information.	Existing law: 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. New law (effective in 2013): When a person presents himself to vote, he shall produce a valid and current ID.	Existing law: Voter registration certificate South Carolina driver’s license South Carolina Dept. of Motor Vehicles photo ID card New law (effective in 2013): South Carolina driver's license Other form of photo ID 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	UPDATED INFORMATION: South Carolina election officials said during a trial concerning the potentially discriminatory effect of the state's new strict photo ID law that they would permit voters without ID to vote after signing an affidavit swearing to their identity. This effectively moves South Carolina's law to the "non-strict" category, and their practice will presumably be similar to what happens in Idaho, Louisiana, Michigan and South Dakota. This practice has not yet been codified in a new law or regulation. Existing law: Voters without ID may be permitted to vote a provisional ballot. This varies from county to county. Whether the provisional ballot is counted is at the discretion of the county commissioners at the provisional ballot hearing. New law (effective in 2013, with changes to the treatment of voters without ID still remaining to be specified): If the elector cannot produce identification, he may cast a provisional ballot that is counted only if the elector brings a valid and current photograph identification to the county board of registration and elections before certification of the election by the county board of canvassers.
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 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	Each voter shall present to the precinct registrar one form of identification that bears the name and photograph of the voter.	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.
Texas Election Code §63.001 et seq. NOTE: TX's new photo ID law takes effect after preclearance by the USDOJ. Pre-clearance was denied on March 13, 2012, and the state is expected to apply for reconsideration from the Federal District Court of Washington, D.C.	Existing law: On offering to vote, a voter must present the voter’s voter registration certificate to an election officer at the polling place. New law: On offering to vote, a voter must present to an election officer at the polling place one form of identification.	Existing law: Voter registration certificate 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 New law: 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.	Existing law: 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. New law: 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(76), 20A-3-104	A voter shall present valid voter identification to one of the poll workers.	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)	The officer shall ask the voter to present any one of the specified forms of identification.	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	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.44.205	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, student identification card, or tribal identification card A voter identification 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 by this section shall be issued a provisional ballot. The provisional ballot will be counted if the signature on the ballot declaration matches the signature in the voter's registration record.
Wisconsin §5.02(6m) and 6.79(2)(a) NOTE: Wisconsin's voter ID law was held unconstitutional on March 12, 2012 by a state judge. It is not currently in effect.	NOTE: Wisconsin's voter ID law was held unconstitutional on March 12, 2012 by a state judge. It is not currently in effect. Each elector shall be required to present identification.	NOTE: Wisconsin's voter ID law was held unconstitutional on March 12, 2012 by a state judge. It is not currently in effect. 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: Wisconsin's voter ID law was held unconstitutional on March 12, 2012 by a state judge. It is not currently in effect. 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.

For More Information

For more information on the issue of voter identification, contact NCSL's elections staff.

TRUTH BE TOLD

TRUTH BE TOLD

Tuesday, November 27, 2012