In recent years, state legislatures across the country have implemented voter identification laws. These laws require voters to present some form of identification at the polls. In some cases, the required identification must include a photo.
Some general requirements include:
– As of November 1, 2018, 34 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 17 states required voters to present photo identification, while 17 accepted other forms of identification.
– Commonly accepted forms of ID include driver’s licenses, state-issued identification cards, and military identification cards.
– According to the National Conference of State Legislatures, voter ID requirements come in two general forms: strict and non-strict. Under strict requirements, a voter who does not possess the required form of identification may be required to cast a provisional ballot. Under non-strict requirements, a voter who does not have the necessary identification may still vote without casting a provisional ballot.
So in order to stop any confusion, below are the most up-to-date voting laws per state, according to U.S. Voter Foundation.
Alabama
Beginning with the June 2014 primaries, each voter in Alabama was required to present a valid photo ID at the polls. A 2011 voter photo ID law went into effect after the Supreme Court of the United States overturned Section 5 of the 1965 Voting Rights Act on June 25, 2013. A voter can obtain a free photo ID from the Alabama Secretary of State, a county registrar’s office, or a mobile location, which changes daily. The mobile location schedule can be accessed here.
On January 10, 2018, the United States District Court for the Northern District of Alabama issued a ruling upholding the state’s voter ID law. The plaintiffs in the case (opponents of the state’s voter ID law) claimed that the law violated the Fourteenth and Fifteenth Amendments to the United States Constitution and Section 2 of the Voting Rights Act. The court rejected these claims in its ruling. The plaintiffs appealed the decision to the United States Court of Appeals for the Eleventh Circuit, which heard oral argument in the case on July 27, 2018.
Alaska
Non-photo identification is required to vote on Election Day in Alaska.
Arizona
To vote on Election Day in Arizona, a voter must present some form of identification at the polls. The identification does not necessarily need to include a photo. A voter can either present a photo ID that includes his or her name and registered address, or two forms of non-photo ID that include the voter’s name and registered address. Proposition 200, approved by voters in 2004, required voters to present evidence of U.S. citizenship prior to voting. On June 17, 2013, the Supreme Court of the United States ruled that states cannot require proof of citizenship in cases of voter registration for federal elections unless the state receives federal or court approval to do so. The court ruled 7-2. Justices Samuel Alito and Clarence Thomas dissented.
Arkansas
In March 2017, Arkansas Governor Asa Hutchinson (R) signed into law a bill requiring voters to present photo identification at the polls. Under this law, a voter who does not possess the required form of identification may cast a provisional ballot after signing a sworn statement attesting to his or her identity. In June 2017, the Arkansas Board of Election Commissioners approved rules that created, according to the Associated Press, “a new sort of provisional ballot that’s automatically counted unless there’s a red flag.”
On April 26, 2018, Pulaski County Circuit Judge Alice Gray issued a preliminary injunction barring the state from enforcing its voter ID law. The request for the preliminary injunction was made by Barry Haas, an Arkansas voter who alleged that the law was unconstitutional. Gray wrote the following in her order: “Plaintiff is faced with the choice of complying with the unconstitutional requirements imposed by [the voter ID law] or not having his ballot counted during the May 2018 preferential primary. The court finds that this is not really a choice at all, and that irreparable harm would result to plaintiff in the absence of a preliminary injunction, as his ballot will not be counted.”
Jeff Priebe, an attorney for Haas, praised the ruling: “We’re very pleased with the court’s very well-reasoned and thorough opinion. We’re still analyzing the opinion, but we’re happy the court has decided to protect the voting rights of all Arkansans in the upcoming primary election.” On April 27, 2018, Arkansas Secretary of State Mark Martin (R) and the Arkansas Board of Election Commissioners appealed Gray’s ruling to the Arkansas Supreme Court. Martin issued a statement criticizing Gray’s ruling: “Changing the rules in the middle of an election is irresponsible and creates confusion for voters. It is our job to uphold the law and to conduct a secure election. Presenting identification is required for almost all facets of American life. Securing the integrity of our electoral system is vitally important.”
On May 2, 2018, the Arkansas Supreme Court voted 6 to 1 to stay Gray’s order, permitting the state to enforce its voter identification law in the May 22, 2018, primary election. Attorney General Leslie Rutledge (R) said the following in a statement: “I am very pleased that the Arkansas Supreme Court agreed with the arguments we made on behalf of the State Board of Election Commissioners that the requirement that a voter show photographic identification or sign a statement affirming his or her identity as a registered voter is not burdensome and helps ensure free and fair elections. The stay issued this afternoon provides needed clarity for Arkansas voters and election officials.” Priebe said, “We are disappointed for the voters in Arkansas that the Arkansas Secretary of State and the Attorney General continue to want to enforce an unconstitutional Voter ID Law. We look forward to presenting the whole case to the Arkansas Supreme Court.”[15] On October 11, 2018, the Arkansas Supreme Court voted 5 to 2 to uphold the state’s voter ID law, allowing for its enforcement in the November 6, 2018, elections and thereafter.
California
According to the Office of the California Secretary of State, “in most cases, California voters are not required to show identification at their polling place.” A voter may be asked to provide identification at the polls if it is his or her first time voting (this requirement applies if the individual registered by mail without providing a driver’s license number, state identification number, or the last four digits of a Social Security number). Acceptable forms of identification include driver’s licenses, utility bills, or any document sent by a government agency. For a complete list of acceptable forms of identification, see this list.
Colorado
Colorado voters must provide a valid form of identification if they choose to vote in person. The identification does not have to include a photo. For a full list of acceptable forms of identification, click here.
Connecticut
Voters in Connecticut must present some form of identification the polls, though a photo is not required. A full list of acceptable forms of identification can be accessed here.
Delaware
All Delaware voters are required to provide identification at the polls. Valid identification includes a photo ID, a utility bill, a paycheck or any other government document featuring the voter’s name and address. A photo is not required.
Florida
Voters in Florida are required to present photo and signature identification on Election Day. If a voter’s photo ID does not display his or her signature, he or she will need to supply a second form of identification that does.
Georgia
Photo identification is required when voting on Election Day in Georgia. Valid forms of ID include driver’s licenses, state ID cards, tribal ID cards, United States passports, employee ID cards, military ID cards, and voter ID cards issued by county registration offices.
Hawaii
Voters in Hawaii must present a valid form of identification at the polls. This identification does not have to include a photo of the voter. According to the National Conference of State Legislatures, valid forms of ID in Hawaii include driver’s licenses, state ID cards, utility bills, bank statements, and other government-issued documents.
Idaho
In order to vote in Idaho, voters must present valid photo identification or sign an affidavit. Valid photo ID includes an Idaho driver’s license or ID card, a U.S. passport or federal ID card, a tribal photo ID card, or a student ID card, as long as the ID includes a photo and is issued by an institution in Idaho. If a voter is unable to present an acceptable ID, the voter is given the option to sign a Personal Identification Affidavit. On the affidavit, the voter swears to his or her identity under penalty of perjury. After signing the affidavit, the voter will be issued a regular ballot.
Illinois
Generally, Illinois state law does not require voters to present a form of identification at the polls on Election Day. New voters who did not provide proof of identity at the time of registration may be required to present identification at the polls.
Indiana
Indiana law requires a voter to present a government-issued photo ID before casting a ballot at the polls on Election Day. Photo identification must include the voter’s name. The identification, which must be issued by the state or U.S. governments, must also have an expiration date. The ID must either be current or have expired sometime after the date of the last general election.
Iowa
On May 5, 2017, Iowa Governor Terry Branstad (R) signed into law HF 516, which established an ID requirement for voters. The law, which was scheduled to take full effect on January 1, 2019, requires voters to present one of the following forms of identification at the polls: driver’s licenses, military IDs, passports, or state-issued voter ID cards. For the 2018 election cycle, a voter can sign a statement affirming his or her identity in lieu of presenting the requisite forms of ID. The legislation cleared the Iowa House of Representatives on April 10, 2017, by a vote of 56-40. The Iowa State Senate approved the bill on April 13, 2017, by a vote of 28-21. HF 516 also eliminated the straight-ticket voting option.
Branstad said the following in support of the law’s provisions: “Protecting the integrity of our election system is very important. And we’re very proud that Iowa has a tradition and history of doing so, and this is going to strengthen our ability and make it more effective and efficient.”
Mark Springer, executive director of the American Civil Liberties Union of Iowa, said the following in opposition to the bill: “Today, voting in Iowa just got more difficult and more complicated. With Gov. Branstad signing this outrageous voter suppression bill into law, tens of thousands of Iowa eligible voters will be harmed.” For more information on subsequent legal challenges to HF 516, see here.
Kansas
In order to vote on Election Day in Kansas, a valid form of photo identification is required. Valid documents include driver’s licenses, concealed carry handgun licenses, U.S. passports, and government employee, military, student, public assistance, and tribal IDs.
The Kansas Secure and Fair Elections Act was signed into law on April 18, 2011, by Governor Sam Brownback (R). Beginning January 1, 2012, Kansas voters were required to present photo ID when voting in person. Beginning January 1, 2013, persons registering to vote for the first time were required to prove U.S. citizenship. Kansas Secretary of State Kris Kobach was sued over the law by Arthur Spry and Charles Hamner, two elderly Kansas residents whose ballots were not counted in the November 2012 general election because they could not provide photo identification. The lawsuit stated that neither had a driver’s license or access to the birth records needed to secure a photo ID. The federal trial was set for May 11, 2015. On April 23, 2014, the federal lawsuit was dismissed. Both Spry and Hamner asked to have the case dismissed when the trial was scheduled after the 2014 elections.
Kentucky
Voters in Kentucky are required to present identification before voting. Valid identification includes photo and non-photo identification. Election officers can also confirm the identity of a voter by personal acquaintance.
Louisiana
A Louisiana voter must present one of the following forms of identification at the polls: a driver’s license, a Louisiana special ID, or another generally recognized photo ID that contains the voter’s name and signature. If a photo ID is not presented, a utility bill, a payroll check, or another government document that includes the voter’s name and address can be presented. However, such voters also must sign affidavits.
Maine
A voter in Maine does not have to present identification at the polls unless he or she is registering on Election Day. In that case, the voter must present identification and proof of residence.
Maryland
Only first-time voters who registered by mail and did not provide a valid form of identification are required to present identification at the polls on Election Day in Maryland. Most voters in Maryland do not have to present identification on Election Day.
Massachusetts
Most voters in Massachusetts are not required to present identification at the polls. Only first-time voters who registered by mail are required to do so. Valid forms of identification include both photo and non-photo identification.
Michigan
Each voter in Michigan must present photo identification at the polls. A voter’s photo ID does not need to include an address. A voter without photo identification may sign an affidavit attesting that he or she is not in possession of photo identification.
Minnesota
Identification is not required in order to vote in Minnesota.
Mississippi
Mississippi voters are required to present photo identification in order to vote in person. A photo ID is not required to vote absentee.
A 2011 voter ID amendment to the state constitution required an implementing statute and faced United States Department of Justice (DOJ) pre-clearance before it could take effect. In October 2012, the Department of Justice requested additional information about the law. Mississippi voters, therefore, did not have to show proof of identification to vote in the November 2012 general election. In January 2013, proposed administrative rules for the voter photo identification law were submitted to the Department of Justice for approval. These rules included a provision allowing for voters who lack an acceptable photo ID to obtain a free voter photo ID card by presenting the same identification materials accepted when a person registers to vote. Once the Supreme Court of the United States issued its ruling in Shelby County v. Holder, federal pre-clearance was no longer required. As a result, the voter ID law took full effect.
Missouri
Voters in Missouri must generally present identification at the polls. Valid forms of identification include the following: a driver’s license or state-issued ID card, a military ID, a U.S. passport, or a copy of a utility bill, bank statement, or paycheck. If a voter lacks both photo and non-photo identification, he or she will be permitted to cast a provisional ballot.
On October 9, 2018, Richard Callahan, a state court judge, enjoined a section of the state’s voter ID law requiring voters presenting non-photo identification to sign an affidavit attesting to their identity. Callahan found that the affidavit’s language was “contradictory and misleading,” requiring signers to “swear that they do not possess a form of personal identification approved for voting while simultaneously presenting to the election authority a form of personal identification that is approved.” Callahan ordered officials to desist from executing the affidavit for voters presenting non-photo ID at the polls. State officials appealed to the state supreme court, asking the high court to stay Callahan’s order. On October 19, 2018, the state supreme court denied this request, allowing Callahan’s order to stand in advance of the November 6, 2018, election.
Montana
A voter in Montana is required to present identification prior to receiving a ballot. Valid identification includes photo and non-photo ID identification, including a current utility bill, bank statement, paycheck, voter confirmation notice, government check, or another government document that shows the voter’s name and current address.
Nebraska
Voters do not need to present identification in order to vote in Nebraska. A voter may be asked for identification if he or she is a first-time registrant who mailed in his or her registration application and did not provide identification at that time.
Nevada
A voter in Nevada must sign his or her name in the election board register at his or her polling place. The signature is compared with the signature on the voter’s original application to vote or another form of identification, such as a driver’s license, a state identification card, military identification, or another government-issued ID.
New Hampshire
Voters in New Hampshire must present photo identification at the polls. If a voter is unable to present a valid form of identification, a poll worker will take a photo of the voter and attach it to an affidavit, which must be signed by the voter. Exceptions are provided for those who object to being photographed for religious reasons.
New Jersey
If a New Jersey voter does not provide valid identification at the time of registration, he or she must show identification at the polling place. Identification includes any valid photo ID or bank statement, car registration, government check, or another document. Otherwise, a voter is not required to present identification at the polls.
New Mexico
A New Mexico voter must show identification at the polls only if he or she mailed his or her registration application and did not provide verification of his or her identity at that time. Valid forms of identification include photo and non-photo forms.
New York
In New York, a voter does not have to present identification at the polls.
North Carolina On July 25, 2013, the North Carolina legislature passed a voter identification law. The law “limits the kind of identification that voters can use at the polls to a North Carolina driver’s license, a state-issued ID card, a military ID, or a U.S. passport.” Governor Pat McCrory (R) signed the bill into law on August 12, 2013. Parts of the law took effect in 2014, although primary photo identification requirements were not scheduled to take effect until 2016. Two lawsuits were filed after the governor signed the bill. These suits alleged that the law discriminated against minority groups. On September 30, 2013, the United States Department of Justice sued the state over the requirements, charging that the law’s new limits on voting discriminated against minorities and thus violated the Voting Rights Act. North Carolina was the first state to approve a voter identification law after the United States Supreme Court struck down portions of the federal Voting Rights Act in June 2013.
On July 29, 2016, the United States Court of Appeals for the Fourth Circuit struck down the state’s photo ID requirement, finding that the state legislature had enacted the requirement with racially discriminatory intent. On May 15, 2017, the Supreme Court of the United States declined to hear the state’s appeal, letting the Fourth Circuit’s decision stand.
North Dakota
On August 1, 2016, a federal court enjoined North Dakota’s voter identification requirement, preventing state officials from enforcing the requirement in upcoming elections. Prior to this, the state required voters to present one of the following forms of identification at the polls: a state driver’s license, a state identification card, a tribal-government identification card, or an “alternative form of ID prescribed by the secretary of state.”
On April 24, 2017, Governor Doug Burgum (R) signed into law HB 1369, which reestablished the state’s voter ID requirement. According to the National Conference of State Legislatures, “the law permits those who do not bring ID to the polls to cast a ballot that is ‘set aside’ until the voter presents valid ID. … The bill also allows voters to present alternative documents, such as utility bills or bank statements, if the ID presented does not contain all required information.”
On April 3, 2018, the United States District Court for the District of North Dakota enjoined enforcement of sections of the state’s voter ID law. The state appealed this decision to the United States Court of Appeals for the Eighth Circuit, requesting that the court lift the injunction. On September 24, 2018, the Eighth Circuit granted the state’s request for a stay of the district court’s decision, allowing for enforcement of those sections of the state’s voter ID law enjoined by the district court. On September 27, 2018, opponents of the state’s voter ID law petitioned the Supreme Court of the United States for a stay of the Eighth Circuit’s decision. On October 9, 2018, the high court voted 6 to 2 to deny this request.
Ohio
On Election Day at the polling place, Ohio law requires that every voter announce his or her full name and current address. Additionally, voters must provide some form of identification. A photo ID is not required. If a voter is unable to present a form of valid identification, he or she can provide his or her driver’s license number, state identification number, or the last four digits of a Social Security number and cast a provisional ballot.
Oklahoma
Oklahoma State Question 746, approved in 2010, requires every voter in Oklahoma to present proof of identity before receiving a ballot. Valid forms of identification include government-issued photo IDs and county election board voter identification cards (which do not include photographs). A voter who is unable to present a valid form of identification may cast a provisional ballot if he or she signs an affidavit attesting to the voter’s identity.
On May 8, 2018, the Oklahoma Supreme Court issued its ruling in Gentges v. Oklahoma State Election Board, finding that Oklahoma’s voter identification law did not violate the state constitution. The court’s per curiam opinion noted the following: “[The] Oklahoma Voter ID Act is based on the State’s attempt to prevent voter fraud and the lack of evidence of in-person voter fraud in the state is not a barrier to reasonable preventative legislation. Requiring voters to show proof of identity serves to protect the integrity and reliability of the electoral process and prevent in-person voter fraud.” The case came to the state supreme court on appeal from the Oklahoma County District Court, which had similarly upheld the constitutionality of the state’s voter ID law. The original suit was brought by Delilah Gentges, who alleged that the voter ID law was “unconstitutional as an interference with the free right to suffrage and equivalent to a poll tax.”
Oregon
Oregon is a vote-by-mail state. When registering to vote, a voter must provide his or her driver’s license or state ID card number.
Pennsylvania
A law requiring all Pennsylvania voters to present photo identification was signed into law by Governor Tom Corbett in March 2012. On July 25, 2012, the Pennsylvania Commonwealth Court heard a challenge against the law from the American Civil Liberties Union (ACLU) and other voting rights groups. On August 16, 2012, Judge Robert Simpson dismissed the challenge. Supporters and opponents next argued the validity of the voter ID law before the Pennsylvania Supreme Court on September 13, 2012. On September 18, 2012, the Pennsylvania Supreme Court issued a 4-2 per curiam (unsigned) decision that sent the case back to the trial court. The state’s high court asked the trial court “to ensure there is ‘liberal access’ to new voting-only IDs and there will be ‘no disenfranchisement’ of voters on Nov. 6.” In response, a judge ruled that the Pennsylvania voter ID law could remain intact for the 2014 general election. However, an injunction permitted those without IDs to cast a ballot.[86] The state’s voter ID law was also not enforced for the May 2013 primary election. On January 17, 2014, Judge Bernard McGinley of the Pennsylvania Commonwealth Court struck down the requirement that all voters must present photo identification, claiming that this part of the law was unconstitutional because it lacked a way to give voters liberal access to voter photo IDs. These photo IDs had to be obtained through Department of Transportation licensing centers, of which there were 71 across the state at the time, some with limited hours. Judge McGinley argued that this was an inconvenience to voters and could disenfranchise them. The ruling did not strike down the entire law, but it did prohibit the state from enforcing the photo ID requirement. On January 27, 2014, lawyers on behalf of Gov. Tom Corbett filed a request that Judge Bernard McGinley reconsider his ruling to strike down the voter ID requirement. McGinley denied the request. On May 8, 2014, Corbett announced that he would not be appealing the court ruling and would instead work with the Pennsylvania State Legislature to work on changes to the original law.
Rhode Island
Photo identification is required at the polls in Rhode Island. If a voter is unable to present photo ID, a provisional ballot may be cast that will be counted if the signature given matches the one on the voter registration record.
South Carolina
All voters are required to present photo identification at the polls in South Carolina. This includes a state driver’s license, an identification card, a voter registration card that includes a photo, a federal military ID or a U.S. passport. A voter can receive a free photo ID from his or her county voter registration office by providing his or her name, date of birth and the last four digits of his or her Social Security number.
South Carolina’s photo identification law was first submitted for pre-clearance to the United States Department of Justice in 2011 and was denied. Though the state applied for reconsideration, it was again denied pre-clearance on June 29, 2012. South Carolina then took the law to court, and in October 2012, a panel of federal judges blocked the law for the 2012 general election. The judges ruled that, given the short time remaining before the election, the law put a burden on minority voters that violated the Voting Rights Act. However, the judges also said there was nothing inherently discriminatory about the law and that it could be utilized in elections after 2012. South Carolina’s photo ID law took effect January 1, 2013.
South Dakota
All voters in South Dakota must present photo identification at the polls. Approved forms of photo identification include the following: South Dakota driver’s license or nondriver ID card, U.S. government photo ID, U.S. military ID, student photo ID from a South Dakota high school or accredited institution of higher education, or tribal photo ID. If a voter does not have a photo ID, he or she can sign a personal identification affidavit.
Tennessee
At polling places in Tennessee, voters must present government-issued photo identification at the polls. Valid forms of ID do not include student ID cards from state universities.
On September 26, 2012, a judge ruled that Tennessee’s voter ID law did not violate the state constitution. On October 25, 2012, the Court of Appeals also upheld Tennessee’s voter ID law, though the court did issue an order requiring state officials to accept Memphis library cards as government-issued photo identification. State officials announced plans to appeal this part of the ruling, arguing that library IDs were not valid because they were not issued by the state government. On February 6, 2013, the Tennessee Supreme Court was asked to decide whether the state’s voter ID law deprived citizens of the right to vote, whether safeguards should be implemented to prevent election fraud, and whether a city-issued photo library card could qualify as proper identification.[103] On April 24, 2013, Governor Bill Haslam signed into law a bill that required voters to present photo identification issued by the state of Tennessee or the United States, which rendered library cards and photo identification issued by other states invalid. However, the Tennessee Supreme Court ordered that Memphis Public Library photo IDs be accepted until the court’s final ruling.[104][105] In August 2013, before the Tennessee Supreme Court issued its final ruling, the Tennessee Green Party filed a federal lawsuit challenging Tennessee’s voter ID law. The Tennessee Green Party argued that the law was unconstitutional and unfair to minority voters.[106] The Tennessee Supreme Court issued its final ruling on the voter ID law on October 17, 2013, upholding the law and allowing the legislature to block the use of library cards as identification.
Texas
Texas requires voters to present a form of photo identification at the polls. If a voter does not possess the required form of identification, poll workers must ask the voter whether he or she “cannot obtain an acceptable form of photo ID.” If the voter answers “yes” to this question, he or she can present a non-photo form of identification and complete a “Reasonable Impediment Declaration.” Upon doing so, the voter may cast a regular ballot. For complete details, including a list of acceptable forms of photo and non-photo identification, see here.
Texas’ voter ID law is the subject of ongoing litigation. For further information, click here.
Utah
At the polling place, a Utah voter can either present a form of identification that bears his or her name and photograph or two forms of identification that bear his or her name and address.
Vermont
Only first-time voters who registered by mail are required to present identification at the polls.
Virginia
Every voter in Virginia must present identification at the polls or else cast a provisional ballot. Valid identification includes the following: Virginia driver’s license; Virginia DMV-issued photo ID; United States passport; employer-issued photo ID; student photo ID issued by a school, college, or university located in Virginia; other U.S. or Virginia government-issued photo ID; tribal enrollment or other tribal photo ID; and Virginia voter photo ID card.
On May 20, 2012, Gov. Bob McDonnell signed legislation to require a voter without identification to vote provisionally. This eliminated the “Affirmation of Identity” that had been used previously. Before it could be implemented, the new legislation had to be approved by the United States Department of Justice. On August 20, 2012, the changes were approved. On February 20, 2013, the Virginia House of Representatives approved a strict photo identification bill by a vote of 65-30. The bill required all voters to present photo identification to cast a ballot. Voters without photo identification would be required to cast a provisional ballot that would only be counted if proper identification was displayed by noon on the Friday following the election. On March 26, 2013, McDonnell signed the bill into law. The new law went into effect on July 1, 2014.
Washington
Washington is a vote-by-mail state; as such, identification is generally not required of voters.
West Virginia
A voter in West Virginia is required to present identification at the polls. Acceptable forms of identification include government-issued IDs (both those with and without photographs), bank cards, bank statements, and insurance cards.
Wisconsin
Voters in Wisconsin are required to present photo identification at the polls.
A bill requiring voters to present photo identification at the polls was introduced in the Wisconsin State Legislature in January 2011. Governor Scott Walker signed the bill into law on May 25, 2011. A series of legal challenges followed. These are discussed in greater detail in this article. Ultimately, on March 23, 2015, the Supreme Court of the United States declined to hear a challenge against the law, allowing the photo identification requirement to take full effect. The law was enforced in all elections following the April 7, 2015, primary.
Wyoming
First-time voters in Wyoming may be asked to present valid identification at the polls, but photo ID is not necessary. Identification is not otherwise required