Dan Tokaji's Blog
Professor Dan Tokaji
Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities

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Equal Vote
Monday, March 28
 
Should Photo ID Be Required to Vote?
One of the areas in which we can expect to see a push for legislative change is voter identification. HAVA imposes a very limited ID requirement, applicable only to first-time voters who registered by mail. Those voters can either show state-issued picture ID, such as a driver's license, or some other documentation of address. Among the forms of documentation allowed under HAVA are utility bills. government checks, paychecks and bank statements.

There's a move afoot to impose more stringent ID requirements on voters. Indiana is leading the charge in this area, with the state legislature moving forward with a proposal (Senate Bill 483) that some say would be the "strictest in the nation." As described here, "Senate Bill 483 would allow voters without a drivers license, state ID or passport to cast a provisional ballot that would become valid if the voter presents ID to the circuit court clerk or county election board within seven days."

In contrast to HAVA, a photo ID would be required. The Indiana bill also isn't limited to those who registered by mail. BNA reports:
During the day-long, bitter debate, Democrats charged that the bill woulddisenfranchise many voters, including minorities and the elderly. Republicans, meanwhile, argued that the bill was needed to instill voterconfidence.
The bill passed the state house on a party-line vote. It's expected that the bill will be signed by Republican Governor Mitch Daniels.

Democrats are concerned that the real purpose and effect will be to depress turnout, particularly among minority communities, as reported here. Some liken it to the poll tax. The bill was amended to provide that, for voters who don't drive, state ID cards must be made available free of charge. Of course, that doesn't take into account the time it takes to wait in line and get your ID card -- a "tax" on one's time that many voters may not be willing to make.

What's interesting is that both sides appear to be operating in something of a factual vacuum. There doesn't appear to be any evidence that any ID will prevent any significant number of fraudulent votes. On the other hand, it's also not clear how many poeple will be discouraged from voting as a result of a photo ID requirement.

Expect a legal challenge after this bill is signed.

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Moritz College of Law The Ohio State University