Election Law @ Moritz

Information and Analysis

Voter ID Litigation Nationwide

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Below is a state-by-state breakdown of all voter identification lawsuits nationwide.  Check this page for further updates..

State ID Requirement Law Currently in Force? Related Cases Status of Case Notes
Ohio Non-photo ID acceptable Yes NEOCH v. Blackwell In settlement Consent order reached for November 2006 General Election only.  Absentee ID requirements suspended by consent. In-precinct ID requirements intact but clarified slightly.  See Consent Order, KLBNA v. Blackwell.  Case currently in settlement.
Michigan Photo ID or Affidavit acceptable Yes In Re Request for Advisory Opinion Regarding Constitutionality of 2005 PA 71 Concluded Voter ID requirement approved 7/18/07.  See Opinion.
Georgia Photo ID required for in-person voting Yes Lake v. Perdue ; Common Cause/Georgia v. Billups In appeal State court action was dismissed by state Supreme Court (see Order).  Federal court initially suspended requirements for November, 2006, general election (see Order), but subsequently dismissed the case and allowed the ID requirement to go into effect (see Order).  Plaintiffs appealed to the 11th Circuit.
Arizona 1 Photo or 2 Non-photo IDs acceptable; Proof of Citizenship required to register Yes Gonzalez v. Arizona/Navajo Nation v. Brewer Litigation pending U.S. S.Ct. overturned Ninth Circuit order blocking enforcement of law; 9th Circuit Court of Appeals affirmed denial of injunctive relief.  Case continues to be litigated at trial level.
New Mexico Photo ID required in Albuquerque only No ACLU of New Mexico v. Chavez In appeal Trial court struck down ID provision (Order).  Defendants appealed to the 10th Circuit.
Indiana Photo ID Yes Indiana Democratic Party v. Rokita Concluded Oral argument held in 7th Circuit 10/18/06 (audio recording).  On 1/4, the Circuit Court upheld the ID requirements and denied request for rehearing en banc.  Plaintiffs appealed and Supreme Court granted certiorari on 9/25/07.  Oral argument occurred 1/11/08.  Supreme Court upheld on April 28, 2008 (see Order).
Missouri Photo ID No Jackson County v. Missouri; Weinshenk v. Missouri Concluded State trial court declared ID requirement unconstitutional on 9/14/06 (Judgment).  Missouri Supreme Court affirmed.  Related federal case NAACP v. Carnahan was stayed pending resolution of state case and never litigated to conclusion.