Some states require voters at a polling place to produce
photographic identification (photo ID) before casting a ballot.
Such requirements have emerged as a controversial issue in the 2012
presidential election, and they are the focus of this report. Since
2008, almost half the states have enacted laws, many in 2012,
relating to voter identification, with several containing photo ID
requirements. In contrast, while several bills with voter
identification provisions have been introduced in the 112th
Congress, none have received committee or floor consideration.
About 30 states require voters to provide some form of
identification when voting in person, although few require such
documentation for absentee voters. Seven of these states require a
photo ID for polling-place voting but permit alternatives such as
signing an affidavit for voters without an ID. With respect to what
type of photo ID is acceptable and what happens if a voter does not
have it, no two states are the same. Four states-Georgia, Indiana,
Kansas, and Tennessee-permit only voters who present a photo ID to
cast a ballot, with few exceptions. Pennsylvania, South Carolina,
Texas, and Wisconsin recently enacted similarly strict photo ID
requirements that are not in effect at present because of court or
U.S. Department of Justice (DOJ) actions. In 2008, the U.S. Supreme
Court upheld the Indiana voter photo ID law under the U.S.
Constitution on equal protection grounds. However, in more recent
cases, the question being considered is whether such laws violate
relevant state constitutions. Whether voter photo ID laws comport
with the Voting Rights Act (VRA) has also recently been considered
by the courts and DOJ. Section 5 of the VRA requires certain states
and jurisdictions to obtain preclearance from either DOJ or the
U.S. District Court for the District of Columbia before
implementing a change to any voting practice or procedure. For
example, in March 2012, DOJ denied preclearance approval under
Section 5 to laws in Texas and South Carolina that require voters
to show photo ID prior to casting a ballot. Subsequently, federal
courts also denied preclearance to both laws, so they will not be
in effect for the November 6, 2012, election. The South Carolina
law, however, was granted preclearance to take effect in any
election beginning in 2013. Photo ID requirements enacted in
Alabama and Mississippi are slated for implementation after 2012,
and are also subject to preclearance. Supporters of photo ID
requirements emphasize the need to prevent voter fraud, while
opponents emphasize the need to avoid disenfranchising legitimate
voters who do not have ready access to a photo ID. Polling data
suggest that most voters and most local election officials support
a photo ID requirement but that many are also concerned about the
risk of disenfranchisement. The policy controversy centers largely
on whether the risk of disenfranchisement or the risk of voter
fraud is the greater threat to the integrity of the electoral
process. This policy debate is being conducted in the absence of a
broad consensus about the evidence pertaining to those risks.
Election administration is complex, and changes in photo ID
requirements may affect other aspects as well, among them the use
of provisional ballots, the potential for long lines, and the
possibility that poll workers could misapply the new rules. It may
be advantageous to have as much time as possible to implement
changes to voting procedures, so that election officials, poll
workers, and voters have time to adjust.
General
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