Jonah Patel
The US Constitution outlines federal laws that govern voting rights, with Article 1 giving states the responsibility of overseeing federal elections. While the Constitution does not explicitly require ID for voting, individual states have the authority to set their own voter ID rules, and most states require voters to present some form of identification at the polls. These laws have been the subject of debate and legal challenges, with critics arguing that they disproportionately disenfranchise minority voters and states defending their laws in court. Ultimately, the specific ID requirements for voting vary from state to state, and voters are advised to be aware of the laws in their respective states before casting their ballots.
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What You'll Learn
The US Constitution and state voter ID laws
The US Constitution does not explicitly require ID for voting. Instead, it gives states the responsibility of overseeing federal elections. As a result, each state has its own voter ID rules, and most require voters to present some form of identification at the polls. However, the validity and constitutionality of these laws are often debated, with accusations that they disproportionately disenfranchise minority voters.
According to federal law, first-time voters must show identification on Election Day. Additionally, newly registered voters must provide either a driver's license number or the last four digits of their Social Security number during registration. Some states may also ask voters to sign a form affirming their identity, while others allow voters without ID to cast a provisional ballot. These ballots are kept separate until the voter's eligibility can be investigated, and they may still need to show an acceptable form of ID within a few days for their vote to count.
As of November 2024, 35 states required voters to present identification at the polls on Election Day, with 23 of these states requiring photo ID. The specific forms of accepted identification vary by state. For example, Pennsylvania's voter ID law, which was struck down in 2014, allowed various forms of photo identification, including driver's licenses, government employee IDs, student IDs, and IDs for residents of elder-care facilities. In contrast, Texas's voter ID law, which was initially struck down for discriminating against minority voters, recognized government-issued photo IDs and weapons permits but not college IDs.
The moral validity and constitutionality of voter ID laws are hotly debated. Research by political scientist Dan Hopkins indicates that voter ID laws disproportionately disenfranchise minority voters, and racial minorities are less likely to possess IDs. Federal appeals courts have struck down strict voter ID laws in Texas and North Carolina due to discriminatory intent. However, other courts have upheld voter ID laws in states like Indiana, Wisconsin, and Ohio, paving the way for expanded ID requirements in other states.
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Federal laws protecting voting rights
The US Constitution does not explicitly require ID for voting, but federal law states that first-time voters must show identification when they vote on Election Day. Each state sets its own voter ID rules, and most require voters to bring identification to vote in person. This can include a photo ID, such as a driver's license, state ID, or passport, or another form of identification like a birth certificate or Social Security card.
Federal laws have been passed over the years to protect Americans' right to vote and make it easier for citizens to exercise that right. Here are some key federal laws protecting voting rights:
- The Civil Rights Act of 1870: This created some of the earliest federal protections against discrimination in voting.
- The 15th Amendment: Ratified in 1870, this amendment gave African American men the right to vote.
- The 19th Amendment: Ratified in 1920, this amendment gave women the right to vote.
- The Voting Rights Act of 1965: This prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English and placed limits on states with a history of voter discrimination.
- The 24th Amendment: Ratified in 1964, this amendment eliminated poll taxes, which had been used in some states to prevent African Americans from voting in federal elections.
- The Voting Accessibility for the Elderly and Handicapped Act of 1984: This required polling places to be accessible to people with disabilities.
- The 26th Amendment: Ratified in 1971, this amendment lowered the voting age for all elections to 18.
Despite these protections, there have been concerns about the impact of voter ID laws on minority voters. Research indicates that voter ID laws disproportionately disenfranchise racial minorities, who are less likely to possess IDs. As a result, federal appeals courts have struck down strict voter ID laws in Texas and North Carolina, citing intentional discrimination against minority voters.
In recent years, there have been calls for further federal voting rights legislation, such as the VRAA and the FTVA, to address issues like voter intimidation, partisan gerrymandering, and voting misinformation.
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History of voter discrimination in the US
The struggle for equal voting rights dates back to the earliest days of US history. For much of the nation's history, voting was restricted to white, male landowners. Over time, laws were modified to allow states to make their own election rules, but these did not extend voting rights to all. After the American Civil War, all African-American men were granted voting rights, but poll taxes or language tests were used to limit and suppress the ability to register or cast a ballot.
The 15th Amendment, passed in 1870, guaranteed the right to vote to men of all races, including former slaves. This resulted in high voter turnout among African Americans in the South. However, voter suppression tactics soon emerged, such as Mississippi's "grandfather clause", which only permitted the registration of individuals whose grandfathers had been qualified to vote before the Civil War. This reduced the percentage of eligible Black male voters from over 90% to less than 6% by 1892.
The Voting Rights Act of 1965 was passed with bipartisan support to outlaw common voter suppression tactics and establish federal oversight of states and localities with histories of voter discrimination. It also granted legal voting rights to Black women, Native Americans, and immigrants. The Act included provisions requiring pre-clearance from the Department of Justice for any changes to voting laws in states with a history of disenfranchising Black voters.
Despite these advancements, voter suppression efforts have persisted and evolved over time. In 2005, Indiana passed a law requiring all voters to show photo ID before casting ballots, which was upheld by the Supreme Court in 2008. This set a precedent for expanded ID laws in other states. In 2011, Wisconsin, Ohio, and Texas enacted similar voter ID laws, some of which were later found to disproportionately impact minority voters and were struck down by federal appeals courts.
In 2013, the Supreme Court's ruling in Shelby County v. Holder gutted the Voting Rights Act by eliminating the pre-clearance requirement for states with a history of voter discrimination. This decision led to the creation of new obstacles to voting, with more than 361 restrictive voting bills introduced across 47 states as of March 24, 2021. States have implemented various tactics to restrict voting access, including requiring identification or proof of citizenship for registration, purging registered voters from rolls, and reducing early voting periods.
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States with strict voter ID laws
The US Constitution does not explicitly require voters to present identification before voting. However, each state has its own voter ID rules, and most states require voters to bring identification to vote in person. These IDs may include a driver's license, state ID, passport, birth certificate, or Social Security card. Federal law requires newly registered voters to provide either a driver's license number or the last four digits of their Social Security numbers at the time of registration.
Some states with strict voter ID laws include:
Georgia
Georgia is one of the seven states with the most restrictive photo identification requirements for voters, according to a professor at the University of Utah.
Tennessee
Tennessee is another state that requires strict photo identification for voting, according to the same source.
Indiana
Indiana enacted a law in 2005 requiring all voters to show a photo ID before casting their ballots. This law was challenged in court by civil rights groups but was ultimately upheld by the Supreme Court in 2008, setting a precedent for other states to follow.
Wisconsin
Wisconsin has had a contentious history with its voter ID law, which initially required voters to show photo ID. This requirement was blocked by lower courts but later upheld by the 7th Circuit Court of Appeals and the Wisconsin Supreme Court. The law was deemed unconstitutional in part, and the state was advised to accept more forms of identification.
Texas
Texas enacted a strict voter ID law in 2011, which was initially struck down at the district level due to its discriminatory intent against black and Hispanic voters. However, the decision was reversed by the 5th Circuit. The law recognized government-issued photo identification and weapons permits but not college IDs, leading to criticism of favouring conservative voters over liberal ones.
Mississippi
Mississippi is one of the states with the most restrictive voting regulations, according to an index of voting suppression. The state also stands out for its limited access to early in-person voting, only allowing it for those who are eligible.
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Provisional ballots for voters without ID
The US Constitution does not explicitly require voters to present identification before voting. However, according to federal law, first-time voters must show identification on Election Day. Each state has its own voter ID rules, and most require voters to bring identification to vote in person. This may include a photo ID, such as a driver's license, state ID, passport, or another form of identification like a birth certificate or Social Security card.
Provisional ballots are a fail-safe mechanism to protect voters against registration errors. They are intended to ensure that no voter is turned away from the polls when there are questions about their registration status. Since the Help America Vote Act (HAVA) became law in 2002, all states have been required to use provisional ballots, except those that offered same-day registration when the National Voter Registration Act was enacted in 1993. In its basic form, a provisional ballot is offered to a voter whose name does not appear on the registration list at a precinct polling place on Election Day but who believes they are registered. The ballot is placed in a special secrecy envelope and set aside until the voter's registration status can be determined. If the voter is, in fact, registered in that precinct, the ballot is removed from the envelope and counted. If not, the ballot remains sealed and is not counted.
The implementation of provisional ballots varies across states, reflecting differences in state laws and cultural practices. While some states reject provisional ballots cast in the wrong precinct, others will count votes for offices that the voter was eligible to vote for in the correct precinct. There is controversy over whether provisional ballots are a positive or negative factor in election administration. Some voting rights advocates argue that they make it too easy for local jurisdictions to neglect accurate voter lists, and processing provisional ballots can be subject to clerical errors.
Voters without acceptable identification may be able to cast a provisional ballot, depending on the state. They may need to return with an acceptable form of ID within a few days for their vote to count. Even with the correct ID, a provisional ballot may still be necessary if there are discrepancies between the name or address on the ID and the voter registration details.
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Frequently asked questions
While the US Constitution gives states the responsibility of overseeing federal elections, each state has its own voter ID rules. Most states require some form of identification, but this is not always the case.
The types of ID accepted vary by state. Some states require photo ID, while others do not. Accepted forms of ID include driver's licenses, state IDs, passports, birth certificates, and Social Security cards.
Yes, some states allow voters without ID to cast provisional ballots. In some cases, voters who do not possess the required forms of identification can obtain voting-only photo IDs.
