What are voter identification laws?

Voter ID laws in the USA

These identification laws allow legal authorities to easily identify people regarding certain information like name, date of birth, and origin etc., This form of identity allows people to also vote. In some jurisdictions requiring photo IDs, voters who do not have photo IDs often must have their identity verified by someone else (such as in Sweden) or sign a Challenged Voter Affidavit (such as in New Hampshire) to receive a ballot to vote.[1] In this article, we will be discussing voter Identification laws in the United States and a few other countries.

“Voter ID laws can stop multiple types of fraud, such as impersonating another registered voter, preventing noncitizens from voting, and stopping out-of-state residents or someone registered in multiple jurisdictions. … That’s one reason why voters across all demographics support voter ID laws in virtually every poll by almost 80%. This typically includes more than 60% of Democrats … according to a poll conducted by the Honest Elections Project.”[2]
– Fred Lucas, The Heritage Foundation (2023)

In Argentina voting is compulsory for all citizens between 18 and 70 years old, non-compulsory for those older than 70 and between 16 and 18, and citizens with domiciles in foreign countries.[3] To vote they must present a valid Documento Nacional de Identidad at the corresponding voting center.[4] Other countries in Latin America have similar policies.[5] Documento Nacional de Identidad or DNI[6] (which means National Identity Document[7]) is the main identity document for Argentine citizens, as well as temporary or permanent resident aliens (DNI Extranjero).[8]

Canada

In Canada, the Federal government mails an Elections Canada registration confirmation card, which the voter takes to the polling station. The card tells the individual where and when to vote. Voters must prove their identity and address with one of three options:[9]

• Show one original government-issued piece of identification with a photo, name and address, like a driver’s license or a health card.
• Show two original pieces of authorized identification. Both pieces must have a name and one must also have an address. Examples: student ID card, birth certificate, public transportation card, utility bill, bank/credit card statement, etc.
• Take an oath and have an elector who knows the voter vouch for them (both of whom must make a sworn statement). This person must have authorized identification and their name must appear on the list of electors in the same polling division as the voter. This person can only vouch for one person and the person who is vouched for cannot vouch for another elector.

Voter identification regulations vary from province to province. In Ontario, “ID is required to vote or to add or update your voter information on the voters list” and a substantial number of acceptable IDs, which do not need to be photo IDs, are accepted.[10] In Quebec, the voter must show one of five government-issued photo IDs, and if lacking any of these, will be directed to the identity verification panel.[11] In British Columbia, “all voters must prove their identity and residential address before voting”, with three options offered for identification.[12]

United States

Many states have some form of voter ID requirement, which has been allowed to stand by the Supreme Court.[13] As of April 2023, nineteen states have a requirement for a photo ID.[14] Public opinion polls have shown broad support for voter ID laws among voters in the United States. A 2011 Rasmussen poll found that 75% of likely voters “believe voters should be required to show photo identification, such as a driver’s license before being allowed to vote.”[15] A 2012 Fox News poll produced similar results, revealing that 87% of Republicans, 74% of independent voters, and 52% of Democrats supported new voter ID laws.[16] More recently, a 2021 Pew Research poll showed that 93% of Republicans and 61% of Democrats favour requirements that voters show government-issued photo ID to vote.[17]

Exceptions to Voter Identification Requirements[18]

Most states with strict voter identification requirements make some exceptions. These exceptions may include people who:

• Have religious objections to being photographed (Indiana, Kansas, Mississippi, North Carolina, South Carolina, Tennessee, Texas and Wisconsin).
• Are indigent (Indiana and Tennessee).
• “Have a reasonable impediment” to getting an ID (North Carolina, South Carolina).
• Do not have an ID due to a recent natural disaster (North Carolina, Texas).
• Are victims of domestic abuse, sexual assault or stalking and have a “confidential listing” (Wisconsin).

First Time Voters[19]

In addition to the laws governing what identification all voters must show at the polls, first-time voters may face additional requirements. The federal Help America Vote Act (section 15483(b)(2)(A)) mandates that all states require identification from first-time voters who register to vote by mail and have not provided verification of their identification at the time of registration. The act lists a “current and valid photo identification” or “a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter” as acceptable forms of ID.

At the federal level, the Help America Vote Act of 2002 requires a voter ID for all new voters in federal elections who registered by mail and who did not provide a driver’s license number or the last four digits of a Social Security number that was matched against government records.[20] Indiana became the first state to enact a strict photo ID law, which was upheld two years later by the U.S. Supreme Court.[21] As of 2021, 36 states have enacted some form of voter ID requirement.[22] Lawsuits have been filed against many of the voter ID requirements on the basis that they are discriminatory with an intent to reduce voting.[23] The proliferation of voter ID laws has prompted non-partisan, non-profit organizations like the League of Women Voters and Vote Riders to work with and for U.S. citizens so that everyone eligible to cast a vote can do so.[24]  Opponents argue that voter ID laws are unnecessary due to the fact that voter impersonation is extremely rare in the United States and has been shown to be unlikely to result in any plausible impact on the outcome of elections.[25]

There have been both positive and negative debates on voter identification laws in the United States of America. While some do not even see the point in its existence, some say this is the one among other ways to maintain order in society. Therefore, citing one of the legal judgements on the same. “In 2013, the Supreme Court handed down a landmark decision in Shelby County v. Holder, invalidating Section 5 of the VRA. Section 5 required certain states and jurisdictions with a history of racial discrimination in voting to obtain federal approval, or “preclearance,” before making any changes to their voting laws or procedures. The Department of Justice blocked over 700 voting changes they found to be discriminatory from 1982 through the VRA’s 2006 reauthorization. Since the Shelby County v. Holder decision, many states have enacted new voting restrictions centred around voter photo IDs. For example, Texas didn’t even sleep on it — they moved to introduce a strict voter ID law at midnight after the Supreme Court decision was handed down in 2013. That law resulted in the ineligibility of an estimated 608,470 registered voters in Texas, representing a total of about 4.5% of registered voters in the state at the time.”[26]

There are a few main things we need to focus on when it comes to formulating voter identification laws. Firstly, it maintains law and order, by ensuring that there are no fake, or repeated voters voting for the same candidate more than once. This also reduces the chances of any voters being coerced to vote for a certain person. However, certain minorities are also affected in many ways because of these laws. Minorities include low-income, elderly, and young voters.

Strict Photo Identification Laws Deprive many Americans of the Right to Vote:

1. Millions of Americans Lack Government-Issued ID. About 7% of U.S. citizens–or more than 16 million Americans–cannot confirm that they have a government-issued photo ID.[27]
2. Underlying documents required to obtain ID cost money, a significant expense for lower-income Americans. The combined cost of document fees, travel expenses, and waiting time are estimated to range from $75 to $175.[28]
3. In Texas, some people in rural areas must travel approximately 170 miles to reach the nearest ID office[29] And a year after Alabama’s strict voter ID law went into effect, state officials tried to shut down 31 driver’s license offices in majority-Black counties, which would have forced rural and minority voters to travel further to access licenses.[30]

“Overly burdensome photo ID laws deprive many voters of their right to vote, reduce participation, and stand in direct opposition to our country’s trend of including more Americans in the democratic process. Many Americans do not have one of the forms of government-issued photo identification that state laws list as acceptable for voting. These voters are disproportionately low-income, racial and ethnic minorities, the elderly, and people with disabilities. Such voters more frequently cannot afford or cannot obtain the underlying documents that are a prerequisite to obtaining government-issued photo ID card.”[31]

Read More – Voting and Election Laws in USA 

[1] "Voter ID | NCSBE". www.ncsbe.gov. Retrieved 2023-05-18.

[2] ACLU, "Oppose Voter ID Legislation - Fact Sheet," August 2021

[3] Voter identification laws - Wikipedia

[4] "Argentina voting age lowered from 18 to 16". BBC News. 2012-11-01. 

[5] "2023 Elections in Latin America: A Preview". AS/COA. 2023-01-11.

[6] Nuevo DNI, Ministry of the Interior of Argentina.

[7] New National Identity Document unveiled, Télam, archived from the original on August 15, 2011.

[8] Documento Nacional de Identidad (Argentina) - Wikipedia

[9] Canada, Elections (2023-04-04). "ID to Vote". www.elections.ca. Retrieved 2023-05-18.

[10] "Acceptable documents for voter identification | 2022 Voters' Guide - Ontario municipal council and school board elections | ontario.ca". www.ontario.ca. Retrieved 2023-05-18.

[11] "Can you vote?". Élections Québec. Retrieved 2023-05-18.

[12] "Voter ID". Elections BC. 2017-04-03. Retrieved 2023-05-18.

[13] "Voter identification: First, show your face". The Economist. September 17, 2011. 

[14] "Voter ID Laws". www.ncsl.org.

[15] Roff, Peter (June 10, 2011). "Poll: Democrats and Republicans Support a Voter ID-Check Law". U.S. News & World Report.

[16] Blanton, Dana (April 18, 2012). "Fox News Poll: Most think voter ID laws are necessary". Fox News

[17] "Republicans and Democrats Move Further Apart in Views of Voting Access". Pew Research Center. April 22, 2021.

[18] Below points are retrieved from: Voter ID Laws (ncsl.org)

[19] Ibid.

[20] Tokaji, Daniel P. "The Help America Vote Act: An Overview". The E-Book on Election Law: An Online Reference Guide. Moritz College of Law.

[21] "Everything You've Ever Wanted to Know About Voter ID Laws". ProPublica. 

[22] "Voter Identification Requirements – Voter ID Laws". National Conference of State Legislatures.

[23] shanton, karen (May 2014). "voter id in the courts" (PDF). 

[24] Heinz, Ethan (September 24, 2022). "NAACP and League of Women Voters sues over voter ID laws". ABC17NEWS. 

[25] Gilbert, Michael D. (September 5, 2014). "The Problem of Voter Fraud". Columbia Law Review. 115 (3): 739–75.Virginia Public Law and Legal Theory Research Paper No. 2014-56; Virginia Law and Economics Research Paper No. 2014-15.

[26] What's So Bad About Voter ID Laws? | League of Women Voters (lwv.org)

[27] Project Vote, Americans with Photo ID: A Breakdown of Demographic Characteristics(Washington: Project Vote, 2015), http://www.projectvote.org/wp-content/uploads/2015/06/AMERICANS-WITH-PHOTO-ID-Research-Memo-February-2015.pdf,

[28] Richard Sobel, The High Cost of ‘Free’ Photo Voter Identification Cards (Cambridge: Charles Hamilton Houston Institute for Race and Justice at HarvardLawSchool, 2014),https://today.law.harvard.edu/wp-content/uploads/2014/06/FullReportVoterIDJune20141.pdf,

[29] Ibid.

[30] Brentin Mock, “What Effect Will Shuttering Alabama DMV Offices Have on Black Voters?,” Bloomberg (Oct. 1, 2015), https://www.bloomberg.com/news/articles/2015-10-01/alabama-closes-dmv-offices-a-year-after-voter-id-law-kicks-in. Officials reversed course after a federal probe. German Lopez, “Voter suppression in Alabama: what’s true and what’s not”, Vox (Dec. 12, 2017), https://www.vox.com/policy-and-politics/2017/12/12/16767426/alabama-voter-suppression-senate-moore-jones

[31] ACLU, "Oppose Voter ID Legislation - Fact Sheet," August 2021