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By Marni Rose McFall
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As the U.S. gears up for the upcoming presidential election, the spotlight is once again cast on the range of voter ID laws that govern the voting process across the nation.
These regulations, varying dramatically from state to state, are now the focus of heightened scrutiny and contentious debate.
Since the 2020 election, photo ID laws have been implemented in four states, bringing the total count of states with these laws to 10. Three additional states have made their laws stricter, as per Statista.
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As of April 2024, 35 states require some form of ID at the polls, according to Ballotpedia. Of those, 24 states mandate photo identification, while 11 allow non-photo IDs. The remaining 15 states do not require ID to vote in person on Election Day.
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Voter ID Laws
Newsweek spoke with Professor Rick Hasen, an internationally recognized expert in election law. He said over email that, "The United States has a decentralized election system, and so many of the rules for how elections are run are decided on the state or county level."
Hasen added that, "The question of voter identification is usually a question of state law. All states take some steps to identify voters, but some states require bringing in one of a limited number of photographic forms of identification, like a driver's license or passport."
The rules for voter identification can be categorized into three main tiers: states that require photo ID, states that accept non-photo ID, and states that do not require ID.
Photo ID Required
In states that mandate photo ID, voters must present a government-issued document with their name and photograph, such as a driver's license or U.S. passport. For example, Florida requires both a photo and signature ID. If a voter's ID lacks a signature, a second form of ID is necessary. Georgia accepts a variety of photo IDs, including military and tribal ID cards.
Non-Photo ID Required
Eleven states allow voters to use non-photo identification, like utility bills or bank statements, which include the voter's name and address. Alaska, for instance, requires voters to present a valid ID but allows officials to waive the requirement if they personally know the voter. In Arizona, voters may provide either a photo ID or two forms of non-photo ID.
No ID Required
Fifteen states, including California and Hawaii, do not generally require voters to show ID. Exceptions exist for first-time voters or those who registered without providing ID. In California, voters may be asked to show ID if they registered by mail without submitting a driver's license number or the last four digits of their Social Security number.
The Debate Over Voter ID Laws
Proponents argue that voter ID laws protect against fraud. "Voter ID laws can stop multiple types of fraud, such as impersonating another registered voter," said Fred Lucas of The Heritage Foundation, a conservative think tank, according to Ballotpedia. Supporters claim these laws enjoy broad public backing across political lines.
Opponents argue that strict ID laws may disenfranchise certain groups. The American Civil Liberties Union says that "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," as per Ballotpedia. The ACLU add that, "These voters are disproportionately low-income, racial and ethnic minorities, the elderly, and people with disabilities."
Hasen said, "Because it is so hard to determine what drives turnout, the question whether voter ID laws affect election outcomes on a large scale is hotly debated."
"What's not debated is that when such laws accept only a narrow set of IDs, without an ability to have a backup like signing a declaration of identity under penalty of perjury, these laws end up disenfranchising some eligible voters without deterring an appreciable amount of voter fraud," he added.
Additionally critics cite the lack of a uniform national ID system in the U.S. as a flaw in the voter ID system, as per Statista.
Update 9/9/24, 11:57 a.m. ET: This article was updated to include comment from Professor Rick Hasen.
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