The remaining 15 states use other methods to verify the identity of voters. Most frequently, other identifying information provided at the polling place, such as a signature, is checked against information on file. See NCSL’s Voter Verification Without ID Documents.
Please note that the information contained on this page contains information on the current, in-effect laws. A chronology of voter ID legislation since 2000 can also be found on NCSL's History of Voter ID page.
Proponents see increasing requirements for identification as a way to prevent in-person voter impersonation and increase public confidence in the election process. Opponents say there is little fraud of this kind, and the burden on voters unduly restricts the right to vote and imposes unnecessary costs and administrative burdens on elections administrators.
Variations in Voter Identification Laws
Voter ID laws can be categorized in two ways. First, the laws can be sorted by whether the state asks for a photo ID or whether it accepts IDs without a photo as well. Second, the laws can be divided by what actions are available for voters who do not have ID. These two categorization schemes can and do overlap.
Photo vs. non-photo identification: Some states request or require voters to show an identification document that has a photo on it, such as a driver’s license, state-issued identification card, military ID, tribal ID, and many other forms of ID. Other states accept non-photo identification such as a bank statement with name and address or other document that does not necessarily have a photo. Using this categorization for laws that are in effect in 2018, 17 states ask for a photo ID and 17 states also accept non-photo IDs. (To see this difference, look at the columns in Table One.)
Procedures for when a voter does not have identification: If a voter fails to show the ID that is asked for by law, states provide alternatives. These laws fit two categories, non-strict and strict. (To see this difference, look at the rows in Table One.)
- Non-strict: At least some voters without acceptable identification have an option to cast a ballot that will be counted without further action on the part of the voter. For instance, a voter may sign an affidavit of identity, or poll workers may be permitted to vouch for the voter. In some of the “non-strict” states (Colorado, Florida, Montana, Oklahoma, Rhode Island, Utah and Vermont), voters who do not show required identification may vote on a provisional ballot. After the close of Election Day, election officials will determine (via a signature check or other verification) whether the voter was eligible and registered, and therefore whether the provisional ballot should be counted. No action on the part of the voter is required. In New Hampshire, election officials will send a letter to anyone who signed a challenged voter affidavit because they did not show an ID, and these voters must return the mailing, confirming that they are indeed in residence as indicated on the affidavit.
- Strict: Voters without acceptable identification must vote on a provisional ballot and also take additional steps after Election Day for it to be counted. For instance, the voter may be required to return to an election office within a few days after the election and present an acceptable ID to have the provisional ballot counted. If the voter does not come back to show ID, the provisional ballot is not counted.
See State-by-State Details on In-Effect Voter ID Requirements (Table 2, far below) for specifics.
Table 1: Voter Identification Laws In Force in 2018**
|
Photo ID
|
Non-Photo ID
|
Strict
|
Georgia
Indiana
Kansas
Mississippi
Tennessee
Virginia
Wisconsin [6]
|
Arizona
North Dakota [7]
Ohio
|
Non-Strict
|
Arkansas[1]
Alabama[2]
Florida
Hawaii
Idaho
Louisiana
Michigan
Rhode Island
South Dakota
Texas
|
Alaska
Colorado
Connecticut
Delaware
Iowa
Kentucky
Missouri
Montana
New Hampshire
North Carolina[5]
Oklahoma[3]
South Carolina[5]
Utah
Washington
West Virginia
|
** This table refers to laws that are in effect in 2018; Pennsylvania also has enacted a strict photo voter ID law, but it has been struck down by state court and is not in effect. North Carolina also enacted a photo voter ID law that has been struck down by the courts. Therefore, these states are not included in this chart of in-force laws.
[1] In 2017, the Arkansas legislature passed a new voter ID law that required verification of voter registration. Voters without ID can sign an affidavit attesting to being registered in the state, thus allowing their provisional ballot to be counted. The law was struck down by a district court in April 2018, but the state supreme court allowed the law to be in effect for the May 2018 primary. In October 2018, the Arkansas Supreme Court ruled that the law will remain in effect during the 2018 midterm election.
[2] Some might call Alabama’s law a strict photo identification law, because voters who don’t show a photo ID will generally be asked to cast a provisional ballot and then must bring the required ID to an election office by 5 p.m. on Friday after Election Day. However, there is an alternative: two election officials can sign sworn statements saying they know the voter.
[3] Some prefer to call Oklahoma a photo voter ID state, because most voters will show a photo ID before voting. However, Oklahoma law also permits a non-photo voter registration card issued by the appropriate county elections board to serve as proof of identity in lieu of photo ID.
[5] South Carolina and North Carolina have a photo ID requirement, but offer an alternative for people with a "reasonable impediment" to obtaining a photo ID. See details in Table 2, below.
[6] Wisconsin enacted in 2011 a strict photo voter ID law. It has been implemented, even as legal challenges have proceeded through the courts. In July 2016 a federal court ruled that the law was unconstitutional, and that an alternative to showing an ID, such as signing an affidavit attesting to identity, must be permitted. Then in August 2016 an appeals court ruled that the law could be implemented as long as the state keeps its pledge to provide temporary free IDs to those in need, and to publicize the law. Until the state says otherwise, NCSL will leave Wisconsin in the "strict photo voter ID" category.
[7]North Dakota enacted a voter ID law in 2013 and amended this law in 2015, then once again in 2017. The 2015 law was challenged in 2016 and the federal judge issued a temporary order that some sort of “fail-safe,” like an affidavit, be an option until such time as the court makes an official ruling on the challenge. This temporary order changed North Dakota to a non-strict state in 2016. In 2017, HB 1369 was enacted allowing voters who do not present an ID at the polls to cast a ballot that is set aside until the voter presents valid identification. This moved North Dakota once again into the strict non-photo ID category. There are some alternative options for voters without identification in special categories, though. See Table 2 below for details.
News
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In March 2019 North Carolina passed legislation that will delay the implementation of their new voter id provisions until 2020.
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In November 2018 voters in two states, Arkansas and North Carolina, approved ballot measures to amend the state constitution to require photo voter identification.
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On May 5, 2017 Iowa enacted HB 516, which establishes a non-strict non-photo ID requirement. It establishes five types of ID that are accepted (see Table 2 below for details) which all include a photo, but also includes a provision that requires the Secretary of State’s Office to provide existing active registered voters that do not have one of the valid types of ID with voter identification cards. Going forward, county auditors will provide newly registered voters who do not have a valid ID with voter identification cards.
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On April 24, 2017 North Dakota enacted HB 1369, putting it once again into the strict non-photo ID category. The law permits those who do not bring ID to the polls to cast a ballot that is “set aside” until the voter presents valid ID. Valid ID must be presented before the Canvass, six days after the election. The bill also allows voters to present alternative documents, such as utility bills or bank statements, if the ID presented does not contain all required information. And, voters in special categories such as voters who live in long-term care facilities, voters with disabilities, and military voters may provide alternative forms of identification. In September 2018, the 8th Circuit U.S. Court of Appeals put the district court order on hold. And, in October on 2018, the U.S. Supreme Court declined to intervene in a challenge to the North Dakota voter identification law. The 2017 strict non-photo ID requirement is in place for the 2018 midterm election.
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On March 24, 2017, Arkansas enacted HB 1047, which reinstituted a non-strict, photo voter ID requirement that goes into effect 90 days after passage. A judge had blocked the implementation of the law, but in May, the Arkansas Supreme Court stayed the ruling and allowed the law to be in effect while they considered the case. In October 2018, the Supreme Court further ruled that the law will remain in effect during the 2018 midterm election.
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On March 24, 2017, Idaho enacted a bill adding a concealed carry weapon license as a form of acceptable ID.
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On April 1, 2016, West Virginia enacted HB 4013, which creates a non-strict, non-photo voter ID requirement that goes into effect in 2018. The legislation also included the establishment of automatic voter registration.
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In 2013 North Carolina passed a strict ID requirement, which was amended by the legislature in 2015 to fall into the non-strict category. Even so, the law was struck down by a federal court in July 2016, and the U.S. Supreme Court declined to hear the case in May 2017. For now, North Carolina does not require voters to show an identification document at the polls.
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In July 2016 a federal court ruled that Wisconsin’s strict voter ID law was unconstitutional, and that an alternative to showing an ID, such as signing an affidavit attesting to identity, must be permitted. Then in August 2016 an appeals court ruled that the law could be implemented as long as the state keeps its pledge to provide temporary free IDs to those in need, and to publicize the law. Until the state says otherwise, NCSL will leave Wisconsin in the "strict photo voter ID" category.
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A 2011 Texas strict photo ID laws has been in the courts since its passage. On April 10, 2017 a federal judge ruled, for the second time, that the law discriminated against minority voters. On June 2, 2017 SB 5 enacted non-strict, photo voter ID requirement. in Texas
- NCSL's History of Voter ID webpage contains a chronology of voter ID legislation from 2000 to the present.
First Time Voters
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.
Exceptions to Voter Identification Requirements
Most states with strict voter identification requirements make some exceptions. Including exceptions from laws that both are and are not in place for 2016. These exceptions may include people who:
- Have religious objections to being photographed (Arkansas, Indiana, Kansas, Mississippi, South Carolina, Tennessee, Texas, Wisconsin)
- Are indigent (Indiana, Tennessee)
- “Have a reasonable impediment” to getting an ID (South Carolina)
- Do not have an ID as a result of a recent natural disaster (Texas)
- People who are victims of domestic abuse, sexual assault or stalking and have a "confidential listing" (Wisconsin)
Additionally, voter ID requirements generally apply to in-person voting, not to absentee ballots or mailed ballots.
All voters, regardless of the type of verification required by the states, are subject to perjury charges if they vote under false pretenses.
PLEASE NOTE: The information provided below and throughout this webpage should be used for general informational purposes and not as a legal reference. If you have questions regarding the voter ID requirements in your state, please contact your local election administrator.
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