State of Elections

William & Mary Law School | Election Law Society

photo ID

New Voting Measures in Illinois: Expansion of the Franchise or Partisan Power-Grab?

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By Carl Zielinski

While states like Ohio have successfully restricted early voting access, in the past three months Illinois has significantly eased the process of both registering to vote and casting ballots. In late June, the largely Democratic Illinois state legislature pushed through a bill that expands early voting days and hours, allows early voting without photo ID, establishes same-day registration, allows voters to register online, and eases the eligibility of college students to vote in statewide elections. The newly implemented early voting period now starts fifteen days before any primary or general election and ends two days before Election Day. The lack of a photo ID requirement stands in stark contrast to voter ID laws like those recently implemented in states like Texas and Wisconsin. [Read more…] about New Voting Measures in Illinois: Expansion of the Franchise or Partisan Power-Grab?

Politics and pictures: Rhode Island and its new voter ID law

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In elections past, Rhode Island has not required photo identification for a ballot to be counted. However, with the passage of a new law the state has at least superficially joined the ranks of states which have approved legislation that will hamper the voting rights of its most vulnerable citizens. Yet the truth may not be so simple. Rhode Island’s law is less restrictive and more benign than legislation passed by other states which may explain the unique politics behind the passage of RI’s new photo identification bill.

The law will be implemented in two stages. “The first stage will require non-photo ID beginning Jan. 1, 2012. The second stage will require photo ID beginning Jan. 1, 2014.”

For the upcoming 2012 election, voters are able to vote by establishing their identity through possession of forms of ID that do not have their photo, “including without limitation”: a birth certificate, social security card, or government-issued medical card. The language “without limitation” can reasonably be construed as meaning that “any current photo identification that includes the name and photograph of the voter will be accepted.” [Read more…] about Politics and pictures: Rhode Island and its new voter ID law

When is state law not enforceable?

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Texas awaits DOJ approval for its new voter photo ID law.

by Daniel Carrico

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up.

Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas. [Read more…] about When is state law not enforceable?

Voter identification laws in New Hampshire: continuing the national debate

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In September 2011, New Hampshire state senators failed to override the gubernatorial veto of Senate Bill No. 129, which would have imposed identification requirements on New Hampshire voters. More specifically, the Bill would have required voters to present a valid voter identification (as specified in the Bill) on Election Day before being able to cast their ballots. For those voters without valid IDs on Election Day, the Bill granted them the ability to vote using a provisional ballot with the requirement that the voter show his or her official ID two-and-a-half days later. According to one source, the proposed law would have been “one of the most regressive voter photo ID laws in the nation,” and Governor John Lynch (D) claimed that the Bill would “create a real risk that voters would be denied their right to vote.” To support his veto, Gov. Lynch pointed to the positive state of elections in New Hampshire, specifically high voter turnout, the absence of fraud issues, and strong election laws, and he relied upon those reasons – among others – to justify not needing a strict voter identification law in New Hampshire.   [Read more…] about Voter identification laws in New Hampshire: continuing the national debate

SC (voter id): “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.”

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by Sheila Dugan

On May 11, 2011, the South Carolina General Assembly passed Act R54.  The new law would require individuals to present photo identification to vote. Governor Nikki Haley signed the bill a week later. The Department of Justice has yet to pre-clear the new law, stating that it needs proof from South Carolina that Act R54 would not disenfranchise voters. Valid forms of identification include a South Carolina driver’s license, a passport, military identification, a voter registration card with a photograph, or another form of photographic identification from the Department of Motor Vehicles (DMV).

Chris Whitmire, Director of Public Relations and Training at the South Carolina State Election Commission (SCSEC), spoke to me about the preparations taking place if the law is pre-cleared. These preparations include training county election officials, notifying registered voters without proper identification through direct mail, and a social media campaign about the new law. The General Assembly allocated $535,000 to the SCSEC for the voter education campaign and the creation of new voter registration cards that contain a photograph of the voter.

Registered voters would be able to obtain the new voter registration cards with the same documents they now use to register to vote (these include a photo ID or documents like a utility bill or pay stub with their address printed on it.) This makes the new identification easier to obtain than other government-issued forms of identification.  Another unique feature of the new card is that it will not expire. [Read more…] about SC (voter id): “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.”