State of Elections

William & Mary Law School | Election Law Society

Voter Identification

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

Pennsylvania voters get carded

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Pennsylvania voters may find themselves pulling out their wallets and scrounging through their purses for their driver’s licenses in upcoming elections if a recent bill makes it through the State Senate. House Bill 934 (the Pennsylvania Voter Identification Protection Act), sponsored by Republican State Representative Daryl Metcalfe, would require every voter to provide photo identification before voting. It passed the House just last June, and will soon make it to the floor of the Senate. As in many similar efforts across the country, the effort is largely Republican-led; not a single Democrat Representative in Pennsylvania voted for it.

This is Pennsylvania’s second effort at a voter identification bill. The first, which passed in the legislature in 2006, was vetoed by then-Governor Ed Rendell, a Democrat. But on an issue that tends to split down party lines, the effort this time stands a good chance. The Senate has  a Republican majority of 29-20, and the governor is a Republican. Moreover, the bill includes elements, most notably providing free photo identification, that the Supreme Court cited last March when it decided (6-1) to uphold a similar Georgia statute. In short, if the bill passes, it will be there to stay unless a future legislature repeals it.
[Read more…] about Pennsylvania voters get carded

Oklahoma Voter ID Plaintiffs Begin a “Lonely Crusade”

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When the red clay dust settled after this month’s elections in Oklahoma, nearly seventy five percent of voters had said “yes” to State Question 746, which proposed amendments to the state’s voter identification requirements.  As a result, beginning on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board free of charge.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements apply to all in-person voting, including in-person absentee voting.  Any voters who can not present acceptable identification may cast a provisional ballot. [Read more…] about Oklahoma Voter ID Plaintiffs Begin a “Lonely Crusade”

Weekly Wrap Up

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“It’s time to stop stonewalling”: The NAACP and the League of Women Voters filed a lawsuit against new Florida governor Rick Scott, demanding that he submit the voter-approved redistricting amendments to the Justice Department for review. Scott quietly withdrew a request for review in January shortly after taking office.

Misspellings might be OK in AK: A new measure proposed in the Alaska Senate would update the write-in laws, explicitly allowing minor misspellings on write-in votes to count. The law, proposed in response to the 2010 U.S. Senate election, cleared committee this week and should be voted on within days.

Voter IDs High on States’ Agendas: Across the nation, various states are considering voter identification laws. Some, like North Carolina’s proposal, have been in the works for several years; others, like in Minnesota, are new and focus on new technologies to prevent voter fraud. States like Texas, which are subject to the Voter Rights Act, must get these new laws–if passed–approved by the Department of Justice.

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Weekly Wrap Up

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Vote Early, Vote Often (Even if You’re Dead): An 81-year-old Oregon man was sentenced to 12 months in jail and a $5,000 fine for voting as both his deceased brother and son.

SAFE Voting in Kansas: Kansas’ Secretary of State Kris Kobach unveiled the Safe and Fair Elections (SAFE) bill January 18 that would require voters to show ID at the polls and proof of registration when registering for the first time.

Provision Ballot Chaos in Ohio: In a case that may end up in front of the Supreme Court, a U.S. District Court and the Ohio Supreme Court issued conflicting rulings on some provisional ballots cast at the wrong precinct in the November elections.

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