Voter identification laws in the United States facts for kids

Voter ID laws in the United States are rules that ask people to show some kind of official identification before they can register to vote, get a ballot, or actually vote in elections. These laws are meant to make sure that only eligible people vote and to prevent cheating.

Voter ID laws by state, as of 2022:      Photo ID required (Strict)      Photo ID requested (Non-strict)      Non-photo ID required (Strict)      Non-photo ID requested (Non-strict)      No ID required to vote

The first state laws asking for ID at voting places started around 1950. However, no state required a government-issued photo ID until 2006. Indiana was the first state to make a strict photo ID law. The highest court in the U.S., the U.S. Supreme Court, said this law was okay two years later.

By 2021, 36 states had some kind of voter ID rule. Some people have sued against these laws. They say the laws are unfair and try to stop certain groups of people from voting.

People who support voter ID laws say they help stop cheating in elections. They also believe these laws do not make it too hard for people to vote. People who are against these laws say that cheating in elections is very rare. They argue that voter ID laws are not needed.

Opponents also say that the idea of voter fraud is made bigger than it is. They believe this is done to create problems for people who want to vote. They argue that requiring voter ID can make it harder for minority groups, older people, transgender people, and poor people to vote. This is because these groups might not have photo IDs.

Studies have shown different results on how voter ID laws affect how many people vote. Most research suggests these laws have little to no effect on voter turnout. This includes how many people from minority groups vote.

Research also shows that politicians from the Republican party have pushed hardest for these laws. This is especially true in states where the population is changing quickly. It is also true in areas with many Black, Latino, or immigrant residents. Parts of voter ID laws in some states have been changed or stopped by courts.

What Are the Different Types of Voter ID Laws?

The National Conference of State Legislatures (NCSL) explains the different kinds of voter ID laws. They have a map that shows what each state requires. These laws are divided into "strict" and "non-strict" categories.

Strict Voter ID Laws Explained

In states with strict ID laws, a voter must show ID to cast a valid ballot. If a voter cannot show ID at the polls, they get a special "provisional ballot." This ballot is kept separate from regular ballots.

The voter then has a short time, usually a few days, to go back to election officials. They must show an acceptable ID. If they do, their provisional ballot is counted. If they do not come back to show ID, their ballot is never counted.

Non-Strict Voter ID Laws Explained

In states with non-strict voter ID laws, there are other ways to prove who you are. These ways are different in each state. For example, a voter might be able to sign a sworn statement. Or, a poll worker might be able to say they know the voter.

Election officials might also check a voter's identity after the vote is cast. Another option is for the voter to return a letter mailed to their home address.

State-by-State Voter ID Requirements

The NCSL groups state voter ID laws into these types:

• Photo ID required (strict): Georgia, Indiana, Kansas, Mississippi, Tennessee, Arkansas and Wisconsin.
• Photo ID requested (non-strict): Alabama, Florida, Montana, South Carolina, Hawaii, Idaho, Louisiana, Michigan, Rhode Island, South Dakota, and Texas.
• Non-photo ID required (strict): Arizona, North Dakota, Wyoming and Ohio.
• Non-photo ID requested (non-strict): Alaska, Colorado, Connecticut, Delaware, Iowa, Kentucky, Missouri, New Hampshire, Oklahoma, Utah, Washington, Virginia and West Virginia.
• No ID required to vote at ballot box: California, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont, and Washington, D.C..

2020 Voter ID law map

How Did Voter ID Laws Start?

Voter ID laws began in 1950 when South Carolina asked voters to show ID at the polls. This ID did not need a picture. Any document with the voter's name was fine. Hawaii started requiring ID in 1970, and Texas in 1971. Florida followed in 1977, and Alaska in 1980. These were the first five states to ask for some ID from voters.

In 1999, Virginia's Governor Jim Gilmore tried a program for voters to show IDs. This plan was stopped by Democrats and the NAACP. A court order also blocked it.

Later, states mostly led by Republicans worked to pass voter ID laws. They said this was to stop "voter fraud," which studies show is very rare. Opponents say these laws are designed to make it harder for minorities, poor people, and older people to vote. These groups often vote for Democrats.

In 2002, President George W. Bush signed the Help America Vote Act. This law made first-time voters in national elections show photo or non-photo ID. They had to show it when they registered or when they arrived at the voting place.

In 2004, Arizona passed a law requiring voters to bring a state-issued photo ID. Other states also discussed and passed similar ideas. In some states, a person's citizenship is noted on their photo ID.

Indiana's law requiring a photo ID for all voters started on July 1, 2005. Groups that protect civil rights sued in a case called Crawford v. Marion County Election Board. This case went all the way to the Supreme Court in 2008. The Court decided the law was constitutional. This decision made it easier for other states to pass more ID laws.

In 2011, Wisconsin Governor Scott Walker and Ohio Governor John Kasich passed similar laws. Texas Governor Rick Perry made a voter ID bill an "emergency item" in 2011. This allowed lawmakers to pass it quickly.

The Texas law accepted government-issued photo IDs and gun permits. But it did not accept college IDs. Critics said this law was unfair to young voters, who often vote for Democrats. It was seen as favoring gun owners, who often vote for Republicans. Rhode Island passed a voter ID law in 2011. It was the only state with a Democratic-controlled legislature to do so.

In South Carolina, Governor Nikki Haley passed a law in 2011 requiring government-issued IDs. This law also said free IDs would be given out. The Justice Department blocked this ID requirement.

Wisconsin's Voter ID law in 2011 said free IDs would be given to people who did not have them. But in reality, state workers were told to give free IDs only if people specifically asked for the fee to be removed. The requirement to show photo ID was stopped by state and federal judges. But these decisions were later overturned by the Wisconsin Supreme Court and the 7th Circuit Court of Appeals.

Weeks later, the U.S. Supreme Court again blocked the law for 2014. On March 23, 2015, the U.S. Supreme Court rejected an appeal by the ACLU. This meant Wisconsin's voter ID law was upheld as constitutional.

Pennsylvania's voter ID law allowed different photo IDs. These included IDs for drivers, government workers, college students in the state, and people in elder-care homes. Voters without these IDs could get voting-only photo IDs from the Pennsylvania Department of State. These were issued through the Pennsylvania Department of Transportation (PennDOT).

A judge stopped Pennsylvania's law from being used until after the 2012 Presidential election. After a trial in 2013, a judge struck down Pennsylvania's voter ID law on January 17, 2014. The judge said it violated the constitutional rights of voters.

The judge noted that the special voter IDs were only available at 71 PennDOT Driver Licensing Centers. Five of these were in Philadelphia. Nine counties had no centers at all. Centers had limited hours, with some open only one or two days a week. The court found that the state did not provide enough access or help to get these IDs. This made it very hard for many people to get the "free ID." Photo IDs are not required to vote in Pennsylvania now.

Voters in Minnesota rejected a voter ID idea in 2012. They voted against it by 54% to 46%. This is the only time a voter ID law has been defeated by a public vote in the country.

Why Do Some States Want Photo ID Laws?

Since the late 1900s, the Republican Party has pushed for stricter voter ID laws. They say this is to prevent voter fraud. Twelve states now require some form of photo ID. About the same number of states are trying to pass similar laws. Republican members of the ALEC often introduced these laws. Republican governors then signed them.

California voter ID card for the 1972 US presidential election issued to Richard Nixon.

Some states that wanted new photo ID rules used to need federal approval before changing election laws. This was because of the Voting Rights Act of 1965. However, in 2013, the U.S. Supreme Court changed a part of this Act in the case Shelby County v. Holder. This part decided which states needed approval based on past unfair treatment of voters.

The Court said this part was unconstitutional. They found that while it was needed in the past, times had changed. So, the old rules were no longer fair or accurate. Because of this, states that used to need approval could immediately start their voter ID laws.

A 2021 report by the Brennan Center for Justice said that Arkansas, Florida, Georgia, Montana, New Hampshire, Texas, and Wyoming passed stricter voter ID rules. These rules make it harder for Americans to vote.

Court Challenges to Voter ID Laws

After the Shelby County case, it became harder to challenge new election laws. Instead of a federal officer deciding, each case had to go through a court. This process is much more expensive and takes a lot more time.

By August 2017, federal courts had stopped voter ID laws in Ohio, Texas, North Carolina and Wisconsin. These cases might eventually be heard by the U.S. Supreme Court. For example, a court ruled that Ohio's change to "Golden Week" made it harder for African Americans to vote. "Golden Week" was a time when people could register and vote early at the same place. The court said the state's reasons for the change were not strong enough.

In 2017, a Texas law was first stopped because it seemed to unfairly target Black and Hispanic voters. But a higher court, the 5th Circuit, reversed this decision. A North Carolina law was overturned because it "deliberately target[ed] African-Americans with almost surgical precision." This was done to reduce Black voter turnout. North Carolina appealed, but the U.S. Supreme Court did not hear the appeal. This meant the lower court's decision stood. Parts of Wisconsin's voter ID laws were found to be unconstitutional. The state was told to accept more types of ID for the 2016 election.

What Was Shelby County v. Holder?

On June 25, 2013, the U.S. Supreme Court made a 5–4 decision in Shelby County v. Holder. They said that Section 4(b) of the Voting Rights Act of 1965 was unconstitutional. Before this, states with a history of voter discrimination had to get federal approval before changing their voting laws.

Section 4 of the Act had a rule to decide which states needed this federal check. The Supreme Court's majority said this rule was old and did not fit today's conditions. They noted that discrimination had decreased. By making these rules unconstitutional, Section 5 of the Act could no longer be used with the old formula.

The states that used to be covered by Section 5 were Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia. Parts of California, Florida, Michigan, New York, North Carolina, and South Dakota were also covered.

After the Court's decision, several states passed new voter ID laws and other rules about voting. Within 24 hours of the Shelby County decision, Texas, North Carolina, Mississippi, and Alabama started or planned to start strict photo ID rules. These states were previously covered by Section 5.

Texas's plan asked voters to show a passport, driver's license, or other photo ID. But this rule was found to be unfair to Black and Hispanic voters. So, it was changed. Now, voters can cast a ballot if they sign a statement explaining why they cannot get a photo ID. They also need to show another ID, like a utility bill.

A 2018 report by the Brennan Center for Justice said that states that used to need federal approval have removed voters from their lists much faster than other states. Also, many of these states have recently passed laws that limit voting rights.

Registration and Election Day Voter ID Laws by State