Civil Rights Law

Navigating Voter ID Laws

Key Takeaways

  • Most U.S. states require showing identification to vote on Election Day.
  • Some states don’t require any voter ID or allow voters to vote by mail.
  • Proponents of strict voter ID laws claim it prevents voter fraud, but others argue it restricts eligible voters from participating in elections.

If you are a first-time voter or moving to a new state, you may need to show your identification to vote. Voter identification laws vary depending on where you are voting. Some states require photo IDs to vote in person, while others allow qualifying IDs without a photo. A few states do not require ID to fill out an election ballot.

If you don’t have qualifying identification, get one before Election Day. Many states also allow you to request an absentee ballot to vote by mail. For more information about navigating voter ID laws, talk to a local voting civil rights attorney

What Are Voter ID Laws?

Voter identification laws require eligible voters to show a qualifying ID to vote in elections. Under federal law, all newly registered voters need a voter ID for people who registered by mail and did not provide a qualifying driver’s license or Social Security number.

Voter ID laws are based on state voter ID requirements. Many states require a qualifying photo ID to register to vote, receive a ballot, and vote in an election. Other states are less strict about qualifying identification. They will allow you to vote with other documents that support your identity.

Which States Require a Photo ID to Vote?

Some states do not require any voter ID to vote in person on Election Day. The majority of states require voter identification. About half of all states require a form of identification with a photograph. Other states accept other forms of identification without a photo.

As of May 1, 2024, voting identification requirements include the following. This is based on information from the National Conference of State Legislatures (NCSL).

States That Don’t Require Voter Identification:

  • California
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Pennsylvania
  • Vermont
  • Washington, D.C.

States Requiring a Qualifying Photo ID:

  • Alabama
  • Arkansas
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Kansas
  • Louisiana
  • Michigan
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • North Carolina
  • Ohio
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Wisconsin

States That Accept a Qualifying Form of ID Without a Photograph:

  • Alaska
  • Arizona
  • Colorado
  • Connecticut
  • Delaware
  • Iowa
  • Kentucky
  • New Hampshire
  • North Dakota
  • Oklahoma
  • Utah
  • Virginia
  • West Virginia
  • Washington
  • Wyoming

What Forms of ID Are Acceptable for Voting?

Different states accept different forms of ID. Strict voter ID laws generally require a photo. Other states accept non-photo IDs. Acceptable forms of identification can include:

  • Driver’s license
  • Passport
  • Photo ID card
  • Student IDs
  • Birth certificate
  • Social Security card
  • Government-issued photo IDs
  • Bank statements
  • Utility bills

What Happens if Voting Officials Don’t Accept Your ID?

In some states, you can cast a provisional ballot if you don’t have ID or your identification doesn’t qualify. This generally requires you to return within a certain amount of time with the qualifying ID to have your provisional ballot counted.

A few states allow election officials to waive the ID requirement if poll workers know the voter’s identity. Other states allow you to vote without a photo ID if you sign an affidavit. These voting options depend on state law. Check with your local election voting requirements to protect your voting rights.

What Are the Pros and Cons of Voter ID Laws?

According to voting rights groups, overly burdensome ID requirements prevent many citizens from having their votes counted. Many eligible voters do not have the required photo IDs, and many of these American voters are seniors, people with disabilities, or low-income individuals.

Another downside of voter ID laws is that they may not do much to battle voter fraud. Voter impersonation at polls is rare, and strict photo ID laws may prevent more eligible voters from participating based on limited fraud claims.

Supporters of voter identification requirements claim voting laws have popular support. Many voters support these requirements to prevent voter fraud.

Do Overseas Voters Need to Show ID?

Your right to vote is based on citizenship, not your residence. U.S. citizens living outside the country can still vote in U.S. elections. However, non-citizens cannot vote in U.S. elections in the country or abroad.

Servicemembers and citizens living abroad can request an absentee ballot when they are overseas. With an absentee ballot, they can vote online or by mail. Overseas voters don’t have photo ID requirements because they send in their ballot instead of voting in person.

Can You Vote by Mail Without Photo Identification?

Many states have vote-by-mail elections, in which voters don’t have to go to the polling place in person. Instead, they can drop their election ballot in the mail or at election drop box locations.

Mail and absentee ballot voting options depend on where you live. Consult your local election officials to learn how you can vote with or without an ID. Contact a local voting civil rights attorney for more information about your legal voting options.

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