In recent months, federal and state courts throughout the country have been weighing in on the validity of voter ID laws.1 In the seminal voter ID case, Crawford v. Marion County Election Board, a 2008 decision, the U.S. Supreme Court refused to enjoin Indiana’s voter ID law.2 Recent cases, however, have differed in their outcomes. Indeed, the more recent decisions seem to be trending against harsh voter ID laws—but, as they say, the jury is still out.
The Landscape
In recent years, state legislatures have been very busy addressing voter ID laws. In 2013 at least 25 state legislatures introduced photo ID bills and five states passed them.3 As of Jan. 21, 2014, at least 11 state legislatures introduced photo ID bills.4 Not all states have laws requiring the presentation of identification at the polls before voting. Among those states that do have voter identification laws, however, requirements vary. For example, some state photo ID laws are categorized as “strict” and generally require presentation of a government-issued ID from a specified list before being allowed to cast a valid ballot. Some states require presentation of an identity document, but do not demand that it either include a photo and/or be issued by the government. Other laws request photo identification, but permit an alternative for voters who do not have an ID, such as, for example, an affidavit attesting to one’s identity.
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