Voter ID:  2012 Legislation

Last updated April 12, 2012

Voter ID continues to be a high-profile issue in many state legislatures this year. Last year, 34 states considered voter ID legislation. This year, legislation is pending in 32 states so far. That includes new voter ID proposals in 14 states, proposals to strengthen existing voter ID laws in ten states, and bills in ten states to amend existing laws, many of them new voter ID laws passed in 2011.

New Voter ID Proposals

• Illinois--HB 3058, HB 3903, HB 5213, , HB 5462, SB 2035, SB 2496, SB 3750: all pending in committee in chamber of origin (carried over from 2011)
• Iowa--HSB 528; pending in house committee / HF 95 and SF 142: both pending in senate committee (carried over from 2011)
• Maine--LD 199: amended significantly and no longer relates to voter ID (carried over from 2011)
  
• Maryland--HB 113, HB 705 and SB 412: both pending in committee in chamber of origin
• Massachusetts--multiple bills: all pending in committee in chamber of origin (all carried over from 2011)
• Minnesota--HB 2738: passed (requires voter approval in November 2012) ; HB 2639, HB 2644, SB 1659: pending in committee in chamber of origin / HB 89, HB 210, HB 302, HB 1577, HB 1578, HB 1597, HB 1662, SB 169, SB 354 and SB 479: all pending in committee in chamber of origin (all carried over from 2011)
• Nebraska--LB 239 and 605: pending in committee (carried over from 2011)
  
• New Hampshire--SB 289: pending in house committee / SB 318: pending in senate committee / HB 356: referred for interim study (HB 356 carried over from 2011)
• New Jersey--A 674 and S 200: pending in committee in chamber of origin
• New Mexico--HB 113, HB 207 and HB 235: all failed (adjourned)
• New York--A 2868, A 3373, A 6867, A 9041: all pending in assembly committee (all carried over from 2011)
• North Carolina--HB 862, SB 352 and SB 595: all pending in committee in chamber of origin (all carried over from 2011)
• Pennsylvania--HB 934: enacted
• West Virginia--HB 3219, HB 4387, SB 532: failed (adjourned)

Strengthening Existing Voter ID Laws

• Alaska--HB 162: pending in house committee (carried over from 2011)
  
• Colorado--HB 1111: pending in senate
• Delaware--HB 199 and HB 200: pending in house committee (carried over from 2011)
• Florida--HB 4129: failed (adjourned)
  
• Hawaii--HB 1359: pending in house committee (carried over from 2011) and HB 2221: pending in house committee
  
• Kentucky--HB 520: pending in house committee
• Missouri--HB 1104 and SB 442: both pending in the senate / HJR 89: pending in house
• Ohio--HB 159: pending in senate committee (carried over from 2011)
• Oklahoma--HB 2821; pending in house committee
• Virginia--HB 9/SB 1 (companion bills): returned by the governor with recommendations for changes / HB 569, HB 828, HB 1084: failed

Other Legislation

• Georgia--HB 707: allows photo student ID for voting purposes; failed
• Kansas--HB2720: allows tribal ID card for voting purposes; pending in house
• Michigan--SB 751: requires photo ID for early voting
• Mississippi-- HB 921: pending in senate / HB 121, HB 883,HB 2774: implement the voter ID constitutional amendment approved by voters in November 2011; all failed
• Oklahoma--HB 3003: allows student ID for voting purposes; pending in house committee
• Rhode Island--HB 7219: repeals voter ID requirement; pending in house committee / HB 7854: would require local boards of canvassers to report to state board of elections data on the number of provisional ballots cast, counted and rejected
• South Carolina--HB 3180: allows photo student ID for voting purposes; pending in house committee (carried over from 2011)
• Tennessee--HB 2176, HB 3336, HB 3751, SB 2139, SB 2504 and SB 3141: repeals new voter ID requirement and returns to previous non-photo ID law; all pending in committee in chamber of origin
• Tennessee--HB 324: requires proof of citizenship to register to vote; pending in house committee (carried over from 2011) / HB 393: withdrawn
• Tennessee--HB 1727 and SB 1381: allows photo student ID for voting purposes; pending in committee in chamber of origin (carried over from 2011)
• Tennessee--HB 1731: allows person aged 65 or older who is unable to obtain birth certificate to execute an affidavit of identity; pending in committee in chamber of origin  (carried over from 2011) / SB 1360: withdrawn
• Tennessee--HB 2062 and SB 1829: allows a voter without proof of ID to, during the early voting period, execute an affidavit of identity and pose for a digital photograph at election official offices and thereupon be allowed to vote; pending in committee in chamber of origin (carried over from 2011)
• Tennessee--HB 2063 and SB 1828: clarifies that persons aged 65 or older are not required to show ID to vote; pending in committee in chamber of origin (carried over from 2011)
• Tennessee--HB 2177 and SB 3707: allows county election commission to issue free photo ID for voting; requires voter to sign affidavit of identity; both pending in house in chamber of origin
• Tennessee--HB 2178 and SB 3708: allows valid photo employee ID card issued by a TN municipality or county for voting purposes; both pending in committee in chamber of origin
• Tennessee--HB 2190 and SB 2366: exempts a person aged 65 or older from voter ID requirement; pending in committee in house of origin
• Tennessee--HB 2219 and SB 3255: authorizes an ID card from certain transit authorities as valid ID for voting; both pending in committee in chamber of origin
• Tennessee--HB 2231 and SB 2378: allows a valid photo employee ID issued by a county or city for voting purposes; pending in committee in chamber of origin
• Tennessee--HB 2242, HB 2730, SB 2379 and SB 2447: allows photo student ID for voting purposes; pending in committee in chamber of origin
• Tennessee--HB 2252 and SB 3494: requires coordinator of elections to create a program enabling precinct registrars to search Dept. of Safety records to obtain a photograph of an elector if s/he is unable to present photo ID for voting; both pending in committee in chamber of origin
• Tennessee--HB 2305 and SB 2451: allows a photo ID issued by an election commission for voting purposes; pending in committee in chamber of origin
• Tennessee--HB 2331 and SB 3066: requires the coordinator of elections, in conjunction with the commissioner of safety, to equip a mobile unit or units to travel throughout the state to issue photo identifications to those meeting the requirements to obtain a photo identification free of charge to vote; both pending in committee in chamber of origin
• Tennessee--HB 2586, SB 2377 and SB 2465: requires secretary of state to publicize the photo identification requirement at least 30 days prior to early voting for the primary and general elections in 2012 via public service announcements on radio and television; all pending in committee in chamber of origin
• Tennessee--HB 3195: allows state employee upon retirement to keep such employee's photo identification card issued by the state and specifies such card may be used as valid photo id for voting purposes; pending in house committee
• Tennessee--HB 3388 and SB 3378: exempts any person presenting evidence of honorable discharge from the military at the time of application for ballot from voter ID requirements; both pending in committee in chamber of origin
• Tennessee--HB 3753 and SB 3089: exempts a person 60 years of age and Older who does not have a valid driver license with a photo from voter ID requirements; pending in committee in chamber of origin
• Tennessee--HB 3747 and SB 3728: allows person voting in county where no driver license station is located and who does not possess photographic identification to execute affidavit of identity at county election commission office during early voting and have digital photograph taken there prior to being able to vote; pending in committee in chamber of origin
• Virginia--SB 663: adds concealed handgun permit to the list of ID acceptable for voting purposes; pending gubernatorial action
• Wisconsin--AB 460: allows photo student ID for voting purposes; pending in assembly committee (failed)
• Wisconsin--AB 525: requires ID with absentee ballot application; pending in assembly committee (failed)
• Wisconsin--AB 639: allows technical college IDs for voting purposes; removes requirement that any college/university ID bear a signature and expiration date in order to suffice for voting purposes (failed)
• Wisconsin--AB 724: allows veterans' ID cards at proof at the polls (failed)
• Wisconsin--AB 738: relates to mobile stations for processing driver's license applications and affidavit by certain electors as proof of identity (failed)
• Wisconsin--SB 165: allows a a resident of Milwaukee County to obtain a free birth certificate if s/he needs it in order to obtain a driver's license or identification card for the purpose of voting; pending in senate committee (carried over from 2011) (failed)
• Wisconsin--SB 247: exempts individuals who are at least 65 years of age from the requirement to provide proof of identification for voting; pending in senate committee (carried over from 2011) (failed)
• Wisconsin--SB 323: provides that a person may obtain a free birth certificate for one year following the effective date of the bill if s/he needs it in order to obtain a driver's license or identification card for the purpose of voting; pending in senate committee (carried over from 2011) (failed)
• Wisconsin--SB 481: provides that a student ID used for voting purposes need not contain a signature of the voter or an expiration date; pending in senate committee (failed)
• Wisconsin--SB 553: adds veterans ID card to the list of IDs permissible for voting; pending in senate committee (failed)

For More Information

Visit NCSL's Voter ID web page, or contact NCSL's elections team at 303-364-7700.