[EL] voter ID in absentee voting

Justin Levitt levittj at lls.edu
Thu Aug 23 14:47:25 PDT 2012


1.  I believe that Kansas does.  (Wisconsin's law also does; it's been 
enjoined, in several cases now working their way through the appellate 
system.)

2.  If you believe that ID laws are actually intended to deter or 
prevent impersonation, requiring a photocopy of the ID creates some 
deterrent.  The absentee ballot is submitted in the name of a particular 
elector.  The photocopied document will have to be in the name of that 
same elector.  (If I wanted to vote John Smith's absentee ballot, I'd 
have to find or forge a document in John Smith's name.)  For those who 
use driver's licenses or state ID cards, officials would be able to 
cross-reference the number on the card against the ID number assigned to 
John Smith.  The deterrent isn't dependent on the photo.

(Of course, the same is true for those voting in person, which may be 
one explanation for HAVA's existing safeguards, which aren't dependent 
on a photo either.)

Justin


On 8/23/2012 2:26 PM, Edward Still wrote:
> Alabama requires a copy of the photo ID be included with the absentee 
> ballot (in the mailing envelope and outside the ballot envelope). The 
> NCSL summary of voter ID laws 
> <http://www.ncsl.org/legislatures-elections/elections/voter-id.aspx#State_Reqs> 
> does not mention this for Alabama, but does for Ohio.
>
> 1. Are there other states that require a photo copy of the Voter ID?
>
> 2. I don't really understand the idea of requiring the copy for 
> absentee voting. If I go to vote at the polling place, the poll worker 
> is supposed to compare my picture to the person standing in front of 
> her. What do the absentee voting clerks compare the photo on the photo 
> ID to?
>
> Ed
>
> Edward Still
> Edward Still Law Firm LLC
> 130 Wildwood Parkway, Suite 108, PMB 304
> Birmingham AL 35209
> 205-320-2882 (voice & fax)
> still at votelaw.com <mailto:still at votelaw.com>
> www.votelaw.com/blog <http://www.votelaw.com/blog>
> www.edwardstill.com <http://www.edwardstill.com/>
> www.linkedin.com/in/edwardstill <http://www.linkedin.com/in/edwardstill>
>
>
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-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321

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