Voter ID

Burdensome photo ID or proof of citizenship requirements for voting could block millions of eligible American voters without addressing any real problem. Although most Americans have government-issued photo ID, studies show that as many as 12% of eligible voters nationwide do not; the percentage is even higher for seniors, people of color, people with disabilities, low-income voters, and students. Many of those citizens find it hard to get such IDs, because the underlying documentation (the ID one needs to get ID) is often difficult to come by. Those difficulties will increase substantially if documentary proof of citizenship is needed to vote or to obtain the identification required to vote.

The Brennan Center engages in research on, and advocacy and litigation opposing, restrictive identification and proof of citizenship requirements that disenfranchise eligible Americans, and we work with federal and state officials to craft appropriate measures that improve the security of elections without compromising the right to vote. Most recently, the Brennan Center has been working to oppose Indiana's voter ID law, the most restrictive voter ID requirement in the country, in Crawford v. Marion County Election Board. A map of voter ID provisions around the country can be found here. The Center also maintains a chart following state legislation that would require proof of citizenship as a condition to register to vote.

    Common Cause/Georgia v. Billups

    Case challenging the constitutionality of a Georgia law requiring voters to present photo ID as a condition of voting.

    Crawford v. Marion County Election Board

    Determining which American citizens are able to exercise their right to vote and which Americans are not, the Indiana voter ID case is the most important voting rights case since Bush v. Gore.

    FOIA Request to EAC Re: Commissioned Reports

    In 2006 and 2007, the Brennan Center filed a FOIA request with the U.S. Election Assistance Commission to obtain documents pertaining to commissioned reports on voter fraud and voter intimidation and on voter ID.

    More Court Cases

    Justin Levitt

    Veto Keeps Electoral Scales Level in KS

    The Supreme Court’s recent Crawford decision on Indiana’s photo ID law was a statement on evidence (albeit mixed in its devotion to facts), and not a call to arms. And so far, few states have gotten riled up....

    Thaddeus Kromelis

    Missouri Ups Voter ID Ante

    The Show Me State – today lawmakers in Missouri are expected to vote on a constitutional amendment that would require voters to provide proof of citizenship when registering to vote....

    Myrna Pérez

    Attacking the Nuns

    Those who urge harsh voter ID laws can’t be too happy about the story of the Indiana nuns turned away from the polls. So now they have started to respond. Their answer: attack the nuns!

    More Blog Entries

    Illustrations by Risko

    Court Declines to Block Florida’s No-Match No-Vote Law

    Lawsuit prompted changes to restrictive voter registration rule, but revised law could still disenfranchise thousands of eligible Florida voters in 2008. Ruling poses latest obstacle to eligible Florida voters seeking to register and vote in ‘08

    Election Protection Off to a Great Start Assisting

    Nearly 400 Hotline Calls So Far Reporting Primary Election Barriers.

    Brennan Center Criticizes Supreme Court Decision to Uphold Indiana Voter ID Law

    Brennan Center for Justice criticized Court’s decision to uphold Indiana’s voter identification law—the strictest in the country—but noted that the decision did not give other states a blank check to block eligible voters

    More Press Releases

    National Network for Election Reform Applauds Kansas Governor Sebelius’s Veto of H.B. 2019

    Statement of the National Network for Election Reform applauding Kansas Governor Sebelius for vetoing H.B. 2019, which would have disenfranchised thousands of eligible Kansans by requiring the presentation of photo ID to vote and documentary proof of citizenship to register to vote.

    Wendy R. Weiser Before Senate Special Subcommittee on Aging

    Testimony focuses principally on voter identification requirements and their impact on older Americans.  As set forth here, voter ID requirements—especially the restrictive photo ID requirements that have been proposed and introduced over the past few years—substantially and disproportionately burden the voting rights of seniors.

    More Legislation & Testimony

    Proof of Citizenship Requirements; Chart of State Legislation

    In the most recent session (2007–2008), legislators in 19 different states have proposed proof of citizenship requirements for voter registration. The chart here, last updated on 6/19/2008, sets forth the known bills and their current status.

    Analysis of New Restrictive Identification Requirements, Missouri Senate Bill 1014 & 730

    The Brennan Center opposed two Missouri State Senate Bills, which were ultimately passed on June 14, 2006, whose restrictive identification requirements have disenfranchised many voters for the reasons presented in this legislative analysis.

    Florida: a Tough Place to Cast a Ballot

    Florida is courting electoral trouble. Heading toward another presidential election, state officials are making it increasingly difficult for citizens to vote, according to Miami Herald editorial.

    More Analysis & Commentary