Voter ID Requirement Nixed In Georgia

Georgia's controversial voter ID requirement was on hold during the summer's primary, and a state judge ruled this week that it is unconstitutional.

Judge Bedford’s ruling was a significant setback for the Republican-led effort to enforce a photo ID requirement at the polls in Georgia. A spokesman for Thurbert E. Baker, the state attorney general, said the state was already drafting an appeal and would file it to the Georgia Supreme Court as soon as possible.

In October, a federal judge blocked an earlier version of the law, which would have required registered voters who lacked an acceptable photo ID to pay to have one made.

Legislators quickly rewrote the measure to make the ID cards free. Supporters of the law say the cards are necessary to prevent voter fraud.

Exceeds HAVA Requirement
The 2002 federal Help America Vote Act (HAVA) requires states to check -- at the polling place -- the ID of any first-time voter who registered by mail, if the voter did not include verification information when registering.

According to the federal law, the material allowed as proof of ID includes the following:

1. a copy of current and valid photo ID; or
2. a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or
3. a driver's license number; or
4. at least the last 4 digits of the individual's social security number

Georgia's state law requires a photo ID. In other words, numbers 2-4 in the above list are not valid in Georgia, according to the legislature and governor, but while the law remains contested in court, photo and non-photo ID is legal. The forms of approved photo ID -- the only ID that would be allowed should the law be judged constitutional -- include:

• a Georgia driver’s license;
• any government-issued photo identification, such as a valid United States passport, government employee photo ID card, a military photo ID card; or
• a valid tribal photo identification card

If a voter does not have an approved form of photo ID, under this law they can cast a provisional ballot but must show voting officials an approved photo ID within two day.

Although the legislature says the bill is needed to combat voter fraud, voting rights advocates and voting experts contend that this type of voter fraud is not a widespread problem. In fact, "Kathy A. Rogers, director of elections in the Georgia secretary of state’s office, said her office had never investigated any cases of a person trying to pose as someone else at the polls."

Tied Up In Court
The law -- passed and signed in 2005 -- has been held up in court. However, the Federal Department of Justice stated "that the ID law had received preclearance under Section 5, arguing that the need to combat fraud cited by the bill's proponents was a valid concern" despite the fact that "DOJ staff assigned to review Georgia's case, after an exhaustive analysis, recommend[ed] the law be rejected under Section 5."

What About Your State?
Check out the database from Election Online to find the status of voter ID requirements in your state. According to the database, 24 states (as well as the District of Columbia) enforce the minimum HAVA ID requirements. Another 18 states require ID -- photo or non-photo -- for all voters; six states require all voters to show photo ID; and two states require all first-time voters to show photo ID.

Also, see Help America Vote Act, Extended Polling : Elections in an Age of Terrorism, eVoting Flawed : A GAO Review

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