The primary purpose of laws that require citizens to show identification at polling locations is to ensure that a person claiming to be an eligible voter is who they say they are. At the same time, voter ID laws influence who shows up to vote in the first place, as eligible voters may not have the required type of identification. The other side of the argument is that if a valid ID is required to book a hotel room, drive a car, redeem a lottery ticket, purchase alcohol, or board an airplane, why shouldn’t identification be required to vote? Where do these laws exist? How difficult is it to obtain a valid ID? How much voter fraud occurs in the first place? And how much do voter ID laws affect turnout?
What are voter ID laws?
Voter ID requirements vary widely across the states. Texas, for example, requires a photo ID to vote, but Vermont does not. As of early 2024, 35 states have some form of voter identification laws, and 15 do not.
Why do voter ID laws vary by state?
The Constitution (specifically Article I, Section 4) allows states to create their own regulations around voting. There is considerable variation in laws across states. For instance, Wyoming allowed women to vote in elections more than fifty years before they could vote in national elections. In contrast, suppression laws were widespread in certain regions of the South to limit participation from black citizens. States must now follow federal requirements when setting voter identification policies. The Help America Vote Act (HAVA) of 2002 requires that first-time voters prove their identity by providing a driver’s license number or the last four digits of their social security number.
States began adopting voter identification laws in 2005 when Indiana passed a strict voter identification law, which was later challenged but upheld by the Supreme Court. States with Republican-controlled legislatures and governorships are statistically more likely to adopt stricter voter identification laws. Between 2005 and 2015, fourteen states passed voting laws favoring voter ID requirements. Of these fourteen states, twelve had Republican control of the legislature and the governorship.
What are the arguments in favor of Voter ID laws?
The primary argument in favor of voter identification laws is that they help protect against voter fraud, preserve the integrity of elections, and are commonplace with more sensitive activities. Examples of concern around potential voter fraud include individuals voting in districts where they no longer reside, attempting to vote in more than one district, or on behalf of another individual, deceased or otherwise. With this said, in 2020, there were only 17 criminal convictions of voter fraud across the United States. By contrast, over 155 million votes were cast in the 2020 presidential election, for a fraud rate of about one case per 10 million votes. (Of course, in the absence of ID laws, additional fraud cases may go undetected.)
What are the arguments against Voter ID laws?
One argument against voter identification laws is that they could lower voter turnout, as they create one additional barrier to casting votes. Opponents of voter identification laws also argue that these laws place a disproportionate burden on historically disadvantaged groups, such as people with low incomes or people of color, as these citizens are less likely to have valid photo identification. One study pooled data from six different sources to estimate the percentage of ID holders by race. This data is shown in the figure below.
Whites have the highest rate of holding valid forms of ID at about 90%. This rate is about ten percentage points higher than that of Blacks (81%), 8 points higher than Latinos (82%), and Asians (85%). Thus, strict voter ID laws can significantly impact the composition of the Election Day electorate.
The evidence for these effects is mixed. Some studies have found that ID laws have little impact on voter turnout, even among minority voters. Other studies find that in states with strict voter identification laws, Blacks, Latinos, and Democrats were less likely to vote than White and Republican voters. In addition to people of color, Voter ID laws tend to have a greater impact on marginalized populations, including Native American communities, low-income, and, in certain circumstances, the elderly and rural voters, regardless of race or ethnicity.
Further Reading
Highton, B. (2017). Voter identification laws and turnout in the United States. Annual Review of Political Science, 20, 149-167. http://tinyurl.com/58pzzck6, accessed 12/13/23.
Barreto, Matt A., Stephen Nuño, Gabriel R. Sanchez, and Hannah L. Walker. (2018). “The Racial Implications of Voter Identification Laws in America.” American Politics Research 47 (2): 238–49. http://tinyurl.com/59dvn2dm, accessed 12/14/23.
Mycoff, J. D., Wagner, M. W., & Wilson, D. C. (2009). The empirical effects of voter-ID laws: Present or absent?. PS: Political Science & Politics, 42(1), 121-126. http://tinyurl.com/yck349b3, accessed 12/14/23.
Sources
What are voter ID laws?
National Conference of State Legislatures. (2023). Voter ID Laws. http://tinyurl.com/y3m92dc9, accessed 7/25/23.
Why do Voter ID laws vary by state?
Brennan Center for Justice. (n.d.). The Help America Vote Act. http://tinyurl.com/4ub6m2rd, accessed 12/13/23.
Highton, B. (2017). Voter identification laws and turnout in the United States. Annual Review of Political Science, 20, 149-167. http://tinyurl.com/58pzzck6, accessed 12/13/23.
National Conference of State Legislatures. (2023). Voter ID Laws. http://tinyurl.com/y3m92dc9, accessed 7/25/23 (chart data)
What are the arguments in favor of Voter ID laws?
Harden, J. J., & Campos, A. (2023). Who benefits from voter identification laws? Proceedings of the National Academy of Sciences, 120(7). http://tinyurl.com/mr23cnt2, accessed 12/13/23.
What are the arguments against Voter ID laws?
Barreto, Matt A., Stephen Nuño, Gabriel R. Sanchez, and Hannah L. Walker. (2018). “The Racial Implications of Voter Identification Laws in America.” American Politics Research 47 (2): 238–49. http://tinyurl.com/59dvn2dm, accessed 12/14/23.
Filer, J. E., Kenny, L. W., & Morton, R. B. (1991). Voting Laws, Educational Policies, and Minority Turnout. Journal of Law and Economics 34(2), 371–93. https://www.jstor.org/stable/725447, accessed 12/14/23 (chart data).
The Heritage Foundation. Election Fraud Cases. (2023). http://tinyurl.com/34fhfu7w, accessed 11/28/23.
Highton, B. (2017). Voter identification laws and turnout in the United States. Annual Review of Political Science, 20, 149-167. http://tinyurl.com/vt5yvhkc, accessed 12/14/23.
Hajnal, Z., Lajevardi, N., & Nielson, L. (2017). Voter identification laws and the suppression of minority votes. The Journal of Politics, 79(2), 363-379. http://tinyurl.com/3wt2mk9h, accessed 12/14/23.
Highton, B. (2017). Voter identification laws and turnout in the United States. Annual Review of Political Science, 20, 149-167. http://tinyurl.com/vt5yvhkc, accessed 12/14/23.
Mycoff, J. D., Wagner, M. W., & Wilson, D. C. (2009). The empirical effects of voter-ID laws: Present or absent?. PS: Political Science & Politics, 42(1), 121-126. http://tinyurl.com/yck349b3, accessed 12/14/23.
Rocha, R. R., & Matsubayashi, T. (2014). The Politics of Race and Voter ID Laws in the States: The Return of Jim Crow? Political Research Quarterly, 67(3), 666–679. http://www.jstor.org/stable/24371900, accessed 12/14/23.
This Policy Brief was researched in June 2023 by interns Eli Oaks and Julia Acevedo, drafted by Mary Adams, and edited by Dr. Nate Birkhead and Dr. William Bianco with the assistance of subject matter expert Professor Cory Colby.