Voter identification laws explained

A voter identification law is a law that requires a person to show some form of identification in order to vote. In some jurisdictions requiring photo IDs, voters who do not have photo ID often must have their identity verified by someone else (such as in Sweden) or sign a Challenged Voter Affidavit (such as in New Hampshire) in order to receive a ballot to vote.[1] [2]

Examples

Argentina

In Argentina, voting is compulsory for all citizens between 18 and 70 years old, non-compulsory for those older than 70 and between 16 and 18, and citizens with domiciles in foreign countries. To vote they must present a valid Documento Nacional de Identidad at the corresponding voting center.[3]

Other countries in Latin America have similar policies.[4]

Australia

In Australia, voting is compulsory for all adult citizens. Failure to cast a ballot in a federal election without a valid reason may attract a fine of, and each state imposes its own fines for the same offence in state elections.[5] [6]

No form of ID is required to cast a ballot in person at a polling location; instead, voters are asked three questions before being issued a ballot, so that they can be checked off the electoral roll: name, residence address, and if they have voted before in this election.[7] On election day, voters can vote at any polling place in their state of residence, and at selected polling places in other states.[8]

If a person is voting by mail, they are required to include their Australian driver's licence, or Australian passport number and the address they are currently enrolled at.[9]

To register to vote, Australians must fill out a form, provide identification,[10] and send it in the mail. After submission, the form's contents, in particular the registered voter’s identity in most states, are not double checked by the government.[11]

In October 2021, the Liberal Morrison government had plans for a Voter ID Law: under the proposed voter integrity bill, a voter unable to produce ID can still vote if their identity can be verified by another voter, or by casting a declaration vote, which requires further details, such as date of birth and a signature.[12]

Brazil

In Brazil, voting is compulsory for all citizens between 18 and 70 years old.[13] To vote, all citizens must:

Since 2006, the Brazilian Electoral Justice has been re-registering voters with biometric identification. For the 2014 elections, it was predicted that mote than 22 million voters out of 141 million[15] would be identified by fingerprints.[16]

Canada

Federal elections

In Canada, the Federal government mails an Elections Canada registration confirmation card, which the voter takes to the polling station. The card tells the individual where and when to vote. Voters must prove their identity and address with one of three options:[17]

Provincial elections

Voter identification regulations vary from province to province. In Ontario, "ID is required to vote or to add or update your voter information on the voters list" and a substantial number of acceptable IDs, which do not need to be photo IDs, are accepted.[18] In Quebec, the voter must show one of five government-issued photo IDs, and if lacking any of these, will be directed to the identity verification panel.[19] In British Columbia, "all voters must prove their identity and residential address before voting", with three options offered for identification.[20]

Czech Republic

In the Czech Republic, voter registration of Czech citizens is automatic and requires no action from the eligible person; citizens of other EU countries residing in the Czech Republic have to actively visit a local government office if they wish to register.[21] All voters have to present an eligible form of photo ID, such as a passport or compulsory Czech national identity card at a polling station before they are allowed to vote. Not all photo IDs are eligible (for example, a driver's license is not allowed). No person is allowed to vote before presenting an eligible photo ID.[22] The legal requirement to present a photo ID has been in effect since 1 August 2000.[23]

Finland

In Finnish elections, eligible voters are sent a notice of the right to vote (notification of eligibility) to their home address by mail. The notification of eligibility will designate a voter's polling station, where voters must cast their vote, if voting on election day. Advance voting is possible at any of the general advance polling stations in Finland or abroad. Voters must present an identity document when voting.[24]

France

In France, voters must prove their identity when registering to vote, with proof of address (phone, water or electricity bill) and an identity document that proves your nationality: National Identity Card or Passport. On the day of the vote, in towns larger than 1,000 inhabitants, an identity document is required.[25] [26]

Germany

In Germany, due to compulsory registration of residence with the municipality, the voter roll is kept automatically without any need to register to vote. Everyone eligible to vote receives a personal polling notification by mail, 4 to 8 weeks before the election. The notification indicates the voter's precinct polling station. Voters must present their polling notification and, if asked, a piece of photo ID (identity card or passport issued by the government). If the voter cannot present the notification, a valid photo ID and an entry in the register of voters can qualify for voting.[27] [28]

Greece

Voters identify themselves by their ID cards and are given the full number of ballot papers for the constituency, plus a blank ballot paper and an empty envelope.[29]

Hungary

Voting is voluntary for all citizens 18 years or older. All voters should show a photo ID and an address card. To prevent duplicate voting, they need to register themselves if they want to vote at a different place to the residence on their address card.[30]

Iceland

Voting is voluntary for all citizens 18 years or older in Iceland. All voters must present photo ID to vote for their preferred candidate. To prevent duplicate voting fraud, every voter is checked against the national voter database before their ballot is placed into the ballot box.[31]

India

The Indian voter ID card is an identity document issued by the Election Commission of India to adult domiciles of India who have reached the age of 18, which primarily serves as identity proof for Indian citizens while casting their ballot in the country's municipal, state, and national elections. It also serves as general identity, address, and age proof for other purposes, such as buying a mobile phone SIM card or applying for a passport. It also serves as a Travel Document to travel to Nepal and Bhutan by land or air.[32] It is known as an Electoral Photo ID Card (EPIC). They were first introduced in 1993 during the tenure of the Chief Election Commissioner TN Seshan.[33] There are 11 other types of alternative identification documents specified which can be accepted for voting.[34]

Ireland

In Ireland, voters receive a polling card in advance of any election or referendum. While it is not necessary to bring this along to vote, voters are required to bring identification with them in order to vote. Acceptable forms of identification include passports (including Irish passport cards), driving licences, workplace identity cards (with a photograph), student identity cards (with a photograph), travel documents (with a photograph), Public Services Cards or a bank or credit union account book with an address in the constituency. If the individual does not have one of these, they can also present a cheque book or card, a credit card or birth or marriage certificate, together with proof of address in the constituency (e.g. a utility bill).[35]

Israel

Similar to Germany, there is a national voters' database, and photo ID is required (identity card, passport or driving licence).[36]

Italy

Italy requires voters to present a photo ID (ID card, driver license, passport) and a voter card ("Tessera elettorale"), which can also be issued on election day.[37] [38]

Luxembourg

In principle, Luxembourg requires voters to present their passport, identity card, residence permit or visa when voting. However, a derogation allows for this requirement to be waived if a member of staff at the polling station can personally vouch for the identity of the voter.[39]

Mexico

In Mexico, voting is a voluntary right and is exercised protected by secrecy. Electoral laws are created by the federal government through the INE: National Electoral Institute (formerly IFE: Instituto Nacional Electoral 1990-2014). A free photo ID or elector's card is issued by right to all citizens of Mexico over the age of 18, but sometimes months prior. Being allowed to commence paperwork before turning 18 is decided upon the day and month of birth, and how it plays in the current year's electoral calendar, as the institute suspends all new registries several months prior to any election. This allows young Mexicans turning 18 within an inactive period to still enroll and guarantee their right to participate in the coming election. The full legal age in Mexico is 18 for both born and naturalized citizens.

The voting ID card was introduced in 1990 by the now inactive IFE as a tool to "properly identify electors in a country with a history of voters casting multiple ballots and curious vote counts resulting in charges of fraud."[40] After 2014 the IFE was deemed permanently inactive due to minor constitutional reforms; therefore, the INE was simultaneously created. Although both institutes carry out almost exactly the same tasks and duties, this change allowed for yet further homogenization of elections in the country and opening way to what many Mexicans and members of the international community call the first ever legal elections in the country, in 2017. While there is no single official identity document in Mexico, the INE voter's ID is currently the most widely accepted identity document in the country for legal, commercial and financial purposes, making it a vital document for all Mexicans over the age of 18, and consequently broadening the chance for more citizens participating on election day.

Namibia

In Namibia, voter ID is needed to cast a ballot. Voter registration cards include a photo and evidence of citizenship.[41]

Netherlands

The registration office of each municipality in the Netherlands maintains a registration of all residents. Every eligible voter receives a personal polling notification by mail some weeks before the election, indicating the polling station of the voter's precinct. Voters must present their polling notification and a piece of photo ID (passport, identity card, or drivers license (a passport or ID is compulsory from the age of 14)). Such photo ID may be expired, but not by more than five years.[42]

New Zealand

Identification does not need to be presented when voting, or enrolling to vote, in elections in New Zealand.[43] [44] When voting, voters need to confirm their name, and sometimes their address and occupation, and will then be marked off the electoral roll.[45] In more recent elections (such as in 2017 and 2020), Easyvote cards were mailed to enrolled voters to make the process faster.[46]

Norway

Voting in Norway is voluntary for citizens 18 years or older (16 in some municipal elections in some municipalities). Every person who is eligible to vote is sent a polling card in the mail about six months prior to the election. The polling card recommends the closest voting location, usually the closest school, community building or similar. Voters are not required to vote at their assigned location, but they are required to vote within their municipality, unless voting early. Early votes can be submitted at any official polling place in the country. The polling card lists the date(s) of the election, opening times of polling locations and information on how to vote. While it is not mandatory to bring the polling card on the day(s) of the election, it generally makes the process smoother. However, a photographic ID, such as a passport or a driver's license, is required to vote. During the election day, after voters pick their, they present their photographic ID, and optionally, a poll card, to the poll attendants, who verify the information against a database, and record that they have voted.[47]

Sweden

When physically voting on election day or during early voting, every voter must provide a valid identification document (such as a passport, drivers license, or an ID card from the Swedish Tax Agency). If a voter is missing valid identification, another person with valid ID-documents can certify the identity of the documentless voter.[48]

Switzerland

There are up to three different ways to vote at the national and cantonal level in Switzerland: 1) directly at the polling station, bringing along some ID (ID card, passport) and the voting material sent by mail three to four weeks before election day; 2) postal voting, by following the instructions included in the voting material sent by mail; 3) voting online, offered in 10 cantons at the beginning of 2019, but not yet at the national level.[49] E-voting is a contentious issue, particularly with regard to a projected digital ID, which raises concerns regarding confidentiality, security and verifiability.

United Kingdom

Photographic identification is mandatory to vote in elections in Northern Ireland, [50] and in the rest of the United Kingdom since 2023.

Before any election, all eligible voters are sent a poll card by their local authority, but it is not a requirement to be in possession of a poll card to vote.[51] Voters are asked to give their name and address at the polling station.

A voter ID trial was held for the 2018 United Kingdom local elections by the national Conservative government. Voters in five local authorities in England (Bromley, Gosport, Swindon, Watford and Woking) were required to show ID before voting.[52] [53] The legal basis for the trial was contested,[54] but upheld in R (on the application of Coughlan) v Minister for the Cabinet Office.[55]

Voter ID legislation was part of the 2021 Queen's Speech.[56] In 2022, the Conservative government passed the Elections Act 2022. The Act introduces voter photo identification for in-person voting to Great Britain for the first time. The requirement applies to UK general elections, English local elections, and police and crime commissioner elections in England and Wales.[57] [58]

In June 2023, the UK Electoral Commission found that 14,000 people were turned away from voting during the local elections in May for not having a required form of ID.[59] The Commission stated that there were "concerning" signs that voters with disabilities, unemployed people and people from particular ethnic groups could be disproportionately affected by the new ID rules. The Commission also carried out separate polling which found that 4% of people who did not vote did not because of the new ID rules; it estimated that at least 400,000 people could not or chose not to vote due to the new ID rules.[60]

United States

See also: Voter identification laws in the United States. Many states have some form of voter ID requirement, which have been allowed to stand by the Supreme Court.[61] [62], nineteen states have a requirement for a photo ID.[63]

Public opinion polls have shown broad support for voter ID laws among voters in the United States. A 2011 Rasmussen poll found that 75% of likely voters "believe voters should be required to show photo identification, such as a driver's license, before being allowed to vote."[64] A 2012 Fox News poll produced similar results, revealing that 87% of Republicans, 74% of independent voters, and 52% of Democrats supported new voter ID laws.[65] A 2021 Pew Research poll showed that 93% of Republicans and 61% of Democrats favor requirements that voters show government-issued photo ID to vote.[66]

See also

Notes and References

  1. Web site: Voter ID . 2023-05-18 . .
  2. Web site: The right to vote in Sweden . 2023-05-18 . . en.
  3. News: 2012-11-01 . Argentina voting age lowered from 18 to 16 . en-GB . BBC News . 2023-05-18.
  4. Web site: 2023-01-11 . 2023 Elections in Latin America: A Preview . 2023-05-18 . AS/COA . en.
  5. Web site: Fine for Not Voting . Criminal Defence Lawyers Australia . 16 April 2023 . 7 September 2023.
  6. Web site: Failing to vote . Armstrong Legal . 2 August 2021 . 7 September 2023.
  7. News: Lowrey . Tom . 2021-10-28 . Fears voter ID laws before Parliament will disenfranchise most vulnerable . en-AU . ABC News . 2023-05-18.
  8. Web site: Voting options . 2023-05-18 . Australian Electoral Commission . en-AU.
  9. Web site: . 8 July 2024 . How to vote by mail .
  10. Web site: Enrol to vote . 2023-05-18 . . en-AU.
  11. Web site: Voter Identification in Australia . 2023-05-18 . .
  12. Web site: Karp . Paul . Proposed voter ID laws 'real threat' to rights of Indigenous Australians and people without homes . The Guardian . October 27, 2021 . 20 November 2022.
  13. Compulsory for Whom? Mandatory Voting and Electoral Participation in Brazil, 1986–2006 . https://web.archive.org/web/20090518024148/http://hup.sub.uni-hamburg.de/giga/jpla/article/view/23/23 . Timothy J. . Power . Journal of Politics in Latin America . 22 April 2009 . 1 . 1 . 97–122 . 10.1177/1866802X0900100105 . 2009-05-18 .
  14. http://www.tse.jus.br/eleitor/zonas-eleitorais Zonas eleitorais
  15. http://www.tse.jus.br/eleicoes/biometria-e-urna-eletronica Biometria e urna eletrônica
  16. http://english.tse.jus.br/electronic-voting/the-biometrical-system-in-brazil The Biometrical System in Brazil
  17. Web site: Canada . Elections . 2023-04-04 . ID to Vote . 2023-05-18 . www.elections.ca.
  18. Web site: Acceptable documents for voter identification . 2022 Voters' Guide - Ontario municipal council and school board elections . ontario.ca . 2023-05-18 . en.
  19. Web site: Can you vote? . 2023-05-18 . Élections Québec . 17 May 2021 . en-CA.
  20. Web site: 2017-04-03 . Voter ID . 2023-05-18 . Elections BC.
  21. Web site: For foreigners - voters - Volby . 2023-09-26 . www.mvcr.cz . cs.
  22. Web site: Co s sebou k volbám - Volby . 2023-09-26 . www.mvcr.cz . cs.
  23. Web site: CS . AION . 204/2000 Sb. Zákon, kterým se mění zákon č. 247/1995 Sb., o volbách do Parlamentu České republiky a o změně a dop... . 2023-09-26 . Zákony pro lidi . cs.
  24. Web site: Elections and voting in Finland . 2023-05-19 . www.infofinland.fi . en.
  25. News: Listes électorales : nouvelle inscription. 2018-03-06. fr.
  26. News: Quelle pièce d'identité peut-on présenter pour voter ?. 2018-03-06. fr.
  27. Web site: Ausweispflicht . . Duty to provide identification . dead . https://web.archive.org/web/20130727140431/http://www.bundeswahlleiter.de/de/glossar/texte/Ausweispflicht.html . 2013-07-27.
  28. Web site: § 56 BWO - Einzelnorm . 2023-05-19 . www.gesetze-im-internet.de.
  29. Web site: Information for the Voters . 2023-05-19 . Υπουργείο Εσωτερικών . en-US.
  30. Web site: Sarkadi . Zsuzsanna . 2022-01-21 . General elections in Hungary . 2023-05-19 . Hungarian Citizenship . en-US.
  31. Web site: 24/2000: Lög um kosningar til Alþingis . 2023-05-19 . Alþingi . is.
  32. Web site: Indian Visiting Abroad . https://web.archive.org/web/20130716023610/https://boi.gov.in/content/indian-passengers . 16 July 2013 . Bureau of Immigration.
  33. Web site: Election Commission of India . Eci.nic.in . 2015-02-26.
  34. News: 11 documents will be accepted as ID proof. The Hindu . 2019-03-21 . 2019-03-21.
  35. Web site: Voting in a general election . 2023-05-21 . CitizensInformation.ie . en.
  36. Web site: Frequently Asked Questions . 2023-05-19 . GOV.IL . en.
  37. Web site: 2022-09-26 . Tessera elettorale: informazioni e modalità di consegna . 2023-05-19 . Comune di Verona . it.
  38. Web site: Chiedere il rilascio della tessera elettorale Sportello Telematico Unificato STU3 . 2023-05-19 . sportellotelematico.comune.paullo.mi.it . it.
  39. Web site: Élections législatives, européennes et communales - Legilux . 2022-05-10 . legilux.public.lu.
  40. News: Agren . David . Mexico's national voter IDs part of culture . https://archive.today/20161128022908/http://usatoday30.usatoday.com/news/world/story/2012-01-22/mexico-national-voter-ID-cards/52779410/1 . November 28, 2016 . dead . 24 June 2018 . USA Today . 25 January 2012 .
  41. Web site: A to Z guide to voting. 2021-07-11. The Namibian. en.
  42. Web site: Frequently asked questions (FAQs) . October 13, 2017.
  43. Web site: Orr. Graeme. Voter ID is a bad idea. Here's why . 2021-11-29. The Conversation. 3 November 2021 . en.
  44. Web site: 2017-10-06. No ID needed to enrol - or vote - in New Zealand. 2021-11-29. RNZ. en-nz.
  45. Web site: 2017-09-07. How to vote in the 2017 NZ election when it early voting opens. 2021-11-29. Stuff. en.
  46. Web site: 2020-07-27. Election 2020: When, where and how you can cast your vote in the election. 2021-11-29. Stuff. en.
  47. Web site: Elections 2012 (in Dutch) . September 16, 2012.
  48. Web site: 2023-04-13 . Rösta på valdagen . 2023-05-19 . val.se . sv.
  49. Web site: Where and when to vote? . 2023-05-19 . www.ch.ch . en.
  50. Web site: Elections. NI Direct. November 13, 2015. 5 July 2017.
  51. Web site: Ways of voting. gov.uk. HM Government. 5 July 2017.
  52. News: Swinford. Steven. Voters may have to show ID to combat voter fraud in 'vulnerable' areas. 5 July 2017. Daily Telegraph. 27 December 2016.
  53. News: Polling station voter ID plans are deeply flawed, say critics . Press Association . 2018-04-28 . . 2018-04-29 . en.
  54. News: UK's voter ID trial in local elections could be illegal – barristers . Walker . Peter . 2018-06-06 . 2018-06-06 . . en.
  55. Web site: R (on the application of Coughlan) (Appellant) v Minister for the Cabinet Office (Respondent) . . 10 May 2023.
  56. Web site: 2021-05-11. Queen's Speech: What did she say at the State Opening of Parliament?. 2021-05-12. The Independent. en.
  57. News: Elections Bill: MPS approve plans for voter ID checks . BBC News . January 18, 2022 .
  58. Web site: MPs vote for controversial legislation to introduce voter ID . 2023-05-19 . Sky News . en.
  59. News: ID rules stopped 14,000 people voting, watchdog finds . BBC.
  60. News: Walker . Peter . 2023-06-23 . Voter ID: 14,000 were denied vote in England local elections, watchdog finds . 2023-06-23 . . en-GB . 0261-3077.
  61. News: Voter identification: First, show your face . The Economist . September 17, 2011 . November 12, 2011.
  62. News: Richard . Wolf . Supreme Court lets Wisconsin voter ID law stand . USA Today . March 23, 2015 . December 4, 2015.
  63. Web site: Voter ID Laws . 2023-05-18 . www.ncsl.org.
  64. News: Roff. Peter. Poll: Democrats and Republicans Support a Voter ID-Check Law. U.S. News & World Report. June 10, 2011. May 16, 2012.
  65. News: Blanton. Dana. Fox News Poll: Most think voter ID laws are necessary. Fox News. April 18, 2012. May 16, 2012.
  66. News: Republicans and Democrats Move Further Apart in Views of Voting Access. Pew Research Center. April 22, 2021.