State and Local Officials and Voter ID

Abstract

The fight over voter identification (voter ID) remains white hot. States continue to pass voter ID laws; litigation regarding the constitutionality and legality of those laws rages. However, the focus on the legality of voter ID laws can lead to insufficient attention being paid to the role state and local officials and poll workers play in enforcing those laws. Whether a voter can cast a ballot and have her vote counted may depend on a state or local official's interpretation of a voter ID law. Voter ID laws tend to address one question—is the putative voter the person listed in the pollbook?—by asking a different question—has the putative voter produced acceptable identification? Structuring the inquiry that way is problematic because it may lead to disfranchising people who should be allowed to vote but do not have proper identification. As importantly, the answer to the second question depends on how forms of identification are defined and how a poll worker decides whether the putative voter's identification is acceptable. When voter ID laws are clear and easily interpreted, state and local officials need not use much judgment in defining what forms of identification are acceptable, and poll workers need not use much judgment in determining if a putative voter's identification is acceptable. When a voter ID law is unclear, however, state and local officials and poll workers may need to exercise discretion to decide whether a voter may vote, which may allow poll workers to favor some voters and disfavor others. A statute's clarity may also affect how quickly poll workers can decide whether a voter's identification is proper and how quickly poll workers can resolve disputes regarding whether to accept a voter's proffered identification. That may affect how long polling lines stretch and how long voters must wait to vote on Election Day, both issues of democratic concern. Virginia's voter photo ID law provides an opportunity to explore these issues.