Voter-ID law on books; it’s different from ’13, governor says
Asa Hutchinson signed a bill into law Friday aimed at resurrecting many of the requirements of a voter-identification law that was struck down by the Arkansas Supreme Court in 2014.
House Bill 1047, by Rep. Mark Lowery, R-Maumelle, will require voters to show photo identification before casting ballots. It also will require the secretary of state’s office to issue free photo identification cards to those who lack other acceptable identification.
A new provision — not included in the old law — allows people without photo identification to sign a sworn statement saying they are registered in Arkansas. By signing that statement, they will be allowed to cast provisional ballots to be verified later.
“I’ve always supported reasonable requirements for verification of voter registration,” Hutchinson said in a statement. “This law is different — in a number of ways — than the previous law, which was struck down by the Supreme Court. It should hold up under any court review. For those reasons, I signed the bill into law.”
Proponents of voter-identification laws see the increased requirements as a way to prevent voter impersonation and fraud. Opponents say there is little fraud and that such laws unduly restrict the right to vote and also impose unnecessary burdens on election administrators.
The American Civil Liberties Union of Arkansas filed suit over the 2013 law and
has raised concerns about the new law.
“I hear a lot of discussion about how this could lead to lawsuits or this could lead to litigation, but the most important thing about litigation is someone’s rights are in jeopardy or they’re about to be taken away,” said Holly Dickson, legal director of the ACLU of Arkansas.
According to the constitution, Arkansas voters need only be age 18 or older, U.S. citizens, Arkansas residents and properly registered to vote.
“It pretty clearly is a requirement for voting,” Dickson said of the new law on voter identification.
After the 2013 law went into effect, she said she identified 1,064 Arkansans who had to file provisional ballots during the May 2014 primary because they lacked an appropriate identification.
Four of the state Supreme Court’s seven justices ruled that the 2013 law improperly added a qualification to the voter qualification requirements in the state’s constitution.
Some lawmakers, concerned about a court challenge to this year’s law, drafted a proposed constitutional amendment to require photo IDs at the polls. The proposed amendment will be referred to
voters for a decision in 2018.
Lowery said there’s a “strong chance” the new law would survive a court challenge. The bill was drafted so an identification is required to prove registration, not to vote, he said.
The state constitution’s Amendment 51 concerning voter registration authorizes lawmakers to amend registration requirements if twothirds of both houses of the General Assembly approve. HB1047 cleared that threshold; the vote was 74-21 in the 100-member House and 25-8 in the 35-member Senate.
The idea for anyone without identification to cast a vote with a signature originally came from the ACLU. However, the organization did not want the measure to result in a provisional ballot that’s counted if a county commission approves.
“That’s our chief concern — that this is going to lead to someone’s ballot not counting,” Dickson said.
But Lowery said the measure is appropriate and makes the Legislature’s intentions clear.
“I never expected that
the one change was going to perfectly settle all the concerns, but I think it did go a long ways to answering the question if this was purposely done to disenfranchise,” he said. “There’s just a very small minority of people who don’t have an ID and we’ve created an avenue for their vote to be counted.”
Identification that would be accepted under the new law are driver’s licenses; photo identification cards; concealed-handgun carry licenses; U.S. passports; employee badges or identification documents; student identification cards issued by accredited Arkansas colleges and universities; U.S. military identification documents; public-assistance identification cards; and free voter-verification cards.
The secretary of state’s office already has equipment for each county to provide the free cards.
A total of 34 states have laws requesting or requiring voters to show some form of identification at the polls, according to the National Conference of State Legislatures. Arkansas is included on that list because an identification is currently requested but not required.
Seven states have “strict” photo identification laws that require voters lacking valid identification to take additional steps after election day for their votes to be counted, according to the conference.