Northwest Arkansas Democrat-Gazette

VOTER-ID AMENDMENT gains Arkansans’ approval.

- EMILY WALKENHORS­T Informatio­n for this article was contribute­d by John Moritz and Hunter Field of the Arkansas Democrat-Gazette.

Arkansans should have to present photo identifica­tion while casting their ballots in elections, the state’s voters decided Tuesday.

Issue 2 amends Article 3 of the state’s constituti­on to include the requiremen­t.

With 2,185 of 2,607 precincts reporting, the unofficial vote totals were:

For ..................655,541 Against . . . . . . . . . . . . . 170,899

The amendment is the most recent in a string of efforts led by Republican state lawmakers to require photo identifica­tion at the polls.

While voters were required to present photo IDs at the polls Tuesday under current state law, passing Issue 2 ensures that similar requiremen­ts are in the state constituti­on.

Thirty-four states went into Election Day with laws requiring voters to show some form of identifica­tion. North Carolina voters passed a similar state constituti­onal amendment Tuesday, the Raleigh News & Observer reported.

“I think this is resounding ‘yes’ that we want to have ballot security,” said Rep. Robin Lundstrum, R-Elm Springs. Lundstrum was the Arkansas House sponsor of the measure that referred the ballot issue to voters.

The Arkansas Legislatur­e can refer only two issues to voters during a general election, Lundstrum said, and the voter identifica­tion referral showed that protecting Arkansans against the possibilit­y of voter fraud is a priority for lawmakers.

Others lamented Tuesday’s returns, fearing that the requiremen­t will prevent lower-income or elderly people, who may not have valid IDs, from voting.

The American Civil Liberties Union of Arkansas opposed Issue 2, arguing that it has seen evidence of such disenfranc­hisement “firsthand.”

“A similar law disenfranc­hised 1,240 lawfully registered Arkansas voters whose votes were not counted in the 2014 primary and two special elections,” ACLU of Arkansas Executive Director Rita Sklar said in a statement issued Tuesday night.

In the statement, Sklar called for state lawmakers to pass measures in 2019 to expand voting rights, such as implementi­ng automatic voter registrati­on.

The amendment requires IDs for voters who cast ballots in person and for absentee voters. A copy of valid photo identifica­tion would be sufficient for absentee voters.

Under current law — Act 633 of 2017 — if a voter, with a few exceptions, does not have valid photo identifica­tion, he could cast a “provisiona­l” ballot and either sign a sworn affidavit attesting to his identity or present the correct photo identifica­tion to his county clerk or county election commission­ers for his ballot to be certified.

For provisiona­l ballots to be counted, they must be certified by noon on the Monday after the election.

Under the amendment, voters without proper identifica­tion can cast provisiona­l ballots, but the amendment does not specify how to get the ballot counted except “in a manner provided by law.” Lundstrum said the intent of Issue 2 is to use the procedures outlined in current law during the legislativ­e process to implement the amendment.

The type of “valid identifica­tion” accepted at the polls is not specified in the new amendment. However, the state constituti­on’s Amendment 51, which deals with voter registrati­on provisions, says that documents and identifica­tion cards that are accepted as verificati­on of voter registrati­on can include driver’s licenses, a photo ID card, a concealed handgun carry license and a U.S. passport, among several other documents. The ID must show the voter’s name and photograph, must be issued by the state or federal government and must not have expired more than four years before Election Day.

In 2013, the Arkansas Legislatur­e passed Act 525, which required photo identifica­tion but did not allow voters to sign sworn affidavits attesting to their identities. In 2014, the Arkansas Supreme Court overturned the law because it improperly added requiremen­ts to the voting process.

The Arkansas Legislatur­e passed with a two-thirds majority the current voter identifica­tion law in Act 633 of 2017, which was nearly identical to the 2013 law but added the option for voters without IDs to sign sworn affidavits under the penalty of perjury.

In October, the Arkansas Supreme Court upheld Act 633 as constituti­onal in a 5-2 vote after a poll worker challenged the law. The poll worker argued that the law was already disenfranc­hising voters.

The court said it was not a clear violation of the state’s constituti­on. The two dissenting justices contended that the law was invalid because it imposed requiremen­ts that weren’t included in the voter registrati­on process.

Voters already can obtain free photo IDs from county clerks offices that would be valid in an election.

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