Monday, October 10, 2011

Texas Voter Photo ID FAQ

Last Updated on January 23, 2012 @ 11:45pm
(This article is updated as events warrant)

A new voter photo ID law ( SB 14) passed by the Texas Legislature in 2011 requires voters to show photo identification.

Under Section 5 of the Voting Rights Act, the U.S. Dept. of Justice (USDOJ) or a federal court is required to pre-clear laws affecting voters in jurisdictions with a history of voting discrimination, including Texas and South Carolina.

The Texas Secretary of State’s Office sought preclearance from the USDOJ on July 25, 2011, but the Justice Department is still holding the matter under review.

The Justice Department has until mid-March to approve or block Texas' ID law. While no one knows for certain, most experts believe the USDOJ will deny preclearance of the Texas law, just as they did to the South Carolina voter ID law.

USDOJ action may now be moot because on Monday, January 23, 2012, the Texas attorney general’s office filed an Expedited Complaint for Declaratory Judgment the U.S. District Court of D.C. against U.S. Attorney General Eric Holder and the Department of Justice asking the court to grant preclearance the state’s controversial voter photo ID law without further delay.

It is anyone's guess what the D.C. Court’s decision will be on that complaint, how long it will take the court to make a decision, or if the D.C. court’s decision will be appealed to the Supreme Court of the United States (SCOTUS) once it acts.

No one can say with certainty that the voter photo ID law will, or will not, be enforced for any of the 2012 Texas elections. To be prepared, just in case the photo identification becomes a requirement for voting at some point in 2012, here are the things you need to know about the law. Even if you already have one of the required photo ID, please share this information with others.

Frequently Asked Questions:

When Will I Receive My New 2012-2013 Voter Registration Card?

Sample Registration Card for Collin Co., TXUsually, election officials mail out new cards in December, but this year, things are a little different.

If you are a registered voter with an expired voter registration card, then you will not receive a new one until the courts decide on how the Texas Congressional, and state Senate and House district maps will be drawn.

If the United States District Court for the Western District of Texas in San Antonio, that is hearing one of the Texas redistricting cases, orders split two part primary elections this year, county election officials will mail registration card at least twice:

One version of the card will be sent for part one of primary election, and second version of the card will be sent for part two of primary election. A third version of the registration card will likely be sent out in 2012, if the voter photo ID law is granted preclearance.

If The Voter Photo ID law is granted preclearance, what type of ID will I need to vote?

With the exception of the U.S. citizenship certificate, all government issued photo identification must be unexpired or expired no earlier than 60 days before the election. Acceptable identification includes:

  • A driver’s license, election ID certificate, or personal ID card issued to the person by the Department of Public Safety;
  • U.S. military ID card that contains the person's photograph;
  • U.S. citizenship certificate issued to the voter with their photograph;
  • U.S. passport; or
  • A license to carry a concealed handgun.

*Student IDs and Veteran IDs are not accepted in Texas for purposes of identification for voting.

Texas SOS Election Advisory No. 2011-10

I’m a senior. Am I exempt from the photo ID requirements?

SB 14, as passed by the Texas Legislature, has no exemptions for senior citizens, regardless of age.

What are some exceptions to the photo voter ID requirement?

Exceptions Available

A person may obtain an exemption from the ID requirement on the basis of disability if they produce a statement in a form determined by the SOS that the applicant does not have any of the prescribed forms of identification, and they have an:

  • U.S.S.S.A. determination of disability, or
  • U.S.V.A. disability rating of 50%.

Affidavit Alternative

A voter without a photo ID may cast a provisional ballot, which will count if she signs an affidavit attesting to the fact that she:

  • has a religious objection to being photographed, or
  • does not have an ID as a result of a natural disaster declared by the U.S. President or Texas’ Governor no earlier than 45 days before the election and that disaster caused the inability to access the voter’s ID.

The affidavit may be signed at the time the provisional ballot is cast or at the time the voter appears before the voter registrar within 6 days following the election to have the provisional ballot counted.

Early/Absentee Voting ID Requirements

The photo ID requirement does not apply to absentee voting, including early voting by mail. Photo ID requirements apply to all in-person or curbside early voting.

How do I get a qualified photo ID?

Voters who do not possess any of the above types of ID will be able to obtain a free Election Identification Certificate (EIC) from the Texas Department of Public Safety, if the law is precleared. In order to obtain an EIC, you will need to bring the same type of documentation used to prove your identity that you would need if you were apply for a Driver’s License or Personal Identification card. If you do not already have one of the above listed types of ID you must present one of the following documents at the DPS office:

  • Original or certified copy of a birth certificate issued by your appropriate birth state's State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, or the District of Columbia. A birth record issued by a hospital is not acceptable under this category.
  • Original or certified copy of U.S. Dept. of State Certification of Birth Abroad (issued to U. S. citizens born abroad)
  • Original or certified copy of court order with name and date of birth (DOB) indicating an official change of name and/or gender from a U.S. state, U.S. territory, or the District of Columbia.

If you do not currently have the required documentation to obtain an EIC, now would be a good time to start the process of obtaining the necessary documentation. For the list of acceptable DPS documents, click here. Helpful tip: One of the acceptable pieces of “Supporting Identification” necessary is a Voter Registration Card. If you are not already registered, have moved, or lost your card, you can get a new or updated certificate by going here. Getting a photo ID may require documentation such as a birth certificate and take several weeks. Voters without a qualified photo ID should allow enough time to get the required documents.

If you need to obtain ID documentation needed to obtain an EIC, here are some links you might find helpful:

Can I use an expired driver’s license to vote?

Except for citizenship papers, the ID must be current or have expired no more than 60 days before voting.

What will the poll worker check at the polls?

Poll workers will check that the photo is of the voter and the names on the ID and voter registration list match.

What if my name changed since the last time I voted?

You can check your registration information by visiting the “Am I Registered?” page of the Texas Secretary of State’s website. There are various ways to change your registration information:

  • Visit the Texas Secretary of State’s site. Texas does not offer online voter registration, but you can fill out a voter registration form to print and send to your Texas County's Elections office.

Do I need to re-register if my address changed?

If name on your ID and your voter registration match, addresses do not need to match.

What if I don’t have a photo ID when I go to vote?

Voters without a qualified Texas state- or government-issued photo ID can vote a provisional ballot and present a qualified photo ID within 6 days. If you are otherwise eligible and you present ID within six days, your ballot will count.

Can I use a school or university issued ID to vote?

No, students will not be able to use their school IDs to vote in the Texas elections. They will need to obtain one of the acceptable photo IDs issued by the Texas Department of Safety or the U.S. government.

Will State and County Election Officials provide more information, if the voter photo ID law is pre-cleared?

The Secretary of State, and the voter registrar of each county that maintains a website, shall provide notice of the ID requirements for voting in each language in which voter registration materials are available. The Secretary of State shall prescribe the wording of the notice to be included on the websites, and shall also conduct a statewide effort to educate voters regarding the identification requirements for voting. The county clerk of each county shall post in a prominent location at the clerk’s office a physical copy of ID information in each language in which voter registration materials are available.

More Texas Voter ID Resources

Voter Photo ID Related Stories:

Posted by DemBlogNews at 4:26 PM

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