Making Sense of Ohio's New ID Law

[Wilms]

Making Sense of Ohio's New ID Law

February 5, 2006

by Dan Tokaji

Last week, the Ohio legislature passed and the Governor signed a massive election bill (Sub HB 3), which significant changes in such areas as voter registration, provisional voting, challenges to voter eligibility, election contests, and the identification that voters must show at the polls. Unlike the laws that Georgia and Indiana have enacted, Ohio's law does not require government-issued photo identification. That's very good news for Ohio voters, since such photo ID laws impose a major burden on those who don't have photo ID -- a disproportionate number of which people have disabilities, are elderly, live in poverty, and are people of color.

The bad news is that, like many other features of Ohio's new law, the new requirements on ID and provisional ballots are very complicated. This will make implementation challenging, especially for the state's many poll workers, upon whom the functioning of the system depends. Most of these dedicated folks, I'd venture to guess, are not lawyers. Figuring out the detailed rules of how different voters are supposed to be treated, however, is something that almost requires a law degree -- indeed, I have one, have struggled with this bill for hours, and confess that I'm not completely sure I understand even the requirements on ID and provisionals.

The ID requirement is one example of this. Here's my quick and probably oversimplified understanding of Ohio's new ID requirement, including the parts of the law having to do with the counting of provisionals for those who don't have the required ID when they come to the polls:

1. Voters may cast a REGULAR (i.e., non-provisional) ballot if they show:

a. current and valid photo ID (it doesn't say "government-issued" so student or employee ID cards should work) , or

b. a military ID with name and current address, or

c. a utility bill, bank statement, paycheck, government check, or other government document showing the voter's name and current addresss.

If you've got one of the above, you're golden -- and you should insist on casting a REGULAR ballot when you go to the polls. All others cast PROVISIONAL ballots.

2. For those who lack the required forms of ID when they come to the polls, here are the basic rules on whether their provisional ballots count:

a. Voters who know their social security number (SSN) can provide the last four numbers of it, in which case the provisionals should be counted (as far as I can tell, there's no matching required). If they don't know their SSN when they appear at the polls, they can provide the last four numbers within 10 days and have their provisional ballots counted.

b. Voters who possess one of the allowed forms of ID, but don't have it with them on election day must bring it in (or provide the last four digits of their SSN) within 10 days, to have their provisional ballots counted.

c. There's an affidavit exception for voters who have none of the required ID or SSN. That means they can cast a provisional ballot if they sign a statement under oath verifying their identity, address, eligibility, etc. And as I understand the law, those votes should be counted unless there's some discrepancy.

snip

http://moritzlaw.osu.edu/blogs/tokaji/2006/02/making-sense-of-ohios-new-id-law.html

[seriousstan]

1. Sonds right. Having worked the polls in Columbus for 15 years, this

will be a new twist.

Another part of this bill says the government has to mail you a postcard 60 days before the election. I believe this postcard would count as a required document.

[MercutioATC]

2. But...but...it disenfranchises the elderly and poor....

...oh, wait. No it doesn't...

...never mind...