VOTING LAW CHANGES IN 2012

INTRODUCTION

Legislators introduced and passed a record number of bills restricting access to voting this year. New

laws ranged from those requiring government-issued photo identification or documentary proof of

citizenship to vote, to those reducing access to early and absentee voting, to those making it more

difficult to register to vote. In total, at least nineteen laws and two executive actions making it more

difficult to vote passed across the country, at least forty-two bills are still pending, and at least sixtyeight more were introduced but failed.

As detailed in this report, the extent to which states have made voting more difficult is unprecedented

in the last several decades, and comes after a dramatic shift in political power following the 2010

election. The battles over these laws were—and, in states where they are not yet over, continue to

be—extremely partisan and among the most contentious in this year’s legislative session. Proponents of

the laws have offered several reasons for their passage: to prevent fraud, to ease administrative burden,

to save money. Opponents have focused on the fact that the new laws will make it much more difficult

for eligible citizens to vote and to ensure that their votes are counted. In particular, they have pointed

out that many of these laws will disproportionately impact low-income and minority citizens, renters,

and students—eligible voters who already face the biggest hurdles to voting.

This report provides the first comprehensive overview of the state legislative action on voting rights

so far in 2011. It summarizes the legislation introduced and passed this legislative session, provides

political and legal context, and details the contentious political battles surrounding these bills.

Overall, legislators introduced and passed the following measures:

• Photo ID laws. At least thirty-four states introduced legislation that would require voters

to show photo identification in order to vote. Photo ID bills were signed into law in seven

states: Alabama, Kansas, Rhode Island, South Carolina, Tennessee, Texas, and Wisconsin. By

contrast, before the 2011 legislative session, only two states had ever imposed strict photo ID

requirements. The number of states with laws requiring voters to show government-issued

photo identification has quadrupled in 2011. To put this into context, 11% of American

citizens do not possess a government-issued photo ID; that is over 21 million citizens.

• Proof of citizenship laws. At least twelve states introduced legislation that would require

proof of citizenship, such as a birth certificate, to register or vote. Proof of citizenship laws

passed in Alabama, Kansas, and Tennessee. Previously, only two states had passed proof of

citizenship laws, and only one had put such a requirement in effect. The number of states with

such a requirement has more than doubled.

• Making voter registration harder. At least thirteen states introduced bills to end highly

popular Election Day and same-day voter registration, limit voter registration mobilization

efforts, and reduce other registration opportunities. Maine passed a law eliminating Election

Day registration, and Ohio ended its weeklong period of same-day voter registration. Florida VOTING LAW CHANGES | 3

and Texas passed laws restricting voter registration drives, and Florida and Wisconsin passed

laws making it more difficult for people who move to stay registered and vote.

• Reducing early and absentee days. At least nine states introduced bills to reduce their early

voting periods, and four tried to reduce absentee voting opportunities. Florida, Georgia, Ohio,

Tennessee, and West Virginia succeeded in enacting bills reducing early voting.

• Making it harder to restore voting rights. Two states—Florida and Iowa—reversed prior

executive actions that made it easier for citizens with past felony convictions to restore their

voting rights, affecting hundreds of thousands of voters. In effect, both states now permanently

disenfranchise most citizens with past felony convictions