HB 1104 -- Photo Identification Requirements for Voters

Sponsor: Schoeller

This bill changes the laws regarding elections by requiring a

voter to provide photo identification. In its main provisions,

the bill:

(1) Specifies that a person seeking to vote in a public election

must establish his or her qualifications as a United States

citizen lawfully residing in this state by presenting a form of

personal identification containing his or her photograph to

election officials. All costs incurred by an election authority

to implement the photo identification requirement must be

reimbursed by the state. If there is no appropriation and

distribution of funds, the election authority must not enforce

the photo identification requirement;

(2) Allows an individual to vote by casting a provisional ballot

after signing an affidavit if he or she does not possess a

required form of personal identification because of the inability

to pay for a birth certificate or other documentation necessary

to obtain the identification;

(3) Requires the state and all fee offices to provide at no cost

at least one form of personal identification required to vote to

a qualified individual who does not already possess the required

identification and desires the identification in order to vote;

(4) Allows an individual to vote using a provisional ballot if

he or she lacks photographic identification and then return to

the election authority within three days after the election with

a valid form of identification so that the provisional ballot may

be counted; and

(5) Repeals the provision requiring a disabled or elderly person

to be able to obtain a nondriver’s license photo identification

through a mobile processing system operated by the Department of


All provisions of the bill are nonseverable. If any portion of

the bill is held invalid for any reason, the entire bill will be

invalidated. The bill will become effective only upon voter

approval of a constitutional amendment that authorizes the

General Assembly to require the photo identification by law.