Twenty-one US states have put in place new restrictions on voting since the last presidential election according to the Brennan Center, a non-partisan institute that specializes in voting practices. Of these, 15 will have restrictions in place for the 2016 presidential election. A number of legal battles are taking place, including one in North Carolina, which starts on Monday.



Critics of voter restrictions argue that they can disproportionately hit, and effectively disenfranchise, ethnic minority voters. They say there is a trend for states with Republican administrations to do this in areas where some ethnic minority voters show a high level of support for Democrats.

North Dakota

A bill was passed this year that limits the type of ID voters can use to: a current North Dakota driver’s license, non-driver photo ID, a tribal ID, a student ID certificate provided by a North Dakota college or university, or a long-term care certificate. This replaced a less restrictive voter ID law that was passed in 2014.

South Dakota

A law was passed in 2012 making it more difficult for people with past criminal convictions to restore their voting rights.

Nebraska

In 2013, a law was passed that reduced the minimum early voting period, in which voters can vote by post or in person before the regular polling day, from 35 days to 30 days.

Kansas

Two restrictive voting laws were passed in 2011: a photo ID law that went into effect a year later and a proof of citizenship law that went into effect in 2014. Kansas has one of the strictest photo ID laws: voters must present their ID either in person, in the mail, or through email before the canvass board meets. When using the state registration form, voters must also provide documentary proof of citizenship. They do not have to do this if they register with the federal form, but then they can only vote in federal elections. In order to require proof of citizenship for the federal form, Kansas and Arizona sued the US Election Assistance Commission but the 10th circuit court of appeals ruled against them in November 2014. The lawsuit is ongoing.

Texas

Texas passed legislation in 2011 requiring voters to present photo ID when voting in person. Voters are required to present an approved form of photo ID, where before they could present mail, utility bills or other proof of voter registration. The law also requires the photo ID to match the state’s voter rolls which can cause issues for married women and others with name changes. The law has been under court review since October 2014.

Iowa

In January 2011, Governor Terry Branstad issued an executive order rescinding a previous law that allowed convicted felons to regain their ability to vote after completing their sentences. Now, they must complete their sentence, any required parole, probation or supervised release, and all court costs, fees, and restitutions must be paid.

Wisconsin

Individual voter registration was restricted in 2011 and a photo ID law was passed. The requirement for photo ID was delayed with numerous court challenges but it went into effect following the April 2015 election. In 2014, early voting hours on weekdays were reduced and completely eliminated on weekends.

Illinois

A law was passed in 2011 that requires voter registration forms be returned more quickly (first-class mail within two business days or personal delivery within seven days) unless the national mail voter registration form is used.

Mississippi

A law passed in 2011 that required all voters present photo ID, but the law required pre-clearance under Section 5 of the Voting Rights Act. Once it was overturned by the US supreme court in July 2013, the law was in effect for the June 2014 primary.

Indiana

Indiana began to purge inactive voters in may 2014 by sending postcards to all registered voters. For any marked cards undeliverable, the state will attempt a second postcard before deeming voters inactive. If these voters do not vote in any elections before the end of 2016, they will be struck from Indiana’s voter rolls. Indiana requires voters to present a photo ID or else use a provisional ballot and then return within 10 days to show ID or to sign an affidavit swearing to indigence or to a religious objection to being photographed.

Tennessee

A photo ID law that was passed in 2011 was made more restrictive in 2013. Beginning in 2014, only IDs issued by the state or federal government were accepted, and library cards and identification issued by other states were no longer valid. Voters who have been identified as potential non-citizens through a database check must also prove their citizenship in order to register to vote.

Alabama

In 2011, a law passed that required all voters present photo ID but the law required preclearance under Section 5 of the Voting Rights Act. Once it was overturned by the US supreme court in July 2013, the law was implemented in 2014.

Ohio

Early voting was last year cut on weekday evenings, weekends, and during “golden week” (a six-day period when voters could register and vote at once). The absentee and provisional ballot rules were also changed. A lawsuit over early voting was settled in 2015 and reinstated some voting hours on weekday evenings and one Sunday for voting through 2018.

Georgia

In 2011, a law was passed that reduced the early voting period from 45 days to 21 days and stopped early voting the weekend before election day. The House of Representatives is considering a bill that would further reduce the time for early voting by 2016 from 21 to 12 days.

Florida

Governor Rick Scott in 2011 cut back the early voting period and although some early voting days were reinstated in 2013, there were still less than previously. He also added new restrictions on voter registration drives, and overturned a previous executive order that allowed convicted felons to regain their ability to vote after completing their sentences. In the past, those convicted of nonviolent crimes could vote once they finished their sentence and paid any outstanding fines but after March 2011, all felons had to wait five years before applying for executive clemency.

West Virginia

A law was passed in 2011 that reduced the early voting period from 17 days to 10 days.

Virginia

In January 2013, a stricter third party voter registration law was passed. It required groups conducting voter registration drives who are obtaining 25 or more registration forms to receive training, sign an affidavit stating they will abide by the laws, and mail or deliver completed applications within 10 days rather than 15. A photo ID law was also passed and put into effect in 2014. A bill was passed in 2015 to include private school IDs in the list of types of acceptable identification.

South Carolina

A photo ID law was passed in 2011 but was delayed by a federal court. The state re-interpreted the law so that it’s less restrictive: a voter registration card can be used instead of a photo ID if the voter has just cause and if they don’t show ID, they can vote a provisional ballot as long as they present their ID within a few days of the election.

New Hampshire

No ID was required to vote in New Hampshire until 2012 when a photo ID law was passed that overrode a previous veto from Governor John Lynch. Before September 2015, voters can use a written testimony or be identified by particular election officials. But following September 2015, those without ID will have their photos taken at the polls and it will be attached to their affidavit.

Rhode Island

In 2011 a photo ID law was passed that was put into effect in 2014. It is less restrictive than other states as many forms of ID are accepted as long as they have the voter’s name and photograph. If an ID is not presented, one can still vote and their signature will be matched with signatures on record.

North Carolina

Laws that eliminated same-day registration, cut back the early voting period from 17 days to 10 days, cancelled pre-registration for 16 and 17 year olds, eliminated of out-of-precinct voting, and established a photo ID requirement were passed in 2013. The photo ID law was softened in June 2015 so that those who have an impediment to getting an accepted ID can vote a provisional ballot.

The various laws have been challenged and a voting rights trial is set to start on July 13.

Sources include: Brennan Center (http://www.brennancenter.org/new-voting-restrictions-2010-election).

National Conference of State Legislatures (http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx, http://www.ncsl.org/research/elections-and-campaigns/voter-id-history.aspx)

The State.gov websites

ProCon.org (http://felonvoting.procon.org/view.resource.php?resourceID=000286#)

ProPublica (http://www.propublica.org/article/voting-rights-by-state-map)