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The FBI is warning that a North Carolina law that allows for mandatory photo ID to vote could deter voters from doing so, especially in states like Florida and Virginia where voter ID laws are being challenged.
The nation’s first law requiring photo ID at the polls went into effect in 2005. But the North Carolina Legislature is making it harder to get ID – and harder to find a way to prove it.
The law states that photo IDs will no longer be accepted as proof of citizenship if they are expired or were never issued in North Carolina or if the state has declined to issue them as proof of identity.
A few of these changes have been challenged in court – including one by the conservative North Carolina Values Coalition seeking to require photo IDs to vote in 2014 at the same time it also challenged a requirement that voters show one of 16 approved forms of photo ID. Its challenge was denied.
It remains uncertain, however, whether the new requirement will withstand court scrutiny.
The FBI issued a warning to state election officials in October, saying the state’s law could deter eligible voters from voting. An executive order issued Wednesday makes more specific that concern.
The order will give state officials more power to investigate and investigate, as they deem necessary, any voter registrar or election officer who believes that he or she has knowingly accepted a facially valid voter registration application that is fraudulent or misleading.
The issue of when voters must show ID has been in courts since 2006 – although judges have found that the requirement is not valid in cases where the voters did not indicate that they had one.
In 2010, the U.S. Supreme Court upheld the use in states of a similar provision that was in place in Arkansas, Georgia, Oklahoma, Texas, and Virginia, among other places.
The law states that it “shall be unlawful for any person in any election to knowingly use any facially purporting identification or certificate or voter registration application … that is not a United States government-issued photo identification card, or one that contains any other identifying mark or description that is false or misleading as to its identity, date of issue, or validity.”
The North Carolina law also says that “a person shall not knowingly use, obtain, or offer to sell a facially valid voter registration application that is false
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