A Virginia voter identification law set to take effect this fall will likely have a limited effect on the election’s outcome, pundits say. But rules that delay the counting of provisional ballots until days after Election Day could create problems for campaigns and election officials in the commonwealth, which is shaping up to be a battleground state.
The new voter ID policy overrides former procedures that allowed a voter without identification to sign an affidavit swearing the truth of his identity. Instead such voters will submit provisional ballots. Citizens casting provisional ballots on Election Day will be required to submit a copy of acceptable identification by noon on the Friday after the race.
The verification process would be most burdensome to lower-income voters, who are less likely to have identification and are less able to take time off work to submit the appropriate documents after Election Day, said Valerie L’Herrou, chair of the Albemarle Country Democratic Party.
The provisional ballot deadline may even cause fewer votes to be counted, L’Herrou said.
But Center for Politics spokesperson Kyle Kondik said provisional ballots would probably not make a difference in the presidential race. He said the difference in votes would need to be in the low six figures or high five figures for provisional ballots to affect the outcome.
Virginia’s law differs from that of other states in the broad range of identification forms it permits, L’Herrou said, and the increased regulations will be “less restrictive in Virginia [than] the ones in other states,” she added.
Polling places in Virginia accept driver’s licenses, student identification cards from any state university, including the University, utility bills or bank statements with the resident’s name and address, social security cards, concealed carry permits and all other forms of government-issued photo identification, according to the Board of Elections website.
Changes in voting laws in states such as Pennsylvania and Texas have undergone significantly greater scrutiny than the laws enacted in Virginia.
Voters in Pennsylvania recently sued the state, disputing franchise laws forbidding the use of utility bills and bank statements as forms of identification.
Voter laws in Texas that required photo identification at the polls were struck down last week by a federal court for their disproportionate effect on minority voters.
“When somebody potentially [has] to pay money to get an ID, it is sort of functionally like reinstating the poll tax,” L’Herrou said.
Pennsylvania Republican House Leader Mike Turzai faced criticism earlier this year when he said voter identification would “allow Governor Romney to win the state of Pennsylvania.”
In Virginia, however, voters will likely have access to acceptable forms of identification free of charge. An executive order signed by Gov. Bob McDonnell in August requires the Board of Elections to send valid voter identification cards to all active voters free of charge before the election in November, according to a statement released by his office last month.
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