Unsafe, Suppressive, and Unnecessary: notary, witness, and ID requirements on absentee ballots

Voters shouldn’t have to choose between their vote and their health.

As the November election nears, millions of voters across the country will be voting by mail to minimize their risk of contracting or spreading COVID-19. But many Americans cannot truly “vote from home,” because their state has erected serious barriers to receiving or casting a ballot, some of which actually force voters to come in contact with individuals outside their home and risk exposure to COVID-19.

These barriers — such as requiring voters to provide a copy of their ID with their absentee application or ballot, and requiring a notary or witness signature on a ballot — are risky and oblige voters to interact with members of the public.

ID, notary, and witness requirements are unnecessary and burdensome even in the best of times, but in a pandemic, they force many voters to choose between their vote and their health.

Several states have recognized the dangers posed by these requirements and have relaxed or lifted their restrictions for the November election. For many of the remaining states, it’s not too late to follow suit.

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Voter ID Requirements

With certain limited exceptions, Alabama, Arkansas, Kentucky, South Dakota, and Wisconsin require voters to submit a physical copy of their identification with either their application or their ballot.

Even outside of the pandemic, photo ID requirements are utilized as a tool of voter suppression. Time and again, we have seen that these laws target Black and brown voters disproportionately. Additionally, they are not necessary: Voters in many states already identify themselves by providing a birthdate, address, or identification number, such as a driver’s license or Social Security number.

Particularly during a pandemic, these barriers can prove insurmountable, as many voters without a home printer are forced to rely on commercial printing services to produce a photocopy of their ID. In addition to the financial costs involved, this presents a difficult choice for voters who are avoiding public spaces out of concern over the virus.

Some states have recognized the challenges these policies present and have taken steps to ease the burdens on voters.

• In Kentucky, the state has established an online portal that allows voters with a Social Security number to request a ballot electronically, without providing proof of ID. Voters who request a paper application and cannot provide a copy of their ID will be permitted to complete the affirmation form instead.
• In South Dakota, the Secretary of State announced that voters could take a photo of their ID using their phone or camera and email it to their county auditor.

In other states, these requirements have been the subject of recent litigation.

• In Wisconsin, voters who are indefinitely confined due to age, physical illness, infirmity, or disability are exempt from the photo ID requirement. A federal court (in a decision that is temporarily stayed pending appeal) recently directed the state to clearly inform voters that “indefinite confinement” is a determination to be made by the voter and does not require permanent or total inability to travel outside the voter’s residence.
• In Alabama, pending litigation challenges the state’s ID requirements as applied to certain at-risk voters.

Notary and Witness Requirements

Some states require that voters get a notary or witness to sign their absentee ballot application and/or absentee ballot.

Notary services can be costly and difficult to obtain in many locations — even more so during a pandemic. For example, when Missouri lawmakers created a no-excuse mail-in voting option in advance of the August primary election, it required ballots to be notarized, but did not guarantee that those services would be provided at no cost to the voter. Numerous notaries throughout the state offered their services free of charge, but availability varied throughout the state. And even obtaining a lay witness signature may force voters to interact with individuals outside their own household.

The following states historically have required a notary or witness certification on absentee ballots or ballot applications: Alabama, Alaska, Louisiana, Minnesota, Mississippi, Missouri, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Virginia, and Wisconsin.

As we approach November, several states have relaxed or eliminated these requirements altogether, either voluntarily or as a result of litigation.

• Facing lawsuits, officials in Virginia, Minnesota, and Rhode Island recently agreed to eliminate their witness requirements.
• In South Carolina, a federal judge issued a preliminary injunction blocking the state’s witness requirement for the November election.
• Following the passage of House Bill 1169 in June, voters in North Carolina will need only one witness (rather than the usual two) to sign their ballot for November.
• In Missouri, Senate Bill 631 exempts certain voters in high-risk categories from the notary requirement for November.
• In Oklahoma, Senate Bill 210 allows voters to include a copy of their ID with their ballot rather than having it notarized. It also allows certain at-risk voters to have their ballot witnessed rather than notarized.
• As noted above, South Dakota will allow voters to submit either a physical or electronic copy of their ID as an alternative to obtaining a notary signature.

In Alabama and Mississippi, several individual and organizational plaintiffs are challenging the states’ notary and witness requirements.

Remove Unnecessary Requirements

Of the 15 states that typically require voters to provide a notary or witness signature or a copy of their ID, eight have either eased their requirements to some degree for November or eliminated them altogether. It is critical that states ease these burdens to facilitate safe absentee voting for all.