Virginia Cracks the Code on Voter ID Laws

One of the most remarkable things about voting where I do, in Cambridge, Massachusetts, is that no one asks you for identification: Who you are is based on trust. But that charming civic experience may not be long for this world. Although several voter ID provisions were struck down before the 2016 election, an appeals court has now upheld Virginia’s law -- and in essence provided a road map for how states can require ID without violating the Voting Rights Act or the Constitution.

The law upheld by the U.S. Court of Appeals for the 4th Circuit resembles the laws struck down by other courts. Enacted in 2013, the law, known as S.B. 1256, requires voters to show ID, allowing them to cast provisional ballots if they don’t have it with them and to “cure” their ballots by presenting valid ID up to three days later. The state also accepts many forms of ID. What makes the law a little different from some others is that, if a voter lacks ID, the state board of elections has to issue one free -- even if the voter shows up to the board without any documentation.