Indiana's Voter Id Law: When Did It Begin?

Indiana's voter ID law, which requires voters to present a government-issued photo ID before casting a ballot, came into effect in 2005. The law was initially struck down by two lower courts before being upheld by the U.S. Supreme Court in the case of Crawford v. Marion County Election Board. Indiana was the first state to enact such a strict photo ID law, and as of 2021, 36 states have implemented similar requirements.

Indiana's voter ID requirements

Indiana's voter ID law, Public Law 109-2005, was enacted in 2013 and has been the subject of legal battles since then. The law requires Indiana residents to present a government-issued photo ID that meets four criteria when casting a ballot at the polls on Election Day.

The Four Criteria

• Display your photo: The ID must show a photo of the voter.
• Display your name: The name on the ID must conform to the voter's registration record, but it does not have to be identical. For example, "Robert John Crew" could match to "Robert J. Crew," "Bob Crew," or "John Crew."
• Display an expiration date: The ID must be current or have expired after the date of the last General Election (November 8, 2022). IDs issued by certain government entities, such as the US Department of Defense, Veteran Affairs, or the Indiana National Guard, are not required to have an expiration date or may have an "indefinite" expiration date.
• Be issued by the State of Indiana or the U.S. government: Common examples include an Indiana driver's license, Indiana-issued photo ID card, U.S. Passport, or Military ID. A student ID from an Indiana state school can be used if it meets all four criteria, while a student ID from a private institution cannot be used for voting purposes.

Exemptions and Provisional Ballots

Voters who do not have the required ID on Election Day can cast a provisional ballot. They then have until noon, 10 days after the election, to follow up with the county election board and provide the necessary documentation or claim an exemption. Exemptions include voters who are indigent, have religious objections to being photographed, or live in a state-licensed facility that serves as their polling place.

Indiana's photo ID criteria

Indiana requires voters to present a government-issued photo ID before casting a ballot at the polls on Election Day. The ID must meet the following four criteria to be acceptable for voting purposes:

Display your photo

The photo on the ID helps election officials confirm that the person presenting the ID is the person to whom it was issued.

Display your name, and the name must conform to your voter registration record

The name on the ID does not need to be identical to the name on the voter's registration record, but it must conform to it. For example, the names Robert, Bob, Rob, or R.J. would all conform to the full name Robert John.

Display an expiration date and either be current or have expired sometime after the date of the last General Election

The ID must be current or have expired after the date of the last general election (November 8, 2022). However, IDs issued by certain government entities, such as the US Department of Defense, a branch of the uniformed services, the Merchant Marine, the US Department of Veterans Affairs, the Indiana National Guard, or a Native American Indian tribe or band recognized by the US government, are not required to have an expiration date or may state that they have an "indefinite" expiration date.

Be issued by the State of Indiana or the US government

In most cases, an Indiana driver's license, Indiana photo ID card, Military ID, or US Passport is sufficient. A student ID from an Indiana state school may be used if it meets all of the above criteria. A student ID from a private institution is not acceptable.

Indiana's provisional ballot rules

Indiana's voter ID law, Public Law 109-2005, requires Indiana residents to present a government-issued photo ID before casting a ballot at the polls on Election Day. The ID must meet four criteria to be acceptable for voting purposes:

• Display the voter's photo
• Display the voter's name, which must conform to their voter registration record (although it doesn't have to be identical)
• Display an expiration date and either be current or have expired sometime after the date of the last General Election (November 8, 2022). An exemption to this rule is that IDs issued by the US Department of Defense, a branch of the uniformed services, the Merchant Marine, the U.S. Department of Veterans Affairs, the Indiana National Guard, or a Native American Indian tribe or band recognised by the US government, are not required to have an expiration date or may state that they have an "indefinite" expiration date.
• Be issued by the State of Indiana or the US government.

In most cases, an Indiana driver's license, Indiana photo ID card, Military ID, or US Passport is sufficient. A student ID from an Indiana state school may be used if it meets all of the above criteria. A student ID from a private institution is not accepted. Voters can obtain a free Indiana identification card from the Indiana Bureau of Motor Vehicles.

Voters who do not have ID while voting may cast provisional ballots. Voters have until noon, 10 days after the election, to follow up with the county election board and either provide the necessary documentation or complete an affidavit to affirm that one of the photo ID law's exemptions applies to them.

A provisional ballot is a ballot that requires additional steps or information before it can be counted. In Indiana, voters may be required to cast a provisional ballot in the following circumstances:

• They lack the requisite photo identification.
• Their name appears on the poll list, but they have been challenged as not eligible to vote at the precinct for another reason sworn to in writing by the challenger.
• An order has been issued by a court extending the hours that the polls must remain open.

Provisional ballots are kept separate from the other ballots cast in that precinct. After Election Day, the county election board decides whether the voter was qualified to vote in that precinct and whether their ballot should be counted. Voters cannot cast a provisional ballot on a direct record electronic voting system; it must be cast on a traditional hand-counted paper ballot or an optical scan ballot card.

A provisional ballot will be rejected in the following circumstances:

• The provisional voter affidavit is incomplete or missing required information.
• The voter is not qualified to vote in the precinct.
• The voter failed to provide photo identification.
• The voter failed to register at a registration agency during the registration period.
• The poll clerks' initials do not appear on the ballot.

Voters can check if and when their provisional ballot was counted on the state's Voter Portal website.

Indiana's voter ID exemptions

Indiana's voter ID law, Public Law 109-2005, requires residents to present a government-issued photo ID before casting a ballot at the polls on Election Day. The ID must meet four criteria to be acceptable for voting purposes:

• Display the voter's photo
• Display the voter's name, which must conform to their voter registration record
• Display an expiration date and either be current or have expired sometime after the date of the last general election (November 8, 2022). However, IDs issued by the US Department of Defense, a branch of the uniformed services, the Merchant Marine, the US Department of Veterans Affairs, the Indiana National Guard, or a Native American Indian tribe or band recognised by the US government are exempt from this criterion.
• Be issued by the State of Indiana or the US government.

A student ID from an Indiana state school may be used if it meets all four criteria. A student ID from a private institution cannot be used for voting purposes.

Voters who do not have an acceptable form of ID may cast a provisional ballot. They then have until noon, 10 days after the election, to follow up with the county election board and either provide the necessary documentation or affirm that one of the law's exemptions applies to them.

Exemptions to Indiana's voter ID law exist for those who:

• Cannot afford an ID (indigents)
• Have a religious objection to being photographed
• Live in state-licensed facilities that serve as their precinct's polling place

If a voter is claiming an exemption based on indigence or a religious objection, they can cast a provisional ballot on Election Day and visit the county election office within 10 days to claim the exemption. A voter who is a resident of a state-licensed facility can claim the exemption at the polls on Election Day.

Indiana's voter ID history

Indiana has a strict photo ID law, which means that voters must present a government-issued photo ID before casting a ballot at the polls on Election Day. This law was enacted in 2005 and came into effect on July 1 of that year.

Indiana was the first state to enact such a law, which was initially struck down by two lower courts before being upheld in 2008 by the U.S. Supreme Court in the case of Crawford v. Marion County Election Board. This ruling paved the way for expanded ID laws in other states.

Under Indiana's voter ID law, the photo ID presented by voters must meet four criteria to be acceptable:

• Display the voter's photo
• Display the voter's name, which must conform to their voter registration record (though it doesn't have to be identical)
• Display an expiration date and either be current or have expired sometime after the date of the last General Election
• Be issued by the State of Indiana or the U.S. government

In most cases, an Indiana driver's license, Indiana photo ID card, Military ID, or U.S. Passport is sufficient. A student ID from an Indiana state school may also be used, but it must meet all four of the criteria listed above. A student ID from a private institution is not accepted as a valid form of ID for voting purposes.

Voters who are unable or unwilling to present an ID that meets these requirements may cast a provisional ballot. They then have until noon, 10 days after the election, to follow up with the county election board and either provide the necessary documentation or affirm that one of the law's exemptions applies to them.

Frequently asked questions