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Elections
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  • HAVA ID Requirements

 

VOTE

Section 303 (b) of the Help America Vote Act (HAVA) sets forth requirements for some voters to provide ID to vote.

Implementation of the specifics of this requirement can be quite complicated for election officials, but in general: If a voter registers to vote in a county on or after January 1, 2003, the registration is by mail, and the voter has not previously voted in that county, then the voter must either provide ID when he or she registers or provide ID when he or she votes.

HOW DOES A VOTER PROVE IDENTIFICATION?
Section 303 (b) (2) specifies the identification requirements for voters who vote in person or by Vote by Mail ballot.

"In person" voters must show a "current and valid photo identification" or "a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

"Vote by Mail voters" must submit with their ballot one of the documents listed above.

The Secretary of State, in accordance with Elections Code section 14310 (e), has promulgated emergency regulations defining the documents a voter may use to prove identification to vote (STANDARDS FOR PROOF OF RESIDENCY WHEN PROOF IS REQUIRED BY HAVA - Section 20107 of Title 2 of the California Code of Regulations).
IS THERE ANY WAY A VOTER CAN AVOID HAVING TO SHOW IDENTIFICATION WHEN HE OR SHE VOTES?
Yes.
First, the requirement only applies to voters who have never voted in the county in a federal election. Persons who were already registered as of January 1, 2003, or who change address within the county and re-register, are not required to show identification to vote.

Second, voters who do not register to vote "by mail" are not required to show identification to vote.

Third, Section 303 (b) (3) states that if the voter provides his or her driver's license number, or the last 4 digits of his or her social security number, on the form to register to vote, and the elections official can verify the number is correct, then the identification requirement does not apply.
 
Disclaimer: The information contained in these pages was valid at the time of publication. The Clerk-Recorder /  Registrar of Voters reserves the right to modify, update, change or make improvements at any time, without notice, andassumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
 
 

 

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