Kentucky House passes amended bill requiring photo identification to vote

FRANKFORT — The state House passed a bill Tuesday requiring Kentuckians to present photo identification in order to vote. It would go into effect for the general election this fall.

Senate Bill 2 passed by a 62-35 vote, with all present Republicans members voting for it and all but two Democrats voting against the legislation.

Kentucky law currently allows eligible voters to cast a ballot if they present personal identification, but SB 2 would require government-issued identification that includes the voter's photograph.

Republican supporters of the bill — including new Kentucky Secretary of State Michael Adams, who campaigned on the issue — say the bill is needed to combat voter fraud through impersonation and restore public confidence in the election system.

Democrats and groups such as the American Civil Liberties Union of Kentucky had sought to at least delay implementation of the proposed law until next year, and they fear it would create unnecessary barriers to voting in order to stop a form of fraud that has never been a problem in Kentucky.

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Asked about the lack of documented in-person voter fraud in Kentucky, Rep. James Tipton, R-Taylorsville, said on the House floor the bill was a proactive measure, adding "my home has never been broken into, but I still lock the doors at night."

The legislation passed by the House was amended from the version of SB 2 that passed the Senate in January, meaning the Senate would have to concur with the version passed Tuesday in order for the bill to be sent to Gov. Andy Beshear for his signature.

The Senate version of the bill would still allow eligible voters without a photo ID to cast a regular ballot or absentee ballot, as long as they sign an affidavit indicating a reasonable impediment to obtaining such an ID. Those without a driver's license would also be able to obtain a free photo ID card at their county clerk's office.

The bill passed by the House was amended on the floor to adopt several additional changes suggested by University of Kentucky law professor Joshua Douglas in committee.

Under this newest compromise bill, voter affidavits would now have a catch-all provision for why individuals were unable to obtain a photo ID. The amended bill would allow a person without a photo ID to vote if an election worker knows them, as long as that worker signs an affidavit.

Rep. Reginald Meeks, D-Louisville, filed a floor amendment to incorporate two more suggested changes to the bill — pushing its implementation back to 2021 and no longer referring signed voter affidavits to local prosecutors — but it was rejected in a party-line vote.

Meeks said he has heard only "political" arguments for why the law should not be delayed to 2021, adding he fears Election Day "chaos" with a rushed implementation this fall.

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Several Democratic members claimed the bill would lead to the suppression of voters unable to obtain the proper identification, with some highlighting and questioning comments made by Adams in his committee testimony for the bill.

In a Senate committee in January, Adams told legislators the bill should be implemented in time for the general election this fall, expressing concerns over ballot integrity and possible foreign interference in the "high-profile" U.S. Senate race involving Senate Majority Leader Mitch McConnell.

Quoting from Adams' remarks and citing the lack of documented in-person voter fraud, Rep. Angie Hatton, D-Whitesburg, stated: "Welcome to election-year politics in Kentucky."

Asked Tuesday morning if he supported SB 2, Beshear said he would have to review the final version of the bill but could not support "any bill that makes it harder to vote," citing the 55th anniversary of the famous 1965 civil rights march in Selma, Alabama.

Corey Shapiro, the ACLU of Kentucky's legal director, said in a statement the organization will monitor SB 2 through the concurrence process and left open the possibility of litigation if it becomes law.

"We continue to consider legal action to ensure the law and its implementation do not infringe on Kentuckians’ constitutional right to vote," Shapiro stated. "We will make our decision based on the provisions upon final passage.”

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Reach reporter Joe Sonka at jsonka@courierjournal.com or 502-582-4472 and follow him on Twitter at @joesonka. Support strong local journalism by subscribing today: courierjournal.com/subscribe.