In a past life, I was a member of the Sisters of the Holy Cross. The women in that community remain dear friends and mentors, and it was through the Sisters of the Holy Cross that I first became aware of the impact voter identification laws can have on older adults.
During the 2008 primary elections in Indiana, the motherhouse for the Sisters of the Holy Cross served as a polling station. As one might imagine, a number of the poll workers at that polling station were Holy Cross Sisters, and as one might also imagine, a great number of the voters at that polling station were Holy Cross Sisters. These women know one another by name, having lived, worked, and prayed together every day for many years.
On election day in 2008, several Holy Cross Sisters were not able to cast a ballot because they did not have photo ID. In 2005, Indiana enacted a voter identification law requiring photo identification to vote in person. At the time, the law was the strictest in the nation. There was concern, at the time, that Indiana’s voter ID law put unjust burdens on those less likely to have a driver’s license, like older adults. The law was challenged but upheld by the United States Supreme Court a week before the 2008 primary elections in Indiana.
The experience of the Holy Cross Sisters seemed to illustrate the concerns expressed. Here were older women who did not drive and therefore did not have an Indiana driver’s license, who lived together most of their lives, and they could not vote. It was obvious that the poll workers could identify who each Sister was. There was no room for fraud or mistaken identity, and yet, they were still ineligible to vote. Some of those women were able to cast provisional ballots and return with photo identification within ten days. At the time, the Indiana Attorney General said that the ability to vote absentee (which does not require voter identification) and the ability to return with photo ID within ten days compensate for these kinds of circumstances. Incidentally, in 2023, Indiana passed another law adding identification requirements to the absentee voting process.
Since Indiana enacted its voter identification laws, many other states have enacted voter identification legislation. Currently, 36 states have some form of voter identification legislation, with 8 of those states enacting laws since the 2020 election. The experience of the Holy Cross Sisters begs the question why. Supporters of voter ID laws argue that these laws are supposed to prevent voter fraud and increase the electorate’s confidence in the electoral process. Opponents of these laws argue that there was little to no evidence of voter fraud and that the consequences far outweigh any benefits.
With the increase in voter ID legislation so has research on the impacts of this legislation. There is evidence that voter identification laws disproportionately affect certain populations including racial minorities, low-income voters, student voters, and older adults. Perhaps as much as 18 percent of voters over the age of 65 do not have photo ID. The most common form of photo ID is a driver’s license, and a good number of older adults do not drive.
Another impediment to receiving a photo ID can be meeting new Real ID requirements for state driver’s licenses. Some older adults may not have a birth certificate at all having been born outside of hospitals. When I worked as a legal aid attorney, we received applications from older adults unable to get an Indiana driver’s license. These older adults could not meet the state requirements to receive a Real ID, which requires proof of identity, name change (if applicable), lawful status, Social Security number, and Indiana residency. The issue for most was with the name on their “identity” document, most commonly their birth certificate. There were many variations on the theme, but the general issue was that the older adult had one name at birth but had gone by another name most of their life.
Here’s a hypothetical: Let’s say a boy was born, and his birth certificate said George Washington. George Washington was raised by his aunt and uncle, whose last name was Adams. From the moment he was born, this boy went by George Adams. He was known to everyone as George Adams. His school registration and all his school yearbooks said George Adams. His high school diploma said George Adams. His marriage license and certificate said George Adams. He has had a driver’s license for over forty years with the name George Adams. Not once since he left the hospital, as someone called him George Washington. Now, George goes to get a new driver’s license under Real ID requirements, and he is told he cannot get one because the name on his documents and current driver’s license does not match the name on his birth certificate. And the kicker is that the piece of proof required to show George Washington is George Adams must be issued by the government, but the government is telling George Adams he cannot get a government ID. These older adults are forced to seek help from attorneys to get proof that they are who they say they are.
Even if an older adult has all the required documentation to receive a photo ID, the process itself can still be a barrier. Money can be a barrier. It takes money to pay for the government ID. If one needs to use public transportation or pay for a cab, that is an additional expense. Older adults are often on fixed retirement incomes and may not have the funds needed to pay these expenses. Transportation can be a barrier. Multiple trips to government agencies may be needed to get a copy of a birth certificate or other required documentation. At least one trip is needed to apply for the driver’s license. Time and access to appropriate forms of transportation may be limited, making travel to get the ID difficult.
Thankfully, there are organizations like legal aid and Spread the Vote that can help older adults obtain valid photo IDs. For some older adults without a suitable photo ID, the use of mail-in ballots instead of voting in person may serve as a workaround. However, states like Indiana have added identification requirements to mail-in ballots. It is important to know one’s state’s voting requirements well ahead of the election to ensure access to the polls. Websites like vote.gov can point voters to information about voter registration, early voting, and voter ID requirements and help voters make their election-day voting plan.
