FRANKFORT, Ky. _ It's now all but certain that Kentucky voters will have to show a photo identification before casting a ballot for president and other federal and state offices in November's general election.
The Kentucky House of Representatives voted 62-35 Tuesday in favor of the proposal, fulfilling a campaign pledge of Secretary of State Michael Adams that has marched through the Legislature despite a lack of evidence of in-person voter fraud.
The House made changes to Senate Bill 2, which means it must go back to the Senate for final approval before being sent to Gov. Andy Beshear for his signature or veto.
Beshear, a Democrat, said Wednesday he opposes the bill because he "can't support any bill that makes it harder to vote." Any veto, though, would likely get overturned by the Republican-led Legislature.
University of Kentucky election law professor Josh Douglas has warned lawmakers in the state Senate and House that voter identification bills can do more harm than good and has repeatedly asked for changes to the bill.
Under the bill, anyone who shows up to vote with a photo ID (including a Kentucky driver's license, a government issued photo ID, a college ID or a valid photo ID from another state) will be able to vote like normal. The Kentucky State Board of Elections has said 98% of Kentuckians show a photo ID when they vote.
Anyone who does not have a photo ID can vote only after they show a non-photo ID and sign a form affirming who they are and why they don't have an ID. If someone does not have identification but is personally known by a precinct officer, they will be allowed to vote.
"This is just another safeguard to put another deadbolt on the door," said Republican state Rep. James Tipton of Taylorsville, who was carrying the bill in the House.
There are no known instances of in-person voter fraud in Kentucky.
"My opinion is that this bill is aimed at an imaginary problem, at confusing people and at winning elections at all costs," said Democratic state Rep. Angie Hatton of Whitesburg. "Where I come from we have a little trick we pull on our children called a snipe hunt. Where you send people off and look for something that doesn't really exist. It's imaginary. So instead of doing that I wish we could focus on actual facts."
She said the bill would most likely affect women, the poor, minorities, the elderly and people who are disabled.
The House adopted a couple of Douglas' suggestions, including allowing someone to cast a ballot if they don't have an ID but are recognized by a precinct officer and allowing a voter to claim any "reasonable impediment" for not having a photo ID.
Both amendments were backed by Adams.
"I don't support photo ID laws for voting, they are a solution in search of a problem," Douglas said. "But this bill is about as good as it could be if we are going to have a photo ID law. I'm glad they adopted many of my suggested changes."
The bill would go into effect in time for the November 2020 elections, ignoring a suggestion by Douglas and some county clerks to push it back to 2021 to make sure the state would have enough time to educate people about the new rules.
"I do think it's a problem to try to implement it for this November, and I suspect the state will be sued over that portion," Douglas said. "Courts in other states have put new photo ID laws on hold in an election year."
The ACLU released a statement saying the bill will make it harder to vote. It is considering a lawsuit.
"We continue to consider legal action to ensure the law and its implementation do not infringe on Kentuckians' constitutional right to vote," said Corey Shapiro, the ACLU's legal director. "We will make our decision based on the provisions upon final passage."
Adams, the secretary of state, has refused to budge on his implementation timeline, citing Kentucky's high-profile U.S. Senate race featuring U.S. Senate Majority Leader Mitch McConnell.
"If there's any election where we should be concerned about ballot integrity it's this one," Adams said in a Senate committee in January. "This is obviously a high-profile election, you've got a very competitive Senate seat and a very competitive election for essentially determining which party controls the Senate."
Democratic state Rep. Derrick Graham of Frankfort said he felt the bill focused on the wrong thing at a time when Kentucky struggles with low voter turnout in elections.
"It's like the house is on fire but we're mowing the lawn," Graham said.
Republican state Rep. Jason Nemes of Louisville filed a bill Monday that would expand voting hours and would allow for countywide "vote centers," among other things. His bill is supported by Adams.
