Secretary of State Kemp Hails Latest Court Order Upholding Georgia’s Photo ID Law

Georgia Secretary of State Brian Kemp today hailed an order issued by the Honorable Tom Campbell of the Fulton County Superior Court denying a challenge by the Democratic Party of Georgia to the State’s photo ID requirement for in-person voting. Campbell’s judgment upheld the constitutionality of Georgia’s photo ID law.

“The denial of the Democratic Party of Georgia’s challenge to photo ID is a victory for the integrity of the State’s elections process. Photo ID helps to ensure that every vote cast in person is not cancelled out due to voter fraud,” said Secretary Kemp.

Judge Campbell’s order included a citation from a January 2009 decision by the Eleventh Circuit Court of Appeals to uphold Georgia’s photo identification requirement, which stated,

“The legitimate interest of Georgia in preventing voter fraud justified the insignificant burden of requiring voters to present photo identification before they vote in person.” (Common Cause/Ga. v. Billups)

Georgia’s photo ID law has now withstood challenges in Fulton County Superior Court, U.S. District Court, the U.S. Circuit Court of Appeals.

Voters are required to show one of the following six forms of photo ID when voting in-person:

• A Georgia driver’s license, even if expired;
• Any valid state or federal government issued photo ID, including a free Voter ID Card issued by your county registrar or Georgia Department of Driver Services (DDS);
• Valid U.S. passport;
• Valid employee photo ID from any branch, department, agency, or entity of the U.S. Government, Georgia, or any county, municipality, board, authority, or other entity of this state;
• Valid U.S. military photo ID; or
• Valid tribal photo ID.

If a voter does not have one of these forms of photo identification, they can obtain a free voter ID card at their county registrars’ office or the Georgia Department of Driver Services. A Georgia voter who does not have an acceptable form of photo identification when voting in-person can cast a provisional ballot at the poll, and then has 48 hours to return to his or her county registrar’s office with an acceptable form of identification to have that ballot count.

Brian Kemp was sworn in as Secretary of State in January 2010. Among the office’s wide-ranging responsibilities, the Secretary of State is charged with conducting efficient and secure elections, the registration of corporations, and the regulation of securities and professional license holders. The office also oversees the Georgia Archives and the Capitol Museum.