New ID laws could lock over 2 lakh US trans voters in presidential election

Washington: Nine US states have tightened voter ID laws since the last presidential election - rules that risk locking out hundreds of thousands of transgender voters, many in battleground states.

More than 2,00,000 trans voters risk problems matching their face or name to their identity papers at next week's polls, a potentially significant number in some too-close-to-call states.

“Community members may have an outdated ID or one that no longer lines up with who they are today, and because of that it really creates further barriers for them to show up,” said Jazmynne Cruz, communications director at Equality North Carolina, the country’s oldest state-based LGBTQ organization.

“Which is incredibly impactful, especially when you look at North Carolina as a battleground state.”

Amid an already hectic election season, groups in North Carolina are therefore putting in extra time to calm fears among trans voters and urge them to take part on Nov. 5.

Voters face worries about old IDs that do not reflect a changed name or appearance, or that do not match state information, along with potential harassment by poll workers.

“It’s the first time that we’ll all have to navigate these mandates,” Cruz told the Thomson Reuters Foundation.

“For us, it’s about helping people understand the voter ID law, understand all of the options they have to gain voter ID and use their ID, and make sure people feel safe to show up at the polls.”

The group has been canvassing the neighborhoods, as well as setting up stalls at community events to ease any confusion.

“Mostly we’re just trying to make sure they don’t feel discouraged,” Cruz said.

A spokesman for the North Carolina State Board of Elections did not respond when asked if such concerns were a focus for his office, or whether efforts were underway to address the issue.

The North Carolina law, which went into effect last year, requires a valid photo ID to vote in person or as an absentee – one of nine states with restrictive new voter ID laws that weren’t in place in the 2020 presidential election, according to the Brennan Center for Justice, a think tank.

With the US election essentially tied in the final days nationally, trans votes in swing states could prove decisive.

In North Carolina, with an estimated trans population of 71,300, polling averages say the presidential race is likewise essentially tied, with eight in 10 trans voters leaning Democratic nationally in a community known for strong turnout.

In 2020, Republican Donald Trump won the state's 16 Electoral College votes by less than 1.5 percentage points.

While the spate of laws make voting harder for many marginalized communities - from poor voters to Black and Indigenous Americans - experts say they pose special barriers for transgender voters.

Trans voters “are uniquely susceptible to being denied the right to vote because they don’t have the right form of ID, or the information on their ID may not match what is in the state records,” said J. Collin Marozzi, deputy policy director for the American Civil Liberties Union’s Ohio office.

Ohio last year implemented what Marozzi said is the country’s strictest voter ID law, requiring one of just four forms of state-issued identification to vote.

“That doesn’t leave a lot of options for individuals that might operate in gray areas,” he said.

Any Ohio voter who has a concern about their photo ID should update it before voting, said Dan Lusheck, deputy communications director for the Office of the Ohio Secretary of State.

“There’s a lot of points in this process where voters can be turned away,” Marozzi says.

“We’re on the precipice of seeing just how impactful this new law is going to end up being.”

210,000+ Locked out

In the most recent US Trans Survey, respondents who were not registered to vote said it was in part down to them being trans, as their current information didn’t match their ID, or due to fears of possible harassment by election officials.

More than 2,10,000 trans people who are eligible to vote do not have IDs with their correct name or gender, according to a September report from the UCLA Law School’s Williams Institute.

That’s the highest number yet, said Jody L. Herman, a senior scholar with the Williams Institute and co-author of the report, which has tracked the issue for over a decade.

“The problem is certainly getting worse.”

Thirty-six states now have voter ID requirements, according to the National Conference of State Legislatures.

In the 42 states that conduct their elections primarily in person, rather than by mail, 43 per cent of eligible trans voters lack updated documents, the Williams Institute found.

The problems stem from the new laws - but also because many states are making it tougher for trans people to get IDs, Herman said, noting a legislative “patchwork quilt” at state level.

For instance, some states require trans people to have some form of gender-affirming surgical care in order to alter a birth certificate then change other forms of ID.

While a few states such as California have sought to make changing an ID easier, Herman said the trend ran in the opposite direction.

Deterrent

Another challenge lies in training poll workers on the nuances of voter ID laws and how to address any discrepancies. “The crux of the issue is people interacting with people,” Herman said. “It’s when trans people go to polls and have to interact with poll workers – that’s the moment when harassment can happen, and we have evidence that denial of service does happen when they show IDs.”

A new national advocacy effort, TRANSform the Vote, is offering guidance for trans voters and poll workers, urging the latter “not be distracted by gender presentation when you are evaluating a voter’s identity and eligibility to vote.”

Some states are mandating such training.

Rules that California put in place in 2019, for instance, note that perceived differences between a voter's appearance and the details of their documentation “does not render their identification insufficient,” and specifies that any such doubt should be resolved in favor of allowing the person to vote.

Rhode Island has made it a priority to help trans voters navigate voter ID law and overcome any difficulty at the polls, including offering a free ID without a gender marker.

The state recently took part in an event to provide voting and ID information to the trans community, said Department of State communications director Faith Chybowski, noting “every eligible voter should be able to cast their ballot safely and comfortably”.

The program started in 2021, at that time rooted less in problems experienced at the polls and more with perceived blocks that had kept trans voters from turning out in the first place.

“The safety factor was a deterrent,” said Jayeson Watts, a director at Thundermist Health Center, a community health clinic that spearheaded partnership with the state.

A website and other materials now offer a comprehensive resource on name changes - tips that Watts said are widely shared in the community.

“We partnered with the state so people can see it’s not just a community organization putting out this information. The state is saying, ‘No, we’re going to protect you. You have rights,’” Watts said. “And that makes it really important in helping people feel secure.”