How Arizona’s Attempt To Pass Voter ID Laws Ironically Failed At The Ballot Box

On Nov. 8, Arizona’s Proposition 309, which required more proof of identity to vote by mail and in person, fell short by 18,487 votes and was defeated by the small margin of 49.6 percent to 50.4 percent. The Republican legislature and governor successfully passed numerous voting-related laws but failed to pass a measure to increase voter ID requirements.

Instead, they put Proposition 309 on the ballot, a measure that was was opposed by the League of Women Voters, the Arizona Education Association (teachers union), and many Democrat candidates. Former President Obama even claimed “democracy as we know it” was on the ballot in Arizona.

Considering that polls, such as the Monmouth University poll of 2021, have consistently recorded strong bipartisan public support for voter ID laws at about 80 percent overall, why did this voter ID measure fail?

On the same Election Day, Nebraska passed its voter ID Initiative 432 by a large margin of 65.5 percent to 34.6 percent. A “yes” vote supported amending the state constitution to require valid photo identification in order to vote and authorized the state legislature to pass laws to specify the photo identification requirements. Granted, Nebraska has a higher proportion of registered Republicans, but Arizona has a higher proportion of independent voters from which to draw support.

Below is a comparison of how Arizona and Nebraska voted. While we can’t simply expect 91 percent of Republicans to always support voter ID laws, it is clear that the Arizona results fell far short.

Before attempting to identify the cause of this failure, we must first note the differences between the two ballot proposals. Arizona already had voter ID requirements for in-person voters, but Nebraska had virtually none.

Under existing Nebraska law, the only time voters were asked for their ID (or a form of address verification) was after they first mailed in their registration application but failed to provide an ID or a form of address verification at that time. A “yes” vote on Nebraska Initiative 432 supported amending the state constitution to require valid photo identification in order to vote and authorized the state legislature to pass laws to specify the photo identification requirements. 

Under Section 16-579 of Arizona state law, electors must present accepted forms of photo identification, or two alternate forms of documentation that contain an address, when voting in person. However, there are no ID requirements other than a signature when voting by mail. Members of federally recognized tribes are not required to have an address or photo on their tribal identification in order to cast a provisional ballot.

Arizona’s Proposition 309 would have required voters to write their birth date, government identification number, and signature on an early ballot affidavit to vote by mail, rather than just simply putting their signatures on early ballot envelopes. The measure would have changed in-person voting to require photo identification for all in-person voters and, if the address on the identification didn’t match voter rolls, then the two items such as utility bills