Don’t Let Voter ID Laws Stop You from Registering New Voters

Voter registration and education may be two of the most important nonpartisan election activities of 501(c)(3) organizations. The connection and trust that 501(c)(3) public charities have with the communities they serve is unparalleled, putting them in a unique position to encourage their communities to participate in the democratic process by exercising their right to vote. In 2011, three states (Kansas, Mississippi, and Rhode Island) passed new voter ID laws, while four other states (Alabama, South Carolina, Tennessee, and Texas) stiffened existing voter ID laws. Several other state legislatures are currently considering similar legislation or have voter identification ballot measures. These laws will significantly affect voter participation for hundreds, if not thousands, of people that are eligible to vote. So, it’s important to know what 501(c)(3) organizations can do to continue their non-partisan voter registration drives or Get-Out-the-Vote (GOTV) efforts in this new environment.

First, know what your state requires for voter registration drives. While it is completely within a 501(c)(3) public charity’s right to register voters and encourage them to vote, it’s imperative that an organization understand the state rules regarding voter registration and GOTV. These rules can typically be found at your Secretary of State’s website or with the state’s Department of Elections. In addition, you can check out Alliance for Justice’s State Law Resources to learn more about many state’s voter registration laws.

Second, learn if your state has passed voter ID laws. If so, find out what requirements your state has for voters to participate in the election. Most voter identification laws fall into three categories: strict photo ID, photo ID, and non-photo ID laws. Additionally, many states have legislative provisions in place that require free photo ID’s to be made available to eligible voters. Once you identify the type of law that is in place, it’s important to educate potential voters on those laws prior to registration or during your registration efforts. The Lawyers’ Committee for Civil Rights Under Law provides a chart with identification requirements for voting and registration by state. Click this link to view the chart.

Lastly, remember the basic rules that 501(c)(3) public charities must adhere to when engaging in voter registration efforts: you must not make any suggestion of which candidate to vote for, you must never make reference to a political party or a candidate in your registration or GOTV efforts, the voter registration services should be made available to everyone, and you may only target areas to work in for nonpartisan reasons. For example, choosing a location near the area your organization serves or working to register communities and populations that are typically underrepresented at the polls (low-income, minority, homeless, or student populations), would be an acceptable targeting criterion. It would not be acceptable to base your targeting based on political party or because of a district or state’s status as a “swing” district or state.

Despite the onerous nature of many of the new photo ID requirements, 501(c)(3) public charities can play a crucial role in reducing the disparate impact of those laws and insuring that every member of the constituencies we serve, fully exercises their right to vote. For more information and guidance on electoral activity for 501(c)(3) public charities, consult our Electoral Activity resources. To learn more about voter ID laws in your state and for helpful resources on voter protection, visit the Election Protection Coalition.