Voter ID bill filed in House

A bill was filed Tuesday that would require voters to present a photo identification, two years after the Arkansas Supreme Court ruled the state’s previous voter ID law invalid.

House Bill 1047 by Rep. Mark Lowery, R-Maumelle, would require voters voting in person to present an identification card with their name and photograph, the card being no more than four years old. Absentee voters would be required to submit a copy of a qualifying document or identification card.

The measure would amend the Arkansas Constitution’s Amendment 51, which governs the registration of voters. Under Amendment 7, the Legislature can amend amendments initiated by voters with a two-thirds vote.

In 2013, legislators passed Act 595 requiring voters to produce proof of identity. Gov. Mike Beebe vetoed the bill, but the Legislature overrode it. A circuit court ruled the law violated Article 3, Section 1 of the Arkansas Constitution by adding an additional qualification for voters. That section says only that voters must be United States citizens, Arkansas residents, at least 18 years old and lawfully registered to vote.

The Arkansas Supreme Court unanimously affirmed that decision on Oct. 15, 2014, with the late Justice Donald Corbin writing the majority opinion. In a concurring opinion, Justice Courtney Goodson wrote that the act failed to obtain a two-thirds majority vote in both houses, but she did not rule on whether the act complied with Article 3. She was joined by Justices Karen Baker and Jo Hart.

Lowery said his bill offers a more comprehensive list of acceptable identifications than the 2013 law, which he hopes will address concerns of disenfranchising voters. He believes a two-thirds vote would make it constitutional.

“I’m wanting to take this first swipe here, just to see if we can pass a bill by two-thirds in both houses, and I believe it will stand up to Supreme Court scrutiny,” he said.

Acceptable cards would include a driver’s license, photo identification card, concealed handgun carry license, passport, employee badge, military or student ID, a public assistance identification card, or a voter verification card. Residents of long-term care facilities would not be required to submit an identification.

Those without identification could vote provisionally, with their votes counted if they return to the county board of election commissioners or the county clerk by noon Monday following the election and present an identification or an affidavit saying the voter is indigent or has a religious objection to being photographed. The secretary of state would be allowed to issue cards to individuals who request them at no charge to the individual.

After the election, the county board of election commissioners could review precinct voter lists and provide information on voters who did not present identification to the prosecuting attorney for investigation for possible fraud. The circuit judge could cancel the voter’s registration.

Some other bills filed this week include:

– Senate Bill 31 by Sen. Jimmy Hickey, R-Texarkana, which would expand eligibility for the Academic Challenge Scholarship to second-year college students who did not initially receive the scholarship but have completed 27 hours with a grade point average of at least 2.5.
– Senate Bill 32 by Hickey, which would prohibit adult sex offenders from coming on public school campuses for events with tickets or admission fees except when they are a parent or guardian or related by blood to a student, and only if they are accompanied by a guard the offender pays for.
– Senate Bill 33 by Hickey, which would require employers to allow employees with concealed handguns to keep their guns in their locked private vehicles on the employer’s parking lot.
– House Bill 1046 by Rep. Clarke Tucker, D-Little Rock, which would grant paid maternity leave to state employees with payments up to $500 a week for up to six weeks.
– House Bill 1048 by Rep. David Meeks, R-Conway, which would allow child placement coordinators to place children in short-term voluntary respite care without obtaining a license, though fingerprints and a background check would be required.

Some of the bills filed last week include:

– House Bill 1034 by Rep. Mary Bentley, R-Perryville, the Healthy Food Improvement Act, which would require that Supplemental Nutrition Assistance Program funds be used only for foods and beverages that “have sufficient nutritional value,” to be identified and enforced by the Department of Human Services.
– House Bill 1036 by Rep. Kim Hendren, R-Gravette, which would prohibit public school students from using personal electronic devices such as cell phones during the school day and require schools to create a space for students to deposit their devices.
– House Bill 1041 by Rep. Brandt Smith, R-Jonesboro, which would prohibit the application of foreign laws in court rulings if those laws violate fundamental rights granted under the Arkansas or U.S. Constitution, including the right to due process; the right to equal protection; freedom of religion, speech or press; the right to keep and bear arms; the right to privacy; and the right to marry.
– House Bill 1042 by Smith, which would prohibit institutions of higher education from adopting sanctuary policies such as those giving “illegal immigrants the right to lawful presence or status on the campus.”