STANDARDS FOR PROOF OF RESIDENCY WHEN PROOF IS REQUIRED BY HAVA
The Help America Vote Act (HAVA) requires that certain voters are required to show proof of identity in order to vote.
The Secretary of State has adopted regulations, pursuant to Elections Code section 14310 (e), that specify what documents may be used to prove a voter's ID. The Office of Administrative Law approved these emergency regulations on January 28, 2004.
(Learn more in California Code of Regulations § 20107 Standards for Proof of Residency or Identity When Proof Is Required by Help America Vote Act.)
Important points to note include:
1. The regulations are required to be "liberally construed to permit voters and registrants to cast a regular ballot. Any doubt as to the sufficiency of proof or a document presented shall be resolved in favor of permitting the voter or new registrant to cast a regular ballot."
2. Any voter who is required to provide ID but is either unable or unwilling to do so must be advised that he or she may vote a provisional ballot.
3. A voter can prove his or her identity with an original (or copy) of:
A. "A current and valid photo identification" --- This means "a document prepared by a third party in the ordinary course of business that includes the photograph and name" of the voter. These documents can include a:
- Driver's license or ID card of any state
- Employee ID card
- ID card provided by a business
- Credit or debit card
- Military ID card
- Student ID card
- Health club ID card
- Insurance plan ID card
B. A voter can also provide proof of ID with the following documents that do not include a photo of the voter, if that document includes both the name and residence address of the voter. The document must be dated subsequent to the date of the last general election, unless the nature of the document is permanent.
- Utility bill
- Bank statement
- Government check
- Government paycheck
- Document issued by a government agency
- Sample ballot issued by a government agency
- Voter notification card issued by a government agency
- Public housing ID card issued by a public agency
- Lease/rental statement or agreement issued by a government agency
- Student ID card issued by a government agency
- Tuition statement or bill issued by a government agency
- Insurance plan card issued by a government agency
- Discharge certificates, pardons, or other official documents issued to a voter by a governmental agency in connection with resolution of a criminal case, indictment, sentence, or other matter
- Public transportation senior discount cards issued by a governmental agency
- ID documents issued by government homeless shelters and other government temporary or transitional facilities
- Drug prescription issued by a government doctor or other governmental health care provider
- Property tax statement issued by a government agency
- Vehicle registration or certificate of ownership issued by a government agency