The Arkansas Supreme Court on Thursday voted 5-2 to uphold Act 633 of 2017, a voter identification law that requires Arkansas voters to provide ID “that shows the person’s name and photograph” and “is issued by the federal or state government or an accredited postsecondary educational institution in Arkansas.”
In 2014 the Arkansas Supreme Court struck down a nearly identical law on the basis of violating the State Constitution. In that ruling, the court explained, “Amendment 7 to the Arkansas Constitution, codified at article 5, section 1, provides that laws initiated by the people may be amended through a two-thirds vote of both houses of the General Assembly.” It is undisputed that Act 633 received the required two-thirds vote in the House of Representatives and the Senate.
Act 633 allows two different ways for votes to be counted without proper voting ID on election day. One is a “sworn statement at the polling site, under penalty of perjury, stating that the voter is registered to vote in this state and that he or she is the person registered to vote.” The second way is to make a provisional ballot and to present “a compliant form of identification to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election.”