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North Dakota Measure 2, Citizen Requirement for Voting Amendment Initiative (2018)
- General election: Nov. 6
- Voter registration deadline: N/A (no formal registration process)
- Early voting: Sept. 27 - Nov. 5
- Absentee voting deadline: Postmark Nov. 5
- Online registration: N/A
- Same-day registration: N/A
- Voter ID: ID required
- Poll times: Varies according to the size of the precinct
| North Dakota Measure 2 | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Suffrage | |
Status Approved | |
| Type Constitutional amendment | Origin Citizens |
North Dakota Measure 2, the Citizen Requirement for Voting Amendment Initiative, was on the ballot in North Dakota as an initiated constitutional amendment on November 6, 2018. It was approved.
| A "yes" vote supported amending the North Dakota Constitution to state that “only a citizen” of the U.S. can vote in federal, state, and local elections. |
| A "no" vote opposed amending the North Dakota Constitution, thus keeping the existing language that says “every citizen” of the U.S. can vote. |
Election results
|
North Dakota Measure 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
208,499 | 65.93% | ||
| No | 107,751 | 34.07% | ||
Overview
Measure design
Measure 2 amended the North Dakota Constitution to state that only citizens of the United States can vote in federal, state, and local elections and on state or local ballot measures. The ballot initiative replaced the existing language of "Every citizen of the United States... shall be a qualified elector" with "Only a citizen of the United States... shall be a qualified elector."[1][2][3]
Non-citizen voting in the U.S.
As of 2018, neither North Dakota nor any of the state's local jurisdictions allowed non-citizens to vote in elections. Therefore, according to Secretary of State Al Jaeger (R), "[Measure 2] does not change the current election administrative procedures in state law."[4] In 1996, the U.S. Congress passed a law prohibiting non-citizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections.[5] Federal law did not address state or local elections. San Fransisco and several local governments in Maryland had passed laws to expand voting to non-citizens for certain local elections.[6][7]
Text of measure
Ballot title
The ballot title for Measure 2 was as follows:[8]
| “ | This initiated measure would amend Article II of the North Dakota Constitution to state that “only a citizen” of the United States is a qualified elector, instead of the current provision that states “every citizen” of the United States is a qualified elector. The measure also would state that only a qualified elector may vote in any general, special, or primary election for a federal, statewide, state legislative, district, county, township, city, or school district office or ballot measure.[9] | ” |
Constitutional changes
- See also: Article II, North Dakota Constitution
Measure 2 amended section 1 of Article 11 of the state constitution. The following underlined text was added, and struck-through text was deleted:[1]
ARTICLE II. ELECTIVE FRANCHISE. Section 1. The general election of the state shall be held biennially as provided by law.
Every Only a citizen of the United States, who has attained the age of eighteen years and who is a North Dakota resident, shall be a qualified elector. When an elector moves within the state, he shall be entitled to vote in the precinct from which he moves until he establishes voting residence in another precinct. The legislative assembly shall provide by law for the determination of residence for voting eligibility, other than physical presence. No elector shall lose his residency for voting eligibility solely by reason of his absence from the state.
The legislative assembly shall provide by law for secrecy in voting, for absentee voting, for administration of elections and for the nomination of candidates.
Section 2. No person who has been declared mentally incompetent by order of a court or other authority having jurisdiction, which order has not been rescinded, shall be qualified to vote. No person convicted of a felony shall be qualified to vote until his or her civil rights are restored.
Section 3. Only a qualified elector may vote in any general, special, or primary election for a federal, statewide, state legislative, district, county, township, city, or school district office, or for a statewide, district, or political subdivision ballot measure. [9]
Readability score
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The North Dakota Secretary of State wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support
North Dakotans for Citizen Voting led the campaign in support of Measure 2.
Supporters
Candidate for District 35 of the North Dakota State Senate Gary Emineth (R), submitted this initiative. Emineth also serves as chairman of North Dakotans for Citizen Voting.[10][11][12]
Officials
Arguments
- North Dakotans for Citizen Voting featured the following arguments on its website:[14]
| “ | Currently the constitution doesn't state that only U.S. citizens can vote - it says that U.S. citizens are eligible to vote. This measure clarifies it. There have been a few cases around the state where county auditors sought clarification. Non-citizens are already voting in Chicago, San Francisco and in 11 cities in Maryland. Voting is the fundamental and exclusive right of U.S. citizens. We welcome many people who choose to live temporarily or even permanently in North Dakota, or elsewhere in the United States. But if they want to vote in our elections, they should make the decision to become a U.S. citizen and go through that process. This initiative doesn’t deal with immigration or the problem of voter fraud. Our goal is simple and straightforward: make voting the exclusive right of U.S. citizens. People who support voting as the basic, fundamental right of U.S. citizens will support this ballot measure, and those who want non-citizens to vote will oppose it.[9] | ” |
- Gary Emineth argued on Facebook that "The word 'every' is non-exclusive ... we are changing it to 'only' ... because we have people like this that think our voting laws leave a window of opportunity to be exploited and flipped to a liberal thinking state."[15]
Opposition
Arguments
- Zac Echola said, “The petition’s language accomplishes nothing." Echola is a sponsor for Reform Fargo, a group that led the campaign in support of a local ballot measure in Fargo, North Dakota to allow approval voting, a system where a voter may cast a vote for any number of candidates they choose.[12]
- Steven Morrison, a law professor at the University of North Dakota, said, “Practically speaking, I don’t see how this would change anything. The question is do you have non-residents, non-citizens voting now?”[12]
Media editorials
- See also: 2018 ballot measure media endorsements
Support
Ballotpedia did not identify any media editorials in support of Measure 2. If you are aware of one, please send an email with a link to editor@ballotpedia.org.
Opposition
- Inforum said: "Measure 2 is a silly idea, utterly lacking in merit. It seeks to amend the North Dakota Constitution to specify that "only a citizen" of the United States is a qualified voter. In fact, the North Dakota Constitution already defines a voter as a U.S. citizen. Nothing ambiguous about it. There's no need to clutter the constitution with unneeded verbiage. Vote no on Measure 2."[16]
Campaign finance
Ballotpedia identified one committee registered in support of the measure: North Dakotans for Citizen Voting. The committee had raised $303,357.00 and had spent all of the contributions. The top donors to the campaign were the Liberty Initiative Fund ($259,607) and Gary Emineth ($43,750).[17]
Ballotpedia had not identified any committees registered in opposition to the measure.[17]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $254,357.00 | $49,000.00 | $303,357.00 | $254,357.00 | $303,357.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $254,357.00 | $49,000.00 | $303,357.00 | $254,357.00 | $303,357.00 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[17]
| Committees in support of Measure 2 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| North Dakotans for Citizen Voting | $254,357.00 | $49,000.00 | $303,357.00 | $254,357.00 | $303,357.00 |
| Total | $254,357.00 | $49,000.00 | $303,357.00 | $254,357.00 | $303,357.00 |
Donors
The following were the top donors to the committee.[17]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Liberty Initiative Fund | $210,607.00 | $49,000.00 | $259,607.00 |
| Gary Emineth | $43,750.00 | $0.00 | $43,750.00 |
Polls
Below are poll results for the measure:
| North Dakota Measure 2 | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| KFYR, KVLY, and Strategic Research Associates poll 10/12/18 - 10/19/18 | 72% | 20% | 8% | +/-3.8 | 650 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Background
Voting in North Dakota
- See also: Voting in North Dakota
Voter registration
North Dakota is the only state without a formal voter registration procedure.[18]
| “ | Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections.
North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting and lack of voter registration is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct.[18][9] |
” |
| —North Dakota Secretary of State | ||
Election policy on the ballot in 2018
Voters considered ballot measures addressing election policy in 15 states in 2018.
Redistricting:
- See also: Redistricting measures on the ballot
- Ohio Issue 1, Congressional Redistricting Procedures Amendment (May 2018) - The Ohio State Legislature, through a bipartisan vote, referred Issue 1 to the ballot for the election on May 8, 2018. The measure was written to change the vote requirements to pass congressional redistricting maps and the standards used in congressional redistricting in Ohio. Voters approved Issue 1.
- Colorado Amendment Y, Independent Commission for Congressional Redistricting Amendment (2018) - The amendment was written to create a 12-member commission responsible for approving district maps for Colorado's congressional districts. Democrats and Republicans in the Colorado State Legislature voted to refer the measure. It was approved.
- Colorado Amendment Z, Independent Commission for State Legislative Redistricting Amendment (2018) - The amendment was written to create a 12-member commission responsible for approving district maps for Colorado's state House and state Senate. Democrats and Republicans in the legislature voted to refer the amendment. It was approved.
- Michigan Proposal 2, Independent Redistricting Commission Initiative (2018) - The organization Voters Not Politicians collected more than the required 315,654 signatures for the initiative. The initiative was designed to transfer the power to draw the state's congressional and legislative districts from the Michigan State Legislature to an independent redistricting commission. It was approved.
- Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) - The PAC Clean Missouri collected signatures to get the initiated amendment on the ballot. The measure made changes to the state's lobbying laws, campaign finance limits for state legislative candidates, and legislative redistricting process. The position of nonpartisan state demographer was created. Amendment 1 made the demographer responsible for drawing legislative redistricting maps and presenting them to the House and Senate apportionment commissions.
- Utah Proposition 4, Independent Advisory Commission on Redistricting Initiative (2018) - The measure created a seven-member independent redistricting commission to draft maps for congressional and state legislative districts. The committee Utahns for Responsive Government collected more than the required 113,143 signatures to get the initiative certified for the ballot.
Voting requirements and ballot access:
- Arkansas Issue 2, Voter ID Amendment (2018) - Issue 2 was designed to require individuals to present a valid photo ID to cast non-provisional ballots in person or absentee. The Arkansas State Legislature referred the measure to the ballot, with Republicans and four of 30 Democrats voting to put Issue 2 on the ballot. It was approved.
- Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018) - The committee Floridians for a Fair Democracy collected more than the required 766,200 signatures to get Amendment 4 placed on the ballot. The measure was designed to automatically restore the right to vote for people with prior felony convictions, except those convicted of murder or a felony sexual offense, upon completion of their sentences, including prison, parole, and probation. It was approved.
- Louisiana Amendment 1, Felons Disqualified to Run for Office for Five Years Amendment (2018) - This measure was put on the ballot by the state legislature. Louisiana voters approved Amendment 9 in 1998 to prevent convicted felons from seeking or holding public office for 15 years following the completion of their sentences. Amendment 9 was struck down by the Louisiana Supreme Court in 2016. It was approved.
- Maryland Question 2, Election-Day Voter Registration Amendment (2018) - Legislative Democrats voted to place the amendment the ballot. The measure was designed to authorize a process for registering qualified individuals to vote at a precinct polling place on election day. It was approved.
- Michigan Proposal 3, Voting Policies in State Constitution Initiative (2018) - Promote the Vote collected more than 315,654 valid signatures to get the initiative placed on the ballot. Proposal 3 was designed to add several voting policies to the Michigan Constitution, including straight-ticket voting, automatic voter registration, no-excuse absentee voting, and same-day voter registration. It was approved.
- Montana LR-129, Ballot Collection Measure (2018) - The Montana State Legislature voted to place the measure on the ballot, through the support of 80 of 91 Republicans and one of 59 Democrats. The measure was written to ban persons from collecting the election ballots of other people, with exceptions for certain individuals. It was approved.
- Nevada Question 5, Automatic Voter Registration via DMV Initiative (2018) - The measure was designed to provide for the automatic voter registration of eligible citizens when receiving certain services from the Nevada Department of Motor Vehicles (DMV). The Nevada Election Administration Committee, a project of iVote, collected more than the required 55,234 signatures to get Question 5 placed on the ballot. It was approved.
- North Carolina Voter ID Amendment (2018) - This amendment was referred to the ballot by the state legislature along party lines with Republicans voting in favor of it and Democrats voting against it. It created a constitutional requirement that voters present a photo ID to vote in person. It was approved.
- North Dakota Measure 2, Citizen Requirement for Voting Amendment Initiative (2018) - North Dakotans for Citizen Voting collected more than the required 26,904 valid signatures to qualify this initiative for the ballot. The measure was designed to clarify that only a U.S. citizen can vote in federal, state, and local elections in North Dakota. It was approved.
Arkansas Issue 3, a legislative term limits initiative, was certified for the ballot but was blocked by an Arkansas Supreme Court ruling. The measure would have imposed term limits of six years for members of the Arkansas House of Representatives and eight years for members of the Arkansas Senate. The ruling came too late to remove the measure from the ballot, but the supreme court ordered election officials to not count or certify votes for Issue 3.
Campaign finance, political spending, and ethics:
- Colorado Amendment 75, Campaign Contribution Limits Initiative (2018)
- Proponents collected more than the required 136,328 valid signatures and met the state's distribution requirement to qualify this initiative for the ballot. The measure would have established that if any candidate for state office directs (by loan or contribution) more than one million dollars in support of his or her own campaign, then every candidate for the same office in the same primary or general election may accept five times the aggregate amount of campaign contributions normally allowed. It was defeated.
- Massachusetts Question 2, Advisory Commission for Amendments to the U.S. Constitution Regarding Corporate Personhood and Political Spending Initiative (2018) - This citizen initiative was designed to establish a 15-member citizens' commission to advocate for certain amendments to the United States Constitution regarding political spending and corporate personhood. It was approved.
- Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) - Besides the redistricting provisions of Amendment 1 described above, Missouri Amendment one also made changes to the state's lobbying laws and campaign finance limits for state legislative candidates.
- North Dakota Measure 1, Ethics Commission, Foreign Political Contribution Ban, and Conflicts of Interest Initiative (2018) - North Dakotans for Public Integrity collected more than the required 26,904 valid signatures to qualify this initiative for the ballot. Measure 1 established an ethics commission, ban foreign political contributions, and enact provisions related to lobbying and conflicts of interest. It was approved.
- South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018) - The committee Represent South Dakota collected more than the required 27,741 signatures to get the initiative certified for the ballot. The measure was designed to revise campaign finance and lobbying laws, create a government accountability board, and enact new laws governing the initiative and referendum process. It was defeated.
- South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018) - This citizen initiative banned out-of-state contributions to committees supporting or opposing ballot measures within South Dakota. Rep. Mark Mickelson (R-13), speaker of the South Dakota House of Representatives, sponsored the initiative. It was approved.
Election policy ballot measures
Path to the ballot
The state process
In North Dakota, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 4 percent of the population of the state. North Dakota is unique in using the population to determine signature requirements for initiatives and referendums. Petitioners may circulate a petition for one year following the secretary of state's initial approval. The signatures must be submitted at least 120 days prior to the election.
The requirements to get an initiated constitutional amendment certified for the 2018 ballot:
- Signatures: 26,904 valid signatures were required.
- Deadline: The deadline to submit signatures was July 9, 2018.
Once the signatures have been gathered, the secretary of state verifies them using a random sample method. Since North Dakota does not have a voter registration system, the secretary of state may use "questionnaires, postcards, telephone calls, personal interviews, or other accepted information-gathering techniques" to verify the selected signatures.
Cost of signature collection:
Sponsors of the measure hired Advanced Micro Targeting to collect signatures for the petition to qualify this measure for the ballot. A total of $248,857.00 was spent to collect the 26,904 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $9.25.
Details about this initiative
- The measure was submitted to the secretary of state on May 14, 2018. It was approved for signature gathering on May 23, 2018.[2]
- On July 6, 2018, proponents of the measure reported submitting around 35,000 signatures to the secretary of state's office. To qualify for the November 2018 ballot, 26,904 valid signatures were required.[19]
- On August 10, 2018, North Dakota Secretary of State Al Jaeger announced that the measure had qualified for the ballot. Proponents submitted 32,000 valid signatures. A total of 26,904 were required to qualify.[3]
How to cast a vote
- See also: Voting in North Dakota
Poll times
In North Dakota, voting hours at polling locations vary by county. According to statute, all polls must open between 7:00 a.m. and 9:00 a.m. local time, and they must close between 7:00 p.m. and 9:00 p.m. North Dakota is divided between the Central and Mountain time zones. Hours for specific polling places are available online through the state's Polling Place Search. A voter who is standing in line at the time the polls close will be allowed to vote.[20][21]
Registration requirements
- Check your voter information here.
North Dakota is the only state that does not require voter registration.[22][23]
| “ | Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections.
|
” |
| —North Dakota Secretary of State | ||
Voter ID requirements
North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth.[24]
Acceptable forms of voter identification include:
- Driver’s license
- Nondriver’s identification card
- Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Long-term care identification certificate (provided by North Dakota facility)
If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents:
- Current utility bill
- Current bank statement
- Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Paycheck
- Student photo ID card from a North Dakota institution containing the student's photograph and legal name. A printed document on school letterhead containing the student’s name, address, and date of birth must also be presented.
- North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have another valid form of identification.
According to the secretary of state's office, "An applicant without an acceptable form of identification may use an attester. The attester must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."[24]
Voters who cast absentee/mail-in ballot must include a valid form of identification with their ballot. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."[24]
See also
External links
Support |
OppositionIf you know of any links to opponents' websites or social media accounts, let us know by sending an email to editor@ballotpedia.org. |
Footnotes
- ↑ 1.0 1.1 North Dakota Secretary of State, "Qualified Elector Petition, Full Text," accessed May 24, 2018
- ↑ 2.0 2.1 North Dakota Secretary of State, "Time Line for Constitutional Initiative Relating to the elections in which a qualified elector may vote," accessed May 24, 2018
- ↑ 3.0 3.1 Washington Times, "North Dakota measure barring noncitizen voting makes ballot," accessed August 10, 2018
- ↑ Grand Forks Herald, "North Dakota's Measure 2 emphasizes that 'only a citizen' of the U.S. is a qualified elector in ND," October 23, 2018
- ↑ Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed November 1, 2018
- ↑ NBC News, "House GOP passes measure blasting allowing non-citizens to vote in local elections," September 26, 2018
- ↑ CNN, "Noncitizens in San Francisco can register to vote, but only for school board elections," July 20, 2018
- ↑ North Dakota Secretary of State, "Official ballot language for measures appearing on the election ballot," accessed October 14, 2018
- ↑ 9.0 9.1 9.2 9.3 9.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ InForum, "Proposed ND ballot measure to prevent noncitizen voting moves forward," accessed May 24, 2018
- ↑ AP News, "Measure Barring Noncitizen Voting Approved for Circulation," accessed May 24, 2018
- ↑ 12.0 12.1 12.2 Bismarck Tribune, "Change or distraction? Petition seeks to rewrite constitutional language on who can vote," accessed June 19, 2018
- ↑ 13.0 13.1 U.S. News, "The Latest: ND Senate Hopefuls Agree on Pot, Voting Ban," October 31, 2018
- ↑ North Dakotans for Citizen Voting, "Q&A," accessed August 23, 2018
- ↑ Facebook, "Gary Emineth August 10 at 2:26 PM Facebook post," accessed August 23, 2018
- ↑ Inforum, "Editorial: Vote no on ND Measure 1, 2, 3; yes on Measure 4," accessed October 18, 2018
- ↑ 17.0 17.1 17.2 17.3 North Dakota Secretary of State, "Committee Search," accessed June 24, 2018
- ↑ 18.0 18.1 North Dakota Secretary of State, "North Dakota ... The Only State Without Voter Registration," accessed June 10, 2014
- ↑ Rapid City Journal, "North Dakota measure would bar noncitizen voting," accessed July 9, 2018
- ↑ North Dakota Secretary of State, "Q: What are voting hours in North Dakota?" accessed August 12, 2024
- ↑ Justia, "2023 North Dakota Century Code, 16.1-01-03. Opening and closing of the polls," accessed August 14, 2024
- ↑ 22.0 22.1 North Dakota Secretary of State, “North Dakota….The Only State Without Voter Registration,” accessed April 24, 2023
- ↑ North Dakota Secretary of State, “Voter Registration in North Dakota,” accessed August 12, 2024
- ↑ 24.0 24.1 24.2 North Dakota Secretary of State, "ID Requirements for Voting," accessed August 12, 2024
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