[Originally published here 2014-09-27]

A new study by a California-based think tank found that strict voter identification laws in 10 states might cause problems for transgender voters this fall, possibly disenfranchising more than 24,000 of them on Election Day. Illinois is not one of the states.

And yet the states include Arkansas, Georgia and Kansas, where the outcome of key U.S. Senate races could affect which political party controls the upper chamber of Congress.

For instance, a transgender person might face the issue of a identification card's photo not matching his or her current gender identity, or a gender designation "F" for female or "M" for male not matching a subsequent name change, with a person now identifying with a different gender.

"Lawmakers should not overlook the consequences of enacting stricter voter ID laws on transgender voters," study author Jody L. Herman, Ph.D., said in a news release.

Herman's report is titled "The Potential Impact of Voter Identification Laws on Transgender Voters in the 2014 General Election." She is the Peter J. Cooper Public Policy fellow at the Williams Institute, based in the UCLA School of Law.

"Election officials must consider the potential impact of these laws in the upcoming November elections," said Herman. "Voter ID laws create a unique barrier for transgender people who would otherwise be eligible to vote."

In all, 10 states—Alabama, Arkansas, Georgia, Indiana, Kansas, Mississippi, Tennessee, Texas, Virginia and Wisconsin—have strict government-issued photo identification requirements, according to the Williams Institute study. ( The voter identification law is not currently in effect in Wisconsin. )

Across those states, about 84,000 transgender people who have transitioned are estimated to be eligible to vote, with 24,000—or 28 percent—of them facing possible difficulties in casting ballots.

That's because the 28 percent of transgender voting-eligible persons in those 10 states have no identification or records that accurately reflect their gender.

In order to vote, the 24,000 transgender voters need to get updated IDs that comply with either state or federal requirements, which vary widely by state or federal agency.

State-issued driver's licenses or ID, a U.S. passport or a military identification card are all acceptable forms of ID in the states that require photo identification in order to vote, according to the study.

"If voters do not provide an acceptable form of identification, they may vote on a provisional ballot," the study noted. "For the provisional ballot to be counted they must provide an acceptable ID to government election officials within a certain limited timeframe."

Still, "Some voters may not have the means or the ability to present the required voter identification for a variety of reasons, such as poverty, disability, or religious objection," said Herman. "Transgender people have unique barriers to obtaining accurate IDs needed to vote. As these 10 states begin planning for their fall elections, educating poll workers is crucial in order to ensure that transgender voters in their states have fair access to the ballot."

Advocates raise concerns, offer suggestions

Sasha Buchert, staff attorney at the Oakland, California-based Transgender Law Center, discussed the barriers transgender people face in some detail.

"Almost all of the states with restrictive voter ID laws also require that transgender people obtain surgery before issuing an accurate driver's license," Buchert said in an email. "People should not be required to undergo forced sterilization in order to exercise their right to vote.

"Even if people want to [and are able] to medically transition, categorical health care exclusions force most transgender people to pay for medical care out of their pocket," she added. "Prohibitive health care costs, compounded by the impact of widespread employment discrimination and confusing patchwork of laws governing the process, make it extremely challenging for transgender voters in these states to hold accurate identity documents."

Trans people who have accurate forms of identification could still face problems, Buchert said.

"Even transgender voters who hold accurate ID will likely encounter bias and discrimination based on appearance-based assumptions from poll workers who challenge transgender people regarding the accuracy of their ID," she explained. "The 2011 National Transgender Discrimination Survey found that 20 percent of transgender people have been harassed or disrespected by governmental officials and rather than enduring the stigma and heightened scrutiny, many transgender people will simply choose to forego their voting rights."

While the Williams Institute study was "nothing new" to Mara Keisling, executive director of the Washington, D.C.-based National Center for Transgender Equality, "It still shows there are a lot of vulnerable transgender people who could run afoul of these laws," she said in a phone interview.

"Hopefully, people know by now that these laws are politically motivated and partisan," said Keisling, noting that in addition to transgender persons, seniors, students, low-income people, and people of color are also hurt.

"I don't think Republican legislatures that passed these were aiming at transgender voters. That was not on their radar," she said. "The truth is they made our folks vulnerable because some states have voter ID laws, and some states don't, but also some states have modern policies for how people can update information and get identification. Some states have old-fashion discriminatory policies."

"When those two things happen," Keisling said, referring to strict voter ID laws and discriminatory policies, "you are going to impact transgender voters."

Meanwhile, Keisling offered suggestions for transgender voters who want to cast their ballots and have them counted.

"Make sure your voter registration is up to date," she said. "If you have moved or changed your name, don't try to do that on Election Day."

Keisling also urged early voting in states that permit it. "If there are problems, there is time to fix it," she said.

Also, Keisling suggested voting by mail. "Using an absentee ballot is a good way to avoid running afoul of voter ID laws," she said.

Andrea Zekis, a trans woman and founder of the Arkansas Transgender Equality Coalition, offered an on-the-ground perspective from one of the 10 strict photo-ID states.

"Having the name match the face in a photo ID is costly and cumbersome," she said in a phone interview, referring to one of her state's voter eligibility requirements.

A name change in Arkansas, Zekis said, costs $165. "Then you have to go through the whole issue of legal document changes, requiring time and money," she said.

"The majority of trans people in Arkansas are low income," Zekis explained. "If someone has to pay hundreds of dollars for medical care that may not be covered in health insurance, if someone doesn't make much money at work and is going paycheck to paycheck, how is [he or she] going to come up with $165 for a name change?"

The Williams Institute study found that in Arkansas, 906 people out of the 3,485 transgender eligible voting population—or 26 percent—have no updated identification or records.

"We're making it difficult for trans people to vote," said Zekis. "Absentee voters in Arkansas must submit a copy of their photo-identification. Trans people who can't afford a name change will vote absentee or risk invasive personal questions from poll workers."

For more information, visit NCTE's website at Article Link Here . The Williams Institute report is available at williamsinstitute.law.ucla.edu/wp-content/uploads/voter-id-laws-september-2014.pdf .

©Copyright. Chuck Colbert. All rights reserved.