blue bullet Does anything in HAVA prohibit states from adopting voter identification requirements not required by HAVA?
No. Section 303(b) of HAVA requires that states obtain specific identification documentation from new registrants by mail either when they register the first time in a jurisdiction or the first time that they vote in an election for federal office. However, Section 304 provides that these are minimum requirements and nothing in HAVA prevents states from adopting stricter or additional identification provisions not required by HAVA, so long as they are uniform and non-discriminatory and otherwise comply with federal law. While some states have limited their voter identification requirements to those required by HAVA, other states have used the HAVA definition of acceptable identification in revising their existing voter identification requirements and in adopting new voter identification requirements for all voters in all elections.
