Voting While Trans: How Voter ID Laws Unconstitutionally Compel the Speech of Trans Voters.

Table of Contents Introduction I. Voter ID Requirements and the Cost of Compliance A. The Current Landscape of State Voter ID Requirements 1. Strict Photo ID 2. Strict Nonphoto ID [...]
Thirty-five states currently request or require identification documents for inperson voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter's gender presentation, the voter may be disenfranchised--either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not align with their gender presentation, they effectively out themselves. For both nonpassing and cispassing trans voters, presenting an ID that does not align with their gender identity compels them to express a message about their identity that they do not personally believe. In response to these problems for trans voters, this Note offers a novel legal avenue through which to challenge voter ID laws, arguing that voter-ID requirements as applied to trans voters constitute compelled speech in violation of the First Amendment.