LGBTQ Agenda: Quarter of trans US voters could be disenfranchised, report says

  • by John Ferrannini, Assistant Editor
  • Tuesday October 8, 2024
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A Williams Institute report found that a quarter of trans voters in the U.S. could be disenfranchised because of voter ID laws. Photo: JL Odom
A Williams Institute report found that a quarter of trans voters in the U.S. could be disenfranchised because of voter ID laws. Photo: JL Odom

A quarter of adult transgender Americans eligible to vote in the November elections could be disenfranchised, according to a new report from the Williams Institute at UCLA School of Law. Meanwhile, a new national trans advocacy group is working to spread the word about endorsed candidates to fight anti-trans laws.

The Williams Institute report, published September 10, found of the estimated 825,100 transgender adult American citizens, 210,800 could have problems voting because their ID doesn't list their correct name or gender identity.

Jody Herman, a lesbian who is the Reid Rasmussen Senior Scholar of Public Policy at the Williams Institute, an LGBTQ think tank, told the Bay Area Reporter, "We used a few different data sources — mainly the U.S. Trans Survey, which is one of the largest surveys of trans people ever conducted. That's how we derived our estimate about the trans population who would be eligible to vote and what is the status of their identity documents, so we were able to utilize our population estimates."

Thirty-six U.S. states have voter ID laws, and 33 primarily conduct elections in person at polling precincts, the report states.

"There are 430,000 eligible trans people in the U.S. that live in states that ... don't conduct their elections primarily by mail and also have a voter ID law. Half of those, so about 210,000, don't have correct ID that reflects their name correctly," Herman said.

According to a news release from the institute, "The strictest laws require voters to present a government-issued photo ID at the polling place and do not offer an alternative for voters who do not have a photo ID or have an inaccurate photo ID, as is often the case for transgender people." The release added that 91,300 trans adults reside in states with the strictest ID laws.

"Voter ID laws can create a unique barrier to voting for a substantial number of transgender people, which is particularly impactful in elections decided by a small number of votes," stated co-author Herman in the release. "States can improve voting access for transgender individuals by revising voter ID laws, simplifying and making the process of obtaining accurate IDs more affordable, providing training for poll workers, and reducing overall barriers to voting."

Herman concluded that "the election's coming up so we're running out of time, but I think it's important for trans folks to know the laws in their states where they're voting and to double check their voter registration information is correct for them. Trans people, I would hope, would be armed with the knowledge of their rights as a voter."

Since the 2020 presidential election — which then-President Donald Trump falsely claimed he won — 27 states have adopted new voting restrictions. California, on the other hand, recently banned local laws requiring voter ID in response to a Huntington Beach ballot measure earlier this year that requires them and was approved by voters. The state responded by suing Huntington Beach. Senate Bill 1174 was authored by state Senator Dave Min (D-Irvine).

"This legislation makes clear that election integrity and voter eligibility requirements are exclusively up to the State of California," Min stated. "We cannot have 100 different charter cities making up 100 different sets of voting rules, based on fringe conspiracy theories. I have repeatedly told the Huntington Beach City Council members pushing this issue that if they were to produce any evidence of widespread voter fraud, I would lead efforts to change California's voter eligibility rules. They have not produced any such evidence."

The Williams Institute states that trans voters may need to update the photos, names, and gender markers on their state-issued IDs "when they begin living according to their gender identity," the release states.

"If not prohibited, this process can be costly, time-consuming, and challenging because the laws regarding gender marker changes vary significantly across states and federal agencies," the Williams Institute continued. "Transgender people who are Black, Indigenous, or people of color, young adults, students, living with low incomes, experiencing homelessness, or living with disabilities are more likely not to have accurate IDs for voting."

Four states bar residents from amending their gender designation on official documents. These are Montana, Oklahoma, Tennessee, and West Virginia.

Nine states and territories require proof of surgery, court order, or an altered birth certificate to change one's gender designation on a driver's license. These are Georgia, Guam, Iowa, Kentucky, Louisiana, the Northern Mariana Islands, South Carolina, Tennessee, and Texas.

Advocates for Trans Equality

Meanwhile, as the B.A.R. previously reported, two national trans groups recently merged to form the Advocates for Trans Equality — and election 2024 is a top priority.

Andy Marra, a trans woman who was the executive director of the New York City-based Transgender Legal Defense and Education Fund, and Rodrigo Heng-Lehtinen, a gay Latino trans man who was the executive director of the Washington, D.C.-based National Center for Transgender Equality, are CEO and executive director of the new organization, respectively. Neither was available to comment to the B.A.R. for this report, but Ash Orr, a pansexual trans man from Appalachia who is public relations manager for the organization, was.

Orr stated that restrictive attitudes present barriers for trans people.

"Their IDs might not list their correct name or gender or have an outdated photo. These discrepancies do not make the ID invalid for voting," Orr stated. "However, ignorance and bias among poll workers can lead to misunderstandings, causing them to mistakenly think the ID is suspicious and try to prevent voting. While having multiple forms of ID might help, it can also add to the confusion if the IDs have different names or gender designations. As long as the poll worker can identify the voter from their picture, the ID is valid for voting."

Orr continued that there are things states can do to improve the voter experience for trans and gender-nonconforming people.

"States can enhance voting access for trans people by updating voter ID laws, making it easier and more affordable to obtain accurate identification, offering comprehensive training for poll workers on gender diversity, and addressing broader barriers to voting that disproportionately affect marginalized communities," Orr stated.

Marra and Heng-Lehtinen had previously told the B.A.R. that two top priorities are assuring the success of the Democratic presidential ticket now Kamala Harris and Tim Walz after President Joe Biden withdrew in July, and the success of trans candidates in other races nationwide. Orr stated that the reason is because "Anti-trans lawmakers are poised to employ a diversity of strategies to overturn important protections set forth by the Biden administration and further restrict transition-related healthcare for transgender people. This includes restrictions in federal appropriations and [U.S. Department of Defense] budgets, the erosion of expert federal agencies' regulatory authority, and attempt to halt the enforcement of nondiscrimination protections."

To that end, National Center for Transgender Equality Action Fund endorsed a slate of trans candidates earlier this year.

"These endorsements highlight the importance of electing leaders who are dedicated to advancing the rights and dignity of the transgender community nationwide," Orr stated. "These candidates have demonstrated not only their commitment to advocating for transgender rights but also their ability to run impactful campaigns with strong legislative platforms. A4TEAF is excited to support these candidates, whose leadership will drive the positive changes we seek for our country."

These candidates include Sarah McBride of Delaware, a trans woman and Democrat who is running to be the first openly transgender member of Congress; Ari Faber, a trans man and Democrat who is running for Ohio state Senate District 30; Charlotte A. Scherer, a trans woman and Democrat running for city council in Alexandria, Virginia.

McBride, Faber, and Scherer didn't return requests for comment for this report by press time.

The full list of endorsed candidates is available online.

LGBTQ Agenda is an online column that appears weekly. Got a tip on queer news? Contact John Ferrannini at [email protected]

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