(Memphis) The City of Memphis is going to battle against the state of Tennessee when it comes to the new voter ID law.
State official say a new Memphis Library photo card cannot be used to vote.
The only acceptable photo ID is one issued by the state or the federal government. The ID can even be from another state or expired but must be from the state or federal government.
City officials however say they believe the ID is valid and if it is not accepted, the matter will head to court.
"Some judge somewhere will have to decide who is right on the voter ID," said Memphis Mayor A C Wharton.
He is adamant the new city library cards satisfy the state law..
According to Wharton, state law identifies a state entity as cities, municipalities, counties and the agencies of those bodies that receive state funds, "If that`s not the library, I don`t know what is, that`s the plain letter law."
But the state says, the Memphis City Library does not qualify as a state entity.
The coordinator of elections for the state told News Channel 3, the City of Memphis never called to make sure the new library card was a valid form of ID to vote.
"I certainly wish they would have contacted us back in January, rather than a week before early voting. Now, we`re concerned people are going to show up with an ID that is not in the provisions," said Tennessee Elections Coordinator Mark Goins.
Mayor Wharton says he`s not sure why the city did not contact the state, but doesn't believe the call needed to be made, "Their lawyers, just like our lawyers are lawyers."
He insists city attorneys are just following a basic interpretation of the law.
"If the City if Memphis wanted their library cards to work, they should have gone the proper route and requested legislators down there to bring forth legislation." said Goins.
Mayor Wharton believes it`s not up to the election commission to make that call, "If they had the final authority, that would be one thing, but they do not have the final authority on that. I am sure it will be challenged if someone is turned down."
Mayor Wharton told us the library card is not a planned attempt to challenge the voter ID law.
The Mayor wanted it developed after he noticed a great need for Memphians to have photo identification in order to receive utilities.
The rules to get the photo ID library card are basically the same to get a license or free ID in TN so some have asked why you wouldn't just get the official state ID.
Card Applicants for photo identification card: Adult Applicants only (18years or older) Minor applicants and non‐Shelby County residents may only obtain a regular non‐photo card.
When applying for library photo Identification card, you must present documentation of:
1. Identity containing Name and Date of Birth proving applicant is at least 18 years of age.
Residency containing Principal Address in Shelby County (at least two documents are required)
Applicants must also disclose their valid social security number which can be verified through the Social Security Administration, or show proof of exemption from this requirement by presenting a valid, unexpired Record of Arrival and Departure in a valid foreign passport (I‐94 or I‐94A or a sworn affidavit if no Social Security number has been issued).
Documents must be certified with a raised seal or stamp. Faxed or photocopied documents cannot be accepted! All documents are subject to review and approval and further verification with the issuing agency or source. Additional information may be required.
Any document which states “NOT TO BE USED FOR PROOF OF IDENTIFICATION” will not be accepted for identity verification purposes.
Proof of Identity and age
(Present ONE U.S. based document to establish proof of identity, must contain full name and date of birth proving applicant is at least 18 years of age.)
In the event of a name change, you must present one document (certified marriage license, certified divorce decree or court order) that links your new name to the name that currently exists on your proof of identity below.
A valid Tennessee Digital Image Photo retained in the Department of Motor Vehicle computer System.
A valid permit, operator’s license, photo learner’s permit, CDL or state ID Card (Tennessee, out‐of‐state, U.S. Jurisdictions or U.S. Dept. of State), (or certified copy of driving record and other acceptable ID), as long as the document is not mutilated or altered.
A certified birth certificate issued by the U.S. Government or a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Swain’s Island, Gwam). Puerto Rican birth certificates issued before July 1, 2010 will not be recognized as proof of lawful U.S. Citizenship. Individuals presenting city or county birth certificates may be asked to provide additional identification documents. Hospital issued birth certificate cannot be accepted.
U.S. Certificate of Birth Abroad (DS‐1350 or FS‐545)
Consular Report of Birth Abroad (CRBA) issued by the U. S.
Report of Birth Abroad of a Citizen of the U.S. (FS‐240)
Certificate of Naturalization,(Form N‐550 or Form N‐570 or Form N‐578)
Certificate of Citizenship (Form N‐560 or Form N‐561 or Form N‐451)
U.S. Citizen Identification Card (I‐197, I‐179)
Department of State (Form FS‐240, SD‐1350 or FS‐545)
A valid Military ID Card or discharge papers (Form DD214) or Military dependent ID card
A valid, unexpired U.S. passport or passport card
A valid, unexpired Permanent Resident Card (I‐551)
Temporary resident identification card (I‐688)
Permanent resident Re‐entry Permit (I‐327)
Travel Document issued to Permanent Residents (I‐327)
Travel Document issued to Refugees (I‐571)
A valid, unexpired ADIT stamp “Processed for I‐551, temporary evidence of lawful admission for permanent resident until _____” In a valid foreign passport. After June 28, 2004 printed statement “Upon Endorsed Served as Temporary I‐551 Evidencing Permanent Resident for 1 Year” in a valid foreign passport, providing the proper placement of an admission stamp.
Valid foreign passport with valid visa and I‐94 attached. (Note: passport must have an English translation)
A valid, unexpired Record of Arrival and Departure in valid foreign passport (I‐94 or I‐94A, with I‐94W attached). If status is F1, F2, M1 or M2, a valid SEVIS I‐20 will also be required. If status is J1 or J2, a valid DS‐2019 will be required.
Form I‐94 or I‐94A stamped with one of the following statuses: Asylee, Parolee or Parole, Refugee, Asylum, HP‐humanitarian parolee or PIP‐public interest parolee or with Canada as the place of origin.
Border Crossing Identification (I‐586)
Nonimmigrant Visa/Border Crossing Card (DSP‐150)
Canadian Immigration Record and Visa or Record of Landing (IMM 100)
A valid, unexpired Employment Authorization Card (I‐766)
A letter from the Tennessee Department of Health and Human Services on State letterhead showing a ward of the state’s name and date of birth.
American Dept. of Indian Affairs Tribal Card
Canadian Dept. of Indian Affairs issued ID card
A valid Job Corps Card containing name and date of birth
Marriage License/Certificate – must be the original or certified copy that is registered AFTER the marriage, not just the license authorizing the union.
Federal census record containing full name and date of birth (age)
Applicant’s own child’s birth certificate – must include the applicant/parent’s full name and date of birth not just ‘age’ of parent at time of child’s birth
Legal change of name (divorce, etc.), as recorded in court decree with judge’s original signature and/or official original court seal.
Any confirmation of date of birth in court of law, as records in court document(s) with judge’s original signature and/or official original court seal.
Proof of Residency
Present TWO original, current documents (within the last 90 days) with your name (or the name of your spouse with proof of relationship) and current Shelby County principal address as listed on your application.
A P.O. Box will not be accepted as proof of principal address. Proof of principal address must be from two different sources. If you are an adult child still residing with parents, and cannot
provide proof of principal address, parents or guardians’ principal address document will be accepted with proof of relationship.
Utility bill, landline telephone bill, cable bill, or credit card bill.
Account statement from a bank or other financial institution.
Valid Tennessee motor vehicle registration or title.
Tennessee voter registration.
Current paycheck/check stub or earnings statement, or work ID or badge, if applicant’s address is included.
Current life, health, auto or home insurance policy or card.
Mortgage, lease, rental agreement or receipt, including deed of sale for property. (Lease and rental agreements must include the landlord’s name and contact information.)
Current employer verification of residence address or letter from employer as long as it is on company letterhead with original signature. If employer does not have letterhead then signature of employer must be notarized.
Current Internal Revenue Service tax reporting W‐2 form within last 12 months.
Federal, state or local government documents, issued within the last 90 days such as receipts, licenses or assessments.
Statement or receipt for personal property or real estate taxes paid within past year.
Tennessee DMV 30‐day receipt.
Tennessee DMV Renewal Notice.
Current driver license/ID issued by the TN Dept. of Safety to a parent, legal guardian or spouse of applicant.
In case of a student enrolled in public or private school in this state, student may provide a photo student ID and acceptable documentation from the Dean or Bursar Office that the student lives on campus.
Magazines issued within the last 90 days.
Any envelope, box or postcard that has been sent indicating a postmark or stamped date within the last 90 days.
Valid hunting or fishing license.
Food stamp card/EBT (Electronic Benefits Transfer card), with address
Health clinic card, with address
Medicaid stub receipt, with address
1. Blank check or deposit slip as long as accompanied by another document from #1‐15 above.
Any valid license over 90 days old (nursing, law, teaching, hair, etc.) as long as accompanied by another document from #1‐15 above.
Any correspondence, receipt, invoice dated within the last 90 days as long as accompanied by another document from #1‐15 above.
Individual Taxpayer Identification Number (ITIN) issued by the IRS as long as accompanied by another document from #1‐15 above.
Form I‐94 issued to the applicant by the U.S. Citizenship and Immigration Service as long as accompanied by another document from #1‐15 above.
Employment Authorization card (I‐766) issued to the applicant by the U.S. Citizenship and Immigration Service as long as accompanied by another document from #1‐15 above.
1. I‐551 issued to the applicant by the U.S. Citizenship and Immigration Service as long as accompanied by another document from #1‐15 above.