(6) a valid United States military identification card; or (7) an employee identification card for retired state employees. Tenn. Code Ann. § 2-7-112(c)(1) through (7). Several categories of voters are exempted from the requirement of providing evidence of identification, including any voter who is “indigent and unable to obtain proof of identification without payment of a fee or who has a religious objection to being photographed,”
. § 2-7-112(f); voters who are eligible to cast an absentee ballot,
. § 2-6-201 (2003 and Supp. 2012) (amended 2013); voters unable to vote in person because of being hospitalized within 20 days of an election,
§ 2-6-401(a)(1), (D) (2003); and voters who are full time nursing home residents at a licensed nursing home,
. § 2-6-601 (2003 and supp. 2012). A person who attempts to vote but is unable to produce evidence of identification or is not exempted from the Act is permitted to cast a provisional ballot, which will be counted if the voter presents valid proof of identification by the close of business on the second day after the election.
. § 2-7-112(c). A voter who is indigent or who has a religious objection to being photographed is required to execute an affidavit that the person is the same individual who is casting the ballot and is indigent or has a religious objection before being allowed to vote.
. § 2-7-112(f). Identification cards issued by a county or municipality are not evidence of identification for voting.
. § 2-7-112(g). Plaintiff states its claims for relief in five counts. In Count I, plaintiff alleges that the purpose of requiring voters to provide photo identification as a condition of in-person voting is to reduce/prevent voter fraud and that Tennessee has no empirical evidence of either in-person voter impersonation, that the Act will reduce such impersonation, any prior proven case of voter impersonation fraud, or that the requirements of the Act are necessary to achieve the objectives and purposes of the Act. While the photographic identification requirements of Tennessee Code
Case 2:13-cv-00224-JRG-DHI Document 18 Filed 02/20/14 Page 3 of 26 PageID #: 181