A group of Republican lawmakers in the West Virginia Legislature is backing a bill that seeks to add photo IDs to cards used by low-income residents who qualify for government assistance to purchase food.
Backers argue that the primary goal of the bill, which passed a Senate committee on Thursday and still needs approval from another committee before reaching the full chamber, is to address fraud in the Supplemental Nutrition Assistance Program (SNAP). The proposal would require the state to issue new photo cards to program participants. As of June 2022, more than 317,000 West Virginia residents, out of approximately 1.8 million, were enrolled in SNAP.
"When one of these programs is defrauded, both the recipient of the benefits is harmed and the taxpayer is harmed," Republican Sen. Eric Tarr, the bill's sponsor and Senate Finance chairman, said during Thursday's meeting. Legislative staff said a projection of the cost of issuing new cards is still being made.
However, a state official alerted lawmakers and provided testimony, noting that he lacks the authority to enforce this measure without running afoul of federal anti-discrimination law.
State EBT Banking Services Director Jackie Hoppe explained that federal anti-discrimination legislation prohibits store owners from denying purchases to individuals who present a valid card and know the associated PIN. While states have the option to include photographs on ID cards, they are not allowed to delay or deny benefits to households whose members are unwilling to be photographed.
"Retailers cannot discriminate against anyone who presents an EBT card," Hoppe said. "If they present a viable card, you have to respect them," he added. Hoppe said the retailer has no choice but to accept a card that works with a PIN, whether the photo on the card is theirs or not.
Under current federal SNAP regulations, a family member or other household resident may use the SNAP card to make purchases, as long as they have the correct PIN. All household members enrolled in SNAP must have access to benefits, even if their names and photographs do not match the information on the card. If a state implements a photo ID rule, the federal government requires the state agency responsible for distributing benefits to establish new procedures to ensure that other household members can still use the card.
One option would be to provide photo cards to each individual in the household who can use the card. However, this could present a challenge and result in numerous replacements when some cards inevitably get lost, Hoppe noted. Currently, retailers are encouraged to report suspected fraud, and the state's EBT processor conducts periodic monitoring in collaboration with law enforcement. "We are aware of SNAP fraud and are working to raise awareness among our users about the importance of protecting their cards," Hoppe commented.
Despite concerns, lawmakers voted to move forward with the bill, although they made modifications to make it effective in the summer of 2025 instead of the summer of 2024, as originally drafted. Republican Senator Ryan Weld stated that this would provide the state more time to implement a photo ID policy in accordance with federal law. To be eligible for SNAP benefits in West Virginia, a family of four must have an annual household income of less than $39,000.