Voter ID

Requiring voters to prove they are who they say they are in order to cast a ballot is a simple, common-sense measure that helps ensure honest elections.

Opponents of photo ID falsely charge that such requirements discriminate against poor and minority voters. Each time this claim has been used in the courts, plaintiffs have failed to produce evidence of any individual who was actually denied the right to vote for lack of a photo ID. Despite this fact, and that all demographic groups including African-Americans support voter ID laws, accusations of Jim Crow, the racist system that disenfranchised Southern blacks for generations, continue to be hurled with abandon.

The Supreme Court has stated that because voter ID is free, the inconveniences of going to the Bureau of Motor Vehicles, gathering applicable documents, or posing for a photograph are not substantial burdens on most voters’ right to vote. Nor do they represent a significant increase over the usual burdens of voting — registering or driving to a polling place. If people show up without an ID, they can cast a provisional ballot and bring in their ID later.

The Supreme Court found that the interests in requiring voter ID are unquestionably relevant in protecting the integrity and reliability of the electoral process as part of a nationwide effort to improve and modernize election procedures criticized as antiquated and inefficient.

In Crawford v. Marion County Election Board (2008), the Supreme Court also noted the particular interest in preventing voter fraud in response to the problem of voter registration rolls with a large number of names of persons who are either deceased or no longer live in Indiana. While the trial record contained no evidence that “in-person voter impersonation at polling places had actually occurred in Indiana, such fraud had occurred in other parts of the country, and Indiana’s own experience with voter fraud in a 2003 mayoral primary demonstrates a real risk that voter fraud could affect a close election’s outcome.”

The Supreme Court noted that there was no question that the state had a legitimate and important interest in counting only eligible voters’ ballots. Lastly the Court noted that the state interest in protecting public confidence in elections also has independent importance because such voter confidence encourages citizen participation in the democratic process.

Using a photo ID for voting is a central recommendation from the bipartisan Commission on Federal Election Reform, headed by former President Jimmy Carter and former Secretary of State James Baker. Here’s what the commission’s official report says:

“A good registration list will ensure that citizens are only registered in one place, but election officials still need to make sure that the person arriving at a polling site is the same one that is named on the registration list. In the old days and in small towns where everyone knows each other, voters did not need to identify themselves. But in the United States, where 40 million people move each year, and in urban areas where some people do not even know the people living in their own apartment building let alone their precinct, some form of identification is needed.”

The electoral system cannot inspire public confidence if no safeguards exist to deter or detect fraud or to confirm the identity of voters. Photo IDs currently are needed to board a plane, enter federal buildings, and cash a check. Voting is equally important.”

ACRU Commentary

News

Judge Blocks North Dakota’s Voter ID Law

BISMARCK, N.D. -- A federal judge on Monday (Aug. 1) blocked North Dakota's voter identification law after a group of American Indians said it unfairly burdens them -- the latest court ruling against voting laws [...]

Court Strikes Down North Carolina Voter ID Law

A federal appeals court struck down North Carolina's voter ID law on Friday (July 29), finding that a series of provisions approved by lawmakers in 2013 were "enacted with racially discriminatory intent." Among the voter [...]

Court Orders Changes to Texas Voter ID Law

AUSTIN -- A federal appeals court ruled on July 20 that Texas' strict voter ID law violates the Voting Rights Act and ordered changes before the November election. The ruling from the 5th U.S. Circuit [...]

ACLU Sues Kansas over Registration Rules

WICHITA -- The American Civil Liberties Union filed a class-action lawsuit on July 19 seeking to block a Kansas election rule that could throw out thousands of votes in state and local races by people [...]

Voter ID Ads Begin Running in Wisconsin

July 18, 2016 -- Ads have hit TV and radio airwaves in Wisconsin informing the public about the state's requirement to show a photo ID to vote. The administrator of the new state elections commission, [...]

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Registering Voters at the DMV? What Could Go Wrong?

The 2014 Connecticut governor's race was decided by about 30,000 votes statewide. Four years earlier, the contest was decided by just about 6,000 votes. So it's a concern for state Rep. Arthur O'Neill, a Republican, that the Connecticut Department of Motor Vehicles--which recently misidentified more than 50,000 people for having unpaid taxes on their vehicles--will be in charge of voter registration. "If you misidentify 30,000 voters, that's more than enough to swing an election," O'Neill, deputy minority leader of the Connecticut House, told The Daily Signal in a phone interview. "As time goes by, and [the state] see[s] the difficulties and dangers of this, I hope they will at least postpone it," O'Neill said. "The DMV is still coping with regular duties of registering cars and issuing driver's licenses, which has been a catastrophe." The DMV has faced severe computer problems that have led to the tax mistakes, but also identifying vehicles and vehicle owners as living in the wrong town. Connecticut is changing its voting registration system largely in response to the Obama administration's threat to sue over what it calls the state's "widespread noncompliance" with the federal Motor Voter Act.