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
ACRU: Voter ID Opponents Try End Run Around Court’s Shelby Ruling
ALEXANDRIA, VA (June 20, 2016) --- Opponents of North Carolina's voter photo ID law wrongly sought to use an illegal interpretation of the Voting Rights Act to attack North Carolina's election integrity law, the (ACRU) argues in a brief filed on June 16 at the Fourth U.S. Circuit Court of Appeals. Regarding North Carolina State Conference of the NAACP, et al. v. Patrick L. McCrory, et al., the brief, notes that a U.S. District Court rightly rejected the plaintiffs' claim that the law violates Section 2 of the Voting Rights Act. In 2013, in Shelby County v. Holder, the U.S. Supreme Court struck down Section 5 of the Voting Rights Act, which had required Southern states and other jurisdictions to obtain preclearance from a D.C.-based court panel or from the U.S. Justice Department for any changes in districting or voting laws. The Court said the requirement was based on obsolete data and was no longer necessary, but left intact Section 2, which empowers the federal government to address discriminatory voting conditions in the states. In the current case, the plaintiff attempted to make a purely statistical case of disparate impact that the law discriminates against minorities. The plaintiffs sought to use hair-trigger standards to strike down state laws that the Supreme Court invalidated in Shelby County. "The appropriate standard is one that looks to the totality of the circumstances, as expressed in Section 2, and does not use statistical disparities between groups of voters to establish liability," the ACRU brief says. The District Court's ruling upholding the law "is consistent with traditional Section 2 jurisprudence, does not conflict with Shelby County, and preserves the constitutional balance between states and the federal government," the brief states. "The opponents of common-sense voter ID laws are attempting an end run around the Supreme Court," said Susan A. Carleson, Chairman/CEO of the ACRU. "The District Court got it right, and we are confident that North Carolina's law will stand in the appeals process."
Voter ID Laws Balance Risk of Fraud, Barring People from Polls
Voter ID laws are now active in 33 of the 50 U.S. states, covering about 60 percent of the population. Since President Barack Obama was elected in 2008, 11 states have enacted identification requirements for voting. The rules in those states range from strictly asking for photo IDs such as a driver's license to simpler documents such as a paycheck. Proponents say the laws prevent voter fraud and give the public more confidence in the process. "Voter ID can prevent and deter impersonation fraud, voting under fictitious voter registrations, double voting by individuals registered in more than one state, and voting by illegal aliens," Don Palmer, a former election official in Virginia and Florida, wrote in a Heritage Foundation report. Palmer argued that those who oppose the laws exaggerate the number of people who are affected, and that those assertions inhibit the national debate
Oregon Registers Thousands Under New ‘Motor Voter’ Law
PORTLAND -- Roughly 68,500 Oregonians have been automatically registered to vote under the state's new "motor voter" law, according to the Associated Press. That's an average 13,700 new voters a month through May, a big jump from the 2,000 per month Oregon typically saw before the automatic voter registration system kicked in Jan. 1. The program automatically registers people to vote when they apply for or renew a driver's license or state ID card, and on Friday state elections officials began rolling out its second and final phase. Phase two involves mailing registration paperwork to another 145,000 residents who interacted with the motor vehicle department in the two years before motor voter went into effect.
Group Asks Judge to Bar North Dakota Voter ID Law
FARGO -- A federal judge has been asked to temporarily block the enforcement of North Dakota's Voter Identification Law. The request was filed by attorneys who represent members of the Turtle Mountain Band of Chippewa. Earlier this year, they filed a lawsuit that claims North Dakota's voter ID requirements ''disproportionately burden and disenfranchise Native Americans.'' Court documents say an injunction would restore the right to cast ballots by signing an affidavit, or by a poll worker's personal knowledge of a voter's eligibility. Attorneys want the injunction to remain in force until the lawsuit is settled. North Dakota is the only state without voter registration. State law requires a driver's license, or tribal identification cards.
North Carolina State Conference of the NAACP, et al. v. Patrick L. McCrory, et al.
ALEXANDRIA, VA (June 20, 2016) —- Opponents of North Carolina’s voter photo ID law wrongly sought to use an illegal interpretation of the Voting Rights Act to attack North Carolina’s election integrity law, the (ACRU) [...]
Ohio to Invite New Voters, Purge Dead Voters from Rolls
COLUMBUS -- More than 1.5 million Ohioans who are eligible to vote but haven't registered will get an invitation in August to join the voter rolls and thousands who have died or moved out of state will be dropped, under a new partnership between the Ohio Secretary of State and a national non-profit organization. Secretary of State Jon Husted predicted on Tuesday that the total number of registered voters will climb beyond the current 7.6 million and the records will be more accurate as Ohio -- once again -- undergoes the added scrutiny of being a crucial swing state in a hotly contested presidential election. "Our goal has always been to make it easy to vote and hard to cheat in Ohio," Husted said. Ohio will join 18 states and the District of Columbia participating in the Electronic Registration Information Center, a national non-profit formed in June 2012 to focus on maintaining accurate voter registration records. It is funded by the Pew Center for the States. ERIC states cross check voter files against Social Security death records, driver's license and vehicle registration records and other databases. Pew is awarding Ohio a $400,000 grant to cover most of the cost of sending notice about the easiest path to register to an estimated 1.5 million to 2.25 million Ohioans who are eligible but not yet registered.