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

Illinois Governor Eyes Automatic Voter Registration Bill

SPRINGFIELD Illinois lawmakers in both houses have endorsed automatic voter registration. The measure approved 86-30 by the House on May 31 would provide automatic registration for would-be voters visiting certain state agencies, according to the Associated Press: Each person would have a chance to opt out at some point. Senate approval of House changes sent it to Gov. Bruce Rauner, who expressed support but wants to see legislative language. "Supporters say it could expand the franchise to 2 million people. Republicans fear a ploy to gin up Democratic voters. People visiting the Department on Aging or the departments of Human Services, Healthcare and Family Services, Employment Security and the Secretary of State's office could register."

Four Connecticut Republicans Oppose Automatic Voter Registration

HARTFORD -- An agreement between Secretary of the State Denise Merrill and Department of Motor Vehicle Commissioner Michael Byzdra to develop an automatic voter registration system is an unnecessary and expensive proposition. That was the message from four Republican lawmakers who held a press conference in late May at the Legislative Office Building in Hartford to criticize the decision. In response to the U.S. Department of Justice's threat to sue Connecticut for not complying with the National Voter Registration Act of 1993, Merrill and Byzdra inked an agreement to come up with an automatic voter registration system for drivers to use at the DMV when they renew their license. Sen. Michael McLachlan, R-Danbury, said the current paper process has no new implementation costs. It involves making sure drivers are given voter registration cards by an employee at the counter and that those cards are mailed to their respective towns. The memorandum of understanding between Merrill and Byzdra sets forth a two-year process for coming up with an automated way for drivers to register to vote at the DMV.

Kobach Predicts Chaos if Court Order Stands in Kansas Case

DENVER -- Kansas Secretary of State Kris Kobach contends massive voter confusion will occur if an appeals court doesn't block a lower court's order to register thousands of state residents for November's presidential election. Kobach made the prediction in a document he filed with the 10th U.S. Circuit Court of Appeals. The dispute centers on residents who submit voter registration forms at Division of Motor Vehicles offices and don't provide proof of citizenship. A 2011 state law requires newly registering voters to provide proof of citizenship. A preliminary injunction issued May 17 by U.S. District Judge Julie Robinson prohibits election officials from enforcing the proof of citizenship requirement for residents who register at DMV offices. Robinson's order will take effect Tuesday if the Denver-based appeals court doesn't block it by issuing a stay. Kobach requested a stay in the document he filed May 28. Attorneys for the League of Women Voters and American Civil Liberties Union on Wednesday opposed Kobach's request. The dispute involves whether about 18,000 residents will be allowed to vote, court filings state. Early voting for the primary election begins July 13.

Virginia Assembly Republicans Sue Governor over Felon Voting

Virginia Republicans on Monday asked the state's highest court to block more than 200,000 felons from voting in November, arguing that Democratic Gov. Terry McAuliffe abused his power by restoring the voting rights of thousands of convicts who've completed their sentences. In a lawsuit GOP leaders filed in the Virginia Supreme Court, they say McAuliffe violated the separation of powers by effectively suspending the state's ban on voting by felons. They say McAuliffe is ignoring decades of practice, which has made clear that governors can restore voting rights only on a case-by-case basis. "Gov. McAuliffe's executive order defines the plain text of the Constitution, flouts the separation of powers, and has no precedent in the annals of Virginia history. The governor simply may not, with the stroke of the pen, unilaterally suspend and amend the Constitution," their lawyers wrote in the suit. The lawsuit is being brought by House Speaker William Howell and Senate Majority Leader Thomas Norment along with four other Virginia voters. They're asking the justices to prohibit election officials from registering felons and to cancel all such registrations since April 22. As of last week, election officials said nearly 4,000 felons had signed up to vote, media outlets reported.

Judge Rules against Kansas Proof of Citizenship to Vote

WICHITA - A federal judge said Tuesday that Kansas can't require people to show proof of U.S. citizenship when registering to vote for federal elections at motor vehicle offices. U.S. District Judge Julie Robinson ruled that the state's proof-of-citizenship requirements likely violate a provision in the National Voter Registration Act that requires only "minimal information" to determine a voter's eligibility. She ordered Kansas to register thousands of voters whose paperwork is on hold because they did not comply with the requirement. But she put her preliminary injunction on hold until May 31 to give the state a chance to appeal. The state immediately said it would appeal. Unless a higher court halts Robinson's order before the end of the month, it would take effect then, clearing the way for those residents to cast a ballot in the upcoming federal elections.

Poll: Most Voters Support Voter ID Laws

Election Law Blog -- (Quinnipiac poll) Florida voters support 77 - 20 percent, including 60 - 36 percent among Democrats, requiring voters to show photo ID. [Ohio] Voters support 75 - 22 percent requiring voters to show photo ID. Democrats are divided with 50 percent in favor of photo ID and 48 percent opposed. [Pennsylvania] Voters support 64 - 34 percent requiring voters to show photo ID. Support is 94 - 6 percent among Republicans and 63 - 35 percent among independent voters. Democrats are opposed 56 - 40 percent.