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

Missouri Lawmakers Pass Voter Photo ID Bill

JEFFERSON CITY • A measure laying out photo ID requirements at the ballot box won final passage in the Missouri Legislature on May 11. The bill still needs either Gov. Jay Nixon's signature or, if he vetoes the bill, a successful veto override in the Legislature. It would take effect only if voters approve to a change to the state constitution. A separate resolution putting the proposed constitutional change on the ballot this year is awaiting approval in the Senate. Both pieces of legislation advanced out of the House early in the legislative session, but they had been stalled in the Senate until last week. Democrats launched filibusters every time the bill came up but agreed to stop stalling a vote in exchange for compromise language. With the Wednesday action, the House approved the Senate language. Under the compromise, anyone who shows up to the polls without an ID can sign a form attesting they are who they say they are and recognizing that photo ID requirements are the law. The state would also pay for photo IDs and any birth certificate needed to obtain them. Voters who don't sign the form could cast a provisional ballot, which would count if they can prove their identity.

Swing State Voters Support Voter ID

Voters in swing states Florida, Ohio, and Pennsylvania are strongly in favor of requiring photo identification in order to vote, a Quinnipiac poll revealed Tuesday. Potential voters in Florida were most supportive of voter ID laws, with 77 percent supporting and 20 percent opposing voter ID requirements. Among likely Democratic voters in the Sunshine State, 60 percent supported voter ID laws while 36 percent opposed the laws. Support for voter ID laws in Ohio was almost as pronounced. Seventy-five percent of potential voters in Ohio favored photo ID requirements while only 22 percent opposed the laws. Democratic voters were more evenly split, with 50 percent supporting and 48 percent opposing voter ID laws. "Ohioans ... are overwhelmingly in favor of requiring a photo ID for anyone wanting to vote," said Peter Brown, assistant director of the Quinnipiac poll. Opinions on voter ID laws in Pennsylvania were more split than the other two states, but supporters of voter ID laws still outnumbered opponents by 30 percentage points, with 64 percent supporting and 34 percent opposing the laws.

Wisconsin Democrats Ask U.S. Justice Dept. to Oppose Voter ID Law

Wisconsin's Democratic congressional delegation urged the U.S. Department of Justice on Monday to consider a legal challenge to the state's voter ID law or joining ongoing litigation against it. The letter to U.S. Attorney General Loretta Lynch cites reports of long lines at polling places in Wisconsin's April 5 primary -- the first high-turnout statewide election in which the state's voter ID requirement was in place. It also points to reports of "troubling statements by individuals closely connected to the state Legislature's consideration of the law indicating that its passage may have been motivated, at least in part, by a desire to reduce youth and minority participation in elections." The latter may be a reference to two recent public statements -- the first coming from Republican Congressman Glenn Grothman, who said the Republican presidential nominee has a chance to win Wisconsin this year because "photo ID is going to make a little bit of a difference." The other came from former state Senate GOP staffer Todd Allbaugh, who recounted sitting in on closed-door meetings of Republican lawmakers during the voter ID debate in 2011 in which he said "a handful of GOP senators were giddy about the ramifications and literally singled out the prospects of suppressing minority and college voters." At least one Republican lawmaker who participated in those meetings, Sen. Van Wanggaard, denied any recollection of hearing such comments. The letter to Lynch was signed by U.S. Sen. Tammy Baldwin of Madison and U.S. Reps. Ron Kind of La Crosse, Gwen Moore of Milwaukee and Mark Pocan of Black Earth.

Missouri Senate Reaches Voter ID Compromise

FACED with a filibuster as the Missouri legislative session winds down, state senators struck a deal Monday that will allow them to proceed with a voter identification plan to be decided by voters. State Sen. Will Kraus, R-Lee's Summit, said "a good compromise" is making it possible to pass his proposal before the Legislature adjourns May 13. Kraus and fellow Republicans want voters to decide the fate of a constitutional amendment requiring that voters show a photo ID at polling places to protect against election fraud. Democrats have generally opposed the bill, saying it would "disenfranchise voters" with low incomes, the elderly, the homeless and minority communities. For nearly a month, it appeared the bill would stall. Democrats launched a filibuster. They read stories from newspapers, recited election results, and read passages from a book. Off the Senate floor, Democrats said they wanted some type of safety net so that qualified voters would not be turned away from the polls. Kraus and other supporters eventually agreed to allow people without photo IDs to cast ballots if they present a paycheck, utility bill or a similar confirmation of their names and addresses. Those voters also would sign paperwork confirming that they lack photo IDs, triggering perjury charges if fraudulent statements are made. State Sen. Jason Holsman, D-Kansas City, still opposes photo IDs but welcomed what he called "earnest and sincere" negotiations to find a compromise. The Missouri House still must act and could bypass Gov. Jay Nixon to have a statewide vote later this year. If the measure becomes law, Missouri would join 17 other states that require a photo ID to vote, according to the nonpartisan National Conference of ?State Legislatures.

Election Fraud Feared as Hackers Target Voter Records

A series of data breaches overseas are spurring concerns that hackers could manipulate elections in the United States. Since December, hundreds of millions of voters in the U.S., the Philippines, Turkey and Mexico have had their data discovered on the web in unprotected form. In some instances, legitimate security researchers found the information, but in others, malicious hackers are suspected of pilfering the data for criminal purposes. The data breaches are raising questions as the U.S. considers whether to move toward electronic balloting. More people than ever are using the internet to register to vote and to request mail-in ballots. Some states have even become vote-by-mail only in recent years. "If you can't keep the voter registration records safe, what makes you think you can keep the votes safe?" asked Pamela Smith, president of election watchdog Verified Voting. For a politically inclined hacker, insecure voter data could "very easily" create a pathway to "massive" voter fraud, said Joseph Kiniry, CEO of Free & Fair, which advocates for secure digital election systems.

Supreme Court Refuses to Block Texas Voter ID Law — for Now

The Supreme Court on Friday rejected an emergency appeal to stop Texas from enforcing its challenged voter ID law. But the court said it could revisit the issue as the November elections approach. The law has been in effect for recent elections, even after a trial judge struck it down in 2014 and an appellate panel found last year that the law had a discriminatory effect on minority voters. The challengers in the ongoing lawsuit argue there is no reason to allow the requirement to show picture identification at the polls to remain in place. But justices rejected the plea in a brief order Friday. The full New Orleans-based appeals court will hold a new hearing on the Texas law in May. The high court said that it is aware of "the time constraints the parties confront in light of the scheduled elections." If the full appeals court has not issued a ruling by July 20, the court said, it would entertain a renewed emergency appeal over the voter ID law. Texas Attorney General Ken Paxton called the identification requirement a "common-sense law to provide simple protections to the integrity of our elections and the democratic process in our state." He said the state looked forward to defending the law in the appeals court next month.