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
Federal Judge Upholds North Carolina Voter ID Law
RALEIGH -- A federal judge has upheld North Carolina's voter ID law in a ruling posted Monday evening. U.S. District Judge Thomas Schroeder issued a 485-page ruling dismissing all claims in the challenge to the state's sweeping 2013 election law overhaul. Schroeder, a George W. Bush appointee, also upheld portions of the 2013 law that reduced the number of days people could vote early, eliminated same-day registration and voting and prohibited people from casting a ballot outside their precinct. The decision comes nearly three months after a trial on the ID portion of the law. Schroeder noted that North Carolina had "become progressive nationally" by permitting absentee voting, early voting for 17 days before the Election Day, a lengthy registration period, out-of-precinct voting on Election Day and a pre-registration program for 16-year-olds. "In 2013, North Carolina retrenched," Schroeder said in his opinion. Ultimately, though, Schroeder said the state had provided "legitimate state interests" in making the changes and the challengers failed to demonstrate that the law was unconstitutional. "This ruling further affirms that requiring a photo ID in order to vote is not only common sense, it's constitutional," Gov. Pat McCrory said in a statement. "Common practices like boarding an airplane and purchasing Sudafed require photo ID, and thankfully a federal court has ensured our citizens will have the same protection for their basic right to vote." In reaching the decision released on Monday, Schroeder conducted a two-part trial that spanned more than 21 days in July and this past January. He considered the testimony of 21 expert witnesses and 112 other witnesses, and more than 25,000 pages that are part of the record.
Alaska Legislators Approve Voter Information Sharing
The Alaska House has approved a bill calling for the state to share voter information with other states in an effort to deter voter fraud. Representatives voted 36-3 Saturday afternoon to approve Senate Bill 9, one of many items of legislation considered by the Alaska House and Alaska Senate on the 89th day of the Legislative session. The Electronic Registration Information Center is a project of several states and supported by the Pew Charitable Trusts. As of December 2015, 15 states participated in the information-sharing program, including Republican-leaning ones like Alabama and Democratic-leaning ones like Oregon. "ERIC is a proven model that works," said Rep. Dan Saddler, R-Eagle River and the bill's prime sponsor in the House. Rep. Sam Kito III, D-Juneau, spoke up in support. In a speech on the House floor, he explained how one Juneau woman, attending college Outside, was encouraged to register to vote at the college when she couldn't remember if she had previously registered in Alaska. "By registering again, she lost her eligibility for her Permanent Fund Dividend," Kito said. "It's important for us to be able to share information with other states."
Texas Defends Voter ID Law at Supreme Court
Arguing that its five-year-old law requiring voters to have a photo ID before they may cast a ballot will not deny anyone in Texas the right to vote, state officials urged the Supreme Court on Monday afternoon to allow the law to remain in effect while a federal appeals court conducts a new review of it. If federal voting rights law would treat the requirement as illegal, the federal law would be unconstitutional under the Fifteenth Amendment, the state contended.
Supreme Court: Count Illegals in Legislative Districting
A unanimous Supreme Court ruled Monday that illegal immigrants and other noncitizens can be counted when states draw their legislative districts, shooting down a challenge by Texas residents who said their own voting power was being diluted. The ruling does not grant noncitizens the power to vote, but says the principle of one person, one vote doesn't require localities to only count those who are actually eligible to vote when they are deciding how many people to put inside of each district. Justice Ruth Bader Ginsburg, writing for the court, said even though only eligible voters are supposed to cast ballots, elected officials represent all people within their districts, and it is that act of representation, not the election itself, that the boundaries are drawn to.
West Virginia May Permit Auto Voter Signup
CHARLESTON (AP) - A push to automatically sign up voters that began with new laws in Oregon and California will soon likely hit a third, notably less liberal state - West Virginia. The proposed change has taken a less-than-conventional route to the governor's desk. After condemning a Republican voter ID bill as the "voter suppression act," Democrats offered an amendment to include automatic registration when people get driver's licenses or IDs. The Republican-led Legislature accepted it without much resistance. The reception was much cooler on the West Coast - only one Republican in California and none in Oregon voted for similar automatic registration setups. And in New Jersey, Republican Gov. Chris Christie vetoed a similar proposal cleared by Democrats last year. But West Virginia's Republican Senate president had only positive things to say. "If managed properly, automatic registration is a great benefit to our citizens and will encourage more people to go to the polls," said Senate President Bill Cole, R-Mercer.
Court Date Set for Texas Voter ID Law
A May 24th court date has been set to re-hear the case surrounding the Texas Voter ID law. In August, the 5th Circuit Court of Appeal ruled the law violates part of the Voting Rights Acts. However a majority of the full, 15-member court wants to reconsider the case. The voter ID law requires millions of registered voters to show a picture ID at the polls.