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
ACLU Sues Kansas over Proof-of-Citizenship Voting Law
KANSAS CITY, Mo. -- Tens of thousands of people in Kansas are being deprived of their right to vote, the American Civil Liberties Union argued in a lawsuit filed on Feb. 18 that challenged a state law requiring residents to show proof of citizenship when they register to vote. The suit is the latest to take direct aim at a three-year-old measure ushered into law by Secretary of State Kris W. Kobach, who has lobbied heavily over the years for measures that he said were needed to prevent non-citizens from casting ballots. The ACLU, arguing that fraud claims were unfounded, brought the class-action suit in federal court on behalf of six Kansas residents who said they were left off the voter rolls after registering at the state's Department of Motor Vehicles. Passed by its Republican-dominated legislature five years ago, the law requires residents to show proof of citizenship when they register.
Court to Hear Appeal of Ruling Striking Down Texas Voter ID Law
AUSTIN -- The full 5th U.S. Circuit Court of Appeals will to hear arguments on the constitutionality of the Texas voter identification law, the court said late Wednesday. The move, in response to a request by Texas Attorney General Ken Paxton, is the latest step in a case that seems destined for the U.S. Supreme Court. Last year, a panel of three judges on the appeals court issued a complicated ruling that largely was applauded by the plaintiffs in the case -- which include several civil rights groups and U.S. Rep. Marc Veasey, D-Fort Worth -- when it said the state's voter ID law violates the U.S. Voting Rights Act through its discriminatory effects. The panel affirmed a portion of a ruling by U.S. District Court Judge Nelva Gonzales Ramos of Corpus Christi, rejected another piece of it and sent other portions back to the lower court for further review. Later that month, Paxton asked the whole court to rehear the case, Veasey v. Abbott. In its order Wednesday, the court didn't specify a date to hear the case. Paxton responded Wednesday by saying the order "is a strong step forward" in the state's defense of the law. "Safeguarding the integrity of our elections is a primary function of state government and is essential to preserving our democratic process," he said in a statement. "We look forward to presenting our case before the full Fifth Circuit." Chad Dunn, an attorney for the lead plaintiff, said he looks forward to presenting the case. "So far, seven federal judges have already struck down Texas' voter photo identification law because it is the most complicated, discriminatory and burdensome such law in the country," he said.
Voter ID Age Dawns in North Carolina
Raleigh -- After years of debate and lawsuits, showing photo identification at the polls is now a fact of life for North Carolina voters. Early voting for the March 15 primary started Thursday across the state, and every voter is being asked for a photo ID, even if they've voted at the same precinct for years and the poll workers know them. "The check-in official is going to be responsible for looking for reasonable resemblance, and the only thing they're looking at is the photo on the ID - does the photo reasonably resemble the person?" said Kim Strach, director of the State Board of Elections.
No Voters Denied Due to Photo ID Law, former Virginia Officials Testify
Several former state and local election officials testified in federal court that they were not aware of any eligible voter who has been denied the right to cast a ballot because of Virginia's photo voter ID requirement enacted in 2013. "None," said Cameron Quinn, a former state elections official who from 2011 until last year was the general registrar for Fairfax County, testifying on March 1 in the sixth day of a trial before U.S. District Judge Henry E. Hudson in a lawsuit filed by the Democratic Party of Virginia and two voters challenging the state law. Fairfax is the state's largest jurisdiction and has 700,000 registered voters. Justin Riemer, a former member of the Virginia State Board of Elections and Donald Palmer, the former secretary of the board, also testified that they were not aware of anyone unable to vote because of the photo requirement.
ACRU’s Complaint against Starr County, Texas
ALEXANDRIA, VA (March 7, 2016) —- The (ACRU) is suing Starr County over inflated voter rolls. In a complaint filed on March 4 in the U.S. District Court for the Southern Division of Texas, McAllen [...]
West Virginia Voter ID Bill Goes to Senate
The West Virginia Senate is taking up a bill that the House of Delegates passed that would require voters to present identification at the polls before voting. Lead sponsor Delegate Patrick Lane, R-Kanawha, said 33 states have some form of voter ID law on the books that vary in what form of identification voters are required to produce. West Virginia falls somewhere in the middle of the spectrum, with what Lane called a "non-strict photo ID" bill that would accept several different forms of identification as proof of identity. Under the bill, which passed the House on Feb. 17, a voter would be able to produce a state drivers license, drivers license from another state, non-driver's state ID card, passport, photo student ID card or a photo ID from an employer as proof of identity. The bill would also provide for voters to present a non-photo Social Security card, Medicare or Medicaid card. Lane said virtually any eligible voter in the state should be able to come up with one of the forms of identification included in the bill. But if they can't, they would still be able to vote a provisional ballot under the proposed legislation. Lane also said a voter would be able to bring someone who has known him or her for at least six months to the polls to vouch that the voter is who he or she purports to be. House Democrats, however, spoke out against the bill, which they claimed is an attempt to suppress minority voters.