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
Virginia Voter Photo ID Law Challenged in Court
A Virginia law requiring voters to show photo identification went on trial in federal court on Feb. 22, challenged by Democratic Party activists who allege it throws up barriers to voting by minorities and the poor. Lawyers defending the 2013 Virginia law said it prevented voter fraud. The trial in U.S. District Court is one of several voting rights legal battles as Democrats and Republicans square off before November's presidential and congressional elections. The Democratic Party of Virginia and two party activists are suing the Virginia State Board of Elections and want Judge Henry Hudson to strike down the law. Attorney Bruce Spiva, representing those challenging the measure, said the photo ID law was an effort to hamper the Democratic Party in the state. It creates "irrational hoops that people have to jump through" and has a "disproportional impact on people of color," Spiva said. Mark Hearne, an independent counsel for the state attorney general, dismissed the allegations. "It is impossible to show a suppressive effect on minorities from the photo ID law," Hearne said. He added the law was an effort to protect against voter fraud.
Zavala County Mayor Resigns After Arrest, Recall Petition Certified
CRYSTAL CITY -- A South Texas mayor under a federal corruption indictment resigned from office on Friday after a recall petition was certified and he was arrested over a disturbance that disrupted a city council meeting. In a letter of resignation submitted to the city clerk, Ricardo Lopez said his departure would take effect Friday afternoon. "I appreciate the opportunities I have been given to be mayor of Crystal City. I wish all the citizens of Crystal City success in the future," his letter stated. Lopez and two city council members are named in a federal public corruption indictment returned earlier this month. Another council member has been charged with human trafficking. Crystal City is the county seat of Zavala County, which in January 2015 entered into a federal court consent decree with the to clean up its voter rolls. The county had more than 100 percent of its age-eligible residents registered to vote. Lopez was led from a city council meeting in handcuffs late Tuesday night after an apparent scuffle ended the gathering in pandemonium. The meeting, which was to schedule a recall election for him and two council members, ended prematurely after the mayor's arrest cost the panel a quorum. He was released from the Zavala County Jail the next day after posting a $12,000 bond. However, the rest of the Tuesday council meeting was postponed until Wednesday, then was canceled when Lopez didn't attend and the group again lacked a quorum. Upon his release from jail, Lopez told reporters that he would attend no more council meetings.
Judge Won’t Suspend Alabama Voter Photo ID Law
MONTGOMERY (AP) A federal judge will not suspend Alabama's photo voter identification requirement in the upcoming elections. U.S. District Court Judge L. Scott Coogler Wednesday denied Wednesday a preliminary injunction sought by groups that challenged the law requiring voters to present photo identification. The groups had asked the judge to expand the state's alternative identification process so people without photo identification can vote if they present certain documents or identification. Coogler said he would not use a backdoor method to effectively do away with the photo identification requirement that took effect in 2014. Coogler also said plaintiffs offered no convincing reason why obtaining a valid photo ID is an undue burden.
West Virginia House Approves Voter ID Bill
CHARLESTON, W.Va. (AP) - The West Virginia House has approved a proposal to require voters to show ID at the polls. With a 64-34 vote Friday, the House sent the bill to the Senate. The bill would require a state or federally issued ID featuring a name and photo, ranging from driver's licenses to valid in-state high school IDs. The requirements would be effective January 2018. Voters could also produce Medicare or Social Security cards without photos. The ID can be six months expired on Election Day. Instead of presenting ID, a voter could be accompanied to the polls by an adult who has known the voter at least six months, including poll workers. They would sign affidavits and show IDs with their name, address and photo. Otherwise, voters would cast provisional ballots.
Voter ID in Wisconsin Primary ‘Pretty ‘Simple’
LA CROSSE, Wis. (WKBT) - The Wisconsin Government Accountability Board estimated 10 percent of registered voters in Wisconsin cast a ballot in the Spring Primary Election on Tuesday. At the 7th District polling location in [...]
Congressman Seeks to Add Florida to National Voter Database
U.S. Rep. Ted Deutch is calling on Florida election officials to participate in a national database aimed at preventing voter fraud -- amid reports that more than two dozen people possibly voted twice in the 2014 general election. The West Boca Democrat penned a letter to Florida Secretary of State Ken Detzner on Tuesday, urging him to sign up for the Electronic Registration Information Center, a database used by 15 states and the District of Columbia. Deutch says the system known as ERIC would improve the accuracy of voter rolls by allowing Florida to compare its list of voters with other states' at a minimal cost of $50,000. "We have a record when it comes to our elections that is obviously not one we are terribly proud of," he said. "I can't understand why we wouldn't join an effort with a nationwide database that can combat problems of people being registered to vote in two states." Deutch's calls come after election supervisors in Broward and Palm Beach counties launched probes in January into reports of as many as 32 people voting twice in the 2014 general election -- once in Florida and once in their home state up North. It's a felony to vote in the same federal election twice.