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
ACRU v. Clarke County, Miss — Consent Decree
ALEXANDRIA, VA (Nov. 30, 2015) - The (ACRU) has settled a federal lawsuit against the Clarke County, Mississippi Election Commission, marking the third time a Mississippi county has agreed by consent decree to clean up [...]
ACRU Asks Supreme Court to Stop Race-Based Registration and Election
ALEXANDRIA, VA (Nov. 24) --- An emergency injunction is needed to stop a race-based election now underway in Hawaii and ending Nov. 30, a brief filed today at the U.S. Supreme Court by the argues. "The government has been operating a brazenly racially based voter registration process," the brief states. Submitted on behalf of the ACRU by the Public Interest Legal Foundation (PILF), the brief in Akina, et al. v. State of Hawaii notes that this is the second time that Hawaii has conducted a racially exclusionary election. The last time, appeals courts did not have time to review the law thoroughly before the election took place. "The election of delegates [to the Office of Hawaiian Affairs] had occurred and tens of thousands of Hawaiian residents were denied the right to vote," the brief states. "This court must not let that happen again...." Eventually, the U.S. Supreme Court rejected Hawaii's justifications for having racially exclusive rolls and elections and declared that such ancestry tests violated the 15th Amendment, which bans racial tests by governments to register to vote and participate in the political process. The plaintiffs in this case, who are Hawaiian residents, are asking the Supreme Court to issue an injunction to halt the election until a full appellate review is conducted and thus prevent Hawaii from getting away with an unconstitutional voter registration test a second time.
Akina, et al. v. State of Hawaii
Hawaii’s Actions “Brazenly” Violate 15th Amendment, Brief States ALEXANDRIA, VA (Nov. 24, 2015) —- An emergency injunction is needed to stop a race-based election now underway in Hawaii and ending Nov. 30, a brief filed [...]
ACRU Sues Notorious Mississippi County
ALEXANDRIA, VA (Nov. 16, 2015) -- The on Thursday, Nov. 12, filed a lawsuit against a fourth Mississippi county for its corrupted voter registration rolls. This time, it was against Noxubee County, which has a long history of vote fraud and voter intimidation. As with the other three counties, voter rolls maintained by Noxubee contain more people registered to vote than citizens eligible to vote, according to the lawsuit, filed on ACRU's behalf by the Public Interest Legal Foundation. The complaint argues that Noxubee County's election commission is violating Section 8 of the National Voter Registration Act (NVRA). It was filed in the U.S. District Court for the Southern District of Mississippi, Northern Division. The ACRU's Mississippi legal campaign is having a demonstrative effect on other counties. New data show that since 2010, the number of counties with more registered voters than eligible residents has dropped considerably. In 2013, the ACRU won consent decrees in federal court for Walthall and Jefferson Davis counties to clean up their voter rolls. It was the first time in history that a private party had sued under the NVRA (better known as Motor Voter) and reached a consent decree to compel counties to clean up their voter rolls. In July, the ACRU sued Clarke County for having corrupt voter rolls. ACRU's review of databases revealed that as of 2015, more than 110 percent of Noxubee's voting-eligible citizens are registered. This strongly indicates the county has failed to purge the names of people who died, moved away or were convicted of disenfranchising felonies.
ACRU’s Complaint against Noxubee County, Mississippi
ALEXANDRIA, VA (Nov. 16, 2015) — The on Thursday, Nov. 12, filed a lawsuit against a fourth Mississippi county for its corrupted voter registration rolls. This time, it was against Noxubee County, which has a [...]
Federal Lawsuits Stay Alive over North Carolina Voter ID Law
WINSTON-SALEM, N.C. -- A federal judge has refused to dismiss portions of federal lawsuits challenging North Carolina's upcoming voter identification requirement, setting up a likely trial early next year. U.S. District Court Judge Thomas Schroeder denied the motion from attorneys for the state during a court hearing Oct. 18 in Winston-Salem. The state wrote that the voter ID claims filed in 2013 by civil rights groups, voters and the federal government are moot because the legislature eased the photo identification requirement that begins in 2016. The plaintiffs argued the modified voter ID mandate still threatens to burden black and Hispanic voters, who are less likely to have qualifying IDs. Photo ID is supposed to begin with the March 15 primary.