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
Tough Kansas Voter ID Laws Trigger Lawsuits
TOPEKA, Kan. (AP) - Secretary of State Kris Kobach's successful push to require new Kansas voters to document their U.S. citizenship has spawned three lawsuits, including one he pursued against a federal agency in trying to enforce the policy. Kansas is one of only four states that make new voters show a birth certificate, passport or other citizenship papers. The Kansas requirement took effect in 2013, and Kobach has directed county election officials to cancel more than 31,000 incomplete registrations, most from people who've failed to comply with the requirement.
ACLU Loses Bid to Expand Wisconsin Voter IDs
A federal district court on Tuesday refused to expand the kinds of identification voters can use, rejecting the arguments made by a special interest group that aimed to make voting easier for students, veterans and people with out-of-state driver's licenses. The American Civil Liberties Union (ACLU) filed a lawsuit against Wisconsin's voter ID law earlier this year, claiming the law was unconstitutional due to its limitations. The ACLU asked the court Oct. 5 to expand the law to include IDs for veterans, IDs for technical college students and out-of-state driver's licenses. They argued the law arbitrarily excluded those classes of people. District Judge Lynn Adelman rejected the ACLU's arguments in his decision. Adelman explained that a line must be drawn between acceptable and unacceptable forms of ID, otherwise the state would have to create and maintain an infinite list. Adelman believed the logistics of expanding the list of acceptable forms of ID could hinder the state's capability of administering the law, but also conceded the state could have added veteran's IDs to the list. "To be sure, Wisconsin probably could have included veteran's ID on the list ... without significantly increasing its administrative burden," Adelman said in his opinion. "However ... the state had to draw the line between acceptable and unacceptable forms of ID somewhere."
Nevada GOP Activist Files for Voter ID Ballot Measure Petition
CARSON CITY - Conservative activist Sharron Angle wants Nevada voters to decide whether to abolish the state health insurance exchange and require photo identification at the polls. The Republican former assemblywoman and former U.S. Senate candidate filed two petitions last week with the Nevada Secretary of State. Proponents would need to gather more than 55,000 signatures from all over the state to get either measure on the 2016 ballot. Each would need to pass two consecutive elections to become a constitutional amendment. One proposes banning the exchange created as part of President Barack Obama's health care overhaul. The other proposes requiring proof of identity before casting a vote, and requiring the government to issue ID cards to those without one.
ACLU Moves to Strike Down Kansas Citizenship Voting Rule
The American Civil Liberties Union and Secretary of State Kris Kobach jockeyed for legal advantage Friday in a court case challenging Kobach's implementation of the state's voter proof-of-citizenship law. Representing Kansas voters who can cast ballots in federal races, but not state and local elections, the ACLU filed a motion for summary judgment that would strike down Kobach's two-tier voting system without a trial. Nearly simultaneously, Kobach filed a motion that would allow him to immediately appeal a judge's ruling that he overstepped his authority by dividing voters into two voting camps, those who registered using a state form and those who registered using a federal form. The case is important because it could let people work around a state law - authored by Kobach - that requires prospective registrants to show documents proving their citizenship before they are granted voting privileges. The proof-of-citizenship requirement is separate from the requirement that voters have to show photo ID when they cast a ballot. While a driver's license is sufficient for Election Day voter ID, the state's voter-registration form requires a higher level of documentation. That can usually be met only with a birth certificate, passport, or special papers issued to foreign-born and tribal citizens. The federal registration form accepts a sworn statement from the voter, signed under penalty of perjury, as proof of citizenship. At Kobach's direction, only voters who can document proof of citizenship are allowed to vote in all federal, state and local elections. Voters who register with the federal form without providing their citizenship papers are only allowed to vote in federal races for president and members of Congress.
Texas Seeks Full Court Rehearing on Voter ID Law
Texas has asked the full bench of the U.S. Court of Appeals for the Fifth Circuit to rehear civil rights plaintiffs' case against the state's voter ID law after a three-judge panel from the same court ruled that the law discriminates. Because the state's request for a rehearing is pending, and since Texas may also seek a hearing at the U.S. Supreme Court, the Fifth Circuit in a Sept. 2 order rejected civil rights plaintiffs' proposals to have the litigation remanded to the trial court, where a judge could have ordered Texas to immediately start changing how it identifies voters. "We will get those decisions pretty quickly," Rolando Rios, of San Antonio's Law Office of Rolando L. Rios, said about the rulings on the en banc Fifth Circuit and Supreme Court hearings. Rios represents the Texas Association of Hispanic County Judges and County Commissioners, which is an intervening plaintiff in the litigation. But the U.S. Department of Justice, which has sided with the civil rights plaintiffs in the litigation, wants to avoid any wait for Texas to redo its voter ID procedures. To that end, the DOJ also filed on Sept. 2 a motion requesting that the Fifth Circuit enter an injunction directing Texas to accept as sufficient valid voter registration certificates from voters who lack the specific list of documentation required under the law SB-14, which the Fifth Circuit's three-judge panel struck down. Passed in 2011, SB-14 requires voters to show specific government-issued photo identifications. Among the identifications the law allows voters to show: driver's licenses, concealed handgun licenses, U.S. military identifications, U.S. passports or other U.S. citizenship certificates.
Vote Fraud Convictions in Alabama City Spur Call for Resignation
Three Dothan city commissioners are calling for the resignation of District 2 Commissioner Amos Newsome after a third worker from Newsome's most recent commission campaign was convicted of voter fraud. District 1 Commissioner Kevin Dorsey, District 4 Commissioner John Ferguson and District 5 Commissioner Beth Kenward told the Dothan Eagle on Friday that Newsome's presence on the commission could lead to a lack of confidence from voters toward the commission as a whole. Olivia Reynolds, who assisted Newsome's commission campaign in 2013, was convicted this week on 24 counts of felony absentee voter fraud. Lesa Coleman was convicted in April on seven counts of felony absentee voter fraud. Janice Hart pleaded guilty to several counts of misdemeanor absentee voter fraud earlier this year. Three voter fraud charges remain pending against another person, Daniel Webster III.