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

Fix Sought for Texas Voter ID Law Before Fall Elections

AUSTIN -- The Obama administration and several civil rights groups are urging a federal appeals court to fast-track the process of temporarily fixing Texas' voter ID law in time for the Nov. 3 elections. In court filings Thursday, the Justice Department and civil rights groups asked the 5th U.S. Circuit Court of Appeals to allow a lower court to immediately start working on an interim remedy to the law passed in 2011 by the state's Republican-led Legislature. A three-judge panel at the 5th Circuit ruled in part earlier this month that Texas' strict voter ID measure violates Section 2 of the Voting Rights Act. The 5th Circuit bounced a portion of the case back to a federal court in Corpus Christi and instructed it to correct the law ahead of the upcoming elections while the rest of the case works through the courts. The 5th Circuit noted the lower court should craft a remedy that would "avoid election eve uncertainties and emergencies." However, the 5th Circuit is set to retain jurisdiction of the case until Sept. 28. The Justice Department and the civil rights groups argue that timeline might not allow for an interim solution to be put in place across the state for early voting, which starts Oct. 19. They've asked the 5th Circuit to allow the federal court in Corpus Christi to come up with a fix earlier.

Justice Department May Try to Settle ID Part of Voter Law Suit

Charlotte --The U.S. Justice Department and others suing over North Carolina's 2013 election overhaul are looking to settle one part of their case: voter ID. Republican state lawmakers watered down the ID provision this summer, just before a federal trial on the overhaul began. Now there's a list of acceptable excuses for not having an ID, including lack of transportation or disability. So the Justice Department, the League of Women Voters and other plaintiffs are finalizing a settlement offer for that part of the case.

How the Latest Federal Court Ruling Affects Texas’ Voter ID Law

AUSTIN, Texas (AP) - A federal appeals court declared that Texas' strict 2011 voter ID law has a "discriminatory effect" on minorities and violates the Voting Rights Act. But the three-judge panel's unanimous, 49-page decision also overturned a lower court's previous assertion that the law amounted to an unconstitutional "poll tax." Here's a closer look at the Wednesday ruling, the law and where the case stands now.

Evenwel v. Abbott

The Supreme Court has an opportunity to determine whether only citizens get a political voice in America. WASHINGTON, D.C. (August 5, 2015) —- In a brief submitted today at the U.S. Supreme Court, the ACRU [...]

Group Files Lawsuit against County over Voter Rolls

The has filed a federal lawsuit against Clarke County claiming the county has more voters on its rolls than living citizens of voting age. The lawsuit was filed Monday in U.S. District Court in Mississippi against the Clarke County Election Commission. The lawsuit says: "Voter rolls maintained by the Defendant for Clarke County contain more voters registered to vote than citizens eligible to vote. In March 2015... Clarke County, Mississippi had 12,646 registered voters, despite having a voting age population of only 12,549 according to the United States Census. More than 100 percent of living citizens old enough to vote were registered to vote in Clarke County in 2015." The lawsuit alleges that the Election Commission has failed to provide required maintenance of the county's voting rolls. Clarke County Circuit Clerk Beth Jordan said the county is in the process, along with the Board of Supervisors attorney, of working with the ACRU to address voter rolls problems or concerns.

Mississippi Circuit Clerk Charged with Vote Fraud

NEW ALBANY, Miss. (AP) -- The Mississippi Attorney General's office has arrested a veteran Union County deputy circuit clerk, accused of trying to influence voters. A newspaper reports Rhonda Wilhite Dowdy, of New Albany, was arrested Monday on one count of voter fraud. Rachael Ring, a spokeswoman for Attorney General Jim Hood, confirmed the arrest Thursday. Dowdy has worked for the Union County Circuit Clerk's office since August 1987. Ring says Dowdy is accused of changing the address of non-resident voters to make it appear they live in the county in exchange for their vote for a specific candidate. Ring could not release which candidate or whether the candidate knew of Dowdy's alleged actions