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

North Carolina Voter Law Trial Gets Underway

RALEIGH, N.C. - Changes to North Carolina's voting access rules finally went to trial this week. A judge ultimately will determine whether Republican legislators illegally diminished the opportunity for minorities to participate in the political process or acted to protect election integrity. The U.S. Justice Department, voting and civil rights groups and individuals sued soon after the General Assembly approved an elections overhaul law in summer 2013. After interim arguments reached the U.S. Supreme Court last fall, the trial began Monday and is expected to last two to three weeks addresses the crux of the allegations. Attorneys representing those who sued contend the restrictions violate the federal Voting Rights Act and the U.S. Constitution by throwing up large electoral obstacles to minority voters historically subjected to racial bias and should be thrown out. Attorneys for the state and Republican Gov. Pat McCrory, who signed the law, say there's no evidence the law will diminish the ability of black citizens to elect who they want representing them. None of the restrictions are barred by the Constitution, according to a brief previewing their case, and black voter participation increased during the 2014 elections -- when changes were first implemented -- compared to the 2010 elections.

FBI Investigating Vote Fraud in Rio Grande Valley of Texas

National Public Radio -- A new FBI anti-corruption task force is trying to clean up the Rio Grande Valley of Texas. According to the Justice Department, in 2013, more public officials were convicted for corruption in South Texas than in any other region of the country. One of the practices the task force is looking at is vote-stealing. They're called politiqueras -- a word unique to the border that means campaign worker. It's a time-honored tradition down in the land of grapefruit orchards and Border Patrol checkpoints. If a local candidate needs dependable votes, he or she goes to a politiquera. In recent years, losing candidates in local elections began to challenge vote harvesting by politiqueras in the Rio Grande Valley, and they shared their investigations with authorities. After the 2012 election cycle, the Justice Department and the Texas attorney general's office filed charges. "Yes, there is a concern in which the politiqueras are being paid to then go and essentially round up voters and have them vote a certain way," says James Sturgis, assistant U.S. attorney in McAllen. In the town of Donna, five politiqueras pleaded guilty to election fraud. Voters were bribed with cigarettes, beer or dime bags of cocaine. In neighboring Cameron County, nine politiqueras were charged with manipulating mail-in ballots.

Evidence Lacking in Charge that Voter ID Laws Reduce Turnout

Hillary Rodham Clinton and her Democratic allies are shining a bright light on voter ID laws and other perceived roadblocks to the ballot box, yet drawing a straight line from laws designed to crack down on fraud to low turnout in a single contest is notably difficult, analysts say, and data on the most recent elections tend to lag behind the fast-moving debate. Individual contests, the amount of time and money spent on each campaign and the weather can be major factors in how many people show up at the polls on Election Day, clouding a debate that has roiled courts and kicked up dust among progressives who say minorities and the poor have been disenfranchised. Many analysts point to a Government Accountability Office study that found turnout dropped by roughly 2 percent in Kansas and Tennessee from the 2008 to the 2012 contests, compared with states that didn't change their voter ID laws. Yet analysts say the record of impartial studies is limited, and researchers are still breaking down November's midterm contests.

Nevada Conservatives Irked at GOP Legislators for Not Passing Voter ID

WASHINGTON -- Nevada conservatives are disheartened that another attempt to pass a voter identification measure out of the legislature failed this session, even though the GOP has full control of the state government for the first time since 1929. Many expected Nevada to join the list of states that require people to show a government-issued ID in order to vote. Texas, where the GOP also is in control, passed a voter ID law in 2011, but is currently bogged down in litigation over its law's intent and impact. Republican legislators had tried to pass a Nevada voter ID bill in previous sessions, but had more muscle on their side this time, with majorities in both chambers of the state legislature. Republican Gov. Brian Sandoval had previously said he would support a voter ID law, though he refused this year to take a stance before any proposal reached his desk. But, as the session closed June 1, bills in the Senate and Assembly hadn't gotten out of committee, leaving Democrats feeling gleeful and conservatives glum. The repeated defeat of voter ID bills in Nevada comes in contrast to states like North Carolina. A large package of voting rights restrictions, including a strict photo ID bill, was passed swiftly in that state in 2013 after Republicans gained control of both the governorship and legislature for the first time in more than 100 years. A challenge to that law will be heard in court next month.

Soros to Spend $5 Million to Attack Voter ID Laws

Billionaire investor George Soros has committed $5 million to aid to fight voter ID laws and other legislation in several key states that Democrats argue keeps voters away from the polls. Attorney Marc Elias, who also represents Hillary Clinton's presidential campaign, talked with Soros in January 2014 about supporting planned federal lawsuits for that year and the 2016 election aimed at overturning voter ID laws, according to the New York Times. "We hope to see these unfair laws, which often disproportionately affect the most vulnerable in our society, repealed," Soros told the Times. The Hungarian-born billionaire, a generous donor to liberal causes, is currently writing lawsuits in Ohio, Wisconsin and North Carolina.