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
New Mexico Legislator Seeks New Voter ID Law
ALBUQUERQUE - A state legislator is pushing for voter identification requirements in New Mexico. Cities and state around the country have enacted voter ID legislation. It's required in Albuquerque during city elections, and people in Hobbs recently passed a similar law. "Anybody who's not voting accurately by who they say they are, that's too many," Republican Rep. James Smith told KRQE News 13. Smith filed a bill that would require voters to produce government-issued photo IDs with some exceptions. People who don't bring their ID could still vote if they gave a social security number and date of birth. Smith's proposal would change not only how you vote in person, but also by mail. "This bill covers absentee ballots as well, where you have to prove who you are over absentee ballots and if there is a place for voter fraud, it's more likely in the absentee or the registration than it is in in person voting," Smith said.
The Voter Suppression Myth Takes Another Hit
Federal lawsuits against North Carolina claim that recent changes to the state's election laws will "suppress" minority votes. For example, in N.C. State Conf. of NAACP v. McCrory, plaintiffs assert that the new laws "impose a disproportionate burden on the ability of African Americans to vote" and will "raise costs for voters and deter participation." They highlight testimony by a former director of the State Board of Elections who asserted that the laws will "ultimately reduc[e] turnout in comparison to comparable elections." Turnout data for the 2014 election, posted Dec. 10 on the state's Board of Elections website, tell a different story. Black turnout and registration for the November 2014 election increased by every relevant measure compared with November 2010, the last non-presidential general election. Last July, North Carolina adopted electoral reforms that eliminated same-day registration, reduced the number of days of early voting to 10 from 17, and required ballots to be cast in a voter's home precinct. It also instituted a voter-ID requirement that will take full effect in 2016. Two sets of plaintiffs, led by the NAACP and the League of Women Voters, sued in federal court on Aug. 12, 2013. They were followed a few weeks later by the Justice Department. Attorney General Eric Holder asserted that the state's new laws would restrict "access and ease of voter participation" and "would shrink, rather than expand, access to the franchise." All three suits alleged that the reforms will inflict "burdens" on North Carolina voters--and in particular, on minority voters. These allegations were backed by reams of expert reports submitted by social scientists predicting that these burdens would depress voter registration and turnout. One expert in the Justice Department lawsuit claimed that more than 200,000 black voters, along with 700,000 white voters, would be "burdened" in an off-year election. Another expert concluded that particular provisions "will lower turnout overall" and "will have a disparate impact on African-American voters." Those predictions were not borne out. The 2014 elections were the first test of the impact of North Carolina's new laws, including a "soft rollout" of its voter-ID requirement--under which poll workers asked voters if they had ID and if not, to acknowledge the new requirement in writing. Board of Elections data showed that the percentage of age-eligible, non-Hispanic black residents who turned out to vote in North Carolina rose to 41.1% in November 2014 from 38.5% in November 2010.
Pa. Legislator Seeks Again to Impeach State Attorney General
Rep. Daryl Metcalfe has renewed his call to impeach Pennsylvania Attorney General Kathleen Kane for what he called "blatant disregard and disrespect for the law." The Republican, who represents Butler County, had introduced a similar resolution last year after Kane refused to defend Pennsylvania's marriage law. That law was eventually overturned in the courts. On Monday, Metcalfe circulated a memo to his House colleagues seeking co-sponsors for a new resolution calling for Kane's impeachment. The memo comes after a difficult week for Kathleen Kane, in which a grand jury rejected her claims that charges against Philadelphia lawmakers who allegedly took bribes to oppose a voter ID law could not be pursued because the investigation was racially motivated. That presentment spurred public criticism from Philadelphia District Attorney Seth Williams and U.S. Rep. Robert Brady, chairman of the Philadelphia Democratic Party. An exerpt from Rep. Metcalfe's memo: "During the public hearing, testifier J. Christian Adams, Policy Board member of the , observed,'It is the obligation of the Attorney General to ignore the race, religion or partisan affiliation of wrongdoers in deciding whether to enforce the law.' Because the Attorney General raised the specter of racial targeting in announcing her decision not to continue the investigation, she has not met this obligation. In contrast, the outcome of DA Williams' efforts has, thus far, proven that such investigations can be successfully conducted without partisan or racial considerations. In recent comments on the investigation, Williams stated, 's an African American and as a law enforcement official, I was disgusted that the Attorney General would bring racism into this case.'"
Pennsylvania Legislator Was Paid to Oppose Voter ID Law, Grand Jury Alleges
PHILADELPHIA -- Pennsylvania State Rep. Ron Waters was charged Dec. 16 with allegedly accepting a $8,750 bribe to oppose a voter ID bill and take other official actions on behalf of an informant. Waters, D-191, and state Rep. Vanessa Brown, D-190, both of Philadelphia, each were charged with criminal conspiracy, bribery in official and political matters, conflict of interest and for failing to make required disclosures on statements of financial interest. Waters and Brown were among four state lawmakers caught in an undercover sting investigation that state Attorney General Kathleen Kane declined to prosecute, claiming the case was flawed. Williams later requested the case, which was submitted to an ongoing Philadelphia investigative grand jury. Waters, who represents Darby Borough and parts of Yeadon, allegedly accepted nine payments totalng $8,750 from an informant between Oct. 22, 2010, and April 20, 2012, according to the findings of an investigative grand jury.
New Hampshire Secretary of State Warns of Potential Vote Fraud
New Hampshire Secretary of State Bill Gardner told WMUR that the state's same-day voter registration poses a threat to the integrity of the process. About 35,000 people registered and voted on Nov. 4. No ID was required, just a signature. Rep. Sharon Carson (R-Nashua), who is introducing legislation to impose a 30-day residency requirement, said, "We have a problem with drive-by voting."
Kansas Sec. State: Election Showed Voter ID Did Not Suppress Turnout
HUTCHINSON -- Secretary of State Kris Kobach boasted that 51 percent voter turnout in November 2014 showed that requirements to prevent voter fraud actually can improve turnout. Speaking Dec. 2 at the Patriot Freedom Alliance meeting in Hutchinson, Kobach pointed out that participation in the midterm general election in November 2010 - prior to the new voter rules - was 50 percent. Kobach successfully sought legislation to require voter photo identification, to add security for mail ballots, and to mandate proof of citizenship for new voters. Critics charged the law would suppress voter turnout. "The argument is dead," Kobach said. Kobach's selection of 2010 as a benchmark made 51 percent appear good. He didn't mention, though, the 52 percent turnout rate in the 2006 midterm, or the 53 percent turnout in 2002. He selected 2010 for comparison, he told the audience, because the election circumstances in 2010 were "extremely similar to this year," with interesting races. The country had an unpopular president in 2010 - President Obama - and Kansas had an open race for governor and the U.S. Senate on the ballot, Kobach said. In 2010, Kansans had a "very competitive" race for governor, and a "very competitive" Senate race, especially in the August 2010 primary but in the general election as well, Kobach said.