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
Appeals Court Upholds Texas Voter ID Law
The U.S. Court of Appeals for the Fifth Circuit on Tuesday afternoon gave the state of Texas permission to enforce its strict voter ID law, finding that a federal judge's ruling last week barring the use of that law "substantially disrupts the election process . . . just nine days before early voting begins...next Monday." The three-judge panel commented that the Supreme Court "has repeatedly instructed courts to carefully consider the importance of preserving the status quo on the eve of an election." That was a controlling reason, it said, for permitting the law to govern voting in the remaining days before the November 4 election. Opponents on Tuesday immediately filed an application to the U.S. Supreme Court to block the law.
Courts Strike Down Wisconsin, Texas Voter ID Laws
The U.S. Supreme Court late Thursday blocked Wisconsin from enforcing its strict voter identification law in November's election. By a 6-3 vote, the justices granted an emergency appeal from civil rights lawyers, who argued it was too late to put the rule into effect this year. Lawyers for the ACLU noted that the state had already sent out thousands of absentee ballots without mentioning the need for voters to return a copy of their photo identification. At nearly the same time, a federal judge in Texas struck down that state's new voter ID law on the grounds that it violated the constitutional right to vote and discriminated against racial minorities. Texas Atty. Gen. Gregg Abbott said the state would appeal. The Wisconsin and Texas cases were the two most closely watched tests of new voter rules this year. In both states, Republican-led legislatures sought to tighten the rules for voting and to require all registered voters who did not have a driver's license to obtain a photo ID card at a state motor vehicles office.
Appeals Court Upholds Wisconsin Voter ID Law
MADISON, Wis. - A federal appeals court ruled Monday that Wisconsin's requirement that voters show photo identification at the polls is constitutional, a decision that is not surprising after the court last month allowed for the law to be implemented while it considered the case. State elections officials are preparing for the photo ID law to be in effect for the Nov. 4 election, even as opponents continue their legal fight. The American Civil Liberties Union and the Advancement Project asked the U.S. Supreme Court last week to take emergency action and block the law. Opponents argue that requiring voters to show photo ID, a requirement that had, until recently, been on hold since a low-turnout February 2012 primary, will create chaos and confusion at the polls. But supporters say most people already have a valid ID and, if they don't, there is time to get one before the election. The opinion from the 7th U.S. Circuit Court of Appeals comes a month before the election involving the closely watched race between Republican Gov. Scott Walker, who supports the law, and Democratic challenger Mary Burke. A lower court judge, U.S. District Judge Lynn Adelman, struck the law down as unconstitutional in April, saying it unfairly burdens poor and minority voters who may lack such identification. Republican Attorney General J.B. Van Hollen asked the 7th Circuit to overturn that ruling.
O’Keefe Releases Second Sting Video of Battleground Texas
HOUSTON, Texas -- Battleground Texas (BGTX) may have failed to take any action regarding the "admission" of an undercover volunteer with BGTX that she had broken multiple election laws, according to a new video investigation by journalist James O'Keefe's organization Project Veritas. The allegations come on the heels of sting earlier this year that busted BGTX, a group attempting to turn Texas blue, for illegally copying voters' personal data for campaign purposes.
Federal Court Overturns Part of NC Voting Reforms
A federal appeals court granted a temporary order on Wednesday that will allow same-day registration and provisional ballots in this fall's North Carolina elections, but refused to intervene on changes that shortened the early voting period. The 4th Circuit Court of Appeals heard arguments in Charlotte last Thursday in the case that came after the Republican-led N.C. General Assembly passed a series of changes in 2013. Supporters say the measures are intended to strengthen the integrity of elections. Those who sued to overturn the laws say the changes are unfair because they disproportionately hurt young voters and minorities. Wednesday's ruling means voters can register and vote on the same day during the in-person early voting period, Oct. 23-Nov. 1. The temporary order also allows voters to cast ballots even if they show up at the wrong precinct. All three of the judges who heard the arguments last week were appointed to the 4th Circuit Court of Appeals by Democratic presidents.
Georgia Secretary of State Probing Possible Vote Fraud
Georgia Secretary of State Brian Kemp (R) said Tuesday his office was investigating allegations of voter fraud by a group led by the state's Democratic House minority leader that it believes may have forged voter registration documents and signatures and filled out voter applications with false information. Kemp said in a memo obtained by WSBTV that his office has received complaints about the group in five counties in northern Georgia outside Atlanta -- Barow, Butts, DeKalb, Gwinnett, Henry, and Muscogee -- and sent subpoenas to the New Georgia Project and Third Sector Development, its parent organization, led by Georgia Rep. Stacey Abrams (D). "We're just not going to put up with fraud," Kemp told WSBTV. "I mean, we have zero tolerance for that in Georgia, so we've opened an investigation and served some subpoenas."