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
Wisconsin Supreme Court Upholds Voter ID Law
The Wisconsin Supreme Court has upheld a 2011 law backed by Republicans requiring voters to show photo identification at the polls. The rulings in two separate voter ID cases were released Thursday morning among several major decisions issued simultaneously. The law already was ruled unconstitutional by a federal court judge in Milwaukee this spring, meaning that Thursday's rulings have no immediate effect. That federal court decision is under appeal. For the law to take effect, both the state Supreme Court and the federal courts would have to find it to be constitutional. In April, U.S. District Judge Lynn struck down the law, saying it violates the federal Voting Rights Act and the U.S. Constitution. Gov. Scott Walker praised Thursday's rulings and said he was confident voter ID would ultimately be upheld in federal court. "Voter ID is a common-sense reform that protects the integrity of our elections," Walker said. "People need to have confidence in our electoral process and to know their vote has been properly counted. We look forward to the same result from the federal court of appeals."
Court to Hear Texas Voter ID Case
In early September, a court in Corpus Christi begins a trial that should decide whether the current law requiring Texas voters to show government-issued photo identification before casting a ballot is constitutional. As it has happened with cases over redistricting, the Texas voter ID fight is expected to get national attention because two years ago a three-judge federal court in Washington ruled the 2011 legislation unconstitutional.
Justice Department to Intervene in Ohio, Wisconsin Voting Law Cases
The Obama administration plans to join lawsuits against Republican-backed voting restrictions in Ohio and Wisconsin -- two major swing states, Attorney General Eric Holder has said. The moves would represent the first time that Holder's Justice Department has intervened against statewide voting laws outside the areas that the Supreme Court freed from federal oversight in last year's Shelby County v. Holder ruling. They underline the administration's intention to aggressively protect voting rights across the country, not only in the mostly southern jurisdictions directly affected by Shelby. Earlier this year, Ohio's Republican legislature passed laws that cut six days from the early voting period and ended same-day registration, among other restrictions. Secretary of State Jon Husted then announced that there would be no early voting on Sundays or on week-day evenings. A federal judge recently restored early voting on the last three days before the election, but the other cuts remain in force. They're being challenged by the ACLU and other civil rights groups, which allege that they disproportionately affect non-white voters. A brief filed recently by the laws' challengers uses detailed voting records to establish that blacks are far likelier than whites to take advantage of early voting. In 2012, 20% of blacks did so, compared to just 6% of whites. Wisconsin's strict voter ID law was recently struck down by a federal judge, who ruled that it discriminated against black voters. But the state has appealed the ruling, and the litigation is ongoing.
Study on North Carolina Voter ID Law Shows Increase in Minority Turnout
If there was a hidden agenda behind North Carolina's voter ID law to suppress minority turnout - as the law's opponents claim - it hasn't worked, based on a study showing not only more voters overall, but an increase in black voter turnout especially, after the law's implementation. The findings came before a scheduled hearing next week where the U.S. Justice Department will ask a U.S. District Court for an injunction against the law going into the November midterms. The Obama administration has argued that such a law will make it more difficult for minorities to vote. Comparing May 4, 2010 North Carolina primary election data with the May 14, 2014 primary data, the study found that voter turnout increased across the board, but particularly among black voters, where it increased by 29.5 percent, compared to an increase of white voter turnout of 13.7 percent. The findings were based on Census Bureau data and public names who signed the voter rolls. Judicial Watch, a conservative watchdog group, commissioned the study and included the findings in an amicus brief for the July 7 hearing. Judicial Watch was joined in its legal brief by the Allied Educational Foundation and by former Buncombe County commissioner candidate Christina Kelley Gallegos-Merrill.
Mississippi Election Rolls Under Scrutiny in Primary
According to a pair of advocacy organizations for free and fair elections, Tuesday's U.S. Senate GOP runoff in Mississippi might not meet that ideal. The has sent warning letters to five Mississippi counties -- Clarke, Humphreys, LeFlore, Madison and Noxubee -- to purge their voter rolls of ineligible voters or face federal court action. The ACRU found, using state voter data and the most current U.S. Census numbers, that all five had more registered voters than voting-age eligible residents. This is a violation of both state and federal law. The counties have 90 days to comply with the order. Christian Adams, the ACRU attorney who is monitoring Tuesday's election results, said the findings are a serious threat to free and fair elections in the state. "When you've got more people than you've got people alive, there's a problem with the rolls and they need to get them cleaned up," Adams said. "Unfortunately, year after year, there's a failure to keep the rolls maintained correctly. Federal law and frankly, Mississippi law, requires they purge their rolls. It's not an option."
Wisconsin Man Charged with Multiple Counts of Vote Fraud
In one of the biggest cases of voter fraud ever in Wisconsin, a Milwaukee area health insurance executive has been charged with casting multiple votes for Republican candidates -- including Gov. Scott Walker in the 2012 recall election. Robert Monroe of Shorewood was charged Friday with 13 felonies related to his voting a dozen times in five elections between 2011 and 2012, using his own name along with his son's and his girlfriend's son. https://host.madison.com/ct/news/local/writers/mike_ivey/voter-fraud-case-targets-scott-walker-backer/article_7afa077e-faf2-11e3-b655-0019bb2963f4.html