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

Arizona Argues Its Case at Supreme Court

Arizona Attorney General Thomas C. Horne told the Supreme Court on Monday that states carry the "burden" of determining voter eligibility and they can demand residents prove their citizenship before registering to vote. Conservative-leaning Justice Antonin Scalia seemed to agree with Arizona, saying a sworn oath of citizenship "is not proof at all." Arizona and its supporters -- including other states with plans for similar laws -- say a signature isn't enough to combat voter fraud. And they argue the federal voting-rights law doesn't say that states can't impose additional citizenship requirements.

Supreme Court Hears Arizona Voter ID Case

With the fate of a crucial provision of the Voting Rights Act hanging in the balance, the Supreme Court hears another case challenging the right of a state to put in place new voting requirements Monday. At stake in the case--Arizona v. Inter Tribal Council of Arizona, Inc.-- is whether or not an Arizona law requiring Arizonans to show proof of citizenship at the voting booth will be upheld.

Arizona v. Inter Tribal Council of Arizona

Arizona voters passed a law in 2004 "to combat voter fraud by requiring voters to present proof of citizenship when they register to vote and to present identification when they vote on election day." The [...]

Iowa Photo ID Bill Moves Out of House Committee

DES MOINES (AP) -- House Republicans moved forward on Feb. 28 with a proposal that would require Iowa voters to show photo identification at polling places. Lawmakers in the House State Government Committee approved the legislation in a 12-8 vote split along party lines. The measure is backed by Secretary of State Matt Schultz, who has filed identical bills in the House and Senate.

Tennessee Supreme Court Hears Voter ID Case

Tennessee's Supreme Court was asked Feb. 6 to decide whether the state's voter ID law deprives people of the right to vote or if it's a necessary safeguard to prevent election fraud. And in a related issue, the court must determine whether a city-issued library card with a photo can be used as identification to vote.