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

How Two New Court Rulings Are Impacting the November Election

The same week that Republicans were formally nominating their 2016 presidential candidate in Cleveland, two different courts issued decisions, one positive and one negative, that may affect the security and integrity of the November election in Virginia and Texas.

A Great Win for Election Integrity

By Hans von Spakovsky (June 30) Yesterday was a great day for election integrity and everyone (other than the Obama administration and its political allies) who wants to make sure non-citizens don't illegally vote in our elections. Federal district-court judge Richard Leon issued an order Wednesday refusing to grant the injunction sought by the League of Women Voters (and the U.S. Justice Department to its everlasting shame) against the U.S. Election Assistance Commission (EAC) in litigation over a state requirement that individuals registering to vote provide proof of citizenship. As I previously explained to readers of The Corner in February, several well-funded groups including the League and the NAACP filed a lawsuit trying to reverse a decision by the EAC granting the requests of Kansas, Georgia, and Alabama to modify the instructions on the federal voter registration form. The modification would notify residents of those states that they have to provide proof of citizenship if they use the federal form to register to vote. The U.S. Justice Department, which is charged with defending federal agencies when they are sued, tried instead to throw the case. It came into court, to Judge Leon's great surprise, attempting to concede the case and agreeing to the temporary restraining order and preliminary injunction the plaintiffs wanted. Commissioner Christy McCormick, the chairwoman of the EAC, was so concerned over the Justice Department's misbehavior and potentially unethical conduct, that she sent a letter to Leon asking for permission to get outside counsel to represent the EAC. She expressed her "grave concerns regarding the potential conflict of interest and failure of the Department of justice to provide" the EAC with proper representation. DOJ later requested (and got) a protective order sealing her deposition, which apparently included discussions of DOJ's potentially improper behavior and prior involvement in EAC decision-making. Makes you wonder what DOJ wants to hide. In February, Leon denied the request for a temporary restraining order. Yesterday in a 25-page opinion, he also denied the request for a preliminary injunction -- the same injunction the Justice Department wanted to agree to when it tried to lose the case. Leon held that the plaintiffs had not proved they will suffer an irreparable harm from this change in instructions on the federal registration form. He obviously did not put much stock in their claim that this would damage them because their voter registration drives would be less successful and require more effort on their part to educate the public about the fact that you have to be a citizen to register to vote. But as Leon said, "let's be candid; doing so pales in comparison to explaining to the average citizen how the ACA or tax code works!"

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