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

List of Voter Fraud Cases Keeps Growing

The Heritage Foundation's list of nearly 300 documented cases of voter fraud in the United States continues to grow. Recent additions reveal that voter fraud is not just an individual or isolated crime; in some counties and communities, election fraud is almost a way of life. These additions again reinforce the need for measures such as voter ID laws and procedures designed to verify the accuracy of voter registration information are needed to prevent these crimes in the first place. Take East Chicago, Ind., for example, a town made infamous by the extensive voter fraud that occurred there in the 2003 Democratic mayoral primary election. The Daily Signal is the multimedia news organization of The Heritage Foundation. We'll respect your inbox and keep you informed. The fraud was so pervasive that the Indiana Supreme Court overturned the results of the primary and ordered a new special election that resulted in a different winner. A local judge found "direct, competent, and convincing evidence" that supporters of the election's apparent victor, incumbent Mayor Robert Pastrick, orchestrated an elaborate scheme of absentee ballot fraud.

Evenwel v. Abbott

The Supreme Court has an opportunity to determine whether only citizens get a political voice in America. WASHINGTON, D.C. (August 5, 2015) —- In a brief submitted today at the U.S. Supreme Court, the ACRU [...]

Election Reform in North Carolina and the Myth of Voter Suppression

By Hans von Spakovsky In 2013, North Carolina passed omnibus electoral reform legislation that, among other provisions, eliminated same-day registration, required that qualified persons who desire to vote in an election must register to vote no later than 25 days before Election Day, reduced the number of early voting days from 17 to 10, and created a voter ID requirement. Although opponents of this bill predicted that such reforms would disenfranchise minority voters and significantly suppress voter turnout, turnout actually increased. African-American voter turnout increased by almost 30 percent and Caucasian voter turnout increased by approximately 15 percent. Clearly, these changes did not suppress voter turnout.

Revisiting the Lessons from the Voter ID Experience in Texas: 2015

By Hans von Spakovsky Critics of the Texas voter identification law claim that a voter ID requirement suppresses voter turnout. However, turnout data from elections held with the voter ID law in place show that there is no evidence whatsoever that this requirement has prevented Texans from turning out to vote. In fact, turnout increased during the 2013 state elections--despite the enactment of the new voter ID requirement. Likewise, during the 2014 midterm elections--a contest that saw voter participation plummet across the U.S.--turnout in Texas declined at a smaller rate than the national average and a smaller rate than the rates in 12 states that have no ID requirement.

Symposium: Does “one person, one vote” really mean what it says?

By Hans von Spakovsky in Scotusblog Evenwel v. Abbott may wind up being the most important voting case in sixty years. Its political ramifications could rival those of Reynolds v. Sims, the 1964 case that established the principle of "one person, one vote" under the Equal Protection Clause of the Fourteenth Amendment. The key question in Evenwel is what population does that principle require legislatures to use when they are redrawing legislative districts? Prior to Reynolds, states like Alabama and Tennessee had refused to redistrict for more than half a century, despite a dramatic, nationwide population shift from rural to urban areas. These state legislatures were dominated by rural legislators, who were not willing to reapportion and lose their power and control. Under the principle established in Reynolds, districts have to be drawn "on a basis that will insure, as far as is practicable, that equal numbers of voters can vote for proportionally equal numbers of officials." Within two years of the Reynolds decision, legislative districts had been redrawn in almost every state, and urban areas gained a substantial number of legislative seats. Today, lawmakers from urban areas dominate many state legislatures because of the huge influx of non-citizens, both legal and illegal, into predominantly urban settings. This greatly increases the population of non-voters who can be and are used to fill in urban legislative districts. If the Court rules for the plaintiffs, there could be a similar loss of clout by urban areas that rural districts experienced after Reynolds. In this case, Sue Evenwel and Edward Pfenninger are contesting the state senate districts drawn by the Texas legislature in 2013. The legislature used total population in determining whether the population of each senate district met equal protection requirements. Evenwel, a registered voter in Senate District 1, and Pfenninger, a registered voter in Senate District 4, filed suit because both the number of citizens of voting age and the number of registered voters in these two districts deviate substantially - between thirty-one and forty-nine percent - from the "ideal" population of a Texas senate district.

No Vote Fraud? Here Are Five Cases in 2015

By Hans von Spakovsky (ACRU Policy Board member) and Brandon Johnson Despite being only six months into 2015, there have already been a slew of sometimes bizarre stories about voter fraud across the country. They show just how far some people will go to cheat the system. Here are a few of the most outlandish stories: 1. Madison County, Ga. Mohammad Shafiq of Madison County, Georgia, was none too happy with Madison County sheriff candidate Clayton Lowe. So Shafiq started campaigning for the other candidate by submitting fraudulent voter registration cards supposedly for new voters, apparently intending to eventually vote under those registrations. When the fraud was detected, he coerced a couple to sign affidavits falsely saying they had registered themselves. He was charged with two counts of voter identification fraud, two counts of perjury, and three counts of tampering with evidence. He pleaded guilty and was sentenced to 10 years probation and a fine of $6,750.

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