Editorials: “Soft” Voter-ID Laws Are Supposed to Make Strict Voting Requirements Constitutional. They Don’t. | Richard Hasen/The Atlantic
A recent lawsuit accuses the state of Wisconsin of disenfranchising an eligible voter who had lost the use of her hands, because she could not sign a government document to get a voter ID. Another voter, who was born in a German concentration camp and could not produce a birth certificate, had to go to extraordinary lengths at the state’s Department of Motor Vehicles in order to vote. Strict state voter-identification laws are proving disconcerting on the ground. So why are the courts bending over backward to uphold them? In 2014, the Wisconsin Supreme Court considered whether Wisconsin’s stringent voter-ID law violated the Wisconsin constitution’s right to vote. The court found that the law would impose severe burdens on voters who could not afford to pay for underlying documents, like an out-of-state birth certificate, to prove identification, and on those voters who, through no fault of their own, could not establish their identity under the exacting rules established by the state.