In a recent column in the Wall Street Journal, Kansas Secretary of State Kris Kobach takes a victory lap trumpeting the passage of his voter ID law. He writes: “You can’t cash a check, board a plane, or even buy full-strength Sudafed over the counter without [a photo ID]. That’s why it’s not unreasonable to require one in order to protect our most important privilege of citizenship.” Voting, however, is not a privilege; it is a fundamental right guaranteed by more constitutional amendments than any other right we have. Cashing a check, getting on an airplane, and buying a nasal decongestant are not similarly enshrined in the U.S. Constitution.
The putative targets of photo ID and proof-of-citizenship laws are alleged perpetrators of registration and in-person voter impersonation fraud. However, voting rights groups have obtained records from Kobach’s own officethat deflate his claims that “[v]oter fraud is a well-documented reality in American elections.” The disclosed report, which covers Kansas elections from 1997 to 2011, shows merely 221 incidents for 14 years of elections, and 200 of these could not have been prevented by the new proof-of-citizenship and photo ID requirements. These include more than 98 fraudulent or erroneous absentee ballot applications, 18 instances of attempted or completed double-voting in different precincts or jurisdictions, 17 instances of felons voting, 16 instances of absentee ballot fraud, as well as reports of electioneering and voter intimidation. Photo ID and proof-of-citizenship laws, which at their best can only confirm identity at the polls and block ineligible noncitizens from registering, simply do not prevent any of the above conduct.
