Tag Archives: voter id

A 3-judge panel will now decide whether to let Texas implement its controversial voter ID law. In closing arguments at federal court, a lawyer for the state, John Hughes, insisted that even if non-white Texans lack an acceptable photo ID under the law, the “ultimate question” for the judges to consider is whether that disparity translates into people being turned away from the polls. The requirement enacted by the Legislature in May 2011, Hughes argued, “deters almost no one,” and even people eligible to vote in Texas who lack one of the acceptable forms of photo ID – a drivers license, concealed gun permit, passport, or citizenship card – should be able to easily obtain an alternative voter ID card provided for by the law. “People who want to vote already have an ID or can easily obtain it,” he insisted repeatedly. He noted that the Justice Department – which refused to let the state implement the law, prompting the state to turn to the federal courts – claims that 1.5 million Texas voters lack an acceptable photo ID. “If that were remotely true, the courtroom would be filled with such people,” he said, citing survey evidence that black and Hispanic Texas voters say they have ID in rough proportion to whites. The judges seemed deeply skeptical. “The record does tell us that there is a substantial number of registered voters that lack photo ID,” said U.S. Circuit Court Judge David Tatel. And District Court Judge Robert Wilkins noted that there was uncontested evidence that some Texans would have to travel 120 miles one way to the nearest state office where they could obtain a voter ID card – and that federal court rules bar subpoenas for anyone more than 100 miles from a courthouse on grounds that would be “unduly burdensome.”

Voting Blogs: Judges Seem Ready To Mess With Texas’ Voter ID Law | TPM

A panel of three federal judges in D.C. posed skeptical questions on Friday about Texas’ voter ID law during closing arguments in a trial about whether the measure is discriminatory. The panel of federal judges — George W. Bush appointee Rosemary M. Collyer, Clinton appointee David S. Tatel and Obama appointee Robert L. Wilkins — hopes to issue a ruling on the case in “quick order,” according to Collyer, who expressed doubts about the findings of Texas’ experts in the case. John Hughes, a lawyer for Texas, argued in his closing arguments that people who want to vote already have an ID or can easily get it. Hughes argued that if the state’s voter ID law really disenfranchised anyone the D.C. “courtroom would be filled” with Texans who couldn’t obtain voter ID. In one of the more awkward exchanges, Hughes offered a semi-defense of literacy tests after one judge said that the reason literacy tests were racist years ago was because of inequalities in the education system. The judge asked if it was Texas’ theory that there would be a problem with literacy tests today. Setting aside other laws banning literacy tests and poll taxes, Hughes said he did not believe a literacy test would violate Section 5 of the Voting Rights Act.

Editorials: Voter IDs on Trial in Texas | NYTimes.com

Representative Trey Martinez Fischer, the chairman of the Mexican-American Legislative Caucus in the Texas House of Representatives, flew to Washington this week to persuade a panel of federal judges to invalidate a requirement that voters must have an ID card. His trip was less arduous than the one some residents would have to endure to get a government-issued photo ID. “In West Texas, some people would have a 200-mile round-trip drive” to the nearest state office to get a card, he testified, according to The Dallas Morning News. More than a quarter of the state’s counties don’t even have an office to get a driver’s license or voter card. Lines at the San Antonio motor vehicles offices are often more than two hours long, he said. Texas is one of 10 Republican-controlled states that have imposed a government ID requirement to vote, purportedly to reduce fraud but actually to dissuade poor and minority voters who tend to vote Democratic. (Seven other states have passed slightly less-restrictive rules.) In most cases the federal government can do little to resist this incursion on voting rights, because the Supreme Court upheld ID requirements in 2008. But Texas is different. It is covered by the Voting Rights Act of 1965, which allows the Justice Department to disapprove of any change in voting procedures in areas with a history of discrimination.

Florida: Florida looks ready to repeat many of the same mistakes in how it conducts its elections | Slate

Shortly before the 2000 election, Michael Obregon contacted the Miami-Dade Office of the Supervisor of Elections. Heads up: He had a new address in the city. Where should he go to cast his vote? “I received a letter,” remembers Obregon, “one page, saying I wasn’t eligible to vote because I had a felony on my record.” He takes out the letter—he keeps it in a manila envelope labeled “Vote Problem”—and reads the warning: “The court system has notified the elections department that you are ineligible to vote. Pursuant to statute 98.093, we have removed your name from the voter registration record. You may contact the office of executive clemency.” The problem: Obregon hadn’t committed a felony. Someone had apparently stolen the Bennigan’s bartender’s identity, opened some accounts, and gotten busted. That information churned into the Florida Department of Law Enforcement, which alerted the Florida Department of State, which passed the information on to the local supervisor’s office, which kicked the nonfelonious Obregon off the rolls. “I had to send my fingerprints in,” says Obregon, “so I went to the police station, they took them, they sent them in. I got back a copy of my criminal record. It said, ‘There is no felony here.’ ” Thus began a mission to convince state bureaucrats in Tallahassee that he deserved the vote. It’s an ongoing mission. Twelve years later, Obregon still isn’t on the rolls.

Voting Blogs: ‘Got Voter ID?’ States Educational Campaign Efforts Vary Widely | TPM

Mark Goins is the Coordinator of Elections in the Tennessee Secretary of State’s Office. He’s also guy in charge of educating Tennessee voters about the state’s new voter identification requirement. While other states have hired outside public relations firms to get the word out about the regulation, he’s been doing everything in-house. That includes outreach to specific communities statistically less likely to have a form of photo identification which meets the new requirements, which was conducted by members of his staff on top of their other responsibilities. “I’ve got a younger person in the office, he’s in his 20s, so he was kind of coordinating the college voters, so that was kind of his job,” Goins told TPM. “I’ve got a minority, well I hate to use the word minority, but I’ve got a person of color within the office who was the minority outreach, if you will, if you use that term. She was the person who went to some NAACP meetings.” As several states prepare to implement voter ID laws passed by their legislatures in November, TPM’s interviews with elections officials show that education efforts are all over the map.

Texas: Texas Voter ID Law Met with Skepticism At Trial | WSJ

A panel of federal judges on Friday peppered lawyers for Texas with skeptical questions about the state’s new voter identification requirement and whether it runs afoul of federal anti-discrimination laws. At the end of a week-long trial in Washington, D.C.’s District Court, the three judges questioned whether requiring voters to present government issued photo identification – such as a driver’s license or passport – was too onerous, and may disproportionately affect black and Hispanic voters. “People who want to vote already have an ID or can easily get one,’’ said John Hughes, one of the lawyers representing Texas. Among election lawyers, the case is seen as an early legal test for a number of voter ID laws recently passed or under consideration by Republican-controlled state legislatures. Texas passed its law in 2011, saying it would help prevent voter fraud. In March the Justice Department moved to block it, saying it discriminated against minorities by making it more difficult for them to vote. The Obama administration has also moved to block a voter ID law in South Carolina, a case that will be heard next month.

National: Biden takes on voting rights issues at NAACP convention | CNN

Vice President Joe Biden delivered a rousing address to the NAACP in Houston on Thursday, bolstering support for President Barack Obama and drawing sharp contrasts with the Republican Party on civil rights issues. On the heels of recent voter identification disputes, Biden strayed from his typical campaign speech to zero in on voting rights, arguing that Republicans were making it more difficult for certain group to vote. By implementing laws requiring voters to present official identification at the voting booth, Biden said, the GOP sees “a different future, where voting is made harder, not easier.”

Voting Blogs: Minnesota Election Law Ballot Measure – So Much More than Just Voter ID | Brennan Center for Justice

This week, Minnesota Secretary of State Mark Ritchie announced the title of the ballot measure addressing election administration for the November election. The new title of the measure is: CHANGES TO IN-PERSON & ABSENTEE VOTING & VOTER REGISTRATION; PROVISIONAL BALLOTS. Some proponents of the measure have cried foul, arguing this title is misleading. In fact, it is painfully accurate. Many voting rights advocates, including this blogger, have been loosely referring to the measure as the “Voter ID Amendment.” But the proposed amendment is much broader than simply drastically increasing the ID requirements for voters. This amendment goes further by limiting how registered voters are verified, impacting more than in-person voting on Election Day. It will undermine the long tradition of Election Day registration that many believe accounts for Minnesota’s consistently high voter turnout rates. Beyond that, it will affect how voters confined to their homes can vote and will necessitate the creation of a cumbersome and costly provisional balloting system.

Tennessee: Electronic poll books set for many Nashville voting precincts after $777K upgrade | Nashville City Paper

Poll workers won’t be shuffling through papers to verify voter registration information at many Davidson County precincts during August’s election. New electronic poll books will do the work for them. The Davidson County Election Commission, following a $777,000 purchase, is making the transition from paper poll books to electronic versions at 60 of the city’s 160 precincts beginning this election cycle. Early voting for state primaries and Metro school board races begins Friday, but the commission won’t roll out the new machines until the Aug. 2 election. “They speed up the process for the voter and they greatly reduce the opportunities for errors,” Elections Administrator Albert Tieche said, adding that the electronic poll books are identical to versions the Shelby County Election Commission uses.

Voting Blogs: Tennessee program to provide photo IDs missing most voters who need it | Facing South

In 2011, as part of a nationwide push for new restrictions on voting, Tennessee enacted one of the most stringent voter photo ID requirements in the country. In response to criticism that it would disenfranchise voters, state lawmakers agreed to issue free photo ID cards to make sure eligible voters aren’t wrongfully denied the vote. But a Facing South analysis shows that, less than four months from Election Day, Tennessee’s photo ID program is reaching only a fraction of those who likely need it. The Tennessee law, which went into effect Jan. 1, 2012, prohibits voters from casting a ballot unless they show a photo ID at the polls, with a few exceptions, such as for those who are hospitalized. Student IDs don’t count, and neither do locally-issued IDs like library cards, although handgun carry permits do. Critics argued the bill posed an especially big problem for the elderly: A unique Tennessee law allows residents over 60 to get driver’s licenses without a picture. According to state records, more than 230,000 Tennessee seniors have such licenses — 126,000 of whom are registered to vote — meaning they wouldn’t be able to vote with those IDs.

Texas: Witness backs voter ID discrimination claims | San Antonio Express-News

Four days of testimony ended Thursday in a federal trial on the legality of a new Texas voter ID law that was rejected by the Justice Department under the Voting Rights Act. The case is being watched closely by other states that have recently passed restrictive voter laws. “It’s over. The trial has ended. It’s a tough set of issues, it’s a tough case,” said U.S. District Judge Rosemary Collyer, one of three federal judges hearing the case. Closing arguments are scheduled today, and a decision by the judges on the lawsuit filed by Texas Attorney General Greg Abbott could come this month. At issue is a voter ID law that the government and experts have said will disproportionately affect more than 1 million minorities in Texas. Attorneys for the state reject the claim and argue that the law is designed to combat voter fraud.

Texas: Judges Will Rule on Voter ID | Roll Call

The war over this election’s voting rules is heating up, drawing crowds this week to a closely watched federal court trial in Washington, D.C., where a three-judge panel is hearing arguments for and against a contested Texas voter ID law. “This is certainly something that is going to have broad reverberations beyond Texas,” said Wendy Weiser, who directs the Democracy Program at New York University School of Law’s Brennan Center for Justice. The center is on the legal team representing Latino and civil rights leaders who have intervened in the case. Immediately at issue is whether the Texas law discriminates against minority voters by requiring a photo ID at the polls. But the case could reverberate all the way up to the Supreme Court. Texas has also challenged the constitutionality of Section 5 of the 1965 Voting Rights Act, which requires states with a history of discrimination to obtain Justice Department approval before changing their voting rules.

Texas: Fewer blacks will vote under Texas voter ID law, witness says | Chicago Tribune

A Texas law requiring voters to show photo identification will lead to fewer African Americans voting, a community leader testified during the third day of a landmark trial on Wednesday. Rev. Peter Johnson, a Southern civil rights leader who has worked for decades to help black Americans access polls, said the voter ID law passed in 2011 reflects a state still rife with racism. “The brutality and ugliness of racism exists from the governor’s office down to the mainstream of Texas,” Johnson, who lives in Texas, told the court. “It’s dishonest and naive to deny this.” A three-judge panel on the District Court for the District of Columbia will not allow the law to take effect if it finds the state hoped the law would harm minority voters.

National: Debate intensifies over state election laws | USAToday.com

Four months away from a presidential election still considered a tossup, new battles are brewing over state election laws. A federal court in Washington began hearing arguments this week on whether a voter ID law in Texas discriminates against Hispanic voters. Michigan Republican Gov. Rick Snyder vetoed a bill last week that would have required voters to show identification before casting absentee ballots. The Justice Department rejected South Carolina’s voter ID law for the second time, saying it could disproportionately affect black voters. The state sued earlier this year. A federal court has scheduled oral arguments for Sept. 24, just 43 days before the election. A judge ruled in June that Wisconsin’s voter ID law violates the state constitution. An appeal is likely. Attorney General Eric Holder is promising an aggressive effort to safeguard voting rights.

National: Rep. Hoyer launches voting rights application | The Hill

Democratic Whip Steny Hoyer (Md.) this week is unveiling his next step in the battle over voting rights in the form of a pop-up Web application that informs people where to vote and how to register. Hoyer and Rep. Robert Brady (D-Pa.), the ranking Democrat on the House Administration Committee, sent a letter to colleagues dated Monday to introduce the new application and encourage members to use it, specifically recommending sharing it through social media. The letter urges that it is the “responsibility” of elected leaders to help inform constituents about the democratic process. “In the last year, we have witnessed a nationwide assault on American citizens’ constitutionally-guaranteed right to vote,” they wrote. “Aside from the unnecessary, expensive, and ineffective new Voter ID laws, we have also seen targeted purges of eligible, registered voters from state rolls. Little has been done to educate the public about these actions. As a result, there are thousands of eligible voters at risk of being turned away from the polls while attempting to make choices about their federal representation.”

Editorials: The fraud of voter ID | NewsObserver.com

Spare us any more hooey about “preventing fraud” and “protecting the integrity of the ballot box.” The Republican-led crusade for voter ID laws is revealed as a cynical ploy to disenfranchise as many likely Democratic voters as possible, with poor people and minorities the main targets. Recent developments in Pennsylvania – one of more than a dozen states where voting rights are under siege – should be enough to erase any lingering doubt: The GOP is trying to pull off an unconscionable crime. Late last month, the majority leader of the Pennsylvania House of Representatives, Mike Turzai, was addressing a meeting of the Republican State Committee. He must have felt at ease among friends because he spoke a bit too frankly. Ticking off a list of recent accomplishments by the GOP-controlled Legislature, he mentioned the new law forcing voters to show a photo ID at the polls. Said Turzai, with more than a hint of triumph: “Voter ID, which is going to allow Governor Romney to win the state of Pennsylvania – done.”

Mississippi: Voter Fraud Problem? | Jackson Free Press

Backers of voter identification in Mississippi and other states say the laws will eliminate voter fraud–but it may be a solution looking for a problem. Between 2000 and 2010, the country saw only 13 plausible cases of voter fraud, but since 2001 almost 1,000 voter ID laws have passed in 46 states across the country, including Mississippi, reports The Brennan Center for Justice, a non-partisan group in New York City that focuses on fundamental issues of justice including voter rights. In fact, Indiana, a state that recently introduced a voter ID requirement, went before the U.S. Supreme Court to defend the bill, representatives from the state could not give one instance of voter fraud in their state’s history. The Wall Street Journal reported that though Kansas Secretary of State Kris Kobach cited 221 cases of voter fraud in his state between 1997 and 2010, only seven brought convictions, but none related to voter fraud. Republican National Committee Chairman Reince Priebus said that Wisconsin was “absolutely riddled with voter fraud,” Mother Jones reports. However, in 2004 the state only found seven total votes that were fraudulent.

Editorials: Meet the hanging chad of 2012 – absentee ballots | NY Daily News

At this point in a closely fought presidential campaign, pundits and pollsters are checking their guts and sifting through data to try to predict November’s winner. Those of us who specialize in election law engage in a more heart-wrenching task: attempting to make an educated guess about the likelihood that one or another election irregularity will lead to a Bush v. Gore-style meltdown. My candidate for the honor of the next potential chad to dangle: absentee ballots. Competition for this year’s biggest potential ballot box nightmare is pretty stiff. We can expect the rise in voter identification laws to lead to some confusion at the polls. This confusion may arise both from the voters who face unfamiliar barriers to entry and from untrained poll workers who must enforce sometimes arcane, novel laws on the fly. This will probably lead to a large number of provisional ballots — the kind a poll worker gives you when they can’t find your name on the rolls. The legality of these would be determined in a post-election recount, if one comes to pass. But the silent, creeping revolution in the timing and method of voting presents bigger opportunities for trouble. In recent years, absentee and mail-in ballots have been steadily rising as a share of total ballots cast. The majority of states now allow “no-excuse absentee” voting, meaning anyone can ask to cast a ballot by mail. You don’t need the political equivalent of a doctor’s note, as was true previously.

United Kingdom: Elections watchdog to review need for voter ID at polling stations | guardian.co.uk

July 11, 2012

The Electoral Commission is to review whether voters should produce identification at polling stations amid continued concerns about electoral fraud. It said it was disappointed the government had not conducted its own review. The review was announced as the elections watchdog published its reports on May’s local elections, in which it highlighted voters’ concerns about the potential for fraud. Allegations of fraud in Tower Hamlets, east London, are under investigation by the Metropolitan police. Post-election polling found that about a third of voters felt that fraud had taken place in the 3 May elections, at least “a little”. The government is introducing individual electoral registration to tighten up the voting process, but the commission said it would see whether further changes were necessary.

Pennsylvania: Big Romney Donor Paid To Inform Pennsylvanians About Voter ID Law | TPM

The man behind a company that got a big state contract to educate Pennsylvania voters on the commonwealth’s restrictive new voter ID law is a fundraiser for presumptive Republican presidential nominee Mitt Romney. Ads created by his company, a Republican lobbying group, encourage Pennsylvania residents to obtain state-issued photo identification so they don’t “miss out” on their right to vote. Republican lobbyist Chris Bravacos, who according to the Center For Responsive Politics has thus far bundled $30,000 for Romney’s campaign, is president and CEO of the Bravo Group, which received a $249,660 government contract from Republican Gov. Tom Corbett’s administration for the ad campaign. Two ads the company created were posted online by the Bravo Group back in April (according to a Google cache) and taken down after Philadelphia City Paper’s Daniel Denvir published a story about the contract on Sunday. Occupy Harrisburg later reposted the two videos, one of which uses what looks like stock photos of a diverse cast of smiling individuals holding ID-sized cards that read “My Valid Pennsylvania Identification.” The campaign’s slogan? “Your right to vote: it’s one thing you never want to miss out on.”

National: Texas case puts voter ID laws to test | The Washington Post

Voter ID laws face a high-profile test this week as the U.S. District Court in Washington, DC hears arguments about Texas’ controversial new regulations. The case pits Texas against Attorney General Eric Holder, who has earned the ire of Republicans across the country for challenging new voting restrictions. Republicans say the Justice Department should be more concerned about fraud; the DOJ counters that these laws suppress minority turnout. Gov. Rick Perry (R) signed Texas’ voter ID law in May 2011. The state already required an ID to vote; the new law requires a photo ID. Those who don’t have a valid photo ID can apply for a new “election identification certificate.” As a state with a history of voter discrimination, Texas must get preclearance from the Department of Justice for changes in election law. The DOJ blocked Texas’ law under Section 5 of the 1965 Voting Rights Act, declaring that it would disproportionately affect Hispanic voters.

Voting Blogs: No ID? The Marginal Cost Of Voting In Pennsylvania | The Faculty Lounge

In my recent post about the new PA voter ID law, I noted that a very, very significant number of registered voters – up to 18% of all registered voters in Philadelphia (home to half of the state’s African-American population) – may not currently possess an identification card that will allow them to vote in November. Supporters of these laws argue that requiring people to get an ID is a small price to pay in order to prevent voter fraud. It seems worth figuring out what the actual supplemental cost of voting is for those who currently lack required ID. I therefore present may totally back-of-the-envelope calculation of the poll-tax assessed by PA’s voter ID law. I use the working assumption that time is worth 7.25/hour. This is a fiction if the preparation time does not actually displace paid labor, but does allow us to monetize the cost of voting to be allocated to ID acquisition. I assume that photocopies cost .15 per page and that all mailings can be done for .45 first class postage. I also assume that this is all occuring in Philadelphia County, where there is public transportation to help you get to one of the five DMV locations in the county. In other counties, a person without a driver may have to spend even more to get cab service. Of course, some people will be able to get a ride – but given gas prices (and the cost of parking in cities), it seems unlikely that the effective cost of such travel will be less than the SEPTA public transit fare of $2 each way. More elaborate details on my calculations appear at the bottom of the post. And yes: I recognize that some people miss work, school or other activities in order to vote. I assume, however, that this cost is borne by all voters.

Editorials: Vote fraud: Nationwide effort | The Charleston Gazette

At first glance, it seems appropriate to require voters to show photo ID cards. But stop and think: What sort of person is unlikely to have a driver license or similar card? Answer: the poor, young blacks, the aged, Hispanics, teens — all groups who tend to vote Democratic. That’s why Republican legislators across America are waging an all-out drive to clamp restrictions on voting. They claim they’re doing it to stop “vote fraud,” but that’s a smoke screen. In reality, the new laws amount to vote fraud themselves because they’re designed to block left-leaning people from the polls. The Brennan Center for Justice at New York University estimates that 5 million Americans could be prevented from voting this year because of GOP-passed state laws requiring picture IDs, halting election-day registration, curbing early and absentee balloting, etc.

New Hampshire: Governor Lynch allows voter ID law to pass without his signature | Nashua Telegraph

Gov. John Lynch let become law without his signature Friday a key change in the new requirement that voters will be asked for a photo ID at the polls this fall. The change means that those casting ballots who don’t have an ID will have to sign an affidavit under penalty of perjury that they are who they claim to be and that they live in the voting district. Legislative leaders passed this second bill, HB 1354, after Lynch had vetoed an earlier voter ID bill, SB 289, because that bill would have required those without an ID to answer many more questions on a different affidavit including about their past immigration status. Two weeks ago, the Republican-led Legislature passed the original voter ID law over Lynch’s veto.

Pennsylvania: Voter ID Issues Could Be Worst In Pennsylvania | US News and Word Report

The Associated Press reports Monday that new voter identification laws could block thousands of Americans from voting this fall. As part of its investigation, the AP examined voting in the 2008 general election in Indiana and Georgia, where it found more than 1,200 votes were thrown out. But the state that could be worst affected in 2012, a voters rights group tells Whispers, is the swing state of Pennsylvania. Last week, Pennsylvania officials released new data that estimated 750,000 voters who don’t have photo IDs could be impacted by new voter identification laws. Marcia F. Johnson-Blanco, co-director of the Voting Rights Project, said that number makes sense. And she notes that the groups most affected by the law will be Pennsylvania’s minorities and elderly–voters that most often for Democrats.

Texas: Voter ID Case Begins, Stirs Debate | Fox News