Tag: voter ID

Photo ID Laws Mean Some Won’t Vote

Because all of us are with ourselves all day every day, we naturally tend to think that our own lives are pretty standard fare. But that’s just not so in a country of 300+ million people ranging over a vast expanse. So I found worthwhile this NPR story on people who don’t have IDs, people who face difficulty with laws requiring IDs to vote. Not everyone trundles down to the DMV and plunks down money and paperwork for an ID whenever they please.

The voter ID issue is a hot one. Some are strongly committed to the idea that identification requirements are needed to suppress voter fraud. There isn’t much evidence of that problem, and to worry about impersonation fraud at polling places, one has to put aside absentee ballot fraud, which is probably much easier, as well as election fraud—rigged vote counts, for example—which is much more efficient.

States should tinker with their voting rules and processes, each seeking for itself the methods that optimally secure elections while facilitating voting. It’s a big country, and different states may require different rules. My emphasis has always been on avoiding a national voter ID system, which would inevitably be a national ID system, paving the way for greater federal control of individuals’ lives.

A Lame Duck, a National/Voter ID, and the Pun That Makes it All Worthwhile

In a Wall Street Journal opinion piece this morning, John Fund speculates about a post-election, lame-duck strategy in which Democrats move a variety of controversial proposals before giving up power to November’s presumed victors. Among these proposals is “a federally mandated universal voter registration system to override state laws.”

The answer to that idea is No.

Part of the reason is because this proposal hasn’t seen any discussion or debate. Its benefits, costs, and consequences have had no public vetting.

Likely, a national voter ID system would also be a national ID system. Its utility in addressing whatever voter fraud there is would be matched or outstripped by its utility for controlling our access to health care, travel, guns, financial services, and every other thing that the federal government might like to regulate more thoroughly. That’s also part of why the answer is No.

I’m not too worried. Fund is interested in voter and election fraud, so he may be overweighting the likelihood of legislation to address it. And, as I said this morning in a broader WashingtonWatch.com blog post worth reading only for the pun, “Chances are that Fund is using the lame-duck speculation to goose (yuk yuk) his generally conservative readership, and that the Democratic leadership in the House and Senate aren’t thinking that far ahead yet.”

Indiana Voter ID Law Struck Down

Constitutional rules often comport with common sense. The Fourth Amendment’s search and seizure clause — so burdensome to law enforcement, some argue — requires officials to look for evidence of crime where they think they’ll find it and not elsewhere. Common sense.

So it is with an Indiana Court of Appeals ruling that the state’s voter ID law violates the equal protection clause of the state’s constitution. The law requires in-person voters to show ID, but makes no attempt to verify the identities of absentee voters. The U.S. Supreme Court upheld the law against a recent challenge, but the Indiana court struck it down based on a broader protection in the state constitution’s equal protection clause.

Think what you will on the legal merits. (I generally appreciate courts breathing independent life into their state constitutions.) What is interesting here is that the result is imbued with constitutional common sense.

Requiring ID at polling stations would have a marginal effect on vote fraud because it makes it harder to impersonate a voter or manufacture a vote-qualified identity. But the risk of in-person voter fraud is very low compared to absentee ballot fraud, which the Indiana law did not touch. The Indiana voter ID law was tantamount to caulking windows to keep out the cold but leaving the front door open. Because of the disproportionate effect on different classes of voters, the court struck it down.

Voter fraud will continue to be a hot issue, and states should continue to tune the balances they strike between voter access and vote integrity. My concern is that the issue might boil over and produce national ID proposals, as we have seen in the past.