“So What’s The Point?”: Mandatory ID ‘Isn’t Just For Voting Anymore’
As part of a broader voter-suppression campaign, Republican policymakers in many states now require voters to show a photo ID in order to cast an election ballot. This step, ostensibly intended to combat voter fraud that doesn’t exist, is a hurdle that’s never been necessary before, and which studies show disproportionately affect Democratic constituencies. There’s ample evidence of registered voters already being blocked from voting because of these measures.
But as my msnbc colleague Zack Roth reports, “For Republicans, requiring photo ID isn’t just for voting anymore.” It’s now being applied to recipients of government benefits.
North Carolina’s GOP-controlled legislature – which last year passed a voter ID requirement as part of the nation’s most restrictive voting law – advanced a bill Thursday that would make recipients of jobless benefits also show a photo ID. It’s expected to pass next week. […]
Other Republican-led states are even moving to require photo ID to buy food. Starting in July, welfare and food stamp recipients in Maine will have to show photo ID, under a program pushed by far-right Republican governor Paul LePage. He said transactions records show food stamp cards were used thousands of times at strip clubs, smoke shops, and bars, which isn’t allowed. Georgia recently passed a similar requirement for food stamp recipients.
Given all of these efforts, one might assume that fraud is rampant and that ID requirements would save money while preventing illegal schemes.
Except, that’s not quite right.
As Zack’s report made clear, fraud does exist when it comes to the distribution of government benefits, but most of the wrongdoing is the result of “concealed-earnings fraud,” which refers to people who have financial resources they mask in order to remain eligible for benefits, cheating the system.
How would forcing these people to show ID prevent this fraud? It wouldn’t.
For that matter, because food-stamp benefits are distributed by way of Electronic Benefits Transfer cards through the Supplemental Nutrition Assistance Program, ID requirements wouldn’t reduce fraud here, either.
So what’s the point? Proponents will have to answer these questions themselves, though Zack’s report added a key detail: ”Studies suggest around 11% of Americans – including one in four African-Americans – don’t have a photo ID. Among those who receive government benefits, that number is almost certainly higher.”
By: Steve Benen, The Maddow Blog, June 10, 2014
“Easy And Instant Voting”: A Great Idea Whose Time Has Come, Again
Forty years ago, at a point when Americans were profoundly concerned about declining voter participation, democracy advocates proposed a fix: “instant voting.”
To remove barriers and increase participation in elections, the argument went, officials should make it possible for citizens to show up at a polling place, register to vote and then cast a ballot.
Instead of jumping through registration and participation hoops over a period of weeks, even months, people could just vote.
A handful of states—Maine, Minnesota and Wisconsin—began to implement the idea and something exciting happened: turnout soared.
But the approach was controversial.
In my home state of Wisconsin, then-Governor Pat Lucey implemented the reform.
Lucey, who died last week at age 96, was a remarkable figure. He helped build the modern Democratic Party of Wisconsin, ushering an an era of two-party competition for a state where in the mid-1950s virtually every top official was a Republican. He was close to the Kennedys, playing especially important roles in the John Kennedy’s 1960 presidential run and Bobby Kennedys 1968 race. He bid for the vice presidency in 1980 as the running mate of liberal Republican John Anderson on a “national unity” ticket. As a prominent realtor in Wisconsin, he championed open housing as a part of a broad commitment to civil rights. As governor, he forged a strong university system, established fair and equitable funding for public schools, reformed criminal justice and the courts, fostered labor-management cooperation and economic growth, and appointed the first woman to the state Supreme Court.
But some of Lucey’s greatest accomplishments were as a political reformer, who championed open government and campaign finance reform—and who fought to make it easy to vote.
Pat Lucey believed in high-turnout elections. And Lucey was enough of a structural reformer to recognize that policies could contribute to making lofty rhetoric about popular democracy into an Election Day reality. Indeed, his support for Election Day voter registration was so significant that it helped to make this particular reform central to a national debate about how to expand the electorate.
In the mid-1970s, Lucey and his legislative allies moved to enact what the national media referred to as “instant voting”—a new set of rules designed to allow citizens to simply show up at a polling place, register and cast a ballot. This was a radical change from the restrictive rules that were in place in much of the country, many of which had their roots in the machinations of big-city bosses and Southern segregationists who were disinclined toward expanding the electorate.
When Wisconsin enacted rule changes to remove barriers to voting, it was national news. The New York Times highlighted Wisconsin’s 1975 plan for “easy and instant voting.” Critics screamed that this was a recipe for fraud, expressing particular concern about language that allowed for registration with a Wisconsin driver’s license, a student ID or fee card “or any other ID judged to be acceptable by local election officials.” There were demands for monitoring of elections by the US attorney’s office in Milwaukee and the Federal Bureau of Investigation. But after a review of the 1976 election, officials confirmed that the FBI “found no evidence of fraud or voter theft.”
What was found was high turnout. In November 1976, 210,000 Wisconsinites—11 percent of the total electorate—registered at the polls. The Times reported that “in Milwaukee, for example, registration in 1974 was at the comparatively high level of 65 percent. After Wisconsin adopted Election-Day registration in 1976, registration jumped to 86 percent.” Hailing the Wisconsin accomplishment, along with more modest advances in Minnesota (which also embraced Election Day registration), the paper argued that all America should “trust democracy by enlarging it.”
President Jimmy Carter agreed. He tried to take the Wisconsin model national, with a proposal for universal Election Day registration. It never quite happened. This country continues to have a patchwork of different registration rules, some of them absurdly restrictive. And there have been efforts in a number of states, including Wisconsin, to eliminate Election Day registration and limit related reforms such as those allowing for early voting.
These are moves in the wrong direction. So wrong that they have frequently been blocked by responsible legislators and the courts. But Maine Governor Paul LePage and his allies actually did eliminate Election Day registration in that state in 2011—only to have it restored by a 60-40 popular vote in November of the same year. Former American Civil Liberties Union of Maine Director Shenna Bellows, who helped get the issue on the ballot and who now is a US Senate candidate, said at the time, “Maine voters sent a clear message: No one will be denied a right to vote.”
Voters like Election Day registration, and for good reason—Election Day registration works.
As Demos notes:
Voting rights advocates have long argued that no voter should lose their access to the ballot just because they missed a registration deadline, or because a paperwork error left them off the rolls. Any number of studies have found that turnout will get a boost if people can register on Election Day, and that argument is backed up by the (data analyzed Nonprofit VOTE, a nonpartisan group that encourages nonprofits to engage voters).
Among states that allow residents to establish or update their registration the same day they vote, turnout was 71.3 percent on average—far above the 58.8 percent for the remaining states. Five of the Same Day Registration states appear in the top 10.
This effect can’t be explained away by other factors. For example, one useful predictor of voters’ inclination to participate was the margin in the presidential race—turnout was highest in the 10 swing states where the Obama and Romney campaigns battled most intensely. But even among these 10 swing states, the three that allow Same Day Registration easily beat out the others in turnout, with Colorado the only exception.
Unfortunately, Election Day registration is not universal, as Pat Lucey, Jimmy Carter and the reformers of the 1970s hoped it would be.
According to the Brennan Center for Justice, less than a third of US states “currently offer, or have enacted laws which provide for Election Day registration, allowing eligible citizens to register or update their records on Election Day.” Several states have moved recently to create the option, including California, Maryland and Hawaii. But most Americans, especially those in Southern states with historically low turnout patterns, don’t have it.
So Congressman Keith Ellison, D-Minnesota, has proposed a Same Day Registration Act, which would amend the Help America Vote Act of 2002 to require states with a voter registration requirement to make same-day voter registration—or revision of an individual’s voter registration information—available at the polling place on the date of election itself. The Ellison proposal would also make those options available during early voting periods. The congressman says the United States can and must “ensure [that] our nation lives up to its ideals and protects the most fundamental right in our democracy.”
That was what Pat Lucey did almost four decades ago with his push for “instant voting.” History has proven Lucey and the voting advocates of the 1970s right. They recognized, as we all should, that the promise of democracy is made real when voting is easy and turnout is high.
By: John Nichols, The Nation, May 16, 2014
“No Break In The War On Voting”: Republican Hostility To Voting Rights Is The Problem
In case you were wondering if Rand Paul’s three-day revolt against the War on Voting his party is waging was either stimulating or might reflect a moment of glasnost on the subject, MSNBC’s Zachary Roth has some cold, cold water for you:
Paul’s walk-back is the inevitable result of some much larger trends. It’s not just that polls show voter ID remains popular—though that’s undoubtedly affecting the picture. More important is the GOP’s strategy for winning elections. For all the talk about the need to court Hispanics, the reality is that the easiest short-term path to victory for Republicans is to double-down on their advantage white voters, and work to make the electorate as white as possible. That means restrictions on voting—which hit blacks and Hispanics hardest—are likely to be a page in the party’s playbook for a while.
It’s no coincidence that some of the most important presidential swing states—Ohio, Florida, Wisconsin, and North Carolina—have been the sites of the fiercest voting rights battles. Republicans know that without most of those states, they could be shut out of the White House for decades.
Nor is it a surprise that the list of Paul’s potential rivals for the nomination includes Republicans, like Rick Perry, Scott Walker, Ted Cruz, and John Kasich, who have led the way in blocking access to the ballot. Not a single GOPer in the 2016 conversation has opposed voter ID—including Paul.
The Republican National Lawyers Association—the closest thing there is to an official GOP position on voting issues—is certainly showing no signs of retreating. Not only does the group defend voter ID as zealously as ever—it even opposes a recent recommendation from a bipartisan presidential commission to expand early voting.
The GOP’s approach to the Voting Rights Act is even more revealing about the direction it’s heading. In 2006, the overwhelming majority of Republican lawmakers joined with Democrats to reauthorize the landmark civil rights law. But Rep. Jim Sensenbrenner, a Republican, has so far failed to get party leaders to sign on to legislation to fix the law after it was weakened by the Supreme Court last year—even though it contains a special carve-out for voter ID, designed to win GOP support.
I would add that despite all the talk (abating lately) of Republicans needing to change positions, strategy and tactics to look less hostile to minority voters, you almost never hear Republicans admitting that hostility to voting rights is part of their problem. That may have been Rand Paul’s most important heresy: even bringing the subject up. Bet that won’t happen again.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, May 15, 2014
“Not So Braveheart”: Paul Walks Back His Disavowal Of Voter ID Laws
Well, that was quick. Barely three days after his comments suggesting that Republicans need to get off the voter suppression kick if they ever wanted to appeal to minority voters, there’s this “clarification” from the director of his PAC (via Dave Weigel):
Senator Paul was having a larger discussion about criminal justice reform and restoration of voting rights, two issues he has been speaking about around the country and pushing for in state and federal legislation.
In the course of that discussion, he reiterated a point he has made before that while there may be some instances of voter fraud, it should not be a defining issue of the Republican Party, as it is an issue that is perhaps perceived in a way it is not intended. At no point did Senator Paul come out against voter ID laws.
So it’s fine to push voter ID laws and (presumably) otherwise try to keep minority folk from voting. But just don’t make it a “defining issue of the Republican Party,” which I am reasonably sure not a single person has suggested.
For dessert, the walk-back statement uses the “federalism” dodge, an old favorite of the Paul family on controversial issues:
In terms of the specifics of voter ID laws, Senator Paul believes it’s up to each state to decide that type of issue.
That’s also true of felon disenfranchisement laws and for the most part criminal justice reform, topics on which Paul sees no constitutional bar to a U.S. Senator discussing.
For a brave truth-teller succeeded to the leadership of his father’s Revolution, Rand Paul is sure gun-shy when it comes to defying the conservative movement/GOP CW.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, May 13, 2014
“Why Wisconsin’s Voter ID Decision Is A Very Big Deal”: Put Simply, Voter Impersonation Is A Fake Problem That Doesn’t Need A Solution
Some precautions are necessary—wearing a helmet when you ride a bike, using a seatbelt when you’re in a car—and others seem optional, like grabbing an umbrella on a cloudy day or wearing an apron when you make dinner. Others are dumb. You wouldn’t get snow tires if you lived in Miami, and there’s never a need for volcano insurance (unless you live in the shadow of Mount Etna, or something).
You can add one more item to the list of useless precautions: voter identification laws. In an opinion striking down Wisconsin’s voter ID law—signed in March by Gov. Scott Walker—Judge Lynn Adelman looks at the supposed menace of in-person voter fraud—the GOP’s reason for ID requirements—and finds nothing.
The state’s argument is straightforward: The voter ID law will “deter or prevent fraud by making it harder to impersonate a voter and cast a ballot in his or her name without detection.” To that end, it requires Wisconsin voters to produce an accepted, nonexpired form of state-issued ID to cast a ballot. If a voter lacks an ID, she can apply for one at the Wisconsin Department of Motor Vehicles, provided she has the right documents. And if she lacks a proper ID at the polls, she can cast a provisional ballot, and confirm her identity in-person on the Friday after the election.
Opponents say this unfairly burdens older and low-income people, and minorities in particular. It’s not that nonwhites can’t get identification, but that they are most likely to face circumstances—poverty, geographic isolation, etc.—that make it hard to obtain one. Further, they argue, voter identification isn’t necessary and harms more than it helps. It’s for that reason that the plaintiffs—the League of United Latin American Citizens of Wisconsin—say the law is an unjustified burden on the right to vote.
Judge Adelman agrees, and supports his stance with a treasure trove of evidence. Citing research on the incidence of in-person voter fraud in American elections, Adelman notes that, in eight years of Wisconsin elections—2004, 2008, 2010, and 2012—researchers could identify only “one case of voter-impersonation fraud.” And in that case, it was a man who “applied for and cast his recently deceased wife’s absentee ballot.” Likewise, after “comparing a database of deceased registered voters to a database of persons who had cast ballots in a recent election,” in Georgia, another researcher found “no evidence of ballots being illegally cast in the name of deceased voters.”
Adelman even notes the sheer difficulty of committing in-person voter fraud, throwing water on the claim that this could ever be common. “To commit voter-impersonation fraud,” he says, “a person would need to know the name of another person who is registered at a particular polling place, know the address of that person, know that the person has not yet voted, and also know that no one at the polls will realize that the impersonator is not the individual being impersonated.” He ends with a note that sounds like sarcasm, “Given that a person would have to be insane to commit voter-impersonation fraud, [the law] cannot be deemed a reasonable response to a potential problem.”
He also makes a key point about public perception: Insofar that anyone believes that in-person voter fraud is a problem, it’s because elected officials—almost all of them Republican—treat it as such, as they push for these laws. Put simply, voter impersonation is a fake problem that doesn’t need a solution.
As for the burdens of voter identification? Adelman makes two important points. First, that a substantial number of registered Wisconsin voters—300,000, or 9 percent of the total—lack a qualifying ID. Of these voters, a substantial portion live at or below the poverty line. In practical terms, what this is means is that they lack the time or resources needed to get a valid ID. If you work a low-wage job, odds are good that you can’t take time off to go to the DMV, and even if you could, you would need the cash to obtain the documents you need to prove your identity, like a birth certificate or a passport.
It’s at this point that, in my experience, voter ID proponents scoff at the idea that someone would lack these documents. But it’s more common than you think. According to a 2006 survey from the Brennan Center for Justice, as many as 13 million Americans lack ready access to citizenship documents, which overlaps with the 21 million who lack photo identification. Moreover, millions have inconsistent documents—a passport that doesn’t reflect their current name (a problem for many married women) or a photo ID that doesn’t have their current address. Under the Wisconsin law, both groups would be barred from casting a normal ballot if they went to the polls.
Adelman’s second point elaborates on the burden. If you drive, you receive a daily benefit from the act of gathering one’s documents and getting a license. If the voter ID requirement does anything, it offers the benefit of voting at “no additional cost.” By contrast, he notes, a “person whose daily life did not require possession of a photo ID prior to the imposition of the photo ID requirement is unlikely to derive any benefit” from owning one. At most, they can keep voting. Or, put another way, they have to pay the same costs without the same benefits. It’s unfair.
By the end of Adelman’s opinion, there are no pieces to pick up, and there is no legislative recourse for defenders of voter ID. Adelman ethered the rationale for voter identification, and struck down the law. Now, Republicans and Democrats will fight the upcoming elections on more even ground.
This ruling is significant for more than what it means for Wisconsin. As Ari Berman notes for The Nation, it’s part of a larger trend of courts striking down voter identification laws. In the last year, four other states—Arkansas, Pennsylvania, Missouri, and Texas—have had their requirements reversed by federal courts.
What’s more, the Wisconsin decision marks the first time a voter ID law has been invalidated under Section 2 of the Voting Rights Act, as opposed to a state constitution. In turn, this gives fuel to the Justice Department’s present suits against voter ID laws in North Carolina and Texas—also filed under Section 2.
The real question looking forward is whether Section 2 will survive. The Supreme Court has already destroyed the “pre-clearance” section of the Voting Rights Act, and conservatives are gunning for Section 2 in their drive to end race-conscious policymaking. If successful, they would end the government’s ability to fight voting discrimination, and leave us with a country where states—like Wisconsin—are free to burden the fundamental rights of our most vulnerable citizens.
By: Jamelle Bouie, Slate, April 30, 2014
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