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Voter ID Laws Are Set to Face a Crucial Test
INDIANAPOLIS - In April 2006, a federal judge upheld Indiana's law on voter identification, the strictest in the nation, saying there was no evidence that it would prevent any voter from having his ballot counted.
But on Election Day last November, Valerie Williams became that evidence, according to lawyers in a case that will be argued before the Supreme Court on Wednesday. After Ms. Williams grabbed her cane that day and walked into the polling station in the lobby of her retirement home to vote, as she has done in at least the last two elections, she was barred from doing so.
The election officials at the polling place, whom she had known for years, told her she could not cast a regular ballot. They said the forms of identification she had always used - a telephone bill, a Social Security letter with her address on it and an expired Indiana driver's license - were no longer valid under the voter ID law, which required a current state-issued photo identification card.
"Of course I threw a fit," said Ms. Williams, 61, who was made to cast a provisional ballot instead, which, according to voting records, was never counted. Ms. Williams - who has difficulty walking - said she was not able to get a ride to the voting office to prove her identity within 10 days as required under the law, and her ballot was discarded.
The incident is at the heart of the highly anticipated case, which challenges the constitutionality of the Indiana law and, according to Daniel P. Tokaji, a professor of law at Ohio State University, is "the most important case involving the mechanics of election administration in decades."
The case goes before the Supreme Court just as the 2008 presidential primaries are beginning. The court will probably deliver its decision by late June, in time to affect the November elections.
Supporters of the law, most of them Republicans, say a requirement for state photo identification card is a prudent step toward curbing voter fraud. They say the requirement helps restore confidence in the voting process by removing the potential for fraud, though Indiana has never cited a case of "voter impersonation," which is what the law is supposed to prevent.
Opponents of the law, most of them Democrats, view voter identification requirements as a deterrent that disproportionately affects poor, minority and elderly voters, who more often than other people lack the required forms of identification and who also tend to back Democrats. And unlike supporters of the law, they say they have evidence to bolster their case and show that it has harmed Indiana voters.
A brief filed with the Supreme Court by the Marion County Board of Elections, the state's largest voting jurisdiction and a defendant in the case, said Ms. Williams - who is a black Republican - and 31 other voters had to cast provisional ballots because they showed up at the polls without the state-required ID, which can include a driver's license, a passport, a state-issued ID or some other government-issued photo identification. Because they also failed to appear later at county offices with the identification required to validate their identities, all of these voters had their ballots thrown out, records show. In interviews, many of these voters said they could not find transportation or could not afford the IDs.
All of these voters appeared at the polling place for the precinct in which they were registered, and all of the signatures on their provisional-ballot envelopes matched the appropriate poll book signatures. At least 14 of these voters had voted in 10 elections before last year, according to voting records.
Last year, legislators in 27 states proposed laws like the one in Indiana, seeking to increase identification requirements for registration or voting, according to Justin Levitt, a lawyer for the Brennan Center for Justice at the New York University School of Law. Mr. Levitt predicted legislative and legal battles in at least that many states, depending on how the Supreme Court ruled.
But the decision will affect more than just the voter-identification issue.
In the 1980s and '90s, the Supreme Court came up with a test for assessing any law that placed hurdles before voters. The justices ruled that courts must weigh the value of the law to the state against the burden it placed on voters.
How the court applies that test in this case could set the standard for challenges to election rules across the country. The decision could affect a range of other voting-related rules being imposed by states, including ones involving the handling of provisional ballots, new restrictions on voter registration and the methods states can use to purge voters from registration rolls.
Professor Tokaji, who was hired by the federal Election Assistance Commission to help produce a report released last year on voter-identification requirements , said that Arizona, for example, would study the court's ruling to see whether it could continue to require voters to present either one photo ID or two forms of nonphoto ID. Similarly, in Ohio, litigation is pending over such matters as how old a utility bill can be for a voter to use it as identification.
Supporters of the law said the requirement was hardly burdensome in today's society.
"It is exceedingly difficult to maneuver in today's America without a photo ID (try flying, or even entering a tall building such as the courthouse in which we sit, without one)," wrote Judge Richard A. Posner in a January 2007 opinion by the Seventh United States Circuit Court of Appeals in Chicago upholding the Indiana law and affirming a 2007 decision by Sarah Evans Barker, a federal district court judge. "And as a consequence, the vast majority of adults have such identification."
The Bush administration, arguing in favor of the law in a brief filed with the Supreme Court, suggested it was not necessary to prove fraud was actually taking place, given the importance of preventing such fraud.
"The state's interest in deterring voter fraud before it happens is evident from the monumental harm that can come from such fraud," the brief said.
Opponents of the law point to the three states - Georgia, Michigan and Missouri - where state officials have recently conducted the most systematic studies on the topic. Those states found that at least 4 percent of registered voters lacked the type of ID needed under the strictest voter identification laws. A 2007 study by political scientists at the University of Washington found that about 13 percent of registered voters in Indiana lacked the required identification.
Studies on whether voter identification laws affect turnout have come to different conclusions, some finding an impact, especially on members of minorities, and some finding no impact. All of the studies have acknowledged limitations on their conclusions given that strict photo ID requirements have only been in place in a few states for a few elections.
Only Florida, Georgia and Indiana require a voter to present photo identification to cast a regular ballot. Other states allow other types of documentation, like utility bills or a sworn affidavit from the voter. Twenty-three states in effect do not require proof of identification of all voters, requiring only what federal law demands: only first-time voters who apply by mail and have not otherwise been verified by the state must prove their identity with documentation.
Mary-Jo Criswell, 71, who - like Ms. Williams - an Indiana voter cited in the case before the Supreme Court, had her vote thrown out in November after she was told the identification she had used in previous elections - a bank card with a photograph, a utility bill and a phone bill - no longer sufficed.
"It was particularly galling for me since I was a former voting precinct committeewoman and I, of all people, should not be missing an election," said Ms. Criswell, who is a Democrat.
"It's like I'm having to recreate my identity and build a paper trail after all these years of never having problems," she said, explaining that her epilepsy had prevented her from ever getting a driver's license. Her passport expired in the 1950s, she said, and she did not have a copy of her birth certificate last November.
Since last November's election, she said, she has obtained a copy of her birth certificate but has still not gotten the required photo ID.
© 2007 The New York Times
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23 Comments so far
Show AllSilly Mericuns, votes are for *democratic* nations! Didn't you know that?
"If for some reason you are not willing to lead, leave it to the rest of us. Please get out of the way." (Kevin Conrad)
This is sick!
Her ID is no better than my ID!
Everyone Knows that Black Democrats always lie about who they are when they Vote.
After all, when the KKepublicans learn that you were Uppity enough to vote, they might come to your house in the middle of the night and kill you as a punishment.
That's why Black Democrats always lie about their addresses.
It's just a little Cultural problem that the Republicans are trying to Fix.
Voters don't count at all in elections, the counters count and make sure the vote goes to the preselected candidate, you know the one the big corps and media want
A cure with disastrous side effects for a disease that does not exist.
Imagine if that law was passed in a country that Washington doesn't like.
The corporate media would be calling for air strikes.
The clever terrorists win when people personally known to poll workers are allowed to vote.
To save America the decider must assume the Crown.
friend, you make me laugh!
kathyodat
THEY'RE worried about voter fraud...
Funny how they act like they're worried about us cheating.
Them more they act like we're cheating the more certain I am that they are.
Just what these idiots in the ruling class want - as little number of people to vote as possible. Republicans love it - stopping old people and especially black people from voting helps them out. Good old disenfranchising. Democracy, right?
Oh and btw, dont u have 2 pay 2 get a state ID like Indiana's asking for? Doesnt that violate the constitutional amendment against poll taxes?
Make it easier to vote, not harder! Civil liberties, peace abroad... dont let them take away you vote too!
Here you go: http://dailydoubt.blogspot.com/2008/01/todays-worst-person-on-planet-with-all.html
Some asshole called Neil Boortz: "Somehow the media in this country has bought the politician's about this "right to vote." It's not there. Doesn't exist. And to save this country we need to figure out a way to get tens of millions the parasite class off the voter roles. Welfare? No vote. Illiterate? Stay home on election day. Begging for the government to be your lifetime nanny? Let the doers, the achievers cast the votes. Just stay away."
I hear Zyklon B is an effective method of achieving this aim (and before anyone invokes Godwin's Law, don't, cos Mr. Boortz already did).
~ ~ ~
"If for some reason you are not willing to lead, leave it to the rest of us. Please get out of the way." (Kevin Conrad)
"Supporters of the law, most of them Republicans, say a requirement for state photo identification card is a prudent step toward curbing voter fraud."
The problem with Republicans when they complain about voter "fraud" is their total lack of integrity on the subject.
Do you all remember in 2004 when Democratic Senator Barbara Boxer was the only senator who "backed" the group in the House of Representatives when they challenged our clearly "defective" and "failed" Federal Election System? Of course, the first time around it was the Jeb Bush state of Florida and the Supreme Court that had the audacity to rule that Bush won the election.
Do you also remember Republican, Senator Orin Hatch-(it) and other blatantly arrogant Republican representatives of the people standing on the floor of the House and Senate and pontificating how the challengers of this this defective system were being "trivial, extremist, outrageous, disrupting, debasing and undermining"?
Now that the proverbial "shoe" is on the other foot and Repbulicans know they're going to lose this next election, "the Bush administration is arguing in favor of the ID law in a brief filed with the Supreme Court, suggesting it was not necessary to prove fraud was actually taking place, given the importance of preventing such fraud."
Isn't it astonishing that the Bush administration would, after 7 years, suddenly become concerned with the "importance" of ID election fraud but have no concern for the "importance" of touch screen voting fraud?
For the sake of being able to call these people "human", I would truly like to believe that their motives are genuine -but experience tells me otherwise. They have proven themselves to be nothing but cold and calculating "humanoids" living in an alternate universe which can be better described as the "ME" universe.
Welcome to the reality of the Republican metality.....and to be sure, some Democrats as well!
Voter fraud is the big lie---it ain't there folks---it's a red herring. The thugs who hate democratic process will do all they can to prevent the people from having a say. Why the press barely mentions this big lie when reporting these attacks on voter's rights, indicates how little freedom is left in the pot for the people. Screams of voter fraud are just another two words for massive vcter supression. Scalia asked in a case today on lethal injection and I paraphrase, Where does it say executions can't be painful?"
So don't be one bit surprised if he asks, " Where does it say that an American citizen has the right to vote?" when this case comes before the court.
You all have it! Its voter defrauding that we have had to deal with. Just a little bit of fuss to confuse the illiterate, illegitimate congress in order to get them to try to confuse us(more). Who do these fools think we are? Sheeple? Wheeze meri-cans! A Bud anyone?
It's amazing that the Republican's are so concerned about voter fraud????? When they have brazenly stolen two elections now and foisted their version of the Antichrist on us! I throughly expect the election of 2008 will have dirty Republican scams attached to it too. We will get yet another fascist Republican out of it. The bunch of 'Republican thugs' will see that this rotten Administration is continued for 4 to 8 more years. Because they don't want to give up their strangle hold on this country. So, a lot of us don't expect to much from this election. Republican's just want it to where they can rig all elections unhampered by any laws. They have a variety of scams they use to make sure the deck is stacked in their favor. I really believe there is a serious problem with our elections. But, it's one that won't be solved until some top Republican's start serving jail time for tampering with elections.
The Bush administration says we must stop voter fraud before it happens??
There is a psychological term known as "projection" which fits that pot calling this kettle black
Exactly Gail,
The electronic voter machines, that have been forced on us despite no computer scientist (that I have heard of) endorsing them.
As I recall one of the big vote machine manufacturers was a campaign contributor to bush/cheney.
As for their projection...I use their projection to measure just how corrupt they really are, every thing they accuse us of you know they do, and most likely more.
The trouble is that requiring a state ID is unconstitutional unless it is issued for free. If there is a fee for the ID, then it is a poll tax -- and that got tossed years ago.
It would not surprise me if this becomes a backdoor way to introduce a national identity card.
NATE W -- You're 100% going along with my thoughts too.
See:
NCLB_&_Chipping_Americans
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NateW, Chertoff has come up with a national identity card plan called the REAL ID card, required for obtaining a driver's license or getting on an airplane - for starters. Qualifying for a REAL ID card means various agencies will share considerable personal information about every American. We're on our way.
kathyodat
The only stickler for this plan is that it is ferociously expensive, and of course the Feds expect the states to pick up the bill.
kathyodat
… it IS the state's right(s), right?