Category Archives: voter id

Judge Quotes Extensively from Brennan Center Voter ID Study in Rejecting ID for Plan B Emergency Contraception

See around page 9.

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DOJ, Others Urges Affirmance in Texas Voter ID Case Before Supreme Court

The Lawyers’ Committee has posted the Supreme Court documents:

Supreme Court Documents:

Click here for Texas’ Jurisdictional Statement.

Click here for the Lawyers’ Committee’s Motion to Affirm.

Click here for the Justice Department’s Motion to Affirm.

Click here for another intervenor’s Motion to Affirm.

 

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“Bill would curb the power of lower court judges to block potentially unconstitutional legislation”

News from Wisconsin:

Three times over the past two years, signature portions of Republican-passed legislation have been blocked from immediately taking effect because a Dane County Circuit Court judge found the statutes to be unconstitutional.

The rulings against statutes that limited collective bargaining for public employees (Act 10), expanded the governor’s power over administrative rules and would require voters to show a photo ID at the polls have drawn vociferous criticism from Republicans against “liberal, activist” judges on the Dane County bench.

Companion bills introduced in April by Republicans in both houses of the Legislature suggest members of the ruling party have had enough.

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“Pennsylvania Judge in ID Case Says ‘Show Me the Data’”

Doug Chapin:

I’ll admit to being somewhat surprised that the evidence the judge has requested hasn’t already been presented, given the importance of the underlying question. Hopefully, the data will shed at least a little light on the impact of the proposed ID law.

There’s no guarantee it will, however; as we’ve already seen in other courts, once a match is complete the arguments invariably begin about the significance of the results. Moreover, there’s no guarantee that the state (which is responsible for maintaining the voting rolls) will be able to produce the requested data: a spokesperson for the state said it will “do its best to comply” with the requirement to deliver the data by next Tuesday.

While it is encouraging to see this potential development in the Pennsylvania case, it does seems strange to be cheering the use of evidence in a trial. Still, given how little evidence has been brought forth in ID litigation across the country, even this tiny (if obvious) step suggests that we may be inching closer to a greater use of data in the fierce fights over voter ID and other election policy issues across the nation.

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“Voter ID Bill Passes NC House on Party Lines”

AP reports. [corrected link]

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“NC poll finds support for voter ID drops with more information about alternatives, impact of laws”

Facing South blogs.

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“Top Iowa Elections Official: Pass Voter ID So The GOP Can Kill Abortion Rights And Marriage Equality”

Think Progress blogs.

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“Data shows fewer lack photo IDs”

AP from North Carolina: “New data from the State Board of Elections show far fewer voters lack photo identification than critics of a voter ID bill suggest. The new information roughly halves the potential number of registered voters without photo ID from the 612,000 in a January report to about 318,000….Ray Starling, the general counsel for Speaker Thom Tillis, argues the number is likely even less because about 115,000 of those identified in the latest analysis have not voted in the last five elections.”

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“Arkansas’ GOP-led Legislature passes voter ID law”

AP: “Arkansas legislators passed a law Monday requiring voters to show photo identification at the polls, overriding Democratic Gov. Mike Beebe’s veto of the bill, which he called an expensive solution to a non-existent problem.”

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“McDonnell signs bill requiring photo ID for voting”

Richmond Times Dispatch: “Gov. Bob McDonnell has signed legislation requiring voters to present photo ID at the polls.”

The law now requires approval from DOJ or a court under section 5 of the Voting Rights Act.

 

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“Arkansas governor vetoes bill requiring voters to show photo identification at polls”

AP reports.

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“Study finds voter ID laws hurt young minorities”

Politico: “As a handful of state legislatures around the country consider enacting stricter voter ID laws, a new study finds that young people – and especially young minorities – are disproportionately affected by those laws when they go into effect. According to the study, previewed before its release to POLITICO, significantly more minority youths age 18-29 were asked to show identification than white youth: 72.9 percent of black youth were asked for ID, compared with 60.8 percent of Latino youth and 50.8 percent of white youth.”

See also Doug Chapin on a new Pew report on “Teens and Technology.”

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“True The Vote Fudges the Numbers in New Turnout Study”

FairVote:

True the Vote, an organization dedicated to eradicating voter fraud through controversial methods, issued a report on February 27 concluding that voter ID laws and other election changes allegedly meant to reduce voter fraud not only did not have an adverse impact on turnout in the 2012 elections, but may have helped to increased turnout. Its findings have been trumpeted by many news outlets who do not believe such laws suppress voter turnout.

But it turns out the report’s authors made a huge methodological mistake. They compared turnout of eligible voters in 2008 to turnout of registered voters in 2012. Correcting this error reverses their findings. All but one of the states with these new laws experienced a decline in voter turnout, and most experienced a decline greater than the national turnout decline from 2008 to 2012.

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“Testimony Before the Senate Judiciary Committee: ‘The Citizens United Court and the Continuing Importance of the Voting Rights Act’”

Anthony Johnstone has posted recent Senate testimony on SSRN.  Here is the abstract:

This testimony concerns the role of the Supreme Court in reviewing the constitutionality of “laws of democracy,” including campaign finance regulation, election administration, and voting rights enforcement. It compares the different approaches the Court has taken toward two controversies, corporate campaign spending and voter identification laws, and attempts to draw some lessons from the comparison for the Court’s pending review of the Voting Rights Act.

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“Voter ID laws hang in balance as Supreme Court considers Voting Rights Act”

Yahoo News reports.

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Texas Voter ID Appeal Reaches Supreme Court

Here’s the docket.

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“Photo ID voting mandate passes in Virginia, heads to governor”

AP reports. “General Assembly Republicans muscled the most far-reaching of their polling place identification and voter vetting bills to final passage Wednesday with almost party-line House votes on Wednesday over the outcries of Democrats who likened the measures to Jim Crow-era poll taxes.”

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“Voter ID law likely to be postponed until after May primary”

News from PA.

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“A New Approach to Voter ID Challenges: Section 2 of the Voting Rights Act”

Kathleen Stoughton, instrumental in organizing the recent, excellent GW election law symposium, has written this student note for the GW Law Review. Here is the abstract:

In response to growing concerns about the integrity of the electoral process, state legislatures across the country have adopted voter ID laws, which require voters to present a qualifying form of identification before casting a ballot in person. By late 2012, nine states had passed strict voter ID laws requiring those voting in person to present a valid, government-issued photo ID. These laws disproportionately disenfranchise minority voters, who are much more likely than their white counterparts to lack a valid ID.

There are no constitutional remedies available, as the Supreme Court has upheld voter ID laws against facial constitutional challenges, and as-applied constitutional challenges are not a feasible method of challenging laws with such a widespread effect. Although section 5 of the Voting Rights Act of 1965 can keep discriminatory voter ID laws from being enacted in a limited number of jurisdictions, the Supreme Court has expressed skepticism about the provision’s continued constitutionality. This Note argues that a remedy can be found in section 2 of the Voting Rights Act: plaintiffs can challenge strict voter ID laws by showing that they so disproportionately affect minority voters that they dilute the vote of the minority group as a whole, effectively abridging the right to vote on account of race or color in violation of the Voting Rights Act.

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A Quick Reminder on Voter Fraud

With news of possible fraud claims coming out of Hamilton County, Ohio, it is worth remembering that vast majority of the relatively small number of cases involve either election officials committing fraud, or voters, candidates, and others committing absentee ballot fraud.
The problem is that the supposed cure—voter id—does not stop these main types of fraud.
If John Fund and others started a serious push to eliminate the use of absentee ballots, then I would take their concerns about voter fraud much more seriously. But it is not a part of the antifraud measures proposed and adopted by those who claim this is a major problem.

UPDATE: John Fund sent an email response to the election law listserv, which I am posting here with his permission:

Rick (whose book I read and found much to agree with in)  says he would take my concerns about voter fraud more seriously if I and others  ”started a serious push to eliminate the use of absentee ballots.”

That is strange. No one serious calls for ELIMINATING absentee ballots. They are needed by old people, bedridden people, military voters, expats and people who travel a great deal. In “Who’s Counting: How Fraudsters and Bureaucrats Put Your Vote At Risk,” my co-author an I call for absentee ballot REFORM and vigorously. The chapter is entitled “Absentee Ballots: the Tool of Choice for Vote Thieves.”
Indeed, I have gotten into hot water with some Republicans for criticizing some state legislatures that have not passed comprehensive anti-fraud efforts that include Photo ID, absentee ballot reform and cleaning up voter rolls despite the federal strictures on that activity.
 As the liberal Talking Points Memo wrote last August:

Fund said that many voter ID laws “take some provisions to curb absentee ballot fraud,” with a few exceptions. But he confessed that Democrats had a point when they say that Republicans focus on voter ID because of a potential electoral advantage.

“I think it is a fair argument of some liberals that there are some people who emphasize the voter ID part more than the absentee ballot part because supposedly Republicans like absentee ballots more and they don’t want to restrict that,” Fund said. “But the bottom line is, on good government grounds, we have to have both voter ID laws and absentee ballot laws.”

Just last Wednesday, my co-author and I were in Raleigh, North Carolina on a panel with two liberal opponents of Photo ID laws. We all agreed that absentee ballot fraud was a real problem, however the two opposing panelists declined to endorse any specific legislation to combat it despite a clear invitation to do so.

I thank John for the correction about his views.  Good to know there is some common ground.  It is notable that in the Republican/ALEC push to take anti-fraud measures, limiting the use of absentee ballots was never part of any serious discussion.  And it remains so to this day. Instead we have a heavy push for state voter id laws, which do very little, if anything, to address election official fraud and absentee ballot fraud.  The mismatch makes me question the motives of those pushing these laws.

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“Supporters, opponents of voter ID repeal speak out at hearing”

News from NH.

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“Spurned Bolling backs Democrats in tie voter ID vote”

AP reports from Virginia.

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TAP on How Opponents Defeated Minnesota ID Ballot Measure

Important TAP piece.

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“The biometric solution(s); On voter fraud and illegal immigration, high-tech ID cards could help.”

Bob Pastor has written this LA Times oped.

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“Appeals court rules on news media access to polling places”

Post-Gazette: “Media organizations in Pennsylvania don’t have the right to report from, or take photos and video within, polling places, the 3rd U.S. Circuit Court of Appeals ruled yesterday. The 53-page opinion by three judges comes in response to a Pittsburgh Post-Gazette lawsuit against the state and the Allegheny County Board of Elections in which the newspaper sought court permission to report on the voter sign-in process, particularly in light of the implementation of new voter identification rules.”

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Voter ID and the Next Wisconsin Supreme Court Election

Two lower court judges, both Democrats, put Wisconsin’s voter id law on hold for the 2012 elections.  The state supreme court, mired in other controversies, refused to get involved before the election.

But the case will eventually make it back to the state Supreme Court.  And the Milwaukee Journal-Sentinel explains how the outcome of the voter id case may depend upon whether an incumbent conservative Justice is reelected or is replaced by a more liberal justice.

One of the incumbent’s competitors is Marquette U. Law professor Ed Fallone.  According to the article: “Fallone wrote in an October 2011 blog post that any challenge to voter ID laws ‘faces an uphill battle under existing judicial precedent,’ but he also went on to write that there may be two possible ways to successfully challenge Wisconsin’s law. He did not take a position on the law itself, but said that groups that oppose voter ID laws should work to help voters get IDs and elect lawmakers who would repeal such laws, rather than focus on litigation.”

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“Any voter ID law will face legal, GOP obstacles”

AP: “But getting a bill to [incoming North Carolina governor] McCrory won’t be simple, with some lawmakers insistent on a tough photo ID measure and others comfortable with some non-photo documents. And while 11 states required voters to show some form of photo identification in November, photo ID laws in six other states were in legal limbo for 2012, according to the National Conference of State Legislatures.”

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“Voter ID Battle Set to Rage Again”

Politico reports.

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“What’s Lost if the Voting Rights Act Falls? Minority voters will lose a key bargaining chip”

I’ve written this Jurisprudence essay for Slate.  It begins:

Odds are, the Supreme Court will strike down a key provision of the Voting Rights Act after hearing a case from Alabama that will be argued next month. If the part of the law called Section 5 does indeed go down, minority voters in Southern states and elsewhere will lose a key bargaining chip. Section 5 has enabled them to beat back some attempts to make it harder for them to vote, and helped insure that the gains they’ve made in representation and redistricting are not rolled back. As another recent fight over South Carolina’s voter ID law shows, Section 5 still serves a vital role in an era in which partisan legislatures may manipulate election laws for political gain

I talk a lot about the recent South Carolina case over voter id. Last Friday, the judges hearing the South Carolina case agreed that South Carolina had won enough of its case to be entitled to recover its costs from the United States.  But while some like Hans von Spakovsky portray the fee award as a big loss for the government, that misses the point. DOJ was right to bring this suit against a harsh voter id law, and the law which was approved was very different from the one originally submitted; the real winners of the litigation are the minority voters in South Carolina who ended up with a much better law.

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“North Carolina Voter ID Law Could Impact 613,000 Voters, Report Says”

Ryan Reilly for HuffPo: “As Republicans in North Carolina make a renewed push to pass a voter ID law, a new report from the State Board of Elections suggests that nearly one in ten voters lack state-issued photo identification. The report shows that up to 613,000 voters, about 9.25 percent of all registered voters in North Carolina, lack state-issued photo identification. Former Gov. Bev Perdue (D) vetoed a voter ID law passed by the Republican-controlled legislature in 2011. But current Gov. Pat McCrory, a Republican, spoke out in favor of the law on the campaign trail and has promised to sign it if it reaches his desk.”

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“Attorney general rivals offer bills to require photo ID to vote”

 

News from Virginia: “A year after controversial voter identification legislation passed the Virginia General Assembly, several Republican lawmakers are proposing even greater restrictions on the identification required to cast a ballot, including the requirement of photo identification. Del. Robert B. Bell, R-Albemarle, will introduce what he terms “Photo ID — No Exceptions,” a measure that would require voters to present valid government-issued photo identification in order to vote. Acquiring the identification would also require proof of U.S. citizenship, which the Virginia Department of Motor Vehicles requires to obtain identification.”

 

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“SC’s voter ID lawsuit cost $3.5 million; But court rules federal government must cover some of the costs”

The State: “It cost South Carolina $3.5 million to sue the federal government over the state’s voter ID law – but the federal government will have to pay some of that bill. Late Friday, a court ruled that because South Carolina was the “prevailing party,” the federal government had to pay some of South Carolina’s expenses.”

 

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“Voter ID 2013″

NCSL’s “The Thicket:”

Post #1

Post #2

 

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“Crist to testify against voter ID laws”

Politico: “Testifying with Crist will be Nina Perales of the Mexican American Legal Defense and Education Fund as well as Gilda Cobb Hunter, a Democratic member of the South Carolina legislature who has opposed voter ID laws.”

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“Speedy Appeal on Voter ID Law”

Lyle Denniston at SCOTUSBlog: “The time may be short for the Supreme Court to act on the state of Texas’s power to impose a new voter photo ID law, but the state nevertheless plans to pursue a prompt appeal in hopes of a quick final decision, perhaps during the Justices’ current Term.  The state got permission on Monday to pursue an immediate appeal from a three-judge U.S. District Court in Washington.  That court had ruled against the voter ID law in August.”

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“Panel clears way for appeal of Texas voter ID ruling to SCOTUS”

Texas Redistricting has analysis and the order.

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“Scott Tranter, Republican Consultant: Voter ID And Long Lines Help Our Side”

Must see (HuffPo) TV.

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“‘True the Vote’ Fakes the ‘Voter Fraud’”

The Brad Blog delves into TTV’s claims of voter fraud.

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Ross Miller’s Self-Inflicted Voter ID Wound?

Read Ralston Reports.

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“Alaska lawmaker plans push for voter photo ID law”

AP reports.

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“Voter ID: Five Considerations”

That’s the lead story in the latest issue of NSCL’s “The Canvass.”

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“Nevada’s New Voter ID Proposal: Election Geek Jujitsu?”

Doug Chapin: “I’m not sure that the issues of cost and lack of fraud are enough to kill the proposal, however. Indeed, it looks to me like Miller’s goal in making this proposal (and spending the money) is not to prevent fraud but rather to end the voter ID debate in a way that simultaneously improves the state’s election process.

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“DOJ, South Carolina squabble over who won voter ID case”

The National Law Journal reports.

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“Clark County elections chief endorses voter ID proposal”

LVRJ: ‘The head of the Clark County Election Department on Monday supported Secretary of State Ross Miller’s proposal to use photos to verify voters’ identities at the polls, arguing a new system could make it easier for election workers and cut down on intimidation.”

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“Nevada Democratic leaders oppose voter photo”

AP: “A proposal by Democratic Secretary of State Ross Miller to seek a voter photo requirement in the upcoming Legislature appears dead before arrival, with legislative leaders of his own party expressing opposition.”

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“Editorial: Voter fraud gets another spin”

Will Va.’s voter i.d. law be narrowed?

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“Texas Voter ID Suit May Await Related High Court Ruling”

Bloomberg: “The U.S. Justice Department agreed to defer further proceedings in a lawsuit filed by Texas over the state’s voter identification law until the Supreme Court rules whether part of the Voting Rights Act is constitutional.”

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“Ohio voter IDs won’t see change”

AP reports.

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Democratic Nevada Secretary of State Comes Out in Support of Photo Voter ID

Under Ross Miller’s proposal, “the photos on residents’ drivers licenses would be placed with their voter registration records and in poll books at election locations. People without any DMV-approved identification but who are registered would be required to have their picture taken by poll workers and to sign an affidavit that they are the person they represent the first time they vote after the law goes into effect.”

 

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“What Effect, if Any, Did Voter ID Laws Have on the Election?”

ProPublica reports.

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