John Fund Piece on Pa Voter ID Decision Quotes Judge Posner’s Crawford Decision But Neglects to Mention the Judge’s Doubts



As for allegations that there is scant evidence that people commit voter fraud at polling places, the Seventh Circuit Court of Appeals addressed these when it upheld Indiana’s voter-ID law:

There is voter fraud, specifically the form of voting fraud in which a person shows up at the polls claiming to be someone else — someone who has left the district, or died, too recently to have been removed from the list of registered voters, or someone who has not voted yet on election day. Without requiring a photo ID, there is little if any chance of preventing this kind of fraud because busy poll workers are unlikely to scrutinize signatures carefully and argue with people who deny having forged someone else’s signature. . . . The absence of prosecutions is explained by the endemic underenforcement of minor criminal laws (minor as they appear to the public and prosecutors, at all events) and by the extreme difficulty of apprehending a voter impersonator.

Would have been nice for Fund to mention Judge Posner’s recantation/doubts about this analysis.


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