“The Power of Mythical Fraudulent Voters”

David Shorr:

So here is an issue where one of the GOP fallacies literally tilts the burden of proof. In other words, the fallacy of fraudulent voters has pushed aside more fundamental questions about the need for ID in the first place. Why wouldn’t a voter’s signed affidavit on their identity be enough to protect against fraud? The Court of Appeals opinion goes on to cite the Supreme Court’s 2008 decision in Crawford v. Marion County that declared trips to the DMV to obtain ID as not being an onerous burden. But when experience with the voter ID laws began revealing the large number of (disproportionately minority) citizens who lack drivers licenses—and the should-have-been-obvious difficulties for hourly wage-earners with inflexible schedules to get to a DMV—the supposedly light burden has been a hotly contested question. And by the way, one of the most forceful voices on the other side has been the eminent conservative jurist Judge Richard Posner, who sits on the Seventh Circuit Court of Appeals but was not part of the panel for the Wisconsin case. As I say in the book, one of the larger issues here is the blind spot of judges in a privileged social class who are clueless about the millions of Americans for whom a trip to the DMV is no small thing.

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