2008 Voter Suppression Hangs on Supreme Court Decision

- Voter ID laws like Indiana's have been rejected by Congress for unconstitutionality, Ellison wrote. “Indeed, the Senate Conference Report on HAVA highlights this concern: [A]s with the other methods of disenfranchisement in American history, such as literacy tests and poll taxes, the photo identification requirement would present barriers to voting and have a chilling effect on voter participation. There are voters who simply do not have identification and requiring them to purchase photo identification would be tantamount to requiring them to pay a poll tax.”

Voter ID disenfranchises low-income and less educated voters (Rock the Vote, et al.; R. Michael Alvarez, et al.)

Voters with less income and education are most affected by voter ID requirements, according to a study co-authored by Alvarez. High school graduates (21%) are more likely to be without valid identification than college graduates (11%), the Washington Institute study reported. The findings are almost identical to statistics on voters without valid ID based on income: those earning less than $40K per year (21.1%) were more likely to be without proper ID compared to those earning $40K-$80K at 12.7%.

Voter ID laws are implemented at the discretion of poll workers and election officials (League of Women Voters; Asian American Legal Defense; R. Michael Alvarez, et al.)

“The Voter ID Law does not define 'conform[ ]'(much less resolve how a voter with several variations of her name should be treated) and it does not explain how the similarity or dissimilarity in likeness of the person pictured on the proof of identification to the prospective voter is to be determined,” the LWV amicus brief noted. “Nor does the Voter ID Law require any specific training in the consistent application of these criteria.”

There are less onerous methods of attaining election integrity ( Professor Rick Hasen; Rep. Ellison; Lawyers Committee for Civil Rights Under Law, et al.; Brennan Center, Project Vote, et. al)

- Voter ID law is not needed to prevent possible voter fraud. Of the seven states that require photo ID, Indiana and Georgia are the only states that do not provide a “less burdensome” alternative for voters without a photo ID, such as Michigan, which allows voters to sign an affidavit.

- There are other ways for Indiana to achieve its objective through less burdensome means, including adopting the methods of other states that ask for utility bills or match signatures for absentee balloting.

- As a result of the dramatic rise in election administration disputes and the decline in public confidence in the electoral system since 2000, the court should articulate clear and fair standards to resolve election administration disputes, wrote Loyola law professor, Rick Hasen.

If the Supreme Court upholds Crawford, then voting rights advocates should brace for a flood of voter ID bills to be introduced into state legislatures across the country. Project Vote will be tracking these and all election-related laws in states with large populations or histories of election irregularities through our ElectionLegislation.org website.

Also, Rep. Ellison’s bill in Congress would regulate the ability of states to pass and enforce voter ID laws. You may find out more about the bill here and contact Rep. Ellison’s office here.

Finally, if you would like to read the full text of all 24 Crawford v. Marion County Election Board amicus briefs, follow this link.

Quick Links:

Websites and Blogs:

The Brennan Center For Justice

Election Law Blog

ElectionLegislation.org

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