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Reason, Common Sense Guide Voter ID Decision PDF Print E-mail
by Bill Murchison    Mon, May 5, 2008, 12:03 PM

Just what we need, perhaps — another court decision calculated to invite the Democrats to trench warfare with the Republicans.

On the other hand, the U. S. Supreme Court’s 6-3 stamp of approval this week on Indiana’s voter ID law is a rare kind of decision these days: one notable for sanity of outcome and clarity of diction.

All the court says, in Crawford vs. Marion Co. Election Board, is that a state can require voters to prove their identity.

There’s something wrong with proving your identity?  I used a credit card the other day in some context or the other, and the clerk asked to see my driver’s license.  

The experience made so little impression on me I can’t quite remember the venue. Had  I presented a just-written check, likely the clerk would have copied down the information on the back of the check. Big deal. So what?

Yet a New York Times editorial portrays the Indiana law — passed by Republicans, with nary a Democratic “yes” vote — as meant “to disenfranchise groups that lean Democratic.”

It’s the same curious reasoning that prevented the Texas Senate last year from passing a photo ID bill. Republicans were trying to disenfranchise Democrats — couldn’t we tell by watching?  

No, we couldn’t tell by watching. It looked for all the world like an attempt to bring to the electoral process a higher level of scrutiny, hence of trust in outcomes, especially hotly disputed outcomes.

But, hey, here was a chance for Democrats to shine in their courtship of lower-income voters, especially Hispanics. Why, those Republicans — grrrrr, just to think about made you furious — actually wanted only real voters to exercise the franchise! The nerve!  The effrontery!

It was quite a show the Democrats put on, crowned with the success that high political drama often enjoys. The Democrats actually had one argument that wasn’t an insult to normal intelligence: to wit, which the “fake voter” problem wasn’t in reality a very large problem — to date. Why the state couldn’t anticipate and try to foreclose the appearance of such a problem was a question that never found a plausible answer. It was plain to all who opposed it that the photo ID bill was a naked attempt to scare off perfectly eligible, non-Republican voters.

Significantly, Indiana’s photo ID law won approval not only from court conservatives but also from swing man Anthony Kennedy and the court’s most liberal justice, John Paul Stevens. The latter could find no “concrete evidence of the burden imposed on voters” lacking photo ID.

Indeed the Indiana statute provides outs and bypasses for such voters. No driver’s license?  A current passport or a birth certificate will suffice.  

Got neither on hand?  The law provides for a provisional vote in that case. The voter may return within 10 days to show the proof that was missing on election day.

 Too poor, still, to have a birth certificate?  The voter may swear indigence.  Or he may plead, also on his oath, religious scruples against photos.

What more should Indiana do to make sure the voter is who he says he is?  Run a taxpayer-financed DNA check?

Photo ID laws in the handful of states that now have them, and the much larger number that will surely consider them, the Supreme Court having lighted the way, have to do with growing concerns over the fast-growing presence among us of undocumented aliens.

The desire to prevent crooked politicians (a type without partisan identity) from stuffing ballot boxes with the votes of non-citizens can hardly be called racist or unreasonable. Except by those more concerned with outcome than process.

The franchise, as everyone acknowledges, is a safeguard of liberty. Wouldn’t you suppose that was reason enough to protect its integrity?  Long gone are the days we reserved the vote for the supposedly best and brightest.

Pretty much everyone nowadays votes, or at least enjoys the entitlement. That particular politicians won’t accede to calls for the bare-minimum policing of voter rolls isn’t an agreeable fact to digest.

That the nation’s highest court will accede is better than agreeable, it’s cause for the champagne bucket. Let’s celebrate enjoy common sense in government every rare opportunity we get.

Comments (24)add comment
...
written by HSH , May 06, 2008

Clearly you haven't read the two majority opinions and the dissent. For a man who crows endlessly about "judicial activism" the two majority opinions are prime examples of your own definition of that broad term. The justices who found no concrete evidence of burden did so because this case was a facial challenge. Maybe you don't know what that means either. As to Stevens, most court watchers say he signed on only to keep the Scalia opinion from being the majority. That doesn't mean he signed onto its reasoning. This ruling only raises more questions than it answers. Two years from now this discriminatory law will be back before the Justices with many stories of U.S. citizens who were prevented from voting in the upcoming election. Then the American shall see how activist this Court has become.


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written by Byron George , May 06, 2008

Nothing wrong with requiring voter id. Medicare, Medicaid, cashing a check, using a credit card, etc. There are few things in life one can do without ID. The ID's should be free otherwise it could be constituted as a poll tax.


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written by Bob Reagan , May 06, 2008

The only possible explanation for opposition to requiring voter identification is to leave open ballot box stuffing opportunities for those inclined to do so. As Bill says, election fraud is non-partisan, but historically there appears to have been more from the Democrat ranks. There are places where high percentages of the occupants of cemeteries come alive on election day. Maybe they have something there.



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written by xyz , May 06, 2008

Let's just try the case now, since HSH can tell us what the facts will be, in his usual elitist tone.


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written by lol , May 06, 2008

Yes, I, for one know what a facial challenge is. We will have the as-applied challenge later, which will also fail.


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written by HSH , May 06, 2008

Mr. Reagan: Unfounded rhetoric is cheap. There is no evidence of voter impersonation in Dallas County. There is little evidence of voter impersonation in TX -- check the transcript of the House Elections Committee 02/08 hearing in Austin. The alleged voter fraud you may be talking about, if any, has occurred in mail-in ballots in the past. Voter I.D. does nothing to change that problem. If the ID is free, and obtainable WITHOUT an original birth certificate or passport, then let's talk about it. Otherwise, it will end up suppressing votes, not encouraging them. That would, as Byron said, constitute a poll tax. Something I think even Republicans would find repugnant.


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written by Paul Barnes , May 06, 2008

From the AP:

About 12 Indiana nuns were turned away Tuesday from a polling place by a fellow bride of Christ because they didn't have state or federal identification bearing a photograph.
Sister Julie McGuire said she was forced to turn away her fellow sisters at Saint Mary's Convent in South Bend, across the street from the University of Notre Dame, because they had been told earlier that they would need such an ID to vote.

The nuns, all in their 80s or 90s, didn't get one but came to the precinct anyway.

"One came down this morning, and she was 98, and she said, 'I don't want to go do that,'" Sister McGuire said. Some showed up with outdated passports. None of them drives.

They weren't given provisional ballots because it would be impossible to get them to a motor vehicle branch and back in the 10-day time frame allotted by the law, Sister McGuire said. "You have to remember that some of these ladies don't walk well. They're in wheelchairs or on walkers or electric carts."




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written by ElHombre , May 06, 2008

It seems God has a sense of humor and he's using it to embarass voter ID supporters. I hope y'all are proud of yourselves, you've helped prevent the first possible case of voter fraud in Indiana. You can't say you weren't warned.


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written by Byron George , May 07, 2008

What would keep me from showing up at a polling place, giving them a name that happened to be in the precinct and I voted? You show up and the workers check their records and say "sorry, we show you have already voted."
Come on folks, there is no legitimate reason not to require ID when voting. NONE



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written by Byron George , May 07, 2008

BTW El Hombre,
I'm not embarrassed at all. The nuns were told they needed ID.
Go get the ID.



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written by HSH , May 07, 2008

I'm embarrassed. Indiana won't let you use an expired passport for an extremely elderly nun who is no longer going on international voyages so she doesn't renew the passport because the fee to reinstate is expensive. Why can't she use the expired passport? That's just stupid.


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written by ElHombre , May 08, 2008

Byron, they will have to PAY for an ID. That's an illegal poll tax, especially since I doubt all of them can get a DL.


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written by Rex , May 08, 2008

If voter fraud is such a problem then maybe someone could show us the arrests and prosecutions for those committing it.


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written by Byron George , May 08, 2008

There is only one reason anyone can be against voter id. They are ok if illegals or dead folk vote.
I will say that when voter ID is required it should be at no cost.



...
written by HSH , May 08, 2008

Byron: You still haven't addressed the real problem -- who can't meet the original documentation requirement through no fault of their own, which constitutes a large number of folks. Why not answer that?

To say that I'm for "illegals or dead folk" voting is just absurd and you know that.



...
written by Byron George , May 08, 2008

HSH,
Ok, I will address it to the best of my ability. Most people have paid social security and if past 62 are drawing from social security. They had to convince SSI they are who they are. Everybody has some form of ID. Personally the nun with the expired passport should have been allowed to vote. Picture id is not a big deal as long as it is no cost to the voter.

I must ask you why you are so against voter id.

Isn't it possible; if I knew your name and the precinct you voted in that I could show up, claim to be you, also claim to have left my wallet at home and vote as you. I know that is hypothetical but couldn't it happen?

BTW, I do not wish to take anyone's right to vote away and if they are legal citizens I will do anything to help them vote. My concern is for those who may have an occasion to commit voter fraud. Neither you nor I want anyone to vote who does not have that right.



...
written by ElHombre , May 08, 2008

Byron, about your 'free ID' idea. Take note of the story about how the DPS is taking forever to clear concealed handgun permits due to a lack of staff. Care to think about the consequences of 'free ID' under the same circumstances, especially with Texas' history regarding poor and minority folks? Note how DA Watkins is having to spend a ton of time and money just getting innocent folks out of jail.

I'd rather not have Texas regress any further into the 19th century, if it's all the same to y'all.



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written by HSH , May 08, 2008

Byron: I never had to convince SSI who I was in 1972 when I applied for a social security card. I filled out a form, signed my name under penalty of perjury and (drum roll) I got a card in the mail.

The nun COULD NOT be allowed to vote BECAUSE IN INDIANA THE LAW REQUIRES THE I.D. TO BE UNEXPIRED. If they allowed the nun to vote it would be COMMITTING VOTER FRAUD, the very thing you detest. Why can't you understand this? It's simple and you are a very smart guy.



...
written by Byron George , May 08, 2008

I'm not trying to be dumb on this issue. Question: Without voter id is the likelihood of voter fraud less or greater?
I state again, I do not wish for anyone to lose their right to vote. Showing up and saying my name is Byron George should not be good enough. Look, I live in a small community and have known the election judges all my life. Let me walk in there without my voter id card and you would think I had committed murder. They know me so they can look me up on the roll. Now I'm sure in larger districts the judges do not know all the people. If I go in without my voter id and say I'm HSH and have no verification and they let me vote then I have committed voter fraud and you will not be able to vote.
Again, I am against ID costing the voter one dime.



...
written by ElHombre , May 08, 2008

Of course, let's not forget the real reason 'voter ID' is such a hot issue for Republicans: It keeps them from having to go out and EARNING the votes of the people most likely to be affected by these laws.

Voter supression is the first and only reason this issue has come up, not for any farcial excuse about the nonexistent problem of voter fraud.



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written by Byron George , May 09, 2008

No, the real reason is nobody should want anyone who is not a legal voter to vote.


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written by HSH , May 09, 2008

Byron -- Okay, so voter impersation, although it has NO documented history in TX, could happen. Anything is possible. I could rob a bank tomorrow. Highly unlikely, but possible. So, should Texas bar me from entering my bank to keep me from robbing it?

You didn't attempt to address my explanation of the nuns being denied the vote. That is what happens when laws are passed. Individual discretion goes out the window. It has no application. Currently, every voter votes under penalty of perjury. The real place to start to address this is better training and pay for election judges. The entire argument for voter id rests on insecurity. If a more professional election staff would resolve your insecurity, why not start there rather than beginning with the most harsh remedy -- barring voters from the polls?



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written by HSH , May 09, 2008

Byron -- I forgot to add one thing -- just showing up at the polls and saying you are Byron George is not enough. You need to have a voter registration card in your hand. If you don't, you need to have an ID as prescribed under HAVA in your hand and your name needs to be on the voter rolls.


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written by ElHombre , May 19, 2008

Time for some facts to enter this discussion. The DMN wrote a story about Texas AG Abbot's pursuit of 'massive voter fraud'. Two years and 1.4 million taxpayer dollars later, they found 26 cases. All Dems, almost all elderly, black, and latino. Of the 26, only eight (8) appear to be actual cases of fraud. Most of the remaining 18 cases involved legitimate voters casting legitimate ballots, but needing other people to mail them in (a technical violation that any non-hack official would typically ignore).



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