Who Gets To Vote? States Battle Over Voter ID and Election Day Registration

Cross-posted at Project Vote’s blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

In light of the U.S. Supreme Court’s decision to uphold Indiana’s voter ID law, the state-by-state battle to pass similar legislation has escalated with politicians seeking partisan gain furiously pushing laws that hinder access to the ballot. However, lawmakers seeking to dismantle barriers to electoral participation are just as committed to election integrity and protecting the voting rights of potentially millions of voters by calling out voter ID laws as “sheer political posturing.” Meanwhile, positive measures to increase participation through Election Day Registration (EDR) are gaining ground in several states even as Iowa prepares to test-drive its new EDR law in the June 3 primary.

Voter ID

Last week, two states introduced new voter ID bills, including adjourned state, Mississippi. The state – which convened for a “costly special session” – introduced two new voter ID bills after seven failed at the end of the 2008 regular session in April. One bill, S 2004a passed, but is expected to die in the House, according to Jackson, Miss. publication, The Clarion Ledger. The other state, North Carolina introduced voter ID bill, H 2284, explicitly citing the Supreme Court’s Indiana decision and the state’s unspecified “voter fraud history” as reason to enforce voter ID.

This week, stubborn Illinois politicians extended the deadline to pass voter ID bill, H 4403 for the third time since the bill was introduced in January. The state is projected to adjourn on May 29. Illinois’ openness to continued efforts to pass a voter ID bill was not mimicked in Massachusetts on Tuesday when lawmakers blocked an effort to allow voter ID legislation in the city of Lawrence, according to The Eagle Tribune.

The Lawrence bill passed the city council in February in hopes of silencing “frequent rumors of electoral fraud and voter mischief,” the mayor, Michael Sullivan, said. In another interview, Sullivan admitted he was not aware of actual voter fraud in the state, the Eagle Tribune reported. Even on the national level, voter fraud is exceedingly rare. Between 2002 and 2005, the federal government was able to secure just 24 voter fraud convictions out of 214 million ballots cast in federal elections during the same period, according to Project Vote report, The Politics of Voter Fraud.

Despite nine pending voter ID bills, such legislation is unwelcome in Mass., having a “powerful enemy” in chief election officer and Secretary of State William Galvin and organizations such as MassVote and the state ACLU, which “contended requiring voter ID was an unreasonable burden on voter access.”

While the Mass. legislature blocked the bill to avoid setting “a precedent of allowing individual communities to have different election laws,” Delaware politicians were less concerned with confusion and disenfranchisement. State law allowed Milton city councilors to pass a bill to require both proof of citizenship to register to vote and voter ID to cast a ballot.

This legislative session, Project Vote has monitored 25 states that introduced numerous voter ID bills. Currently, six states are still considering such legislation. To track some of these bills, visit ElectionLegislation.org (registration required).

Election Day Registration

On the positive side of election reform, several states are considering or preparing to implement a measure that “significantly increases the opportunity to cast a vote and participate in American democracy.”

Iowa will “test” a new law allowing citizens to both register and vote on Election Day during the June 3 primary, according to the Associated Press. “It will be a good test for the county commissioners, because in November there will be a flood of people,” said Secretary of State Michael Mauro.

The AP noted fears of voter fraud as a result of convenient registration procedures like EDR.

However, “administered effectively, Election Day Registration may actually provide more security for the ballot, not less,” according to Demos, a research and advocacy organization. “As the secretary of state of Minnesota [Mark Ritchie] recently put it, ‘EDR is much more secure because you have the person right in front of you—not a postcard in the mail. That is a no-brainer. We have 33 years of experience with this.’”

Election Day Registration helps enfranchise historically underrepresented communities, including minorities and young people. Currently, eight states allow same day registration, most of which boast a turnout rate 10-12 percent above the national average, Demos reports.

Last week, Ohio joined the ranks of seven other states that are currently considering EDR. The state introduced House Joint Resolution 6 to provide for same day registration. It is currently in the House committee on State Government and Elections. Same day registration is also being considered by Congress. Earlier this month, Sen. Russell Feingold introduced an EDR bill, S 2959. The bill is currently in the Senate Committee on Rules and Administration. To monitor Election Day Registration bills, visit ElectionLegislation.org or Demos.org.

Quick Links:

Voter ID:

Bills and Contact:

Miss. Senate Bill 2004a
Sponsor: Sen. Terry Burton (R-31)

Resources:

BLOG: Counter framing Voter ID: Voting is a Right, Not a Privilege. Voting Matters Blog.

Citizens Without Proof: A Survey of Americans’ Possession of Documentary Proof of Citizenship and Photo Identification. Brennan Center for Justice at NYU School of Law.

EDR:

Bills and Contact:

Mass. S 2514
Sponsor: Joint Committee on Election Laws

Mich. H 410
Sponsor: Rep. Bettie Scott (D-3)

Neb. L 803
Sponsor: Sen. Ray Aguilar (NP-35)

N.J. S 141
Sponsor: Sen. Raymond Lesniak (D-20)

N.Y. A 4488
Sponsor: Asm. Michael N. Gianaris (D-36)

N.Y. S 581
Sponsor: Senate Rules Committee

Ohio HJR 6
Sponsor: Rep. Tyrone K. Yates (D-33)

Okla H 3035
Sponsor: Rep. Ryan McMullen (D-55)

Resources:

www.Demos.org

In Other News:

The Vote Fraud Bogeyman: Evidence suggests that rampant voter fraud is a myth, and voter-ID laws may suppress votes rather than protect them – Newsweek
Just as a sizable fraction of American children firmly believe in a bogeyman in the closet, many American adults are gripped by the paranoid fear that the opposing political party regularly steals votes-Democrats allegedly do this through vote fraud (i.e., casting ballots for dead people) and Republicans apparently do so through vote suppression (i.e., preventing voting through intimidation or misinformation).

Arizona to seek dismissal of challenge to voter ID law – Associated Press
State officials say a challenge to Arizona requirements for voter identification and proof of citizenship should be thrown out in the wake of a U.S. Supreme Court decision upholding Indiana’s voter ID law.

Erin Ferns is a Research and Policy Analyst with Project Vote’s Strategic Writing and Research Department (SWORD).