Voter ID –Voter ID –Protecting the Integrity of Protecting the Integrity of

ElectionsElections

Hans A. von SpakovskyHans A. von Spakovsky

Senior Legal FellowSenior Legal Fellow

Center for Legal & Judicial StudiesCenter for Legal & Judicial Studies

The Heritage FoundationThe Heritage Foundation

hans.vonspakovsky@heritage.orghans.vonspakovsky@heritage.org

Virginia Senate Bill No. 1256Virginia Senate Bill No. 1256

Individuals voting in person must show either:Individuals voting in person must show either: Virginia driverVirginia driver’’s licenses license U.S. passportU.S. passport Photo ID issued by local, state, or federal Photo ID issued by local, state, or federal

governmentgovernment Student photo ID issued by Virginia collegeStudent photo ID issued by Virginia college Employee photo ID issued by employerEmployee photo ID issued by employer Photo voter registration cardPhoto voter registration card

Free Photo IDFree Photo ID

Senate Bill No. 1256 specifies that the Senate Bill No. 1256 specifies that the Virginia State Board of Elections will Virginia State Board of Elections will provide (through General Registrars):provide (through General Registrars):

““voter registration cards containing the voter registration cards containing the votervoter’’s photograph and signature for free s photograph and signature for free for those voters who do not have one of for those voters who do not have one of the forms of identification specified…the forms of identification specified…””

Claims Made about Voter IDClaims Made about Voter ID

““It will impose considerable inconvenience and It will impose considerable inconvenience and expense to solve a problem – voter expense to solve a problem – voter impersonation – that simply does not exist.impersonation – that simply does not exist.””

Richmond Times-Dispatch, March 6, 2013Richmond Times-Dispatch, March 6, 2013

It is un-American…It is un-American…Virginia Democratic PartyVirginia Democratic Party

It is a poll tax…It is a poll tax…Virginia Del. Jennifer McClellan and Sen. Donald McEachinVirginia Del. Jennifer McClellan and Sen. Donald McEachin

It suppresses the vote of minorities, the elderly It suppresses the vote of minorities, the elderly and the poor.and the poor.

Brennan CenterBrennan Center

Voter ID Can PreventVoter ID Can Prevent

Impersonation fraudImpersonation fraud Voting under fraudulent or fictitious Voting under fraudulent or fictitious

registrations – both as to the identity or the registrations – both as to the identity or the residential address of the voterresidential address of the voter

Voting by illegal aliensVoting by illegal aliens Double voting by individuals registered in Double voting by individuals registered in

more than one statemore than one state

Voter ID is not Voter ID is not ““un-Americanun-American””

Americans overwhelmingly support voter ID as a Americans overwhelmingly support voter ID as a common-sense reformcommon-sense reform

That support crosses all racial, ethnic, and party That support crosses all racial, ethnic, and party lineslines

Quinnipiac University Poll of Virginia voters Quinnipiac University Poll of Virginia voters (Feb. 21, 2013) who support photo ID to vote:(Feb. 21, 2013) who support photo ID to vote: 75% of all voters 75% of all voters 79% of Whites & 66% of Blacks 79% of Whites & 66% of Blacks 95% of R95% of R’’s; 57% of Ds; 57% of D’’s, & 78% of Is, & 78% of I’’ss 77% of Men and 74% of Women77% of Men and 74% of Women

Are all of these voters Are all of these voters ““un-American?un-American?””

Voter ID is Not a Poll Tax!Voter ID is Not a Poll Tax!

Every state that has imposed a photo ID Every state that has imposed a photo ID requirement provides a free ID to anyone requirement provides a free ID to anyone who doesnwho doesn’’t have onet have one

This issue was raised in several of the This issue was raised in several of the unsuccessful lawsuits filed against state unsuccessful lawsuits filed against state voter ID lawsvoter ID laws

Courts have rejected the claim that Courts have rejected the claim that incidental costs associated with obtaining incidental costs associated with obtaining an ID are poll taxan ID are poll tax

Common Cause of Georgia v. Common Cause of Georgia v. BillupsBillups

439 F.Supp.2d 1294, 1354 (N.D. Ga. 2006)439 F.Supp.2d 1294, 1354 (N.D. Ga. 2006)

““[Such an argument] represents a dramatic [Such an argument] represents a dramatic overstatement of what fairly constitutes a overstatement of what fairly constitutes a ‘‘poll poll tax.tax.’’ Thus, the imposition of tangential burdens Thus, the imposition of tangential burdens does not transform a regulation into a poll tax. does not transform a regulation into a poll tax. Moreover, the cost of time and transportation Moreover, the cost of time and transportation cannot plausibly qualify as a prohibited poll tax cannot plausibly qualify as a prohibited poll tax because those same because those same ‘‘costscosts’’ also results from also results from voter registration and in-person voting voter registration and in-person voting requirements, which one would not reasonably requirements, which one would not reasonably construe as a poll tax.construe as a poll tax.””

Voter ID Does NOT Suppress Voter ID Does NOT Suppress Turnout or Prevent Anyone From Turnout or Prevent Anyone From

VotingVotingIn federal lawsuit against GeorgiaIn federal lawsuit against Georgia’’s voter ID law, ACLU & s voter ID law, ACLU &

NAACP claimed there were hundreds of thousands of NAACP claimed there were hundreds of thousands of voters w/out ID – couldnvoters w/out ID – couldn’’t find a single witness unable to t find a single witness unable to vote:vote:

““[This] failure to identify those individuals [This] failure to identify those individuals ‘‘is particularly is particularly acuteacute’’ in light of Plaintiffs in light of Plaintiffs’’ contention that a large number contention that a large number of Georgia voters lack acceptable Photo ID….[T]he fact of Georgia voters lack acceptable Photo ID….[T]he fact that Plaintiffs, in spite of their efforts, have failed to that Plaintiffs, in spite of their efforts, have failed to uncover anyone uncover anyone ‘‘who can attest to the fact that he/she who can attest to the fact that he/she will be prevented from votingwill be prevented from voting’’ provides significant provides significant support for a conclusion that the photo ID requirement support for a conclusion that the photo ID requirement does not unduly burden the right to vote.does not unduly burden the right to vote.””

Common Cause of Georgia v. Billups, 504 F.Supp.2d 1333, 1380 (N.D. Ga. 2007)Common Cause of Georgia v. Billups, 504 F.Supp.2d 1333, 1380 (N.D. Ga. 2007)

Indiana Democratic Party v. RokitaIndiana Democratic Party v. Rokita458 F.Supp.2d 775, 822-823 (S.D. Ind. 2006)458 F.Supp.2d 775, 822-823 (S.D. Ind. 2006)

““Despite apocalyptic assertions of wholesale Despite apocalyptic assertions of wholesale voter disenfranchisement, Plaintiffs have voter disenfranchisement, Plaintiffs have produced not a single piece of evidence of produced not a single piece of evidence of any identifiable registered voter who would any identifiable registered voter who would be prevented from voting pursuant to [the be prevented from voting pursuant to [the photo ID law] because of his or her photo ID law] because of his or her inability to obtain the necessary photo inability to obtain the necessary photo identification.identification.””

Crawford v. Marion County Election Crawford v. Marion County Election BoardBoard

553 U.S. 181 (2008)553 U.S. 181 (2008)

U.S. Supreme Court upheld IndianaU.S. Supreme Court upheld Indiana’’s photo ID s photo ID law in 2008 as constitutional in an opinion law in 2008 as constitutional in an opinion written by Justice John Paul Stevens, calling it written by Justice John Paul Stevens, calling it the strictest law in the country:the strictest law in the country:

““[F]lagrant examples of such fraud…have been [F]lagrant examples of such fraud…have been documented throughout this Nationdocumented throughout this Nation’’s history by s history by respected historians and journalists, that respected historians and journalists, that occasional examples have surfaced in recent occasional examples have surfaced in recent years…that…demonstrate that not only is the years…that…demonstrate that not only is the risk of voter fraud real but that it could affect the risk of voter fraud real but that it could affect the outcome of a close election.outcome of a close election.””

Georgia Compared to Other StatesGeorgia Compared to Other States

2008 General Election vs. 20042008 General Election vs. 2004 4 million voters – largest turnout in state4 million voters – largest turnout in state’’s s

historyhistory Democratic turnout up 6.1 % points – 5Democratic turnout up 6.1 % points – 5 thth

largest increase in nationlargest increase in nation Overall turnout up 6.7 % points – 2Overall turnout up 6.7 % points – 2ndnd largest largest

increase in nationincrease in nation 2010 General Election vs. 20062010 General Election vs. 2006

50.4% of registered blacks vote vs. 42.9% in 50.4% of registered blacks vote vs. 42.9% in 20062006

Indiana Compared to Other StatesIndiana Compared to Other States

2008 General Election vs. 20042008 General Election vs. 2004 Turnout of Democratic voters increased 8.32 Turnout of Democratic voters increased 8.32

% points – largest increase in nation% points – largest increase in nation 59.2% of Black VAP voted vs. only 53.8% in 59.2% of Black VAP voted vs. only 53.8% in

20042004 Pres. Obama won – 1Pres. Obama won – 1stst Democrat since 1964 Democrat since 1964

2010 General Election 2010 General Election Black share of vote went from 7% in 2008 to Black share of vote went from 7% in 2008 to

12% in 201012% in 2010

University of Missouri StudyUniversity of Missouri Study Turnout increased by 2 percentage points overall Turnout increased by 2 percentage points overall

in Indiana in 2006 in first election after voter law in in Indiana in 2006 in first election after voter law in effect; effect;

No evidence that counties with higher No evidence that counties with higher percentages of minority, poor, elderly, or less-percentages of minority, poor, elderly, or less-educated populations suffered any reduction in educated populations suffered any reduction in voter turnout:voter turnout:

““[T]he only consistent and statistically significant [T]he only consistent and statistically significant impact of photo ID in Indiana is to increase voter impact of photo ID in Indiana is to increase voter turnout in counties with a greater percentage of turnout in counties with a greater percentage of Democrats relative to other counties.Democrats relative to other counties.””

Jeffrey Milyo, Jeffrey Milyo, ““The Effects of Photographic Identification on Voter Turnout: A County Level The Effects of Photographic Identification on Voter Turnout: A County Level Analysis (2007)Analysis (2007)

University of Delaware & University University of Delaware & University of Nebraska-Lincolnof Nebraska-Lincoln

Examined data from 2000, 2002, 2004 & 2006 Examined data from 2000, 2002, 2004 & 2006 elections; elections;

Found voter ID laws do not affect turnout, Found voter ID laws do not affect turnout, including across racial/ethnic/socioeconomic including across racial/ethnic/socioeconomic lines:lines:

““[C]oncerns about voter identification laws [C]oncerns about voter identification laws affecting turnout are much ado about nothing.affecting turnout are much ado about nothing.””

Jason Mycoff, Michael Wagner, & David Wilson, Jason Mycoff, Michael Wagner, & David Wilson, ““The Empirical Effect of Voter-The Empirical Effect of Voter-ID Laws: Present or Absent (2009)ID Laws: Present or Absent (2009)

American UniversityAmerican University Survey of registered voters in Maryland, Indiana, Survey of registered voters in Maryland, Indiana,

and Mississippiand Mississippi Less than 0.5% had neither a photo ID nor Less than 0.5% had neither a photo ID nor

citizenship documentationcitizenship documentation ““[S]howing a photo ID as a requirement for [S]howing a photo ID as a requirement for

voting does not appear to be a serious problem voting does not appear to be a serious problem in any of the statesin any of the states”” because because ““[a]lmost all [a]lmost all registered voters have an acceptable form of registered voters have an acceptable form of photo ID.photo ID.””

““Voter IDs Are Not the Problem: A Survey of Three States,Voter IDs Are Not the Problem: A Survey of Three States,”” Center for Center for Democracy & Election Management (2008)Democracy & Election Management (2008)

You Cannot Function Without IDYou Cannot Function Without ID in Today in Today’’s Americas America

Photo ID is needed to:Photo ID is needed to:

Open bank accountsOpen bank accounts Cash a checkCash a check Rent carsRent cars Check into a hotelCheck into a hotel Board an airplaneBoard an airplane Buy cigarettesBuy cigarettes Buy alcoholBuy alcohol

See a doctorSee a doctor Apply for food stamps or Apply for food stamps or MedicaidMedicaid Send a package through UPSSend a package through UPS Buy a gunBuy a gun Get a prescription filledGet a prescription filled Access federal buildingsAccess federal buildings Get into a federal courthouseGet into a federal courthouse

Loving v. Virginia Loving v. Virginia 388 U.S. 1 (1967)388 U.S. 1 (1967)

““The freedom to marry has long been The freedom to marry has long been recognized as one of the vital personal recognized as one of the vital personal rights essential to the orderly pursuit of rights essential to the orderly pursuit of happiness by free men.happiness by free men.””

““Marriage is one of the Marriage is one of the ‘‘basic civil rights of basic civil rights of man,man,’’ fundamental to our very existence fundamental to our very existence and survival.and survival.””

New York City Marriage LicenseNew York City Marriage License Both parties must provide name, current address, country and Both parties must provide name, current address, country and

date of birth, name and country of birth of both parents, date of birth, name and country of birth of both parents, Social Security numberSocial Security number, and marital history., and marital history.

Application fee is $35, payable by credit card or money order.Application fee is $35, payable by credit card or money order.

Both parties must present Both parties must present proper ID:proper ID:• Non Driver ID Card with photographNon Driver ID Card with photograph• DriverDriver’’s license with photographs license with photograph• Learners Permit with photographLearners Permit with photograph• Active US Military ID Active US Military ID • PassportPassport• US Certificate of Naturalization US Certificate of Naturalization • US Alien Registration Card US Alien Registration Card • US Employment Authorization CardUS Employment Authorization Card

Marriage License, City of PhiladelphiaMarriage License, City of Philadelphia

Application fee is $80 payable only by cash or money order.Application fee is $80 payable only by cash or money order. Applicants must produce a Applicants must produce a CURRENT, VALID PHOTO ID:CURRENT, VALID PHOTO ID:

a drivera driver’’s s licenselicense non-drivernon-driver’’s s licenselicense international driverinternational driver’’s s licenselicense passport passport military I.D.military I.D. resident alien card or consulate card resident alien card or consulate card

Applicants must also provide a Applicants must also provide a Social Security card Social Security card or any other or any other form of I.D. issued by an official entity which reflects the applicantform of I.D. issued by an official entity which reflects the applicant’’s s Social Security number. Social Security number.

The City of Philadelphia advises that The City of Philadelphia advises that ““NO APPLICATIONS WILL BE NO APPLICATIONS WILL BE TAKEN WITHOUT THESE DOCUMENTSTAKEN WITHOUT THESE DOCUMENTS..””

Marriage License in Fairfax County, Marriage License in Fairfax County, VirginiaVirginia

Both parties must appear before the Clerk to Both parties must appear before the Clerk to obtain a license and must be 18 years of age obtain a license and must be 18 years of age or older (proof of age is required with or older (proof of age is required with EITHER EITHER A VALID DRIVERA VALID DRIVER’’S LICENSE WITH S LICENSE WITH PICTURE, PASSPORT OR MILITARY PICTURE, PASSPORT OR MILITARY IDENTIFICATIONIDENTIFICATION). ).

If a party is 16 or 17 years of age a parent If a party is 16 or 17 years of age a parent must appear with identification.must appear with identification.

Application fee is $30 payable by cash or Application fee is $30 payable by cash or credit cardcredit card

LawyersLawyers’’ Committee for Civil Rights Committee for Civil RightsWashington, D.C. OfficeWashington, D.C. Office

Voter ID is Not Only AnswerVoter ID is Not Only Answer

Other measures are needed to secure integrity Other measures are needed to secure integrity of elections:of elections: ID for absentee ballots (KS, PA, AL)ID for absentee ballots (KS, PA, AL) Proof of citizenship to register to vote (KS, GA, AZ) Proof of citizenship to register to vote (KS, GA, AZ)

(Obama DOJ agreed GA law not discr. under VRA)(Obama DOJ agreed GA law not discr. under VRA) Use of jury summons forms to correct registration Use of jury summons forms to correct registration

recordsrecords Participation in new Kansas cross-check programParticipation in new Kansas cross-check program Database comparisons with federal databases & Database comparisons with federal databases &

county/state recordscounty/state records Fraud investigation unit at State BoardFraud investigation unit at State Board