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Supreme Court tilts election, big time

This week's Supreme Court decision allowing election laws that greatly favor the GOP to stand received little attention, considering the considerable and partisan effect it will have on the upcoming election. Because the court dealt only with the law of one state (Indiana), one might assume that whatever damage is to be inflicted on the Democrats would be limited. Actually, 23 other states have already enacted similar laws, and, now that the law has been given the green light by the court, others may well follow.

Basically, the Indiana law requires that, before a voter can cast her ballot, she must present an unexpired photo ID issued either by Indiana or the federal government (in most cases, this means a current driver's license or a passport). This may seem to be of limited importance; after all, the same is required to fly. However, it turns out that about 11 percent of Americans have no such identification--and, it turns out that most of these Americans are poor, members of minorities, and tend to vote for Democrats. Given that elections are often decided by less than 5 percent of the vote, this court decision could go a very long way to make the next President of the U.S. a Republican, and to cut deeply into the Democratic leads in Congress.

But, one may ask, aren't such laws politically neutral? All these laws require is that each voter present a state issued form of ID, photo included. In fact, these laws are as discriminatory against the elderly, the poor, the less educated and minorities as the literacy tests and poll taxes of the past. These social groups contain most of the voters who have no such ID cards and who often do not have the means to acquire them.

A case may give one a feel for the effects of these ID laws. An elderly women living in a nursing home in Indiana used to make her way with great difficulty every election day to the ground floor of her building in order to vote. Asked for an ID, which she did not have, she got a friend to drive her to the local department of motor vehicles to get a non-driver license. After standing in line for considerable time with growing difficulties, she was sent home to find the needed documentations proving that she is a lawful resident of Indiana. She never returned and will be unable to vote this year.

Those who favor voter ID laws, for instance the Wall Street Journal, argue that IDs are needed to prevent electoral fraud. However, strong data show that there is next to no voter fraud due to misidentification--and fairly wide abuse due to ballot box stuffing, voter machine manipulation, registration list manipulation and absentee balloting. (Indeed, in its 'lead opinion' on the Indiana Law case, written by Justice Stevens and joined by Chief Justice Roberts and Justice Kennedy, the Supreme court recognized that there was "no evidence" of the type of voter fraud the Indiana law was ostensibly devised to detect and deter.)

Judge Richard Posner, who wrote in the majority opinion upholding the Indiana law for the Seventh Circuit U.S. Court of Appeals, affirmed that "no doubt most people who don't have photo ID are low on the economic ladder and thus, if they do vote, are more likely to vote for Democratic than Republican candidates" and that "the new law injures the Democratic Party by compelling the party to devote resources to getting to the polls those of its supporters who would otherwise be discouraged by the new law from bothering to vote." Now the right-leaning Supreme Court has followed suit, finding these ID laws to be constitutional.

The Democrats could mount a huge drive to ensure that all voters will obtain the required ID. So far there are few signs that they understand the scope of the challenge and are mounting the needed massive drive. But, even if they do, large amounts of resources and volunteers that could otherwise have been used to promote Democratic candidates will instead be dedicated to getting voters IDs.

Whatever party one belongs to, or which candidate one favors, one should favor a Supreme Court that is political neutral, one that does not play favors, does not tilt the elections one way or the other. Vote to ensure a president who will appoint fair judges to the highest court in the land. And if need be, get an ID!


Amitai Etzioni is a University Professor at George Washington University and the author of The New Golden Rule. Further access to his work is available by contacting comnet@gwu.edu.


Comments (29)

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Could "one" then contest that the state in question must make access to official photo id free of charge and easily accessible? (Even as a 15th amendment argument.)

IF photo id is a reasonable requirement for all citizens to vote THAN access to affordable(free?) i.d./easily available i.d. MUST be guaranteed, no?
(That will be a little bit of a budget hit for the states won't it?)

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Why can't that elderly woman vote absentee? Is a photo ID required to vote absentee by mail? If not, then a lot of the poor and minorities can vote absentee. Perhaps then we're really talking about those who have neither a driver's license nor passport nor any other form of photo ID, nor an address at which they can receive mail. Yet if such folks are registered, they can still likely obtain an absentee ballot and deliver it to the polling station if they can't afford the postage. Seems to me that requiring ID cuts down on more voter fraud than it disenfranchises voters.

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Otto,
http://www.bradblog.com/?p=5941 is a decent perspective on some of the issues.
Off course there is also the issue of universality as absentee rules vary across jurisdictions...

On a side note, forgive my cynicism in this silly season of the campaign, but I found your RNC voter id talking point a little odd, so I looked at your profile (again, I apologize in advance if I'm being too paranoid...) but looking at your profile/posts, your a "liberal" Democrat from San Francisco who watches Fox news and supports voter id laws?
Wow, what a mixture of cliches, lol!
;-)

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Otto, are you trying, or is it a naturally occurring affliction?

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Fine, if they have an advocate that knows this.

You forget that we are more politically savvy than the average poor person. MANY of them are disengaged from the process. A surprising number REFUSE to vote. Those who do want to vote may have to hunt around to find someone who knows WHERE to vote, and then have to find a ride to get there, with gas at $3.70/gal.

I think you're absolutely right on this, Professor.

But this is entirely at odds with your stance in favor of a national ID card.

Are you finally backing off the national ID card bandwagon?

As stated on another thread, this is a serious problem! I hope the Democrats have a plan for this, because its the first attempt at voter supression they have made and succeeded in daylight!

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Information on Indiana absentee ballots-must be 65 or older or disabled, caring for the disabled or out of the state on election day link

Indiana info on getting Id card, $13 or free if you are poor enough to qualify, must have original birth certificate or other 'primary' document: link

Hey Dems, other states will follow this....Get your shit together now!!!!!

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This ID to vote thing is one of the biggest scams going. I cannot but agree with Amitai Etzioni on this one.

With FL 2000, it is clear that a period of reaction to the era of the Voting Rights Act is setting in, just as one set in establishing Jim Crow in the wake of the Reconstruction. This period often, as here, has profound race political implications, hence the term "The New Racism". The Tories may have lost the Revolutionary War, but they seem to come back and win the peaces.

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I agree with the poster, this has voter disenfranchisement written all over it. I can't claim to know for a fact that corruption has worked its way into every arm of justice but I think it would be naive to think otherwise, especially with neocons at the helm.

They've accumulated immense power over the last eight years and that power has been weakening since the 2006 election. And of course, because of their galactic incompetence. Actually, the only thing they've been pretty competent with is planting corruption.

That power they've enjoyed is being threatened and they'll do anything to thwart anyone from taking that power away.

You can fix elections, rig the electronic voting machines, as was done in Florida in 2000. It has to be a relatively close election though to get away with tipping it one way or the other. Usually 2 to 5 points. Often, the ones fixing the election try to match the exit polls as accurately as possible. That's why the vote split tends to expand in the last hour or two of reporting the results.

I think the only way you can fight that kind of thing is to win by a landslide.

How do you win in a landslide when you have a minority or woman running and they have managed to tell the white people that the likely Dem candidate is a racist, so its ok for you to vote on race or to be afraid. I dont disagree with you, just dont know how you win by a landslide if you dont give yourself enough time to beat back the race talk because your to busy fighting amongst yourselves? Hence there in lies my fear of what they accomplished, and my urgency to have the dems start addressing it!

It is interesting that "progressives" howl at the decision of the Supreme Court for a multitude of reasons when the natural advancement of computer systems and identity tracking software would eventually lead us to this point. If it were not for a history of ballot box stuffing and other nefarious methods of tilting an election one way or another (both parties are guilty) then this argument would not be here at this time and place. Arguing that this decision gives an advantage to Republicans is silly. Every individual is able to acquire an ID (why in this post-9/11 world would we not expect this minimum requirement?). Every person who walks in to a voting booth need only prove they are registered and that they are who they say they are. Does this not also preserve the right of the individual who is slighted when an "underpriveleged" person walks into the voting area and gives false information in order to vote. Why would the "underpriveleged" need to fake it in the first place unless of course they were voting for a certain party at numerous localities? This decision merely starts the cheating at a different point for the parties.
I DO take offense at including illegal aliens in the 11 percent of Americans statistic claiming they have no ID. There is no way that 1 in 10 people who are here legally do not have identification.

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I think it's very easy to see that this will tilt elections. Any sort of burden on voting will have an impact. And I agree that requiring a picture ID will disproportionately burden the elderly, the poor, the less educated and minorities.

Look at it this way: If at the time of registering, everyone was given a 3x5 card and told: "To vote, you must bring this card with you to the polling booth," some number would be unable to vote because they lost, misplaced, or couldn't find the card, or because they left it at home on voting day, or whatever. And the lives of the elderly, the poor and the less educated (and minorities, because they still have more poor and uneducated among their ranks) are such that, statistically, they will be somewhat less likely to be able to locate their cards on voting day and will thus be unable to vote.

Once you recognize that any sort of burden will depress the vote -- once you recognize that that's a given -- it's not too difficult to look at the burden and figure out whose votes will be the most depressed.

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Does this not also preserve the right of the individual who is slighted when an "underpriveleged" person walks into the voting area and gives false information in order to vote.
Did you read the post? It doesn't sound like it, or you wouldn't have brought up an example that is purely hypothetical, AND has been disproved.
(Indeed, in its 'lead opinion' on the Indiana Law case, written by Justice Stevens and joined by Chief Justice Roberts and Justice Kennedy, the Supreme court recognized that there was "no evidence" of the type of voter fraud the Indiana law was ostensibly devised to detect and deter.)
(emphasis mine) "No evidence" doesn't mean rare, or occasionally reported - it means there are no credible reports that it has happened, and the law is addressing something that doesn't happen. You're arguing good faith where there is none demonstrated, and all outward appearances suggest is completely lacking.
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I would compliment Prof. Etzioni for making a sensible suggestion as to this latest Repub attempt to limit poor voters from the ballot box, but this week's newspapers also carried an item about how Florida, for one, has forced the League of Women Voters to suspend its voter registration drive. Thus my concern is: how could the access to voter IDs be any less onerous than voter registrations? The answer, of course, it could not be, so when Florida decides to discourage voter registration whatever will prevent the Sunshine State from doing as well to voter IDs?

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IF photo id is a reasonable requirement for all citizens to vote THAN access to affordable(free?) i.d./easily available i.d. MUST be guaranteed, no?
(That will be a little bit of a budget hit for the states won't it?)

it might, if there were a constitutionally guaranteed right to vote.
but there's not a constitutionally guaranteed right to vote.
so says Tony "The Chin" (Vafanculo) Scalia.
the right to vote might be guaranteed by the Voting Rights Act, but as much as is guaranteed, so to is it restricted...that's what laws do, yaknow?

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In Michigan citizens returning to society from prison are entitled to vote but the systems destroys their ID -- driver's licenses etc upon entrance to the prison system. So the Michigan Prison Re-entry program has had to devote hours of time to try and help individuals re-establish their identities. The Sec. of State has refused to recognize the prison picture ID as government issued ID so substantial time and resources have been devoted to tracking down birth certificates from Hawaii or substitutes in situations where the county court house records are otherwise not availble.

The burden is much greater than a simple poll tax.

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What about an Equal Protection claim, ala 14th amendment, on the grounds that there are different standards for allowing absentee ballots and in poll ballots, which leads to disparate effects?

I know, Bush vs Gore was a once only, no precedence thing, but it would otherwise imply that all methods of counting and voting should have no major differences in restrictions.

This case baffled me because as a recent graduate of law school I worked on this issue in our Constitutional Litigation Clinice and we HAD evidence that the minorities and elderly are particularly disadvantaged in terms of getting ID.s. Stevens supported this holding so it cannot be viewed as a right wing ruling!

I wondered whether the attorneys were unprepared.

At any rate it is over now. Short of a Constitutional amendment the law has spoken.

What we need is a massive grass roots program to help voters get ID's.

What we need is a massive grass roots program to help voters get ID's

Or, from a different time and different issue:

"Don't Mourn. Organize."

From a different prophet:

"They've got the guns but we've got the numbers..."

Which is to say, they can only fuck us if we let them.

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The statistic that is missing that would help gauge how big of an impact this really is would be knowing the voting rate of the people in this 11% who lack a photo ID.

If the vast majority of this 11% are unlikely to vote anyway, it is regrettable, but won't have a dramatic impact on the actual outcome of an election.

Can anybody share this figure with us?

In the limited case in Indiana it may not have been added but it is NOT hypothetical and the catch is that to prove it you must have the slighted person AND the injuring party at the same time. Other than that, in the eyes of the responsible controlling authority it appears to be a case of an upset voter arguing to vote "again".

So you would agree that that situation can not happen because why? Obviously if a person had to provide identification the chances of fraud are far less. If there is a desire to have every vote count, shouldn't the desire also be to have every legal, and only legal votes count?

Why is the statistic of 11 percent of people have no ID taken for granted? How is that possible? Every 18-25 year old male is required to register with Selective Service. They don't require a SSN but must register (ID???). To obtain a drivers license requires an ID. To get a bank account requires an ID. To travel to any other part of the world and on virtually every form of transportation requires an ID. To get your Social Security payments you must prove you are who you say you are. Most cities require you to register your pets for crying out loud. Yet some one is saying that 1 out of every 10 Americans do not have ID. That is suspicious.

This is a crock. You forgot the 19 year old college student who just registered but accidentally washed their voting card and all supporting ID's that they left in their jeans! Statistically speaking that could happen too. YWhy would someone be less likely to find their legitimate ID on election day? Does the house go dark? Do they wear blinders? Did goblins come in during the night and reorganize every thing? Did they just wake up from a nearly 4 year (or 2 year) slumber and can't remember where they laid their wallet? I am sure you can find an elderly person who can't remember to get dressed during the day but to attribute that characteristic in a sweeping fashion to argue against having a legitimate ID to prove you are who you say are when it comes time to vote is ludicrous.

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How should we adjust expectations for Indiana's primary? Since the decision was to uphold the law, wouldn't the Obama campaign
have encouraged voters in IN to get photo IDs a few months ago?

We all prove that we are who we say we are every time we vote, without any photo ID being required. We do that by signing the voter form before we pick up our ballot, or we sign the envelope we mail in our ballot in. The voting officials then compare that signature with the one on our registration form. That is at least as certain a form of identification as any photo ID will ever be.


The only voter fraud that is even remotely possible is when someone goes to two different precincts and votes twice. But, voting officials stop that because the person isn't registered to vote in more than one precinct.

This voter ID fraud issue is just that, a fraud by the courts, something we should get used to unless we can persuade President Obama to appoint 4 more justices to the US Supreme Court in February next year.

This purpose of the law is help Republicans by disenfranchising the poor and elderly. The judicial activists sitting on the Supreme Court says that's ok.

If Democrats stand around whining they deserve to lose. The Democratic party's response should be to improve voter turnout programs sufficiently to insure that everybody has a chance to vote. That might mean Democrats spend a little money on local organization.

Until Democrats can secure the appointment of judges who truly care about both the Constitution and the American people, Democrats have to play the Republican game. They just have to play it better than the Republicans.

The US Constitution does not specify the number of justices on the Supreme Court, and that number has gone up and down during our history. There is no legal reason why President Obama can't appoint additional justices to change the majority to a progressive one. This, of course, only works if the Democrats have 60 sure votes in the Senate.

that number has gone up and down

Indeed.

I had previously thought the workload of The Nine Ringwr....Uh, Justices, was too great and they needed two more.

But on reflection, four would make more sense.

(Can we please have young ones from the left this time? I'm thinkin' a smart 35 year old whose great grandparent is competing in his 40th ironman...)

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