Following an historic turnout in the 2008 election comes a flurry of
election reform agendas from both sides of the battle over voting
rights. Since November 4, some state lawmakers have seized on the
success of early voting and Election Day Registration (EDR) as models
for facilitating voter registration, while others appear to have been
threatened by the heightened turnout and inspired to introduce
restrictive voter ID and proof-of-citizenship bills for the 2009
legislative session.
Election Day Registration
In North Carolina, lawmakers report being "proud" of the implementation
of the state's 2007 Same Day Registration law, which permits early
voters to register and vote at established "One-Stop" voting sites,
according to the Raleigh News and Observer.
In the 2008 primary and presidential elections, the law seemed to boost
voter registration while cutting the use of provisional ballots by more
than half, compared to figures from the 2004 election. On average, EDR
states tend to outperform non-EDR states in election outcome by a
minimum of 10 percentage points, according to public policy group, Demos.
"State Rep. Paul Luebke said he expects other states to model North
Carolina's early voting system," according to the report. "The only
change he would suggest for the next elections would be to standardize
the hours, encouraging local boards of elections to stay open longer in
early voting."
Despite the smooth success of Same Day Registration at early voting
sites in North Carolina and other states,Republican lawmakers in Ohio
are pushing to end the state's new mandate to allow voters to register
during the early voting period.
State Republicans recently announced that they would file legislation
to move the voter registration deadline to 65 days before Election Day,
according to an Associated Press report. They hope to pass the bill before the 2008 session ends "and a new, Democratic-controlled House takes over in January."
However, election law expert Dan Tokaji said the bill will likely run
into opposition as "federal law clearly prohibits states from having
registration deadlines earlier than 30 days before an election."
Before the Nov. 4 election, the "Republican Party sued Secretary of
State Jennifer Brunner to stop the same-day window...but state and
federal courts upheld it."
Brunner has planned an election summit in December to review the
elections process and will likely not adhere to any changes before the
new legislature takes over, according to the AP report.
Meanwhile, states like West Virginia are considering implementing
Election Day Registration, which currently exists in about eight other
states in its traditional form whereby eligible citizens may show up at
their polling place on Election Day, register to vote and cast a
ballot. First implemented in Maine in 1973, EDR is also practiced in
Minnesota, Wisconsin, Idaho, Iowa, Montana, New Hampshire and Wyoming.
Other states, like North Carolina, Ohio and Connecticut permit
variations of the option to register and vote at the same time, either
during an early voting period, or--in the case of Connecticut--on a
special ballot that only allows them to vote for the president.
"I lost my card, and I didn't think I could do it too close to the
time," said one West Virginia voter and supporter of an EDR law,
according to Parksburg, W. Va. News station, WTAP. "So, if it was that way, I could have voted."
However, Woods County clerk, Jamie Six, who "studied the idea for the
state clerk's association" is against the implementation of EDR.
"The poll workers have a long and very busy day already," Six said.
"And to add this to their plate to take care of on election day, we
don't feel it would be fair."
While EDR in the state is unlikely, Six says it is possible to allow
voters to register during the early voting period. "A committee of the
West Virginia Legislature is to hear from Six on Monday," according to
WTAP.
In the 2008 session, about 19 states introduced EDR legislation. Bills
are pending in four states: Massachusetts, New Jersey, New York, and
Ohio. None of these bills have moved since this summer.
At least two states, Texas and Montana, which currently practices EDR,
have pre-filed several bills relating to EDR for the 2009 session.
Voter ID
While some states were facilitating voter registration and voting this
year, Indiana - home of the country's strictest voter ID law -
reportedly turned some of its young voters away without casting a
regular ballot, and even encouraged poll workers in other states to
mandate voter ID when no such law existed in the first place.
Despite being properly registered and equipped with out-of-state and
student ID, the young voters were only allowed to vote provisionally on
Nov. 4, leaving some discouraged and others in tears, according to a
letter to the Indianapolis Star by Leon Riley, an election official at Butler University's Hinkle Fieldhouse precinct.
"The Indiana voter ID law amounted to disenfranchisement for a number
of young, well-informed voters, as well as some voters who have various
limitations of resources, transportation and problem-solving ingenuity.
Is this what we want for some of our brightest and best, or for some
who need help along the way? In fairness, this unnecessary barrier must
be abolished," wrote Riley.
The day before the election, an emergency motion was filed to stop
enforcement of the voter ID law based on constitutional violations. The
7th Circuit Court of Appeals in Chicago denied the motion a week later
without citing any reasons why, according to the Indiana Lawyer.
With the controversy over the U.S. Supreme Court's upholding of
Indiana's voter ID law, and a flurry of voter registration fraud
allegations in the weeks before the election, poll workers in some
states appeared confused over their own states' laws. Voters in
Mecklenburg County, Virgina, for example, complained that poll workers
illegally asked them to provide proof of identification, including
photo ID, according to the Smith Hill Enterprise. There were also reports of misleading signs outside of polling places that indicated photo ID was required.
The misinformation amounted to a misinterpretation of the Help America
Vote Act, which required voters who registered by mail after 2003 to
provide proof of ID.
"The voter being asked to present a photo ID is not the preferred
language to use," said Jessica Lane of the State Board of Elections.
The preferred language, she said, is to ask for "a form of ID."
Whatever the intention, voters were set back after waiting hours in
long lines, leaving to get their IDs, or possibly, not return at all,
according to the Enterprise.
"I am registered with neither party. I am a devout independent with
libertarian leanings, but I believe in the constitution and the fact
that everyone needs to get out and vote," wrote one concerned voter.
"Was anyone denied the right to vote? If they did not have a photo ID
and saw the sign, did they say 'Oops. I guess I can't vote' and leave?".
For voter ID advocates, preventing the extremely rare crime of
individual voter fraud is worth the risk of compromising a voter's
right to cast a ballot. However, preventing many eligible voters from
casting a ballot just to prevent a rare crime hardly seems on par with
democracy. A four year investigation by the federal government found
only 24 instances of voter fraud out of more than 214 million votes
cast. Several studies have found that a number of already
under-represented Americans - primarily young, elderly, minority and
poor - would have a difficult time meeting the requirements. These
studies include a Brennan Center survey that found 21 million Americans were without the required identification; a University of Washington
study that found about a quarter of Indiana's young, African-American
and low income voting-age populations lack the necessary ID; and a University of Georgia study found the state's Latino and Black voters were twice as likely not to posses required ID compared to White voters.
Yet despite the lack of evidence of voter fraud, and a well known,
recent history of young and elderly voters missing out on the
democratic process in Indiana (including Indiana nuns and Notre Dame
University students who were turned away in the 2008 primaries) lawmakers in states like Oklahoma and Texas are hoping to make voter ID a reality in 2009.
While acknowledging that Oklahoma Speaker of the House Chris Benge "and
the others pushing for a voter ID system have a certain level of common
sense on their side (one idea is to offer free ID with their plan),
Wayne Greene of the Tulsa World
dismisses the argument that if people are required to show photo ID to
cash a check, they should be required to show ID when they vote. Greene
points out that there is plenty of evidence of people attempting to
cash fraudulent checks, but no evidence of people attempting to cast
fraudulent votes in Oklahoma.
"Benge told me he didn't have any examples of fraudulent voting to
justify what sounds like a pretty expensive free ID system," Greene
says. The state, which introduced and failed seven voter ID bills this
year, will convene for the 2009-2010 session next February.
Immediately after Election Day, lawmakers in Texas - where there was a
serious voter ID battle during the 2007 session - pre-filed a few bills
requiring voter ID as well as proof-of-citizenship at registration.
Supporters of voter ID hope to have it in effect by the next gubernatorial election, according to local publication, Athens Daily Review.
In total this year, 25 states introduced voter ID bills, and bills are
still pending in four states: Illinois, Massachusetts, New Jersey, and
Pennsylvania.
Track these and other election-related bills by visiting www.ElectionLegislation.org.
After this presidential election's phenomenal turnout that showed the
American electorate is finally closer to representing all of its
citizens, lawmakers should recognize that voters take this fundamental
right seriously. The passage of laws that help facilitate that right
are far more conducive to a fair and healthy democracy than the passage
of those that prevent some citizens from voting at all.
Quick Links:
www.ElectionLegislation.org
In Other News:
More minorities voted this year, but white turnout dropped - McClatchy Newspapers
WASHINGTON -- Barack Obama's 8.5 million-vote margin over John McCain
was fueled by a more than 20 percent surge in minority voting, a new
analysis of exit polling data suggests.
Minnesota group asks feds to investigate problems with state's voter rolls - Associated Press
ST. PAUL (AP) - A group opposed to Minnesota's same-day voter
registration law has asked the U.S. Department of Justice to
investigate problems it suspects with the state's voter rolls.
Woman seeks limits on mentally disabled voters - Associated Press
GRINNELL - A Deep River woman wants to change a[n Iowa] state law to
require that mentally disabled voters be supervised when they cast a
ballot.
What if the ability of presidents to issue pardons was suspended from, say, October 15 of a presidential election year through January 20 of the following year?
It would never happen (the Constitution would need to be amended), but it's an interesting thought experiment.
From the perspective of a potential "pardonee", there shouldn't be a big difference. A person who had the misfortune to have alleged misdeeds (or a criminal conviction - think Ted Stevens) come to light after October 15 of an election year might be out of luck, especially if the next president is of a different political party. But no one is entitled to get a pardon anyway.
From the perspective of the country, there would be, at least, a small way to register disapproval with a president's use of the pardon power. Of course, it's not ideal - a president probably would still save the most controversial pardons for the year in which she or he was not up for re-election. So the voters would have only the option of voting against the nominee of the president's party if the voters disapproved of the pardon.
But even that potential consequence might deter presidents from some pardons that might be issued otherwise. Not the most pressing issue around, but a good time to think about it given the pardons that the current (otherwise absentee) president will likely issue between now and January 20.