Crawford v. Marion County Election Board, 128
S.Ct. 1610, 1619 (2008).
Const. art. I, §4, cl. 1. Congress has less power to regulate
the election for President, being limited to determining the "Time"
of choosing electors and the "Day" when they give their votes.
Id. art. II, §1, cl. 4. By subsequent constitutional
amendments, states may not discriminate on the basis of race,
ethnicity, gender and age over 18, but Congress still may not
interfere with state laws disqualifying noncitizens and certain
felons from voting, despite the claims of many activists. See
generally id. amend. XIV, § 2.
Voter identification can prevent impersonation
fraud, voting under fictitious names, voting by illegal aliens, and
voting by individuals registered in more than one state. See
Hans A. von Spakovsky, Stolen Identities, Stolen Votes: A Case
Study in Voter Impersonation, Heritage Foundation Legal
Memorandum No. 22, March 10, 2008, available at http://www.heritage.org
During litigation over Indiana's and Georgia's
voter identification laws, the plaintiffs were unable to produce a
single individual who would be unable to vote because of the
identification requirements. See alsoRobert Pastor, et al.,
Voter IDs Are Not the Problem: A Survey of Three States (2008),
available at http://www.american.edu/ia/cdem/csae/pdfs/
csae080109.pdf. This survey found that across three
states, Mississippi, Maryland and Indiana, less than 1 percent of
all voters did not have the required identification, and the number
was even smaller (only 0.3 percent) in Indiana, the state with the
strictest identification rules. Id at 9, 15.
See David B. Muhlhausen and Keri Weber
Sikich, New Analysis Shows Voter Identification Laws Do Not
Reduce Turnout, Heritage Foundation Center for Data Analysis
Report No. 07-04, Sept. 10, 2007, available at http://www.heritage.org/research/legalissues/cda07-04.cfm;
Hans A. von Spakovsky, Voter ID Was a Success in November,
Wall St. J., Jan. 30, 2009, available at http://online.wsj.com/article/SB123327839569631609.html.
Robert Pastor, et al., supra note 6, at
Section 5 requires certain covered states to
submit any changes in voting procedures either to the Justice
Department or to federal court in Washington, D.C., for
preclearance before they can take effect. 42 U.S.C. §
Code § 3-5-2-40.5 (2009).
Crawford, 128 S.Ct. 1616. Indeed,
emotional opponents of voter ID should reflect instead on the
simple logic of Justice Stevens's opinion for the majority in
Ga. Code Ann. § 21-2-417.
Common Cause v. Billups, 554 F.3d 1340 (11th
Cir. 2009), cert. denied (June 8, 2009).
Gonzalez v. Arizona, No. 06-1268 (D. Ariz.
August 20, 2008). The case is on appeal to the Ninth Circuit Court
of Appeals. Arizona's law requires both proof of citizenship and
identification at the polling place. SeeAriz. Rev. Stat.
§§ 16-166(F), 579(A). Georgia's legislation is House Bill
139, amending Ga. Code Ann. § 21-2-6, and it has not yet been
reviewed by the Justice Department.
The Secretary of State was sued by the Ohio
Republican Party under HAVA; however, the Supreme Court vacated a
stay that had been issued by the Sixth Circuit Court of Appeals
directing her to comply with the law because the Supreme Court held
that a private party was not "likely to prevail on the question
whether Congress has authorized...a private litigant" to bring an
action under HAVA. Brunner v. Ohio Republican Party, 555 U.S. ___
(2008). This leaves it up to the Justice Department to enforce this
particular requirement of HAVA.
42 U.S.C. § 1973gg-4(c).
See id. § 1973ff-1 and
42 U.S.C. § 15483(b). There are certain
exceptions, including for individuals entitled to vote under the
Uniformed and Overseas Citizens Absentee Voting Act.
See Press Release, Kentucky Secretary
of State, Kentucky Blazes Path in New Voter Fraud Prevention
Technique (April 24, 2006), available at http://sos.ky.gov/secdesk/mediacenter/pressreleases/article41.htm;
Russ Buettner, City Mulls Action Against Two-Timing Voters,
N.Y. Daily News, Aug. 24, 2004, available at http://www.nydailynews.com/archives/news/2004/
60,000 Could Be on File to Vote in Both Carolinas, The
State, Oct. 25, 2004, at A1.
It is human nature to make up excuses for
failing to vote, but such excuses must be tested by social
scientists if they are really interested in finding the truth
rather than pushing a nationalization agenda.
This article is based on a presentation
made at the annual meeting of the American Legislative Exchange
Council in Atlanta, Georgia, on July 17, 2009, on a panel with John
Fund of the Wall Street Journal and Bob Williams of the
Evergreen Freedom Foundation. Many of these legislative
recommendations first appeared in an article by the author under
the name Publius. See Publius, Securing the Integrity of
American Elections: The Need for Change, 9 Tex. Rev. L. &
Pol. 227 (2005).