In Focus This Week
Correction: In some versions of the story e-mailed to subscribers, the procedure for voters lacking photo identification in Georgia and Florida was inaccurate. Florida voters without requisite ID can cast a provisional ballot. Georgia and Indiana voters can cast provisional ballots as well, but must present ID within a specified period of time to have that ballot eligible for counting.
Voter ID rules under attack, on defense in Midwest
Briefs filed from around the country reveal rancorous debate
By Dan Seligson
electionline.org
CHICAGO — A month before the U.S. Supreme Court will hear arguments on the merits of Indiana’s polling place photo ID law, critics from around the Midwest – as well as the state’s largest counties – have been vocal in their opposition of the practice
Indiana’s voter ID law, approved by the state general assembly in 2005 with strong encouragement by Secretary of State Todd Rokita (R), has been reviewed by state and federal courts, including the Seventh Circuit and U.S. District Court. The U.S. Supreme Court could ultimately decide that the law is too strict, a move that could have ramifications beyond Indiana’s border in the midst of the presidential campaign season, or uphold its legality, clearing the way for other state legislatures interested in more stringent requirements at the polls to do the same.
Before the arguments begin, however, the Court will wade through a sea of paper on the issue in the form of briefs representing both viewpoints. Some argue the law disenfranchises would-be voters by placing undue barriers on the process while failing to have any impact on voter fraud; others say it is a common sense way to ensure the integrity of the vote by asking for nothing more than most Americans provide at the library, video store or bank.
Elizabeth White, clerk of Marion County, Ind., (Indianapolis) said at a Pew-sponsored journalists’ forum in Chicago this week that voters in her jurisdiction were “disenfranchised because of the law.”
White, who is a defendant in the suit William Crawford, et. al. v. Marion County Election Board, issued a brief for the case which, along with another Indiana voter ID lawsuit, will be heard on January 9. The ID law – requiring voters to present government-issued photo verification of identity before casting ballots at polling places – will be enforced for the first time in a presidential contest in 2008.
“The voter identification statute not only has precluded some individuals from voting…it also undermines the accessibility of the process by promoting the idea that voting is difficult,” the brief states. “Some persons who sought to vote in the 2007 municipal election did not have their votes counted because they did not have proper identification, including 14 individuals who had previously voted in in-person 10 or more times at the same polling place where they were not permitted to in 2007.”
White also said she did not know of any instance in which in-person voter fraud had occurred in the county.
Ohio Secretary of State Jennifer Brunner (D), speaking at the same Chicago conference, said she along with current and former Democratic secretaries of state from Vermont, Missouri, Georgia and Maryland, filed their own brief against Indiana’s voter ID because she did not want her state’s election laws to become more restrictive.
Those who say voter ID is necessary counter that it does not cause a significant impediment to voting. Rokita (R) has been a vocal defender of the practice in his state, calling it in media reports a “low cost, common sense way to make sure” fraud doesn’t happen. Rokita, who was invited to speak at the Pew forum, canceled because he wanted to refrain from debating the issue publicly until after the oral arguments.
In a brief he filed Monday, Rokita defended the law, saying it had distinctive differences from poll taxes or other barriers to voting – a common criticism of voter ID laws.
Voter ID “is unlike other election regulations that the Court has subjected to strict scrutiny, such as poll taxes, durational residency requirements, and property-ownership qualifications. The Court has expressly distinguished between such substantive voter qualifications and benign procedural safeguards, such as advance registration requirements,” the brief stated. “The former were suspect because the State totally denied the franchise to an entire class of residents that had no way to gain eligibility to vote. The latter, in contrast, merely establish reasonable election protocols and afford citizens ample opportunity to ensure their own ability to vote. Like voter registration, the Voter ID Law provides procedural protection of election integrity and is not subject to strict scrutiny. At most, it is subject to relatively mild review that balances the State’s compelling interest in preventing election fraud against the minor burdens imposed by the Law.”
Despite strong opposition by the Democratic Party, voter ID has been on the rise. A recent electionline.org report – HAVA at 5 – found that the number of states requiring all voters at polling places to present some form of ID increased from 11 in 2000 to 25 in 2007.
Indiana, Georgia and Florida require voters to show photo ID, All three allow those without ID to cast provisional ballots. However, only Florida does not require a voter to show photo ID at an election office after the election to have that ballot eligible for counting.
Tova Wang, a fellow at The Century Foundation who co-authored a report on voter fraud for the U.S. Election Assistance Commission, told conference attendees in Chicago that Indiana’s ID law was “the most draconian, restrictive voter ID law every passed in the country.”
“There will be eligible citizens who want to vote in Indiana next year and they will be denied that right,” she said. “It’s that simple.”
Election Reform News This Week
- While most folks are knee-deep in holiday preparations, elections officials throughout the country are preparing for the pushed-up primary season. In Massachusetts, with a January 16 registration deadline, local town clerks are stepping up their efforts to remind citizens to register. “It’s certainly something to deal with, but we’re trying to do our best,” Natick Town Clerk Judith Kuhn told the Metro West Daily News. Issues surrounding just who would be on the January 15 ballot in Michigan were finally resolved this week allowing for county clerks to begin the process of designing and printing ballots. And in Illinois, county officials are struggling to find enough volunteers to work on the February 5 primary. The Woodford County clerk told the Peoria Journal Star that she had nine long-time poll workers call her on one day and say they could not work the pushed-up primary.
- There was more news on several fronts about overseas and military voters this week. Reuters has a story on a new report from The Century Foundation that explores the difficulties faced by members of the military and U.S. citizens living abroad when it comes to casting a ballot. The report also details the added challenges these individuals may face in the pushed up 2008 primary season. And The New York Times has a story about Phil V. Donohue, the director of personnel for the New York City Board of Elections. Donohue has asked his employer if he can travel to Iraq and Afghanistan to help soldiers register to vote. “There are many young men and women that because of their service have not been able to register,” he told the paper. “They’re risking their lives for our rights and freedoms and a lot of them aren’t even getting the right to vote, and they’re more affected by the election than anyone.” The board approved his request.
- Although local elections officials have yet to certify the November 6 election in San Francisco, other officials are moving forward with plans to purchase new voting equipment. This week, a committee of the Board of Supervisors voted to recommend to the full board the approval of a $12.6 million contract with California-based Sequoia Voting Systems. The full Board of Supervisors will take up the issue next week. According to the San Francisco Chronicle, the committee sympathized with advocates who called on the city/county to purchase open-source code machines however, that option was not available to the committee. “The reality is, that open source voting technology that we all desire is not there yet and will not be available to us for several years to come,” said Board President Aaron Peskin, chairman of the Budget and Finance Committee that considered the contract. San Francisco and the state of California may be at forefront of that movement, but in the short term we need a solution.”
- If left up to the Council of the District of Columbia, the city’s push for congressional voting rights could take an interesting turn this week. According to The Washington Times, the Council is set to consider a proposal that would spend $60,000 to install electronic signs in strategic locations throughout the city that would keep a running tally of how much the city pays in federal taxes. One sign proposed sign would be placed near city headquarters (a mere two blocks from the White House) and the other would be placed near the new baseball stadium. “What better time when we’re about to nominate a new president, and they come riding down Pennsylvania Avenue,” Kwame R. Brown, at-large Democrat told the paper. “All the visitors and tourists we have coming to the city can see it.”
Opinions This Week
National: Electronic voting, Electoral College, 2008 election cycle
Florida: Recounts, Inactive voters, Palm Beach County, Voting system
California: Vote-by-mail, II, III, Voting system, II, 2008 election cycle, Early primary
Indiana: Poll workers
Georgia: Effingham County
Massachusetts: Salem recount
Michigan: Presidential primary, Early primaries
Missouri: Voter ID
New York: HAVA lawsuit, Voting system, II, HAVA compliance
North Carolina: Lumberton election
Ohio: Voting system, II, Election reform
Virginia: Voter intimidation
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Job Postings This Week
All job listings must be received by 12 p.m. Eastern on Wednesday for publication in our Thursday newsletter. Job listings are free but may be edited for length. Whenever possible, include Internet information. Please email job postings to mmoretti@electionline.org
Project Manager — The Pew Center on the States. Project manager will assist in developing and executing strategic and operational plans for the Make Voting Work project. The project operates in a highly collaborative environment that emphasizes teamwork and values input from a variety of perspectives. The project manager will be expected to contribute at multiple levels, taking lead responsibility for the design and implementation of certain activities, assisting in the execution of other activities, and filling in on duties where needed. The ideal candidate will have an educational and employment background in public policy or a related field, deep knowledge of the election system, and work experience undertaking projects involving many partners, complex issues, extensive writing, and live presentations. The candidate preferably will have experience at the state or federal level with issue campaigns, communications strategies, and grassroots or grasstops organizing. Qualifications: At least eight years of experience in the public policy arena, with a working knowledge of election administration issues. Experience working with state and federal policymakers, election officials, researchers and other stakeholders is strongly preferred; Masters or other advanced degree in a relevant area or equivalent experience preferred; Demonstrated strong analytical skills applied to public policy issues, including an ability to synthesize and summarize large amounts of information and to focus quickly on the essence of an issue. Strong systems skills including Microsoft Office products; Experience convening groups of policymakers, researchers, other professionals, and constituencies, and supporting their efforts to move toward a desired outcome. Application: Melissa Rosen, Manager, Human Resources, The Pew Charitable Trusts, One Commerce Square, 2005 Market Street, Suite 1700, Philadelphia, PA 19103-7077 or e-mailed to: recruiter@pewtrusts.org. Web site: www.pewtrusts.org
Voting Rights & Civil Rights Coalition Coordinator — FairVote is one of the nation’s leading democracy organizations, with a particular focus on bold, change-oriented electoral reforms. With the 2008 presidential elections looming, FairVote is launching the Democracy SoS project to bring transparency and public awareness to the actions of Secretaries of State and other chief election officials in states and promote democracy coalitions to achieve fair elections. By surveying the opinions of sitting and prospective officials, as well as by researching their past actions, we hope to work with state and national reform organizations to ensure that voters are both protected on and before Election Day and are able to make well-informed decisions when given the opportunity to select their Secretary of State. Duties: Recruit and work with a broad array of local, state and national organizations to conduct research, media outreach, grassroots activity, and education on key voting/election issues impacted by Secretaries of State; coordinate development of research, survey, issue prioritization and voter guides in target states and offices; develop of educational materials, a project website, brochures, and other materials; serve as primary point of contact for project, including coordinating media inquiries. Qualifications: We seek an applicant eager to work in our organization, and, ideally, with the at least some of the following skills and experience: Well-organized and detail-oriented, able to work on tight timelines; experience in a nonprofit, political, or policy organization preferable; coalition-building and organizing experience; passion for electoral reform and civil rights; strong public speaking, research, and writing skills; ability to work well in a team environment, with a sense of humor. Salary: Salary commensurate with experience. Health, dental, and life insurance benefits provided in first year, with a retirement plan after one year. Application: Resume, cover letter and writing sample, including at least two references who can speak to your relevant skills. Please send materials to hr@fairvote.org Deadline: December 21st.