Why not require Voter ID?

The trend toward Voter ID legislation began over a decade ago, with many states enacting laws requiring potential voters to show at the minimum, a non-photo bearing identification document. Some states have strict photo ID requirements, requiring that voters present a specific type of government-issued photo ID. Laws requiring voters to show some form of identification at the polls are in force in 34 states for 2018. 

The remaining 16 states and DC have a “non-documentary” ID requirement, allowing voters to cast a ballot in person on Election Day without showing ID or other documents. Voters verify their identity by 1) signing an affidavit asserting their eligibility to vote and/or awareness that falsely claiming eligibility is a criminal offense, 2) signing a poll book or registered voter list or 3) providing personal information (name, address and/or birth date), or some combination of the three. 

Pennsylvania is one of the 16 non-documentary states. According to the Pennsylvania Election Code §1.3.1210, an eligible voter signs an affidavit of eligibility and provides address during voter registration. On Election Day, the voter announces their name, and their signature on the voter registration list is compared against the signature on file. All states have procedures in place to challenge voter eligibility.

Proponents of Voter ID requirements argue that photo IDs are widely available and necessary to cash a check, drive or board a plane. Situations that may be prevented by voter ID include impersonation fraud at the polls, voting under fictitious names or in the names of deceased voters, double-voting by voters registered in more than one state, and voting by individuals in the United States illegally. Proponents argue it protects election integrity and prevents dilution of votes. 

Opponents of voter ID laws contend they are unnecessary and can affect the voter’s ability to vote. Voters affected are disproportionately low-income, racial and ethnic minorities, the elderly, and people with disabilities. Such voters more often have difficulty obtaining ID, because they can’t afford or can’t obtain the underlying documents necessary to obtain government-issued photo ID card. The American Civil Liberties Union contends that voter ID laws are part of an ongoing strategy to roll back decades of progress on voting rights.

It’s estimated that more than 21 million Americans – 1 in 10 eligible voters - don’t have government-issued photo identification; hurdles may include costs in travel, and paying for documents, such as birth certificates. Nearby government offices or ID offices may not be in rural areas and near areas of poverty, necessitating extended travel to obtain documents. Travel may be difficult for those lacking transportation, the elderly and those with disability. The combined cost of document fees, travel expenses and waiting time are estimated to range from $75 to $175, even if ID is provided free. A 2014 GAO study found that strict photo ID laws reduce turnout by 2-3 percentage points, which can translate into tens of thousands of votes lost in a single state. 

Voter ID laws can be formulated with the idea of suppressing specific voters, such as minority voters. Nationally, up to 25% of African-American citizens of voting age lack a government-issued photo ID, compared to only 8% of whites. Eighteen percent of older Americans and 18 percent of citizens aged 18 to 24 don't have these kinds of photo IDs. Several studies have found that photo ID laws are especially depressive of turnout among racial minorities and other vulnerable groups, increasing the gap between voters of color and whites. Arbitrary decisions in specific states have allowed concealed weapons permits for voting while declining student ID cards; have prohibited public assistance IDs and state employee ID card (again held disproportionately by Black voters); have permitted active duty military ID cards, but prohibited Veterans Affairs ID cards. 

Voter ID laws affect real people. Consider the case of Viviette Applewhite, 93 years old at the time, and using a wheelchair, when she attempted to obtain a voter ID required in Pennsylvania due to legislation passed in 2012. She was a wartime welder and marched with Dr. Martin Luther King, Jr. during the civil rights movement. She did not have a driver’s license or other state photo ID to vote, though she was previously eligible to vote prior to the 2012 legislation. State officials were unable to find her birth certificate, which she needed to get a new state ID. She became part of a lawsuit challenging Pennsylvania’s new voter ID law, which would have prevented her from voting that year. She was ultimately able to vote without ID due to a preliminary injunction granted by the court, and after a two-year battle, Commonwealth Court Judge Bernard L. McGinley issued an order on January 17, 2014, permanently blocking the controversial photo identification law. In his opinion, Judge McGinley stated that the voter ID law “does not pass constitutional muster because there is no legal, non-burdensome provision of a compliant photo ID to all qualified electors.” Governor Tom Corbett announced on May 8, 2014 that the state would not appeal the Commonwealth Court judge’s ruling that prohibits enforcement of Pennsylvania’s voter ID law. That is where Pennsylvania stands currently regarding voter ID.

What exactly is at stake in the 2018 election? The Democratic Party has championed the rights of the common person in America, the opportunity for students to receive a basic and adequate education and a college education that does not bind them to high debt, the rights of citizens to safe products in the marketplace, fair banking and consumer practices, safe water supplies, uncontaminated air to breathe, healthcare that does not bankrupt them with one serious illness, and the chance to rise up in society through hard work and fair labor practices, including a living wage and fair taxation. This requires balance with the opposing party’s pursuit of a marketplace that allows industry to make and distribute profits without respecting public needs and rights, and a tax policy favoring the wealthiest of Americans.  

Twin threats are at work in our democracy to discount the public’s voice – the power of our vote. The first is the gerrymandering of legislative districts to heavily favor one party over another, which invalidates the basic concept of the “one person, one vote” premise of our democracy. The second is voter suppression through Voter ID laws, and other tactics such as indiscriminate purging of voter rolls. These tactics threaten large groups in our electorate including college students, racial and ethnic groups, lower income voters, the elderly and those with disabilities. It is wrong to pass laws that block some Americans from voting and to deny them the opportunity to participate equally in our democracy.

Rayna Cooper lives in Gettysburg and is an advocate for good government and for good health. She has worked in healthcare and education.