In June, the Supreme Court struck down the key enforcement mechanism of the Voting Rights Act of 1965, which mandated Justice Department review of election law changes in states and counties with a history of voting discrimination.
The state of Texas responded almost immediately by going ahead with an arduous photo ID requirement that had until the Supreme Court’s decision been blocked by federal courts.
As the Justice Department and voting rights advocates feared, Texas’ law, which went into effect on Monday, is already keeping qualified people from registering to vote. So far, only 41 of the 1.4 million people who lack an eligible voter ID have obtained a substitute “election identification certificate.” But the new requirement isn’t just preventing people who don’t have certain forms of ID from registering to vote – it’s also threatening to disenfranchise women who changed their names when they married.
Policy Mic notes that the Texas law “requires all voters to provide a photo ID that reflects their current name. If they cannot, voters must provide any of a series of other acceptable forms of identification all of which must match exactly and match the name on their birth certificate." This presents a problem for the 34 percent of women who lack an ID that shows their current name, including those who changed their names when they married:
In fact, only 66% of women have an ID that reflects their current name. If any voter is using name different than what appears on their birth certificate, the voter is required to show proof of name change by providing an original or certified copy of their marriage license, divorce decree, or court ordered name change. Photocopies aren’t accepted.
Now ask a woman who’s been married for years where her original marriage certificate is. Ask a woman who’s been divorced — maybe more than once — where all the divorce decrees are. Ask elderly women where their original birth certificate is.
Today, Think Progress reports on one Texas woman caught in this trap: a state district court judge who has been voting for nearly 50 years but whose registration was almost blocked because her drivers’ license lists her maiden name as her middle name, while her voter registration form did not:
As she told local channel Kiii News, 117th District Court Judge Sandra Watts was flagged for possible voter fraud because her driver’s license lists her maiden name as her middle name, while her voter registration form has her real middle name. This was the first time she has ever had a problem voting in 49 years. “What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” she said.
Watts worried that women who use maiden names or hyphenated names may be surprised at the polls. “I don’t think most women know that this is going to create a problem,” the judge said. “That their maiden name is on their driver’s license, which was mandated in 1964 when I got married, and this. And so why would I want to use a provisional ballot when I’ve been voting regular ballot for the last 49 years?"
The Justice Department is currently suing Texas over the law and asking a federal court to require preclearance in the future, under a section of the Voting Rights Act not affected by its recent ruling.
We’re already well aware that the voter ID laws that have been passed in many states are designed not to prevent fraud but to deter certain groups of people from voting, as several Republicans have admitted in the past. But even without those accidental moments of honesty, it would be clear that something other than an epidemic of voter fraud was motivating the passage of these laws, because there is nothing close to an epidemic of voter fraud.
Today, we have some new evidence of that. Wayne Slater of the Dallas Morning News reviewed the 66 voter fraud cases prosecuted by Texas Attorney General Greg Abbott since 2004 and found that just four cases would have been prevented by the state’s voter ID law. The law was passed in 2011 and blocked by a unanimous three-judge panel of federal judges until this spring, when the Supreme Court gutted the key enforcement provision of the Voting Rights Act. Just two hours after the Supreme Court handed down its decision, Abbott declared the voter ID law to be once again…which in turn led to another Justice Department lawsuit.
The numbers that are supposedly driving Texas’ voter ID push are so ridiculous that they’re actually quite difficult to illustrate. Consider this: Texas had 13,594,264 registered voters in 2012. Four cases of fraud out of 13,594,264 voters works out to… actually, it’s a percentage so small my calculator won’t even display it. Of course, voter fraud is a serious felony that Texas is right to prosecute on the rare occasions that it happens. But Greg Abbott considers the crime widespread enough to pass a law that will disenfranchise thousands of voters who can’t access the ID they need, or will be confused or otherwise deterred by the restrictions and won’t go to the polls.
Perhaps the most telling part of Slater’s piece is this:
“Abbott acknowledged that voter ID wouldn’t have made a difference in most of the cases he has prosecuted.”
Instead, Abbott’s response to Slater’s data on the ineffectiveness of voter ID was as logical as can be expected: Obamacare!
So Abbott’s solution to prevent potential voter fraud is one that he admits won’t address most of the (very few) actual instances of fraud, yet he’s pushing ahead with instituting a law that will disenfranchise thousands? To me, it looks like he doesn’t even believe his own spin anymore. The only “problem” this law addresses is that some people want to vote for Democrats—and Greg Abbott knows it.
The Supreme Court announced today that it will hear a critical voting rights case next year. Arizona has appealed a 9th Circuit decision that barred the state from requiring proof of citizenship from those registering to vote via a federally-approved registration form. Current federal law allows voters to register via federal form instead of a state-specific form. Those opting to do so must swear under penalty of perjury that they are citizens. Arizona’s law, which is currently stayed, would require voters using that form to jump over an extra hurdle to register, requiring them to show proof of their citizenship, a provision disproportionately affecting low-income and minority voters.
The AP explains:
The ruling applies only to people who seek to register using the federal mail-in form. Arizona has its own form and an online system to register when renewing a driver's license. The court ruling did not affect proof of citizenship requirements using the state forms.
Arizona officials have said most people use those methods and the state form is what county officials give people to use to register. But voting rights advocates had hoped the 9th Circuit decision would make the federal mail-in card more popular because it's more convenient than mailing in a state form with a photocopy of proof of citizenship.
The mail-in card is particularly useful for voter registration drives, said Robert Kengle of the Lawyers' Committee for Civil Rights Under Law, which is representing Native American and Hispanic groups in the case.
The conservative wing of the Supreme Court has been eager to challenge voting rights laws in recent years. In 2008, a 6-3 majority of the court upheld Indiana’s voter ID law, paving the way for suppressive voter ID measures throughout the country. The Court may also hear a challenge to section 5 of the Voting Rights Act, which requires federal preclearance for voting rights changes in states and counties with a history of discrimination at the ballot box. Successful court challenges to discriminatory voting law changes this year have shown just how essential that provision still is.
While the composition of the Supreme Court is unlikely to change before these cases are heard, they underscore the importance of federal courts in this election. Not only are federal courts the final protection we have against discriminatory voter suppression laws, the makeup of these courts is on the line in the presidential election. Either Mitt Romney or President Obama could pick up to three Supreme Court Justices and dozens of federal court judges in the next term. Romney has promised to appoint Justices like Antonin Scalia and Clarence Thomas, who have both signaled their hostility to voting rights. If he does, and the Court shifts farther to the right, we could see decades of progress for fair and free elections slip away.
In March, Pennsylvania’s governor signed one of the most restrictive voter ID laws in the country. One study estimated that the law could impose extra burdens on 700,000 Pennsylvania voters, disproportionately affecting the poor, minorities, students and the elderly.
Andrew Cohen at The Atlantic writes today about one Pennsylvanian in her 80s who is struggling to keep her right to vote, sixty years after casting her first vote for Adlai Stevenson. Cohen quotes a letter that Robin Kane wrote to the voter ID law’s sponsor about her efforts to help her elderly mother, Jaqueline, register to vote in Pennsylvania:
For the past two weeks, my sister and I have been trying to help my mother gather the appropriate documents to get the newly required photo ID. The education campaign had inaccurate information and the rules keep shifting, making it difficult for me to understand and it would have been impossible for my elderly mother to do this without assistance.
First, VotesPA and PennDOT websites said she would need to get a non-driver's photo license. To do so, she would need her social security card; an original birth certificate with a raised seal; two proofs of residency; an application; and an oath that she had no other form of ID. My sister and mother spent two days looking for her birth certificate from 1930. They found my dead grandmother's birth certificate, plus ration cards from World War II, and lots of documents of my father's service during that war. But not her birth certificate.
I returned to the websites to learn that even without a birth certificate, she might be able to get the photo ID if the state Department of Health could confirm her birth. However, my mother was born in NY, not Pennsylvania. So, it turned out, this solution didn't apply to her. Instead, I was directed to seek a new birth certificate from the state of New York. Just when I thought we couldn't possibly get this done in time for her to vote, I learned that there is a new option for people exactly like my mom: the new, Department of State photo id for voting.
It still requires her to have her a social security card or number (which we found); proof of residency; an application; and an oath. And it still requires that my 82-year-old mother will travel by bus to a PennDOT office and hope that she has the stamina to wait in multiple lines to complete the process to get a photo ID that she needs for only this one purpose, ever. But she is determined to do so, if she is able. And she will vote against anyone who sided with you in this effort to suppress legitimate votes.
What this really means is that Jacqueline Kane is one of the lucky ones. She has a family that has the means to be able to help her in this fashion. But think of all the other elderly people out there, who won't have a health aid with them, or who don't have access to a bus, or who don't live in elder-care facilities where such opportunities exist. Those people aren't lazy, either. And yet they clearly face disenfranchisement if this law is permitted to stay in effect.
While Kane and countless others in Pennsylvania struggle to meet the voter ID requirement before election day, it’s still unclear whether the law will take effect in November. The Pennsylvania Supreme Court recently returned a challenge to the law to a lower court, ordering the lower court to halt the law if it’s not convinced the voter ID requirements won’t disenfranchise anybody.