I can’t say I’m surprised by this decision. Regardless of what anyone says, the decision to require photo ID for voters is purely political. Ditto the U.S. Supreme Court’s decision in this matter.
As someone who has a better-than-average knowledge and understanding of election law, I have to tell you that photo ID requirements are solutions in search of problems.
In PA, we all have to sign a poll book or voter’s certificate before we actually cast our ballots. Yup, it is kind of hard to impersonate somebody if you can’t forge their signature.
If legislators were truly concerned about voter fraud, they would be doing more to tighten up voting by absentee and overseas ballot. They would be concerned with ensuring that there are an adequate number of voting machines in all precincts, regardless of how rich or poor. They would be concerned about the integrity of voting machines.
The Supreme Court upheld Indiana’s voter-identification law on Monday, declaring that a requirement to produce photo identification is not unconstitutional and that the state has a “valid interest” in improving election procedures as well as deterring fraud.In a 6-to-3 ruling in one of the most awaited election-law cases in years, the court rejected arguments that Indiana’s law imposes unjustified burdens on people who are old, poor or members of minority groups and less likely to have driver’s licenses or other acceptable forms of identification. Because Indiana’s law is considered the strictest in the country, similar laws in the other 20 or so states that have photo-identification rules would appear to have a good chance of surviving scrutiny.
The ruling, coming just eight days before the Indiana primary and at the height of a presidential election campaign, upheld rulings by a Federal District Court and the United States Court of Appeals for the Seventh Circuit, which had thrown out challenges to the 2005 law.
Justice John Paul Stevens, who announced the judgment of the court and wrote an opinion in which Chief John G. Roberts Jr. and Anthony M. Kennedy joined, alluded to — and brushed aside — complaints that the law benefits Republicans and works against Democrats, whose ranks are more likely to include poor people or those in minority groups.
The justifications for the law “should not be disregarded simply because partisan interests may have provided one motivation for the votes of individual legislators,” Justice Stevens wrote.
Justice Stevens and the two court members who joined him found that the Democrats and civil rights groups who attacked the law, seeking a declaration that it was unconstitutional on its face, had failed to meet the heavy burden required for such a “facial challenge” to prevail.
Perhaps, they suggested, the outcome could be different in another voter-rights case, one in which a plaintiff could show that his or her rights had been violated. That was the approach suggested by the Bush administration, whose solicitor general, Paul D. Clement, urged the court to wait for a lawsuit brought by someone was actually barred by the statute from casting a ballot.
Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. concurred in the judgment of the court, but went further in rejecting the plaintiffs’ challenge. In an opinion by Justice Scalia, the three justices said, “The law should be upheld because its overall burden is minimal and justified.”
Indiana’s law allows voters who lack photo identification to cast a provisional ballot, then appear at their county courthouse within 10 days to show identification. Chief Justice Roberts, who grew up in Indiana, said during the argument of the case in January that such requirements are not onerous. The law also makes provisions for people in nursing homes.
Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer dissented. Justice Souter, in an opinion joined by Justice Ginsburg, said the Indiana law, which calls for a government-issued photo identification, like a driver’s license or passport, “threatens to impose nontrivial burdens on the voting rights of tens of thousands of the state’s citizens.”




Attack a real problem first!
I believe making sure every voting machine in PA produces a paper trail is more important than worrying about voter IDs. The electronic machines are subject to many problems such as hackers, malfunctions, breakdowns, etc.
The real problem.
Elitists who think that everyone should shell out the money and the time to get a government-issued ID card.
You can't buy alcohol if you look like you may be under 30 in
many PA college towns. I think that perhaps we should be more concerned about someone committing election fraud than some freshman buying buying a six-pack of Milwaukee’s Best Ice.
How in the world can someone function in society without ID? My 93 year old grandmother doesn’t drive anymore, but she has photo ID which she must use when she cashes her Social Security Check.
One key fact in this case is that Indiana provides non-drivers license IDs for free, so the argument that this is a burden to the poor is invalid.
IDs might be free, but
The ID cards might be free, but getting to them costs money, either to drive, take a bus or a cab or maybe have to take unpaid time off work. Yours is always the line reactionaries and others who DO NOT want people to vote make. The Indiana law is voter suppression pure and simple. Shame on Justice Stevens for agreeing that’s OK.
pd
Do you really beleive that Justice Stevens is reactionary who
does not want people to vote?
Not Stevens
No, I don’t think Justice Stevens is a reactionary who doesn’t want people to vote, but this ruling flies in the face of his impassioned dissent in Bush v Gore. He is the last justice I would have expected to write the majority opinion upholding this odious law.
I believe the people who wrote, supported and passed the Indiana law are reactionaries who don’t want people to vote.
pd
Voter fraud must be allowed
Voter fraud must be allowed and encouraged if Democrats are to win elections.
It’s a simple as that.
If we are to be taxed to support a progressive agenda, which will raise taxes even higher to support a more progressive agenda, voter fraud is an absolute necessity.
That’s why this photo ID is such a step backwards.
Ignore
I’m taking it upon myself to determine which posts deserve to be ignored. This is one of them.
Few, if any, instances of voter fraud at the polls
Look at the evidence that evidence that was produced by the State of Indiana.
This is a direct quote from the Supreme Court’s opinion.
“The only kind of voter fraud that SEA 483 addresses is in-person voter impersonation at polling places. The record contains no evidence of any such fraud actuallyoccurring in Indiana at any time in its history.”
So my question to you is, if there was no evidence of a problem, why enact the law?
Given your previous comment, though, I doubt I’ll get an intelligent answer.
-blackrobe
Blackrobe, my dear friend...
Hi Blackrobe. I’ve missed you. I suppose it’s time for our weekly tussle. You note in your analysis of the decision that proponents of the ID law were unable to cite even one instance of voter fraud in the state of Indiana. You neglect to mention that opponents of the measure were unable to cite one individual who wasn’t prevented from casting a ballot due to such a law. I find it curious that nowadays citizens need to present some form of ID in a wide variety of settings, yet some don’t find it unnecessary to prove identity when casting a ballot. Your comment on the poll book is interesting. Perhaps I voted in some sloppy precincts, but the workers I’ve dealt with in the past have never compared my signature against anything (even when I’ve offered my driver’s license as proof of ID). I can’t say that’s the norm in precincts across the state, but I offer that as personal experience. Justice Stevens (for once) is actually correct: first, no constitutional conflict exists in Indiana’s law. Second, even if the premise of the petitioners is accurate (namely that voter fraud is not a problem in the state of Indiana), the state’s interest in an accurate and clean election should carry more weight (as Justice Steven’s noted). Third, I do find the argument that thousands (some claim millions) will be “disenfranchised” (a buzzword if ever there was one) to be a bit overblown. The state of Indiana is offering anyone photo IDs free of charge to anyone who does not have one (as a previous blogger noted). I would assume that when Indiana says ANYONE, they truly mean ANYONE: seniors, the homeless, etc. (i.e., exactly the people who the law’s opponents are convinced would be denied the right to vote under an ID requirement). Now, will some be inconvenienced in acquiring a photo ID? Perhaps, although I’m pretty sure a bus or bike ride doesn’t quite rise to the level of a constitutional violation. Thus, with no constitutional or practical conflicts, opponents are relegated to labeling the law “mean-spirited” and “unnecessary”, which is a fairly weak argument when one considers the flip side: namely, states should have no concern in running clean and fair elections. No fraud problems, you say? Some in the city of Chicago may beg to disagree. They seem to have this eerie problem of the dead rising from the grave to cast ballots every four years. Hey, if Illinois gets on board, at least the stiffs will have to show some ID from now on.
What the "Gent" believes
I figured you wouldn’t be able to resist commenting on this thread, so let me remind KP readers that you, under your former username Pghtory, believe minorities and poor people shouldn’t be allowed to vote.
pd
Give It A Rest, pd...
I also figured you couldn’t resist leveling this ridiculous charge against me once more, pd. As in the past, please post (as you did on a previous thread, I believe) the comment you refer to for all to see. At no time did I propose a policy even remotely close to what you refer to (which my post from two years ago, if pd is kind enough to put it up once more, will bear out). It’s a cheap tactic that pd often employs on this topic (and others), most likely in order to avoid having to construct an intelligent response (which pd is incapable of doing on this issue, as history proves). So, go ahead and call me a racist and “meanie”, pd, if it makes you feel better (and allows you to maintain your oh-so-important sense of self-righteousness). While you’re busy with your self-congratulatory party, others will actually be debating the issue at hand. You wouldn’t want to be bothered with that, however. It’s more fun to sling insults at the opposition without having to do any real work.
You are what you are, Gent
A 20-something student who hasn’t lived enough yet to know that the things you spout are hopelessly uninformed by experience. You are an amusing foil on this site and nothing more.
pd
Please Lead Me, pd...
Wow. So you no longer even attempt to even back up your insults (let alone try to sustain an argument). I suppose it’s never to late to begin learning by “experience”. I guess I’m now relegated as “the kid” who doesn’t know anything. If this is the case, for the record, I’m a graduate (not student) on the latter end of “twenty-something” status, and apparently this means I don’t have the ability to form opinions (well, that is unless their in lockstep with pd’s, of course – in that case, I suppose that I’d be labeled a “real up and comer in progressive circles”. Since you’re the old, wise, and learned one here, pd, exactly what “experiences” led you to your position on the voter ID issue? What exactly were you forced to live through as it pertains to voter identification? I’d be extremely interested to sit under your learning tree here.
By the way, bloggers are nothing but foil for each other (and “nothing more”), so please come down off your lofty perch. I realize the distinct possibility that you feel empowered behind a keyboard (which is most likely why you feel so free in implicitly labeling others as racist), but please realize you (like me) are nothing more than an anonymous citizen that with an opinion. That’s it. The only difference is that some of us at least attempt to keep things interesting. You hardly even try.
Gent OK With Spending Taxpayer $ to 'Solve' Nonexistent Problem
Gent,
I take your comments to mean that you have no problem spending taxpayers’ money to fund a government program, so long as that program suits your agenda.
Also, I find it curious that the Indiana law does not require photo ID for absentee voting, despite the fact that absentee voting is much more subject to fraud than in-person voting.
-blackrobe
Taxpayer $
Isn’t that what government does/is? Our legislators stump to get taxpayer dollars to fund their particular programs. Some of us support those programs and some of us are opposed to those programs. That’s it in a nutshell.
See Gent's Prior Posts
He never misses an opportunity to rail against taxes. I’m trying to point out the inconsistencies in his arguments.
-blackrobe
Response from the Wild-Eyed Libertarian
Blackrobe –
Again you seem to have this notion that I’m some kind of hardcore libertarian who rails against each and every government program. In a lot of cases, government efficiency can be improved and many programs can be consolidated or eliminated. However, this is far from a libertarian viewpoint. Staying on point, however, I would hope that a voter ID law whose purpose is to ensure a fair and accurate election would be a part of everyone’s “agenda”, conservative or liberal, right or left. Your intent on using absentee ballot fraud as an argument against a voter ID law is interesting. I personally believe absentee ballot laws should be tightened as well, but absentee fraud isn’t as easy as you make it out to be. I’m not familiar with the laws in Indiana, but here in Pennsylvania, if a voter is unable to make it to their precinct on Election Day due to illness, for example, they must provide the name of their doctor on their absentee ballot application. From a budgetary standpoint, I don’t know exactly how much a voter ID program will cost the state of Indiana annually, but I’m sure it’s a drop in the bucket compared to the alternative.
Again, no evidence of in-person voter fraud
Gent,
There is scant if any evidence of in-person voter fraud. Therefore, spending money to fix a nonexistent problem does nothing to ensure fair and accurate elections. Rather, it furthers the rights agenda of erecting barriers to the ability of poor and minority voters to vote. And yes, Indiana will give out free government-issued ID, but only if you have certain documentation. Have you taken a look at this list? http://www.in.gov/sos/elections/hava/2007%20Media%...
-blackrobe
By the way, do you have synonym for disenfranchisement that is not, as you say, politically charged?
Going In Circles, Blackrobe...
It seems like we keep dancing in circles here, Blackrobe. You have zero evidence of (to use your word) disenfranchisement resulting from the institution of voter ID laws. The only “agenda” voter ID laws serve is to ensure fair and accurate elections. Honestly, one would think this would be a non-partisan issue. Justice Stevens (hardly a conservative) appears to give that exact impression in his opinion. What impassable “barrier” is erected by having a free photo ID issued to those who don’t have them? None. As to your other argument, there have been documented cases of voter fraud in the past (again, the dead always seem to spring up in Chicago in even-yeared Novembers), but even if fraud has never taken place anywhere, it is a bad idea to institute a policy that greatly diminishes it’s likelihood? That’s like saying, “Well, our neighborhood has never had a break-in before. Considering this, we might want to re-examine our burglary laws.” Just because it hasn’t happened (which I disagree with, but as you argue), that doesn’t mean it can’t or won’t happen in the future. It certainly doesn’t mean that states can’t take common sense solution to discourage it’s potential rise in the future.
Evidence for the Gent
To get an ID in the state, you must have a validated birth certificate and two other forms of identification. An Indiana state employee has testified that as many as 60 percent of applicants for IDs are turned away because of improper documentation.
http://abcnews.go.com/TheLaw/SCOTUS/story?id=36481…
Statistics show that the poor and minorities are less likely to have birth certificates and the other IDs required in order to get the “free” Indiana ID.
Just be intellectually honest and admit that the purpose of the photo ID requirements, which go well and above what is required by the federal Help America Vote Act (HAVA), and designed to suppress the vote.
More to come …
Oh, and give the thing about Chicago a rest. Geez, Stevens has to go back to Tammany Hall to find justification for upholding the Indiana law.
-blackrobe
A Rather Weak Case, Blackrobe...
Yes, I know, Blackrobe. The Indiana ID requirements are so restrictive that acceptable documentation range from birth certificates and veteran’s access care cards to Medicaid cards and work permits. Basically, if you have a few pieces of paper with your name on it, you can get a free photo ID card from the state of Indiana. Are you attempting to argue that low-income and minority voters in Indiana have NONE of these documents? Are you trying to say that hundreds of thousands of people are just wandering aimlessly around the state with nothing to prove who they are? If that were the case, I’d say Indiana has a much bigger problem than voter fraud.
As long as we are being “intellectually honest” and exploring potential ulterior motives, a cynic might take a look at the opposition’s motives and conclude they are just worried about losing votes, not voters. Hey, as long as we’re tossing theories out there…
Oh, on Chicago – the Chi-town political machine never seems to let the dead “rest”. Why should I?
Suit was a FACIAL Challenge to ID Law
Gent,
You do not need evidence of individual cases of voter disenfranchisement (not a buzzword, by the way) if you are mounting a facial challenge to the constitutionality of the voter ID law.
-blackrobe
C'mon, Blackrobe...
Technically, but it certainly seems like such evidence would’ve helped the petitioner’s cause, and if any had actually existed, you know it would have been included in the petitioner’s briefs.
Oh, and yes, “disenfranchisement” is indeed a buzzword. The left has always relied on it to whip up opposition among minority groups to whatever law or policy they take issue with at a particular time. The right has their buzzwords, too; it’s not a partisan thing – just political.
Minorities should be
Minorities should be allowed to vote as often as they need to in order to make up for their numbers. A person in a minority group composing 10% of the population should be able to vote ten times.
That is how liberals think democracy should work, and not showing IDs helps them make it work as they think it should.
Ignore: Minorities should be
Nothing relevant
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