Voter ID Requirement Nixed In Georgia
Judge Bedford’s ruling was a significant setback for the Republican-led effort to enforce a photo ID requirement at the polls in Georgia. A spokesman for Thurbert E. Baker, the state attorney general, said the state was already drafting an appeal and would file it to the Georgia Supreme Court as soon as possible.
In October, a federal judge blocked an earlier version of the law, which would have required registered voters who lacked an acceptable photo ID to pay to have one made.
Legislators quickly rewrote the measure to make the ID cards free. Supporters of the law say the cards are necessary to prevent voter fraud.
Exceeds HAVA Requirement
The 2002 federal Help America Vote Act (HAVA) requires states to check -- at the polling place -- the ID of any first-time voter who registered by mail, if the voter did not include verification information when registering.
According to the federal law, the material allowed as proof of ID includes the following:
- a copy of current and valid photo ID; or
- a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or
- a driver's license number; or
- at least the last 4 digits of the individual's social security number
Georgia's state law requires a photo ID. In other words, numbers 2-4 in the above list are not valid in Georgia, according to the legislature and governor, but while the law remains contested in court, photo and non-photo ID is legal. The forms of approved photo ID -- the only ID that would be allowed should the law be judged constitutional -- include:
- a Georgia driver’s license;
- any government-issued photo identification, such as a valid United States passport, government employee photo ID card, a military photo ID card; or
- a valid tribal photo identification card
If a voter does not have an approved form of photo ID, under this law they can cast a provisional ballot but must show voting officials an approved photo ID within two day.
Although the legislature says the bill is needed to combat voter fraud, voting rights advocates and voting experts contend that this type of voter fraud is not a widespread problem. In fact, "Kathy A. Rogers, director of elections in the Georgia secretary of state’s office, said her office had never investigated any cases of a person trying to pose as someone else at the polls."
Tied Up In Court
The law -- passed and signed in 2005 -- has been held up in court. However, the Federal Department of Justice stated "that the ID law had received preclearance under Section 5, arguing that the need to combat fraud cited by the bill's proponents was a valid concern" despite the fact that "DOJ staff assigned to review Georgia's case, after an exhaustive analysis, recommend[ed] the law be rejected under Section 5."
What About Your State?
Check out the database from Election Online to find the status of voter ID requirements in your state. According to the database, 24 states (as well as the District of Columbia) enforce the minimum HAVA ID requirements. Another 18 states require ID -- photo or non-photo -- for all voters; six states require all voters to show photo ID; and two states require all first-time voters to show photo ID.
Also, see Help America Vote Act, Extended Polling : Elections in an Age of Terrorism, eVoting Flawed : A GAO Review
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Comments
The primary problem I have with this voter ID legislation is the fact that it purports to be intended to prevent voter fraud, yet it completely ignores the voter paper trail issue. Unfortunately, that leads me to conclude that those supporting this voter ID bill are simply pushing legislation that they feel would be beneficial to Republican candidates on two fronts. One, it may suppress Democratic voter turnout and it is also being spun as a means to “strengthen border security and crack down on illegal immigration”…a position the GOP feels will benefit them in November.
Here’s my problem. There is little doubt that the GOP has not been motivated to provide effective border security or the means to prevent employers from hiring illegal immigrants. The failure to enact and enforce measures and methods to combat illegal immigration has been a concession to the business community, which has been the beneficiary of hard working, low wage employees. The system in place for employers to verify employee eligibility to work in the U.S. is a virtual joke and it is so by choice…which makes the current voter ID legislation all the more disingenuous and wholly political.
Sadly, it appears that the GOP doesn’t see any advantage to including these paper trail provisions. It is situations of this nature that lead to voter cynicism in their elected officials as well as the entire political process. Ironically, while we are in the process of exporting democracy to other regions of the world, we have U.S. politicians that prefer to manipulate our democracy for partisan advantage. This and other inconsistencies in the application of democracy simply undermine the potential for other nations to believe that the United States is actually an agent for democratic principles.
Read more here:
www.thoughttheater.com
Hello, Daniel:
You are correct, I believe, in your contention that the lack of a paper trail for electronic voting presents a greater chance of fraud than that which would be thwarted by the ID issue.
Georgia’s requirement is especially onerous, because the citizen would have to a) have a government-issued photo ID and b) have to return to elections office within two days to have their vote count.
The courts continue to side with voter advocates in Georgia.
The only reason I can think of that ANYONE would not want to or be willing to present a photo ID is because they don’t have one. And the only reason they’d not have on is if they’re illegal. This precious right of citizenship must be preserved!
Hello, Jane:
It’s not “photo ID” … it’s “government issued” photo ID. There are two types of govenment issued ID for most citizens — passports and driver’s licenses.
A. Most Americans don’t have a passport. Why? Most Americans don’t travel abroad and passports are expensive.
B. Americans who don’t own a car — who live in large cities with public transportation — have no need of a driver’s license (and don’t know how to drive). Believe it or not, every adult in this country does not drive a car!
In this case, *expired* drivers licenses are not “legal” … so any senior who has turned over the driving responsibility to a child or grandchild is also prohibited from voting, without going out of their way to buy yet-another-ID.
This is why the federal law allows “proof” of who you are to be a utility bill, for example.
Given that the offices that provide government-issued IDs tend to open from 8-5, M-F … any blue-collar working person will have a helluva time scheduling time to get the ID. Employers aren’t required to let people leave work to get a gov’t ID.
IF voter fraud were a widespread a documented problem … then mandatory photo ID might be an appropriate solutioni. However, impersonating someone in order to cast a vote is NOT a widespread problem.
And a driver’s license does not indicate citizenship.
Kathy