VOTER ID LAWS EXPECTED TO HAVE IMPACT ON ELECTIONS
Proposed voter ID laws in at least six states are currently under review by the courts or pending approval by the US Department of Justice. Critics and supporters of voter ID laws agree that voter ID laws could have a significant impact on the upcoming presidential election.
The 24th Amendment to the US Constitution was ratified in 1964 and prohibits poll taxes, or any taxes, from being a prerequisite to a person’s right to vote in federal elections. The United States Supreme Court extended that right to state elections in 1966.
Proponents of voter ID laws believe these laws are necessary and will deter voter fraud, which can include eligible voters voting more than once and unqualified people casting ballots. Unqualified voters include those under the age of 18, people who lack the mental capacity to vote, or criminals who are prohibited from voting due to state law. Penalties for voter fraud vary from state to state, but can include a civil fine of up to $1,000 or imprisonment for up to five years. Most states restrict a convicted felon’s right to vote while incarcerated and even while on probation or parole. Only two states, Maine and Vermont, allow felons to vote while incarcerated. Felons in Kentucky and Virginia are banned from voting for life unless the governor or state legislature restores the right to vote.
A California resident and United States citizen is eligible to vote in California if they are:
- not in prison, on parole, or on post-release community supervision as a result of a felony conviction;
- failing to serve a sentence in a county jail for a low-level felony conviction as defined by the Criminal Justice Realignment Act of 2011 (CJRA);
- not be on parole as an alternative to serving the final portion of a sentence in county jail for the conviction of a low-level felony as defined by the CJRA;
- not declared mentally incompetent by a court of law; Y,
- failing to serve a state prison sentence in a county jail under contract between state and local officials.
That said, a California resident and United States citizen can vote in California if they are:
- in a local jail as a result of a misdemeanor conviction;
- in the county jail as a condition of probation when trial entry and sentence have been suspended following a felony conviction;
- awaiting trial or is currently on trial and has not yet been convicted of a crime;
- completed probation or post-release community supervision for a felony conviction; Prayed
- on parole, unless parole is an alternative to serving the final portion of a sentence in county jail for the conviction of a low-level felony as defined by the CJRA.
Critics of voter ID laws, however, argue that there is no evidence of widespread voter fraud in recent elections, and that the laws unfairly target minorities and low-income voters who may not have the necessary IDs to vote. or the financial means to obtain them. Therefore, the laws will prevent large numbers from voting. According to a 2011 study, about 11% of American adults eligible to vote do not have a government-issued photo ID.
One of the first attempts by a state to require voter ID in order to vote was a law proposed in 1999 by Virginia Governor Jim Gilmore. The law was ultimately struck down later that year by the Virginia Supreme Court because it failed to reduce voter fraud and unfairly excluded voters. After the 2000 presidential election, which was highlighted by the controversial Florida ballot recount, there was more interest in election law and voter fraud. In 2002, President Bush signed the Help America Vote Act, which required first-time voters in federal elections, and all voters who registered by mail, to show a current and valid photo ID or other form of identification acceptable without photo, at the time of registration or voting. Since then, at least 31 states have implemented some form of voter ID law that requires some form of identification at the polling place. State laws differ on what type of identification is required and include:
- must show photo ID (8 states)
- must show photo ID or acceptable alternative non-photo ID (7 states)
- accepts non-photo IDs (16 states)
- no ID required (remaining 19 states).
In August 2012, a federal court struck down a Texas law that would have required voters to show photo identification, holding that the law would have been too burdensome for the poor, who in Texas include a disproportionately high percentage of African Americans and Hispanics.
In California, voters must present proof of identity at registration or before voting, but identification is not required at the polling place. Acceptable forms of ID for registration include government-issued photo IDs, as well as other photo IDs such as:
- employee ID
- Credit or debit card
- Student ID
- health club ID.
California residents can also prove identity with other documents that do not have a photo. However, IDs must include the name and address of the voter, and include documents such as:
- Public service’s bill
- Bank statement
- government salary
- public housing ID issued by a government agency
- lease or income statement issued by a government agency.
While Texas State officials have indicated they plan to appeal the recent ruling, even if it is reversed, it won’t come in time to have any impact on the 2012 election. However, a voter ID similar to the Texas law it was proposed in South Carolina and is scheduled to be heard in September 2012 before the same three-judge panel that decided the case involving Texas’ voter ID law.