voter ID laws

  • October 27, 2015
    Guest Post

    by Marissa Liebling, Legislative Director, Project Vote

    The year before a major election has brought about a flurry of legislative activity impacting voter eligibility and election procedures. Each week, Project Vote tracks such legislation and voting-related news throughout the country. Our biannual Legislative Threats and Opportunities report summarizes and highlights the information obtained from three areas: our ongoing bill tracking effort, our work with local advocates and officials, and a compilation of information on related factors like the partisan makeup of legislatures and state election officials. The report provides an important snapshot of activity by issue area and by state so we can reflect on current trends and prepare for the future.

    The good news: Recent policy trends favor voting rights expansion and election modernization over unnecessary restrictions that limit access to our democracy. Comparing the rates of both bill introduction and successful bill passage, proposals expanding voter access far outpaced those seeking to limit and restrict the right to vote. While positive legislation covered many areas, from restoring voting rights for disenfranchised felons to providing early voting, online registration and automatic registration dominated the year.

    Automatic registration leaped atop the priority list for many advocates and lawmakers. Oregon passed a law enabling the automatic registration of eligible residents using information collected by the state’s motor vehicle agency. An avalanche of registration modernization legislation followed, with California passing a similar law. While proposals vary in name and substance, automatic registration and electronic transfer policies seek to improve outdated processes and shift the burden now on citizens to proactively opt-in and maintain records in order to exercise a fundamental right.

    If automatic registration is trendy, online registration is becoming the norm. This year, online registration laws passed in three states, while two states launched online registration sites through administrative action. More states are expected to bring registration online in the coming year. Efficient and convenient, paperless registration sites are now available in a majority of states. 

  • October 9, 2015
    Guest Post

    by Deuel Ross, Fried Frank Fellow, NAACP Legal Defense and Educational Fund, Inc.

    On Friday, the NAACP Legal Defense and Educational Fund, Inc. (LDF), on behalf of our allies at Greater Birmingham Ministries and the Alabama NAACP, wrote a letter to the state of Alabama about its decision to close 31 of its Department of Public Safety (DPS) driver’s license-issuing offices. The state’s decision shuttered DPS offices in eleven rural counties: Choctaw, Sumter, Hale, Greene, Perry, Wilcox, Lowndes, Butler, Crenshaw, Macon, and Bullock. These eleven counties make up most of Alabama’s “Black Belt”—a region with large concentrations of African Americans, incredibly high poverty rates, and almost no public transportation.

    In our letter, LDF noted that there is a strong likelihood that Alabama’s actions violate the protections provided by the Voting Rights Act of 1965 and the United States Constitution. But what do driver’s license offices have to do with voting? A lot, actually.

    In 2014, Alabama began enforcing a strict photo ID law which requires voters to show a driver’s license or another form of photo ID in order to cast a ballot. Alabama did so despite the state’s own analysis, which found that at least  250,000 registered voters don’t have a driver’s license or other acceptable photo ID. One such voter was Willie Mims, a 93-year-old African American who was turned away from his usual polling place because he did not have a driver’s license. African Americans like Mr. Mims very likely account for a disproportionate share of those thousands of voters that the photo ID law may disenfranchise. In addition, the federal National Voter Registration Act requires Alabama’s DPS offices to provide voters with opportunities to register to vote. Alabama recently agreed to adopt measures designed to increase such opportunities for voter registration.

    In light of the close relationship between voting and driver’s license offices, and despite Alabama officials’ half-hearted denials, these closures will drastically reduce the number of locations where African-American voters can go to ensure their unfettered access to the ballot. These closings in the poorest, most rural parts of the state’s African-American community smack of the cavalier racism of the Jim Crow era and open yet another chapter in Alabama’s long and egregious history of suppressing the African-American vote.

  • October 8, 2015
    Guest Post

    by Herman N. (Rusty) Johnson, Jr., Associate Professor of Law, Samford University Cumberland School of Law

    The state of Alabama has once again relegated some of its citizens to second-class status.  The confluence of driver’s license office closures and a much maligned voter identification law fosters the dishonoring of Alabama’s black and impoverished citizens in a perpetual cycle of deprivation and struggle.

    The genesis of the recent strife begins with Alabama’s enactment of a voter ID law in 2011, requiring citizens to present a valid, government-issued ID to vote at polls beginning in 2014. One of the most common forms of ID satisfying the state law are driver’s licenses. Pursuant to the state’s own study conducted in 2014, 10 percent of registered voters – 250,000 citizens – lack any form of the required photo ID, and 20 percent of registered voters – 500,000 citizens – lack a valid Alabama driver’s license or non-driver photo ID.

    Ostensibly due to spending reductions in Alabama’s fiscal year 2016 budget, the Alabama Law Enforcement Agency (“ALEA”), of which the Driver License Division is a part, closed 31 part-time, satellite driver’s license offices. As a result of these closures, 28 of Alabama’s 67 counties will not have facilities to issue licenses to first-time driver’s license examinees or out-of-state transplants seeking an Alabama license. Those seeking license renewals may do so at county probate offices or online (yet those options present their own problems).

    Citizens and civil rights defenders decry the closures due to the disproportionate burden massed upon black citizens and the impoverished in the largely rural counties. The closures eradicate eight of the ten counties in Alabama with the highest percentages of non-white, registered voters. Indeed, those eight counties comprise the only counties where more than 75% of the registered voters are black citizens. A refined analysis portrays a more troublesome picture. While 80 percent of the counties with non-white voting majorities suffer the closures, only 35 percent of the counties with white voting majorities bear any consequences (20 of the 57 remaining counties in Alabama), thus leaving 65 percent of the counties with majority-white voters largely unaffected. This disparity in the closures’ impact starkly portrays the inequity in ALEA’s budget cutting.

  • August 11, 2015
    Guest Post

    by Julie Ebenstein, Staff Attorney, Voting Rights Project, American Civil Liberties Union

    *This post is part of ACSblog’s symposium regarding the 50th anniversary of the Voting Rights Act of 1965.

    Just days before the 50th anniversary of the Voting Rights Act, we completed a three-week trial challenging North Carolina’s sweeping anti-voter law. 

    In 2013, soon after the U.S. Supreme Court struck down Section 4 of the Voting Rights Act - and with it, the preclearance protections of Section 5 - North Carolina passed an election law shocking in its lack of a valid purpose and its extensive abridgement of citizens’ right to vote.  The challenged provisions of the law reduced the number of days for early voting, eliminated same-day-registration, and prohibited out-of-precinct Election Day voting.  Cumulatively, the law is one of the most repressive elections bills seen in decades. The law exemplifies a “second generation” barrier to voting.  It created broad, structural impediments to electoral participation, in part on the basis of race, and will likely impact hundreds of thousands of voters in the upcoming presidential election.

    In the pre-2013 world, the law would not likely have survived Section 5 preclearance, and thus, would never have been implemented.  But the absence of Section 5’s protection has created a severe disadvantage for voters challenging state’s vote denial measures. Our lawsuit, filed the day the law was implemented, illustrates some of the obstacles to protecting voting rights in the post-Shelby era.

    Section 2’s prohibition on racial discrimination is one of the remaining tools to protect the franchise, but it requires that litigation take place after a law has already gone into effect. As such, the advantages of time and inertia have shifted back to the perpetrators of voter suppression and away from its victims.  Section 2 cases are fact intensive, time-consuming and resource-intensive undertakings.  With constant election cycles, there is no guarantee that the legality of state election laws will be determined before voters are irreversibly disenfranchised.

    The 2014 federal election provides numerous examples. In late 2014, we saw rapid-fire orders by the U.S. Supreme Court, instructing the Sixth, Fourth, Seventh and Fifth Circuits to put election-related decisions on hold until after the election.  Over the course of three weeks, the U.S. Supreme Court made four determinations that affected voting rights in key federal elections.  On September 29, 2014, the Court stayed an Ohio district court decision, upheld by a Sixth Circuit appeals panel, enjoining the state’s cuts to early voting.  The following week, on October 8, the Court stayed the Fourth Circuit mandate to reinstate same-day registration and out-of-precinct voting, after the district court declined to enjoin the practices.  The next day, the Court vacated the Seventh Circuit’s stay of a Wisconsin district court’s permanent injunction of the state’s strict voter ID law.  On October 18, the Court denied applications to vacate the Fifth Circuit’s stay of a decision enjoining Texas’s voter ID law. 

  • November 4, 2014

    by Paul Guequierre

    Today your Facebook and Twitter feeds are likely full of posts from your friends telling you to vote. This morning when I turned on my computer I was instantly bombarded with ads and posts telling me who to vote for and others saying it doesn’t matter who I vote for, as long as I vote.  Admittedly I shared the first post I saw, which depicted a big button that said “Vote.” I added my own little commentary saying I hope my friends in D.C. and back home in Wisconsin vote today. I voted early last week, so in my mind I had done my civic duty. I smiled at my Facebook post thinking all my friends will see how civic-minded I am. Then reality hit.

    It was easy for me to vote early last week. I had the luxury of taking a long lunch hour and walking to the early polling place with two colleagues. As I walked in I was a tad annoyed when I was told there would be about a five minute wait. There was no line, how could there be a wait, I thought. But it was no big deal, for me anyway. I’m paid salary, not hourly, and I have an understanding boss who encourages me to vote. I didn’t have to worry about missing work, not making money while I took the time to walk to the polling place and cast a ballot. My biggest worries were the sudden drop in temperature which made it a rather chilly day and the ridiculous five minute wait, which actually ended up being only about a three minute wait. Still I rolled my eyes.

    But I voted and my vote will be counted, there’s no question about that. Regardless of whether the people I voted for win, I know I wasn’t disenfranchised. I never even had to worry about that. That’s not the case for far too many people in this country.