US Supreme
Court Clears Way for Partisan Vote Suppression
Just because it’s Constitutional,
doesn’t mean it’s right
The Republican leaning US Supreme
Court upheld Indiana’s Voter Photo ID law in a 6 to 3 decision on
Monday. (
Read the Ruling Here ) A majority approved the law despite the
fact that experts from across the political spectrum have
demonstrated that in-person voter impersonation is practically
unheard of. In fact, the Court acknowledges that point, "The
record contains no evidence of any such [in-person voter
impersonation] fraud
William "Boss" Tweed
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actually occurring in Indiana at any time
in its history." (Source: Crawford V. Marion County Election Bd)
The Court cited just two examples of in-person voter impersonation
happening anywhere in the United States. In one, the Court was
forced to look back to "Boss" Tweed and the 1868 New York City
Elections. In the other, the Court went over 2,000 miles away to
find a single example in Washington State. An excellent
short summary of the case can be read here.
Essentially, in its Indiana decision, the Court ruled that a State
may justify a law limiting the ability of an individual to vote
simply by presuming the possibility that abuse or fraud might
plausibly take place. Evidence of actual abuse or fraud is not
required. At the same time, to overturn such a law, voters have the
high burden of demonstrating that the law would cause widespread
disruption and disenfranchisement.
Photo ID Laws
Suppress Turnout
Experts have demonstrated
that the Indiana photo ID law, like the proposed Texas photo ID law,
suppresses the vote of the elderly, minorities and the poor.
Nevertheless, partisan Republicans are pursuing photo ID laws in
Texas, and throughout the country, purely for partisan gain.
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In his scathing dissent,
Justice David Souter writes:
Without a shred of evidence that in-person voter
impersonation is a problem in the State, much less a
crisis, Indiana has adopted one of the most restrictive
photo identification requirements in the country. The
State recognizes that tens of thousands of qualified
voters lack the necessary federally issued or
state-issued identification, but it insists on
implementing the requirement immediately, without
allowing a transition period for targeted efforts to
distribute the required identification to individuals
who need it. …. It is impossible to say, on this record,
that the State’s interest in adopting its signally
inhibiting photo identification requirement has been
shown to outweigh the serious burdens it imposes on the
right to vote.
…The State’s
requirements here, that people without cars travel to a
motor vehicle registry and that the poor who fail to do
that get to their county seats within 10 days of every
election, likewise translate into unjustified economic
burdens uncomfortably close to the outright $1.50 fee we
struck down 42 years ago. Like that fee, the onus of the
Indiana law is illegitimate just because it correlates
with no state interest so well as it does with the
object of deterring poorer residents from exercising the
franchise. (Crawford V. Marion County Election Bd.
Souter, J., dissenting)
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Texas
Republicans May Exploit Decision
In 2007, Texas Republicans pushed an onerous photo ID bill that was
ultimately blocked only because
Senator Mario Gallegos literally risked his life to stay in the
Senate chambers to vote against the bill. Since then, House Speaker
Tom Craddick and harshly partisan Republican Leo Berman have
telegraphed their intent to revive a Texas Photo ID bill in 2009.
They likely will use the Indiana decision as justification for their
partisan efforts.
Texas news outlets have
been overwhelmingly against the Republican Photo ID bills and,
hopefully, in light of the Indiana decision will renew their
opposition and inform Texas voters of the harmful and partisan
impact of the GOP efforts.
Texas Newspapers have already said
"Keep this law out of Texas"
Each of the major daily papers and many smaller papers have penned
an editorial against the voter suppression legislation including
the:
Houston Chronicle –
“With no proof of significant voter fraud in state elections, the
Texas House is considering bills that would require voters to
provide additional identification in order to register and cast
their ballots. Not only is the legislation unjustified, if enacted
it could disenfranchise large numbers of the elderly, the poor and
minorities.” April 26, 2007
Dallas Morning News -
“Voting is a privilege sacred to the Republic. The process needs to
be secure. Violators should be prosecuted. But absent any evidence
of serious security breaches at the polls, access to the voting
booth needs to remain as unimpeded as it is today. ” April 25, 2007
Austin American-Statesman -
“Voter fraud is not an issue because Texas is not being
flooded with unregistered voters and illegal immigrants flocking to
the polls. That just isn't happening.” April 26, 2007
Fort Worth Star-Telegram -
“The architects of this idea, pitched as a noble effort to
prevent voter fraud, cannot be allowed to succeed with what is
surely one of the greatest assaults on the right to vote in this
state since passage of the federal Voting Rights Act in 1965.” April
23, 2007
Waco Tribune - “When
asked for evidence that the problem is rampant in this great and
vast state, partisans who cry “voter fraud” are strangely silent.”
April 25, 2007
Corpus Christi Caller-Times –
“Putting more procedural hurdles in the way of voters is precisely
what the doctor did not order. In fact, it conjures up memories of
the old poll-tax days, when the system actively discouraged voting
by all but the "right" groups.” April 25, 2007
(202) 547-7610 - Fax (202) 547- 8258
April 30, 2008
Contact: Matt Angle
On the web at
LoneStarProject.net
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