United States — January 9, 2012 6:20 pm

Hold On, Holder: South Carolina’s Voter ID Law is Just

By

60 Minutes aired an interesting segment, “The Perfect Score: Cheating on the SAT,” recently. The report investigated how Sam Eshaghoff, a nineteen-year-old college student, was able to fraudulently take the SAT and ACT college admissions tests for high-school clients. Earning up to $2,500 per test, Eshaghoff took the SAT at least 16 times, even taking the tests on behalf of girls. Eshaghoff needed only “a little piece of plastic that got laminated once” to dupe test administrators. He says he wasn’t the only one at his high school cheating like this.

This segment on test fraud got me thinking about voting fraud, specifically about the high-profile showdown between the Justice Department and South Carolina over a new voter identification law. South Carolina recently passed a law requiring voters to show government-issued photo identification in order to vote, a measure supporters say will curb voter fraud. Attorney General Eric Holder and the Justice Department argue the law discriminates against minority voters, who are less likely to possess acceptable photo ID, and blocked the law. In a December speech, Holder asked Americans to “call on our political parties to resist the temptation to suppress certain votes in the hope of attaining electoral success.” Currently, 15 states require or plan to require voters to present photo ID in order to vote.

At the heart of the dispute is the fact, according to Assistant Attorney General Thomas Perez, “that 8.4% of white registered voters lacked any form of DMV-issued ID, as compared to 10.0% of non-white registered voters.”

Much has been said and written about the potentially discriminatory impact and legality of the new law. I join the fray to argue, on principle, the voter identification law is just.

We, as citizens, have more than the right to vote, we have the right to vote fairly. After all, the right to pull a lever in an election booth means nothing if the election is not fair. Sam Eshaghoff showed how easy it is to fraudulently represent yourself at SAT testing locations, where photo IDs are required. How much easier, then, would it be to commit fraud when no photo ID is required? The sacred right to vote in this country is founded on the assumption that each vote will count fairly. States are justified in moving to protect that fairness if, as many states have, they deem election fraud is imminent or occurring.

Opponents of the law frequently contend that voting is different from other activities which require a photo ID. Yes, voting rights are sacrosanct and fundamental, but that doesn’t make requiring IDs unfair. The right to travel is a fundamental right according to the Supreme Court, but you must present photo ID to get on a plane. President Obama has called on “every American to commit to at least one year or more of higher education or career training,” yet taking the SAT requires a photo ID. Photo identification is required for many of the activities Americans consider “rights”—to travel, to pursue higher education, and to seek success. It is not unreasonable to require one to vote.

In challenging the South Carolina law, Attorney General Holder has once again played the race card. Speaking about some of his critics, Holder once said: “This is a way to get at the president because of the way I can be identified with him . . . both due to the nature of our relationship and, you know, the fact that we’re both African-American.” Criticisms of Holder, over matters like the disastrous Fast and Furious operation, are performance-based, not racially-based. White political leaders get attacked too. Holder seems to find racism where it isn’t present.

It isn’t present in the law his Justice Department has challenged. The law is a legitimate state attempt to improve the integrity of the voting process. It’s hard to believe South Carolina would battle the DOJ and attract a media frenzy in order to, as some allege, disenfranchise 1.6% more non-whites than whites. South Carolina may be an unfortunate place to have this showdown, given its history of racism, but 14 other states have deemed photo ID necessary to prevent voter fraud as well. When Indiana’s voter ID law came before the Supreme Court in 2008, the Court voted 6-3 to uphold it, with liberal Justice Stevens writing for the majority. If the Supreme Court upheld a voter ID law in Indiana, why would the DOJ challenge one in South Carolina? Just because it’s South Carolina doesn’t mean it’s racist.

The Wall Street Journal details:

South Carolina’s law, like Indiana’s and Georgia’s, explicitly addresses potential disenfranchisement by offering state-issued IDs free of charge. When civil-rights groups fretted about the ability of minority voters to get to the local Department of Motor Vehicles to pick up a free state-issued ID card, Governor Haley created an 800 number to offer free rides to anyone who couldn’t afford the transportation. About 30 people called.

Hardly an attempt to disenfranchise minorities, as the NAACP claimed when it asked the United Nations to intervene.

South Carolina not only can, but must ensure its elections are fair. The law is just.

Photo Credit: http://h1gher.com

 

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  • TotallyAgree

    I also believe that a valid photo ID is required to collect welfare and unemployment benefits, only further supporting your point that it is absurd to claim that this law is aimed at disenfranchising the poor.

  • Mug Duggar

    In no particular order…

    1. With your “imminent or occurring” language, you cleverly slide over the fact that there are remarkably few documented cases of voter fraud. This is a solution in search of a problem.

    2. It wouldn’t be a solution even if the problem existed. What difference would it make that you have to show a photo ID? Does that stop millions of 19-year-olds from buying alcohol? If you’re crazy, rich, and determined enough to orchestrate a mass felony, paying thousands of dummy voters to go into precincts and impersonate legitimate voters, will you be deterred by the costs of making fake IDs?

    3. The comparison to the SAT is invalid. People have a strong incentive to cheat on the SAT. They don’t have a strong incentive to commit voter fraud. The connection between SAT scores and college admissions is strong. The connection between voting when you shouldn’t have and affecting the outcome of an election? Not as strong. Which would explain why this doesn’t happen.

    4. Since every vote should count fairly, I assume you’re a proponent of the national popular vote? California has one electoral vote for every 672,000 citizens (roughly). Wyoming has one for every 181,000 citizens (roughly). In other words, the citizens of Wyoming count 3.7 times more than the citizens of California. And the Senate is even more unequal. The electoral system in this country is very unfair, but the problem is not voter fraud.

    5. You can have all the hotlines you want, but the real danger here is that millions of voters, particularly the elderly and the poor (too often in this country those groups overlap), will simply not know that the rules have been changed on them. If you’ve voted 20 times without presenting an ID, aren’t you going to assume you can do so again? Now you say, well, better watch CNN so you know all about Gov. Haley’s hotline! Except nobody watches CNN, so they’re not going to know.

    6. The easiest way to avoid voter fraud is automatic, universal voter registration. Imagine this: A state government compiles a list of all its citizens. Every polling place in the state gets connected to this database via the Intertubes. A voter shows up, says he’s Joe Schmo, and Joe Schmo is crossed off in the database and he can’t vote again. Oh, but I suppose this will result in massive cross-border infiltration of battleground states? We’ll have Nebraska Joe Schmos slipping into Iowa in order to impersonate Iowa’s Joe Schmos? And Iowa’s Joe Schmos are like, WTF mate?

    So, to recap, in pursuit of this non-solution to this non-problem, you’re willing to make voting harder for people who will tend to be older and poorer than the rest of the population. And call it just.

  • Daniel Draper Lynch

    You argue that South Carolina’s photo ID law is just “on principle” because states must ensure fair elections and “are justified in moving to protect that fairness if, as many states have, they deem election fraud is imminent or occurring.”

    It should be noted that, in practice, voter fraud is very rare. According to the Brennan Center for Justice at NYU School of Law, the voter fraud rate in 2004 in Ohio, a crucial swing state, was only 0.00004%, about the rate at which Americans are struck and killed by lightning. (Ohio did not require a photo ID in 2004.) A 2007 article in the New York Times reported that, over a five-year period in which the Bush administration attempted a nationwide crackdown on voter fraud, only “about 120 people have been charged [with voter fraud] and 86 convicted as of last year.” (http://www.nytimes.com/2007/04/12/washington/12fraud.html?pagewanted=all) The low rate of voter fraud should not be surprising: punishments for voter fraud are severe, and there is much less incentive for an individual to engage in voter fraud than there is to cheat on the SAT.

    Moreover, a closer look at the few prosecutions for voter fraud that did occur during the period covered by the Times article reveals that, in many cases, a photo ID requirement would not have helped. The article explains that “Many of those charged [with voter fraud] by the Justice Department appear to have mistakenly filled out registration forms or misunderstood eligibility rules.”
    You argue that “It’s hard to believe South Carolina would battle the DOJ and attract a media frenzy in order to, as some allege, disenfranchise 1.6% more non-whites than whites.” The 1.6% figure is based on Assistant Attorney General Thomas Perez’s statement that “8.4% of white registered voters lacked any form of DMV-issued ID, as compared to 10.0% of non-white registered voters.” However, as Perez’s letter explains, this disparity really means that “minority registered voters were nearly 20% more likely to lack DMV-issued ID than white registered voters, and thus to be effectively disenfranchised” by the South Carolina law. (The difference, 1.6%, is nearly 20% of 8.4%.) Perez also notes that even this figure may understate the number of registered voters without DMV-issued ID because it does not include voters listed as inactive. Clearly, there could be a real political interest in passing laws such as South Carolina’s.

    Given the rarity of voter fraud, and the disproportionate impact of photo ID laws on poor, elderly, and minority voters (who tend to vote Democratic), it’s not unreasonable to question why so many states (generally those with Republican-controlled legislatures) are suddenly rushing to pass voter ID laws.

  • Frank Mace

    Thanks for your comments–I want to address a few of your points.

    Both Mug and Daniel argue voter fraud is so rare it doesn’t merit the voter ID solution. I disagree. Just yesterday, in New Hampshire (where no photo ID is required), people “were able to obtain ballots under the names of dead voters at polling locations Tuesday by simply asking for them” according to an article in The Daily Caller. I can think of no better demonstration of why voter ID is needed. Requiring IDs will not end all voter fraud, but it will decrease the frequency of fraud and improve the integrity of our democracy.

    (See the full story: http://dailycaller.com/2012/01/11/video-nh-poll-workers-shown-handing-out-ballots-in-dead-peoples-names/)

    Daniel brings up the fact that “The difference, 1.6%” between the rates that whites and non-whites lack acceptable ID “is nearly 20% of 8.4%.” That minorities in South Carolina are almost 20% more likely to lack acceptable ID is an oft-cited figure. In my opinion, that’s an overly dramatic way of saying 8.6% of whites lack acceptable ID while 10% of minorities do. I referenced the 1.6% figure in my post because I think it depicts the real situation in South Carolina better than the 20% figure, which is more about political spin than accurate depiction.

    I think Mug makes a good point, saying “the real danger here is that millions of voters, particularly the elderly and the poor (too often in this country those groups overlap), will simply not know that the rules have been changed on them.” That is a problem, but it can be overcome. South Carolina may need to mail a notice to every resident or look at other ways of informing citizens of the change, but the problem of people not knowing the rules have changed is not so insurmountable that the law needs to be voided. If the fact that some people won’t know the rules have changed is grounds for dismissing a law, then many important laws couldn’t be passed. If you look at how easy it was for people to commit voter fraud in New Hampshire yesterday, the need for the law is extremely apparent.

    Daniel also writes: “Given . . . the disproportionate impact of photo ID laws on poor, elderly, and minority voters (who tend to vote Democratic), it’s not unreasonable to question why so many states (generally those with Republican-controlled legislatures) are suddenly rushing to pass voter ID laws.” It’s definitely not unreasonable to question the voter ID law trend, but one of the states that has passed such a law is Rhode Island, a liberal state with an independent governor, Democratic House of Representatives, and Democratic Senate. If voter ID laws were merely Republican attempts to disenfranchise Democratic voters, why would Rhode Island have passed a voter ID law?

  • Daniel Draper Lynch

    Frank –

    Thank you for your response. A few thoughts:

    Regarding the New Hampshire incident, James O’Keefe is not a credible source: he has been found to deceptively edit his videos in the past. Also, his strategy in the past has always been to catch others (ACORN, Planned Parenthood, etc.) doing something illegal or unsavory. If he is trying to prove that voter fraud is a widespread problem, why did he have to do it himself to prove that it’s happening? Perhaps he is merely trying to prove that voter fraud could happen in a state that does not require Photo ID, but I don’t think he has proven the need for a photo ID requirement. He and his associates were able to obtain ballots by posing as dead people, but states could address this issue simply by ensuring that deceased voters are promptly taken off the rolls. Impersonating a live voter would be more problematic: you would have to know that the person had not already voted or requested an absentee ballot. How many people are really going to go to this length, and risk a felony conviction (which could mean fines, jail time, and permanently losing the right to vote), just to cast a single vote?

    On another note, the 20% figure is not “political spin,” it is simple math. If 10% of minorities lack acceptable ID, versus 8.4% of whites, minorities are nearly 20% more likely to lack acceptable ID, not 1.6% more likely—just as a person who has 10 dollars is 25% wealthier than a person with 8 dollars, not 2% wealthier.

    South Carolina’s decision to offer IDs free of charge and give voters a free ride to pick them up underscores another point: implementing a strict photo ID system is expensive for the states, especially given that many states are already strapped for cash. For example, it has been estimated that implementing a photo ID requirement would cost $20 million in Missouri over the next three years (http://www.huffingtonpost.com/thomas-bates/photo-id-vote_b_855220.html).

    States have other ways to confirm voters’ identities that are both less likely to disenfranchise legitimate voters and less costly to the state than a photo ID requirement. Some states accept a variety of identifiers (utility bills, paychecks, student IDs, bank statements, the last four digits of the voter’s social security number, etc.) Given this, and the scarcity of voter fraud in the first place, photo ID laws just don’t make sense.

    Lastly, yes, Rhode Island is an example of a Democratic state passing a photo-ID law. However, it is the exception, not the rule. A quick look at this map (http://www.ncsl.org/default.aspx?tabid=16602) shows that most of the states (in green) that have a “strict photo-ID” requirement are Republican-leaning states or swing-states like Wisconsin that have recently come under GOP control.

  • Mug Duggar

    Daniel is right on. The point about using other forms of ID which everyone is likely to have is especially important.

  • http://justcoachbags.info Julian Walser

    Fantastic article post.Thanks Again. Fantastic.

  • Jettwo67

    As an AMERICAN who is Black , and a former Democrat turned fiscal Conservative who now considers himself a “Fredrick Douglas Republican”, I find Holder’s & the NAACP’s cries of racial disenfranchisement regarding the SC voter ID law repugnant.

    If a cop pulls me over I must show ID or risk going to jail. If I want to buy a bottle of beer or cigarettes I may be asked to present a photo ID.  If I use a credit card I may be asked to present an ID. If I want a buy some Sudafed for a stuffed up nose and head, you guessed it, I need to present an ID and damn near give blood. What is the big deal of having to present a photo ID to vote as an American citizen. Do you want to give illegal aliens the opportunity to vote? If so, sponsor a bill to do so and stop with the race card crap. What’s  that Obama (aka O’blah’blah)…”it’s the millionares now”?

    If I advertised tickets for sale for a Live “We Ain’t Really Dead” Concert tour featuring the real Evil Presley, Micheal Jackson, Tupac, Biggie Smalls, Kurt Cobain, Aaliyah, John Lennon, and Stevie Ray Vaughn,  along with a special appearance by a living “Bigfoot,” I bet my life I could get at least 10% of the US population to buy tickets and expected to see the real thang.

    How can anyone be productive in today’s society if you cannot obtain a state photo ID. An ID mind you, that is not only free, but they will give you a ride to the DMV? Come on NAACP and Holder, are you telling me that my fellow AMERICAN’s of African decent or so “Disenfranchised”, that they still need you as a Nanny to hold there hand. Martin Luther King would turn over in his grave!  Equal Rights does not mean Equal Results.

    But it’s South Carolina, right? Can anyone tell be what State under what party elected some of the first Black Congressmen. Here’s a wiki link for does brave enough to look: “Warning Liberals, Race Card Players and Victocrates this info might make your head explode”

    http://en.wikipedia.org/wiki/African_Americans_in_the_United_States_Congress

    Scroll down toward the bottom of the wiki link page and check out the spreadsheet. Also check out the section stating “Disenfrancisment” and tell me what party was notorious for Disenfranchising  Blacks from the voting process not to mention segregation.  ” Things that make you say hummmm?” Can you say, “Stockholm Syndrome?” What’s that Holder, did you say “But that was long ago?” Well, what year did your Democratic party elect it’s first Black US Representative?

    Can anyone tell me how Tim Scott  (a Black AMERICAN Republican) got elected to congress to represent Charleston SC in 2011? Yes you heard me, Charleston SC in 2011 ! Last I checked the majority of Republican’s in Charleston are AMERICAN Whites? What’s that you say Holder, “he’s just a token so racist whites can say that they are not really racist, but deep down they are racist?”

    Didn’t you say that about Colin Powell and Conoleezza Rice who served a Secretary of State under the Bush administrations. Is not our present US President Black? Dame, NAACP, Jesse Jackson, Al Sharpton, Cornell West, Tavis Smiley, if Racist White America keeps this “Black tokenism” tricky scheme up…..yaw might be out of a job!

    Holder, why did you give those two New Black Panther Party idiots a pass for breaking the Voting Rights Act back in 2007. You remember when they where standing in front of a polling place looking like Black Nazi militant goons holding Billy Clubs (here is a link to  youtube video, check it out:

    http://www.youtube.com/watch?v=neGbKHyGuHU

    The Bush administration prosecuted the case and got convictions. Why did your department drop the case Holder, even though at least of these guys was found guilty and convicted none the less? Is it like the whistle blower in the DOJ said? Under an Obama/Holder administration the DOJ is to ignore or drop all cases regarding Blacks who violate the Voter Rights Act?  I guess OJ getting off for double homicide just wasn’t enough for you, right?

    What does color of skin have to do with breaking a law that hundreds of Blacks and Whites in the past have died for. Holder you and your Victocrate types turn my stomach! You and those like you are the true Racists in the room my brotha.

    Let me leave you with the words of a Civil Rights speech given to congress by one of America’s first Black congressmen back in late 1800′s, the honorable, John Lynch. Mind you he was was born a slave yet still rose to represent SC under the Republican party.  A real AMERICAN…..my hero! I suggest you also watch a video put out by “Wall Builders” called, “American History In Black and White.”

    John Lynch:
    “They were faithful and true to you then; they are no less so today. And
    yet they ask no special favors as a class; they ask no special
    protection as a race. They feel that they purchased their inheritance,
    when upon the battlefields of this country, they watered the tree of
    liberty with the precious blood that flowed from their loyal veins. They
    ask no favors, they desire; and must have; an equal chance in the race
    of life.”

    If this man who was born a slave, who later became a US Congressmen, was not crying and pulling the Race Card at every turn; I ask, why the hell are you Holder and NAACP. Why the hell are you?

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  • ShadrachSmith

    It is NBC who is editing the videos. Pay attention.

  • ShadrachSmith

    O’Keefe is at least as trustworthy as Obama or Holder.

  • ShadrachSmith

    The Republicans want reasonable Voter ID to prevent fraud.
    The Democrats say that would end democracy as we know it.

    There is a lesson there.

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