Voting Newsletter: Pa. ID Law Under Fire (Video)

May 8, 2012

Latest Developments

Groups Fight Pennsylvania Voter ID

Representing 10 residents who do not meet the requirements to get photo ID, the Pennsylvania ACLU and other groups have filed a complaint in state court seeking to block the state’s new ID measure. Plaintiffs contend the new rule violates the state’s Constitution “by depriving citizens of their most fundamental constitutional right — the right to vote.”

“Wartime welder, civil-rights marcher, world traveler, voter — Viviette Applewhite of Philadelphia's Germantown section can boast of having been all those things,” wrote The Philadelphia Inquirer, in a profile of one of the voters. “On Tuesday, she added another title: plaintiff.”

Applewhite, who is 92 and uses a wheelchair, does not have a driver’s license. She lost the rest of her ID when her purse was stolen years ago. So far, state officials have been unable to find her birth certificate, Applewhite said.

Watch her story:

See video of the other plaintiffs and read their stories. Watch the Brennan Center’s Michael Waldman discuss the law on MSNBC’s Hardball with Chris Matthews.

Voting Victory in Connecticut

The Connecticut Senate approved a bill to allow voters to register and cast a ballot on Election Day, a big victory for voting rights advocates. Gov. Dan Malloy said he will sign the measure, which has helped many states improve voter turnout. The bill, passed by the House last week, will also allow online registration starting in 2014 and give current voters a better opportunity to correct errors in their registration status. The Brennan Center pushed this bill for months, writing an op-ed for The Connecticut Mirror. “These new reforms are a big step forward for Connecticut's voting system,” argued Myrna Pérez and Nic Riley.

Although the wave of new suppressive voting laws is starting to meet resistance from the both the courts and the public, the best way to end the struggle is to modernize voter registration. Today’s system dates from the 19th century and is cumbersome, expensive and error-prone. Advocating for a 21st century registration system in The New York Times, Brennan Center president Michael Waldman wrote, “Voter registration modernization could unite the combatants in the ‘voting wars.’” He added: “Yes, we should repel the push to make voting harder for millions of Americans. But if lawmakers really want to protect the integrity of our elections, modernizing our registration system is the answer.” Read the Brennan Center’s modernization proposal.


State Updates

Arizona – The state is appealing to the U.S. Supreme Court the Ninth Circuit’s recent ruling striking down Arizona’s proof of citizenship requirement for voter registration.

Colorado – The state Senate gave initial approval “to a bill that would require mail ballots be sent to about 135,000 inactive voters for the 2012 election.”

Connecticut – The state Senate gave final approval to an election-day registration bill. Read more here. The Connecticut Post applauded the measure, saying the state is on “the right path on voter rights.” Read the Brennan Center's op-ed supporting the measure.

Florida – The Secretary of State’s office says it is prepared to use two sets of election laws for the Aug. 14th primary. Recent changes will be in effect in all but five counties, which must get approval from the federal government before implementing the new law.

Meanwhile, Gov. Rick Scott “appeared genuinely surprised” about the implications of restrictive voting laws he signed in a meeting with The Florida Times-Union editorial board. For instance, the new law eliminates voting the Sunday before an election. The bill passed along partisan lines, with Democrats objecting that the measure would make it harder for African Americans and Hispanics to cast ballots. “I didn’t know that was an issue,” Scott said. “No one brought that issue up to me.”

The Orlando Sentinel wrote how new voter registration laws are making it harder to enlist new voters. Elections officials are also part of the fallout. “One of the biggest challenges was that most of the law went into effect upon enactment, unlike previous years when there was a delay between enactment and the effective date,” the president of the Florida State Association of Supervisors of Elections told electionline Weekly.

Indiana – Two men, including a town mayor, were charged with election law violations dealing with absentee ballots. Both say they are innocent.

Kansas – The state House passed a bill "that would institute new proof of citizenship requirements for voter registration within the next six weeks rather than next year, matching the desires of Secretary of State Kris Kobach."

Michigan – The student paper at Michigan State University reported that new voter registration restrictions “could make it significantly harder for campus organizations to register voters.”

Minnesota – In November, Minnesota voters will have a referendum on an amendment to the state Constitution to tighten voting laws. Mike Dean, executive director of Common Cause Minnesota, explained his view of “what is actually lurking” in the amendment. Among other things, he argues the measure will effectively end Election Day registration because those voters will cast provisional ballots, many of which are never counted. Read about the arduous experience of getting an appropriate photo ID for a 92-year-old voter.

Mississippi – The House passed a bill to implement the state’s voter ID law, which passed by referendum last year. It awaits the signature of Gov. Phil Bryant.

Missouri – A House committee approved a bill requiring proof of citizenship to register to vote. Opponents say it “has the potential to disenfranchise naturalized citizens,” who may not have the required documents.

New Hampshire – Charles Balban, president of the New Hampshire Alliance for Retired Americans wrote an op-ed opposing a proposed voter ID law, saying it “doesn't include information about the real cost of such a radical change to our centuries-old voting traditions.” A House committee is considering the bill.

North Carolina – Pat McCrory, a candidate for the GOP gubernatorial nomination, is asking voters to bring photo IDs with them to the polls during the May 8th primary. The effort is designed to show support for a voter ID bill vetoed by Gov. Bev Perdue last year. Legislators who support the bill are trying to override the veto.

Ohio – Republicans and Democrats are close to a deal that would repeal a controversial election law and restore early voting for the three days before the election. The Cleveland Plain Dealer urged lawmakers to repeal the law to “avoid a divisive referendum question this fall” and help voters avoid confusion at the polls. U.S. Sen. Dick Durbin (Illinois) held a congressional field hearing on the law.

Pennsylvania – As detailed above, the ACLU is challenging the state’s new voter ID law, representing 10 citizens who lack the documentation required to obtain a photo ID. Read more about the plaintiffs here and here, and see videos of their stories here. The Brennan Center’s Keesha Gaskins spoke to The Philadelphia Inquirer about the voter ID law, which reported that there have been no convictions for voter impersonation or voter fraud for the past five years. The Inquirer also wrote editorials praising voters who protested the law during the recent primary, and detailing how the law will penalize seniors. Read more here, here, and here.

South Carolina – Activists held a rally to protest the state’s voter ID law, now under review by a federal court. Read more on the lawsuit here and here.

Texas – The federal district court considering Texas’ voter ID law said “the law will probably not be in place by the November general election unless the state turns over requested documents by Wednesday.” Read more here. The Justice Department has asked for a delay in the trial over the law, saying the state attorney general is stalling requests for information. Read more here and here.

Virginia – Gov. Bob McDonnell is still deciding if he will sign a voter ID bill into law. The Washington Post and the Virginian-Pilot  have called on the governor to veto the measure. McDonnell has three options: he can sign the bill, veto it, or let the measure become law without his signature.

Wisconsin – It’s official— there will be no voter ID for the June 5 recall election of Gov. Scott Walker. An appeals court judge said there was “no realistic possibility” the case could be decided in time.

And don't forget our up-to-date summary of all pending and passed voting laws.


New Data and Research

Ohio Photo Voter ID: A Picture Worth $7 Million a Year?

Policy Matters Ohio has published a report estimating that a proposed voter ID requirement would cost the state $5 to $7 million annually. “Ohioans value the right to vote and they value their neighbors’ participation. If there is a problem with voting in Ohio, it is that existing barriers keep too many from exercising this basic right. Creating new, unnecessary costs and suppressing votes has no place in the Buckeye State,” the report said. Read the full report.


Media Round-Up

  • In an op-ed for The New York Times, Brennan Center President Michael Waldman detailed how suppressive voting laws have met resistance at the polls and in the courts, and called for bipartisan reforms to our ramshackle registration system.
  • Washington Post columnist Katrina vanden Heuvel made a similar push for universal voter registration. “Universal registration would truly be, as Brennan Center president Michael Waldman has said, ‘potentially the most significant improvement since the Voting Rights Act of 1965,’” she wrote.
  • Another Post columnist, Eugene Robinson, wrote about voter ID laws. He detailed an investigation of charges that “dead people” had voted in South Carolina. The result? “[T]he commission found no evidence of fraud. Or zombies.”  He also cited the Center’s research on voting law changes.
  • La Opinión, the largest Spanish-language newspaper in the U.S., editorialized: “Voter ID Laws Suppress Minority Votes.” Read the Spanish version here.
  • At CNN.com, Roland Martin said that voter suppression is real and must be stopped.
  • The Brennan Center’s Myrna Pérez and Lee Rowland explained the importance of the Democracy Restoration Act, a bill that would restore voting rights to millions of people with past criminal convictions. Read more on the effort at TPM.
  • The Obama campaign is preparing to help voters navigate new restrictions — such as voter ID and registration rules — in key swing states such as Florida, Ohio, Pennsylvania, and Wisconsin.
  • Now that voter ID laws have passed in many states, Demos’ Tova Wang encouraged advocates to help educate voters on how to get ID.
  • The Washington Post reported voter registration is down among Hispanics and blacks, but others have questioned the analysis.