The only evidence I could find to substantiate Holder’s (and Jealous’) claim that voter ID laws hurt minorities is provided here. In a paper entitled, “VOTER ID REQUIREMENTS AND THE DISENFRANCHISEMENTS OF LATINO, BLACK AND ASIAN VOTERS” by Matt A. Barreto, Stephen A. Nuño, and Gabriel R. Sanchez, presented at the 2007 American Political Science Association Annual Conference, they state, “Derived from economics, Downs’ theory is based upon the ideal that ‘every rational man decides whether to vote just as he makes all other decisions: if the returns outweigh the costs, he votes; if not, he abstains (Downs 1957: 60).’ The registration process is one of the largest sources of cost to rational minded voters. Therefore, the more permissive registration laws are, the lower the time, energy, and informational costs of voting (Wolfinger and Rosenstone 1980). Attempts to analyze the impact of restrictive laws on voter registration have consistently concluded that turnout rates are higher when costs associated with registration are low (Campbell et al. 1960; Wolfinger and Rosenstone 1980; Katosh and Traugott 1982; Jackson 1993; Blank 1974; Kim, Perocik and Enokson 1975; Bauer 1990).” The authors continue, “This perspective suggests that voting may be less costly for those with greater levels of political resources such as money, time, English language abilities and education. Therefore, any increases in costs associated with voting should have the greatest impact on those with the fewest political resources – racial and ethnic minorities, the less educated, immigrants, and the less affluent to name a few.” [emphasis mine]
43 U.S.C. § 1973 (The Voting Rights Act of 1965 [VRA]), states,
Not a word in there about money, time, and education, factors cited as disenfranchisements of latino, black, and asian voters. In fact, 43 U.S.C. § 1973 states specifically “on account of race or color.” So while latino, black, and asian voters may, indeed, be disenfranchised, the causes are NOT covered under the VRA, except in the case of language. But this language disenfranchisement factor has NEVER been mentioned by Holder! His entire argument has focused on voter id.
Holder’s remarks are notable because they come as the Department of Justice (DOJ) is reviewing voter ID laws in Texas and South Carolina for “preclearance” under the VRA. So what Holder is doing has been deemed legal by the Supreme Court. But the Supreme Court has also found voter IDs to be legal! The states’ plans require voters to present photo ID like a driver’s license or passport to vote, a measure endorsed by the Commission on Federal Election Reform headed by President Jimmy Carter and former Secretary of State James Baker in 2005 to protect the integrity of the ballot. Holder says the Civil Rights Division, headed by Thomas Perez, will review the policies and impartially “apply the law.” If true, Mr. Perez’s job should be easy: In 2005, Justice approved a nearly identical law in Georgia. In 2008’s Crawford v. Marion County Election Board (in Indiana), the Supreme Court ruled 6-3 that an Indiana law requiring photo ID at the ballot box was constitutional. Then-Justice John Paul Stevens, wrote for the majority that Indiana’s law “is unquestionably relevant to the State’s interest in protecting the integrity and reliability of the electoral process.” Indiana offered free voter ID cards to all citizens, so the inconvenience of picking up an ID at the Department of Motor Vehicles wasn’t an undue burden and was reasonably balanced by the state’s interest in reducing fraud.
In a Reuters article, we learn that the South Carolina [voter ID] law required voters to show a state-issued photo identification card to cast a ballot in an election. DOJ blocked the law after ruling it could hinder the right to vote of tens of thousands of people. It noted that just more than a third of the state’s minorities who are registered voters did not have a driver’s license. But both Holder and Reuters are being disingenuous. A driver’s license isn’t the only acceptable form of identification. State ID cards – issued free of charge to those who can’t pay for them – are also accepted, as are passports, military ID, and a voter registration card with photo.
Holder and the DOJ raise all of this voter ID furor in the name of “free access to vote.” But in 2009, Holder and the DOJ dropped a voter intimidation case against the Black Panther Party, in which members stood outside a polling place brandishing nightsticks and threatening voters.
But that’s just my opinion.
Access to other articles like this one can be found at RWNO, my personal web site.
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