Obama DOJ Questions South Carolina's New Voter Photo ID Law

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

The ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) on August 5, 2011 asking that the DOJ to deny South Carolina’s request for pre-clearance of its new polling place photo ID law under Section 5 of the Voting Rights Act. The ACLU letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

South Carolina's history of voting rights violations require federal oversight of election law changes, including requiring voters to show photo ID.

Sen. Durbin To Chair Hearings On Voter ID Laws

Sen. Dick Durbin (D-IL) will chair a hearing next week examining the rash of voter ID laws passed by state legislatures this year amidst concerns that such laws could suppress Democratic turnout across the country.

Durbin, who chairs the Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Human Rights, announced Friday that the Sept. 8 hearing will feature testimony from Judith Brown Dianis, the co-director of the Advancement Project; Loyola Law School Professor Justin Levittl; and former Bush-era Justice Department official Hans van Spakovsky, who's now with the Heritage Foundation. It's titled "New State Voting Laws - Barriers to the Ballot?"

"These new laws significantly reduce the number of early voting days, require voters to show restrictive forms of photo identification before voting, and make it harder for volunteer organizations to register new voters," Durbin's office said in an announcement. "Supporters of these laws argue that they will reduce the risk of voter fraud. The overwhelming evidence, however, indicates that voter impersonation fraud is virtually non-existent and that these new laws will make it harder for hundreds of thousands of elderly, disabled, minority, young, rural, and low income Americans to exercise their right to vote."

The GOP War on Voting

In a campaign supported by the Koch brothers, Republicans are working to prevent millions of Democrats from voting next year. As the nation gears up for the 2012 presidential election, Republican officials have launched an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that elected Barack Obama in 2008.

Republicans have long tried to drive Democratic voters away from the polls. "I don't want everybody to vote," the influential conservative activist Paul Weyrich told a gathering of evangelical leaders in 1980. "As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down." But since the 2010 election, thanks to a conservative advocacy group founded by Weyrich, the GOP's effort to disrupt voting rights has been more widespread and effective than ever. In a systematic campaign orchestrated by the American Legislative Exchange Council – and funded in part by David and Charles Koch, the billionaire brothers who bankrolled the Tea Party – 38 states introduced legislation this year designed to impede voters at every step of the electoral process.

Brennan Center for Justice On Voter Photo ID Laws

Brennan Center for Justice

While every voter should demonstrate that she is who she says she is before voting, restrictive documentation requirements are not the answer. Burdensome photo ID or proof of citizenship requirements for voting could block millions of eligible American voters without addressing any real problem.

Although most Americans have government-issued photo ID, studies show that as many as 12% of eligible voters nationwide do not; the percentage is even higher for seniors, people of color, people with disabilities, low-income voters, and students. Many of those citizens find it hard to get such IDs, because the underlying documentation (the ID one needs to get ID) is often difficult to come by. Those difficulties will increase substantially if documentary proof of citizenship is needed to vote or to obtain the identification required to vote.

At the same time, voter ID policies are far more costly to implement than many assume. A recent Brennan Center report provides a comprehensive analysis of jurisprudence on the subject, finding that in order to survive court challenges, restrictive voter ID policies would need to be accompanied by an expansion of access to official photo ID and massive public education campaigns. Depending on the state and the details of the proposed policy, this could also involve the purchase of new equipment, expansion of the locations and working hours of government ID-issuing offices, and the provision of official government photo ID to voters without charging a fee.