Thursday, November 3, 2011

War On Terror "Real I.D." Driver's License Federal Law Meets State Voter Photo I.D.

You probably heard about 96-year-old Dorothy Cooper who couldn't get a free voter photo ID card at a Tennessee Driver Service Center in October. Tennessee has a voter photo ID law nearly identical to Texas' new ID law. Cooper never had a driver's license so she had to get a "free" voter photo ID card to vote in future elections. Even though she had a birth certificate and other ID the Driver Service Center wouldn't issue an ID card because she didn't have her marriage certificate.

Perhaps you've heard about a 93-year-old Tennessee woman, Thelma Mitchell, who cleaned the state Capitol for 30 years, including the governor’s office and who won’t be able to vote for the first time in decades because she also couldn't get a "free" voter photo ID card at a Tennessee Driver Service Center. Ms. Mitchell was even accused of being an undocumented immigrant because she couldn’t produce a birth certificate:
Mitchell, who was delivered by a midwife in Alabama in 1918, has never had a birth certificate. But when she told that to a drivers’ license clerk, he suggested she might be an illegal immigrant.
Maybe you've heard about a 84-year-old Brokaw, Wisconsin woman, Ruthelle Frank, who won’t be able to vote for the first time in decades because she also couldn't get a "free" voter photo ID card at a Wisconsin Department of Motor Vehicles. Born after a difficult birth at her home in 1927, Frank never received an official birth certificate. Without her birth certificate, she can’t secure the state ID card that the new voter photo law requires. The state Register of Deeds in Madison has a record of her birth, but the attending physician at Frank’s birth misspelled her maiden name, so the name on her state recorded birth record does not match the name given on Frank's other identity documents.

The Tennessee and Wisconsin Departments of Motor Vehicles were following requirements of the federal Real ID Act of 2005, which is mandated to take effect in all 50 states by January 2013. After January 2013 even young women across the U.S., who already have a driver's license, may face the same ID road block as 96 year old Dorothy Cooper.

After the commercial airliner attacks of September 11, 2001 the federal government implemented a "war on terror" photo driver's license "Real ID" law, with regulatory oversight given to the U.S. Department of Homeland Security.

The Federal Real ID law mandates state driver's license and personal ID card issuance regulations that require U.S. citizens to present a state certified birth certificate and other identifying documents in order to obtain or renew their license or ID card after January 2013.

The Federal Real ID law has transformed state issued driver's licenses into a de facto national photo identity card that is required to board commercially operated airline flights, conduct official business with federal agencies, apply for Social Security, and increasingly, to vote.

The Real ID driver's license law was enacted in 2005, when Republicans controlled Congress and the White House, as a response to the fact that several of the 19 foreign hijackers on 9/11 had obtained state driver’s licenses. Many states are now applying the federally mandated anti-terror photo "Real ID" law to voters by enacting voter photo ID laws.

Last May Governor Rick Perry (R) signed SB14 into law requiring voters to present a limited selection of unexpired government issued photo identification to qualify to vote in Texas elections. The most widely held photo ID on that short list of voter photo identification documents is the Texas driver's license.

The Texas Secretary of State (SOS) reports that 605,576 registered Texas voters do not appear to have a Texas driver’s license or personal ID card. The SOS report reveals that in 27 of Texas' 254 counties, at least 10 percent of the registered voters might be unable to cast ballots. In Presidio County in Southwest Texas as many as 25.9% of registered voters might not have the required photo ID, which will block as many as 1,313 out of the 5,066 registered voters in that county from casting ballots in any election.

New photo ID laws for voting will be in effect for the first time for the 2012 election in five states -- Kansas, South Carolina, Tennessee, Texas, Wisconsin. Those five states have a combined citizen voting age population of just under 29 million. The Brennan Center for Justice issued a report estimating that the newly enacted Real ID voting laws in those five states "could make it significantly harder for 3.2 million (11 percent) of those potential voters who do not already have government issued photo ID. With 18.8 million voting age citizens in Texas, as counted by the 2010 U.S. census, as many as 2.1 million (11 percent) voting age citizens in Texas do not hold a Texas driver’s license, personal ID card or other government issued photo ID document.

Even Texas voters who already hold a Texas driver's license may find it challenging to renew their driver's license when the federal "Real ID" law takes effect on January 15, 2013.

What is the federally mandated anti-terror photo "Real ID" law?