Voter ID

Opinion: Preventing Election Fraud, At What Cost?

Election Law Society · October 16, 2019 ·

Until recently, North Dakota was viewed as the easiest state for citizens to exercise their voting rights. This was due to the fact that North Dakota, unlike every other state, does not require voter registration. Such a sharp deviation in policy from every other state in the nation is justified by the uniqueness of North Dakota. The state is comprised of mostly rural communities and native reservations, most of which are close-knit communities where people know one another. While voter registration may be essential in more populous states, it makes little sense for North Dakota where, in many precincts, election officials are likely to personally know each individual who casts a ballot. [Read more…] about Opinion: Preventing Election Fraud, At What Cost?

Voter ID and Automatic Voter Registration Compromise in West Virginia

Election Law Society · March 13, 2019 ·

By: Jakob Stalnaker

Voter ID legislation has become an intensely ideological issue. Traditionally, Republicans support such legislation, while Democrats tend to oppose it. Further, some Democratic states have innovated automatic voter registration, which automatically registers voters unless they choose to opt out of the voter rolls. In 2016, West Virginia passed compromise legislation which could prove to be a model for other states in the future. Conservative and liberal legislators passed an election law bill, HB 4013, which joined together automatic voter registration with a voter ID requirement. Further, the voter ID portion of the bill had a number of provisions which made it more palatable to traditional opponents, garnering the bill bipartisan support.

The Story of Texas SB 14: A Legal Lazarus

Election Law Society · December 3, 2018 ·

By: Shawn Syed

“Lazarus” is a name associated with a simple story. A subject dies. The Subject is then restored and is suddenly alive. Lazarus has been explored in songs, movies, and other forms of narrative. The 82^nd Texas Legislature’s Senate Bill 14 (SB 14) is the legal world’s example of Lazarus.

Our Lazarus, SB 14, allowed the following to be accepted as voter identification: Texas Driver License, Texas Election Identification Certificate, Texas Personal Identification Card, Texas Concealed Handgun License, United States Military Identification Card, United States Citizenship Certificate, or United States Passport. The most notable form of identification that was not included was a student ID. The first four could only be issued by the Texas Department of Public Safety. The Texas Department of Public Safety has been in the news for other reasons recently. The Texas Department of Public Safety proposed closing 87 driver’s license offices as a solution to cut down wait times. In effect, this would hinder the ability of people trying to get certain forms of acceptable identification under SB 14.

Are Rhode Island’s Mail-In Ballots a “Gigantic, Illegal Loophole?”

Election Law Society · April 11, 2018 ·

By: Eric Lynch

Ken Block, a two-time former gubernatorial candidate, made headlines in early October 2017 over a provocative tweet regarding voter identification (“voter-ID”) and mail-in ballots. Mr. Block claimed that mail-in ballots violated Rhode Island’s voter-ID law and are effectively a “gigantic, illegal loophole” to performing widespread voter fraud. Block implored the Rhode Island legislature to attend to this matter immediately. In response, Mr. Stephen Erickson, a Rhode Island State Board of Elections member, considered such a measure as “another effort to limit people’s ability to vote.” Mr. Erickson asserted that the Board “regularly rejects mail[-in] ballots where there is a substantial difference between the two signatures or if the witnesses does not provide enough information so that they can be identified and questioned.”

PA Voter ID Bill Dies In Body, if Not in Spirit

Election Law Society · February 9, 2018 ·

By: Scott McMurtry

After taking unified control of the state government in the 2010 election, Pennsylvania Republicans set out to change the state election laws in two fundamental ways: a redistricting overhaul and an enhanced voter identification law. While the state and Congressional-level redistricting have survived legal challenges to date, plaintiffs were successful in persuading Pennsylvania courts to first stay, and ultimately strike down, the voter ID measure. While confusion over the implementation of the policy persisted even during the 2016 elections, it appears that Pennsylvania’s foray into stringent ID enforcement is over for the foreseeable future.