Changing a Law to Win an Election?

The Main Line Times’ “Notes from Narberth” columnist wrote a piece on August 7 (“Narberth zoning meeting; more on voter-ID need“) using Al Schmidt’s recent report on voting irregularities in Philadelphia as proof of need for a Voter ID law. You may read that here.

My response (“Changing a law to win an election?“) was published on the Main Line Times’ website on August 11. You may read that on the Main Line Times’ site here, or below.

 

One of the most interesting things about Philadelphia City Commissioner Al Schmidt’s report on “voting irregularities” is not what it says, but how it is being used. Proponents of Pennsylvania’s new Voter ID have praised the report as damning evidence of pervasive voter fraud – which is ironic, considering that a reading of the report gives no such impression.

First of all, Schmidt’s report is not a scientific study, and says nothing about how extensively voter fraud occurs – it only identifies seven types of voting irregularities. And of those seven kinds, the Voter ID law would stop only one. Whether the other six constitute legitimate problems or not is largely irrelevant to the Voter ID debate.

The problem Voter ID actually addresses can be boiled down to one question: is the person at the polling place who he says he is? Under current law, voters must prove who they are the first time they vote at a new polling place, and may use a variety of means to do so. Voters can face harsh punishments for not complying with election law ($10,000 in fines and 5 years in prison for voter impersonation) while they get little in return (one extra vote in an election decided by hundreds of thousands).

Faced with this information, you might conclude that voter impersonation rarely happens. All available evidence suggests you would be right. Numerous studies and investigations – including by the Bush Justice Department – have all reached this conclusion. The attorneys defending the Voter ID law in court recently agreed as well. So it is not surprising that Voter ID supporters have relied upon a single case: “the mysterious case of Joseph Cheeseboro” that the August 5 “Notes from Narberth” column referenced.

In any given election, Mr. Cheeseboro is little more than a rounding error. The same cannot be said of the more than 758,000 Pennsylvanians who may be disenfranchised by this law – a group disproportionately made up of elderly, minority, student and handicapped voters. That figure is larger than President Obama’s 2008 margin of victory, and to date new Voter IDs have been issued to less than 0.5 percent of that number.

Of course, even one illegal vote is one too many, but any voting system will leave room for error. The fundamental question at the Voter ID debate’s core is how to resolve the natural tension that arises from wanting to both keep elections accessible, while preventing any potential fraud.

Opponents of Voter ID do not, as the “Notes from Narberth” column contends, “think black people are too dumb to figure out how to get a photo ID.” Rather, we are concerned because the process of obtaining the underlying documentation and standing in line for several hours at a PennDOT center makes voting less accessible to legitimate voters, especially elderly and handicapped ones. It also opens the door to further chicanery, by providing another venue for vote challenging at the polls.

But perhaps most concerning of all is the nagging suspicion that the law was aimed to, as House Majority Leader Mike Turzai boasted, “allow Governor Romney to win the state of Pennsylvania.” When you have to resort to changing the law in order to win an election, there is something wrong.

 

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