The Volokh Conspiracy

From Voter ID to Proof of Citizenship:

The State of Missouri may adopt a state constitutional amendment requiring proof of citizenship for voting. As the New York Times reports, the stated purpose of this requirement is to prevent voting by illegal immigrants and other non-citizens.

Voting experts say the Missouri amendment represents the next logical step for those who have supported stronger voter ID requirements and the next battleground in how elections are conducted. Similar measures requiring proof of citizenship are being considered in at least 19 state legislatures. Bills in Florida, Kansas, Oklahoma and South Carolina have strong support. But only in Missouri does the requirement have a chance of taking effect before the presidential election.

In Arizona, the only state that requires proof of citizenship to register to vote, more than 38,000 voter registration applications have been thrown out since the state adopted its measure in 2004. . . . More than 70 percent of those registrations came from people who stated under oath that they were born in the United States, the data showed.

Already, 25 states, including Missouri, require some form of identification at the polls. Seven of those states require or can request photo ID. More states may soon decide to require photo ID now that the Supreme Court has upheld the practice. Democrats have already criticized these requirements as implicitly intended to keep lower-income voters from the polls, and are likely to fight even more fiercely now that the requirements are expanding to include immigration status. . . .

Measures requiring proof of citizenship raise the bar higher because they offer fewer options for documentation. In most cases, aspiring voters would have to produce an original birth certificate, naturalization papers or a passport. Arizona and Missouri, along with some other states, now show whether a driver is a citizen on the face of a driver’s license, and within a few years all states will be required by the federal government to restrict licenses to legal residents.

Critics say that when this level of documentation is applied to voting, it becomes more difficult for the poor, disabled, elderly and minorities to participate in the political process. . . .

Supporters of the measures cite growing concerns that illegal immigrants will try to vote. They say proof of citizenship measures are an important way to improve the accuracy of registration rolls and the overall voter confidence in the process. . . .

From October 2002 to September 2005, the Justice Department indicted 40 voters for registration fraud or illegal voting, 21 of whom were noncitizens, according to department records.

Welcome to the next round of debate and litigation over voter identification.

rarango (mail):
If the thread on Indiana voter ID was any indication, this thread could be a record setter.

Gee--only citizens voting. That sounds awfully radical to me. (close sarcasm)
5.12.2008 9:14am
PLR:
I know people will be stunned to hear this, but both houses of the Missouri legislature are controlled by Republicans. (The Governor is also Republican, but that's going to change after the November election.)
5.12.2008 9:24am
PatHMV (mail) (www):
I'm for photo-ID requirements, because it's really not difficult to get a photo ID. But proof of citizenship is a different story for me. I'm strongly opposed to the existing federal requirement to prove citizenship just to get a job (the I-9 form). Getting a birth certificate is no easy matter in most states. Unlike a photo ID, which can be obtained in just a few hours from DMV offices usually located throughout the state, birth certificates are often centrally filed. Because of movement patterns, an individual's birth certificate is often filed with some obscure agency in a state thousands of miles away from the individual's current state of residence.

The I-9 form allows proof of citizenship by a combination of photo ID and Social Security card. If you already have your social security card, that wouldn't be that burdensome, I suppose. But if you're retired, or haven't applied for a job in 10 or 20 years, you may not have one, and you'd have to wait weeks or months to obtain a duplicate from the SSA.

In sum, there are significant differences in how burdensome it is to obtain a photo ID versus proof of citizenship. I would oppose such a requirement for voting.
5.12.2008 9:28am
Crimso:
Oddly enough, about 15 years ago I had to provide Vanderbilt University with proof of my citizenship in order to work there (or perhaps more properly, proof that I was in the country legally, which in my case entailed producing a birth certificate). So I had to prove I was a citizen to work, but not to vote.
5.12.2008 9:35am
BruceM (mail) (www):
The harder it is to vote, the better (as long as the requirements are equally applied to all people). Making voting easier for more people, which simply increases the number of uninformed voters, does no service to democracy even though it sure sounds like it does at first glance.

More noise in the system is bad. Less voters, and a higher signal to noise ratio, is good. Our world is simply too complex, and spin/advertising too coercive, to be encouraging as many people to vote as possible.

What's scary is that, at the end of the day, some people strongly believe they will be the one to benefit from the "uninformed" vote. From the looks of it, it appears to be the Democrats. I don't know why that is, as anyone who would vote for Bush suffers from a lack of information, at the very least.
5.12.2008 9:37am
Crimso:
And I know there is no right to work, but there is in a sense no right to vote, either. At least not for everyone (and by that I mean everyone in the world).
5.12.2008 9:38am
rarango (mail):
Seems to me the fundamental question is this: should the franchise be available only to citizens of the country, state, or locality? Once that question is answered, then the options can be discussed with more effect.
5.12.2008 9:42am
On Voting:
Requiring someone to get an ID to vote is a fixable inconvenience, but for many elder folks, requiring a birth certificate can represent more than an inconvience. In some states, fewer than a quarter of people born to midwives (as opposed to born in hospitals) received birth certificates early in the twentieth century. A law now requiring them to have birth certificates to vote irrevocablly takes away those citizens' right to vote. Of course, since poor and black citizens were less likely to be born in hopsitals, this especially impacts the elderly in those communities. But, I'm sure that's a coincidence. (close sarcasm).
5.12.2008 9:44am
Public_Defender (mail):
21 non-citizens voting over a three-year period. That's a crisis?

Proponents of so-called anti-voter-fraud measures are just plain lying when they say they are trying to protect the integrity of the system. They really just want to exclude legitimate voters who tend to vote the other way.

At least BruceM is honest about his goal.
5.12.2008 9:46am
darelf:
This is a stupid thing to have to say, but apparently....

Refusing to require some sort of proof of citizenship in order to vote, devalues citizenship. It is saying to everyone that it doesn't matter whether you just killed 10 people while illegally crossing the border, we will take your vote in our democracy just as seriously as we do its citizens. We don't care. If we don't care, why should you care?
5.12.2008 9:46am
rarango (mail):
No constitutional scholar here, but would not the right to vote be one of the unenumerated rights? How is the constitution enacted without a right to vote?
5.12.2008 9:47am
Anderson (mail):
Making voting easier for more people, which simply increases the number of uninformed voters

Spoken like someone who assumes that he himself falls into the ranks of the informed.

-- I daresay that the birth-cert requirement won't succeed, because it threatens to incommode too many middle-class white people who have driver's licenses but can't readily lay hands on their birth certificates.
5.12.2008 9:47am
Adam J:
BruceM- that's a pretty elitist view you have there, and I wonder just how much correlation there is anyways between ones ability to jump over voting hurdles &how informed one is as a voter.
5.12.2008 9:51am
rarango (mail):
This sentence in the NYT piece Critics say that when this level of documentation is applied to voting, it becomes more difficult for the poor, disabled, elderly and minorities to participate in the political process. . . reminded me of the Fake NYT headline: World ends, poor and minorities hardest hit.
5.12.2008 9:55am
PatHMV (mail) (www):
Public Defender... please dispense with the offensive "you're lying" charge aimed at people whose policy choices you disagree with. I'm a Republican, and I support photo ID requirements. As I noted above, I also oppose the proof of citizenship requirements. My position on neither one has anything to do with which party I think it helps or hurts. If you can't successfully criticize the policy itself, then don't resort to personal slurs, ok? And if you can successfully criticize the policy itself, why stoop to that level?
5.12.2008 9:58am
Guest101:
I tend to agree with PatHMV, though I would add that the idea of requiring proof of citizenship doesn't seem like a bad or inappropriate one per se, but only in light of the foreseeable problems that many citizens might have in meeting the burden of proof. Perhaps if a presumption of citizenship were bestowed on individuals who are, say, over 60 and could prove via school and/or work records that they have resided in the country for, say, 30 years, and attest under oath that they are U.S. citizens?
5.12.2008 10:04am
Thoughtful (mail):
Making things tough on blacks and the elderly...horrible.

Gee, someone should ask Senator Obama how tough it is for him to show proof of citizenship? And Senator McCain...

Tougher to vote, easier to run...
5.12.2008 10:10am
AnneS:
A solution in desperate search of a problem.

I agree with PatHMV - Unlike photo ID requirements, which avoid constitutional problems by providing state ID free, no state requirement to prove citizenship to vote can do so. It will impose a far more than de minimis burden on a large number of people - such as everyone born outside of the state imposing the requirement, since they will have to pay their home state to furnish a birth certificate.

Still looking for widespread evidence of voter fraud, by the way.
5.12.2008 10:11am
K. Dackson (mail):
Correct me if I am wrong, but I thought that only citizens were allowed the right to vote.

If that is indeed the case, why do we not require people to prove they are citizens in order to vote?

Any argument to the contrary just strikes me as intellectual laziness.

But what am I thinking? I am not a lawyer.

Oh, and BTW, the I-9 form is not to require proof of citizenship to be able to work in the US - it simply confirms that you have a legal right to work in the country.
5.12.2008 10:16am
ithaqua (mail):
"The harder it is to vote, the better (as long as the requirements are equally applied to all people). Making voting easier for more people, which simply increases the number of uninformed voters, does no service to democracy even though it sure sounds like it does at first glance. "

Yes. Exactly. I would support requiring all voters in a given year to show a valid personal property tax receipt for the prior year. If you don't own any property and so didn't pay taxes? You're probably lazy, stupid and uninformed as well as poor; stop pretending you understand politics and get a job. :P
5.12.2008 10:18am
ithaqua (mail):
"I agree with PatHMV - Unlike photo ID requirements, which avoid constitutional problems by providing state ID free, no state requirement to prove citizenship to vote can do so. It will impose a far more than de minimis burden on a large number of people - such as everyone born outside of the state imposing the requirement, since they will have to pay their home state to furnish a birth certificate."

The right to work is as fundamental, if not more so, than the right to vote, and yet, despite the terribly heavy burden of proof of citizenship, people still manage to find jobs.
5.12.2008 10:21am
cjwynes (mail):
The issue of Missouri Lawyers Weekly sitting on my desk right now reports that it is extremely unlikely anything would make it onto the ballot so quickly. Personally, I've never seen illegal aliens lining up to try and vote, but I suppose we should make sure they can't just in case they get a mind to try someday. I'd support the law, but I don't feel it's something that needs to be rushed into effect to halt any immediate problem.

Also, the only reason we have to do it by amendment to the state constitution is that the state supreme court held a voter ID law unconstitutional a few years back. And yet Missouri's entrenched legal culture has the gall to wonder why we're trying to change the judicial appointment process...
5.12.2008 10:29am
PatHMV (mail) (www):
K. Dackson.... the short answer to your question is because this is America, not the Soviet Union. Our officials shouldn't generally demand "your papers, please," unless there's a good reason. I think the risk of voter fraud is sufficient good reason to justify the minimal cost of obtaining a picture ID. If the government then wishes to prove that some particular individual has broken the law by registering to vote as a non-citizen, then the goverment has that burden. Don't put the burden on the millions of innocent individuals to prove their citizenship.

And I'm well aware of what the I-9 form is for. Since I am a citizen, I discussed what it requires ME to do. What it requires of green-card holders is not relevant to me.
5.12.2008 10:30am
Gil Gilliam:
To me, voting is THE fundamental right of a citizen, as it influences every other right we exercise. That privilege should be carefully validated.

I'm for positive proof of the right to participate in the voting process. It seems to me a little overwrought to continue to imply that proving the person's right to vote is equivalent to the poll taxes and reading tests of decades ago. There is certainly no shortage of people or organizations that would be willing to pursue litigation against a state that was engaging in such activity (unlike decades ago)

I think the easiest way to enact this would be to require proof of citizenship at the time of issuance of the state ID (drivers license or other) with appropriate annotation then made. That way, a person would only need to go through the inconvenience of proof once, and the right to vote status could be confirmed at the polls simply by viewing the ID.
5.12.2008 10:33am
Old33 (mail):
The fundamental problem is that birth records have heretofore not been kept with the intent of proving citizenship in mind. They've been kept haphazardly, as a record of one's birth and for health statistical reasons. But not as a mechanism needed to access a fundamental right of citizens.

My own birth certificate, for example, isn't held by the county or the state. It's held by the hospital where I was born. And I get copies from the hospital. And even those copies aren't anything glorious...they're Xerox copies that may or may not include a raised seal, depending on who made the copy.
5.12.2008 10:34am
K. Dackson (mail):
ithaqua - the right to work is NOT fundamental. I lived in China for a year, and I had to get all the proper paperwork in order before I could work. If you don't like that example, how about my sister who is working in the UK? She had to have all of the paperwork in place before she could legally start there.

Every nation has an obligation to its citizens to ensure that people who work in the country have a legal right to do so. If not, then why have borders at all? If you are not willing to enforce the laws for something as simple as work visa requirements - why bother to enforce the rules about who meets the legal requirements to vote? Why not just say that ANYONE can be elected president - why limit it to natural-born citizens?

And, as I stated before, there is no citizenship requirement to be able to get a job in the US. There is however, a requirement that you can prove you are here legally to be employed. Just because the federal govenrment does not have the manpower or cajones to enforce the laws does not make them any less valid.
5.12.2008 10:35am
Adam J:
K. Dackson- Nobody is against insuring that citizens vote, however any burden that seeks to insure this may also end up preventing citizens from voting. As PatHMV notes above, the State tends to make it quite difficult to get proof of citizenship, and this difficulty may prevent you, me, or another citizen from being able to vote.
5.12.2008 10:38am
On Voting:
"Making things tough on blacks and the elderly...horrible."

Thoughtful-- Again, for many elderly voters, you aren't just making it "tough" on them. You are irrevocably taking away their right to vote.
5.12.2008 10:39am
AnneS:
Ithaqua - A) The courts have disagreed with you. Repeatedly. B) The I-9 doesn't require you to demonstrate citizenship and offers several alternative means of demonstrating ability to work - including a voter registration card and Social Security Card, both of which are issued free by the respective government authorities.

And none of this changes the fact that this is a "solution" in search of a problem that doesn't exist, but that is convenient for demagogues to claim exists.
5.12.2008 10:39am
K. Dackson (mail):
PatHMV:

You need to think before you start throwing spurious analogies around. The federal government requires airlines to examine your papers before you go to the DHS checkpoint at security in every airport in the US. Then the TSA demands you to show your papers. I do that at least twice per month. And the right to travel freely within the US is a fundamental right. You have the burden to prove who you are every time you want to travel by air.

So I do not think that asking once every 2 years (for congressional elections is all that onerous.
5.12.2008 10:41am
Dan Weber (www):
No constitutional scholar here, but would not the right to vote be one of the unenumerated rights? How is the constitution enacted without a right to vote?


In the 1790's, very few people could vote, even among white men. The fetish for "democracy" is a very recent invention.

The 18th century government wasn't held in check by voting; it was held in check by the First and (especially) Second Amendments. The government didn't throw its weight around and then say "shut up, this is democracy, people voted to give us this power, remember?" They knew that people had the ability to rise up and overthrow them if they overstepped their bounds.

These days I have trouble thinking of any things government wouldn't try to do, especially once they claim that they are doing it in the name of "democracy" (which is pretty much a tautology, because the government sees itself as the embodiment of democracy).
5.12.2008 10:47am
K. Dackson (mail):
Adam J:

But what they are arguing is that they do not want to prevent non-citizens from voting. Every activity in life has requirements. If you are unwilling to meet those requirements, then you signal your indifference to participate in that activity.

Simple enough.
5.12.2008 10:47am
Flash Gordon (mail):
I cannot understand anyone's opposition to this for any reason other than you want non-citizens to be able to vote illegally. Anyone born in any state in the USA can get a copy of their birth certificate with a simple phone call to the bureau of vital statistics of the state in which they were born. A naturalized citizen either has their citizenship papers or can easily get copies from the government. A citizen born outside the US to parents who are citizens might have to go to some extra effort, but still not much. Everyone has to show a birth certificate to get a passport, what's the big deal about showing it to register to vote?

All of you who raise hackles over this cannot possibly have any justification for your argument other than you want illegal voting because you believe those will be votes for your side.
5.12.2008 10:51am
rarango (mail):
AnneS--the NYT makes the following statement in the cited article: In Arizona, the only state that requires proof of citizenship to register to vote, more than 38,000 voter registration applications have been thrown out since the state adopted its measure in 2004.. Is that not evidence that non-citizens are registering to vote?
5.12.2008 10:52am
PLR:
I cannot understand anyone's opposition to this for any reason other than you want non-citizens to be able to vote illegally.

I've voted in Missouri every year since 1978, and twice so far in 2008.

However, my passport expired last October and I haven't gotten around to renewing it. My birth certificate (a flimsy piece of paper easily forged) is here in my office somewhere, I believe.

Unlike cjwynes, I want Missouri citizens to be able to vote. I am entirely comfortable that most non-citizens will be deterred by the prospect of federal jail time, as they have always been.
5.12.2008 11:05am
ChrisIowa (mail):

Thoughtful-- Again, for many elderly voters, you aren't just making it "tough" on them. You are irrevocably taking away their right to vote.


There was some confusion about the date and year my grandfather was born. When it came time for social security his sister wrote a statement attesting to his birth date. A similar mechanism would be appropriate for voting.

Old census records also indicate place of birth, which for most of us establishes our citizenship. If someone had problems getting a birth certificate, it would not be difficult to look at old census records to confirm citizenship at the time their voter ID is issued.

Most people should have at least one copy of their birth certificate anyway. There are many times it's needed.
5.12.2008 11:05am
K. Dackson (mail):
PLR:

I do not live in Missouri, and I want Missouri citizens to be able to vote.

I also do not want Missouri residents who are not citizens to be able to vote.

Why is that so difficult to understand?

Or are you with that ACORN outfit who was shown to be behind massive voter fraud in 2004?
5.12.2008 11:09am
Dan Weber (www):
However, my passport expired last October and I haven't gotten around to renewing it.

If the voting board had any sense, an expired passport would be an entirely valid proof of citizenship.

I realize that assumption may be fallacious.
5.12.2008 11:19am
PatHMV (mail) (www):
Flash Gordon... you're just wrong. Birth certificates are NOT that easy to obtain in every state, even those with centralized registries do not necessarily contain records of EVERY birth, and it may take weeks or months before it is obtained. Plus, there is a cost, which the state providing the copy may be unwilling to waive just so somebody born in that state can vote in some other state 1,000 miles away.

ChrisIowa... Old census records are not made available until something like 70 years later. Currently, the most recent census records available are from 1930.

K. Dackson... Yes, I don't terribly care for having to produce my ID to the government at the airport, either. But I put up with it because of the particular dangers of air travel these days.

A state-issued photo ID is a reasonable requirement, because it allows law enforcement to prove that someone voted in a particular election, if that's necessary to establish that the person voting was committing a crime in doing so. That's all that's necessary.

The proof of citizenship requirement puts a burden on ME because of the illegal actions of SOMEONE ELSE. Should we ban all guns because some people break the law with them? Of course not.

My position has nothing to do with wanting non-citizens to vote. Find 'em and throw 'em in jail or deport them, that's fine with me. Give ICE access to the voter registration records so they can look for illegal immigrants. Station ICE agents at polling places in areas with high numbers of illegal immigrants. All that's fine with me. If you continue to assume that people opposed to your "papers please" approach are in favor of non-citizens voting, you're going to continue to sound like an idiot.
5.12.2008 11:29am
Thoughtful (mail):
On Voting,

If you read my brief comment above once more, you'll perhaps appreciate I was attempting to point out the irony of things getting tougher for blacks and the elderly trying to vote at the same time we are seeing the first black Presidential candidate (I'm guessing) as well as the oldest Presidential candidate competing for the office.

But, to take up the substance of your concern, please list for me the names of any elderly person you know turned away from the voting booth. I think this is largely, as someone said above, a solution in search of a problem. The "elderly" are one of this country's strongest voting blocks. I'm in my early 50s and have already begun to get the bulk-mailed solicitations from the AARP.
5.12.2008 11:34am
AnonLawStudent:
There seems to be a perception that the concept of universal suffrage automatically trumps limitations necessary for good governance. That certainly wasn't the case at the time of the Framing, a situation which remained unchanged by passage of the 14th Amendment. Indeed, the universal "right to vote" was created only via judicial strongarming in the 1960s and 70s, e.g., Kramer v. Union Sch. Dist., 395 U.S. 621 (1969); cf. id. at 634-35, 639-40 (Stewart, J., dissenting) (citing caselaw). What Missouri is seeking is well-within the bounds of previous qualifications for voting; what this discussion really illustrates is the degree to which the left has succeeded in altering the terms of the debate.
5.12.2008 11:44am
Waldensian (mail):

More noise in the system is bad. Less voters, and a higher signal to noise ratio, is good. Our world is simply too complex, and spin/advertising too coercive, to be encouraging as many people to vote as possible.

And yet somehow free markets seem to work remarkably well, even with all those poor and/or stupid people spending their money -- voting with their dollars -- so foolishly.
5.12.2008 11:44am
Waldensian (mail):

More noise in the system is bad. Less voters, and a higher signal to noise ratio, is good. Our world is simply too complex, and spin/advertising too coercive, to be encouraging as many people to vote as possible.

And yet somehow free markets seem to work remarkably well, even with all those poor and/or stupid people spending their money -- voting with their dollars -- so foolishly.
5.12.2008 11:44am
jazzed (mail):
This seems to be a pretty enlightened idea to me. For most people, copies of birth records can be obtained from the bureau of vital statistics in the states in which they were born for something like $12 (a nominal fee). Some states have indigency waivers, and for those that don't, the fee should be a priority for mendicants - birth records are needed intermittently throughout life, and everyone should have a copy of their own records for those occasions. As to timing and the fairness of requiring the proof of citizenship for voting, if someone wants to vote, it's not a big mystery when elections come around. It's easy enough to plan to acquire the necessary documentation in a timely manner.
5.12.2008 11:45am
Tony Tutins (mail):
Considering that only citizens may vote, I have no problem with requiring proof of citizenship of any prospective voter -- this is a no-brainer. Further, the incremental burden of establishing proof of citizenship should be nil, Because Social Security requires almost all citizens and legal residents to apply for a card, and to do so they need to establish proof of identity, age, and citizenship. However, I see no reason to require this more than once at the start of one's voting career. In fact, why not combine the two procedures, resulting in the issuance of a Social Security card and a voter registration card -- with an effective date clearly marked, for example: Eligible to vote on 18th Birthday 17 July 2012? The potential voter would have to file change of address forms each time s/he moves, obviously.

Anyone born in any state in the USA can get a copy of their birth certificate with a simple phone call to the bureau of vital statistics of the state in which they were born.

This assumes that their birth was recorded, which is not universally true. In lieu of a birth certificate, the Social Security Administration used to accept Baptismal or other religious certificates, Family Bible entries, Other family record book entries, Federal Census records from the decade following their birth, Poll-tax records, Draft registrations, Form SS-5 "Application for a Social Security Account Number, and Affidavits executed by siblings.
5.12.2008 11:46am
Dan Weber (www):
I do not live in Missouri, and I want Missouri citizens to be able to vote.

I also do not want Missouri residents who are not citizens to be able to vote.

As someone who isn't a resident of Missouri, I don't think it's much of my business how Missouri decides its own voting laws.

If they want an extremely strict voter ID requirement, they should do that.

If they want any warm body that shows up at the poll to be able to vote, they should do that. Yes, even if they want illegal immigrants to be able to vote, that is Missouri's decision.
5.12.2008 11:53am
billb:
It is not a requirement to provide government-issued photo ID to fly in the US. If you forget your ID, you can retrieve your boarding pass with a credit card and then volunteer for the full security screening at the airport (akin to what happens when you set off the metal detector accidentally). The 9th Circuit took pains to point this out to John Gilmore in his suit against the TSA.
5.12.2008 11:55am
Adam J:
K. Dackson -

But what they are arguing is that they do not want to prevent non-citizens from voting.

Who said this? I haven't heard anyone argue this? Have you been reading the same blog I have?

Every activity in life has requirements.

So therefore all state imposed requirements are therefore acceptable to us? There's plenty of state imposed requirements (i.e. laws) that are unreasonable.

If you are unwilling to meet those requirements, then you signal your indifference to participate in that activity.

How so? It's merely the result of a person making cost-benefit analysis. I might be really interested in voting, but the prospect of spending countless frustrating hours hunting down a birth certificate to do so might outweigh the value I get from voting. Particularly when the frustrating hunt is a result of beauracracy ineptitude, and not my fault.
5.12.2008 11:58am
Anderson (mail):
Flash Gordon... you're just wrong.

Leaving aside that, very likely, the relevant providers would be overwhelmed were *everyone* to suddenly want a copy of their birth certificate all at once.

And I shudder to think of my birth certificate's authenticity being scrutinized by the little old ladies at the polling booth.

We're en route to having a national requirement for DL's to include citizenship status ... if anyone's going to start requiring proof of citizenship, let it wait until that ID element comes online.
5.12.2008 12:03pm
cubanbob (mail):
As a naturalized citizen, I'm for the requirement have a photo ID and proof of citizenship. The arguments against this are specious. Somehow the "affected" groups have no problem getting the documentation they need to aquire "entitlements" and other benefits. If they can find the time and effort to get the benefits they can do the same for their voter's registration.
5.12.2008 12:04pm
Adam J:
cubanbob... I can't see how you've proved the argument is specious, people obviously can obviously afford to devote a greater amount of their time and effort towards seeking an entitlement that directly affects them then they can afford to direct towards voting. People tend to be more interested in putting bread on the table then determining their next round of governmental leaders... go figure.
5.12.2008 12:12pm
rarango (mail):
As a social security drawing, card carrying medicare guy, a whole lot the conspirators are going to be shocked when they apply for their entitlements! Proof of citizenship AND photo ID when you apply for medicare services. I only wish I were alive to hear the wailing and gnashing to teeth.
5.12.2008 12:13pm
MarkField (mail):
Dan Weber is correct that voting was often tied to property requirements in the early years. What's interesting about that, though, is that immigrants were often allowed to vote as long as they owned property. As property requirements were dropped, it became very common for immigrants FOB to vote (Tammany Hall was infamous for this).

This began to change shortly before the Civil War, when the Know Nothing agitation began against immigrants (mostly Irish). Not long after the Civil War, most states instituted residency and/or citizenship requirements for voters.

One other factor as well: there were essentially no immigration restrictions in those days, so there were no "illegal" immigrants.
5.12.2008 12:14pm
SIG357:
This will fix the problems which liberals correctly identified in the voter ID laws, so I'm sure they'll all be happy. Right?
5.12.2008 12:16pm
Mrs. Jones:
Given that it costs money to get a birth certificate, wouldn't a requirement for one be akin to instituting a poll tax.

Second, this seems to me to be making the electorate do the work of the state. In my experience a SSN is asked for on voter registration forms. Why can't the state cross-reference those with Social Security records to verify an applicants citizenship?
5.12.2008 12:18pm
SIG357:
there were essentially no immigration restrictions in those days

There were more immigration restrictions in those days than today, simply because getting to America was so much more difficult and time-consuming.
5.12.2008 12:18pm
Adam J:
Mrs. Jones- Why can't the state cross-reference those with Social Security records to verify an applicants citizenship?

Excellent question... but heaven forbid the beauracracy makes itself work a little harder when they can simply push that burden onto its citizens.
5.12.2008 12:20pm
SIG357:
Given that it costs money to get a birth certificate, wouldn't a requirement for one be akin to instituting a poll tax.

This is EXACTLY the argument which liberals made against voter ID. The answer is still no.

In my experience a SSN is asked for on voter registration forms. Why can't the state cross-reference those with Social Security records to verify an applicants citizenship?

This seems to undermine your claim that proof of citizenship requirements constitue a poll tax.
5.12.2008 12:21pm
Adam J:
SIG357- There were more immigration restrictions in those days than today, simply because getting to America was so much more difficult and time-consuming.

If you can't distinguish and recognize the difference between a state imposed burden and a economic burden then you have little business posting at this website.
5.12.2008 12:23pm
Virginian:

Birth certificates...may take weeks or months before it is obtained.


If only there were some way to know months in advance when an election was going to take place.
5.12.2008 12:24pm
SIG357:
Why can't the state cross-reference those with Social Security records to verify an applicants citizenship?

Ideally, your SS card would have biometric ID on it for this to work.
5.12.2008 12:24pm
SIG357:
If you can't distinguish and recognize the difference between a state imposed burden and a economic burden then you have little business posting at this website.

Hillarious. The people arging against ID are claiming that state imposed burdens ARE economic burdens, and so constitute a poll tax.

The point stands that "immigration" to America was more difficult in the past than it is today.
5.12.2008 12:28pm
Brian G (mail) (www):

I know people will be stunned to hear this, but both houses of the Missouri legislature are controlled by Republicans. (The Governor is also Republican, but that's going to change after the November election.)


How dare those dastardly Republicans support voting only for citizens? Next thing you know, those bastard right- wingers will say that the Constitution has an individual right to bear arms and that it permits the death penalty.
5.12.2008 12:30pm
The Unbeliever:
If they want any warm body that shows up at the poll to be able to vote, they should do that. Yes, even if they want illegal immigrants to be able to vote, that is Missouri's decision.

If you had restricted your comment to local elections, you might have had a half a decent point. But Missouri elects candidates to national level, and their electoral votes count just as much as those of other states. So the matter of barring illegal votes is very much a subject worthy of national debate.

Apart from that utilitarian argument, there's the philosophical question to consider. Although I'm a big fan of federalism and states' rights, I would still say there are some minimum restrictions that should be enforced on a national level. Ensuring only US citizens vote in the US, in every state and at every level, seems to be a bedrock principle of national sovereignty that carries an overriding interest over the state's whims. I would go so far as to support a Constitutional Amendment to explicitly state this if necessary, although I suspect the current Constitution probably covers it well enough (but IANAL).
5.12.2008 12:32pm
rarango (mail):
My take: proponents of voter ID and citizenship will never be able to satisfy the arguments of those who oppose voter ID and citizenship; nor, will the opponents of voter ID and citizenship accept any such arguments.

Would an opponent of voter ID please explain to me why it is that so many of these "poor, older, rural etc. americans" can seem to come up with both photo ID and proof of citizenship to get their social security card and medicare cards (as well as wading through one hell of an onerous 20 page application).

I think that fact alone would at least eliminate the "onerous and expensive meme" being brandished by opponenets of voting "obstacles" as least as it pertains to the group they seem to most concerned about. Older Americans seem to rise to this challenge quite nicely (as well as vote). Of course, that was the greatest generation--the baby boomer may have considerably more problem.
5.12.2008 12:40pm
Adam J:
SIG357- Perhaps I didn't use proper language, since all burdens are economic in some sense. However, one burden was State imposed, and therefore the state must ensure the burden is reasonable &fair, the second is a burden that isn't State imposed &therefore the state shouldn't get involved (except perhaps to provide reasonable entitlements to mitigage the burden). However, you conflate the two burdens to be similar and seem to state that therefore the state imposed immigration burdens is somehow justified by previously existing non-state imposed economic barriers.
5.12.2008 12:41pm
Arr-squared (mail):
"But, to take up the substance of your concern, please list for me the names of any elderly person you know turned away from the voting booth."

Well, this one is easy, at least:

"About 12 Indiana nuns were turned away Tuesday from a polling place by a fellow sister because they didn’t have state or federal identification bearing a photograph."

From: FOX News
5.12.2008 12:46pm
PersonFromPorlock:
As an alternative to proof of citizenship, how about proof of paying taxes? "No taxation without representation" and all that....
5.12.2008 1:00pm
josh:
BruceM says "The harder it is to vote, the better (as long as the requirements are equally applied to all people). Making voting easier for more people, which simply increases the number of uninformed voters, does no service to democracy even though it sure sounds like it does at first glance.

More noise in the system is bad. Less voters, and a higher signal to noise ratio, is good. Our world is simply too complex, and spin/advertising too coercive, to be encouraging as many people to vote as possible.

What's scary is that, at the end of the day, some people strongly believe they will be the one to benefit from the "uninformed" vote. From the looks of it, it appears to be the Democrats. I don't know why that is, as anyone who would vote for Bush suffers from a lack of information, at the very least."

I agree! Reinstate the poll tax! And how'bout an IQ test before voting too!!!! Yee hah! I LIKE this disenfranchizement thing!!!
5.12.2008 1:06pm
philosophystudent:
Seems we have 3 options in general, regarding voter ID.

1) Very limited verification of identity. PRO: minimal burden to voters. CON: more illegit votes; trust reduced about election outcomes.

2) Stringent verification. PRO: vastly reduces illegit votes. CON: potentially excessive burden to obtain ID.

3) Stringent verification with a program to implement free ID cards. Essentially, every citizen would have one, and no one else would.


In my mind, the third option combines the PROs of the first two without incurring the CONs. Why not have this option? I imagine there are some libertarian concerns, but like it or not, we've been running around with SSNs for a few decades now.
5.12.2008 1:10pm
cubanbob (mail):
" Adam J:
cubanbob... I can't see how you've proved the argument is specious, people obviously can obviously afford to devote a greater amount of their time and effort towards seeking an entitlement that directly affects them then they can afford to direct towards voting. People tend to be more interested in putting bread on the table then determining their next round of governmental leaders... go figure.
5.12.2008 12:12pm"

They could could also get jobs. But since they have the time to apply for "entitlements" they can find the time to get the required ID for a voters registration card. Its not like they have anything more important to do with their spare time like getting a job. Besides did not the Clinton Administration pass The Motor Voter bill where people can apply for a voters registration card at the welfare office or the DMV? Its not like the "entitled" ones have to go far out of their way. The founders were right. Voting should be restricted to taxpayers.
5.12.2008 1:12pm
Nathan_M (mail):

Would an opponent of voter ID please explain to me why it is that so many of these "poor, older, rural etc. americans" can seem to come up with both photo ID and proof of citizenship to get their social security card and medicare cards (as well as wading through one hell of an onerous 20 page application).

In general, the claim isn't that some voters are incapable of jumping through the hoops required of them to vote; it's that some voters will choose not to do it. Voting isn't particularly important to a lot of people.

These laws put barriers in front of certain people voting, so they make it less likely those people will vote. I accept your argument that they could vote if they really wanted is valid, but unlike supporters of Voter ID laws I don't think that means very much. If there was a 12 hour long line at my polling booth at the next election I wouldn't vote. I think even though I technically could have voted, I would have been disenfranchised by this. Likewise, while no doubt most voters can meet the requirements with a voter ID law with no extra effort, some can't, and some people will decide not to vote because of it.

My take: proponents of voter ID and citizenship will never be able to satisfy the arguments of those who oppose voter ID and citizenship; nor, will the opponents of voter ID and citizenship accept any such arguments.


I don't have any illusions about convincing you, but you could convince me voter ID laws were a good idea rather easily. If there was credible evidence suggesting that the number of fraudulent votes prevented was even of the same order of magnitude as the number of legitimate votes prevented I wouldn't oppose voter ID laws.
5.12.2008 1:23pm
Richard Aubrey (mail):
arrsquared.
The nuns' story has been debunked thoroughly. They were making a statement by refusing to take the steps necessary to vote.
5.12.2008 1:26pm
Tony Tutins (mail):
Nuns would have had to opt into social security, by the way. They're not drawing benefits.
5.12.2008 1:29pm
Cornellian (mail):
Anyone born in any state in the USA can get a copy of their birth certificate with a simple phone call to the bureau of vital statistics of the state in which they were born.

Anyone who has ever dealt with a government bureaucracy knows there is no such thing as taking care of something with just "a simple phone call."

Note that birth certificates are not photo ID, so you'll need both a birth certificate and a photo ID and suppose you're a married woman so the two names don't match? Is that woman then going to have to produce a third piece of documentation showing that she got married and changed her name? And if she can't happen to lay her hands on that piece of paper from, say, 20 or 30 years ago, is she going to be prohibited from voting in the name of preventing voter fraud?
5.12.2008 1:30pm
p. rich (mail) (www):
Still looking for widespread evidence of voter fraud, by the way.

So, it has to be evidentiary proof of "widespread" violation or it's not a problem? And who, then, would engage in a "widespread" investigation? I'm sure you would cheer Homeland Security agents stationed at polling places and "investigating" every voter. There is plenty of voter fraud evidence. Think of the various incidents as samples and do a statistical extrapolation.

As for acquiring proof of citizenship: Even if it poses a problem, it need only do so once if the accepted proof is good indefinitely. This is not some difficult problem that has to be solved every year. Even a citizen's driver's license, if good for 10 years or so, does not pose an onerous burden. To see an argument that, in essence, citizenship is not a valid requirement for voting is to see a one-world, open-border advocate trying to justify an idiotic, anti-American worldview.
5.12.2008 1:34pm
SIG357:
Nathan_M

If there was credible evidence suggesting that the number of fraudulent votes prevented was even of the same order of magnitude as the number of legitimate votes prevented I wouldn't oppose voter ID laws.

Couple of questions.

What would constitute such credible evidence, in your mind?

What is the number of legitimate votes prevented by ID laws? You must have the numbers, or you could not be making this argument.
5.12.2008 1:45pm
MarkField (mail):
The point stands that "immigration" to America was more difficult in the past than it is today.

If anything, it was easier to walk across the border from Mexico to Texas in 1848 than it is today.

It was, of course, harder for Europeans to get here, but your response doesn't really meet the issue. We don't test non-citizens today based on how much they paid to get here or what their net worth is. We just don't let them vote at all.
5.12.2008 1:45pm
MarkField (mail):
Not "walk" literally, of course.

In posting this, I can't help but regret that's it's necessary for me to do so. Ah, the internet.
5.12.2008 1:47pm
SIG357:
If there was a 12 hour long line at my polling booth at the next election I wouldn't vote. I think even though I technically could have voted, I would have been disenfranchised by this.

The word "disenfranchised" does not mean what you think it does. It means that you do have have the right to vote, not that you found it too difficult.
5.12.2008 1:48pm
SIG357:
If anything, it was easier to walk across the border from Mexico to Texas in 1848 than it is today.


Yes and no. Yes, it was probably physically easier to walk across the border. No, because you could get shot for trespassing in those days. The fact is that there was no large scale immigration across the southern border until recently. Nothing has changed physically that would account for differing patterns of migration. What has changed is that laws in the US are now vastly more favorable to illegals, and confer on them rights equal to, and sometimes superior to, those of US citizens.


It was, of course, harder for Europeans to get here, but your response doesn't really meet the issue.

My response meets exactly that issue.


We don't test non-citizens today based on how much they paid to get here or what their net worth is. We just don't let them vote at all.


We DO let them vote. Or, as the topic of this post relates to, we do absolutely nothing to stop them from voting. The debate here is whether we should stop them from voting.

I'm not sure why there is any debate at all over the question of whether we ought to prevent illegal immigration, but that's a different question.
5.12.2008 1:58pm
PatHMV (mail) (www):
philosophy student: the CON is that a national ID card for citizens as you describe would require a national database and a large federal bureaucracy to make it work. We have too much in the way of cradle-to-grave registration of individuals as it is today; we don't need to add to it.

As another commenter noted, it's hard enough correcting mistakes in government bureaucracies today; why create yet another one and make it even harder? It's bad enough on the rare occasion when the SSA prematurely declares someone dead. What happens when you can't get a job because some clerk misclassified you? My aunt was once prohibited from taking the GRE exam because her middle name on her ID didn't quite precisely match up with the name the company had down for her. Imagine what your life could be like when you need permission from the government (in the form of a government-issued card) to work, vote, or do anything else.
5.12.2008 2:00pm
Proud to be a liberal :
The individuals supporting proof of citizenship have not provided a real solution for:
1. those individuals who do not have birth certificates because their births were not recorded and were born before the 1930 census. These individuals would have been eligible for Soscial security and Medicare before 1996, so they may have been grandfathered into the system based on pre-existing records, such as baptismal certificates.
2. individuals who cannot afford the cost of birth certificates or copies of naturalization papers. The Indiana law provided free ids to people who were poor. Here, many Missouri residents were born outside of Missouri, so they would need subsidies to get birth certificates or naturalization papers.
3 individuals who cannot obtain copies of birth certificates or naturalization papers in a timely way.

When Congress passed legislation restricting SSI benefits based on immigration status, many of these prolems occurred, with the result that there were changes in law to protect these individuals.

Having once worked as a file clerk for INS, I am sure that it would take months for individuals to get copise of their naturalization papers, especially if thousands requested copies.
5.12.2008 2:00pm
Thales (mail) (www):
"To see an argument that, in essence, citizenship is not a valid requirement for voting is to see a one-world, open-border advocate trying to justify an idiotic, anti-American worldview."

How does open border translate to anti-American? Some would argue that relatively open borders, along with other freedom, is an essential feature of what is praiseworthy about America . . .
5.12.2008 2:04pm
SIG357:
Adam J

However, you conflate the two burdens to be similar and seem to state that therefore the state imposed immigration burdens is somehow justified by previously existing non-state imposed economic barriers.


This is not an immigration thread, so I'm not going far down this road, except to note that the logic of your position is that anyone who wants to come to the US has a "right" to do so.

Regardless of whether you are liberal, conservative, or (especially) libertarian, this is a suicidal position.

The state exists to place "barriers" on certain activity. Barriers on the movement of outsiders into the state is very high on the to-do list. That's the essence of what makes a state a state.
5.12.2008 2:08pm
SIG357:
Some would argue that relatively open borders, along with other freedom, is an essential feature of what is praiseworthy about America

Good grief! If America has "open borders" then in what sense does America even exist? The definition of a country is that it DOES have borders.

an essential feature of what is praiseworthy

Only if you're a believer in socialism.
5.12.2008 2:11pm
Adam J:
SIG357- I don't think I can continue an argument with someone who doesn't think the state allowing a voting site to have a 12 hour wait isn't disinfranchisement. You'd have to be completely out of touch with reality to seriously make that your argument.
5.12.2008 2:11pm
SIG357:
We have too much in the way of cradle-to-grave registration of individuals as it is today; we don't need to add to it.


We don't need to add to it. We simply need to get the government to use the vast amount of information it already has in a more sensible and practical fashion.
5.12.2008 2:14pm
K. Dackson (mail):
PatHMV:


K. Dackson... Yes, I don't terribly care for having to produce my ID to the government at the airport, either. But I put up with it because of the particular dangers of air travel these days.

A state-issued photo ID is a reasonable requirement, because it allows law enforcement to prove that someone voted in a particular election, if that's necessary to establish that the person voting was committing a crime in doing so. That's all that's necessary.

The proof of citizenship requirement puts a burden on ME because of the illegal actions of SOMEONE ELSE. Should we ban all guns because some people break the law with them? Of course not.



And yet you are willing to allow your vote to be cancelled by someone who is not qualified (by right of citizenship) to vote? How....strange.

Consider that the requirement of providing ID at the airport puts a burden on you because of the illegal actions of someone else. Yet you are willing to put up with that much more frequently than once every other year.

I am all for voting rights. For the people who are eligible to vote.

Adam J:


But what they are arguing is that they do not want to prevent non-citizens from voting.

Who said this? I haven't heard anyone argue this? Have you been reading the same blog I have?

Every activity in life has requirements.

So therefore all state imposed requirements are therefore acceptable to us? There's plenty of state imposed requirements (i.e. laws) that are unreasonable.

If you are unwilling to meet those requirements, then you signal your indifference to participate in that activity.

How so? It's merely the result of a person making cost-benefit analysis. I might be really interested in voting, but the prospect of spending countless frustrating hours hunting down a birth certificate to do so might outweigh the value I get from voting. Particularly when the frustrating hunt is a result of beauracracy ineptitude, and not my fault.




You really need to read between the lines. All the talk about undue burden is from people who want votes to count because it benefits their interests.

Gee, you want to drive a car? Get a license. Can't be bothered? Tough beans. You want to see a concert? Go buy tickets. Can't be bothered to actually purchase them? Tough beans. Not every activity is government regulated. Live with it.

As for your argument that it may take countless hours, I suggest that the hours you are afraid of wsting are more valuable to you than the ability to exercise your right to vote. How sad.

Dan Weber:

What the unbeliever said. I do not care about Missouri's rules for its state and local elections. How they determine who votes for persident has a bearing on my life, and as such it is a matter of my concern.
5.12.2008 2:15pm
Nathan_M (mail):

What would constitute such credible evidence, in your mind?

People being caught in large numbers committing voter fraud would work. My understanding is that there are at most a few cases where this is proven each election cycle in the entire country, which isn't enough to convince me voter fraud is a large problem.

Of course, voter fraud is difficult to catch, so the lack of convictions doesn't convince me it isn't a problem.

The best way to get convincing evidence of voter fraud given that people aren't convicted for committing it would problem be to audit a random sample of votes. I imagine it would be possible to track down, say, 10,000 randomly selected people who had ballots cast in their name on election day and verify with them if they had actually voted. There are obviously all sorts of practical difficulties with such a study, but it could provide convincing evidence of whether or not voter fraud is a problem.


What is the number of legitimate votes prevented by ID laws? You must have the numbers, or you could not be making this argument.

I have no idea how many legitimate votes are prevented. From Econ 101 I have an intuition that by making voting, and voting fraud, more expensive a Voter ID law will reduce both. How much it will reduce either by depends on all sorts of empirical factors I really know nothing about.
5.12.2008 2:15pm
SIG357:
Adam J

I don't think that anyone who imagines that "disinfranchisement" means whatever he feels like it meaning has any business commenting on a law site.
5.12.2008 2:16pm
Cornellian (mail):
If there was a 12 hour long line at my polling booth at the next election I wouldn't vote. I think even though I technically could have voted, I would have been disenfranchised by this.

The word "disenfranchised" does not mean what you think it does. It means that you do have have the right to vote, not that you found it too difficult.


Look up the terms "de jure" and "de facto."
5.12.2008 2:18pm
Andrew J. Lazarus (mail):

Anyone born in any state in the USA can get a copy of their birth certificate with a simple phone call to the bureau of vital statistics of the state in which they were born.

Gee, if that were true (which it isn't), wouldn't it become really easy for non-citizens to establish completely fraudulent identities?

It amazes me that someone would believe that the 34,000 applications thrown out in Arizona are seen as evidence of 34,000 non-citizens trying to register to vote. Wouldn't Occam's Razor, not to mention the stiff criminal penalties for illegal registration, suggest that most of these 34,000 were actual citizens whose paperwork was defective?

Once again, throwing poor people off the rolls is a feature, not a bug. Personally, I could live with mandatory Federally-issued ID at birth, but that's just me.
5.12.2008 2:20pm
SIG357:
People being caught in large numbers committing voter fraud would work.

And how, exactly, do you think that these large numbers of people can be caught, absent any means to detect vaote fraud at the individual level?

There is abundant evidence that large scale vote fraud takes place, where is cannot be traced to individul voters. For instance, it's not all that unusual for more ballots to be cast than there are voters registered to vote in some places. If that's not overwhelming evidence of vote fraud, then nothing is.

The best way to get convincing evidence of voter fraud given that people aren't convicted for committing it would problem be to audit a random sample of votes.

See above. We don't need to do this to see the evidence of vote fraud. It's right there before your eyes.
5.12.2008 2:24pm
SIG357:
Look up the terms "de jure" and "de facto."


I know what the terms mean. And other neither one is having to stand in line to vote disenfranchisment. Not being able to vote because your absentee ballot gets lost in the mail is not disenfranchisment. Not being able to make it to the polling place because of the weather, or because of a domestic emergency, is not disenfranchisment.

Whatever liberals may think, "disenfranchisment" is not a magic talisman which they can invoke to get whatever they want.
5.12.2008 2:30pm
Adam J:
K. Dackson - "All the talk about undue burden is from people who want votes to count because it benefits their interests." Gee, and here I thought it was about people not wanting an undue burden... thanks for you giving me your deep penetrating insight into the matter- I must be naive.

"Gee, you want to drive a car? Get a license. Can't be bothered? Tough beans. You want to see a concert? Go buy tickets. Can't be bothered to actually purchase them? Tough beans. Not every activity is government regulated. Live with it."

What's your point to this statement? I thought we are talking about government regulation. I'm okay with government licenses like drivers licenses when they provide a service (in this case ensuring competency), but what about when licenses are used merely for economic protectionism? Should we say "tough beans" and allow the license to continue? Or maybe, just maybe, we should not have the license because it presents an undue burden with little corresponding benefit.

I'm trying to debate the justification of a specific voter regulation, and the basic crux of your argument is "tough beans" and if you don't want to deal with the burden then you don't have the right to vote. As you said, "how sad."

Gee, and I thought we should strive for a efficient government that doesn't allow citizens with limited resources to be disinfranchised from government. How silly of me.
5.12.2008 2:31pm
Nathan_M (mail):
SIG537, I can't remember ever hearing about a situation where there were more votes cast than there were registered voters. I couldn't find any accounts of that happening with a quick Google search. I agree with you, though, that if that's not unusual then there is abundant evidence of large scale voter fraud.
5.12.2008 2:33pm
rarango (mail):
I don't have any illusions about convincing you, but you could convince me voter ID laws were a good idea rather easily. If there was credible evidence suggesting that the number of fraudulent votes prevented was even of the same order of magnitude as the number of legitimate votes prevented, I wouldn't oppose voter ID laws.
Nor I you, especially when you ask me to demonstrate something that cannot be demonstrated absent photo ID/citizenship laws in all fifty states.

Ultimately, it is a matter of choice. You prefer not to wait 12 hours in a line--the only person that dienfrancised you was you. People who don't choose to vote don't have to jump through the hoops; people who don't want social security and medicare dont have to jump through those hoops. I don't see the harm in either. quite frankly.
5.12.2008 2:35pm
K. Dackson (mail):
Adam J:

Those that talk about undue burden want everyone - whether they can legally do so or not - to vote. I do not see proving that you are to be able to cast a vote (a right of citizenship), an undue burden. It protects MY rights to ensure those that cannot legally vote do not do so.

What you thought about government regulation is a fabrication of your narrowness. My point was that every activity - government regulated or not - has some burden associated with it. If you do not want to meet those burdens, you can't play. Simple as that.

Yes, if someone (such as those nuns of fame and glory) does not want to make the effort to meet even the minimal requirement of proving they are a citizen to vote, then yes, TOUGH BEANS.

You have the right as long as you are willing to get the ID that says you can. And if that is too tough, then maybe you aren't mature enough to vote.
5.12.2008 2:41pm
rarango (mail):
Oops--I seem to have created a new form of a hanging something in my 2:35. Please delete the "quite frankly," although I gotta say, it really calls for a sentence complete exercise; perhaps riffing on gone with the wind.
5.12.2008 2:43pm
Nathan_M (mail):

Nor I you, especially when you ask me to demonstrate something that cannot be demonstrated absent photo ID/citizenship laws in all fifty states.

I don't understand this. If you can't demonstrate that voter fraud is a problem now, how would you be able to do it after voter ID laws are passed everywhere?

Ultimately, it is a matter of choice. You prefer not to wait 12 hours in a line--the only person that dienfrancised you was you.

I guess disenfranchised is an unfortunate term, because it means different things to different people. By it, I just mean "deprive someone of their right to vote". I'm not necessarily suggesting there should be a legal remedy.

For example, another poster said earlier that if there was a snowstorm which kept people from voting those people wouldn't be disenfranchised. I would say they would be disenfranchised, but by the snowstorm, not by the government. I don't think they should necessarily be able to have their vote counted, but I do think they are disenfranchised.

So, if for unexpected reasons beyond anyone's control there is a 12 hour line at my polling booth I think I'd be disenfranchised, but I'd agree with you that I shouldn't have any legal remedy. On the other hand, if all the polling places in heavily Republican neighbourhoods had 12 hour lines and there were no lines in heavily Democratic neighbourhoods I think we'd both agree that would be a problem.

People who don't choose to vote don't have to jump through the hoops; people who don't want social security and medicare dont have to jump through those hoops. I don't see the harm in either.

I find this attitude puzzling. Why should it be costly to vote? Isn't it intrinsically bad to make it harder for people to vote? Now obviously lots of rules that make voting more difficult are justified, but wouldn't we be better off if everyone was perfectly knowledgeable and honest so we could get rid of them all?
5.12.2008 3:01pm
Piano_JAM (mail):
I keep seeing this 'right to vote'. People, you have 'NO right to Vote'. It is a privilege granted to those who are eligible.

And in Missouri, you may need to prove you are a citizen to be eligible.

And if you disagree with the 'right to vote', see http://www.house.gov/jackson/VotingAmendment.htm.

Jesse Jackson, Jr. says you do not have a right to vote!!
5.12.2008 3:01pm
Adam J:
"I do not see proving that you are to be able to cast a vote (a right of citizenship), an undue burden. It protects MY rights to ensure those that cannot legally vote do not do so." That's the problem, you're too focused on yourself and not concerned about all citizens. Many citizens don't have the same amount number of resources (financial, mental or temporal) as yourself.

"What you thought about government regulation is a fabrication of your narrowness." Is this english? What is narrow about thinking some government regulation is inefficient, actually that's something that anyone can agree on, liberal or conservative.

"My point was that every activity - government regulated or not - has some burden associated with it. If you do not want to meet those burdens, you can't play. Simple as that." A naive point of view if you ask me. Many government regulated burdens are unnecessary &inefficient, we shouldn't just accept these burdens, we should challenge them. The scary thing about governmental regulated burdens on voting is that it can limit our ability to challenge them, by preventing us from using our most powerful tool to do so, ability to vote the bums out of office who would do so.


"And if that is too tough, then maybe you aren't mature enough to vote." Or maybe I have a number of other more serious obligations that would conflict with spending a large number of hours jumping thru government hoops, like feeding my children &keeping my job.
5.12.2008 3:02pm
K. Dackson (mail):
Adam:

Your argument is spurious. The government has an obligation to protect MY rights. Just as the government has an obligation to protect YOUR rights. If it is protecting MY rights, it is protecting YOUR rights. Or did you miss the class on "equal protection under the law"?

But you want the government to allow anyone, without regard to citizenship status, to dilute your most powerful tool. But requiring people to prove they are eligible to vote strengthens us as a nation. But you appear to be too partisan or naive to understand that.

And if you have other things that are more important to you than jumping through a large number of hoops (i.e., getting a freaking ID card) to ensure that your vote is as legal as the next person's, that is your judgement. Immature, but it is your right to be immature.

You want the right, but not the responsibility.

If it keeps people with your attitude from voting, then it has got to be a good rule.
5.12.2008 3:19pm
Dan Weber (www):
What the unbeliever said. I do not care about Missouri's rules for its state and local elections. How they determine who votes for persident has a bearing on my life, and as such it is a matter of my concern.

States have no federal requirement to use any kind of voting to decide how its electoral votes are allocated. They could just decide to have their governor pick them.

This is one of the reasons I don't like people trying to make the Presidential vote a popular vote.

Keep in mind, by arguing for Missouri's rights to control their own voting system, I'm also arguing that they can make (nearly) whatever stringent requirements on voting that they want. I might not like Indiana's voter-ID law, but I think Indiana should be able to do what it wants. States' rights applies even when I disagree with them.
5.12.2008 3:21pm
SIG357:
The scary thing about governmental regulated burdens on voting is that it can limit our ability to challenge them, by preventing us from using our most powerful tool to do so, ability to vote the bums out of office who would do so.


That's either very silly, assuming you don't believe it, or deeply paranoid, assuming you do.

Nobody is proposing that our ability to "throw the bums out" be restricted. Given the complete unwillingness of the voters to use that power I can't imagine why the politicians would want to make such a restriction even if they could.
5.12.2008 3:30pm
rarango (mail):
Nathan: fair questions all. Re voter fraud my thought is: I don't think we know the extent of voter fraud until such time as an election is challenged, or if the metric you mentioned, number of votes more than the number of people on the rolls comes into play. As a citizen of Washington State during Landslide Chris Gregoires 127 vote margin, there was clear evidence of irregulariy; and with that margin any irregularity is significant.

Whatever the reasons, when the state of Arizona finds some 30K plus people on the rolls who shouldnt be, that to me is evidence of the potential for fraud, and suggests to me it is the validity of the underlying voter rolls that keep the system honest. Those voter rolls can really only be checked when voters apply for a ballot.

I take your points about disenfranchsised. And I think the trend to toward absentee or vote by mail (as in Oregon) go a long way to reduce the burdens of going to the polls. That to me is progress (assuming the underlying rolls are accurate).

Ultimately, it appears to me we are disagreeing on what the costs of voting are or should be. I am guessing you would, as a matter of policy, try to reduce those "costs" as low as possible to encourage voting; As you might guess, I would try to keep those costs somewhat higher. You have every right to ask why, and I would respond by pointing out the magnitude of the number of illegal immigrants in this county makes the citizenship requirement more pressing (and that is irrespective of what party these folks might vote for). Were we assured that all voters were citizens by virtue of residing in the boundaries of the US, then by all means reduce the costs. In my view your position simply overlooks the fact that there are some 20 million illegal/undocumented aliens in this country as others have assumed that the existing laws are of sufficient deterrent to prevent them voting.

I do thank you for your civil arguments--much appreciated, and I have enjoyed the interaction. I understand where you are coming from, and hope you understand where I am.
5.12.2008 3:33pm
SIG357:
Nathan_M

SIG537, I can't remember ever hearing about a situation where there were more votes cast than there were registered voters.

Really? I guess you don't follow the news much.


I couldn't find any accounts of that happening with a quick Google search. I agree with you, though, that if that's not unusual then there is abundant evidence of large scale voter fraud.


Let me help you. Google the phrase "more ballots cast than voters registered". There IS abundant evidence of large scale voter fraud, as detected by this measure. Obviously this can only detect really severe cases. It's pretty suspicious if even 95% of registered voters vote, given how many invalid names are normally on the rolls due to deaths, relocations, etc.
5.12.2008 3:37pm
Adam J:
"If it is protecting MY rights, it is protecting YOUR rights.Or did you miss the class on 'equal protection under the law'?" Um, that's not how equal protection works. Equal protection is a requirement that laws must follow to be Constitutional, it doesn't mean every law protecting YOUR rights satisfies equal protection.
5.12.2008 3:42pm
SIG357:
Sample story.

The report indicates 5,300 more ballots were cast than voters recorded, and it cites 1,305 unenterable on-site registration cards in Milwaukee as a possible reason for this voter gap.

Some of the onsite cards didn't have addresses in Milwaukee. Some weren't signed, and some didn't even have names.


The task force says it believes one way to eliminate the possibility for fraud, or the appearance of fraudulent voting, is to eliminate on-site or same-day voter registration all together, or government-issued identification like a photo ID or social security card.
5.12.2008 3:44pm
SIG357:
"If it is protecting MY rights, it is protecting YOUR rights.Or did you miss the class on 'equal protection under the law'?"

I'm pretty sure Adam never took any classes on any aspect of the law.
5.12.2008 3:46pm
Adam J:
SIG357-

That's either very silly, assuming you don't believe it, or deeply paranoid, assuming you do.

No, what I said is basically fact. You are free to disagree that voter ID doesn't equal voter disinfranchisement. However, I can't see how you could disagree that voter disinfranchisement restrict our ability to vote the public officials that create disinfranchisement out of office.

After all, to disagree with this undermines your very argument for voter ID, since the justification for the voter ID burden is to prevent the disinfranchisement of legal voters caused by illegal voters.
5.12.2008 3:50pm
Adam J:
"If it is protecting MY rights, it is protecting YOUR rights.Or did you miss the class on 'equal protection under the law'?"

I'm pretty sure Adam never took any classes on any aspect of the law.

Ah, one of the last refuges of poor debaters, attack the person's expertise. Next comes ad hominem I suppose. I don't know why you would add your two cents after K. Dackson displayed a complete misunderstanding of the meaning of Equal Protection. You're also wrong, I'm a practicing attorney.
5.12.2008 3:58pm
ObeliskToucher:
From the State Department website:

If you do NOT have a previous U.S. passport or a certified birth certificate, you will need:

1. Letter of No Record

Issued by the State with your name, date of birth, which years were searched for a birth record and that there is no birth certificate on file for you.

1. AND as many of the following as possible:

* Baptismal certificate
* Hospital birth certificate
* Census record
* Early school record
* Family bible record
* Doctor's record of post-natal care

NOTES: These documents must be early public records showing the date and place of birth, preferably created within the first five years of your life. You may also submit an Affidavit of Birth, form DS-10, from an older blood relative, i.e., a parent, aunt, uncle, sibling, who has personal knowledge of your birth. It must be notarized or have the seal and signature of the acceptance agent. If you were born abroad AND do not have a Consular Report of Birth Abroad or Certificate of Birth on file, you will need:

1. If you claim citizenship through birth abroad to one U.S. citizen parent:

* Foreign birth certificate,
* Proof of citizenship of your U.S. citizen parent, AND
* An affidavit of your U.S. citizen parent showing all periods and places of residence or physical presence in the United States and abroad before your birth.

2. If you claim citizenship through birth abroad to two U.S. citizen parents:

* Your foreign birth certificate,
* Parent’s marriage certificate, AND
* Proof of citizenship of your U.S. parents and an affidavit of your U.S. citizen parents showing all periods and places of residence of physical presence in the United States and abroad before your birth.

5.12.2008 4:03pm
Nathan_M (mail):
SIG537, your link didn't work, but is this the report you were referring to?

I skimmed the report, and it seems like it found all sorts of clerical errors with the election, which created the possibility of fraud, but no actual evidence of fraud. (Aside from possibly issues with homeless people voting, although it wasn't exactly clear from the report if what they did was improper.) I didn't see any instances of fraud in the report which could be fixed by requiring voters to show ID, did I miss something?
5.12.2008 4:17pm
Nathan_M (mail):
SIG537, one more thing, there was no suggestion that there were more votes cast in Milwaukee than there were voters, right? Only that the authorities somehow were missing records for 5,000 or so ballots cast.
5.12.2008 4:28pm
MarkField (mail):

Yes and no. Yes, it was probably physically easier to walk across the border. No, because you could get shot for trespassing in those days.


This is so preposterously ignorant that I can only conclude you decided to make shit up and pass it off as fact.


We DO let them vote. Or, as the topic of this post relates to, we do absolutely nothing to stop them from voting. The debate here is whether we should stop them from voting.


If you want to participate in a discussion, show some intellectual honesty and stop dodging the issue. The point is that now we have laws which prohibit non-citizens from voting. In the past, including the early days of the republic, we did not.

The whole claim that there exists some large pool of "illegal immigrant voters" strikes me as nonsensical on its face. Anyone familiar with recent immigrants (I live in LA) knows that they avoid most contact with government authorities because they're worried about being deported. It's laughable to suggest that they register to vote in large numbers.
5.12.2008 4:46pm
rarango (mail):
Mark Field: the numbers often cited for illegal (undocumented) immigrants, I suspect, reflect a group of people who may have been in the country much longer than more recent illegals. The bottom line, it seems to me is we don't know how many we have in the first place, let alone how long some have been in the country. Recently arrived illegals act precisely as you say from what I have seen of them in WA state. But there are also illegals who have assimilated, speak English, and may even own property--but remain undocumented. Do you have any data on how illegals are stratified in terms of assimilation? If so, please share it.
5.12.2008 5:17pm
Dr. T (mail) (www):

Adam J:
Mrs. Jones- Why can't the state cross-reference those with Social Security records to verify an applicants citizenship?

Excellent question... but heaven forbid the beauracracy makes itself work a little harder when they can simply push that burden onto its citizens.

The Social Security system has proved to be inaccurate. There are too many persons with identical numbers. The cross-reference suggestion could work, but it would take more effort to handle the replicate number cases.
5.12.2008 5:23pm
Arr-squared (mail):
Aubrey:

"The nuns' story has been debunked thoroughly. They were making a statement by refusing to take the steps necessary to vote."

Evidence, please.
5.12.2008 5:42pm
Adam J:
Dr. T- Sure, SS is frequently inaccurate, a government run system tracking 300 million people is bound to be. Do you think we shouldn't use it then?
5.12.2008 6:08pm
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