The Trouble with Voter ID Laws

by Katelin Hansen | Sep 13, 2012 | Feature, Headline News | 5 comments

As Election Day draws near, one of the most hotly contested battles isn’t just over the economy or foreign policy; it’s over the fundamental right to vote itself. This year we have seen an upsurge in voting-related laws being proposed and passed. As is too often the case, these new laws disproportionately work against people of color, as well as low-income populations.

Christians have a legacy of electing leaders, and we have a responsibility to protect this right for all our sisters and brothers. The early church decided that it would be good for them to “choose seven men from among you who are known to be full of the Spirit and wisdom. We will turn responsibility over to them” (Acts 6:3). Indeed, we are to “select capable men from all the people — men who fear God, trustworthy men who hate dishonest gain — and appoint them as officials over thousands, hundreds, fifties and tens” (Exodus 18:21). When we exercise the right to vote, we participate in a history passed down to us from both our political and spiritual forebears.

But this year, new laws seek to selectively impair voting capacity of a subset of the population by reducing polling hours and by requiring photo IDs. Some estimates suggest that in Pennsylvania, for instance, 9 percent of registered voters do not own a driver’s license and that nationwide these percentages could add up to approximately 22 million otherwise legally eligible voters being disenfranchised at the polls this year. Yet there have only been ten instances of in-person voter fraud in the nation since the year 2000. Ten.

What’s Wrong with Showing an ID?

One may wonder why obtaining a simple driver’s license is such a big deal. Doesn’t everybody need one anyway? But as it is less common to drive in urban settings, these populations are less likely to need driver’s licenses. And car ownership itself is a privilege of economic status that many of us in the middle-class strata take for granted. In fact, most other interactions that require a driver’s license are also habits of privilege (cashing a check, making purchase returns, renting a car, boarding a flight). Alternative forms of photo ID (like passports, government IDs, and college IDs) are also upper-middle-class documents.

It’s true that some types of non-driver’s-license photo ID are available for free, but they often require documentation like birth certificates and Social Security cards that can cost a significant amount of time and/or money to obtain. A simple task that is supposedly a right of citizenship quickly becomes a multi-day bureaucratic saga that requires energy and time away from work, often when one can’t afford either.

Those that use public transportation are especially burdened when original documentation, photo ID, registration, and actual voting all happen in different locations with restricted hours of operation. And in the meantime, local taxes that fund such public services are voted down by those least likely to need those services.

Homelessness makes the situation all the more difficult. It becomes almost impossible to establish residency, provide a mailing address, or show proof of identification. Yet a mailing address is often necessary to receive voter ID cards that individuals have to show on Election Day (regardless of photo ID requirements). All the while, those with the privilege of ease of access to voting can influence policies on housing, welfare, and social services, to the exclusion of those whom the policies actually affect.

Injecting Race Into the Race

In addition, these issues are conflated with race. Nationally, more than one million black residents and half-million Latinos live more than 10 miles away from locations issuing valid photo IDs. In Mississippi, Alabama, and Georgia, driver’s license offices “that are open more than twice a week are located largely away from rural black populations.”

Legislation has also targeted such options as early voting for individuals who aren’t able to make it to their polling places on Election Day. In the process of overturning these laws, some compelling stories have come to light (this court case in particular), but often at the expense of privacy and dignity. Ohio State Representative Alicia Reese notes, “Citizens have come up to me asking why, as a voter, have I been called lazy? Why, as a voter, have I been called a criminal because I want to go vote? As a voter, why are they making it more difficult because I work two shifts and I want to get to the board of elections to vote but I don’t want to lose my job in the process? Why in Ohio is the vote under attack?”

What is more, the proponents of these laws seem to be well aware of the laws’ nuanced and biased consequences, allowing the swirl of myths and fear mongering from a select few to confuse their motives. Pennsylvania State Representative Mike Turzai exclaimed that the new voter ID law “is gonna allow Governor Romney to win the state of Pennsylvania — done.”

In a recent case regarding their voter ID law, the state of Texas argued that “poverty is not a protected classification under the Constitution,” and if “minority voters are disproportionately indigent,” they are nevertheless not being racially discriminated against. But a lack of intent to discriminate does not ensure a lack of discrimination. Indeed, a national survey demonstrated a correlation between those supporting Voter ID laws and those harboring negative attitudes toward people of color, which wasn’t simply explained by party affiliation.

It’s important to note that many proponents of voter ID laws are not intentionally trying to be discriminatory on the basis of class or race. But when we view the world from only one perspective, we tend to forget that the prevailing system favors the privileged in our country. Those that support voter ID laws are often the same folks who equate poverty with laziness, and blackness with criminal behavior, without ever digging into a deeper understanding of the subtle, often subconscious biases that we all maintain.

Troubling Consequences

It is ironic that as we send troops overseas to “defend freedom and democracy” abroad, we create ways to hinder our own democratic process at home. Shouldn’t we laud an increase in voter turnout rather than trying to suppress it? Shouldn’t we want more citizens to become engaged in electoral proceedings, not fewer? How does decreased participation enhance the democratic process?

Perhaps there is a fear that by allowing more voting opportunities the “wrong” policies will be enacted. But if one’s policies are good and righteous, won’t they appeal to the majority of voters? We must remember that “righteousness exalts a nation, but sin condemns any people” (Proverbs 14:34).

If voter ID laws were purely about preventing voter fraud, the entire country would benefit from this added security. But if one political party makes gains from voter suppression, what does it say about that party’s platform? Clearly not that it is formed with the benefit all citizens in mind.

What does it say if one has to silence the voice of the people in order to win a seat in government? Could this be a sign that one’s policies are no longer benefiting the majority of one’s constituents? In some cases, I think it might. But rather than adjust their policies or “sell” voters on their positions, some politicians seek to increase the barriers to voting for their opponents.

A Troubled History at the Polls

Discrimination and intimidation at the polls is nothing new. Our country’s voting history is fraught with poll taxes, literacy requirements, racial gerrymandering, and voter intimidation (all of which were legal in our lifetime — or at least our parents’). Indeed, as I describe, many of these injustices are still practiced in one form or another today.

Both modern and historic laws use carefully coded language to allow for legal discrimination, without ever explicitly mentioning race. When poll taxes were legally in use, they often came with a grandfather clause that allowed citizens whose ancestors had voted in the years before the civil war (you know … before the abolition of slavery) to forgo the tax.

The implications for such a legacy are profound. Years of disenfranchisement leads to a foundation of legal precedent and accumulated power that perpetuate disparity and injustice. It’s no coincidence that that the Senate is still 96 percent white. As Christians, we know God says to “choose some wise, understanding and respected men from each of your tribes, and I will set them over you” (Deuteronomy 1:13), but some groups are still embarrassingly absent from our leadership.

What effects might this disparity have on controversial or racially veiled legislation moving forward? Even assuming no intentional prejudice, surely we can’t presume that homogeneous legislatures have full understanding of the needs of their constituents of color.

The Truth About Voter Fraud

As Christian voters we have an obligation to “discern for ourselves what is right; let us learn together what is good” (Job 34:4). It’s true that there are cases in which voter fraud has been a problem, but these cases most often occur in the context of absentee voting, a scenario that is not at all helped by the requirement of a photo ID at the polls.

While some of the new legislation has been struck down, others remain up for debate and it’s important to inform ourselves about the effects of the legislation. If you haven’t registered for this year’s election, do so. And educate yourself about the ID requirements in your state. If you’re already registered and ready to go, help some who aren’t in that same position. On Election Day, join with other believers to unite around the communion table as a way of practicing our common bond in Christ amid our theological, political, and denominational differences. And on that day, consider giving of your time to make sure every citizen can cast a vote safely and legally.

What do you think of voter ID laws? Share your view in the comments section below.