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Supreme Court Upholds Indiana Voter ID Law


by: Phillip Martin

Mon Apr 28, 2008 at 02:30 PM CDT


Key Point: A Republican Supreme Court backs a Republican-pushed law that has no evidenciary justification for its enactment; meanwhile, in Texas, a Republican Attorney General pursues minority and elderly Democratic voters for laws that may not even constitute illegal activity while the same Republican Attorney General ignores documented instances of Republican voter fraud on a much larger scale.

Court Opinion
AP Article 

Today, in a 6-3 decision, the United State's Supreme Court upheld an Indiana state law that requires voters to provide photo identification.

Texas' Fight Against Republican Voter Intimidation 

In Texas, voter ID laws have been pushed repeatedly -- as they have been across the country -- by Republicans. Here's what Texas Attorney General Greg Abbott has been working on, courtesy of the Lone Star Project:

Abbott’s task force has indicted only 13 individuals, involving fewer than 50 ballots, which represents less than one of every 100,000 ballots typically cast in Texas. Virtually all of those prosecuted are African American or Hispanic senior citizens with Democratic voting history.
The indictments do not involve massive, or even organized, voter fraud. 10 of Abbott’s 13 indictments of do not even allege that a voter was defrauded. In these ten instances, Abbott prosecuted individuals who appear to have done little more than mistakenly help senior citizens by delivering already completed and sealed ballots to the post office or elections administration office.

So the Texas Attorney General is fine going after minorities and senior citizens, almost all of whom are Democrat. But that's not the half of it --- he won't investigate serious, legitimate instances of Republican voter fraud:

In 2005, two election judges, both Republicans, and a 10-year-old boy handed out over 100 ballots, Hebert testified, without checking any voter registration cards or IDs. The ballots were filled out and turned in, he said, quoting from several Dallas District Attorney memos that suggested there was a strong basis for prosecuting the judges for not following procedures and counting "over 100 more ballots" that there were "signatures on the roster."...
"Here we are nearly three years later and Attorney General Abbott's office has done virtually nothing," Hebert told Texas legislators.

Even the Republican Chair of the House Elections Committee, Rep. Leo Berman (R - Tyler) -- one of the staunchest defenders of voter ID laws -- wants the AG to look into it.

U.S. Supreme Court Admits "No Evidence" of Voter Fraud 

So that's the Texas picture -- But what did the Supreme Court ruling actually say? Well, I read through the ruling, and here's the basics of the argument

"A state law’s burden on a political party, an individual voter, or a discrete class of voters must be justified by relevant and legitimate state interests “sufficiently weighty to justify the limitation.” (Emphasis added).

So there must be state interests to justify the law. Is there any? Well, according to the Supreme Court:

While the record contains no evidence that the fraud SEA 483 addresses—in-person voter mpersonation at polling places—has actually occurred in Indiana, such fraud has occurred in other parts of the country...

So the state's interest argument is based on the idea that there is a larger, national interest, and Indiana -- as a player in our nation -- can pass a voter ID law, even if there's no evidence of fraudulent voting in Indiana (per the Court's opinion, not mine). And according to the Daily Kos post that originally pointed me to this, the "national interest" argument made in the ruling is based on the 19th Century Boss Tweed elections. I'm not even joking -- go read the post!

The state's interest argument is, well, an argument. Not a particularly strong one, but it's there and it's the Supreme Court ruling. But Texas elected officials, at least some of whom like to make their decisions based on FACTS, shouldn't be swayed by a state law for which there was no state need. 

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SCOTUS might be right... (0.00 / 0)
Honestly, I think it's okay for states to look to "problems" (not saying there was actually one here) in other states as justification for passing laws within thier own jurisdiction.  Texas shouldn't have to wait for a certain activity that it deems harmful to actually occur in Texas before making it illegal.  .  

That said, I'm sure politics had a lot to do with it.  So SCOTUS is really just another branch of government motivated by the policy preferences of its members...what else is new.  How do you think we got all the decisions that we like (Roe, Griswold, Brown, etc.)?

Looks like we're going to have to fight this one out in the legislature.  Bring it on.


We're a nation of laws (1.00 / 1)
Lets get over it and focus on issues effecting our economy and national security.  

I'm so glad (4.00 / 2)
Senator Gallegos didn't "get over it" and roll over.  We are a nation of laws and this particular proposed law in Texas would disenfranchise people of color, elderly citizens, disabled and low income Texans - people who should be protected under our "laws".  I'm not going to get over it and you can bet Republicans won't either.

This bill represents the 3-6% points in districts it could take for Democrats to win back the state House.  Republicans know this.  Unless you want John McCain, Rick Perry and Tom Craddick dictating the terms of our economy and national security for the next few years I'd suggest you not get over it.


[ Parent ]
Ok (1.00 / 1)
What's preventing people of color, elderly citizens, or disabled low income Texans from acquiring a state issued ID?  

[ Parent ]
new to this? (5.00 / 3)
This debate has been rehashed over and over, it's like a bad dream.

There have beens tons of studies showing the negative affects on turnout of the groups you named.  I'd start with the Brennan Center.

I'd also refer you to excellent analysis on this site from a year ago, links below.  Commenter sonia also did a fantastic job of rounding out analysis and explaining the repercussions of such legislation.  I'd encourage you to browse her old comments.

Bottom line is, when you are going to pass a bill and create a law you should be able to answer a few simple questions - why should we pass such a law?  What would it prevent?  What would it do?  What problem would it address?  Conversely, what negative side effects would result?  When you balance the costs and the benefits, is it worth it to pursue such public policy?  

There are a few issues that fall into the realm of the Legislature that are 100% pure politics.  No basis in policy, just complete partisan maneuvering meant solely to gain a political edge.  Redistricting is one of those issues, voter ID is the other.  There's a reason this bill always passes on party line votes.

Study Shows Voter ID Laws Supress Legal Voting
"The Elephant in the Room"*
Debating Voter Fraud/Suppression in Texas
HB 626: Defend Democracy from Itself
Royal Masset Decries Voter ID Bill


[ Parent ]
Yes I am (0.00 / 0)
Are you ok with that?

I've spent most of my life studying business and playing competitive baseball around the country and about a year and a half ago, I added Political Science to my degree at Texas State. I admit, I am 'new to this.'

I don't subscribe to this Republican suppression tactic, and I'm sorry if my first comment lead you to believe I do. I was meaning to express more of a frustration with issues like the deflating American $ and my concern with U.S. foreign policy  in the Middle East. Good redistricting analogy btw.  


[ Parent ]
perfectly ok with it (0.00 / 0)
Nothing wrong at all with learning about public policy, I wish the rest of the country would do the same thing.

They say if you have to explain, then you are losing.  Sadly Republicans have spent millions and millions of dollars on trumped up voter fraud investigations and PR campaigns, linking Voter ID with immigration, ballot box stuffing, and safeguarding democracy.  It's nothing of the sort, but they've used their position in power to get ahead of us on the issue, so we have to educate people on it.  

At any rate, welcome to the cause.  Write your legislator a letter, tell a friend and spread the word that voter id = bad.  To learn more I'd recommend perusing the archives of this site, and reading up on the work done by the Lone Star Project, True Courage Action Network, MALC, LULAC, NAACP, AARP, MALDEF, Glen Maxey and many others to protect the right to vote.

The party in power makes the decisions, and I believe that Democrats in office would do great things with regard to our economy, our foreign policy, and myriad other issues.  However, Republican suppression tactics like voter ID prevent Democrats from winning in some cases.  In order to make change we have to win, and in order to do that we have to beat bad bills like voter ID.


[ Parent ]
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