MAIL REGISTRATION- IDENTIFICATION AND FIRST TIME IN-PERSON VOTING REQUIREMENTS

Photo ID Requirements Are Discriminatory Against Minorities

The use of tests and devices at the discretion of local registrars and state officials in voter registration has historically resulted in discrimination. The Voting Rights Act of 1965 specifically outlawed tests and devices, such as poll taxes and literacy tests, which could arbitrarily be administered, ensuring that the registration process would be free from discriminatory barriers to registering to vote. Requiring any form of identification at the polling place would inevitably create similar barriers and hurdles for racial and ethnic minority voters and would have a chilling effect on voter participation. There are voters who simply do not have identification and requiring them to purchase identification would be tantamount to requiring them to pay a poll tax. The burden of this requirement would fall disproportionately and unfairly upon racial and ethnic minority voters, as well as voters with disabilities, since a disproportionate number have neither identification nor the financial means to acquire it. A burden such as this, which disproportionately affects minorities, would violate the Voting Rights Act, 42 U.S.C. § 1973.

The use of photo ID causes a disparate impact on ethnic and racial minority communities. For this reason, on November 5, 2001 a federal court outlawed the use of an identification requirement at the polls in Lawrence, Massachusetts. Both the United States Department of Justice and private plaintiffs argued and the court correctly found that "the burden imposed by this requirement will fall disproportionately on the Latin American community, thereby violating Section 2 of the Voting Rights Act, 42 U.S.C. § 1973."

The United States Department of Justice objects to use of photo ID for first time voters. The Department of Justice, has prohibited the use of Photo ID requirements without also permitting a signature attestation for first time voters under Section 5 of the Voting Rights Act because it had a disparate impact on minority electoral participation. Since black voters are four to five times less likely to have photo identification, the Justice Department believed that this requirement would have a "retrogressive effect on the opportunities of black voters who register by mail" and would likely "have a disproportionately adverse impact on black voters in the state."

Requiring a photo ID at the voting place causes an economic burden on the voter. The Federal Elections Commission noted in its 1997 report to Congress that photo identification entails major expenses, both initially and in maintenance, and presents an undue and potentially discriminatory burden on citizens in exercising their basic right to vote.

Identification requirement vests far too much discretion in the hands of local election officials. Poll workers can select - pursuant to criteria they alone can choose - who will be asked to produce identification and who will not. Florida law requires photo identification but allows voters who do not have identification to cast an affidavit ballot . In fact, the Equal Voting Rights Project discovered signs posted in precincts across the state which say "NEED PHOTO ID," causing voters who did not know about the affidavit alternative to leave without attempting to vote.

Allowing alternative documents such as a current utility bill, bank statement, Government check, paycheck, or other Government document that shows the name and address of the voter to be presented in lieu of a photo ID does not remove the discriminatory impact of the provision. Racial and ethnic minorities are less likely than white voters to have the various documents required under such an alternative. For example, Latinos are more likely to have several adults living at one address, making it less likely that all of them will have utility bills with all of their names on them. Many minorities are paid in cash because of their work in the service industry or performing domestic work; therefore they are less likely to have a Government check or paycheck than white workers who vote.

Photo ID Requirements Are Obstacles for Student Voters

At least 1.5 million undergraduates are currently attending school out of state. Most of these students do not have documentation or a photo ID that displays a local address.

Photo ID Requirements Do Not Accommodate State Vote-By-Mail Laws

Oregon has voted entirely by mail since citizens approved the method by a 2-to-1 margin in 1998. The goal of the program is to increase turnout, and in 2000 Oregon's turnout was nearly 10% higher than the national average. Placing additional barriers in front of mail-in voters will depress turnout and therefore run directly counter to the goal of the program.

Most States Do Not Currently Request Proof of Identity At the Polls, And Thus Do Not Create Additional Barriers to Voting

Less than half of all the states require voters' proof of identity before casting a ballot. According to a GAO report, only 23 states require proof of identity before a voter cast a ballot.

Signature Verification is An Effective and Workable Alternative to Fight Fraud And Is Used by Most States

The majority of States already require voters' signature before casting a vote. According to a CRS Report for Congress, 37 states require voters' signatures before casting a ballot.

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