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Identification and voting

Ever since I first started covering elections, I've had people ask me why voters aren't required to show some sort of photo identification when they come to the polls. The worry has been, I think, that anyone could show up and claim to be someone else.

My understanding from speaking lawyers has always been that a person's right to vote shouldn't hinge on them being able to afford or get a government identification card of some sort. Those who are especially disposed to flowery language would say things like, "Voting is a right that must be as unfettered as possible."

Well, it turns out at least one federal court agrees, striking down Georgia's effort to require identification for voting. From our friends at the Associate Press (after the jump):

ATLANTA, Ga. (AP) - A federal court has temporarily barred Georgia from enforcing a new state law requiring voters to show photo identification at the polls.

In granting a preliminary injunction Tuesday, U.S. District Court Judge Harold Murphy in Rome, Ga., agreed with critics who claimed the law amounted to an unconstitutional poll tax.

The U.S. Justice Department approved the law in August, saying that while Attorney General Alberto Gonzales didn't object to the state's voter ID requirement the federal agency's approval didn't preclude lawsuits against it.

Weeks after the law won federal approval, voter and civil rights groups filed the federal lawsuit challenging the law, contending it violates state and federal constitutions.

The Republican-backed measure sparked racial tensions during the state's legislative session last spring. Most of Georgia's black lawmakers walked out at the state Capitol when it was approved.

Democrats had argued the idea was a political move by the GOP to depress voting among minorities, the elderly and the poor — all traditional bases for Democrats. Its opponents include the AARP, League of Women Voters, the American Civil Liberties Union and the National Association for the Advancement of Colored People.

The law eliminates formerly accepted forms of voter identification, such as Social Security cards, birth certificates or utility bills.

Rep. Tyrone Brooks, president of the Georgia Association of Black Elected Officials, called the ruling "a strong signal from the federal judiciary that Georgia has gone too far in impeding the right of citizens to vote."

The Rev. Joseph Lowery, a civil rights activist, said the ruling is "a breath of fresh air," adding, "We believe that this affirms our notion that this legislation infringes on our constitutional rights."
Supporters of the law vowed to challenge the court decision.

"We'll appeal it until the Supreme Court makes a decision. Hopefully by then the President will have a good conservative court up there that understands the will of the people," said State Sen. Don Balfour, R-Snellville.

Gov. Sonny Perdue and other Republicans have said the measure is aimed at preventing voter fraud, not hurting poor voters. The governor has pointed out that state IDs would be given free to people who couldn't afford the fee or said they planned to use the ID to vote. "It will not be a hardship on any voter," Perdue said when he signed the bill in April.

Even though the measure was immediately signed by Perdue, the law did not go into effect until it was approved by the Justice Department. Under the Voting Rights Act, Georgia and other states with a history of suppressing minority voting must get the Justice Department's permission to change their voting laws.

So far, the voter ID requirement has only applied to several local special elections.

Nineteen states require voters to show identification, but only five request photo ID, according to the National Conference of State Legislatures. Those states — Arizona, Florida, Louisiana, South Carolina and South Dakota — allow voters without a photo ID to use other forms of identification or sign an affidavit of identity.

On the night that the legislation was approved, black lawmakers stormed out of the Georgia House and Senate. Some sang a civil rights era protest song — "Ain't Gonna Let Nobody Turn Me 'Round" — so loudly that business had to be stopped. Later they held rallies across the state decrying the measure. The widow of Martin Luther King Jr., Coretta Scott King, publicly called on Perdue to veto the bill.

Okay. Discuss amongst yourselves.

Comments (2)

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Joe Guarino said:

The problem of election fraud and irregularities is real. The last guberbatorial election in Washington state, for instance, was likely stolen.

I think Perdue is on the right track by issuing ID's free of charge. We can easily do that in NC using local DMV driver's license offices.

Doug Clark said:

I voted early yesterday and was disappointed that I wasn't asked to show an ID. All you have to do to get a ballot is give a name and address, then sign a form verifying your status as a legal voter. It would be the easiest thing in the world to pose as someone who never votes in municipal elections (about 80+ percent of registered voters). As long as the person whose identity you borrow doesn't try to vote, the impersonation won't be discovered and you'll have an opportunity to vote again, and again. I don't know how much that happens in North Carolina, but the door is wide open.

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