Reference no: EM133374150

Question: Why voter identification laws matter According to the U.S. Constitution, states administer elections, not the federal government. This means that each state runs its elections differently. For example, Washington state voters cast their ballots by mail, rather than in person at the ballot box. States also set voter registration guidelines. In some states, you can show up to the polls on election day as an unregistered voter, automatically register, and vote in the election that day. In other states, such as Texas, voters must register in advance in order to vote. All of these differences suggest that who is a qualified, legitimate voter in any given election varies considerably by state, and in close elections, might change who wins and loses.

In 2011 the Texas legislature passed a law that requires all voters to produce photo identification when they present themselves to vote in an election. Prior to the law, Texans could present a voter registration certificate, which does not carry a photograph. Under the new law, not all forms of photo identification are considered valid for voting purposes. For example, state-issued concealed weapons permits are allowed, but student identification cards are not. A voter who shows up to the polls without appropriate photo identification may cast a provisional ballot but must return to the registrar's office with such identification within six days to make his or her vote count. By the 2016 election, the Texas law had been softened somewhat by a federal court.

Voters without an authorized identification were allowed to vote, but they had to sign an affidavit indicating they had a legitimate impediment to obtaining an approved identification card. The legislature passed a revised voter ID law in 2017 to address the concerns of the courts. It is still possible that a higher court will revisit Texas's law in future cases. In this citizen's guide, we will review how voter identification laws might impact elections in Texas, and what you need to do to make sure you are able to cast a vote. What's the Debate?

Supporters of stricter voter ID laws argue that requiring photo identification is necessary to ensure the integrity of the election system and assure Texans that their elections are free from fraud. They claim that fraud is often undetected and difficult to prosecute; thus the absence of high rates of prosecution does not mean that voter fraud is a problem that should be ignored. The potential of penalties for breaking the law, they argue, will deter any attempts to commit fraud. Former governor Rick Perry noted that the law "makes sense" since people need to show photo identification to board airplanes and perform transactions with banks and other organizations. Those in favor of the law also point to public opinion polls showing that the majority of Texans support the simple proposition that you must show photo identification to prove who you are in order to vote.

Opponents of the law claim that the measure is not really about preserving the integrity of the electoral system but is meant to minimize Democratic turnout in order to help the state Republican Party keep its hold on power. They argue that it puts an undue burden on populations who are less likely to possess photo identification (and who often vote for Democrats), such as elderly, disabled, minority, and poor voters, by making them go through additional steps to vote. Lubbock county commissioner Gilbert Flores noted that the bill's goal is to "weaken and deter the Hispanic vote." Texas's current voter ID law does provide for obtaining free photo identification from the state Department of Public Safety, but in some rural areas, opponents argue, the nearest DPS office is far away and not easily accessible. In addition, opponents suggest that the law is in essence a solution in search of a problem, pointing to research studies that show there is no real problem of voter fraud in Texas.

Legitimate arguments can be made for and against the legislation, but one thing is clear: Republicans strongly support it and Democrats have attempted to block it. This fact alone suggests that Republicans believe they will benefit from the law, while Democrats believe they will be harmed. Communicating Effectively: What Do You Think?

Question 1 Do the arguments for the voter identification legislation outweigh the arguments against it? Submit Response

Question 2 Why do you think a concealed weapons permit is an acceptable form of voter ID, but a school ID is not? Submit Response

Question 3 Do you think a student ID should be accepted for voting?