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by Bob Fitrakis & Harvey Wasserman
The US Supreme Court has just dealt a serious blow to voters' rights that could help put John McCain in the White House by eliminating tens of thousands of voters who generally vote Democratic.
By 6-3 the Court has upheld an Indiana law that requires citizens to present a photo identification card in order to vote. Florida, Michigan, Louisiana, Georgia, Hawaii and South Dakota have similar laws. Though it's unlikely, as many as two dozen other states could add them by election day. Other states, like Ohio, have less stringent ID requirements than Indiana's, but still have certain restrictions that are strongly opposed by voter rights advocates.
The decision turns back two centuries of jurisprudence that has accepted a registered voter's signature as sufficient identification for casting a ballot. By matching that signature against one given at registration, and with harsh penalties for ballot stuffing, the Justices confirmed in their lead opinion that there is "no evidence" for the kind of widespread voter fraud Republican partisans have used to justify the demand for photo ID.
Voting rights activists have long argued that since photo ID can cost money, or may demand expensive trips to government agencies, the requirement constitutes a "poll tax." Taxes on the right to vote were used for a century to prevent blacks and others from voting in the south and elsewhere. They were specifically banned by the 24th Amendment to the Constitution, ratified in 1964.
But the Court's lead opinion, written by Justice Stevens, normally a liberal, said that though rare, the "risk of voter fraud" was nonetheless "real" and that there was "no question about the legitimacy or importance of the state's interest in counting only the votes of eligible voters." The burden of obtaining a voter ID, said the court, was not so difficult as to be deemed unConstitutional. Ohio election protection Attorney Cliff Arnebeck believes Stevens joined the decision to divide the Court's conservative majority, and to leave the door open for further litigation.
But there is no indication the corporate media or Democratic Party will be pursuing significant action on this issue any time soon. Though the Kerry Campaign solicited millions of dollars to "protect the vote" in 2004, it has not supported independent research into that election's irregularities. In the King-Lincoln Civil Rights lawsuit, in which we are attorney and plaintiff, 56 of Ohio's 88 counties destroyed ballot materials, in direct violation of federal law. There has been no official legal follow-up on this case, no major media investigation, and no support from the Democratic Party either to investigate what happened in Ohio 2004, or to make sure it doesn't happen again in 2008. The issue has yet to be seriously raised by the major Democratic candidates despite the fact that it could render their campaigns moot.
This latest Supreme Court decision is yet another serious blow to voting rights advocates---and probably to the Democratic nominees for President and other offices. It will clearly make it far more difficult for poor, minority, elderly and young citizens to vote. Tens of thousands of normally Democratic voters in key states---especially Florida, Michigan, Georgia and Louisiana---will simply be prevented from getting a ballot.
The Brennan Center for Justice at New York University's School of Law in its "Friend of the Court" brief noted that between 10% and 13% of eligible voters lack the identification now required in Indiana. People without an official photo ID tend to be disproportionately minorities and poor, ushering a new Jim Crow era based on race and class apartheid. One Indiana study, according to Inter Press Service reporter Jim Lobe, found that 13.3% of registered Indiana voters lacked the now-required ID, but the numbers were significantly higher for black voters at 18% and young voters age 18-34 at more than 20%.
Kathryn Kolbert, President of People for the American Way, put the number at "millions of eligible voters who don't have the ID these laws require."
Photo ID has long been a lynchpin of a concerted GOP strategy to eliminate Democratic voters. In the wake of the theft of the 2004 election in Ohio, Republican activists produced heavily publicized allegations of massive voter fraud, virtually all of which proved to be false.
Nonetheless, the drumbeat for restrictive ID requirements has been steadily rising from GOP strongholds. Other such laws are now virtually certain to follow in states with Republican-controlled legislatures, though it's unclear how many more can be put into law by November.
Nor has the GOP let up in its other campaigns to restrict access to the polls. Extremely harsh limitations on voter registration campaigns in Florida have severely restricted attempts by the League of Women Voters and others to sign up new voters. GOP election officials also have made it clear they will severely restrict the franchise of those who have minor irregularities in the registration forms, such as an errant middle initial or changed address.
It is also unclear how many electronic voting machines will still be in place come November. Despite a wide range of high-level studies showing them easily hackable, the elimination of touch screen voting machines has proceeded at a glacial pace. No significant federal legislation has been passed to eliminate electronic voting machines or even to make them more secure. With a few exceptions, most notably Florida, progress at the state level has been minimal.
Thus the GOP hope that millions of Americans will be voting on hackable computers this November, and that millions more may be eliminated from the rolls altogether, seems very close to fruition. Whether this will swing the election to John McCain remains to be seen. But this Supreme Court decision allowing the demand for photo ID makes it much more likely.
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Ya, the "court of the
Ya, the "court of the srreet" ia all thats left and I dont see anyone getten away from their tv's long enough to do that.
_______They want the federal government controlling Social Security like it's some kind of federal program.
George W. Bush, St. Charles, Missouri, November 2, 2000
Not McCain, they elected Hillary
The Obama campaign must file suit to stop the enforcement of the Indiana Voting ID law.
The Supreme Court ruling less than two weeks before the Indiana Primary will be worth five to ten percentage points for Hillary Clinton against Barrack Obama if the law is strictly enforced. Since the ruling came down so close to the election date there won’t be sufficient time for a person that does not have a photo ID to obtain one given the overly strict requirements to obtain an ID from the State or Federal government.
Beyond that, now that many people are ordering their license plates online many of the license branches have been closed meaning that voters without drivers licenses will no longer have a neighborhood branch and will have to take public transportation far out of their neighborhood to obtain a picture ID.
If I did not have a photo ID I would have to drive a 40 mile round trip to obtain one.
Here are the requirements to obtain an ID from Indiana;
• One primary document; and
• One secondary document; and
• Proof of Social Security number or Social Security ineligibility; and
• Proof of Indiana residency.
OR
• One primary document; and
• Proof of Social Security number or Social Security ineligibility; and
• Proof of Indiana residency.
What’s a primary document you ask?
Primary Group-acceptable United States documents:
• US Birth Certificate with authenticating stamp or seal containing the applicant's date of birth, place of birth, and parent's names issued by a county department or county board of health from the applicant's state of birth, a state department or state board of health from the applicant's state of birth, or a verified delayed birth certificate.
• Certificate of Naturalization/Citizenship
• Certification of report of birth (DS-1350)
• U.S. consular report of birth (FS-240)
• Birth certificate issued by United States territories, including American Samoa, Guam, Puerto Rico, and Virgin Islands
• U.S. Veterans Universal Access Identification card with photo
• U.S. Military/Merchant Marines identification card with photo
• U.S. Passport
Primary Group-acceptable immigration documents:
• Valid foreign passport with photo with a visa that includes a valid form I-94 indicating the authorized duration of stay in the United States
• Valid foreign passport with a current visa that states "Upon Endorsement Serves as Temporary I-551 evidencing Permanent Residence for 1-year"
What’s a secondary document?
Any document from the list of Primary Documents may be used as a Secondary Document.
• Certified academic transcripts from schools in the United States and its territories
• School report card dated within 12 months of application
• School identification card with photo or yearbook photo within three years of application
• An identification card with photo issued by a foreign consulate
• An identification card with photo issued by the federal government
• An Indiana identification card
• A driver license, identification card, or permit with photo issued by another state
• Original driving record from another state
• Valid form I-20 with a valid form I-94 and a F-1/F-2 status in passport
• Valid form DS-2019 with a valid form I-94 and a J-1/J-2 status in passport
• Indiana county pre-sentence Investigation report with clerk stamp or seal
• Indiana gun permit
• Indiana probation identification with photo, name and date of birth
• Letter from probation officer, caseworker, or social worker on official letterhead, certified with stamp or seal with the applicant's name and signature of the probation officer, caseworker, or social worker
• Prison release documentation
• U.S. district court pre-sentence Investigation report with stamp or seal
• Valid banking card or MasterCard, Visa, American Express, or Discover card issued in the name of the applicant with his or her signature
• Bank statement issued within sixty (60) days of application
• Form W-2 (federal or state) or Form 1099 with applicant's name and address
• Computer generated pay check stub with applicant's name and address
• Valid employee identification card with photo
• Valid Indiana professional license
• Valid insurance card
• Medicare or Medicaid Card
• U.S. military discharge or DD214 separation papers
• U.S. Uniformed services card
• Divorce decree certified by court of law with stamp or seal.
• Application of Marriage or Record of Marriage that is certified with stamp or seal
And the situation to obtain a passport from the Federal government is even worse given the short time period, a resident of Indiana would have to travel to Chicago and apply at the State Department regional office on the 18th floor of the Federal Building.
As a tactical move an Obama challenge to this law is a win/win. Since this is a primary election there would be no cause for the republicans to defend their law until the November elections leaving only Hillary or her surrogates to mount a challenge to Obama.
Only In Amerikkka!
My son, who does not have a drivers license, went to the Michigan Secretary of State office after 9/11 to get a picture ID. He brought the required information, but the manager of the office refused to give him an ID. The reason, he didn't have a picture ID. So now you need a picture ID to get a picture ID.
Only in Amerikkka!
Thats a BULLSHIT story and
Thats a BULLSHIT story and you know it,a birth cert.,a ss card,a passport ect and a number of other things will do it,in any state in this union.....,I am growing tired of BULL SHIT ARTIST....
_______They want the federal government controlling Social Security like it's some kind of federal program.
George W. Bush, St. Charles, Missouri, November 2, 2000
First off,YOU ARE A FUCKING
First off,YOU ARE A FUCKING IDIOT.
Secondly....Your entire defense is that somehow not showing positive ID somehow helps the Republicons.......I dont get it,you have to register to vote,,everywhere...Its only commom scince that if you went to the trouble to register you are valid???
Of course you should show ID to vote,other wize lets do it by phone....Or let Kkkarl rove run the deal....
They want the federal government controlling Social Security like it's some kind of federal program.
George W. Bush, St. Charles, Missouri, November 2, 2000
Under the current Indiana
Under the current Indiana Voter ID law you can have a voter registration card, present the card as ID along with a Social Security card when attempting to vote and if you do not have another ID with a photo you will be turned away. Now if that isn’t bullshit I don’t know what is.
Point #1 With the Supreme Court ruling coming just nine days before the Indiana Primary election there is not enough time to gather the needed documents to obtain a photo ID.
Point #2 Indiana has closed many neighborhood license branches since you can now get license plates online so getting an ID is more difficult than it would have been just a few years ago.
Point #3 There are many forms of ID, the requirement that the ID must be from the state or Federal government and that it must be a photo ID is overly restrictive.
Point #4 The demographics of those who use public transportation and do not have driver’s licenses is stacked heavily against Obama in favor of Clinton.
McCain you're in!
"Point #4 The demographics of those who use public transportation and do not have driver’s licenses is stacked heavily against Obama in favor of Clinton."
And even more so in favor of Bush III perhaps? It's just another way the Republikkkans keep CheneyBushCo from ever having to face the consequences of their actions and maybe a way to reward McCain for all those years of kissing Bush's ass.
_______I've got values but I don't know how or why.
Actually I'm not sure that's true
The impressions I was getting (and I'd need to check) is that as education level got higher the more inclined to back Obama.
OK - it's not perhaps a direct link but I think public transport is used more by those in modest jobs with lower education levels.
In most Indiana cities the
In most Indiana cities the city buses are heavily used by blacks, back in the 80’s I lived in Indianapolis and had to take the bus to work for a couple of weeks waiting for repairs after an accident and blacks outnumbered all others combined by 8 or 10 to 1.
The bus ride took almost 2 hours while the commute took about half an hour.
Indiana’s cities tend to be very segregated with neighborhoods divided between blacks, Hispanics and blue collar whites with the suburbs being middle class and upper class whites.
There a few inner city residential areas where yuppies have relocated but they are the exception that proves the rule.
Fair enough
The demographics of Indiana are not something I've expereinced.
O.K., As a liberal member of
O.K., As a liberal member of the Demo party....DUH!!!!!!!!!!! O f course people should have to prove I.D. to vote...Ya gota prove I.D. to cash a 20 dollar check at walmart....Ya gota prove I.D. to pick up registered mail...Come on ..OF COURSE TO VOTE YOU MUST PROVE POSITIVE I.D.,,,.,Why the fuck is this not a NO-BRAINER?.....Cause nobody has a brain anymore????
_______They want the federal government controlling Social Security like it's some kind of federal program.
George W. Bush, St. Charles, Missouri, November 2, 2000
Voter ID
classwarfare wrote:
..OF COURSE TO VOTE YOU MUST PROVE POSITIVE I.D.,,,.,Why the fuck is this not a NO-BRAINER?.....Cause nobody has a brain anymore????
Not at all! Because there is ID, and then there is ID. Here in CO, a tough new ID law came into effect last year that requires three additional unimpeachable documents in order to get a state ID card with photo. The state ID card is the 'open sesame' key to voting. You don't have it, you lose.
To get my Colorado picture ID last year, before the more stringent documents verification rules came in, I had to produce:
i) A valid passport with photo, date etc.
ii) A valid marriage certificate
iii) Social security card
iv) Birth certificate, notarized
v) Baptismal cert.
vi) draft card (issued in 1964 with selective service #)
As it turned out, the next to last and the first were "optional" - meaning I didn't really need them to get my ID.(The person demanding them at the DMV had been mistaken) However, now ALL are required, or in place of the passport you have to produce a valid driver's license (another license from another state will not do!)
Where many older voters get caught is that they are unable to produce all the base documents. Maybe they lost their original marriage certificate way back when and have only been able to get a copy, more frequently, maybe they lost or misplaced their birth certificates. Or, moved from another state with that driving license, assuming it would be adequate, and discovered to their sorrow it was not qualified for use as a base document.
The point is that the base documents requirement is excessive! Another state's driver's license ought to be allowed (in a pinch) just as a copy of the REAL birth cert., not the actual real original!
When so many original, high profile documents are required just to get a state ID card, and THAT card is also required to VOTE - then it becomes a de facto impediment to voting and THAT is the true no-brainer!
The supreme court
The Supreme Court elected Bush president in 2000 and have now elected John McCain president in 2008. Requiring a photo ID in order to vote has absolutely nothing to do with voter fraud. It eliminates a lot of poor and elderly Democrats from voting. Those electronic voting machines are the real culprits for voter fraud. But this favors the Republicans and nothing is being done about the fact that this method of voting favors fraud by the Republicans. Our Supreme Court is a farce. Its makeup favors the Republican agenda. Unfortunately there is no higher court we the people
can go to for justice.