Here's How to Discourage New Voter Registration
by
J. Randolph Evans
Georgia Online News Service
Georgia needed a photo identification requirement for in-person voting in order to assure the integrity of elections. Georgia does not need a proof of citizenship requirement for new voters registering to vote.
Current proposals in the Georgia legislature go too far in burdening new voters registering to vote. The fact is that the justifications for a photo identification requirement for in-person voting simply do not exist in connection with a proof of citizenship voter registration requirement.
Following the 2000 Presidential election, Americans were legitimately concerned about the integrity of the election process. While much of the media focused on hanging chads, the real issue was voter fraud including in-person voting fraud.
Georgia was especially vulnerable to the risks of in-person voter fraud.
Georgia uses electronic voting. Once a ballot is cast, there is no opportunity to isolate and cancel a ballot cast, even if it is later determined that the vote was fraudulent. As a result, the only real opportunity to address in-person voting fraud in Georgia occurs before the vote is cast. Basically, election officials have from the moment the voter arrives until the voter casts the ballot to detect and prevent in-person voter fraud.
The bi-partisan Commission on Federal Election Reform recommended, among other things, a photo ID requirement as a solution to in-person voter fraud. By requiring a photo ID, election officials can determine immediately whether a voter is who they say they are. In a state where at least one report documented over 5,000 votes by dead people, increased detection and prevention of in-person voter fraud was necessary and appropriate.
Surprisingly, there were interest groups intent on voiding Georgia 's photo ID requirement. This effort continues even after the U.S. Supreme Court left no doubt as to the constitutionality of photo ID statutes, and specifically, the U.S. Eleventh Circuit Court of Appeals has made clear that Georgia's photo ID requirement is Constitutional.
Unfortunately, sometimes politicians try to take a good thing too far.
Undoubtedly, part of this problem stems from the fact that one of the original election integrity statutes originated in Arizona and contained both a photo ID requirement and a proof of citizenship provision for voter registration. Indeed, the current proposal for a proof of citizenship requirement for voter registration in Georgia was directly patterned after the Arizona statute. Yet, the reasons supporting a photo ID requirement when voting in-person do not exist for voter registration.
Notably, there is ample time and ability to detect non-citizen voter registration applicants which does not exist for in-person voting. For example, in 2008, the last day to register to vote was Oct. 6, 2008.
Election Day was Nov. 4, 2008. The state of Georgia had almost a full month to determine whether anyone who registered to vote was not a U. S. citizen. Indeed, this is a determination that employers in Georgia must make every day under penalty of a felony. Numerous resources are immediately available to enable the state of Georgia to detect and identify non-citizens who attempt to register to vote.
In addition, the costs associated with detecting non-citizen applicants is minimal. Already, voter registration application must be processed.
Moreover, as evidenced by numerous challenges in 2008, the state routinely checks (typically through cross-tabulation) for voters who might be voting illegally, including those who are not U.S. citizens.
While the costs to the state are minimal, the burden on new voters is significant. Each new Georgia resident would have to present proof of citizenship when registering to vote. No one seriously disputes the impact of the burden on new voters. As opposed to encouraging voter participation, such a requirement would undoubtedly provide one more excuse for not registering to vote.
Worse yet, such legislation would undoubtedly trigger significant litigation. Certainly, numerous court rulings suggest that such a statute would be constitutional. Yet, as the current ongoing litigation proves, constitutionality is no protection against continuous legal challenges resulting in substantial legal fees for the state (at a time when the state can least afford them).
Even then, if the proof of citizenship requirement actually improved the integrity of elections beyond that which is already in place, it would be worth it. But it does not. Reliance on voter registration applicants to supply proof of citizenship would be less effective than the existing resources for verifying citizenship. After all, a non-citizen intent on fraudulently registering to vote would simply
bring fraudulent paperwork. On the other hand, a cross tabulation
computer model would more likely detect a fraudulent non-citizen voter applicant.
There are many ways legislators can improve the integrity of Georgia elections. A proof of citizenship requirement for voter registration is not one of them.
J. Randolph Evans is a long-time Republican strategist and the chair of the Financial Institutions practice at McKenna Long & Aldridge LLP. [full bio]
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