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David Callahan

David Callahan

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Ohio's Voter ID Law and the 2012 Election

Posted: 03/25/11 11:00 AM ET

Was the 2012 presidential election just decided by the Republican-controlled legislature in Ohio? It is possible. Two days ago, the state's House of Representatives passed one of the most restrictive voter ID laws in the country. If the bill is enacted into law, it will make it harder for President Obama to win in Ohio next year.

Ohio, as we all know, has become the mother of all swing states. It was ground zero of the titanic fight between Bush and Kerry in 2004, and the outcome there narrowly secured Bush a second term. Ohio was also hotly contested in 2000.

Obama fought hard to win the state in 2008, and did so with a five point margin. But a new poll out earlier this week now shows Ohioans exactly divided on whether Obama should be re-elected. With unemployment in Ohio still likely to be above 8 percent next year, Ohio is going to be a tough fight for Democrats and the state will again be the scene of massive turnout efforts by both parties.

If Ohio is decided by a close margin, the new voter ID law could give a Republican contender enough of an edge to win there. And, if the state's 20 electoral votes are decisive, the outcome in Ohio could determine the election.

The math here is pretty simple. According to state Democrats, an estimated 890,000 Ohioans do not have a government-issued photo ID. A disproportionate number of these people are African-Americans, Latinos, seniors, and students -- groups that tend to vote Democratic. In fact, nationwide about 25 percent of African Americans do not have a photo ID and nor do a fifth of voters between 18 and 22.

A 2007 study on voter ID requirements by three political scientists -- Matt Barreto, Stephen Nuño, and Gabriel Sanchez -- found that voting laws which require specific or multiple forms of identification are likely to "disenfranchise many Latino, Asian and African American citizens."

The study also found that voter ID laws have clear partisan effects:

We find compelling evidence that those less likely to have access to multiple forms of identification are disproportionately Democrat. . . . voters with more access to identification are more likely to vote Republican.

The Ohio Republicans who engineered the voting ID legislation say there should be no worries because the new law allows voters to get a free photo ID at the Bureau of Motor Vehicles. But come on: the obstacles to registering and voting are already bad enough in most states and Ohio is worse than most. Ohioans must register 30 days before election day, even though polls have long shown that many voters don't get really engaged in election contests until a few weeks or even days before election day.

Ohio is also famous for its long lines at polling places and various other problems with its election practices. Things were so bad there that in 2005 top state officials were sued by reform groups and citizens for failing to protect the fundamental voting rights of Ohioans. That suit resulted in a historic 2009 agreement to fix how elections are conducted in the state.

Maybe I'm missing something here, but asking some of the state's poorest residents -- many of whom don't have ID because they don't have cars -- to schlep to the BMV to get a photo ID card is not exactly consistent with the spirit of that agreement. (Nor is it consistent with efforts to control state spending, since giving out those free IDs could cost nearly $20 million over three years, as Tova Wang, a Senior Democracy Fellow at Demos, pointed out in testimony to the legislature there earlier this week -- just one of the implementation costs associated with the law.) The net effect could be to throw up the highest barriers to voting in Ohio yet.

Which seems to be exactly the point of Republican legislators who rushed the voter ID bill through the Ohio House.

Now, if there was any credible evidence of voting fraud in Ohio, there might be reasons to think this is something other than a partisan power play. But no such evidence exists. As the Brennan Center for Justice notes about Ohio, in a policy brief about voter identification: "a statewide survey found four instances of ineligible persons voting or attempting to vote in 2002 and 20042 out of 9,078,728 votes cast - a rate of 0.00004%."

Not surprisingly, fraud is not a pressing concern of local election officials. For instance, as the Cleveland Plain Dealer reported "Cuyahoga County Board of Elections head Jane Platten, a Democrat, said she has never seen a case of voter impersonation in the seven years she has been with the local elections board." During that period, millions of voter were cast by the nearly 1 million registered voters in the county. Former Democratic Secretary of State Jennifer Brunner told the paper that during her four years in office she also never saw a single case of voter impersonation in Ohio. And a top election official who served an earlier secretary of state said the same thing.

Last year, Demos Senior Fellow Lori Minnite published a groundbreaking book with the blunt title The Myth of Voter Fraud. Minnite's research in multiple states confirmed the observations of veteran election officials in Ohio: voter fraud is not a significant problem in U.S. elections.

What is a threat to our electoral system are deliberate efforts to disenfranchise voters for partisan gain. And make no mistake: That is what is happening in Ohio.

 
 
 

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02:59 PM on 03/30/2011
I see there are folks her who are seriously thinking about this issue. Many individuals have a car, a job, and don't think twice about spending $20 on something they want. At the same time many individuals are not in that situation. An Ohio ID costs $8.50, yet it requires two forms of underlying documentation in order to get the ID, for example, a birth certificate, passport or concealed carry permit PLUS a credit card, car title, or health insurance card (these examples are not exclusive, for complete list see http://bit.ly/ibcKRU). A birth certificate costs $25, a passport $55 and, especially if you're young and poor, it's unlikely you have a credit card, car title or health insurance. It can be difficult and costly to obtain an Ohio ID.

You may note that the state will waive the cost of ID. True, but that doesn't cover the cost of, say, a certified birth certificate copy, time off from work, or transportation to get to the BMV. Many older folks gave up their drivers license when they stopped driving -- my father, who died at 96 last year literally didn't have a birth certificate, and for those living only on Social Security, again, the cost is prohibitive. This bill, H.B. 159, puts a great burden on a lot qualified electors.
11:12 AM on 03/30/2011
See OSU Moritz Law School commentary. http://bit.ly/fNDGhU
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HUFFPOST SUPER USER
citygirl1832
Life is supposed to be good
12:45 PM on 03/29/2011
I wonder if the people of Iraq, having won the right to vote in a democratic election, with the lives of American soldiers, have to show a government issued picture id before they are allowed to cast their vote.
11:06 AM on 03/26/2011
So the Republicans want folks on minimum wage to schlep to the DMV (taking a day off and losing their pay) just so that their presence at the voting booth is legal.

If it was legal last time - it should be legal this time.

This is called Republicans trying to skew the votes.
11:23 PM on 03/28/2011
its called voter suppression!
HUFFPOST PUNDIT
hrpmap
Retired man still active..
12:23 AM on 03/26/2011
This is the most ridiculous thing I have ever heard. The contention that proving you are who you say you are in order to prevent voter fraud is some how wrong is ludricous, it is exactly what should be done. Voter photo ID is long overdue. The first thing that comes to mind is that only those who are involved in cheating the system would object.
HUFFPOST SUPER USER
Ohsnap
07:22 PM on 03/28/2011
Because one objects does not mean one supports cheating. The objection is that to prevent .0004 percent of the votes that are fraudulent, Ohio has decided to make it harder for a much larger percentage of Ohio residents to vote.
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HUFFPOST SUPER USER
JWW33
If we cannot dig ourselves out, we must go deeper
03:33 PM on 03/25/2011
How are these bills even legal? These are poll taxes, they've been struck down in court time and time again.
03:03 PM on 03/25/2011
They got 18 months to get an ID. Send some of those buses that brought protesters to Wisc over there to help them.
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HUFFPOST SUPER USER
saveourplanet
War, what is it good for?Absolutely nothin.
11:00 PM on 03/28/2011
Hey that's a great idea!
You could email OFA and tell them your idea.
02:51 PM on 03/25/2011
I have some questions.

1. How would you know if there has been no instance of voter impersonation if one does not check who the voter is.

2. The study states that those without access to multiple forms of ID are disproportionately democrat. Doesn't the law state a voter only needs one? (a valid state ID) Why does a voter need multiple forms?

3. What do long lines at the voting stations have to do with the requirement for a picture ID to vote?

4. A state ID in Ohio is good for 4 years, why is it unreasonable to ask a voter to take 2 hours out of one day every 4 years to get a state ID. Please note: the BMV has reasonable hours of operation.
see the link for the various location hours. http://bmv.ohio.gov/county_lst.stm

5. The total cost for a State ID is 8.50$ per every 4 years (2.125$ per year http://bmv.ohio.gov/fees_for_services.stm) which is probably as much as a road trip bus ride to a polling place. Why should these be free in the first instance.

6. If your theory is correct regarding the Republican party's desire to produce legislation to provide an electoral advantage at the polls, does that not mean that the Democratic party is doing the same thing?

7. If those disenfranchised voters happen to vote in aggregate Republican, would you be still advocating for this?
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LangstonA
Attempting to stand in the gap
11:15 PM on 03/25/2011
"3. What do long lines at the voting stations have to do with the requiremen­t for a picture ID to vote?"
Because of the extra time it will take for the polling workers to check the ID.
12:27 AM on 03/26/2011
Do you mean the extra 2 seconds?
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HUFFPOST SUPER USER
Django48
To live outside the law you must be honest.
02:17 PM on 03/25/2011
If there is any legal basis whatsoever, the Department of Justice should immediately sue to enjoin enforcement of the Ohio law.

Republicans know they can't win a fair fight. So they're always trying to rewrite the rules.
07:10 PM on 03/25/2011
It's classic voter suppression, in the desperate attempt to retain power.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
12:27 AM on 03/26/2011
How is it a fair fight when the voter can't be confirmed as eligable to vote. Sounds to me like the opponents of this law are afraid of a fair contest.
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01:59 PM on 03/25/2011
What about the people who don't have an address because they are homeless and living on the street, in tent cities, or in shelters? How are they going to request birth certificates? What about people in witness protection programs? Shut-ins and the elderly who live in assisted-living or nursing homes? I don't understand how those people will not be disenfranchised.
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Dee-Dee
A retired teacher and administrator, now doing bus
03:43 PM on 03/25/2011
The elderly vote all the time, mostly absentee, but a lot of them insist on crawling to the polls themselves to vote in person. Politicians beat down the doors going to nursing homes, getting the elderly to vote, even helping them fill out their absentee ballots. They first go to the nursing home to make sure they sign up for absentee ballots. Then they go back when the ballots are sent out and help them fill the ballots out.

Those living on the streets with out ID are left out in the cold, but that's a small percentage of people. However those in the shelters can be helped. People in shelters can use the address of the shelter, or of a relative, anyplace they can go and pick up the card when it comes in the mail. One of the services shelters perform is to get people ID so they can get benefits, they help them get copies of their birth certificate and school records. You have to have 2 pieces of ID to get an ID card.

So in Michigan we went to the shelters, the week before voter registration closed (which is 30 days before the election), took people to get registered, and then went back to the shelters and picked them up and took them to early voting. Where there is a will there is a way, so not to worry.
02:08 PM on 03/28/2011
The argument about homeless people voting is probably a moot point. How often on voting day to you see the homeless standing outside a polling place waiting to vote? That argument is being presented just to be... well, argumentative.
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Daphydd
Lets play some music
01:51 PM on 03/25/2011
Republicans don't really believe in Democracy, and seek to undermine it wherever and however they can.
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Dee-Dee
A retired teacher and administrator, now doing bus
01:36 PM on 03/25/2011
Really, I agree. I don't want someone to be able to come to the polls with a bill and be able to vote. I believe people should have and show ID. We do it in Michigan. We've had all the above restrictions for years and it's not problem.

Not to worry Ohioans, we registered 98% of age eligible Detroiters in 2008 with those same restrictio­ns. And we didn't use Acorn.

You have to start early, keep pressing the need to vote and start registerin­g voters now. Get churches, and organizati­ons to hold registrati­on drives each weekend. Just remember where there is a will there is a way!
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02:00 PM on 03/25/2011
What if you don't have an address? Can you still get a state ID card in Michigan without an address? What if you're living on the street?
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Dee-Dee
A retired teacher and administrator, now doing bus
02:44 PM on 03/25/2011
No, if you have no address you can't get an ID card, but people in shelters can use the address of the shelter, or of a relative, anyplace they can go and pick up the card when it comes in the mail. One of the services shelters perform is to get people ID so they can get benefits, they help them get copies of their birth certificate and school records. You have to have 2 pieces of ID to get an ID card.

So yes we went to the shelters, the week before voter registration closed (which is 30 days before the election), took people to get registered, and then went back to the shelters and picked them up and took them to early voting. As I said before where there is a will there is a way, so not to worry Ohioans.

I registered 60 people in 2008 and everyone I know registered at least 2 people. I went door to door and left people addresses and places they could go to get registered. Most people in my neighborhood were registered except those just turning 18, but everyone knows as least 2 people who are not registered, just work on them. Take them to the Secretary of State.

See republicans don't know how to do that kind of grass roots organizing, and they think being a community organizer is funny. That's why they lost in 2008 and will loose in 2012.
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Dee-Dee
A retired teacher and administrator, now doing bus
03:08 PM on 03/25/2011
Also, when people go to sign up for benefits, they register them to vote, so most people who get benefits also have a voter ID card.
02:10 PM on 03/25/2011
Hey Dee-Dee another Michigander here, judging some of the new crop of GOP politicians and the dirty tricks they try i'm all for voter id aswell for example if you hadn't read this one yet check this link for another Huffpost article. F & F by the way
http://www.huffingtonpost.com/2011/03/24/carlos-lam-scott-walker-fake-attack_n_840383.html
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Dee-Dee
A retired teacher and administrator, now doing bus
03:09 PM on 03/25/2011
Nice to meet you thanks.
01:15 PM on 03/25/2011
I don't understand why everyone is upset if a law is passed to vote? We need ID to buy medicine, drive, register our cars, get cable and pretty much every. But when it comes to asking someone to have ID to vote you guys scream bloody murder.
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HUFFPOST SUPER USER
Artanis71
Colbert Super PAC unleashed in 2012
01:54 PM on 03/25/2011
If you don't understand read it again, if you still don't understand ask an adult to explain it to you, its pretty simple.
01:12 PM on 03/25/2011
This is simply B S. I've heard this "story" for years. I think the system in place in most states where you can bring a copy of a power bill and swear that you are that person is ludicrous. I worked as a poll watcher in my voting district last year and the reg poll workers there told me that they have never questioned anyone's I.D. even when they knew that a "dead" person was voting. In my opinion this is just an excuse. I'm a black woman and I had no problem with having to provide a valid photo I.D. If they are poor don't they have to have a valid I.D. to cash checks or receive government benefits?
11:51 PM on 03/25/2011
Sometimes I can see merit in both sides of the argument to be fair. I had a new friend I took to register. She proudly had all of her "PAPERS", but the lady at the desk said, "Oh, that won't be necessary, here is your registration"... she insisted, but the lady just said... we don't check papers here, what do you think, we're the Gestapo? My friend just became a citizen a month before. Voting is a right, privilege, many feel a duty, but it is not an entitlement for anyone, from anywhere, just because they happen to be in America. She did the same thing with everyone in line. While some may think this is wonderful, is it REALLY? Aren't we at least supposed to know a little about the COUNTRY, and the candidates? Some people did not speak a word of English, and found it difficult to write their name. That's OK with me, I do not look down at people, and can clearly remember when my family came to America sixty years ago, and didn't speak a word either, but we had to wait five years to become citizens and pass some simple tests, in ENGLISH, about American History. And aren't we supposed to be CITIZENS to VOTE? I do not know the Constitution chapter and verse, so can someone please explain this to me.... And why is it so WRONG to ask for proof of citizenship? Isn't it a primary requirement?
HUFFPOST SUPER USER
stcrispy
11:16 AM on 03/28/2011
It depends on what you require of people to get to a point where they can prove their citizenship. Someone raised the point about losing a day's pay to go to the DMV. In Florida, the secretary of state used a technique called vote caging. Months before the election took place, thousands of voters in mostly black precincts had their registration challenged. You were forced to come in to the SOS office to confirm your ID or that you were not a felon. Since a lot of people have the same names - Leroy M. Johnson the felon, vs LMJ the janitor, enough people were cut out of the vote to make a difference. 537 if I remember the number correctly.

And by the way, voting is a right in the most fundamental terms. Not an "entitlement" or "privilege" but as fundamental as speech, life, assembly, religion.
01:11 PM on 03/25/2011
How do they buy their smokes and booze if they don't have ID?
maumeeone
...Not that there's anything wrong with that!
02:25 PM on 03/25/2011
Perhaps they don't smoke or drink...In any case, those are not fundamental rights. Honestly, it's like talking to a wall. THERE. IS. NO. VOTER. FRAUD. IN. THIS. COUNTRY. It is a manufactured "crisis", which doesn't exist, in order to disenfranchise certain people..