The United States is a nation that was founded on democracy and liberal egalitarianism; Americans value the idea that all voices are heard equally, without discrimination based on class, race, gender or any other factor. Why is it then – if we truly are a nation founded on equality and democracy – that our state laws result in a significant portion of age-eligible citizens not voting? Almost half—46 percent—of nonvoters have family incomes less than $30,000 per year, while only 19 percent of likely voters are from low-income families. In addition, 43 percent of non-voters are ethnic minorities – Hispanic, African American, or other various races.
The harsh voter ID laws implemented by a multitude of states across the country provide an explanation for this disparity in voting. Nationally, 32 states have implemented voter ID laws, which require voters to show a government-issued form of identification at the polling site where they will be casting their ballots. The specific identification regulations vary from state to state, allowing states the ability to control the degree to which they will require approved identification.
Proponents of voter identification laws claim that such regulations will reduce voting fraud and may increase the people’s confidence in the republic. However, it’s more likely that voter ID laws are a solution that are looking for a problem. Citizens’ identities can be, and are, easily verified at a polling site through signature, affidavit or biological information, which is cross-checked against a government database. This can all be done without a government-issued ID. Indeed, the only malady remedied by these voter ID laws – voter fraud – is one that barely exists; in all American elections between 2000 and 2014, of the 1 billion votes cast, there were a mere 31 cases of possible impersonation fraud.
Another issue lies in the accessibility of the forms of identification – over 21 million Americans don’t have a form of photo ID. These laws impose an unfair disadvantage on minorities of a socioeconomic status who may not have the means or funds to secure an “acceptable” form of government ID. The practice of mandating that citizens obtain ID, which may be prohibitively expensive, in order to exercise their right to vote has been equated to the implementation of a polling tax. A practice such as a polling tax has been highly contested and condemned; why is there not the same degree of outrage for voter ID laws? This is likely because many middle-class Americans do not recognize the structural barriers to voting many minorities or low-income Americans face, or that there is such a disparity in voter turnout between citizens of a lower socioeconomic status and themselves.
In 2013, a disturbing decision was handed down from the Supreme Court in its ruling on Shelby County, Alabama, Petitioner v. Eric H. Holder, Jr., Attorney General, et al. This ruling struck down a key component of the 1964 Voting Rights Act by asserting that it violated state sovereignty. The outcome of the ruling now allows states with histories of voting discrimination to change their election laws without advance federal approval.
The 5-4 decision struck down Section 4 of the VRA, holding that the burdens it imposed on states are not responsive to the present circumstances. Reasoning that the formula was over 40 years old and had no relation to present-day, the Court ruled in favor of Shelby County, Alabama. The Court declared that Congress cannot mandate a state to obtain “preclearance” based on past transgressions. It reasoned that while non-discriminatory practices were vital, the 15th Amendment was not intended to punish states for their past actions, but rather create a more equitable and robust future. In practice, this new ruling opened the door to states with a history of voter suppression to implement unchecked changes in their voting procedures. The very day the decision of Shelby County was handed down, Texas announced it would implement strict Voter-ID laws, which had been impeded by Section 5 in 2012 because of the impact it had on minority voters.
Voting in the United States is not at all a privilege; it is a fundamental right, which is protected by the Constitution. In order to uphold this right, voter ID laws, which are facially neutral but discriminatory in practice, must be eliminated. We must strive to minimize the disparity in order to ensure that all Americans are able to express their voices equally and participate politically.