In the 2008 session, about 19 states introduced EDR legislation. Bills are pending in four states: Massachusetts, New Jersey, New York, and Ohio. None of these bills have moved since this summer.
At least two states, Texas and Montana, which currently practices EDR, have pre-filed several bills relating to EDR for the 2009 session.
Voter ID
While some states were facilitating voter registration and voting this year, Indiana - home of the country's strictest voter ID law - reportedly turned some of its young voters away without casting a regular ballot, and even encouraged poll workers in other states to mandate voter ID when no such law existed in the first place.
Despite being properly registered and equipped with out-of-state and student ID, the young voters were only allowed to vote provisionally on Nov. 4, leaving some discouraged and others in tears, according to a letter to the Indianapolis Star by Leon Riley, an election official at Butler University's Hinkle Fieldhouse precinct.
"The Indiana voter ID law amounted to disenfranchisement for a number of young, well-informed voters, as well as some voters who have various limitations of resources, transportation and problem-solving ingenuity. Is this what we want for some of our brightest and best, or for some who need help along the way? In fairness, this unnecessary barrier must be abolished," wrote Riley.
The day before the election, an emergency motion was filed to stop enforcement of the voter ID law based on constitutional violations. The 7th Circuit Court of Appeals in Chicago denied the motion a week later without citing any reasons why, according to the Indiana Lawyer.
With the controversy over the U.S. Supreme Court's upholding of Indiana's voter ID law, and a flurry of voter registration fraud allegations in the weeks before the election, poll workers in some states appeared confused over their own states' laws. Voters in Mecklenburg County, Virgina, for example, complained that poll workers illegally asked them to provide proof of identification, including photo ID, according to the Smith Hill Enterprise. There were also reports of misleading signs outside of polling places that indicated photo ID was required.
The misinformation amounted to a misinterpretation of the Help America Vote Act, which required voters who registered by mail after 2003 to provide proof of ID.
"The voter being asked to present a photo ID is not the preferred language to use," said Jessica Lane of the State Board of Elections. The preferred language, she said, is to ask for "a form of ID."
Whatever the intention, voters were set back after waiting hours in long lines, leaving to get their IDs, or possibly, not return at all, according to the Enterprise.
"I am registered with neither party. I am a devout independent with libertarian leanings, but I believe in the constitution and the fact that everyone needs to get out and vote," wrote one concerned voter. "Was anyone denied the right to vote? If they did not have a photo ID and saw the sign, did they say 'Oops. I guess I can't vote' and leave?".
For voter ID advocates, preventing the extremely rare crime of individual voter fraud is worth the risk of compromising a voter's right to cast a ballot. However, preventing many eligible voters from casting a ballot just to prevent a rare crime hardly seems on par with democracy. A four year investigation by the federal government found only 24 instances of voter fraud out of more than 214 million votes cast. Several studies have found that a number of already under-represented Americans - primarily young, elderly, minority and poor - would have a difficult time meeting the requirements. These studies include a Brennan Center survey that found 21 million Americans were without the required identification; a University of Washington study that found about a quarter of Indiana's young, African-American and low income voting-age populations lack the necessary ID; and a University of Georgia study found the state's Latino and Black voters were twice as likely not to posses required ID compared to White voters.
Yet despite the lack of evidence of voter fraud, and a well known, recent history of young and elderly voters missing out on the democratic process in Indiana (including Indiana nuns and Notre Dame University students who were turned away in the 2008 primaries) lawmakers in states like Oklahoma and Texas are hoping to make voter ID a reality in 2009.
While acknowledging that Oklahoma Speaker of the House Chris Benge "and the others pushing for a voter ID system have a certain level of common sense on their side (one idea is to offer free ID with their plan), Wayne Greene of the Tulsa World dismisses the argument that if people are required to show photo ID to cash a check, they should be required to show ID when they vote. Greene points out that there is plenty of evidence of people attempting to cash fraudulent checks, but no evidence of people attempting to cast fraudulent votes in Oklahoma.
"Benge told me he didn't have any examples of fraudulent voting to justify what sounds like a pretty expensive free ID system," Greene says. The state, which introduced and failed seven voter ID bills this year, will convene for the 2009-2010 session next February.
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