Voter fraud

From Wiscopedia

THE MYTH OF VOTER FRAUD Evidence regarding the real impact of voter fraud in Wisconsin and across the nation

In major election years extravagant stories of election abuses often arise. Critics may claim that so called voter fraud is widespread, malign and substantial. Stories are told of illegal immigrants voting en masse, homeless individuals bussed from district to district and mail in ballots used to circumvent voting rolls.  Even supporters of Assembly bill 158 in the Wisconsin legislature used the threat of voter fraud to lobby for an attempted ban on registration at the polls.    Were these claims true, we would have a large problem on our hands.  Drastic action would be needed to ensure that representatives were selected by free and fair elections.  States and the federal government could weigh these possible consequences against the constitutional right to vote when crafting voter registration laws.  

But what evidence exists to support these claims? How much widespread voter fraud exists?  How much would stringent new requirements on voter registration and identification suppress voter turnout?  These are critical questions for any policymaker. The public has a declared interest in free and fair elections. They also have a right to equal protection under the law and free access to the polls.

Verified Examples of Election Crimes:

• Columbia University's omnibus study of election crimes showed that only 24 individuals were prosecuted for illegal voting between 2003 and 2005. During that same period of time, approximately 122,267,553 individuals voted in the presidential election alone.
• The Journal Sentinel performed an investigation of suspected "voter fraud" in Wisconsin in 2008 and found no credible cases.  
• The Election Assistance Commission, a non-partisan federal agency created by Help America Vote Act (HAVA), declared in 2005 that most studies alleging widespread voter fraud were incomplete or riddled with bias.     

• Supreme Court Justice John Paul Stevens, even in his ruling affirming Indiana's strict voter ID law, admitted that the record contains no evidence that the fraud [the bill in question] addresses.
• The Commission on Federal Election Reform, a blue ribbon commission formed after the 2004 election cited 52 convictions for election crimes from 2002 to 2005. The commission also asserted approximately 1,000 cases in the same period of attempted voter registration by non-citizens, although most appeared to be uncoordinated and unpremeditated.

Impact of Voter ID Requirements on Voter Turnout:

• Voter ID laws disproportionately impact low income voters. The Election Assistance Commission along with Rutgers University found that voter ID laws suppress voter turnout among low income voters.
• The option of same day registration significantly improves overall voter turnout, according to a study from the Ohio State University.
• The Voting Rights Act of 1964 specifically forbids voter disenfranchisement on the basis of race but not political orientation. Election crime policies under the Gonzales Department of Justice have blocked access to the polls to traditionally Democratic voters.
• This disenfranchisement may have reduced turnout in the 2004 elections by as much as 4%. That is approximately four million votes who were kept away from the polls by restrictions on identification and registration.

If widespread election crimes occur, then the government can and should balance the possible impact of the violation of 14th and 24th amendment rights and the disenfranchisement of millions of voters against the public interest served by reducing voter fraud. Balancing decisions occur every day. The government balances valid public interest in protecting children from violent images with the private right of free expression and the impact of restrictions on content. This same process can be applied to election laws.

Unsurprisingly, the emphasis on voter fraud has broken down along party lines. Some states, such as Wisconsin, have developed strong voting rights laws from progressive traditions. In states such as Texas, proposals and rules regarding gerrymandering have varied based on which party controlled the statehouse. It is important to reiterate that while it may seem unseemly to craft voter registration laws or apportion districts with an eye for political gain, it is usually not illegal.

Partisan Involvement in Voting Rights Issues:

• The New York Times reported that after five years of study on the Department of Justice's efforts to reduce vote fraud that a large number of the policy actions came about over the objections of career lawyers and employees. The controversial firing of U.S. Attorneys in 2006 was alleged to be motivated by displeasure from top officials that investigations into election crimes failed to produce substantial numbers of convictions.
• Federal District Judge Terence T. Evans, in his dissent from the bench over Indiana's strict voter ID law said: Let's not beat around the bush...The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage election-day turnout by certain folks believed to skew Democratic.
• The Journal Sentinel reported that the likely cause for Republican support of voter ID laws in Wisconsin was largely partisan, noting that most of Milwaukee's election problems in the last presidential election were about record keeping and administration, not election crimes.
• From the Columbia University report: republican party officials and incumbents support restrictive interpretations of the rules governing voter qualifications when they anticipate that tightening access to the vote will hurt their rivals. They insist that the votes of legitimate, qualified voters are threatened by the votes of ineligible voters, justifying their support for restrictive identification requirements.

Given the possible consequences of restricting the franchise to voters who can produce a driver's license, register in advance or visit the polls during working hours (not to mention that they must avoid challenges by not looking foreign or having a foreign sounding name), the reality of alleged voter fraud must be closely examined. Beyond a simple weighing of these claims must lie a deep understanding of the rights afforded to us by the constitution along with a knowledge of the history of disenfranchisement in this country. 60 years ago it was the Democratic party who raised the specter of voter fraud in order to prevent black voters from exercising the franchise in the South. Today, is the same myth being perpetrated in order to suppress turnout for all at-risk voters?

Sources:

Lipton, Eric and Urbina, Ian. (2007-04-17) In 5-Year Effort, Scant Evidence of Voter Fraud. New York Times

Toobin, Jeffrey (2008-01-14) Fraud Alert. The New Yorker

Minnite, Lorraine C. (2005) The Politics of Voter Fraud. Project Votesmart. Columbia University

Commission on Federal Election Reform. (2005) Building Confidence in U.S. Elections: Report on the Commission on Federal Election Reform. American University

Election Assistance Commission. (2006) The Impact of the National Voter Registration Act on Federal Elections.

Stevens, John Paul (2008) CRAWFORD ET AL. v. MARION COUNTY ELECTION BOARD ET AL. 07-21