10/20/14: On Saturday, October 18, the Supreme Court told the state of Texas that it may enforce its strict voter ID law for this year’s general election. Under the law, a voter who does not present a voter registration certificate when checking in at the polling place, along with first-time voters who do not give an identification number or ID when registering to vote, must show one of only seven forms of ID. College ID cards, for example, are not acceptable.
(See the Texas Secretary of State website.)
"The judge found that roughly 600,000 voters, many of them black or Latino, could be turned away at the polls because they lack acceptable identification," according to the AP.
The Supreme Court action wasn’t a ruling on the legality of the Texas law, but part of an emergency request by the Obama Administration and civil rights groups. The law was struck down by a Federal judge, but a Federal Appeals Court had put that ruling on hold because it was too close to the election to change the voting rules.
According to SCOTUSblog:
"the Justice Department has indicated that the case is likely to return to the Supreme Court after the Appeals Court rules. Neither the Fifth Circuit Court's action so far nor the Supreme Court's Saturday order dealt with the issue of the law's constitutionality. The ultimate validity of the law, described by Saturday's dissenters as 'the strictest regime in the country,' probably depends upon Supreme Court review."
Here are related bills in Congress about voter ID laws and voting rights in general:
- HR 3321: Voter ID Accessibility Act – Under the National Voter Registration Act of 1993, state and federal offices that provide public assistance are required to offer individuals the opportunity to register to vote and to provide assistance in completing voter registration applications. This bill would "build on this critical legislation to require, in any state with a photo ID mandate for voting, that these offices notify individuals of the mandate and offer them the opportunity to obtain suitable identification free of charge," according to the bill sponsor.
- HR 12: Voter Empowerment Act – (And S 123 in the Senate.) To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office. According to the bill sponsor, "The right to vote is precious, almost sacred. Too many people in this country had to give their lives to exercise a right already guaranteed them by the Constitution. Outlawing the poll tax 49 years ago does not mean we are finished protecting democratic freedom. New challenges to equal access still arise today. To be a credible voice for equal justice abroad, we must be watchful here at home to alleviate every historic and current impediment to the democratic process."
- S 85: FAST Voting Act – Authorizes a federal program that would award grants based on how well applicant states are able to improve access to the polls in at least nine specified ways, including: providing flexible registration opportunities, including same-day registration; Providing early voting, at a minimum of 9 of the 10 calendar days preceding an election; providing absentee voting, including no-excuse absentee voting; providing assistance to voters who do not speak English as a primary language; providing assistance to voters with disabilities, including visual impairment; and providing effective access to voting for members of the armed services, according to the bill sponsors.
- S 2865: Voter Registration Modernization Act – To provide for voter registration through the Internet. According to the bill sponsor, "voting is one of our most sacred rights as Americans. Instead of adding new burdens, we should make voting easy for millions of people. Bringing our nation’s antiquated voter registration system into the 21st century is common sense… We must ensure that all states have secure online voter registration in order to make every voice heard at the ballot box."
- S 1336: Permitting States to require proof of citizenship for voter registration in Federal elections
According to the bill sponsor, "The right to vote is a fundamental building block of our nation’s democratic process and it is crucial that we have the measures in place to uphold the integrity of our elections. This bill ensures that states can enforce the commonsense requirement that those registered to vote must actually be US citizens."
- HR 2115: Voter Registration Efficiency Act – "Would require individuals applying for a license in a new state to indicate if they intend to register to vote in the new state, and informs the election official in the previous state of the change," according to the Committee on House Administration.
- HR 1280: Voter Fraud Prevention Act – "Stiffens the penalties for individuals convicted of voter fraud or tampering with official election materials, such as voter registration cards and absentee ballots. The bill increases the jail sentence from 5 years to 10 years, and anyone convicted of either of these offenses would permanently lose their right to vote in federal elections," according to the bill sponsor.
- S 532: Same Day Registration Act – "Would require states to allow people to register to vote for a federal election on the same day that they cast their ballots," according to the bill sponsor.
- S 2235: Democracy Restoration Act = Would secure the Federal voting rights of persons when released from incarceration. According to the bill sponsor, "The Democracy Restoration Act would restore voting rights in federal elections to approximately 5.8 million citizens who have been released from prison and are back living in their communities…The legislation would restore voting rights to prisoners after their release from incarceration. It requires that prisons receiving federal funds notify people about their right to vote in federal elections when they are leaving prison, sentenced to probation, or convicted of a misdemeanor."
