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REAL ID to Disenfranchise Voters

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The Commission on Federal Election Reform released its report on Building Confidence in U.S. Elections [7.6 MB Acrobat PDF, or Plain HTML]. The Comission, headed by former president Carter and former secretary of state James Baker, outlines many recommendations that will be incorporated into upcoming legislation. Interestingly, the report bluntly states differing voting reform goals for the two major parties: Democrats want to increase accessibility and Republicans would forfeit that in order to secure elections.1 The perpetual debate pitting security against freedom continues here, in what Rep. John Conyers, Jr. (D, IL) calls a 21st Century poll tax. His phrasing is alarming, though not alarmist, because intention is irrelevant when the effect is so chillingly massive.

The report requires more stringent photo ID for voting purposes: a modified "REAL ID"2 or EAC-template ID. The controversial REAL ID Act was passed as a rider on a military appropriations bill in May, and as planned, the groundwork laid down is ready to be leveraged to advance the rest of the agenda. The main problem with these requirements, as the report concedes, will primarily impact the poor and elderly.3 The report puts forth a remedy in allowing states to offer free voter ID cards based on the EAC-template. However, this does not change the situation for voters who do not drive or have mobility issues, and will not be able to obtain either form of required identification.

In addition, Spencer Overton, who served on the Commission, dissents on the REAL ID requirement due to the additional difficulties in obtaining it. He provides some interesting statistics from the 2001 Carter-Ford Commission that showed 11 to 19 million possible voters did not have state-issued photo ID. Requiring REAL ID would not only instantly disenfranchise them, but additional voters who already have such IDs but not conforming to REAL ID standards.

The League of Women Voters is "disappointed" in the report, while the ACLU"questions" it. The real fight will take place when the report is processed into legislation, so awareness is key right now. When voting becomes more difficult, democracy dies.


1 Section 1.1 explains the existing framework provided by the Help America Vote Act of 2002 (HAVA) and its formulation. "HAVA’s mandates were adopted as part of a compromise between the parties on the divisive issue of access to the ballot (largely championed by Democrats and their allies) versus protecting the integrity of the electoral process (generally favored by Republicans and their supporters)."
2 The REAL ID standards currently do not require U.S. citizenship data, which will be needed if the cards are to be used for voting purposes.
3 Section 2.5

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