Democracy USA Advisory
July 25, 2003

FULFILLING THE PROMISE OF HELP AMERICA VOTE

Some states follow troubling path to implement election reform laws

State Spotlight : Bill aimed at expanding voting rights not always realized at state level; Colorado facing multiple identification requirements for voters

Washington, D.C. – July 25, 2003 – The signing of the 2002 Help America Vote Act (HAVA) represented a bipartisan effort to limit voter fraud and ensure all eligible voters have a chance to vote and have their vote count. But some states are seeking to distort the intent of the law by imposing complicated voting requirements and casting doubt on provisional ballots.

 

HAVA provides federal funding to states to update voting machines and improve election administration. The funding is contingent on states adopting a HAVA implementation plan that includes mandatory identification for first time voters who registered by mail. While states are required to adhere to the minimum standards of the Act, four states -- Colorado, Mississippi, California and Massachusetts -- are considering, or have enacted identification requirements for all voters. Restrictive plans have been passed in Arizona, New Hampshire and Kansas, but have been vetoed by the governor.

 

Examples of some of the required identification include government identification, utility bills, bank statements and pay stubs. Many voting rights advocates argue that these requirements could cause some eligible voters to be denied the right to vote. And that often times poor, disabled and minority voters would be disproportionately affected.

 

Rob Randhava, a policy analyst for the Leadership Conference on Civil Rights ( www.civilrights.org, 202-466-6058), is particularly concerned about the impact of the ID requirement on minority groups. He believes that the HAVA-mandated voter registries can help lessen the impact, but is concerned because most won't be active until 2006. "These voter requirements create an easy pretext for discrimination," he said. "And people living in group housing, for example, could find it harder to vote because they're less likely to have utility bills or the other types of ID required."

 

In Colorado, a strict voter identification bill was passed even before the state’s HAVA compliance bill was enacted.  Pete Maysmith, Executive Director of Colorado Common Cause ( www.commoncause.org/states/colorado, 303-292-2163), says these overlapping laws create confusing standards. Currently, new voters are subject to different ID standards than veteran voters, but everyone must show ID to vote. He sees a potential problem with people who have voted for many years and are unexpectedly asked to produce ID. 

 

“We will have people who’ve been voting for 40 years and never had to show identification,” he said. “It could cause widespread confusion and anger when they are told to show their driver’s license.”

 

Advocates of such stringent ID standards say they are needed to prevent voter fraud. A recently released study by Demos ( www.demos-usa.org, 212-633-1405) found that election fraud is almost nonexistent and expected to continue to diminish. The report also details specific ways that restrictive identification policies could encumber various groups.

 

About Democracy USA: Democracy USA is a new initiative designed to celebrate, protect, enhance and exercise the power of the right to vote in the United States. It is coordinated by The Center for Voting and Democracy, and its November conference has backing from national organizations like Demos, Common Cause and U.S. PIRG. For more information visit www.DemocracyUSA.org.

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