In 2011, the Texas legislature passed a law that requires all voters to produce photo identification when they present themselves to vote in an election. Prior to the law, Texans could present a voter registration certificate, which does not carry a photograph. Under the new law, not all forms of photo identification are considered valid for voting purposes. For example, state-issued concealed weapons permits are allowed, but student identification cards are not. A voter who shows up to the polls without appropriate photo identification may cast a provisional ballot, but must return to the registrar’s office with photo identification within six days to make his or her vote count.
Supporters of the public policy argue that requiring photo identification is necessary to ensure the integrity of the election system and assure Texans that their elections are free from fraud. They claim that fraud is often undetected and difficult to prosecute, so the absence of high rates of voter fraud prosecution does not mean that it is a problem that should be ignored. Supporters believe that having the potential of penalties for breaking the law will deter any attempts to commit fraud. Former Governor Rick Perry noted that the law “makes sense” since one needs to show photo identification to board airplanes, conduct official business, and perform transactions with banks and other organizations. Those in favor of the law also point to public opinion polls showing that the majority of Texans support the simple proposition that you must show photo identification to prove who you are in order to vote.
Opponents of the law claim that the measure is not really about preserving the integrity of the electoral system but is meant to minimize Democratic turnout in order to help the state Republican Party keep its hold on power. Those who oppose the law claim that it puts an undue burden on populations who are less likely to possess photo identification (and who often vote for Democrats), such as elderly, disabled, minority, and poor voters, by making them go through additional steps to vote. Lubbock County Commissioner Gilbert Flores noted that the bill’s goal is to “weaken and deter the Hispanic vote.”
The law does provide for free photo identification, but in some rural areas, opponents argue, the nearest Department of Public Safety office is far away and not easily accessible. In addition, opponents suggest that the law is in essence a solution in search of a problem, pointing to studies that show there is no real problem concerning voter fraud in Texas.
The question remains whether voter identification laws are on balance positive or negative. There are legitimate arguments for and against the legislation, but one thing is clear: Republicans strongly support the measure and Democrats have attempted to stop the measure. This fact alone suggests that Republicans believe they will electorally benefit from the law, while Democrats believe they will be harmed. In Wisconsin and North Carolina, federal judges agreed with challengers to these states’ voter ID laws and declared them unconstitutional because of social science evidence suggesting that minorities were adversely affected by the new requirements. However, backers of the Texas law point to data showing that turnout in the November 2013 election was nearly double that of previous elections without the voter ID requirement, including in heavily Hispanic counties. This suggests, they argue, that the law did not adversely affect minority turnout. Should voter IDs be required for voting in Texas elections? You decide.
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