Surge of Voter Reform Efforts Spreads Across the Nation

There is a new surge of voter reform efforts sweeping the nation. Some of these efforts are designed to stimulate voter participation by easing barriers to voter registration through use of electronic mediums such as the Internet and e-mail. Other measures seek to impede the voting process in response to allegations of voter fraud during the 2008 elections, despite research [1] indicating that voter fraud cases are rare and greatly exaggerated.

Gov. Mitch Daniels (R) of Indiana recently signed a bill allowing online voter registration; the bill makes Indiana the fourth state to allow voter registration via the Internet. Supporters of the legislation believe that it will increase voter turnout by providing an additional avenue for citizens to register to vote. Indiana Secretary of State Todd Rokita, who is supportive of the measure, told The [Indiana] Times [2], "We use technology in every one of our other transactions in life." But, "for some reason, we're afraid to use technology in our most sacred civic transaction – voting," he said.

Kansas is attempting to use technology to assist U.S. soldiers and diplomats by allowing them to vote by e-mail. Currently, the state allows overseas soldiers and diplomats to fax their ballots; however, overseas personnel have greater access to e-mail than fax machines, according to the Wichita Eagle [3]. The e-mail provision has wide support in the Kansas House, but the bill faces stronger opposition in the State Senate due to a "provision that would make it harder for those back home to have a friend or relative deliver their absentee ballot to county election officials," according to the Wichita Eagle. Opponents of the provision requiring numerous signatures to deliver an absentee ballot worry that the stringency will result in an increase in rejected ballots.

Oregon is another example of a state attempting reforms to ease the voting process for military and overseas voters. State legislators recently introduced a bill that would allow military and overseas voters to vote by fax; the legislation has already passed a state House committee. The bill would make an exception to a state law that requires an original signature to verify identity by allowing "election officials to compare the signature on a fax with the signature on a voter registration card to verify an identity," according to KTVZ.com, the website of central Oregon’s NBC affiliate.

On the flip side, other states are attempting to create more obstacles to the voting process. For example, Georgia recently passed a law requiring proof of citizenship to register to vote, which is subject to review by the U.S. Department of Justice. Opponents of the law fear that it may disenfranchise low-income and minority voters. A survey [4] by the Brennan Center for Justice indicates that up to 13 million American citizens lack documentation. The study also notes that those in the lowest-income bracket are more than twice as likely to lack documentation of citizenship as those in higher-income brackets. The law "has been enacted even though there is no indication that non-citizen voting is a problem in the state," according to the Progressive States Network [5].

This law makes Georgia only the second state, after Arizona, to require residents to prove citizenship before they can register to vote. Since Georgia is one of the states that is required to get "preclearance" under Section 5 of the Voting Rights Act (VRA) of 1965 [6] before enacting new election laws, the Justice Department must approve this measure.

In a related matter, a decision is expected in June in Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a case challenging the constitutionality of Section 5 of the VRA. This case will decide whether Georgia and other covered states need to get "preclearance" in the future.

Texas is also attempting to add more obstacles to the voting process with a state House bill that would require a photo ID to be presented at polling places. Those without a photo ID would be forced to cast a provisional ballot; such ballots are often not counted. Supporters of the bill claim the measure is necessary to prevent undocumented immigrants from voting, but opponents claim the bill will disenfranchise low-income, minority, elderly, and disabled citizens, according to the El Paso Times [7]. The Texas Senate passed a photo ID bill along partisan lines, but the Texas House is more evenly split between Democrats and Republicans. If it does pass, it will need approval from the Justice Department before it is enacted, since Texas is also subject to Section 5 of the VRA.

On the federal level, Sen. Charles Schumer (D-NY), chairman of the Senate Rules and Administration Committee, wrote a letter to Attorney General Eric Holder urging the Justice Department to sue states that are not complying with the National Voter Registration Act (NVRA), also called the Motor Voter Act. NVRA requires public assistance agencies and other select agencies to offer voter registration materials. According to a press release [8] from Schumer’s office, at least 18 states are not complying with the requirement. Schumer’s letter [8] highlighted Voter Registration: Assessing Current Problems, a study presented to the Senate Rules Committee in March. The study noted that "one of the key concerns is that eligible individuals are not offered the option to register and vote at state motor vehicle agencies, public assistance agencies, and agencies that provide services to people with disabilities."

Schumer also wrote a letter to President Obama [9] asking him to designate the Department of Veteran Affairs (VA) as a voter registration agency under NVRA. The letter states, "During the debate over the Veterans Voting Support Act, we heard from veterans groups, state election officials, disability advocates and voting rights organizations. They all urged a greater role in voter registration for the VA."

During the 2008 election season, the VA was opposed [10] to allowing nonpartisan groups to register veterans on VA property. Many groups faced barriers when attempting to conduct nonpartisan voter registration and were also restricted from providing logistical information.