Monday, April 28, 2008

Voter ID Laws

The Supreme Court ruled Monday that states can require voters to produce photo identification without violating their constitutional rights, validating Republican-inspired voter ID laws.

In a splintered 6-3 ruling, the court upheld Indiana's strict photo ID requirement, which Democrats and civil rights groups said would deter poor, older and minority voters from casting ballots. Its backers said it was needed to prevent fraud.

The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,'" Justice John Paul Stevens said in an opinion that was joined by Chief Justice John Roberts and Anthony Kennedy. Stevens was a dissenter in Bush v. Gore in 2000. Justices Samuel Alito, Antonin Scalia and Clarence Thomas also agreed with the outcome, but wrote separately. Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented, just as they did in 2000.

More than 20 states require some form of identification at the polls. Courts have upheld voter ID laws in Arizona, Georgia and Michigan, but struck down Missouri's. Monday's decision comes a week before Indiana's presidential primary. The decision also could spur efforts to pass similar laws in other states.

Indiana provides IDs free of charge to the poor and allows voters who lack photo ID to cast a provisional ballot and then show up within 10 days at their county courthouse to produce identification or otherwise attest to their identity.

Michael H. Drucker
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