Wednesday, December 14, 2016

4th Circuit Unanimously Rejects Challenge to VA Voter ID Law

Congress in HAVA found it beneficial to the Voting process and the public perception of the Voting process to require photo IDs.

The Carter-Baker Commission found similarly.

Virginia found it beneficial to require Photo Identification in all elections.

Virginia took numerous steps to mitigate any burdens that this requirement might impose on voters, suggesting that a benign purpose underlay SB 1256’s enactment.

It allowed a broad scope of acceptable forms of identification, which included:

- It allowed a broad scope of acceptable forms of identification, which included most IDs that Citizens have and that are reasonably reliable.

- It allowed Citizens attempting to vote without identification to cast Provisional ballots and then cure their identification deficiency within three days.

- It provided those citizens who lacked Photo Identification a free Photo ID without the need to present any documentation.

- It provided assistance to Citizens expressing difficulty in obtaining free IDs.

In sum, not only does the substance of SB 1256 not impose an undue burden on Minority voting, there was no evidence to suggest racially discriminatory intent in the law’s enactment.

The 4th Circuit's judgment of the District Court decision was accordingly AFFIRMED.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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