One essential aspect of a democracy is the right of each citizen to vote. This also includes the right to have her vote count. One aspect of protecting this right is to ensure that voter fraud does not occur. After all, voter fraud can rob legitimate voters of their right to properly decide the election. Another aspect of protecting this right is to ensure that voter suppression does not occur. This is because voter suppression can unjustly rob people of their votes.
Many Republicans have expressed concerns about voter fraud and have worked to enact laws aimed, they claim, at reducing such fraud. In response, many Democrats have countered that these laws are, they claim, aimed at voter suppression. Naturally, each side accuses the other of having wicked political motives. Many Democrats see the Republicans as trying to disenfranchise voters who tend to vote for Democrats (the young and minorities). The Republicans counter that the Democrats are supporting voter fraud because the fraud is in their favor. In many cases, these beliefs are no doubt quite sincere. However, the sincerity of a belief has no relevance to its truth. What matters are the reasons and evidence that support the belief. As such, I will look at the available evidence and endeavor to sort out the matter.
One point of contention is the extent of voter fraud. One Republican talking point is that voter fraud is widespread. For example, on April 7, 2014 Dick Morris claimed that over 1 million people voted twice in 2012. If this was true, then it would obviously be a serious matter: widespread voter fraud could change the results of elections and rob the legitimate voters of their right to decide. Democrats claim that voting fraud does occur, but occurs at such a miniscule level that it has no effect on election outcomes and thus does not warrant the measures favored by the Republicans.
Settling this matter requires looking at the available facts. In regards to Dick Morris’ claim (which made the rounds as a conservative talking point), the facts show that it is false. But the fact that Morris was astoundingly wrong does not prove that voter fraud is not widespread. However, the facts do. For example, in ten years Texas had 616 cases of allegations of voter fraud and only one conviction for double voting. In Kansas, 84 million voter records were analyzed for fraud. Of these, 14 cases were referred to prosecution with, as of this writing, zero convictions.
Republicans have argued for voter ID laws by contending that they will prevent fraud. However, investigation of voter fraud has shown only 31 credible cases out of one billion ballots. As such, this sort of fraud does occur—but only at an incredibly low rate.
In general, significant (let alone widespread) voter fraud does not occur although the myth is widespread. As such, the Republican claims about voter fraud are based on a myth and this would seem to remove the foundation for their claims and proposals regarding the matter.
It could be countered that while voter fraud is insignificant, it must still be countered by laws and policy changes, such as requiring voter IDs and eliminating early voting. This does have some appeal. To use an analogy, even if only a fraction of 1% of students cheated, then professors should still take steps to counter that cheating for the sake of academic integrity. Unless, of course, the measures used to counter that cheating did more damage than the cheating. The same would seem to apply to measures to counter voter fraud.
One rather important matter is the moral issue of whether it is more important to prevent fraud or to prevent disenfranchisement. This is analogous to the moral concern about guilt in the legal system. In the United States, there is a presumption of innocence on the moral grounds that it is better that a guilty person goes free than an innocent person is unjustly punished. In the case of voting, should it be accepted that it is better that a legitimate voter be denied her vote rather than an illegitimate voter be allowed to get away with fraud? Or is it better that an illegitimate voter gets away with fraud then for a legitimate voter to be denied her right to vote?
My own moral conviction is that it is more important to prevent disenfranchisement. Obviously I am against fraud and favor safeguards against fraud. However, given the minuscule rates of fraud if attempts to reduce it result in disenfranchisement, then I would oppose such attempts on moral grounds. Naturally, another person might take a different view and contend that it is worth disenfranchising voters in an attempt to reduce the minuscule rates of fraud to even more miniscule levels.
Returning to the matter of facts, one rather important concern is whether or not the laws and policies in question actually result in voter suppression. If they do not, even if they do nothing to counter voter fraud, then they would be tolerable (assuming they do not come with other costs).
Unfortunately, the evidence is that the laws that are allegedly aimed at preventing voter fraud actually serve as voter suppression measures, mostly aimed at minority voters. Keith Bentele and Erin E. O’Brien published a study entitled “Jim Crow 2.0? Why States Consider and Adopt Restrictive Voter Access Policies.” Based on their analysis of the data, they concluded “the Republican Party has engaged in strategic demobilization efforts in response to changing demographics, shifting electoral fortunes, and an internal rightward ideological drift among the party faithful.” The full study, from the journal Perspectives on Politics, is available here. Since this is a factual matter, those who disagree with these findings can counter this by providing an analysis of equal or greater credibility based on supported facts.
Interestingly, it is a common talking point among Republicans that professors are tools of the Democrats and that academic experts should not be trusted. While this is a marvelous ad homimen, what is needed is actual evidence and arguments countering the claims. If professors are tools of the Democrats and academic experts are not to be trusted, then it should be rather easy to provide credible, objective evidence and analysis showing that they are in error. In terms of specifics regarding voter suppression, I offer the following evidence based discussion.
One of the best-known methods proposed to counter voter fraud is the voter ID law. While, as shown above, the sort of fraud that would be prevented by these laws seems to occur 31 times per 1 billion ballots, it serves to disenfranchise voters. In Texas 600,000-800,000 registered voters lack such IDs with Hispanics being 40-120% more likely to lack an ID than whites. In North Carolina 318,000 registered voters lack the required ID and one third of them are African-American (African-Americans make up about 13% of the US population).
Another approach is to make it harder for citizens to register. One example is restrictions on voter registration drives—Hispanics and African-Americans register to vote at twice the rate of whites via drives. It is not clear how these methods would reduce fraud. The restrictions mostly do not seem to be aimed at making it harder for people to register fraudulently—just to make it more inconvenient to register.
A third tactic is to reduce the available early voting times and eliminate weekend and evening voting. This would seem to have no effect whatsoever on fraud, but seems aimed at minority voting patterns. In 2008 70% of African-American voters in North Carolina cast their ballots early. Minority voters are more likely than white voters to vote on weekends and in the evening. For example, 56% of the 2008 weekend voters in Cuyahoga County in Ohio were black.
A fourth tactic is to make it harder for people with past convictions to regain their voting rights. This impacts African Americans the most: 7.7% of African-Americans and 1.8% of the rest of the population have lost their right to vote in this manner. This tactic does not prevent fraud—it merely denies people the right to vote.
It would seem that the laws and policies allegedly aimed at voter fraud would not reduced the existing fraud (which is already miniscule) and would have the effect of suppressing voters. As such, these laws and proposals fail to protect the rights of voters and instead are a violation of that basic right. In short, they are either a misguided and failed effort to prevent fraud or a wicked and potentially successful effort to suppress minority voters. Either way, these laws and policies are a violation of a fundamental right of the American democracy.