The right to vote is part of the foundation of democracy and this includes the right to have one’s vote count. One part of protecting this right is preventing voter fraud. Fraud can rob legitimate voters of their right to decide the election. Another part is preventing voter suppression because it can rob people of their votes.
Republicans profess to be very worried about voter and election fraud (by Democrats) and have enacted laws aimed they claim will reducing such fraud. In response, Democrats claim these laws are aimed at voter suppression. Each side accuses the other of having wicked political motives. Many Democrats see Republicans as trying to disenfranchise voters who tend to vote for Democrats. The Republicans counter, without evidence, that Democrats support fraud because it is in their favor. While these beliefs might be sincere, sincerity is irrelevant to 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 longstanding 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 be a very serious matter: widespread voter fraud could change the results of elections and rob voters of their right to decide. Democrats admit fraud does occur but at such a miniscule level that it has no effect on election outcomes and does not warrant the measures favored by the Republicans.
Settling this matter requires looking at the available facts. Dick Morris’ claim (which made the rounds as a conservative talking point), is false. But the fact that Morris was astoundingly wrong does not prove that voter fraud is not widespread. However, the facts do. Despite years of searching for fraud, the Republicans have not found any evidence (other their own efforts to overturn the 2020 election).
Republicans argue for voter ID laws by claiming they will prevent fraud. However, past investigations 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. Republican claims about voter fraud are based on a myth and shows the lack of foundation for their claims and proposals regarding the matter. And yet they persist in their fairy tales of fraud.
It might be argued that while voter fraud is insignificant, it still must be countered by laws and policy changes, such as requiring voter IDs and eliminating early voting. This has some appeal. To use an analogy, even if only a fraction of 1% of students cheated, then professors should still take some effort to prevent that cheating for the sake of academic integrity. Unless, of course, the measures used to counter that cheating did more harm than the cheating. The same would seem to apply to measures to counter voter fraud.
A key moral issue here is 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 (supposed to be) a presumption of innocence on the moral grounds that it is better that a guilty person goes free than an innocent person be 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 to deny a legitimate voter her right to vote?
My moral conviction is that it is more important to prevent disenfranchisement and this should be given greater weight than fraud prevention. To avoid a straw man attack, I must say I am against fraud and favor rational safeguards against it. 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, others take a different view and believe it is worth disenfranchising voters in an (alleged) attempt to reduce the minuscule rates of fraud to even more miniscule levels.
Returning to the matter of facts, one important concern is whether the laws and policies in question result in voter suppression. If they do not, even if they do nothing to counter voter fraud, then they might be tolerable (assuming they do not come with other costs).
But the evidence shows the laws allegedly aimed at preventing voter fraud 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. Since the 2013 study, Republicans have increased their efforts to fight “fraud” and Trump has made it clear he wants Republicans to do anything they can to ensure Republican victories through such means as redistricting and various strategies that are obviously aimed at voter suppression.
It is a talking point among Republicans that most professors are tools of the Democrats and academic experts should not be trusted. While this has been an effective ad homimen, what is needed is 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 easy to provide credible, objective evidence and analysis showing that they are in error.
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 almost never occurs, it serves to disenfranchise voters. As would be suspected, Hispanic and African-American voters are more likely than white Americans to lack the ID required by these laws.
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 at all.
A third tactic is to reduce the available early voting times and eliminate weekend and evening voting. This would seem to have no effect 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. This tactic does not prevent fraud—it merely denies people the right to vote.
The laws and policies allegedly aimed at voter fraud would not reduce the existing fraud (which is already miniscule) and the only effect would be to suppress voting. 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 voters in favor of Republican victories. Either way, these laws and policies are a violation of a fundamental right of American democracy.
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