September 25, 2007
Posted: 11:00 AM ET

The Supreme Court will wade into the voter identification controversy.

WASHINGTON (CNN) — The Supreme Court will review the constitutionality of state voter identification laws, amid allegations they discourage large groups of disenfranchised Americans from going to the polls.

The two voter ID cases accepted by the justices Tuesday were among 17 appeals added to the court's docket. The oral arguments will be held early next year, with a ruling by late June.

At issue is whether laws designed to stem voter fraud end up discriminating against large groups of minority and poorer Americans, who might lack proper identification or might be afraid of putting their personal information on government files.

The cases involve an Indiana law passed two years ago requiring that a photo ID be presented when casting ballots in person at polling stations around the state. Previously, citizens needed only to sign a poll book to vote.

State and federal courts around the country have issued conflicting rulings on voter ID laws. Missouri's laws was found unconstitutional, but similar laws in Georgia, Arizona and Michigan were found to be proper.

Civil rights activists and the state Democratic Party complain Indiana's law was an effort by state Republican leaders to reduce turnout among minority voters, many of whom might be inclined to vote Democratic.

The Supreme Court has already accepted two election-related appeals, scheduled to be heard next week. One involves Washington state's open primary system and the other is a dispute over selecting state judges in New York.

The new voter identification cases are Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25).

– Supreme Court Producer Bill Mears

Filed under: Supreme Court


Ian Smith   January 9th, 2008 11:31 am ET

What about the homeless? They require an ID to get a job. No ID means no SS Card from the SSA. Don't have proof of residence (HOMELESS!) you can't get an ID. Even if you have a birth certificate and nothing else you are stuck in an endless circle. Can't provide two forms of ID or proof of residence, then you can't get a license, an ID card, a voters registration card, or a job. You are an illegal in the eyes of the DMV.

Ed,Ellenville,New York   September 26th, 2007 3:23 pm ET

Absolutely,and let's have a fine for not voting like other countries.When we agree on principle,but not on method,all it takes is civil discussion to resolve our differences.Thank you for stepping back and gaining perspective.Your ability to think through this shows that a northeasterner of either party could effectively govern.I suggest that those of us who have outdated forms of ID be given the right to grandfather in.It isn't fair to change the rules 3/4 of the way through the game and penalize such a large number of americans.It isn't our fault for being older.

Tony in TN   September 26th, 2007 3:21 pm ET

This is BS! Illegal aliens are just that…frigging illegal and they DO NOT have a right to anything other than a bus ticket out of here…period! End of disussion…next.

Tom - Dedham, Mass   September 26th, 2007 2:26 pm ET

In lieu of your methods being years away (and again I agree, actually I never DISAGREED on some different mechanism being used down the road) shouldn't we still attempt to get this worked out for the good of the country?

Ed,Ellenville,New York   September 26th, 2007 1:11 pm ET

I accept your apology,please consider that my idea is far more radical than the current system and the common sense that is behind it would likely fall to the wayside as it would be attacked by both sides as an intrusion of privacy.Nonetheless it has to be done.Companies who hire these illegals unknowingly are responsible for their being here and bio-metrics would stop that.So please consider a better approach.

Tom - Dedham, Mass   September 26th, 2007 12:42 pm ET

I would like to openly apologize to Ed from Ellenville for using facts to support my views. I will never use these derogatory tactics again.

Ed for the record, I did a direct cut and paste from a government website from Massachusetts that states in order to obtain an ID card (a liquor ID card or simply a Mass ID card) that can be used as proof of who you are, your age and residency in order to VOTE for instance.

I used the 18 years or older for obvious reasons.

If you are 18 years of age or older:

You must present the following:

• SSN Card or valid, current U.S. or non-U.S. Passport (see below)
• Document proving date of birth
• Document proving signature
• Document proving Massachusetts residency

Note: One of the documents, other than a SSN card or passport, must be a Primary document.

•A valid Social Security Number that verifies with the Social Security Administration or an acceptable written denial notice from the Social Security Administration.

I am on your side Ed that there must be ways to streamline the process, but from your comments it appears that you don't want a method of proof to be used.

If I am wrong on that part, I apologize.

Tom - Dedham, Mass   September 26th, 2007 12:00 pm ET

Mia I take exception to your insinuation about a lack of empathy here. If someone can't afford or get to a place that provides them, they will get them for free and at their homes.

How can we make this any easier or clearer?

This should be a no-brainer as we hear about reforming our elections and this would be a good first step.

If a Democrat wins office, fine, as long as we know that it is legit.

That poll tax BS is just a way for the Democrats to scare up their base (just like the Republicans do, right) as how can it be a tax if it is provided for free to those that can't afford it.

So Ed, even though my position is echoed by many on this particular blog by it seems, both sides of the fence, I am sure you are wholly against it as that would take away the constant drum beat of how the elections were stolen.

As the Democrats in Chicago used to say Ed, vote early and vote often.

Ed,Ellenville,New York   September 26th, 2007 11:50 am ET

Tom-you are wrong as usual,the patriot act makes it illegal for ssa to replace your card based on it's own records.A record of denial for an american already enrolled is not available.Why can't you support bio-metric identification instead of a dysfunctional catch 22 system?Is it maybe because you consider this country to be a "republic" that restricts voting rights?My idea is far better than some silly plastic card that could be fake anyway.The only people that would object to that would be the criminal element(might boost the glove industry.)Grow up and use your brain instead of spreading falsehoods and making juvenile assumptions.

Ed,Ellenville,New York   September 26th, 2007 11:02 am ET

Thank you Mia!

Ed,Ellenville,New York   September 26th, 2007 10:43 am ET

Moderator-Tom of Dedham-is a juvenile poster with serious problems,please delete his derogatory personal remarks if I am not allowed to respond in kind.Thank you.

Tom - Dedham, Mass   September 26th, 2007 10:41 am ET

Hi Ed, since I just went through this process I am aware of what is needed.

There is a list of many TYPES of different forms that are used to PROVE name, DOB and residence, MANY.

And since you are hung up on the SS card thing - Note:

A valid Social Security Number that verifies with the Social Security Administration or an acceptable written denial notice from the Social Security Administration may be used.

I know government paperwork is tedious as hell as I had to go back because I MISREAD the requirements, but after compliance, I was all set.

This is doable and totally necessary and to simply dismiss it as racist, bigoted or too hard to do is wrong.

r. james   September 26th, 2007 1:22 am ET

Idiots…….all idiots

Reatte Beaumont, Texas   September 25th, 2007 11:58 pm ET

What is so funny about the whole thing is that as U.S citizens we have to show ID's for anything from license renewals, when we buy houses we show proof who we are, credit cards at most places execpt for bank of america unless you are illegal and they will give you credit then we the tax payers will have to bail them out, have to show proof when buying cars, anything that we use anymore we have to show proof. It is sad that the people that are abiding by the laws are getting punished for the ones that aren't abiding the law. The ones that I feel for are the ones that are trying to go threw the right channels to come to our country legally and they are having to wait for quite some time to even step foot on OUR SOIL. It seem that the elite in washington want to open all our borders to any and everything that would like to come here and then seen in the paper about the social security needs help and they want to cut benefits and raise taxes to pay for the ones that do not deserve the benefits. Our SENIORS are were the back bone of our country and they are having to skip doctor appointments, medicines,eating to live from pay day to pay day but lets let the ones that aren't citizens have evrything that belongs to our citizens. This is no longer the UNITED STATES OF AMERICA it is becoming the state of illegals and what they need and want. I hope that this next election that the people of the country wake up and vote the right people in at the great white house in washington if not it will be controlled by other country's government and that will be very ugly.

GOD BLESS AMERICA. WE SURE DO NEED IT IN A BAD WAY.

jasman, Charolette, SC   September 25th, 2007 11:28 pm ET

Think about it, if one doesn't need an id to vote then anyone can vote anywhere and as often as they wish.

As for the poor unless they are homeless they do have an address to receive an absentee ballot. If they don't have a permanent address they can't register to vote to begin with.

Every jurisdiction has residence requirements in order to register to vote. How does one prove residency, with an address of course.

If anything, it may be that the absentee ballot is unconstitutional.

Mia, Stafford, VA   September 25th, 2007 10:10 pm ET

I wish I could come to these blogs and not be surprised by how mean people can be. I find that there is a new low everyday. Are you looking through tunnel vision, where you just don't get that EVERYONE DOES NOT HAVE A CAR, you might be surprised to find out THAT EVERY AMERICAN DOESN'T HAVE INDOOR PLUMBING, so why when we have POVERTY at this LEVEL IN AMERICA STILL, are we surprised that legal poor citizens, may not be priortizing a trip to the DMV. Or trying to call someone (on the phone they don't have) to come and set them up for an ID?

There is a reason there is a law against poll taxes, but those who forget so soon, remain quick to judge. I love my country, but I am so disappointed in many of my fellow citizens who are SO QUICK TO JUDGE.

Why do people have to be dumb because they don't have a legal id? Has anyone tried to get a drivers license lately? It is more than a notion to legal willing citizens. Why do people have to have something to hide because they don't have id's?

I urge all of you to try this character building exercise called empathy. Maybe then if you attempted to imagine how would you feel if you were that person with no ID and judged so harshly you wouldn't be so darn mean and crass.

Anon   September 25th, 2007 9:53 pm ET

Almost everyone has some form od I.D. The only people who don't are illegal immigrants or people who don't vote anyway. This issue is just about democrats trying to give votes to illegal immigrants under the name of "disenfranchisement" so they can win elections. The only people being disenfranchised are true American citizens.

Mikey   September 25th, 2007 9:03 pm ET

Perhaps the solution to this problem COULD BE quite simple. When someone applies for a social security card, give them a legitimate national photo ID–for free (same thing at the state level). It couldn't cost more than a few dollars to actually make the cards. 300million x $3–peanuts!

The entire ID system could be streamlined.

Ed,Ellenville,New York   September 25th, 2007 7:58 pm ET

It occurs to me that the government has had my fingerprints on file in the pentagon for twenty-five years(educational requirement-don't ask)why can't I just stick a thumb or finger on a sensor and go where I want?I think I've put more than enough information on file,what's the hold-up?

Mike, Milwaukee, WI   September 25th, 2007 6:45 pm ET

Here in Wisconsin, thankfully, our governor VEOTED a voter ID bill. People who talk about voter ID laws don't think about the fact that MANY elderly do NOT have photo ID's! for WHAT? think about it….they dont go anywhere, hardly but maybe the grocery store every now and then. However, elderly vote in large numbers and should not be denyed that right simply because they choose not to go out of their way to get an id made

Beth, Fort Wayne, IN   September 25th, 2007 4:27 pm ET

Are you saying that minorities in the state of Indiana are not smart enough to obtain a state issued ID card? If that's the case, perhaps we really don't want them voting if that is the case. How do these people function on a daily basis without an ID? I hope they are not driving to the polls.

Ed,Ellenville,New York   September 25th, 2007 4:14 pm ET

No Tom,the ss card is the key document and that's where the dead end is for millions of americans.You can't get that card unless you already have government issued ID.Go to your local ssa office without your license and see for yourself.Then call Wash. and they'll tell you there's a lot of "undocumented americans" not illegals.

James, Phoenix AZ   September 25th, 2007 4:12 pm ET

David, Gilbert,

You wrote, "How do you justify the need for an ID to vote when the absentee voters do not have to prove citizenship? Those ballots are filled out and mailed in, no ID required. That is why the plaintiffs claim the law is discriminatory to the impoverished"

When I go to an ATM - I get cash without showing any ID. If I go to my local branch and request a withdrawal I must show ID.

When I pay for my auto registration - I can either send it in the mail (no ID required) or take it into the DMV (show ID) and get my registration updated.

I can buy an album online with my credit card (no ID required) or head down to the music store - and they'll ask for ID.

If you own a home, or have a residence and the opportunity to vote via absentee ballot - great. Otherwise, bring your ID. But if you're advocating all absentee ballots should be picked up (show ID) ahead of time - I'm cool with that too.

Bob, San Francisco, CA   September 25th, 2007 3:48 pm ET

I feel like both parties just try to use and manipulate the masses for their own gains anyway. There should be a voting test required to vote, because too many dumb people vote for single issues (either Democrat or Republican).

And I don't know what that test would look like (talk about controversial) but it would make a great Ticker discussion.

David, Gilbert Arizona   September 25th, 2007 3:39 pm ET

Tom - Dedham, Mass

How do you justify the need for an ID to vote when the absentee voters do not have to prove citizenship? Those ballots are filled out and mailed in, no ID required. That is why the plaintiffs claim the law is discriminatory to the impoverished.

If I'm homeless I can't vote absentee and therefore I have a voter requirement that other voters do not, obtaining a photo ID. Voter laws have to apply to everyone, not just those people who show up to vote in person.

Ed,Ellenville,New York   September 25th, 2007 3:05 pm ET

Isn't the government REQUIRED to provide that ID? Patriot act says no.All of you people have a rude awakening coming.I hope you like being a mexican.

laurinda,ny   September 25th, 2007 3:05 pm ET

YES, we should have voter cards because I for one DO NOT trust the Republicans.

Tom - Dedham, Mass   September 25th, 2007 3:01 pm ET

And by he way Ed from "ellenvile", you just need to prove your residence and date of birth along with your name to get a card.

There is a list of different pieces of documentation that you can use to make this happen, I know as I just had to go through this recently by providing three readily available forms of documentation (electric bill, SS card etc, etc).

It may vary from state to state with certain ID cards, but it is not as cumbersome as one would think.

Nothing right-wing or hateful here, this is the smart thing to do.

Eric, from THE Republic of Texas   September 25th, 2007 2:58 pm ET

The government REQUIRES you to be licensed and possess ID to legally drive. The government REQUIRES you to have and present ID to legally purchase tobacco products. The government REQUIRES you to have and present ID to legally purchase intoxicating beverages.

But the government does NOT require you to have and present ID to legally participate in the electoral process that selects the leaders of this nation and local communities? Huh? Does that make any frigging sense to anyone?

"Cars, smokes and booze, why, those are dangerous, son! You gotta have ID! But a ballot? Shoooooot, come on over here and 'git yerself sum!"

If that's not a wink-wink-nudge-nudge defacto approval of electoral fraud, I don't know what is.

This is a really simple equation, folks:
No ID. No ballot. No exceptions.

Tom - Dedham, Mass   September 25th, 2007 2:54 pm ET

Without a doubt any law that makes the process harder will reduce the number of participants. In this case on can say that individuals who do not own a car or have never need a car are the less fortunate, and the elderly. Do you believe identification law designed to stem voter fraud discriminates against groups of minority and poorer Americans?——->

I'll write it again so you can understand:

No cash to pay for it, the Republicans want it provided FREE of charge to those that can't afford it.

You have no car or way of getting to an office to get one made, they will COME TO YOUR HOME.

So that takes care of price and method of getting one made.

Ed from Ellenville would rather bash right-wingers from his mothers basement than see that this is something the country needs, then "ed" we can have no excuses that elections were stolen by either side, one ID - one Vote.

Shouldn't that be how this is done?

James, Phoenix AZ   September 25th, 2007 2:38 pm ET

Valid ID = Valid Vote

If you're too intimidated to provide a photo ID or valid form of identification - you don't get to vote.

And I'm SHOCKED it's the democrats bringing this lawsuit! And what large "group" are they worried about? (Felons? The Deceased?)

William S., Hawaii   September 25th, 2007 2:18 pm ET

Everyone is missing the point. Look at all the legal US citizens with proper IDs that voted in the last presidential election.

Look who they re-elected.

Now THAT is scary.

PollM, Dallas Tx   September 25th, 2007 2:06 pm ET

Without a doubt any law that makes the process harder will reduce the number of participants. In this case on can say that individuals who do not own a car or have never need a car are the less fortunate, and the elderly. Do you believe identification law designed to stem voter fraud discriminates against groups of minority and poorer Americans?——-> http://www.youpolls.com/details.asp?pid=588

David, Gilbert Arizona   September 25th, 2007 1:59 pm ET

No, the ACLU is not bringing these law suits. The Indiana cases are brought by the Indiana Democratic Party, the Marion Democratic Central Committee, and the League of Women Voters. Also William Crawford, United Senior Action of Indiana, Indianapolis Resource Center for Independent Living, Concerned Clegy of Indianapolis, Indianapolis Branch of the NAACP, Indiana Coalition of Housing and Homeless Issues, and Joseph Simpson.

The Indiana law requires voters to have valid photo identification. If the voter does not have identification they may cast a provisional ballot and have until the second Monday after the election to provide valid ID. The voter will need to sign an affidavit affirming they are the person who cast the provisional ballot.

The CNN article is a bit misleading. The court documents can be found online. The plaintiffs argue the cost of photo identification constitutes a poll tax, signing an affidavit creates an unnecessary burden, the requirement is discriminatory because it does not apply to absentee voters only voters who show up in person, and obtaining the identification creates a hardship because there is only one location the identification can be obtained in Indiana, the Motor Vehicles Department.

Rodney Dallas TX   September 25th, 2007 1:38 pm ET

I certainly believe you should have a photo ID in order to vote. I also think that a driver's license should not be issued to illegal immigrants. If they don't have a photo ID, they can't vote. You card to by cigarettes, why not card to vote. Both require you to be 18.

Jeff Spangler, Arlington, VA   September 25th, 2007 1:06 pm ET

In Virginia where I'm an Elections Officer, photo IDs are not required, but the system of identification assures that only eligible voters vote, and no one is disenfranchised. Other states might look to Virginia for guidance rather than litigate.

Ed,Ellenville,New York   September 25th, 2007 1:01 pm ET

You people should all misplace your ID and try getting it back.Those 20 million figures are referring to "undocumented americans"because the patriot act made it illegal for government agencies to use their own data to verify someone's identity.We can pay taxes and live our entire lives here from birth,but the ssa can't verify identity.The ssa is flooded with complaints about this abuse.It's time for biometric ID,fingerprints,eyescans,etc.This action by republicans is just to steal more rights from citizens,nothing more.In NY state,you can claim to be a mexican and get all the ID you want,but americans are banned by the patriot act.Birth certificates are no longer permitted as proof of anything,except date of birth.Repeal the patriot act and require biometrics.

C. Mass, Washington D.C.   September 25th, 2007 12:30 pm ET

"At issue is whether laws designed to stem voter fraud end up discriminating against large groups of minority and poorer Americans, who might lack proper identification or might be afraid of putting their personal information on government files."

Give me a break…all the posts above this are right on the mark.

Let's think about this for a second…the only people who lack proper identification or are afraid to do it are illegal immigrants and criminals. I'm sure the disenfranchised have no problem getting an ID to drive a car, or buy a pack of cigarettes and a case of beer. So why should voting be any different???

Does anyone know if the ACLU is involved in this???

Karen, Orlando, Fl.   September 25th, 2007 12:21 pm ET

We do need a voter ID card. I agree with Kate,voting is not a right affored to anyone who can make it into the country. We have cried 'voter discrimination' for far too long in this country and it's time that we actually did something about it.

Greg, Phoenix, AZ   September 25th, 2007 12:19 pm ET

How funny is it that the Democrats want anyone with a pulse to be able to go in and vote for them come election day? Reminds me of how LBJ once remarked that certain occupants of a graveyard were just as valuable voters as those members of the voting population who were actually alive.

This is just another example of the Democrats being so desparate to win they don't care about the negative effects on our country. Like with the healthcare initiative where the Democrats jump up and down and keep announcing higher and higher percentages of uninsured Americans when at least 1/3 of that Amount are illegal aliens. They say that ALL Americans deserve to be insured which would obviously include that 1/3 of illegal aliens. The Democrats have no position on illegal aliens due to the fact that they don't want to alienate hispanic voters.

Bottom line, the Democratic candidates don't care one bit about this country or what ultimately happens to it, they just want to get elected.

Axel, RKTA, California   September 25th, 2007 12:15 pm ET

Personally, I see no problem with having to show your ID to vote. If you can't prove who you are in today's society, then chances are you are not who you say you are. And if you can't prove you are who you say you are, then you should not be able to vote.

jake, LA, OK   September 25th, 2007 12:09 pm ET

Just how stupid is the fanatic left? Their is no way any judge should fall for this scam.

According to the article they are claiming possible discrimination for minorities and the poor due to the lack of:
1. Lack of proper identification.
2. Fear of their personal information on government files.

Well lets see now.
1. Every American must have a social security number. AKA proper identification
2. Everyone with a social security number has their personal information on a government file.

This scam is nothing more then to allow illegal aliens to vote and for democrats to vote is multiple jurisdictions.

Tom - Dedham, Mass   September 25th, 2007 12:08 pm ET

If we are to do away with the constant whining that an election was stolen, why not do this?

Republicans have tried to comply with every request and demand that has been thrown at them in order to make this work such as MAKING IT FREE to lower income people, WILLING TO DO THIS IN PEOPLES HOMES, to make it easier.

But Noooooooooooooo, it is racist to want EVERYONE to show who they are before they perform the most IMPORTANT FUNCTION WE DO AS CITIZENS.

You can't do bleep without needing to prove who you are (library, alcohol, movies at B-Buster, check cashing etc, etc).

Simple case in point, that NONE of you can dispute (and this a real life situation), my wife was talking to her sister before a recent local election that was for an override and my wife asked her sister if she was voting and she said no.

We live in the same town, but a different part, my wife has my sisters address information and that is all you need to provide in order to vote (you give name and address only and they cross off your name and you simply VOTE).

What would have stopped us from having my wife vote as her sister?

Absolutely NOTHING.

This has been a method used to stuff the ballot boxes with dead people, the unregistered, illegals, felons etc, etc and we need to stop it.

Kate, Woodland Hills, CA   September 25th, 2007 12:04 pm ET

Unfortunately what I am going to say will surely upset some. We have unsecure borders which have allowed over 20 million illegal immigrants into our country. These same 20 million plus illegal immigrants took to our streets and demanded rights afforded to legal, law abiding citizens. If we do not require voter ID what is to stop those same 20 million plus illegal immigrants from voting? Voting is a privaledge not a right. It is given to legal, law abiding citizens. I do not want illegal immigrants, felony convicts, etc. having the ability to vote for laws and elections. If you do not have state identification (which at most costs $20) then something is not right and you shouldn't vote. If a person is afraid of putting their information on government files, then they are extremely ignorant and again I would not want them to vote. If you file taxes and pay taxes then your information is already on file. If you were given a valid Social Security number or born in the US, then your information is on file. How is asking for proper identification from EVERY voter discrimination? This is just a ridiculous waste of time for our Supreme Court. Ask for ID and if you don't have it, then you don't vote. Period.

CorruptUsr   September 25th, 2007 11:54 am ET

Having to have a valid ID to vote, isn't it ironic..

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