Lecture Notes: Voting Rights and Voter Identification Laws

Historical Context

• Early cases: Courts initially refrained from intervening in elections or protecting voting rights.
• 1960s Precedent: Landmark cases like Harper v. Virginia Board of Elections interpreted the Equal Protection Clause as protecting voting rights.

Election Law and Strict Scrutiny

• Strict scrutiny: Applies to voting restrictions, but not all restrictions are unconstitutional.
  • Exceptions: Felon disfranchisement, mental competence, residency, citizenship, age.
• Election regulations: Subject to a balancing test.
  • Severe burdens may be struck down, but many are necessary for election integrity.

Voter Identification Laws

• Controversial Topic: Unlike many countries with national ID systems, the U.S. relies on state-issued IDs.
• Socioeconomic Bias: Disproportionately affects those without state ID (e.g., driver's license).
• Polarization: Despite controversy, many Americans support voter ID laws.

Historical Development of Voter ID Laws

• Post-2000 Election: Sparked modern voter ID movement.
• Help America Vote Act: Introduced ID requirements for first-time voters registered by mail.
• State Laws: Varied requirements; some require state ID, others allow various forms of identification.

Key Court Case: Crawford v. Marion County (2008)

• Challenge: Facial challenge against Indiana's voter ID law.
• Court's Decision: Upheld the law using a balancing test instead of strict scrutiny.
  • Balancing Test: Weighs injury to voting rights against state interests.
  • State Interests: Fraud prevention, voter confidence, modernization of voting systems.

Implications of the Court's Decision

• Facial vs. As Applied Challenges:
  • Facial Challenge: Indiana law wasn’t found to severely burden the right to vote for a significant number.
  • As Applied Challenge: Individuals can challenge the law if severely burdened.
• Court’s Stance: Voter ID laws generally seen as constitutional unless proven otherwise.

Conclusion

• Crawford Case Impact: Set a precedent for how voter ID laws are evaluated.
• Future of Voter ID Laws: Continues to be a legal and political issue, with ongoing challenges and adjustments in different states.