With many states holding primaries this coming Tuesday, I was thinking about the rules and laws that are packaged as a means of reducing voter fraud or that take away felon's voting rights. What practical impact do they have on US citizens' constitutional rights?
Picture ID for one. To those of us with driver's licenses, this seems like it wouldn't cause even the slightest inconvenience or loss of rights, but to those who gave up their driver's licenses at the urging of their children or those who never learned to drive (my late mother for one), this rule may effectively take away their chances of voting. And what of those who have their wallets stolen?
Now let's look at laws that bar convicted felons from voting.
First, let's consider those who are not felons but share their name with a felon. By the time you prove you are eligible to vote, it may be too late.
Second, think about drug users who commit felonies. How many of our nation's felony-level drug users have never been charged, let alone convicted? How many of our nation's felony-level convicts are black?
The proportion of felony-level drug users by different ethnic groups is out of sync with the number who are convicted. Despite many people's efforts within the government and from citizens there is still
racial bias in our law enforcement and court systems.
Third, remember that the quality of a defendant's lawyer can make a huge difference in the accused and guilty person's ability to get a plea deal where the guilty party is only convicted of a misdemeanor or to not be convicted of any crime.
Same crimes, but those who are white or well-off are much more likely to retain their voting rights. Those who are black or poor are much more likely to be convicted, sometimes falsely, and to lose their voting rights. And what about those who are convicted of felonies but have a lawyer who successfully petitions the court to have the felony conviction removed or who can convince a governor or president to issue a pardon?
If those who are disproportionately harmed by our current system are disproportionately removed from the ranks of eligible voters, politicians will have no reason to address the inequities against those groups.
Rather than passing laws that have the potential to harm citizens' constitutional voting rights and that have a chilling effect on non-partisan groups who help people register to vote, wouldn't it be better to tackle voter fraud directly?
My vote counts not only for the individual choices I make on each ballot, my vote counts because it means politicians have to recognize my existence.
To ensure that my vote counts properly, I also want to ensure than no
technological improvement has the ability to take my decisions away from me either through malfuction or fraud.