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What is election law regarding requiring ID? If don't have can't vote??

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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-04-05 09:55 PM
Original message
What is election law regarding requiring ID? If don't have can't vote??
Or have to sign affidavit?? or have to vote provisional??

If one doesn't have ID and votes provisional, how do they verify that the person was the correct voter?? Does the voter sign the provisional? or do they compare the signature on voter log??


A large number of people in many states weren't allowed to vote due to not having ID. I suspect that most were minority voters.


Did most people have to show ID? (I didn't)
Was requirement of ID mostly in minority precincts or of minority voters? Or was it equally enforced?


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gaia_gardener Donating Member (333 posts) Send PM | Profile | Ignore Fri Mar-04-05 09:57 PM
Response to Original message
1. I've never shown ID to vote
I've voted in 4 different districts in OK and never showed ID. Mr Gaia showed ID once at our last precinct (we are white).
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Up2Late Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-04-05 10:10 PM
Response to Original message
2. Here's a link to the Voters' Bill of Rights
At the Lawyers' Committee for Civil Rights Under Law website <http://www.lawyerscomm.org/ep04/ep0920/vbr.html>
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minorjive Donating Member (66 posts) Send PM | Profile | Ignore Sat Mar-05-05 12:01 PM
Response to Original message
3. the law is different in every state as is the implementation
the law can presumably be found on SoS websites and/or state BOE sites. The implementation and what happened to voters will require more research. And the info about what actually happened from state to state is probably incomplete, at best.

There is a basic provision in HAVA that first time voters who register by mail have to show ID. This was one reason why so many new voters who registered through get out the vote campaigns in communities of color ended up having to cast provisional ballots which weren't counted.
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-06-05 04:01 PM
Response to Reply #3
5. Don't think that has much to do with it. EIRS cases don't seem to match
that problem. It appears that minorities were usually asked to show irregardless of whether voted before and others mostly not-
but some precincts asked everyone to show- suspect those were mostly minority precincts though.

I never have to show mine- but they know me.
I think there was an extreme difference in who was asked to show ID,
the number and type IDs asked for, and the enforcement action if voter didn't have the particular ID requested. Not all have drivers licences and not all pay utilities- but that should have nothing to do with right to vote.

Large numbers of eligible voters were denied the right to vote based on some officials (often invalid) interpretation of voting regs.

In many places its clear IDs and the provisional scam were just manipulations to not let a lot of minorities vote.

Similar to the related widespread systematic dirty tricks in minority precincts of most states to confuse minorities on polling place(officials also took part in this) and then not count their vote when they voted in the wrong precinct that they had been sent to vote in.


see DT in http://www.flcv.com/ussumall.html
(much malfeasance out there in election system)

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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-05 05:46 PM
Response to Original message
4. I worked the polls in New York.
We were allowed to ask for ID if we had doubts about the person. Usually for every dem challenged there was a repub challenged, just to keep the level of annoyance even. (Even if it was a dem who challenged a dem ... sometimes signature's really didn't look the same.) ID meant "government issued"; an electric bill did cut it.

Never turned a single person away.
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-06-05 04:02 PM
Response to Reply #4
6. But many states turned huge numbers away- see the EIRS cases
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MissWaverly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-05 08:44 PM
Response to Original message
7. HAVA requires a valid photo ID
Edited on Mon Mar-07-05 08:44 PM by MissWaverly
page 116 STAT. 1712

(I) presents to the appropriate state or local election official a current and valid photo identification.

Remember I could not vote in Baltimore, MD, without a photo ID, and my voter registration card.

edited for typo
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-05 09:36 PM
Response to Reply #7
8. many were required to have more than photo ID, and apparently all don't
have photo IDs. What kind of photo ID would a person who doesn't drive have? There are many such. What are they supposed to do.
What are the options?

And many were turned away for not having utility bills in their names, and I suspect the majority don't have utility bills in their names. I don't. and I'm a homeowner.


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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-05 10:37 PM
Response to Reply #7
10. I think that HAVA section (1712) refers to REGISTRATION.
I'm not sure how state laws works, though I thought there were some that do indeed require Photo ID to VOTE.
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-05 09:41 PM
Response to Original message
9. Don't many states have provision to vote PB and follow up by documenting
you are the voter?

If so, how is this supposed to be done?

I think most states allow provisional votes for challanged voters with chance to show you are eligible. Is this true?


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MissWaverly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-05 05:16 PM
Response to Reply #9
11. think again
In many places in Maryland, they refused to give out provisional ballots, if there was any questions on your qualifications, YOU did not vote, end of story, period.
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MissWaverly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-05 05:34 PM
Response to Reply #9
12. more on HAVA Page 116 STAT. 1712
Here is what HAVA reads, it's more liberal than I thought, notice it does not say that you are required to have a voter registration card.

(2) Requirements.--
(A) In general.--An individual meets the requirements of this paragraph if the individual--
(i) in the case of an individual who votes in person--
(I) presents to the appropriate State or local election official a
current and valid photo identification;
or
(II) presents to the appropriate State or local election official
a copy of a current utility bill, bank statement,government
check, paycheck, or other government document that shows
the name and address of the voter; or
(ii) in the case of an individual who votes by
mail, submits with the ballot--
(I) a copy of a current and valid photo identification; or
(II) a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows
the name and address of the voter.
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-10-05 12:01 AM
Response to Reply #12
15. Many hundreds of thousands were not allowed to vote who did this
Edited on Thu Mar-10-05 12:05 AM by berniew1
see the EIRS cases
http://www.flcv.com/ussumall.html

Many places excluded as many minorities as possible for voting for whatever excuse they could come up with at the time- there was no
systematic evenly carried out policy involved.
Simply keep as many minorities and students from voting as possible for whatever excuse seemed plausible at the time.

Students were systematically excluded from voting in most states similar to minorities- the polls must have shown they were heavily
Dem
For huge numbers of cases in many states see
http://www.flcv.com/studentv.html


They were also systematically given misinformation by poll workers, officials, and through GOP dirty tricks to confuse them as to which poll to vote at, and lose their vote through giving up or voting provisionally in the wrong precinct. And the disinformation campaign was hugely successful in that regard. But too few machines, too few workers, and systematically broken machines, very long lines in minority and student precincts also happened in most states- and was part of the overall process to make sure not many minorities and students got their vote counted.

see the cases with suppr

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read the law first Donating Member (398 posts) Send PM | Profile | Ignore Tue Mar-08-05 09:25 PM
Response to Original message
13. Minority voters = No I.D.? It's a lie.
The last election during early voting, I worked for a week all day long in an area that was 99.5% African-American. EVERYBODY that I saw the whole week had a picture i.d. and had no problem producing it. It is a racist lie from the pit of hell that minority voters are somehow too shifty or criminal or stupid to have an i.d. card and I'm ashamed that DEMOCRATS seem to be the only people perpetrating this lie.
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MissWaverly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-05 10:00 PM
Response to Reply #13
14. not saying that
what I said I had an photo ID, and I was told in Baltimore City, that was not good enough, that I had to have my voter registration card, also I heard of an old woman who was not allowed to vote because she brought her social security card as an ID, I know that it was very difficult to vote in Baltimore City, the voters were treated very rudely and I saw a blind man, told very rudely that why did he expect any EXTRA help, WHO did he think he WAS, he would JUST have to WAIT his turn LIKE everybody else (we are talking about a 2 hour wait here.)
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-10-05 12:15 AM
Response to Reply #13
16. Having an ID did not make much difference in whether they got to vote in
Edited on Thu Mar-10-05 12:17 AM by berniew1
lots of cases; they found reasons depending on what they had; photo ID? then what about utility bill? or ???
And its clear in very many cases, the poll workers just told them they weren't on the list- when in fact they were. Or steered them to the wrong precinct where they lost their vote. See the huge numbers of such cases reported, in many states.

But while most do have drivers licences, some don't; and some based on past experience or something else don't remember to take it with them. Especially those that don't drive.

In most cases, you will see the precincts that had consistently the longest lines and longest waits, had very low "official" turnout statistics. It wasn't because they didn't turn out. It was because they weren't allowed to vote or weren't counted.
And there were huge numbers of such precincts in many counties of many states.
Maybe it would help if I post some of the cases. Some may not have gone through my cases due to the huge volume there.


I think people in every state should go through the cases and follow up on reporting the huge amount of obvious misfeasance and malfeasance that is documented in the Case reports. Most precincts are identified but in some cases names or descriptions are given.


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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-10-05 12:19 AM
Response to Reply #13
17. I heard, "too poor" and "difficulty in traveling to get one"
The latter, especially for the disabled.

I had thought that any governmental service contact would be an opportunity to get an ID. But I bought into the argument, especially because of my concern for the disabled.

Would you comment further?
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 11:07 PM
Response to Reply #17
18. some Alabama & Colorado ID cases
044173 11/02/04, 2:34 PM PST Voter Intimidation Inglenook Elementary, 5909 Inglenook, Birmingham, AL, Birmingham, Jefferson County, Alabama Officials refusing to allow voters with proper ID and registration cards. Caller has reported 3 separate incidents. Provisional officer told voter her vote, a provisional ballots, would not count.
*****************
021713
11/01/04, 10:20 AM PST Absentee-ballot related problem Jefferson County, Alabama Caller's son is in college at University of Arkansas. He filled out an application for a absentee ballot and provided a utility bill and a copy of his driver's license with his application. In a 10/29/04 letter from Ann Marie Adams of the Jefferson County circuit court, rm 400, they were notified that although his application had been received, the proper identification was not.
*************
& Colorado
052821 11/04/04, 2:45 PM PST Provisional ballot problem Hillside Cummunity Center, Colorado Springs, El Paso County, Colorado voter arrived at the correct polling place with all the correct ID and with her voter registration card, but was forced to vote a provisional ballot.
**********************
053533 11/05/04, 12:48 PM PST Absentee-ballot related problem; Registration-related problem; Voter Intimidation; Identification-related problem
malfeasance Palmer High Gym, Woodland Park, El Paso County, Colorado (Transcriber's note: this person appears to have been a partisan poll watcher filing a complaint with us) " judges were telling people to vote provisional regardless of whether that was the most appropriate procedure. People had *not* requested absentee ballots and were told to vote prov without additional info. People were not told if they vote provisional in the wrong precinct only their presidential choice would count. I was told as a poll watcher that I could NOT tell people their rights as voters."
***********************
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gmoses Donating Member (105 posts) Send PM | Profile | Ignore Tue Mar-15-05 05:34 PM
Response to Original message
19. follow up on the Georgia case
March 15, 2005
Why Are Top Republicans Lawyers in Two States Suddenly Working on "Voter Integrity?"
The Fix-It Guys and Their Election Filters

By GREG MOSES

http://www.counterpunch.org/moses03152005.html

In light of our recent interest in the de-registration and criminalization of the voters of West Houston, news from Georgia comes timely. Last Friday, the Democratic Caucus of the Georgia Senate staged a symbolic walkout following that chamber's passage of a bill that would limit the kinds of ID that can be used to register and vote.

SNIP

The parallels between Texas and Georgia raise questions that can be asked of other states in turn. Are your top Republican lawyers hyping issues of registration integrity, raising specters of nefarious voters planning massive acts of fraud, playing up fears that have no basis in election facts, installing new filters into law that will make voting even less hospitable? And your local election activists? Are they so obsessed with issues of verified counts that they remain blind to all other issues in voting rights?

POSTED at Tuesday 3/15 Election Fraud, Reform, & Updates Thread
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=344047&mesg_id=344147&page=
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