The Myth Of Voter Fraud
By Michael Waldman and Justin Levitt
Thursday, March 29, 2007; Page A19
As Congress probes the firing of eight U.S. attorneys, attention is centering on who knew what, and when. It's just as important to focus on "why," such as the reason given for the firing of at least one of the U.S. attorneys, John McKay of Washington state: failure to prosecute the phantom of individual voter fraud.
Allegations of voter fraud -- someone sneaking into the polls to cast an illicit vote -- have been pushed in recent years by partisans seeking to justify proof-of-citizenship and other restrictive ID requirements as a condition of voting. Scare stories abound on the Internet and on editorial pages, and they quickly become accepted wisdom.
But the notion of widespread voter fraud, as these prosecutors found out, is itself a fraud. Firing a prosecutor for failing to find wide voter fraud is like firing a park ranger for failing to find Sasquatch....
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Identification requirements often sound simple. But some types of paperwork simply aren't available to many Americans. We saw this with the new Medicaid proof-of-citizenship requirement, which led to benefits being cut off for many longtime citizens. Some states insist that voters provide photo IDs such as driver's licenses. But at least 11 percent of voting-age Americans, disproportionately elderly and minority voters, lack the necessary papers. Required documentation such as naturalization paperwork can cost as much as $200. By contrast, when the poll tax was declared unconstitutional in 1966, it was $1.50 ($8.97 in 2007 dollars).
Congress should use this controversy as an opportunity to address true issues of voter protection. Experts have concluded that the most significant threat of fraud comes from electronic voting systems, now used by 80 percent of voters....
Those investigating the U.S. attorney firings should ask what orders went out to other prosecutors in the run-up to the 2006 election. Prosecutors are not hired-gun lawyers on a party payroll. They have a special duty to exercise their power responsibly, particularly in the context of a heated election. Pressure on prosecutors to join a witch hunt for individual voter fraud is a scandal, not just for the Justice Department but for voters seeking to exercise their most basic right.
(Michael Waldman is executive director and Justin Levitt is an attorney at the Brennan Center for Justice at New York University School of Law.)
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