Messing with the Constitution for Partisan Gain

Minnesota is one of several states that either has or is enacting voter ID laws, all pushed exclusively by Republicans. These require that you have a current picture ID, such as a driver's license, in order to vote. Some states accept other forms of ID, such as a gun license, but disallow other forms of identification with pictures, such as student IDs.

Proponents of such laws, exclusively Republicans, claim that there's an epidemic of voter fraud. During the Bush administration Karl Rove and Attorney General Alberto Gonzalez demanded that US attorneys push the prosecution of these sorts of cases. The episode resulted in both Rove's and Gonzalez's resignations.

In 2010 the house and senate in Minnesota were won by Republicans, but a Democrat was elected governor. To get around a certain veto of voter ID legislation, the Republicans are trying to add a constitutional amendment to require photo IDs at the polling place.

This is a spectacularly stupid idea, as it's always a bad policy to monkey with the constitution for partisan hot-button issues, as well as clutter the constitution with picayune details of law enforcement that will certainly change as technology improves in the future. And it's completely unnecessary, because it's already illegal to commit voter fraud.

The ACLU, which opposes the amendment on the basis that  it's a form of poll tax because it would deny poorer citizens the basic right to vote if they don't drive or have a photo ID, challenged proponents of the law to find cases of voter fraud that would have been stopped by picture IDs at the polls. So far none of the submissions have panned out. The supposed strongest case submitted involved a mother who used an absentee ballot to vote in her daughter's name, while the daughter voted at her school. But no IDs are checked when you fill out an absentee ballot--that's the whole point of absentee ballots.

Basically, the number of people who commit voter fraud in Minnesota by walking into a polling place and claim to be someone who they're not is zero. Think about it: how many people have the gall to lie to an election judge's face, sign the roster with someone else's signature and face a felony charge? How will they know that the person they're pretending to be hasn't already voted? How can they know that the election judge won't know that person? In most jurisdictions, election judges are older people from the community who've worked at the polls for years if not decades. They pretty much know everyone who votes. If someone's trying to impersonate a dead man, the election judge may well have attended his funeral.

In Minnesota, election judges have the responsibility to challenge suspected fraudulent voters. Under certain circumstances the roster at the polling place will already have a notation requiring that the election judge check the voter's ID. If they don't have ID there's already a form to fill out and several questions to answer and they fill out a provisional ballot instead of a regular one. Similar rules apply to people who register to vote at the polls.

To prevent further skulduggery, critical processes performed by election judges are required to have judges from two different parties. Such activities include initializing voting machines, signing the totals at the end of the day, taking results to city hall, assisting voters who need help filling out their ballots, etc.


Now some of you will say, "Wait a minute. If you've got an inside man at the polling place, you can commit fraud on a massive scale." And, yes, that's true. But photo ID does absolutely nothing to prevent that, and would perhaps make it easier because of the false sense of security that photo ID provides.

Furthermore, any kind of organized and sophisticated voter fraud scheme involving impersonation of individuals wouldn't be slowed down by photo ID; fake IDs are ubiquitous. How could an election judge possibly tell a valid license from a good fake? It's trivial for teenagers to get forged IDs to buy booze and get into clubs. All you really need to forge drivers licenses is a supply of blank cards, a computer, a printer and a laminator. You can do it all in the back of a van outside the polling place.


The current system in Minnesota has worked well for decades, and was improved after the close contest between Franken and Coleman 2008. Suggestions Democrats made in reaction to voter ID would actually provide more security than the ID would. It would put the burden on the state to validate the voter's identity by giving the election judge a picture of the voter with an electronic roster. A person registering at the poll would have their picture taken, which would be a solid deterrent against those attempting fraud. The Republican constitutional end-run around the governor smells like voter suppression and an attempt to avenge Coleman's loss.

To be sure, significant voter fraud has taken place in other states, and I have no doubt that a small amount of voter fraud is taking place in Minnesota. But not by people impersonating others at the polls, and it wouldn't be stopped by the voter ID amendment. Real electoral fraud involves absentee ballots and voting in the wrong jurisdiction or in multiple jurisdictions, most often by people who think they have the right to vote everywhere they own property. People like, say, Ann Coulter, who has had brushes with the law because she voted in Connecticut while being registered to vote in New York.

The biggest potential for voter fraud in Minnesota is not at the polls, but with absentee ballots. These are most often used by the elderly (who move to warmer climes in the fall or are too infirm to vote in person), military personnel, people who travel extensively and students. Because there is no photo ID requirement whatsoever for absentee ballots and no one to check that ID, there's no way to know who filled out an absentee ballot. There's a signature check, but in most jurisdictions that's against the form you filled out to request the absentee ballot in the first place. And who's to say the actual voter filled that form out, or that the people who check those forms actually are competent at comparing signatures?

There are likely hundreds of thousands of elderly Americans who are no longer mentally competent whose children or nursing home attendants are voting two or more times by filling out absentee ballots with their own choices. And there probably thousands of students whose parents are voting twice, and thousands of military personnel whose spouses are voting twice. And thousands of retirees and people who own vacation homes who are voting in multiple jurisdictions.

In short, Republicans are locking a technical solution into the constitution to fix problems that don't exist, wasting taxpayer money and creating needless bureaucratic hurdles for people who don't drive or are too poor to afford a car. They are trying to deny the rights of the poor by pretending to prevent an unlikely crime by a few, all the while blithely ignoring the real potential for rampant fraud by the many with absentee ballots.

To really stop absentee ballot, voter impersonation and dead-man voter fraud, we would need a nationwide computer network that linked all jurisdictions, and we would need to assign a unique voter ID to each person, and we would need to ensure that each person only had one ID, and we would need a national registry of all births and deaths based on that ID. Most Republicans would claim this is government overreach and Big Brotherism at its worst. And then we'd have to ensure that this computer network couldn't be scammed by hackers and fraudsters trying to manipulate election results from the top down.

Because that's the real threat: why commit electoral fraud by impersonating people one at a time, when you can buy elections wholesale by controlling the private companies who run the computers that count the votes?