[EL] in-person voter fraud Washington 2004 follow up

[Scarberry, Mark]

I'm sure this point has been discussed to death. But it seems to me that one reasonable rationale for a voter id requirement is that it will increase the confidence voters feel in the voting system. 

It's useful to educate people that, at least at this point, there does not seem to be much voter impersonation fraud, other than perhaps in absentee voting. But the education effort is not likely to succeed very well. (Of course, it would also be useful if everyone were careful with the facts, so that public fear of voter impersonation fraud is not increased beyond whatever level is justified.)

It is a real and substantial good for our society when confidence in the voting system is increased. Whether achieving that good is worth the trouble caused to some voters by voter id laws is a fair question. 

Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
Malibu, CA 90263
(310) 506-4667


-----Original Message-----
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David A. Schultz
Sent: Sunday, July 31, 2011 12:56 PM
To: rhasen at law.uci.edu
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] in-person voter fraud Washington 2004 follow up

Rick:


Good question and you make my point.  I think studies on photo Id claiming that deter voter fraud run the same problem as any other study about criminal laws and claims that deter xyz.  It is impossible to prove deterrence.


Conversely, I have yet to see a good study that really documents the impact of voter ID laws on suppressing voting.  I think there are research design issues, ecological fallacy problems, and perhaps a host of other issues that make it difficult to ascertain  the real impact.


Having said that, American history is littered with many policies, enacted with the belief they will achieve certain results, and they do not.


David,
Have you applied the same examination of evidence to the question whether voter identification laws actually deter much voting?  The best study I've seen on the question indicates that the issue may not be empirically resolvable, at least not yet.
Rick
David Schultz, Professor
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>>> Rick Hasen  07/31/11 2:44 PM >>>


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