[EL] voter ID in absentee voting

[Edward Still]

Consider the following hypothetical:

John and Mary are married. John has Alzheimer's. Mary knows that candidate
Humbert Humbert needs every vote he can get. Mary forges John's signature
and gets an absentee ballot in his name. She copies John's still-active
photo ID, puts it with the ballot, and sends it in. She also votes in her
own name, in person.

Has the picture on the ID provided any deterrence? (Of course, she had to
have accomplices. Under Alabama law, she has to have John's signature
witnessed by a notary or by two non-notaries. But this is same number of
accomplices she would need if there were no photo ID required for the
absentee ballot.)


Edward Still
Edward Still Law Firm LLC
130 Wildwood Parkway, Suite 108, PMB 304
Birmingham AL 35209
205-320-2882 (voice & fax)
  still at votelaw.com
  www.votelaw.com/blog
  www.edwardstill.com
  www.linkedin.com/in/edwardstill <http://www.linkedin.com/in/edwardstill>


On Thu, Aug 23, 2012 at 5:05 PM, Larry Levine <larrylevine at earthlink.net>wrote:

> If you were willing to put in all the time and effort it would take to
> find or forge a document in John Smith’s name for the purpose of casting
> one single extra ballot, then I say more power to you. Talk about a
> theoretical discussion … We are taking something less than a mole hill and
> turning it into Everest.****
>
> Larry****
>
> ** **
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Justin
> Levitt
> *Sent:* Thursday, August 23, 2012 2:47 PM
> *To:* law-election at department-lists.uci.edu
> *Subject:* Re: [EL] voter ID in absentee voting****
>
> ** **
>
> 1.  I believe that Kansas does.  (Wisconsin's law also does; it's been
> enjoined, in several cases now working their way through the appellate
> system.)
>
> 2.  If you believe that ID laws are actually intended to deter or prevent
> impersonation, requiring a photocopy of the ID creates some deterrent.  The
> absentee ballot is submitted in the name of a particular elector.  The
> photocopied document will have to be in the name of that same elector.  (If
> I wanted to vote John Smith's absentee ballot, I'd have to find or forge a
> document in John Smith's name.)  For those who use driver's licenses or
> state ID cards, officials would be able to cross-reference the number on
> the card against the ID number assigned to John Smith.  The deterrent isn't
> dependent on the photo.
>
> (Of course, the same is true for those voting in person, which may be one
> explanation for HAVA's existing safeguards, which aren't dependent on a
> photo either.)
>
> Justin
>
> ****
>
> On 8/23/2012 2:26 PM, Edward Still wrote:****
>
> Alabama requires a copy of the photo ID be included with the absentee
> ballot (in the mailing envelope and outside the ballot envelope). The NCSL
> summary of voter ID laws<http://www.ncsl.org/legislatures-elections/elections/voter-id.aspx#State_Reqs>does not mention this for Alabama, but does for Ohio.
>
> 1. Are there other states that require a photo copy of the Voter ID?
>
> 2. I don't really understand the idea of requiring the copy for absentee
> voting. If I go to vote at the polling place, the poll worker is supposed
> to compare my picture to the person standing in front of her. What do the
> absentee voting clerks compare the photo on the photo ID to?
>
> Ed
>
> Edward Still
> Edward Still Law Firm LLC
> 130 Wildwood Parkway, Suite 108, PMB 304
> Birmingham AL 35209
> 205-320-2882 (voice & fax)
>   still at votelaw.com
>   www.votelaw.com/blog
>   www.edwardstill.com
>   www.linkedin.com/in/edwardstill
>
>
>
> ****
>
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> ****
>
> -- ****
>
> Justin Levitt****
>
> Associate Professor of Law****
>
> Loyola Law School | Los Angeles****
>
> 919 Albany St.****
>
> Los Angeles, CA  90015****
>
> 213-736-7417****
>
> justin.levitt at lls.edu****
>
> ssrn.com/author=698321****
>
>
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