[EL] ELB News and Commentary 2/19/12 KS voter ID

[Robbin Stewart]

http://ballots.blogspot.com/2012/02/does-kansas-voter-id-requirement.html

Does the Kansas voter ID requirement violate the 24th Amendment?
See http://electionlawblog.org/?p=30174

In order to vote in Kansas one needs state photo ID. For almost everyone,
that's a driver's license. The fee for a driver's license, every 4 years,
is $23.00. $16 for the license, $8 for the photo, $3 for a written test.

The twenty-fourth amendment, section 1, reads:

The right of citizens of the United States to vote in any primary or other
election for President or Vice President, for electors for President or
Vice President, or for Senator or Representative in Congress, shall not be
denied or abridged by the United States or any state by reason of failure
to pay any poll tax or other tax.

It seems to me that Kansas is making voting contingent on showing proof of
having paid $23.00.

That seems to me, and I realize my views are biased, to be at least a prima
facie violation of the 24th Amendment. The only precedent is Harman v.
Forssenius, 380 U.S. 528, 538–40, 543–44 (1965), which viewed the Amendment
as barring any kind of financial obstacle to voting, under what appears to
be a strong standard of review. Since lower courts are required to follow
Supreme Court precedents, even those that they disagree with or think are
outmoded, it would seem improper for a court not to grant an injunction at
least pending appeal. On the other hand, at least two courts so far have
denied injunctive relief. I cannot predict whether the current supreme
court will choose to overturn Harman.

I cannot predict whether the current administration will step in to enforce
the constitution; I suspect that it won't. I assume it has the legal power
to do so, political power is another matter. On the other hand federal
jurisdiction is not my strong suit.

This is the same issue as here in Indiana,and is closely related to the
issues currently being litigated in Wisconsin, where a preliminary
injunction was denied but the case is proceeding to trial. I do not know
whether the WI plaintiffs will appeal the denial of preliminary injunction.

Kansas secretary of state Kris Kobach assures us the statute is
bulletproof. He is either lying, wrong,or misquoted. Whether Kansas' voter
ID program is unconstitutional is an open question, both legally and
politically.
It does appear to be consistent with the state constitution, which allows
the legislature to set standards for proof of citizenship for voting.

 “Document fees for ID to vote in Kansas raise
concerns”<http://electionlawblog.org/?p=30174>
> Posted on February 19, 2012 9:18 am <http://electionlawblog.org/?p=30174>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Important story<http://www.kansascity.com/2012/02/19/3438611/document-fees-for-id-to-vote-in.html>:
> “A coalition is considering a lawsuit challenging the constitutionality of
> the state’s new voter photo identification law, but Secretary of State Kris
> Kobach is confident the law will hold up in court. The need to pay for some
> underlying documents in order to obtain a free ID appears to be a key
> issue, although the Kansas Voter Coalition wouldn’t talk about specific
> legal strategies. More than a half-dozen groups, including the Kansas
> chapters of the League of Women Voters and American Civil Liberties Union,
> make up the coalition.
>  [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D30174&title=%E2%80%9CDocument%20fees%20for%20ID%20to%20vote%20in%20Kansas%20raise%20concerns%E2%80%9D&description=>
>   Posted in election administration <http://electionlawblog.org/?cat=18>, voter
> id <http://electionlawblog.org/?cat=9> | Comments Off
>
>
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