Subject: Re: [EL] Voter ID expert for interview today
From: Jon Roland
Date: 1/28/2011, 2:21 PM
To: Vince Leibowitz
CC: Election Law <election-law@mailman.lls.edu>
Reply-to:
"jon.roland@constitution.org"

As written the Texas bill is unconstitutional. Specifically, a violation of the Poll Tax Amendment, since all the government issued IDs cost a fee. It would only be constitutional if the ID cards were issued free.

It is also unconstitutional to require something be presented that everyone is not required to have. There is no constitutional authority to require everyone to have ID, not even to have a name. Historically, there have been "no-name" persons, usually referred to in court pleadings by "John Doe" or "Jane Roe" even if the person is in custody. But they are still citizens qualified to vote.

What is needed is to add to the list of ID a notary acknowledgment. That is the traditional, and constitutional, identification system. It should be updated to digital certification, tied to biometrics, but the basic principle should be "circles of trust", not a central database. That allows identities to be altered by a few keystrokes by an anonymous clerk, perhaps changing you into a fugitive child-molester and cop-killer. Recall the movie, The Net, starring Sandra Bullock.
-- Jon

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