National Review editor Rich Lowry launched a deceptive attack on Hillary Clinton for speaking out against voter ID laws that suppress minority voting by pushing falsehoods on the legislation and ignoring the hundreds of thousands of citizens a new voter ID law in North Carolina will reportedly disenfranchise.
On August 12, the governor of North Carolina signed into law a controversial voting bill that “overhauls the state's election laws” by requiring government-issued photo IDs when voting, reducing the early voting period by one week, and ending same-day registration. A majority of North Carolinians do not support the legislation, which is expected to reduce minority turnout.
In a Politico opinion piece, Lowry criticized comments Clinton made at the American Bar Association in which she noted that the Supreme Court's recent decision to strike down a portion of the Voting Rights Act would lead to disenfranchisement, particularly of minority voters, all in the name of the “phantom epidemic of voter ID fraud.” Lowry claimed that Clinton was using the issue to play the “race card” in an attempt to “fire up minority voters by stirring fears of fire hoses and police dogs,” and pushed a number of falsehoods related to the new North Carolina legislation to falsely claim it was simply part of “the American mainstream” and “a victimless crime.”
Lowry's arguments -- which rely heavily on the discredited research of right-wing voter ID activist Hans von Spakovsky, who has been exposed as resorting to shady tactics like scrubbing his fingerprints off the web and “fudging questions of authorship” in his quest to limit voter participation -- include the claim that North Carolina is simply becoming “one of at least 30 states to adopt a voter ID law” and is therefore “common-sense.” In fact, only four states besides North Carolina enforce the “strict photo ID” requirement the state passed, which means a voter cannot cast any ballot without first presenting an ID. In other states, if a voter does not have an ID, they have other options for casting a regular ballot, such as establishing their identity with a paycheck or signature match. The majority of states either have no voter ID law or no photo requirement.
The Brennan Center For Justice noted that strict photo ID laws such as North Carolina's "[offer] no real solution" to the little voter fraud states might experience, such as the two cases of alleged voter impersonation that have been referred by the North Carolina State Board of Elections since 2004:
[A] strict photo ID requirement cannot address problems related to long lines, inaccurate voter registration lists, or voter malfeasance like double voting, felon voting, or vote buying. The only type of voter malfeasance that photo ID can address is voter impersonation. A photo ID requirement is the worst kind of electoral policy solution -- it creates an illusion of security while offering no real solution to any identified problem with election administration, while simultaneously creating real consequences for many legal and qualified voters.
Lowry also pushed the idea that a 2008 Supreme Court decision meant the “constitutionality of voter ID isn't in doubt.” But according to the Brennan Center, “it is a mistake to presume that the Supreme Court's 2008 decision in Crawford v. Marion County means that all strict voter ID laws would be constitutional in all circumstances,” and North Carolina's law will have to be reviewed to ensure it doesn't overburden voters before its constitutionality can be determined. Justin Levitt, previously of the Brennan Center, also disputed claims similar to Lowry's that voter ID doesn't suppress voters because states with voter ID laws had high turnout in some races by noting the comparison was a “correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it.”
But Lowry's disregard for the facts distracts from the real issue: that these laws disenfranchise American citizens. North Carolina's voter ID legislation alone could disenfranchise hundreds of thousands of registered voters. As The Nation's Ari Berman reported, 316,000 registered voters in North Carolina don't have the required state-issued ID, and over 100,000 of those individuals are African-American. Furthermore, CBS News reported that 70 percent of African-Americans in North Carolina voted early in 2012, which will now be available on 10 days instead of 17 thanks to this new law.
The American Civil Liberties Union and Southern Coalition for Social Justice have filed suit against the North Carolina law, saying that eliminating several early voting days, same-day registration, and “out-of-precinct” voting will “unduly burden the right to vote and discriminate against African-American voters” in violation of the Constitution. The ACLU explained that early voting particularly helps low-income workers who are more likely to have hourly-wage jobs or childcare concerns that limit their ability to get to the polls on Election Day, and because African-Americans experience higher rates of poverty in North Carolina, “a reduction in early voting opportunities will disproportionately impact voters of color.”
Dale Ho, director of the ACLU's Voting Rights Project, noted that when Florida enacted similar laws before the 2012 election, hundreds of thousands of voters were unable to vote due to long lines, burdens which “fell disproportionately on African-American voters.” A study by the Orlando Sentinel found that at least 201,000 Floridians were deterred from voting because of hours-long lines at polling stations.
This post originally did not make clear that the North Carolina law did not eliminate early voting, but reduced the number of days early voting is available. Media Matters regrets the error.