Voter Registration

  • February 15, 2012
    Guest Post

    By Rob Richie and Elise Helgesen. Richie is executive director and Helgesen is a democracy fellow at FairVote, a nonprofit organization promoting voting rights and electoral reform.


    This November’s presidential election will present a stark choice between President Barack Obama and a Republican challenger, and voter turnout analysts predict a decline in voter turnout from our 62 percent turnout of eligible voters in 2008.

    Voter motivation is one reason why American turnout lags behind that of many nations. Most Americans experience limited choice and a relatively low chance of electing strongly favored candidates. For example, in 2010 only one in four eligible voters elected a Member of the U.S. House of Representatives (what we call “the Representation Index”). In contrast, in Denmark’s last elections, nearly five in six eligible voters elected representatives to its national legislature from an array of choices, voter turnout was more than 85 percent, and its system of proportional representation led to more than 95 percent of voters electing their preferred choice.

    Our broken voter registration system is a more direct barrier to participation. In fact, if every single registered voter participated this November, we still would trail many nations in turnout. According to a new study by the Pew Center on the States Election Initiatives, of some 220 million eligible American votes, more than 50 million aren’t registered to vote. Another 24 million voter registrations have serious data problems that could block or interfere with voting.

    It won’t take rocket science to ensure that every eligible voter is registered to vote and that all ineligible voters are not. What we need is a national commitment to take on the challenge, some start-up resources and smart use of existing databases. Other countries continue to modernize their systems, with international norms for voter registration rates typically well above 90 percent of eligible voters.

    Two nations provide recent examples of how it can be done. Chile last month adopted a law designed to register all eligible voters automatically. In its last presidential election in 2010, nearly a third of Chile’s 12 million voting-age citizens weren’t registered. With the new law, more than 4.5 million voters, mostly young adults, will be added to the voter rolls.

  • October 31, 2011

    by Jeremy Leaming

    Leading House Democrats are urging the Judiciary Committee to conduct a hearing on a raft of new state laws that they say could bar millions of voters from participating in next year’s general election.

    Citing a recent report examining the new laws, passed primarily by Republican-controlled statehouses, Reps. John Conyers Jr., ranking member of the Committee on the Judiciary, and Jerrold Nadler, ranking member of the Subcommittee on the Constitution, are calling on Republican Chairman of the Committee on the Judiciary Lamar Smith to “schedule hearings soon to address an issue so critical to our democracy.”

    The lawmakers’ letter cites a report issued earlier this month by the Brennan Center for Justice that concludes that the set of new stringent voter registration laws could affect “more than 5 million voters ….” As The New York Times reported in early October, the Brennan Center study said the new laws “could make it significantly harder for more than five million eligible voters to cast ballots in 2012.”

    Many Republicans have long claimed that stricter voter registration laws are needed to confront rampant voter fraud. But the Brennan Center and Reps. Conyers (pictured) and Nadler say there is no evidence that such fraud exists.

    The Brennan Center’s Executive Director Michael Waldman told The Times that the new laws are really intended to make it much more difficult for African Americans, young and poor voters to cast ballots in the 2012 presidential election. Waldman said the new laws represent “the most significant rollback in voting rights in decades.”

    In a column for Slate, Dahlia Lithwick and University of Virginia law school professor Risa L. Goluboff note the “ugly parallels between Jim Crow and modern vote-suppression laws.”

    The letter from Conyers and Nadler noted that the provisions requiring photo identification, excluding common forms of identification, such as student IDs and social security cards, and requiring proof of citizenship raise the “most serious concerns.”

    Citing the Brennan Center report called “Voting Law Changes in 2012,” the congressmen say the new voting law changes “will have a particularly significant impact on minority voters. The report concluded that African American and Hispanic voters were more likely to take advantage of early voting opportunities and register to vote through the types of voter registration drives now curtailed or eliminated by the new laws.”

    The two continue:

    Most critically, the Report noted that many of the new voter identification laws do not allow voters to present many forms of identification frequently used by minorities, the elderly, and the young. For example, the new Texas law allows for the use of a concealed carry gun permit to vote, but fails to recognize student IDs, Texas Veterans’ Administration identification and event Congressional identification. Further, Texas citizens must also spend $22 to obtain a birth certificate or up to $145 to obtain a passport to present the documentation necessary to acquire a form of ID required to cast a ballot.

    The letter also cites examples “of the anti-democratic impact of these new laws….” The two report, for example, that under Tennessee’s new voter registration law a 96-year old woman was denied a voter registration card because her birth certificate included her maiden name, “rather than her married name.”

    See the lawmakers’ entire letter here.

  • August 25, 2011
    Guest Post


    This post is part of an ACSblog symposium in honor of the unveiling of the Martin Luther King Jr. National Memorial. The author, Daniel Tokaji, is a Professor of Law at the Ohio State University Moritz College of Law. Professor Tokaji is also a member of the ACS Board of Directors.


    Martin Luther King, Jr. wrote that “the arc of the moral universe is long, but it bends toward justice.” But as he understood better than anyone, progress on civil and political rights is neither inevitable nor constant.  It takes hard work, courage, and perseverance.  Otherwise, injustices will fester and grow. The result will be stasis or, even worse, backsliding.

    So it was with the right to vote, which African Americans exercised for a brief period after the Civil War only to see it taken away until the 1960s. And so it is now, as many state legislatures move to enact laws that would impose new burdens on this most fundamental right. As we celebrate Dr. King’s legacy, we must also remember that the fight for civil and political rights continues. We cannot simply hope that the arc of justice will bend on its own. It is our responsibility to make it happen.

    If the history of voting rights teaches us anything, it is that articulation of a right is one thing, realization of that right quite another – and far more difficult – thing. The Fifteenth Amendment to the U.S. Constitution, ratified in 1870, states in no uncertain terms that “[t]he right of citizens of the United states to vote shall not be denied or abridged ... on account of race, color, or previous condition of servitude.” For a time, this promise was honored. African Americans voted in large numbers throughout the country, including in the states of the former Confederacy. Many African Americans also served in elective office during this period, with over 300 black legislators elected from southern states in 1872.

  • July 29, 2009
    Guest Post

    By Estelle Rogers, Consulting Attorney, ProjectVote

    The National Voter Registration Act (NVRA) has been a disappointment. When the statute was passed in 1993, the civil rights community hailed it as the capstone of the "voting rights revolution" begun by the Voting Rights Act of 1965. In a new report from Project Vote, "The National Voter Registration Act at Fifteen," voting rights attorney Estelle Rogers hones in on several of the most important provisions of the NVRA and finds their impact far less dramatic than expected. Despite the promise of the NVRA, voter registration problems were frequently cited as THE ISSUE marring the 2008 election, just as hanging chads were in 2000 and long lines in 2004.

    The NVRA was enacted in response to the shocking statistic that 44 percent of the eligible electorate did not vote in the 1992 presidential election. The legislation's sponsors believed that making it easier to register would eliminate one major barrier to low participation in the future. The primary means Congress chose to increase the number of registered voters was to mandate that registration be offered at places not generally used for that purpose, such as motor vehicle offices and public assistance and disability agencies. Actually, "motor voter" was the original concept. Other agencies were only added later, at the urging of voting rights advocates, who recognized that a broad swath of the American public-particularly low income and minority citizens-does not interact with the DMV at all.