Besides Texas, states that enacted voter ID laws this year include Kansas, Wisconsin, South Carolina and Tennessee. Indiana and Georgia already had such requirements. The Maine Legislature voted to end same-day voter registration. Florida seems determined to go back to the chaos of the 2000 election. It shortened the early voting period, effectively ended the ability of registered voters to change their address at the polls, and imposed onerous restrictions on organized voter-registration drives.
In 2008, the U.S. Supreme Court, by 6-3, upheld Indiana's voter ID statute. So seeking judicial relief may be difficult. Nonetheless, the Justice Department should vigorously challenge these laws, particularly in states covered by the Voting Rights Act. And the court should be asked to review the issue again in light of new evidence that these laws have a real impact in restricting the rights of particular voter groups.
"This requirement is just a poll tax by another name," declared state Sen. Wendy Davis when Texas was debating its ID law earlier this year. In the bad old days, poll taxes, now outlawed by the 24th Amendment, were used to keep African-Americans from voting. Even if the Supreme Court didn't see things her way, Davis is right. This is the civil rights issue of our moment.
In part because of a surge of voters who had not cast ballots before, the United States elected its first African-American president in 2008. Are we now going to witness a subtle return of Jim Crow voting laws?
Whether or not these laws can be rolled back, their existence should unleash a great civic campaign akin to the voter registration drives of the civil rights years. The poor, the young and people of color should get their IDs, flock to the polls and insist on their right to vote in 2012.
If voter suppression is to occur, let it happen for all to see. The whole world, which watched us with admiration and respect in 2008, will be watching again.
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