(updated 1/5/2006)
The League of Women Voters of Albuquerque Bernalillo County has voted to join the American Civil Liberties Union (ACLU) of New Mexico in the civil rights lawsuit to declare Albuquerque's recently passed Voter ID Amendment "unconstitutional, illegal, null and void." The lawsuit was filed in federal court in October.
The new law requires people who vote in person to present a "current valid identification card containing the voter's name and photograph." However, absentee voters are exempt from any photo iD requirements. Because the new law applies different standards to voters depending on how they choose to vote, the complaint alleges that it violates the Equal Protection Clause of the Constitution. To vote in person you will have a greater burden, the requirement that you show a valid and current photo ID, than if you vote by absentee ballot. Additionally, the complaint states that the Albuquerque Voter ID Amendment violates the Civil Rights Act of 1964. As stated in the complaint, the new law imposes additional qualifications (e.g., passing a New Mexico driver's examination and paying for a valid current driver's license, having credit sufficient to receive a commercial transaction card, belonging to a professional organization or union) upon the right to vote for those voters who vote in person than required of voters who vote by absentee ballot." This law creates two classes of voters.
The Civil Rights Act of 1964 is also violated because a voter could be denied the right to vote solely on the basis of what they bring with them to the polling place. The Albuquerque Voter ID law would deny the vote to those who either do not possess a current and valid photo ID or who failed to bring one with them to the polls. Yes., you are given an option to vote on a provisional ballot if you fail to bring a photo iD to the polling place. But, to make that provisional ballot count, within 10 days you have to go downtown to the City Clerk's office, show appropriate ID, and only then will your vote be counted. If initially intimidated by the complicated process, the voter may just not vote.
The League of Women Voters has traditionally opposed anything that could discriminate or potentially discriminate against any group of voters. The right of every citizen to vote has been a basic League principle since its origin. As Impact on Issues states "protecting the right to vote is indivisibly part of the League's basic purpose." Some argue that requiring photo ID could be considered the equivalent of a modern poll tax, a barrier placed in front of those who would be intimidated the most, the elderly voters, those who don't speak English, minorities and the homeless. Instead of doing everything possible to encourage participation in the electoral process, this strict voter identification requirement may discourage voters from voting in Albuquerque elections.
What about the question of voter fraud? New Mexico state law enacted in the 2005 legislative session does have voter identification requirements to address concerns of voter fraud in state elections. Before voting in person, a voter is required to show a physical form of identification such as a current and valid photo identification or a utility bill, bank statement, government check, paycheck, student identification card or other government document, or the voter is given the option of providing name, year of birth and what is called a "unique identifier,"-- the last four digits of the Social Security Number. Absentee voters are required to give the year of birth and the last four digits of the SSN.
If you have any questions regarding the League's participation in the lawsuit, please do not hesitate to contact our President. Diane Goldfarb or Josephine Porter.
Submitted by Josephine Porter