A Case For Voter ID?

Indiana Democrats maintain that the state's Voter ID law is unconstitutionally burdensome for some voters and seeks to remedy a problem which doesn't exist. I stumbled onto this contested Chicago aldermanic race today which I think supports having a voter ID law. The 49th Ward of Chicago doesn't at first blush seem to be a likely place for voter fraud. It's a northside, lakefront ward in the Rogers Park neighborhood. Joe Moore, the current Ward 49 Alderman, defeated challenger Don Gordon in an April runoff election by 247 votes. Gordon filed a lawsuit seeking a recount. His complaint identifies hundreds of illegally cast votes in more than 20 precincts. Specifically, Gordon's suit claims:

• Votes were cast by persons not registered in the precinct;
• Votes were cast by persons registered to vote but who had become disqualified to vote;
• Votes were cast by one person in the name of another person;
• Votes were cast by persons who voted more than once in the election;
• Votes were cast by persons who failed to sign an application for a ballot; and
• Votes were cast by persons who unlawfully assisted the voter in casting a vote.

A review of the list of methods allegedly used to cast votes illegally tells me that a Voter ID law could have prevented at least some of the alleged voter fraud. If this happened in Ward 49, I think it's a safe bet that it's happening in many other wards in the City of Chicago. Alderman Moore and the Cook Co. Election Board attempted unsuccessfully to get Gordon's election challenge thrown out, but Cook Co. Circuit Court Judge Marsha Hayes turned down his request this week, allowing discovery in the case to move forward. According to a website supporting Gordon's challenge, this will be the first time in Chicago history a recount has been conducted in a Chicago aldermanic race based on voter fraud. In a June 9 letter to the editor published in the Chicago Sun-Times, Gordon explained the election contest:

The April 17th run-off election gave our incumbent an apparent 251-vote victory out of 8,000 votes cast. Facts, however, do not support the result. Three other residents – Eileen Foxman, Eva McCann, and Blane Roberts – joined as plaintiffs, citing the egregious voting irregularities they witnessed. Numerous calls and emails from voters reported illegal voting, electioneering by the incumbent and improper actions by polling place judges. Those irregularities may likely change the outcome of the election.

As might be expected, the defendants moved to dismiss the charges so they will not have to defend the results. However, election irregularities have been dismissed for too long and damage our democracy. On June 22nd the judge will hear oral arguments and rule on the motions to dismiss. If denied, as we believe it should be, all Chicagoans will benefit by allowing a full investigation of the election results that includes every aspect of the election.

This will be an interesting case to follow. If the lawsuit lives up to its allegations, it could lead to more election reforms, including the need for a Voter ID law. It is worth noting that the 7th Circuit Court of Appeals, which upheld the constitutionality of Indiana's Voter ID law, is based in Chicago and has appellate jurisdiction over federal cases in Illinois. This case is in Cook County's circuit court. A federal district court judge turned down the defendants' request to remove the case to federal court. Stay tuned.