1. Some opponents of voter ID continue to claim that it is unconstitutional. That is simply not the case. The United States Supreme Court recently upheld Indiana’s voter photo ID law in Crawford v. Marion County Election Board. Justice John Paul Stevens wrote for the court that the photo ID requirement was constitutional because Indiana had a legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence. Examples in the trial court record of voter fraud and voter fraud investigations listed several states, including California, Pennsylvania, Illinois, Wisconsin, Maryland, Washington, Georgia, and Missouri.
2. Fifteen states request or require voters to provide photo ID. An additional 16 require ID, but not necessarily requiring one with a photograph. Nebraska is not considered one of the 31 states in either category. I think most Nebraskans would agree with me that it is surprising that this is not already the case, and they would not object to proving their identities before undertaking this important civic duty.
3. Since there are a small number of registered voters in Nebraska who do not possess Nebraska driver’s licenses or state identification cards, LB 239 would also permit these voters to use their voter registration cards to prove their identity. Election officials would provide these cards to voters in that situation in advance.
4. LB 239 would not require voters casting ballots by mail or voters who vote an early ballot to provide government-issued photo ID unless it is their first time voting, similar to other voter ID laws across the country. If a voter does not present any form of identification at the polls, LB 239 still protects the right to vote by allowing that voter to vote a provisional ballot. The election commissioner would then verify his or her identity as our current provisional ballot process requires.