Texas Voter ID Ruling: In-Person Voter Fraud Not Required

No surprise that some of the election law “experts” aren’t saying much about this part of the Texas Voter ID opinion:


Contrary to the position taken by the United States, however, Crawford informs our analysis of SB 14 in two important ways. The first goes to purpose. It is crucial, we think, that the Court held in Crawford that Indiana could act to prevent in-person voter fraud despite the fact that “[t]he record contains no evidence of any such fraud actually occurring in Indiana at any time in its history.” Id. at 194 (emphasis added). Indeed, the Court emphatically held that “[t]here is no question about the legitimacy or importance of” this interest. Id. at 202-03 21  (emphasis added). After all, “the ‘electoral system cannot inspire public confidence if no safeguards exist to deter or detect fraud or to confirm the identity of voters.’ ” Id. at 197 (quoting Jimmy Carter and James A. Baker III, Building Confidence in U.S. Elections § 2.5 (Sept. 2005)). Given this, we reject the argument, urged by the United States at trial, that the absence of documented voter fraud in Texas somehow suggests that Texas’s interests in protecting its ballot box and safeguarding voter confidence were “pretext.” A state interest that is unquestionably legitimate for Indiana—without any concrete evidence of a problem—is unquestionably legitimate for Texas as well.