Should Picture Voter IDs be a Requirement?

Opponents of requiring a valid photo ID for voters argue that this requirement disadvantages Black or other non-White citizens. Currently, the only generally available picture ID in the USA is the driver’s license. A study on teen and young adult driving behavior shows that approx. 53% of adult Black Americans have a driver’s license. The same study shows that approx. 76% of adult White Americans hold a driver’s license. A difference of 23%. I do not want to assume those who argue that the requirement of a picture voter ID disadvantages Black Americans insinuate that 47% of adult Black Americans are too lazy, too stupid, or too inept to obtain a driver license. Arrest and conviction rates may have an impact on Black driver’s license possession. 26.6% of all arrested persons in the USA are Black Americans, who make up only 14% of the population and the conviction/incarceration rate for Black Americans is almost six times higher than for White Americans. However, socio-economic factors may also influence driver’s license frequency. In 2023, the median Black household income was $56,490 and the median White household income was $89,050. While this disparity might constitute an impediment for Black Americans to obtaining a driver’s license, it does not seem to constitute the same impediment to legal firearms ownership among Black Americans, since approximately 25% of Black Americans legally own firearms compared to approximately 36% of white Americans. A difference of only 11%. Strangely, there is only a difference of 9.7% when it comes to car ownership: 82% of Black American households and 91.7% of White American households own at least one car. Do we have to conclude that 47% of adult Black Americans drive without having a valid driver license? Clearly, Black Americans do not seem to have a problem with picture IDs when it comes to owning or driving a car or owning a gun.

Here are 26 activities/situations for which one currently needs a valid picture ID (driver license) in the USA:

Boarding an airplane: Photo ID is required for domestic and international flights.

Checking into a hotel: Most hotels require photo ID upon check-in.

Opening a bank account: Banks require identification for account opening.

Crossing US borders legally: Depending on border and direction, a photo ID is often necessary.

Government assistance: Programs like SNAP or welfare might require ID for identity verification.

Buying age-restricted items: Alcohol, cigarettes, and certain medications require photo ID to confirm identity and age.

Driving: Possession of a driver license is necessary when driving or in traffic stops.

Pharmacies: Pharmacies might require a picture ID for controlled substances or new prescriptions.

Applying for a job: Many employers require a picture ID for employment verification.

Cashing checks: Financial institutions often ask for a picture ID to prevent fraud.

Getting married: Most states require a photo ID to obtain a marriage license.

Adopting a pet: Animal shelters or adoption agencies often require IDs for legal purposes.

Renting a hotel room: When checking into a hotel, a picture ID is often needed for security and verification.

Government benefits: To obtain Social Security or Medicaid benefits a photo ID is needed for identity verification.

Certain venues or events: Some movies or events require photo ID for age verification or security.

Enlisting in the military: A valid photo ID is part of the enlistment process.

Applying for a passport: Requires photo ID for identity confirmation.

Party Conventions: Attending Democratic or Republican National Conventions typically requires the presentation of a picture ID.

Entering a Cruise Ship: For both domestic and international cruises, a photo ID, often a passport for international travel, is required for boarding. Even for domestic cruises where a passport might not be mandatory, a government-issued photo ID like a driver’s license is typically needed for security and check-in purposes.

Applying for a Loan: Photo ID is required to confirm the identity of the applicant

Mortgage application: You generally cannot apply for a mortgage without presenting a picture ID. Financial institutions require photo identification as part of the Know Your Customer (KYC) regulations to prevent fraud, money laundering, and to verify identity. This is a standard procedure.

Buying a House: Picture ID is also required during the closing process where identity must be verified to sign legal documents.

Firearm Purchase: You cannot buy a firearm without presenting a photo ID. Federal law requires a background check, which necessitates showing a government-issued photo ID.

Concealed Carry License: Similarly, obtaining a concealed carry permit generally requires presenting a photo ID because of the need for identity verification, background checks, and to issue the permit itself.

Death and inheritance: Probate Court proceedings, accessing a deceased’s financial accounts, claiming life insurance benefits, transferring property titles, collecting pension and Social Security benefits, handling investment accounts, claiming vehicles, dealing with government benefits, closing utilities and other services, access to medical records, funeral home transactions, and legal representation all require presentation of a picture ID.

I have never heard anybody complain that the requirement of a picture ID for any of the above-mentioned activities disadvantages Black Americans.

Arguably, none of these activities is anywhere close as important as voting in our Federal elections. The USA is a democratic Republic. We are a republic, because we have separation of powers, because the people are the ultimate sovereign, because we have a constitution, and because we have a federal structure in which much of the power belongs to the States, to local governments, and to individual citizens. Our republic is democratic because the transition of power is not accomplished by civil war, inheritance, or coup d’etat but by general, equal, free, and secret elections. If we allow the democratic election process to be compromised or corrupted by allowing people to vote who are not legal citizens of this country, we are essentially destroying self-governance and our national sovereignty.

When I became a US citizen, the INS lady raised her hand in the air and gave her voice a dramatic tremolo: “And now,” she said, “you have the most important of all rights, the right to vote!” And indeed, she was right. It is citizenship that gives you the right to vote, i.e., to participate in the democratic and peaceful change of power in the American Republic. If you are not a citizen, you cannot vote in the USA, at least not in Federal Elections. While the Constitution and its various Amendments do not explicitly state that only US citizens are permitted to vote in Federal Elections, a law was passed in 1996 that does indeed prohibit non-citizens from voting in Federal Elections. The law is 18 U.S.C., and in § 611 it stipulates:

“It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing the President, Vice President, electors for President or Vice President, or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress.”

Just any picture ID does not prove citizenship. In fact, no picture ID that is currently common in the USA requires proof of citizenship. In California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Utah, Vermont, Washington, and Washington DC aliens can obtain a driver’s license without any proof of citizenship. Social Security numbers and cards can also be obtained by non-citizens.

In the USA, the driver’s license has morphed into a personal ID card. But it is not proof of citizenship and any voter ID would be useless if it does not require or imply proof of citizenship. Such proof could be a church-provided or government-provided birth certificate, a Certificate Naturalization, or perhaps sworn testimony, when no documentation exists at all. To make any race-based objection invalid, such a document could be provided by the government at tax payer’s cost.

Birth certificates are not only required for voting. Here are some key scenarios where a birth certificate is currently necessary in the USA:

1. Obtaining a Passport: To apply for a U.S. passport, a birth certificate is one of the primary documents needed to prove U.S. citizenship.
2. Enrolling in School: Most states require a birth certificate for school enrollment to verify age and identity for proper placement.
3. Driver’s License Application: When applying for or renewing a driver’s license in many states, a birth certificate is needed to confirm identity and age.
4. Social Security Card: To get a replacement Social Security card, you typically need to provide a birth certificate along with another form of identification.
5. Marriage License: Many states require a birth certificate when applying for a marriage license to verify identity and age.
6. Military Enlistment: Joining the military requires presenting a certified copy of your birth certificate as proof of identity and citizenship.
7. Government Benefits: Applying for various government benefits often requires a birth certificate to prove identity, relationship, eligibility, and age.
8. Voting: In some states, a birth certificate can be used for voter registration or to update voter registration, though requirements for ID vary by state.
9. Employment: Certain employers might ask for a birth certificate for background checks or to keep on file for identity verification.
10. Claiming Pension or Insurance Benefits: When claiming these benefits, a birth certificate can be required to verify identity and age.
11. Travel: While not a travel document itself, a birth certificate is needed to get a passport for international travel. For domestic travel, it might be used as secondary identification if primary ID is lost.
12. Genealogy: For tracking family history or genealogy research, obtaining birth certificates of relatives is common.
13. Legal Proceedings: In various legal situations, including adoption or changing legal names, a birth certificate might be necessary.
14. Sports and Activities: Minors joining sports teams or other activities with age restrictions often need to show a birth certificate.

These requirements ensure that individuals of any race or skin color can legally and accurately participate in these activities, reflecting both the need for documentation and the importance of a birth certificate as a critical identity document in the U.S. If Black people can provide birth certificates for all these requirements they should also have no problem providing one for legal voting. Anybody who became a US citizen through the naturalization process surely keeps his or her Certificate of Naturalization in a safe place and will be able to show it upon request.

In most European countries, citizens must carry a personal picture ID card, which is computer-readable and contains a condensed profile of the bearer. However, most European countries also go by the Code Napoleon, according to which a person inherits his or her nationality from the father or the mother, regardless of where the person was born. This still requires a birth certificate, because it says who your parents were and what countries they were citizens of. In my view, the easiest way to solve this problem would be to:

1. Change citizenship to follow the citizenship of a person’s father and/or mother, regardless of where the person was born.
2. Issue personal picture IDs to everybody wishing to vote in the USA predicated on the provision of a (church or government) birth certificate or a Certificate of Naturalization, which prove that the person is indeed a US citizen.
3. Make the cost for these personal picture IDs bearable by the government, i.e. the tax payer. We all have a vital interest in seeing this carried out and nobody should be disadvantaged because of the cost involved. If we want to keep our Republic democratic, this would be money well spent.
4. Obligate the local election board of the community in which the voter resides and votes to keep a copy of the voter’s picture ID on file.
5. Obligate voters to present their voter IDs when voting and the election official to compare it with the voter ID on file. If the don’t match, the person can’t vote.

While nothing is perfect, this approach would make voter fraud and voter disenfrachisement extremely difficult.