Statement By U.S. Rep. Benjamin L. Cardin On The Federal Election Integrity Act, H.R. 4844

Mr. Speaker, I rise in opposition to H.R. 4844, the Federal Election Integrity Act.

This legislation would require individuals voting in federal elections to provide photo identification that also shows proof of citizenship in order to vote.

I am extremely concerned that this legislation would disenfranchise many eligible voters and depress voter turnout. Congress and the states should pass measures to increase, not decrease, voter turnout, and to encourage eligible voters to go to the polls.

Studies indicate that illegal voting or voter fraud is extremely rare, and such behavior is already punishable by law. However, we have numerous documented instances of actual problems in our electoral systems which are not addressed by this legislation, such as improper purging of voters from the rolls and distributing false information about when and where to vote. In my own state of Maryland in last Tuesday’s primary election, we experienced numerous problems with voters being turned away because of malfunctioning computer voting machines, a lack of provisional paper ballots, and poorly trained or absent poll workers.

This legislation would have a disproportionate impact on economically disadvantaged persons – such as the homeless, the elderly, persons with disabilities, frequent movers, and other minority groups and persons of color – who are far less likely to have current state-issued identification. Requiring voters to bring identification to the polls will serve as a poll tax for some eligible voters, who can afford neither the cost nor time to obtain a new or duplicate drivers’ license, passport, or birth certificate. The bill contains weak provisions to reimburse states that cover the cost of issuing identifications to indigent individuals. Indeed, Congress has yet to fully fund implementation of the Help America Vote Act (HAVA) of 2002, passed after the 2000 presidential election which disenfranchised many eligible voters.

Finally, proof of citizenship requirements will severely hamper the ability of nonpartisan organizations to conduct voter registration campaigns within minority communities, by limiting what documents can be accepted as valid identification for the purpose of registration.

I note that several leading voting rights groups have opposed this legislation, including the NAACP, League of Women Voters, and the U.S. Public Research Interest Group. The AARP has also opposed this legislation, which may disenfranchise older Americans.

The National Conference of State Legislatures (NCSL) and the National Association of Counties (NACO) also oppose this legislation. NCSL wrote that this “ill-advised bill…places a potentially huge unfunded mandate on states…and would preempt current states’ voter identification requirements.”

Just a few months ago I was pleased to co-sponsor and vote for legislation to reauthorize the historic Voting Rights Act of 1965 for another 25 years. Discrimination and prejudice still exist against minority voters, in addition to disenfranchisement at the polls caused by faulty equipment or poorly trained election voters. We must redouble our efforts to make sure that every eligible vote is counted, and that this democracy does not continue to shamefully turn away eligible voters at the polls.