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Friday, October 26, 2012

Obama hams for the cameras when required to show voter ID in Chicago today: Was it pursuant to a law he voted for?

It has been some time since I've had occasion to link to any of Josh Marshall's Talking Points Memo websites, but tonight I'll make an exception for this post from TPM's Ryan J. Reilly and its embedded video of President Obama casting an in-person early voting ballot in his home state of Illinois.

If you'd prefer, you can also see the same video here as embedded at NRO, or here directly from MSNBC, but I'm choosing to link TPM because I'm going to quote from its accurate but still eyebrow-raising explanation of why the President of the United States had to pull out photo identification in order to vote in Illinois:

Despite his personal stance against voter ID laws, President Barack Obama was asked to show a form of photo identification when he voted in Chicago on Thursday. While Illinois does not have a voter ID law, the state does require voters who take advantage of early voting to show a driver’s license, a state-issued identification card or government-issued photo ID.

"Voters don't need reasons or excuses to use Early Voting — but voters do need to present government-issued photo identification to use Early Voting," according to the Chicago Board of Election Commissioners.

I'm not licensed to practice law in Illinois and I lack the resources to do in-depth research into its statutes and, especially, their legislative history. But my very quick search of the Illinois election code suggests to me that this may be the provision in the Illinois early-voting statutes that obliged the election worker to ask for Obama's photo ID (italics mine):

(b) In conducting early voting under this Article, the election judge or official is required to verify the signature of the early voter by comparison with the signature on the official registration card, and the judge or official must verify (i) the identity of the applicant, (ii) that the applicant is a registered voter, (iii) the precinct in which the applicant is registered, and (iv) the proper ballots of the political subdivision in which the applicant resides and is entitled to vote before providing an early ballot to the applicant. The applicant's identity must be verified by the applicant's presentation of an Illinois driver's license, a non‑driver identification card issued by the Illinois Secretary of State, or another government‑issued identification document containing the applicant's photograph. The election judge or official must verify the applicant's registration from the most recent poll list provided by the election authority, and if the applicant is not listed on that poll list, by telephoning the office of the election authority.

Alternatively, it's possible that since Obama is residing out-of-state but performing government service, his vote is treated as an absentee ballot, even if cast in person while temporarily back in Chicago. If so, then this may be the relevant language covering in-person early voting before election day by someone who's entitled to vote absentee under Illinois law (italics mine):

In conducting in‑person absentee voting under this Section, the respective clerks shall be required to verify the signature of the absentee voter by comparison with the signature on the official registration record card. The clerk also shall reasonably ascertain the identity of such applicant, shall verify that each such applicant is a registered voter, and shall verify the precinct in which he or she is registered and the proper ballots of the political subdivisions in which the applicant resides and is entitled to vote, prior to providing any absentee ballot to such applicant. The clerk shall verify the applicant's registration and from the most recent poll list provided by the county clerk, and if the applicant is not listed on that poll list then by telephoning the office of the county clerk.

Regardless of which of these statutes was the basis for it, then, I have no reason to doubt Mr. Reilly's source's explanation.

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What I am mildly curious about, however, is whether as a state senator, Barack Obama might have actually voted to pass the voter ID law that required him to show his photo ID to vote today. At the very end of the section of the Illinois statute regarding in-person casting of absentee ballots, we see this:

(Source: P.A. 93‑574, eff. 8‑21‑03; 94‑645, eff. 8‑22‑05; 94‑1000, eff. 7‑3‑06.)

And at the end of the more detailed and explicit section on early voting generally, we see this:

(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑1000, eff. 7‑3‑06; 95‑699, eff. 11‑9‑07.)

My educated guess is that these are references to the legislative history of these sections, as originally passed and as subsequently modified. It would appear that the section containing the in-person absentee voting ID requirement was first passed to be effective in August of 2003, which in turn suggests that the statute was likely enacted earlier in 2003 or perhaps in 2002 — i.e., while Obama was in the Illinois senate. And it would appear that the far more detailed voter ID requirement for in-person early voting was originally passed to be effective in August 2005; depending on how long the notification gap was between passage and effective date, that statute might or might not have been passed before Obama resigned from the Illinois senate to take his seat in the U.S. Senate after the November 2004 elections.

I'm going to make a further inferential leap to posit that (1) since the Democratic Party has long dominated the Illinois legislature, such that no important legislation could be passed if the state Democratic leadership opposed it, and (2) as a state senator Obama was generally very reliable in voting in the fashion recommended by the state Democratic leadership, then (3) Barack Obama may very well have voted for the original version of the absentee in-person statute, and possibly may have voted for the original version of the early voting statute. Of course, Obama was also famous for voting "present" and for missing votes as a state senator, so my inferential leap is across a decent-sized chasm.

Obama_photo_IDI can't quite take the last jump, though, that would be necessary to make this truly more than a wild goose chase, not even as a rational inference: Both sections have been amended after Obama left for Washington, but I don't know the details of the amendments. So the italicized language in the quotes above — which represent the law currently in effect — may or may not correspond to their original versions. But that's exactly the kind of legislative history research project that any Illinois lawyer, or indeed even any eager-beaver first-year law student at any Illinois-based law school, would have the resources to undertake fairly easily, if sufficient enthusiasm could be found for it. Maybe one of my readers knows a guy who knows a gal who hung a shingle a few years ago in Urbana, and maybe he or she will volunteer some definitive answers to my questions.

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In any event, I was mildly amused by Mr. Mr. Reilly's concluding paragraph, in which he notes without further comment that the Obama Administration "has opposed voter ID laws in Texas and South Carolina but approved of less-stringent voter ID laws in Virginia and New Hampshire." Nevertheless, for passing laws which would oblige Texas or South Carolina general election voters to do exactly that which Barack Obama himself had to do today to vote in person in Illinois, the Obama Administration has used the federal courts to block the considered legislative judgments of the Texas and South Carolina state legislatures, their governors, and the citizens of those states whom those duly elected state officials represent.

See, if what happened today to President Obama in Chicago were permitted to happen in Texas or South Carolina, that could only be because the citizens of Texas and South Carolina, their legislators, and their governors are fixated on discriminating against non-whites, doncha know? But in Illinois, it's all grins and giggles and a presidential photo op.

Posted by Beldar at 01:08 AM in 2012 Election, Law (2012), Obama, Politics (2012), Texas | Permalink

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