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OPINION

Editorial: A vote of no confidence

Tuesday, March 22, 2011
(Updated 3:00 am)

Add this to the list of poorly named legislation: the "Restore Confidence in Government Act." The main feature of this bill, introduced last week in the state House of Representatives, is to require voters to show photo identification at the polls.

The first sign that the initiative actually shakes confidence in government is that it was filed at 9 p.m. Monday and a hearing was held at 2 p.m. Tuesday. That didn't allow much time for the public to respond.

More critically, the bill would not ensure that elections are free from fraud unless poll workers are 100 percent adept at spotting fake ID cards. But it's almost certain to block some people from voting who are legally registered and eligible but forget, misplace or simply don't have the right document showing their mug shot.

How does it restore confidence in government to tell someone who has voted in the same precinct for 20, 30, 40 or even 50 years that, all of a sudden, she has to present a photo ID so that the poll worker -- who may be a neighbor -- will officially recognize her and grant her right to vote?

Yet, to hear the bill's Republican proponents tell it, voter fraud is rampant across the state -- and illicit votes are piling up for Democrats (who still got clobbered in the last election). There's no documentation showing more than a few dozen allegations in most years, but because the system can be gamed, some assume it is being gamed -- and not in their favor.

It's possible that someone can impersonate a registered voter and cast a ballot in his place, risking prosecution if caught. It's less dangerous to cast a fraudulent absentee ballot by mail -- a potential problem not addressed by this bill. But there are other questions to consider.

Former N.C. Supreme Court Justice Bob Orr pondered the constitutionality of the proposed bill last week and found it ambiguous. "If the photo ID is a 'qualification' for voting then I would predict troubled waters ahead if and when the issue goes to court," he wrote. It's on safer ground "if election officials are simply required to be sure that people presenting themselves as properly registered voters are in fact who they say they are."

In either case, the legislature is walking through treacherous terrain. To address a minor problem, it's placing both a new burden -- albeit a small one -- on honest voters and an additional cost to taxpayers for enforcing the regulation and providing photo ID cards for people who can't afford them. Unfortunately, the measure would appropriate only $600,000 to implement the new law -- not nearly enough to fully inform voters of its requirements and help make sure everyone has access to proper identification. Critics say that shows the real purpose is to weed out voters, not promote integrity in elections.

Any action where benefits seem to be outweighed by drawbacks doesn't instill confidence in government. It makes government appear petty and distrustful of the people it serves. The right to vote is sacred, and it's been hard won by Americans of times past -- some not so long ago. Voting should not be made more difficult without a compelling reason.

Once distrustfulness gains the upper hand, there's little to slow it down.

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