Gavin Howe
Michigan's voter ID law has been a topic of debate, with some arguing that it is necessary to prevent voter fraud, while others claim it encourages voter suppression and is a barrier to the constitutional right to vote. The law, first adopted in 1996, requires voters to present photo identification or sign an affidavit at the polls. While the Michigan Supreme Court upheld the law in 2007, it has faced opposition and legal challenges from those arguing it is unconstitutional. The recent advancement of stricter voter ID mandates by the Michigan GOP has reignited discussions about the law's constitutionality and potential impact on voting rights.
| Characteristics | Values |
|---|---|
| History | Michigan first adopted a voter ID law in 1996, but the statute went unenforced for over a decade. |
| Current Status | Michigan voters are required to show photo ID or sign a sworn affidavit verifying their identity. |
| Supporters | The bill was introduced by state Republicans and supported by Sen. Tom Barrett. |
| Opposition | The bill has been opposed by the NAACP, Democrats, the ACLU, and Mark Brewer, an attorney and former chair of the Michigan Democratic Party. |
| Voter Suppression Concerns | Opponents argue the bill encourages voter suppression, unfairly targets minorities, and is a barrier to the constitutional right to vote. |
| Legal Challenges | The law has faced legal challenges on the basis of unconstitutionality and violations of federal law. |
| Proposal 2 | A ballot proposal that would enshrine the voter ID requirements into the state constitution. It won't change the existing requirements. |
| Voter ID Requirements | Michigan accepts various forms of photo ID, including passports, tribal IDs, driver's licenses, and state ID cards. Voters without ID can sign an affidavit to confirm their identity. |
| Absentee Voting | Michigan allows absentee voting without the need for photo ID, but voters must provide ID numbers or a signature that matches their voter registration record. |
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What You'll Learn
Michigan's voter ID law history
Michigan's voter ID law has its origins in the late 1990s, shortly after Democrat Bill Clinton won the 1996 presidential election. In response, state Republicans introduced a bill requiring all voters to either present a photo ID or sign an affidavit at the polls, with the stated aim of preventing voter fraud. This move was criticised by some, including Howard Simon of the American Civil Liberties Union (ACLU), who characterised it as "political mischief".
At the time, Hawaii was the only other state with a requirement to present photo ID before voting, and critics of the bill in Michigan argued that it would encourage voter suppression, unfairly target minorities, and act as a barrier to the constitutional right to vote. Despite these objections, the Michigan Supreme Court upheld the move to require photo ID or an affidavit in 2007. This decision was opposed by the NAACP and Democrats, who compared it to historical examples of voter suppression and filed a complaint challenging the law's constitutionality.
In the years since, Michigan's voter ID law has continued to be a subject of debate, with sponsoring lawmakers arguing that it closes "loopholes" that criminals could exploit for voter fraud purposes. However, critics maintain that the law imposes economic and logistical burdens, particularly on the poor, the elderly, and those who do not drive or possess a photo ID. Democratic Gov. Gretchen Whitmer has promised to veto any bills that make voting harder, including the ID proposals, but the Michigan Republican Party is planning to bypass her with a petition drive.
As of 2024, Michigan's voter ID requirements are outlined in MCL 168.523, which states that "each registered elector offering to vote must identify himself or herself by presenting identification for election purposes." Voters without identification can cast a regular ballot by signing an affidavit, and those over 65 or with certain disabilities can obtain an identification card for free.
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The impact on minority groups
The impact of Michigan's voter ID law on minority groups has been a subject of debate, with some arguing that it encourages voter suppression and unfairly targets minorities. State Rep. Morris Hood Jr., who served the Detroit area, stated that the bill had "some degree of anti-minority" and compared it to historical examples of poll taxes and voter suppression in the South.
Voting rights advocates and organizations like the NAACP have also opposed the law, arguing that it creates barriers to voting and disproportionately affects low-income and minority residents. They claim that the requirement for photo ID will make it harder for certain groups, such as those without transportation or those who work during limited office hours, to obtain the necessary identification.
Additionally, there are concerns about the impact of voter ID laws on transgender individuals. Almost half of the voting-eligible trans people in states with primarily in-person elections lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter's gender presentation, they may face disenfranchisement or be forced to out themselves when presenting their ID.
On the other hand, supporters of the law argue that it is necessary to prevent voter fraud and increase election security. They claim that the requirement for photo ID is not an undue burden and that most Michigan voters support the reform. Senate Majority Leader Mike Shirkey, for example, has expressed a desire to eliminate barriers to obtaining an ID in Michigan.
The Michigan Supreme Court, in a 2007 ruling, rejected claims that the voter ID law amounted to a "poll tax" and disenfranchised low-income and minority voters. However, voting rights advocates continue to argue that the proposed changes will prevent tens of thousands of registered Michiganders from casting ballots and create unnecessary barriers for low-income and minority residents.
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The role of the Michigan Supreme Court
The Michigan Supreme Court has played a significant role in shaping the state's voter ID laws and their constitutional interpretation.
In 1996, Michigan became the second state to pass a voter identification law, requiring in-person voters to show photo ID or sign an affidavit of identity. However, the law was not enforced for a decade due to concerns about its constitutionality. In 2005, the Michigan Legislature passed another voter ID law, this time seeking an advisory opinion on its constitutionality from the Michigan Supreme Court.
The Court, with a conservative majority, upheld the law in a 5-2 decision, conceding that while it burdened the constitutional right to vote, it was nonetheless permissible. This decision was opposed by civil rights groups and Democrats, who argued that it encouraged voter suppression and unfairly targeted minorities.
In 2021, the Michigan Republican Party attempted to introduce stricter voter ID laws, which were vetoed by Democratic Gov. Gretchen Whitmer. However, the Republicans planned to bypass the veto through a petition drive, which would once again bring the issue before the Michigan Supreme Court, this time with a Democratic majority.
The Court's role in interpreting the constitutionality of voter ID laws is crucial, as it balances the need to preserve the integrity of elections while also ensuring that the right to vote is not unduly burdened. The Court's decisions have had a significant impact on the state's electoral process and have been a subject of intense political debate.
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The proposal to change voting protections
Michigan voters have been required to show a photo ID or sign a sworn affidavit verifying their identity since 2007. The state first adopted a voter ID law in 1996, but the statute went unenforced for over a decade. In 2021, the Michigan GOP advanced a voter ID mandate, which was opposed by Democratic Gov. Gretchen Whitmer, who promised to veto any bills that made voting harder.
In 2022, Michigan voters were asked to consider Proposal 2, which would change voting protections in the state's constitution. Proposal 2 would not eliminate the state's existing requirement that voters show a photo ID before casting a ballot in person. People who do not have a photo ID or do not have it with them will still be allowed to vote if they sign an affidavit, a type of sworn written statement, verifying their identity. The proposal also will not change Michigan's voter registration requirements.
The proposal has been opposed by Jeff Litten, executive director of Secure MI Vote, a group advocating for stricter voter ID laws. Litten believes that using affidavits creates an opportunity for fraud, as someone might impersonate a voter. However, Michigan election law already makes that a felony punishable by up to four years in prison and a fine of up to $2,000.
Supporters of the proposal, such as Micheal Davis, executive director of Promote the Vote, argue that it "enshrines Michigan's current, effective voter identification law into the Michigan Constitution." Davis points out that in the 2020 election, only about 0.5% of in-person voters in Michigan voted without showing an ID, and that the current law provides safeguards for voters to verify their identity.
If enacted, Proposal 2 will put the existing voter ID procedure into the state constitution, making it permanent and not subject to legislative changes in the future.
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The future of stricter voter ID laws
Supporters of stricter voter ID laws argue that they are necessary to prevent voter fraud and ensure election integrity. They also claim that these laws are popular with voters and do not decrease voter turnout. In Michigan, polls indicate that a majority of voters favor strict ID laws.
However, opponents argue that voter ID laws are ineffective in combating voter fraud, which is extremely rare, with in-person voter impersonation occurring in only 0.00004% of all ballots cast. Instead, they claim that these laws promote voter suppression and disproportionately impact Black, Native, elderly, student, and minority voters. In Michigan, the introduction of voter ID laws in 1996 was criticized as "political mischief" by the then-Michigan director of the American Civil Liberties Union (ACLU), who argued that it violated federal laws and encouraged voter suppression.
The Supreme Court's 2013 decision in Shelby County v. Holder, which effectively removed the requirement for federal pre-clearance of election-related voting procedure changes, has spurred the passage of stricter voter ID laws in several southern states, including North Carolina and Texas. The 2020 presidential election, in which many Americans voted by mail due to the coronavirus pandemic, also led to increased identification requirements for mail ballots.
The recent increase in strict voter ID requirements has resulted in several lawsuits alleging racial discrimination. Democratic Gov. Gretchen Whitmer of Michigan has promised to veto any bills that make voting harder, including the ID proposals. However, the Michigan Republican Party is planning to bypass her with a petition drive, which legal experts predict will invite further legal challenges.
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Frequently asked questions
Michigan's voter ID law requires voters to present photo identification while voting. Voters without identification can cast a regular ballot by signing an affidavit.
Michigan's voter ID law was introduced by state Republicans shortly after Democrat Bill Clinton won the 1996 presidential election. Supporters of the bill said it was necessary to prevent voter fraud.
Michigan's voter ID law has been challenged on constitutional grounds, with opponents arguing that it encourages voter suppression, unfairly targets minorities, and violates federal laws. However, the Michigan Supreme Court upheld the law in 2007, and it remains in effect. The law's constitutionality continues to be a subject of debate.
