Erika Eichelberger

Erika Eichelberger

Reporter

Erika Eichelberger is a reporter in Mother Jones' Washington bureau. She has also written for The NationThe Brooklyn Rail, and TomDispatch. Email her at eeichelberger [at] motherjones [dot] com. 

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Court Strikes Down Arkansas Voter ID Law

On Wednesday, the Arkansas Supreme Court ruled the state's restrictive voter ID law was unconstitutional.

| Thu Oct. 16, 2014 10:39 AM EDT

On Wednesday, the Arkansas Supreme Court struck down the state's restrictive voter ID law, ruling that it violated the state's constitution. The unanimous decision, which comes just days before early voting begins in the state, could impact a Senate race considered key to a Republican takeover of the Senate.

Arkansas' law, enacted in 2013 after the Republican-controlled legislature overrode the Democratic Gov. Mike Beebee's veto, would have required voters to show a government-issued photo ID at the polls. Studies have shown that photo ID laws disproportionately burden minority and poor voters, making them less likely to vote. The state Supreme Court ruled that the voter ID law imposes a voting eligibility requirement that "falls outside" those the state constitution enumerates—namely, that a voter must only be a US citizen, an Arkansas resident, at least 18 years of age, and registered to vote—and was therefore invalid.

The court's ruling could help swing in Democrats' favor the tight Senate race between Democratic Sen. Mark Pryor and his opponent, Republican Rep. Tom Cotton.

After the Supreme Court gutted a section of the Voting Rights Act last year, Republican state legislatures around the country enacted a slew of harsh voting laws. Since the 2010 election, new restrictions have been enacted in 21 states. Fourteen of those were passed for the first time this year.

Arkansas was one of seven states in which opponents of restrictive voting laws filed lawsuits ahead of the 2014 midterms. Last week, the US Supreme Court blocked Wisconsin's voter ID law. A federal court last Thursday struck down a similar law in Texas—only to have its ruling reversed this week by an appeals court. The Supreme Court recently allowed North Carolina and Ohio to enforce their strict new voting laws.

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The Supreme Court Just Blocked Scott Walker's Voter ID Law

And a federal judge struck down a similar law in Texas.

| Fri Oct. 10, 2014 11:51 AM EDT
Wisconsin Gov. Scott Walker

Update, Sunday, October 19: On Saturday, the Supreme Court upheld Texas' "discriminatory" voter ID law, potentially disenfranchising some 600,000 largely minority voters ahead of the midterms.

Update, Wednesday, October 15: After a federal trial court struck down Texas' "discriminatory" new voter ID law last week, a federal appeals court ruled on Tuesday that the state can enforce the restrictive law after all in November. Opponents of the law may file an emergency appeal to the Supreme Court.

On Thursday evening, two separate courts blocked restrictive voter ID laws in Wisconsin and Texas that could have disenfranchised hundreds of thousands of mostly black and Latino voters in the upcoming November midterm elections.

Both states' laws would have required voters to provide photo identification before casting their ballots. Such laws reduce minority and youth turnout, according to a Government Accountability Office study released Wednesday.

On Thursday, the Supreme Court issued an emergency order blocking a voter ID law Wisconsin Gov. Scott Walker signed in 2011. The court cited no reason for its move, which is common for emergency orders. Voting rights advocates challenging the law had charged that if it were in effect in November it would "virtually guarantee chaos at the polls," the New York Times reported, as the state would not have enough time to issue IDs and train poll workers before the election. There are about 300,000 registered voters in Wisconsin who lack an ID. Most of them are black or Hispanic.

Also on Thursday, a federal trial court in Texas struck down that state’s voter ID law, ruling that it overly burdened minority voters, who are less likely to have a government-issued ID, and as such violated the Voting Rights Act. More than 600,000 registered voters in Texas lack appropriate IDs.

The move by the Supreme Court reverses a recent trend by the high court upholding voting restrictions. The court upheld a law in Ohio that cut down on early voting, as well as a measure North Carolina enacted in 2013 eliminating same-day registration and banning the counting of ballots accidentally cast at the wrong precinct.

Both Texas and Wisconsin had claimed their laws would crack down on voter fraud. Confirmed instances of in-person voter fraud are rarer than UFO sightings.

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