January 15, 2025

voting ID requirements and the Supreme Court

Last week, I posted here about voter ID requirements.  There was a case pending before the U.S. Supreme Court on the same topic.  It seems Indiana was trying to require voters to present ID in order to vote.  Lawsuit.  In the end, the court found that the requirement wasn’t particularly onerous (the New York Times’s article is as good as any for a basic summary, or go straight to the ruling).

Unsurprisingly, there has been a lot of hang-wringing on this (see, for example, this New York Times unsigned editorial).  We can expect similar legislation elsewhere now that the Court has made it pretty difficult to challenge these sorts of laws (see, for example, the ongoing battle to pass this sort of legislation in Texas).

As I wrote last time, I’m not particularly opposed to voters being required to present ID.  However, ID needs to be easy to get for anybody who is elgible to vote.  For most people, this is easy.  The big question we’d all like to know is the size of the population for which it’s not easy.  Consider, as a hypothetical example, an elderly Texas woman who never drove a car.  If she’s over 75 years old, the state’s centralized birth certificate registry won’t (officially) have her records.  It could well require detective work to produce sufficient documentation to get her a state ID card.  Who’s going to pay for that?

The big technical question, of course, is whether the root desires behind the voter ID requirement can be addressed in some more effective fashion than ID requirement.  What are those root desires?

  1. Prevent legitimate citizens from registering to vote and voting in more than one locale
  2. Prevent registered voters from casting multiple votes in their own name
  3. Prevent registered voters from impersonating other registered voters
  4. Prevent anyone, including malicious poll workers, from casting votes on behalf of registered voters who have chosen not to vote
  5. Prevent non-eligible people (non-citizens, felons, etc.) from registering to vote
  6. Detect changes in registered voters’ eligibility status, quickly and accurately

Which problems can be solved by purple ink on a voter’s thumb?  #1 and #2 are readily solved, since a second attempt to vote will be forbidden.  #3 is disincentivized, because the impersonator will be unable to vote under his or her own name.  #4-6 will require other technologies.

Okay, which problems can be solved by having required voter ID?  Let’s assume, for the sake of discussion, we have a centralized state database keyed off the voter’s ID card number, but individual polling places do not have real-time access to this database.  Also, let’s assume that voter ID cards do not have any computational power: no smart cards, no crypto, etc.  #1 is ostensibly solved by the central database.  #2 cannot be prevented (at least, in a world with early voting or voting centers, where a voter has multiple places where he or she can legitimately vote), but it can be detected, and is thus disincentivized.  #3 is solved.  #4 is largely unsolved: if malicious poll workers want to forge signatures in the poll book, they may or may not be detected.  (In a recount situation, written signatures should be verified, but it’s unclear what the accuracy of that checking process might be.)

You could try to solve #4 with smartcards that issue digital signatures, but that’s a whole different can of worms.  Since the smartcard doesn’t really know what it’s being asked to sign, this could be exploited by an attacker.  (Example: you need to present your ID in a variety of different circumstances, such as proving your age to enter a bar.  The bouncer could “swipe” your card and use that as a way of getting a forged signature on an election record.)

What about #5 and #6?  These are really back-end database problems.  Requiring voters to present ID doesn’t have any impact.  However, having a database that is keyed off the voters’ ID cards significantly improves #5 and #6 and could ostensibly help reduce a variety of errors in the process.

Curiously, it seems that most of the benefit of requiring ID occurs in the back-end database, rather than on the day of the election.  The only real benefit of presenting ID, on election day, occurs in vote centers, early voting locations, and so forth.  When there may be millions of eligible voters who could use a vote center, traditional paper poll books are unworkable.  With a database keyed from ID card numbers, a voter’s records can be efficiently looked up and verified.  While this isn’t a security problem, improving the efficiency of the voting process is still a worthwhile goal.

Future of News Workshop, May 14-15 in Princeton

We’ve got a great lineup of speakers for our upcoming “Future of News” workshop. It’s May 14-15 in Princeton. It’s free, and if you register we’ll feed you lunch.

Agenda

Wednesday, May 14, 2008

9:30 – 10:45 Registration
10:45 – 11:00 Welcoming Remarks
11:00 – 12:00 Keynote talk by Paul Starr
12:00 – 1:30 Lunch, Convocation Room
1:30 – 3:00 Panel 1: The People Formerly Known as the Audience
3:00 – 3:30 Break
3:30 – 5:00 Panel 2: Economics of News
5:00 – 6:00 Reception

Thursday, May 15, 2008

8:15 – 9:30 Continental Breakfast
9:30 – 10:30 Featured talk by David Robinson
10:30 – 11:00 Break
11:00 – 12:30 Panel 3: Data Mining, Interactivity and Visualization
12:30 – 1:30 Lunch, Convocation Room
1:30 – 3:00 Panel 4: The Medium’s New Message
3:00 – 3:15 Closing Remarks

Panels

Panel 1: The People Formerly Known as the Audience:

How effectively can users collectively create and filter the stream of news information? How much of journalism can or will be “devolved” from professionals to networks of amateurs? What new challenges do these collective modes of news production create? Could informal flows of information in online social networks challenge the idea of “news” as we know it?

Panel 2: Economics of News:

How will technology-driven changes in advertising markets reshape the news media landscape? Can traditional, high-cost methods of newsgathering support themselves through other means? To what extent will action-guiding business intelligence and other “private journalism”, designed to create information asymmetries among news consumers, supplant or merge with globally accessible news?

  • Gordon Crovitz, former publisher, The Wall Street Journal
  • Mark Davis, Vice President for Strategy, San Diego Union Tribune
  • Eric Alterman, Distinguished Professor of English, Brooklyn College, City University of New York, and Professor of Journalism at the CUNY Graduate School of Journalism

Panel 3: Data Mining, Visualization, and Interactivity:

To what extent will new tools for visualizing and artfully presenting large data sets reduce the need for human intermediaries between facts and news consumers? How can news be presented via simulation and interactive tools? What new kinds of questions can professional journalists ask and answer using digital technologies?

Panel 4: The Medium’s New Message:

What are the effects of changing news consumption on political behavior? What does a public life populated by social media “producers” look like? How will people cope with the new information glut?

  • Clay Shirky, Adjunct Professor at NYU and author of Here Comes Everybody: The Power of Organizing Without Organizations.
  • Markus Prior, Assistant Professor of Politics and Public Affairs in the Woodrow Wilson School and the Department of Politics at Princeton University.
  • JD Lasica, writer and consultant, co-founder and editorial director of Ourmedia.com, president of the Social Media Group.

Panelists’ bios.

For more information, including (free) registration, see the main workshop page.

Voluntary Collective Licensing and Extortion

Reihan Salam has a new piece at Slate about voluntary collective licensing of music (which was also the topic of an online symposium organized by our center at Princeton). I’m generally a fan of Reihan’s work, but this time I think he got it wrong. His piece starts like this:

What would you do if a bully—let’s call him “Joey Giggles”—kept snatching your ice-cream cone? OK, now what if Joey Giggles then told you, “If you pay me five bucks a month, I’ll stop snatching your ice cream.” Depending on how much you hate getting beaten up, and how much you love ice-cream cones, you might decide that caving in is the way to go. This is what’s called a protection racket. It’s also potentially the new model for how we’ll buy and listen to music.

[…]

Now Big Music is mulling the Joey Giggles approach. Warner Music Group is trying to rally the rest of the industry behind a plan to charge Internet service providers $5 per customer per month, an amount that would be added to your Internet bill. In exchange, music lovers would get all the online tunes they want, meaning that anyone who spends more than $60 a year on music will come out way ahead. Download whatever you want and pay nothing! No more DRM! Swap files to your heart’s content—we promise, we won’t sue you (or snatch your ice-cream cone)!

This idea, that collective licenses amount to extortion – pay us or we’ll sue you – is often heard, but I don’t think it’s a valid criticism of collective licenses. The reason is pretty simple: if this is extortion, then all of copyright is extortion. The basic mechanism of copyright is that the creator of a work gets certain exclusive rights in the work. Exclusive rights means that there are certain things that nobody else can do with the work, without the creator’s permission. “Nobody else can do X” is another way of saying that if somebody else does X, the creator can sue them. When you buy a licensed copy of a work instead of downloading it illegally, what you’re buying is an enforceable promise that you won’t be sued (plus the knowledge that you’re playing by the rules, but that is intimately connected to the lawsuit protection). So the basic mechanism of copyright involves people paying a copyright owner for a promise not to sue them.

To put it another way, if you accept our current copyright system at all – even if you accept only a streamlined, improved version of it – then you’ve already accepted the kind of “extortion” that would be used to sell voluntary collective licenses. The only alternative is a complete redesign of the system, more complete even than a voluntary collective license.

Reihan does recommend a redesign. He endorses Terry Fisher’s suggestion of a government tax on broadband access, with the revenue used to pay musicians based on the popularity of their songs. This system has its benefits (though on balance I don’t think it’s good policy). But if you start out worried about strong-arm extraction of money from citizens, a mandatory tax scheme is an odd place to end up.

This is the fundamental problem of copyright policy in the digital age. It’s easy for people to get copyrighted works without paying. So either you forgo payment entirely, or you give somebody the mandate to collect payment. Who would you prefer: record companies or the government?

How can we require ID for voters?

Recently, HR 5036 was shot down in Congress.  That bill was to provide “emergency” money to help election administrators who wished to replace paperless voting systems with optically scanned paper ballots (or to add paper-printing attachments to existing electronic voting systems).  While the bill initially received strong bipartisan support, it was opposed at the last minute by the White House.  To the extent that I understand the political subtext of this, the Republicans wanted to attach a Voter ID requirement to the bill, and that gummed up the works.  (HR 5036 isn’t strictly dead, since it still has strong support, but it was originally fast tracked as a “non-controversial” bill, and it is now unlikely to gain the necessary 2/3 majority.)

I’ve been thinking for a while about this whole voter ID problem, and I have to say that I don’t really see a big problem with requiring that voters present ID so they can vote.  This kind of requirement is used in other countries like Mexico and it seems to work just fine.  The real issue is making sure that all people who might want to vote actually have IDs, which is a real problem for the apparently non-trivial number of current voters who lack normal ID cards (and, who we are led to believe, tend to vote in favor of Democrats).

The question then becomes how to get IDs for everybody.  One answer is to put election authorities in charge of issuing special voting ID cards.  This works in other countries, but nobody would ever support such a thing in the U.S. because it would be fantastically expensive and the last thing we need is yet another ID card.  The “obvious” solution is to use driver’s licenses or official state IDs (for non-drivers).  But, what if you’ve never had a driver’s license?

As an example, here are Texas’s list of requirements to get a driver’s license.  Notice how they also require you have proof of a social security number?  If you’ve somehow managed to make it through life without getting one, and I imagine many poor people could live without one, then that becomes a significant prerequisite for getting a driver’s license.  And it’s pretty difficult to get a SSN if you’re unemployed and don’t have a driver’s license (see the Social Security Administration’s rules).

One way or another, you’re going to need your birth certificate.  Here’s how you get a copy of one in Texas.  If you don’t have any other form of ID, it’s pretty difficult to get your birth certificate as well.  You’ll either need an immediate relative with an ID to request your birth certificate on your behalf, or you’ll need utility bills in your name.  And if you’re older than 75, the state agency may not be able to help you, and who knows if the county where you were born has kept its older records properly.

It’s easy to see that somebody in this situation is going to find it difficult to navigate the bureaucratic maze.  If the only benefit they get, at the end of the day, is being allowed to vote, it’s pretty hard to justify the time and expense ($25 for the birth certificate, the social security card is free, and $15 plus hours waiting in line for the state ID card).  For potential voters who don’t have a permanent home address, this process seems even less reasonable.

The only way I could imagine a voter ID requirement being workable (i.e., having a neutral effect on partisan elections) is if there was a serious amount of money budgeted to help people without IDs to get them.  That boils down to an army of social workers digging around for historical birth records and whatever else, and that’s not going to be cheap.  However, I’m perfectly willing to accept a mandatory voter ID, as long as enough money is there to get one, for free, for anybody who wants one.  The government is willing to give you a $40 coupon to receive digital signals for an analog TV, as part of next year’s phase-out of analog broadcasts.  Why not help out with getting identification papers as part of phasing in an ID requirement?

[Sidebar: if you’re really concerned about people voting multiple times, the most effective solution has nothing to do with voter ID.  The simple, low-tech answer is to mark voters’ fingers with indelible ink.  It wears off after a while, it’s widely used throughout the world, and there’s no mistaking it for anything else.  I can’t wait for the day when I tune into my nightly newscast and see the anchor giving grief to the sportscaster because his thumb isn’t painted purple.]

May 14-15: Future of News workshop

We’re excited to announce a workshop on “The Future of News“, to be held May 14 and 15 in Princeton. It’s sponsored by the Center for InfoTech Policy at Princeton.

Confirmed speakers include Kevin Anderson, David Blei, Steve Borriss, Dan Gillmor, Matthew Hurst, Markus Prior, David Robinson, Clay Shirky, Paul Starr, and more to come.

The Internet—whose greatest promise is its ability to distribute and manipulate information—is transforming the news media. What’s on offer, how it gets made, and how end users relate to it are all in flux. New tools and services allow people to be better informed and more instantly up to date than ever before, opening the door to an enhanced public life. But the same factors that make these developments possible are also undermining the institutional rationale and economic viability of traditional news outlets, leaving profound uncertainty about how the possibilities will play out.

Our tentative topics for panels are:

  • Data mining, visualization, and interactivity: To what extent will new tools for visualizing and artfully presenting large data sets reduce the need for human intermediaries between facts and news consumers? How can news be presented via simulation and interactive tools? What new kinds of questions can professional journalists ask and answer using digital technologies?
  • Economics of news: How will technology-driven changes in advertising markets reshape the news media landscape? Can traditional, high-cost methods of newsgathering support themselves through other means? To what extent will action-guiding business intelligence and other “private journalism”, designed to create information asymmetries among news consumers, supplant or merge with globally accessible news?
  • The people formerly known as the audience: How effectively can users collectively create and filter the stream of news information? How much of journalism can or will be “devolved” from professionals to networks of amateurs? What new challenges do these collective modes of news production create? Could informal flows of information in online social networks challenge the idea of “news” as we know it?
  • The medium’s new message: What are the effects of changing news consumption on political behavior? What does a public life populated by social media “producers” look like? How will people cope with the new information glut?

Registration: Registration, which is free, carries two benefits: We’ll have a nametag waiting for you when you arrive, and — this is the important part — we’ll feed you lunch on both days. To register, please contact CITP’s program assistant, Laura Cummings-Abdo, at . Include your name, affiliation and email address.