Election officials still must identify voters
By Roy Ockert Jr.
Nov. 1, 2014
After the Arkansas voter identification law was declared unconstitutional just before general election voting began, some confusion has ensued about what citizens would face at their polling places.
After writing a column on the subject last weekend, I received several questions and comments. Some were from people who want to argue about the need for such a law. Those arguments will have to be postponed because the Arkansas Supreme Court has ruled that the changes the Legislature proposed could only be done by constitutional amendment.
In other words, our lawmakers wasted a lot of time and money implementing and litigating an unconstitutional law.
Other citizens were surprised to find poll workers still asking them to identify themselves at the early voting site. One noticed a sign reading, “Have your ID ready.” That voter declined to show an ID but was then asked for a birthdate and address before being allowed to vote.
Therefore, I asked Craighead County Clerk Kade Holliday to clarify what procedures are being followed at the polls, both for early voting on election day. Since more people will vote Tuesday and more poll workers will be involved, the chances for confusion will be much greater then.
Perhaps a transcript of my online chat with the county clerk will help.
RO: Please advise what you’re doing regarding voter ID. Why would someone have to give their birthdate?
KH: “Those ‘Have ID Ready’ signs have been hung at the Elections Annex since long before I was elected clerk or Act 595 or ‘Voter ID’ was passed. As has been publicized, Act 595 was struck down by the Arkansas Supreme Court, which placed us under the previously enacted code of laws. Under that code election workers on election day, as well as early vote, are still required to ask for identification when an individual presents themselves to vote; however, the individual can refuse to produce identification and will be asked to identify themselves in another fashion which can be executed by asking for a combination of the individual’s birth date, name, address, etc., that would have been given on the individual’s voter registration. Birthdate is one of the best identifiers as it can solidify an individual who may share a common name with another individual.
“Additionally, the birthdate can narrow down the potential field of individuals substantially in case there was a data entry error and a name was misspelled, letters were accidentally reversed, etc.”
RO: Seems like you’re still asking them to prove their identity. If the official finds my page and I sign my name in the same manner as always, why isn’t that sufficient? Giving someone who is an ‘official for a day’ a date of birth could invite ID theft. I know the registration form has DOB, but does the poll official have every voter’s DOB? What if someone refuses to give DOB?
KH: “A person can refuse to give their DOB and can be identified using only their name and address if they would prefer to provide that only. The poll worker will use whatever information that individual chooses to provide of what is asked to make the best match possible before proceeding to allow the individual to vote. As you mention, some individuals do not wish to provide their DOB, which is why name and address are also requested to make a match.
“Once the match is made to the best of the poll worker’s ability from the information provided, then they would proceed to process and allow the individual to vote.”
RO: OK, but do the poll workers have DOBs for all voters?
KH: “7-5-305 is the law that deals with identification under the 2014 code which mimics 7-5-103 under the old code that we are operating under now. The DOB is in all of the poll books at the precincts as dictated by law.
“Also, I guess I should have stated previously that while that person does not have to provide their birthdate when asked for it, they would have to confirm it, as well as their address, when they sign the poll book to vote (the confirmation would come in the form of their signature).”
As Holliday explained, election officials are operating under the old law, which does require poll workers to match a person requesting to cast a ballot with the information provided by the same person as shown in voter registration records. So you may be asked to provide an ID, but you may decline. In that case the poll worker is still supposed to make an effort to identify the person and may ask for his or her address and-or date of birth.
That narrows, but does not eliminate, the possibility of a person being allowed to vote under the wrong person’s name. It’s certainly possible, especially in a large city, that one John Smith could have the same date of birth as another (but probably not the same address).
Voter registration errors (including double or triple registrations, as in the case of one attorney general candidate) are far more likely to occur that incidents of voter impersonation. That’s what our poll workers will be trying to avoid and what our Legislature should be more concerned about in the future.
Roy Ockert is editor emeritus of The Jonesboro Sun. He may be reached by e-mail at royo@suddenlink.net.