H.B. 209 First Substitute — Voting Amendments (Rep. Maloy, A. Cory) claims to secure our elections by preventing non-citizens from voting. WhileI, along with every Utahn and every American, want secure elections, we also want all eligible Americans to have easy ballot access. Thus, this bill deserves a call to your representative asking for a strong NO vote.
Specifically, this bill, as with others proposed/passed in the past, will restrict access to far more legitimate voters than it will prevent from voting illegally. Per the Lt Governor’s statement we do NOT have a problem in Utah with non-citizen voting. Thus, this bill addresses a non-existent problem. Additionally, several other important issues warrant mention.
First, the bill gives “election officials” the right to challenge citizenship of voters. While that might be appropriate at the Lt Gov or County Clerk level through clearly delineated voter registration validation processes, HB 209 also allows poll workers to challenge voters at the polls, providing a wide-open door to racial profiling.
Second, it creates two categories of voters–those eligible to vote in municipal and state elections vs those only allowed to vote in federal elections. Federally, one’s statement of citizenship is adequate for registration, with safeguards through the state’s right to conduct validation checks and criminal penalties for fraud. Thus, HB 209 attempts to set stricter criteria for state and local elections than is allowed for federal elections. At minimum, this distinction will create additional work for County Clerks. More importantly, it will create substantial confusion among voters, ultimately suppressing participation in our all-ready low turnout state and municipal elections.
Third, the requirement for additional documentation of citizenship for state and local elections will substantially target already marginalized voters. As was successfully argued at the federal level when the SAVE Act failed, many women do not have state-issued ID that matches their birth certificate. Many others do not have easy access to “acceptable” identification, including birth certificates or passports. Nor will it be easy or cheap for those persons to access the appropriate documentation and present it to the appropriate officials, should their vote be challenged. The elderly, Native Americans, students, disabled, racial and ethnic minorities, and low-income persons come to mind.
Fourth, this will essentially abolish efforts to conduct voter registration drives by organizations such as the League of Women Voters—efforts aimed at increasing voter participation. The right to choose those who represent us is fundamental. Only if those representatives can be held accountable by the public through broad participation in the elective process will the ideals of our government be preserved.
Ellen Brady, MD, MPH, is the Issues Director for the Women’s Democratic Club
