Currently, the UK is reassessing our restrictive voter ID laws. The Representation of the People Bill, if passed, would see an expansion of the types of accepted voter ID – making voting more accessible.
Whilst one side of the ‘special relationship’ looks to make their voter ID requirements more accessible, the other could be restricting them.
The Safeguarding American Voter Eligibility Act – the ‘SAVE America’ Act – is awaiting a date in the Senate and reassesses the US’s relationship with voter ID.
The President has argued the Bill is a way to safeguard American elections, while opponents are fighting it to… safeguard American elections. The Bill certainly raises questions about access to voting rights, the centralisation of power and has a strong hint of being a solution in search of a problem.
Sound familiar?
How American voter ID works
Under American federalism, each state is allowed to administer their own elections. So, there is a patchwork system of requirements across the country.
As there is no universal rule, a Texan voter could produce their driving license, in Ohio you could forget your ID so sign an affidavit, and in California or New York no ID is required. What may be surprising to some is that because of these mixed rules, contrary to public perception, the UK has stricter voter ID rules than any US state.
One of the founding principles of the United States is its federal administration of power, which allows states to make their own decisions. So, whilst this patchwork system may not make sense to UK voters, the SAVE Act has faced criticism for flying in the face of a founding principle of the United States.
What the Bill would change
The Safeguarding American Voter Eligibility Act would require American voters in every state to prove their US citizenship when they register to vote and present photo ID when heading to the ballot box for federal elections.
Yet as in the UK, the evidence of US voter fraud is vanishingly small. The President argues the Act will prevent non-citizens participating in elections. Something that is already illegal.
The US-based Brennan Centre for Justice has found negligible rates of fraud across America and claims that elections have been subject to mass fraud have been consistently debunked.
Additionally, in the US there is no free universal ID and a high rate of people who do not have access to citizenship documentation, like a passport or birth certificate. The Brennan Centre estimates 9% of eligible voters, 21.3 million Americans, do not have ready access to this documentation. Of those 21.3 million, they disproportionately come from low-income backgrounds, are more likely to be black or Hispanic, and elderly.
In the wake of the violent presence of Immigration and Customs Enforcement Agents on American streets, it is not hard to guess which groups of eligible voters may be put off voting because of these requirements.
The tone of this debate may sound familiar to those who remember the Elections Act 2022 in the UK. A policy that could restrict voting disproportionately for large numbers of people already having a tough time in response to a problem that is minimal at best.
What stage is the legislation at?
So far, the SAVE Act has passed through the House of Representatives, currently controlled by the Republican party, and is headed towards the Senate.
It hasn’t reached the Senate yet, but it is narrowly controlled by the Republicans. Though, with a healthy opposition. The Act is unlikely to go further due to filibustering and procedural barriers.
Conclusion
Ultimately, the SAVE Act is unlikely to become law, but the debate will endure.
The contrast couldn’t be more striking. Just as the UK is expanding our voter ID requirements to make sure no eligible voter misses out, Washington is considering tightening their rules at a federal level.
The lesson is the same for both sides of the ‘special relationship’; securing elections should not and does not have to cost making voting accessible.
Support the Electoral Reform Society
If you join the Society as a member, your contributions will support our work in parliament, as well as in the press and online – making the case, and backing it up – for how we can fix Westminster’s broken system.
Join the Electoral Reform Society today