Expanding democracy in Massachusetts

By LEO MALEY

Published on May 09, 2008

Last week the United States Supreme Court ruled 6-3 to uphold a restrictive Indiana voter ID law that requires voters to provide a federal or state photo ID every time they vote. Supposedly, the law would prevent voter fraud, despite the fact, as Justice David Souter noted in his dissenting opinion, that the state had not been able to "identify a single instance of in-person voter impersonation fraud in all of Indiana's history." In reality, the law discourages voter participation. Millions of people - disproportionately racial minorities and the poor - lack the forms of ID required to vote in Indiana. Over 20 states require some form of ID to vote. (Massachusetts, thankfully, is not one of them.)

Recent months have seen record turnout in presidential primaries. But this judicial decision stands as a stark reminder - as if the court's prior decision in Bush v. Gore was not reminder enough - that the struggle for full electoral democracy is as yet unfinished business in the United Sates.

Massachusetts legislators have an important opportunity this year to take a stand for expanding democracy. Senate Bill 2514 would allow for election-day voter registration in Massachusetts.

The history of voter registration laws (like the current push for voter ID laws) is less than admirable. A recent report issued by DEMOS, a nonpartisan research and advocacy organization, notes that voter registration requirements often "were part of an array of measures, including poll taxes and literacy tests, that were used to disenfranchise segments of the potential electorate, including immigrants, the poor, and minorities."

Eight states, including New Hampshire and Maine, allow voters to register to vote and cast their ballot on Election Day. EDR states experience higher than average rates of voter participation. In the 2006 midterm election, EDR states averaged 48.7 percent voter turn out, while non-EDR states averaged just 38.2 percent turnout. Similar differences in voter participation are found in presidential elections. In 2004 non-EDR states averaged 63.2 percent turnout. EDR states had 75.1 percent turnout.

Massachusetts currently restricts voting to individuals who are registered 20 days in advance of an election. DEMOS estimates that were same-day voter registration enacted in Massachusetts overall voter turnout would likely increase by about five percent. Turnout among voters aged 18 to 25 could increase by nearly 10 percent and turnout of those who have moved within the past six months would increase by just under six percent.

S. 2514 would provide for a trial run for EDR in the November 2008 and November 2010 elections. Mass Vote, Common Cause and the League of Women Voters are leading the charge for this reform. The bill has the support of Gov. Deval Patrick and Secretary of the Commonwealth William Galvin. Our own state senator, Stan Rosenberg, supports this legislation. The bill received a favorable vote in the joint House and Senate committee that considers election laws. But the bill has not yet come up for a vote in the full Senate and the legislation will effectively die if it is not voted on by the end of July. Legislators should hear from constituents that this is something they ought to be able to vote on before the clock runs out.

Democracy is a work in progress. Supporters of expanded democracy should check out Mass Vote, Common Cause and the League of Women Voters. These organizations deserve our financial support. And they provide ample opportunity for individuals to advocate on behalf of expanding democratic principles through enacting reform measures at the state and national level.

Leo Maley is executive director of Progressive Massachusetts PAC. He lives in Amherst.