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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, October 02, 2015

Voter ID Splits John Kasich From the Republican Pack


National Journal

By Kimberly Railey
October 2, 2015

Des­pite some con­ten­tious mo­ments at their two de­bates, the Re­pub­lic­an pres­id­en­tial can­did­ates—from the mod­er­ates to the arch­con­ser­vat­ives—largely align on many is­sues. But on the is­sue of voter ID, an im­port­ant one to many Re­pub­lic­ans, Ohio Gov. John Kasich splits sharply from the rest of the con­tenders for the GOP pres­id­en­tial nom­in­a­tion.

Kasich sup­ports the voter-iden­ti­fic­a­tion law now in place in Ohio, which ac­cepts some pho­to­less doc­u­ment­a­tion at the bal­lot box, such as a util­ity bill, bank state­ment, or copy of a paycheck.


“We haven’t had any prob­lem with voter fraud,” Kasich ad­min­is­tra­tion spokes­man Joe An­drews told Na­tion­al Journ­al. “And we think that the sys­tem we have is work­ing.”

Kasich’s stance re­flects the more mod­er­ate Re­pub­lic­an brand he’s push­ing in the pres­id­en­tial race. While oth­er GOP con­tenders are tack­ing to the right on a host of is­sues, he’s aim­ing to carve out a niche as a cent­rist, elect­able, es­tab­lish­ment-lane can­did­ate.

But Kasich’s views on voter ID put him squarely at odds with every oth­er GOP pres­id­en­tial con­tender on re­cord, as well as at odds with some Re­pub­lic­ans on his home turf. Ohio Re­pub­lic­an le­gis­lat­ors are launch­ing an­oth­er push for a voter-ID bill, which would re­quire voters to present a driver’s li­cense, pass­port, or mil­it­ary ID at the polls.

Kasich’s ad­min­is­tra­tion doesn’t com­ment on pending le­gis­la­tion, An­drews said.

In the past, Kasich hasn’t al­ways stated his po­s­i­tion on the is­sue clearly. In 2011, Kasich avoided dir­ectly an­swer­ing a ques­tion about his stance on voter-ID le­gis­la­tion, which the Ohio le­gis­lature has weighed mul­tiple times. At the time, he said, “I’m al­ways in fa­vor of more people vot­ing, but I also want to make sure that when we count the votes, we don’t have fraud, so I think we can achieve both.”

Here’s where his GOP rivals stand on the is­sue.

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

In his book Im­mig­ra­tion Wars, Bush ex­pressed sup­port for voter-ID laws, ar­guing that they’re a ba­sic com­pon­ent of state sov­er­eignty. The former Flor­ida gov­ernor said that states should make it “simple” for res­id­ents to ob­tain iden­ti­fic­a­tion forms.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

Bush in his book also said that he sup­ports Ari­zona’s voter-ID law, which re­quired that voters in Ari­zona provide proof of cit­izen­ship when re­gis­ter­ing to vote and show gov­ern­ment-is­sued photo IDs on Elec­tion Day. The Su­preme Court struck down the le­gis­la­tion in 2013.

In his book One Vote, Car­son en­dorses the prac­tice, say­ing, “I hope every­one (minor­it­ies in­cluded) across Amer­ica will take re­spons­ib­il­ity for hav­ing prop­er iden­ti­fic­a­tion doc­u­ments, which are very easy to ob­tain as long as one does not wait un­til the last minute to ac­quire them.” Car­son also sup­ports “fees” for the IDs.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Un­clear.

Car­son refers to “gov­ern­ment-is­sued iden­ti­fic­a­tion” in mak­ing his case for voter-ID le­gis­la­tion, but he does not ex­pli­citly say if a photo should be re­quired. His cam­paign did not re­turn a re­quest for com­ment from Na­tion­al Journ­al.

Chris Christie

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Un­clear.

Christie does not ap­pear to have taken a stand dir­ectly on the is­sue. But he did de­nounce as “ri­dicu­lous” at­tacks from Hil­lary Clin­ton on GOP can­did­ates’ sup­port for state voter-iden­ti­fic­a­tion and voter-re­gis­tra­tion laws. “She doesn’t know what she’s talk­ing about,” he said. He ad­ded that ex­pand­ing early vot­ing would in­crease the op­por­tun­ity for fraud at the polls.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Un­clear.

Christie does not seem to have spoken pub­licly about the top­ic. His cam­paign did not re­spond to an in­quiry from Na­tion­al Journ­al.

Ted Cruz

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

Cruz has long been a sup­port­er of voter-ID laws as a way to pre­vent voter fraud. In 2013, after the Su­preme Court struck down Ari­zona’s voter-ID law, Cruz filed an amend­ment to the Sen­ate im­mig­ra­tion bill re­quir­ing proof of cit­izen­ship to vote in elec­tions for fed­er­al of­fice.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

In 2007, as Texas so­li­cit­or gen­er­al, Cruz wrote an amicus brief on be­half of eight states de­fend­ing the In­di­ana voter-ID law, which man­dated a photo ID to vote.

This Au­gust, when the Fifth Cir­cuit Court of Ap­peals de­term­ined that the Texas voter-ID law vi­ol­ated the Vot­ing Rights Act, Cruz called the de­cision “pro­foundly dis­ap­point­ing.” Un­der the law, voters must show a val­id photo ID be­fore vot­ing. In a state­ment at the time, Cruz said, “There is noth­ing ‘dis­crim­in­at­ory’ about a law that pro­tects the le­git­im­ate votes of Amer­ic­an cit­izens and pro­motes the in­teg­rity of our elec­tions—which is pre­cisely what Texas’s com­mon-sense voter-ID law does.”

Carly Fior­ina

Fior­ina does not ap­pear to have spoken out on the is­sue, and her cam­paign did not an­swer an in­quiry from Na­tion­al Journ­al ask­ing about her stance.

Jim Gilmore

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

In 1999, as gov­ernor of Vir­gin­ia, Gilmore cre­ated a pi­lot pro­gram that would have re­quired voters in 10 Vir­gin­ia loc­al­it­ies to show iden­ti­fic­a­tion be­fore vot­ing in the state’s le­gis­lat­ive elec­tions. A Vir­gin­ia Su­preme Court pan­el killed the ex­per­i­ment.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

Gilmore cam­paign spokes­man Dan Kreske said the former Vir­gin­ia gov­ernor sup­ports such le­gis­la­tion.

Lind­sey Gra­ham

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

At a Sen­ate hear­ing in 2011, Gra­ham lent his sup­port to voter-ID re­quire­ments. He said: “30 states have some form of voter-ID re­quire­ment. So I think this is the fu­ture of the coun­try, something we should em­brace at the fed­er­al level, be­cause elec­tions do mat­ter.”

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

At the same 2011 hear­ing, Gra­ham said South Car­o­lina’s law re­quir­ing photo iden­ti­fic­a­tion to vote “makes em­in­ent sense.” In 2013, he voted in fa­vor of an amend­ment that would man­date a gov­ern­ment-is­sued photo ID for vot­ing in fed­er­al elec­tions.

Mike Hucka­bee

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

On his Fox News show, Hucka­bee dis­missed as “phony non­sense” the idea that voter iden­ti­fic­a­tion “dis­en­fran­chises voters who are old or black.” He staked much of his po­s­i­tion on the need to com­bat voter fraud, say­ing, “A fraud­u­lent vote is a stolen vote.”

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

To prove his point, Hucka­bee on his tele­vi­sion show in­voked an ex­ample of Pres­id­ent Obama us­ing his photo ID at the polls. He said, “If the most re­cog­niz­able per­son in the en­tire United States of Amer­ica has to show his photo ID, why is it too much to ask that of the rest of us?”

At an Amer­ic­ans for Prosper­ity con­fer­ence last year, Hucka­bee lamen­ted the lack of photo iden­ti­fic­a­tion needed to vote. “When I go to the air­port, I have to get in the sur­render po­s­i­tion, people put hands all over me, … but if I want to go vote, I don’t need a thing,” he said in his re­marks.

Bobby Jin­dal

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

Jin­dal has signaled he backs voter-iden­ti­fic­a­tion laws and has down­played con­cerns over them. In June, he said the laws are “not an un­usu­al or over­whelm­ing bur­den.”

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

In 2006, when he was a Louisi­ana con­gress­man, Jin­dal voted in fa­vor of le­gis­la­tion that would have re­quired gov­ern­ment-is­sued iden­ti­fic­a­tion to vote in fed­er­al elec­tions.

George Pa­taki

Pa­taki does not seem to have weighed in on the is­sue yet. His cam­paign did not an­swer a re­quest for com­ment from Na­tion­al Journ­al.

Rand Paul

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

Paul has ap­proached the is­sue with more nu­ance than most oth­er Re­pub­lic­ans, though. He seemed to break with his party in 2014, when he said the GOP’s em­phas­is on voter-ID laws is hurt­ing the party’s stand­ing among Afric­an-Amer­ic­ans.

“Every­body’s gone com­pletely crazy on this voter-ID thing,” Paul told The New York Times. “I think it’s wrong for Re­pub­lic­ans to go too crazy on this is­sue be­cause it’s of­fend­ing people.”

But Paul’s team later signaled that didn’t in­dic­ate his op­pos­i­tion to voter-ID laws. A Paul spokes­man said the Ken­tucky sen­at­or be­lieves the spe­cif­ics of voter-ID laws should be up to the states to de­cide.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

In 2013, Paul voted “yes” on an amend­ment re­quir­ing gov­ern­ment-is­sued photo ID at the polls. But Paul has again struck a softer tone com­pared with oth­ers in his party.

Last year, he told Fox News’s Sean Han­nity: “To see Eric Hold­er, you’ve got to show your driver’s li­cense to get in the build­ing. So I don’t really ob­ject to hav­ing some rules for how we vote. I show my driver’s li­cense every time I vote in Ken­tucky, and I don’t feel like it is a great bur­den.  …  But I do mean what I said, that Re­pub­lic­ans need to be aware that there is a group of voters that I’m try­ing to court and that we should be try­ing to court who do see it as something dir­ec­ted to­wards them.”

Marco Ru­bio

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

At a cam­paign stop with Mitt Rom­ney in 2012, Ru­bio said people have to show ID for a host of activ­it­ies, in­clud­ing board­ing a plane. “What’s the big deal? What is the big deal?” he said.

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

Ru­bio backed an amend­ment in 2013 that would re­quire a gov­ern­ment-is­sued photo ID to vote in fed­er­al elec­tions.

Rick San­tor­um

Do you sup­port le­gis­la­tion re­quir­ing voters to show some form of iden­ti­fic­a­tion at the polls? Yes.

In 2012, San­tor­um told Think­Pro­gress that he sup­ports voter-ID laws be­cause, as he states it, “the only reas­on you don’t have a voter ID is you want to con­tin­ue to per­pet­rate fraud.”

If so, should voters have to present an iden­ti­fic­a­tion doc­u­ment with a photo on it? Yes.

San­tor­um spokes­man Matt Beyn­on said that San­tor­um sup­por­ted the voter-ID meas­ures passed in Pennsylvania, which re­quired voters to show a state-ap­proved photo ID at the polls. A state judge struck down the law in 2014.

Mean­while, San­tor­um has also voiced sup­port for ex­pand­ing the vot­ing rights of felons. In a 2012 pres­id­en­tial de­bate, he at­tacked Mitt Rom­ney for not tak­ing that po­s­i­tion, say­ing, “This is a huge deal in the Afric­an-Amer­ic­an com­munity, be­cause we have very high rates of in­car­cer­a­tion, dis­pro­por­tion­ately high rates, par­tic­u­larly with drug crimes, in the Afric­an-Amer­ic­an com­munity.”

Don­ald Trump


Trump’s cam­paign told Na­tion­al Journ­al that the real-es­tate mogul has yet to take a po­s­i­tion on the is­sue. Cam­paign man­ager Corey Le­wan­dowski said Trump’s stance would be pos­ted in a po­s­i­tion pa­per on­line on voter re­gis­tra­tion, voter-ID laws, and on­line vot­ing, though he de­clined to of­fer a time line bey­ond “way be­fore the end of the year.”

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