March 07, 2011 10:21 PM UTC

Reminder: Gessler-Backed Voter ID Bill, Solution Without a Problem

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• by: Colorado Pols

One of the few anti-immigrant bills to escape the narrowly GOP controlled Colorado House is the somewhat more subtle House Bill 1003, a voter photo ID proposal we’ve talked about a couple of times now (see: Stay Classy, Jim Kerr). Set for debate this afternoon in the Senate State Affairs committee, we expect this bill to meet its fate in its first post-House test.

The reason for this expected failure is best explained by its primary supporter, Secretary of State Scott Gessler himself–from his testimony in support of the bill last month:

Can’t see the audio player? Click here.

Rep. Joe Miklosi: Thank you Mr. Chair, my last question, Mr. Secretary of State, I just wanted to verify the first question, to your knowledge there’s no verified instances of fraud?

Gessler: Well, I’m not quite sure how you, ah, I’m sorry…

Chair: Representative [inaudible] Secretary Gessler…

Gessler: Thank you, thank you Mr. Chair. I’m not quite sure how you define ‘verified’ instances of fraud, if you mean there’s been an investigation and an official report on that, no. [Pols emphasis] If I do believe that there have been instances of fraud that photo identification would prevent, I do believe that, in Colorado.

Nicely put, right? Gessler “believes” that illegal immigrants are voting. Well, we “believe” that unicorns are voting in vast numbers–who knows where those mail ballots are going, right? Behind closed doors, there could be hundreds of horned horses participating in our democracy!

When Secretary of State Gessler says there’s never been an “investigation,” what he’s saying is there has not been an incident that rose to the level of investigating. It is already against the law to vote when ineligible, and when there is probable cause to believe that laws have been broken, a criminal investigation would be the logical result. Presumably a “report” would be a police report, right? Do you see how he’s downplaying the central element to his whole case? That is, evidence to support the idea that forcing citizens to produce a photo ID in order to exercise their constitutional right to vote is justifiable? Evidence of a problem?

Look, maybe Gessler’s hunch is correct. It’s entirely possible that at some point in Colorado history, somebody legally ineligible to vote has voted. You have to allow for that. But there has never been a documented case of an illegal immigrant casting a ballot in Colorado. Responsible governments do not make public policy affecting the most sacred institution in their trust, democratic elections, on the basis of “hunches.” Either what Gessler really wants is a study of a problem he suspects but can’t prove, or this isn’t about any “problem” he is willing to talk about.

It’s just about fewer people voting.