Before convicting four Alabama counties of voter fraud, let's see the evidence

Published on AL.com on April 24, 2014 at 3:24 PM 

If you needed to rotate the tires on your car would you accomplish that task by changing the oil? Silly idea isn’t it?
Yet that analogy is on target when you look at the Alabama Legislature’s actions in establishing strong voter ID laws. They claim that they are reacting to fraud allegations and a crowd of onlookers, columnists and pundits, are cheering them onward.

Unfortunately, only a brief examination of the “evidence” shows no fraud. I am a Certified Fraud Examiner. The definition of fraud is specific (wrongful or criminal deception intended to result in financial or personal gain) and to casually alleging such is irresponsible. In order to prove fraud, not only do you have to show what happened, you have to show intent as well. Lacking a confession admitting intent, fraud is proven in court by ruling out all other possibilities. 

 

Let’s look at the latest “evidence” and see if it meets the definition of proving fraud. Four counties in Alabama, Macon, Wilcox, Lowndes and Greene, have more voters on the roll than the US Census Department estimated their adult populations to be in 2012 by a cumulative 2934 people. And, these counties vote with a strong Democratic majority. Not only that, but in 2012 former Alabama Congressman Artur Davis alleged that wholesale voter fraud goes on in parts of the Black Belt. Convinced that there is fraud going on? Don’t convict just yet.

Is there a possible explanation other than fraud for the difference? Yes, in fact there are several possible explanations. The Census Bureau’s estimates could undercount the populations of these counties. Only a small underestimation in these counties could account for the entire difference.
But if the estimates are correct it still does not indicate fraud, only that an explanation is needed. Could the rolls simply be out of date? Both of these are possible and are not fraudulent. Secretary of State Jim Bennett is right when he says that the discrepancies create opportunity for voter fraud, but opportunity is not fraud.

The question as to why there is a discrepancy should be investigated thoroughly before corrective actions taken. How can you fix a problem before you know what the problem is? If the voter rolls are out of date, they should be updated. If they are intentionally overstated, then someone should go to jail.

In order to prove fraud, not only do you have to show what happened, you have to show intent as well. 

 

Artur Davis’ allegations should also be fully investigated. Since his allegations two years ago Luther Strange has had plenty of time to look into this, yet we are still waiting for arrests. There have been other allegations of voter fraud in the last few years in Alabama, most often concerning absentee ballot abuse.

These are serious and troubling. For supporters of the new voter ID laws, these allegations are reason enough to warrant strong ID laws. They argue that we don’t need to wait for an election to be stolen to put in controls to stop fraud. I agree with them completely – except that voter ID laws do nothing to address the allegations of fraud that have been made to date.

In order to steal an election, you need a lot of votes. That’s why allegations to date allege vote buying and fraudulent absentee voting. Vote buying was alleged recently in a Tuscaloosa election. White fraternities and sororities were accused of buying votes with promises of limo rides and free alcohol. These were valid voters with ID’s. The new law does nothing to prevent this.

It is the duty of county voting officials to investigate suspicious requests for absentee ballots. Therefore wholesale absentee ballot fraud would almost certainly require the participation of county voting officials, who can circumvent the absentee ballot rules. Once again, voter ID rules would not prevent corrupt officials from manufacturing requests for absentee ballots.

Even if ID laws do nothing to prevent the type of fraud that is most likely to occur, what is wrong with showing a specific type of state issued ID at the polls? Many studies throughout the country conclude that strict voter ID laws have a disproportionate effect on the black elderly and poor. They are more likely to not have proof of birth or residency and more likely not to have transportation to county courthouses to obtain ID’s. This is a burden that will prevent some from exercising their rights as citizens.

If ID laws don’t prevent fraud why did our legislature really pass voter ID laws? Various Alabama Democrats have alleged racism. Intent is hard to prove and I object just as strongly to allegations of racism as I do fraud without proof. The record is clear. Not every Alabama Republican legislator called black voters “aborigines” or admitted under oath that he was worried that high black turnout would benefit Democrats.

And although Alabama’s Republicans have tried to redraw district lines in a manner that limits black voting power this does not prove racism in itself. But Alabama has a troubling history on race and any disproportionate effect warrants a questioning of motives.

I’d support calls for better voter ID laws if the program were designed so that EVERY legal voter received an ID for free and without undue burden. But if we really want to prevent fraud, let’s improve controls over how the ballots are distributed and counted and quit throwing up barriers to valid voters. Finally, let’s stop the name-calling. Not everyone who supports voter ID laws is racist and being against ID laws does not mean you support fraud.