Editorial: House bill could unfairly limit voting rights
Athens Banner-Herald | Story updated at 6:24 pm on 1/14/2009


Conceding that state Reps. James Mills, R-Chestnut Mountain, and Roger Williams, R-Dalton, are addressing a legitimate public policy issue with a measure designed to keep illegal aliens from voting, their House Bill 45 nonetheless raises some questions.

Given the massive fiscal challenges facing state government, along with major transportation and water supply issues, the first couple of questions about the North Georgia legislators' initiative are exactly how big a problem voting by illegal residents is in Georgia, and whether this is the year to address it, if it indeed is a problem.

It's hard to imagine there are any illegal aliens even thinking about lining up at county voter registrars' offices attempting to get their names on the voter rolls. They are, by virtue of their illegal status, manifestly uninterested in alerting authorities - even those, like voter registrars, who aren't armed or particularly threatening otherwise - to their presence here.

HB 45 would require that "an application for (voter) registration ... be accompanied by satisfactory evidence of United States citizenship." The proposal then sets out examples of what would constitute "satisfactory evidence": a "legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars"; a photocopy of "pertinent pages of the applicant's United States passport"; U.S. naturalization documents or other "documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986"; or, for Native Americans, a Bureau of Indian Affairs card number, tribal treaty card number or tribal enrollment number.

If HB 45 becomes law, its provisions would apply to people who register to vote after July 1 of this year, to any voter who moves from one Georgia county to another, or to any voter who moves to Georgia from another place where they were registered to vote.

The bill's language certainly appears to meet the goal of keeping illegal aliens from registering to vote. However, it also could create undue hardships for many legitimate Georgia residents who might want to register. In addition, the bill's language opens the door to potential official abuse of the registration process.

With regard to the documentation requirements of HB 45, it's a virtual certainty the only documentation many poor or minority Georgia residents could produce is a photocopy of their birth certificate.

In cases in which they don't happen to have even that documentation readily at hand, they'd be required to make a trip to the vital records office in the county of their birth or contact the Georgia Secretary of State's Office, which would assess a $10 fee for finding and mailing out a copy of the birth certificate. Getting a certified copy of a birth certificate from the Secretary of State's Office requires filling out a form that requests a host of information, including the mother's maiden name.

While registering to vote should entail some effort, and maybe even some expense, it's arguable that HB 45 would impose an untenable financial and practical burden on some potential registrants with legitimate residency in the state.

It's also interesting that HB 45 would give the local board of registrars the power to determine whether the birth documentation presented by a potential voter is adequate to allow registration. It's true that provision of the proposed law could be used to allow registration when birth information isn't complete, but it's also true that same provision could be used to deny registration in cases where the birth information is entirely adequate.

As currently written, this bill poses some real threats to the right to vote in Georgia, and should be rejected by the state legislature.

Originally published in the Athens Banner-Herald on Thursday, January 15, 2009

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