The most recent episode of the Prospect podcast is a conversation with my colleague Abby Rapoport on voter identification laws.

One thing that we begin to talk about, but don’t spend enough time on, is the normative argument against voter identification. So far, liberals have devoted their time to showing the rarity of in-person voter fraud—the kind ostensibly prevented by voter-ID—and the low likelihood that it would affect the outcome of an election. Tactically, this makes a lot of sense. The push for voter ID usually comes with stories of massive voter fraud, that play on public distrust toward government. If you can counter those stories with facts, you can make voters think twice about implementing an additional burden for voting.

Yesterday, Eric Holder opened a new front in his fight to preserve voting rights, as the Department of Justice announced that it would launch an investigation into Pennsylvania's voter ID law. The attorney general has been an outspoken critic of the strict new laws that require voters to show government-issued photo identification, calling them the equivalent of a modern-day "poll tax." The DOJ has blocked implementation of voter ID in Texas and South Carolina—states that, because of their histories of voter suppression, are listed in Section 5 of the Voting Rights Act and therefore must get preclearance from the DOJ before they can change their election laws.

If Americans don't believe that elections are conducted fairly, or believe that the person who takes office didn't actually win, the implications for the country are pretty scary. But according to one recent survey, distrust in election outcomes is startlingly widespread—and growing.

Ten states have recently passed laws requiring voters to present government-issued photo identification before they can vote. Ostensibly, these laws are to prevent voter fraud. However, a study by nonpartisan university researchers at NYU's Brennan Center for Justice has shown that voter fraud is microscopic (e.g., 0.00004% of the votes in the 2004 Ohio election were fraudulent); the penalty for getting caught is so large (5 years in prison), and the effect of one vote so small, that nobody risks it. The very occasional fraudulent vote is invariably from an ex-felon or green-card holder who mistakenly thought he had the right to vote.

The debate around voter ID laws is generally one about protection versus disenfranchisement. Advocates of the laws, which require photo identification to vote, often say the law won't have an impact anyone who's voting legally. In Pennsylvania, the Secretary of the Commonwealth assured lawmakers that 99 percent of voters in the state had the necessary identification, and promised that "No one entitled to vote will be denied that right by this bill." Her views were echoed by Republican lawmakers throughout the state who pushed for the measure. You need a photo ID for everything these days, the logic seemed to go, so why not voting too? After all, who doesn't have a photo ID? 

In her excellent piece about the Republican Party's systematic vote suppression efforts, Dahlia Lithwick details the various strategies:

Barack Obama's former right-hand man accused Republicans of passing laws to shut out Democrats from voting in the next presidential election. "There's no doubt that Republican legislatures and governors across this country have made an attempt to try to win the elections in 2012 and 2011 by passing laws that are restrictive, that are meant to discourage participation, particularly by key constituencies that have voted Democratic in the past," said David Axelrod, former White House official and current senior advisor to the Obama campaign.