A voter ID law: Coming to an election near you?

By Alexandra Ballos, Rachel Hwang, Jared Wesley, Policy Options

Given public opinion polls and previous actions by the federal Conservatives, citizens in other parts of Canada can reasonably expect voter-ID laws to be coming to an election near them – and soon. (Pexels Photo)

On the surface, requiring citizens to show identification before voting seems reasonable. Voters should have to prove who they are to cast a ballot. 

This is why few people raised concerns when the former Harper federal government passed the Fair Elections Act in 2014, requiring government-issued ID. The federal Liberals repealed that law, but similar restrictions were imposed by the United Conservative Party (UCP) government in Alberta earlier this year. 

The UCP government says its Bill 20 is designed to “enhance the integrity of local elections” and “strengthen Albertans’ trust in local democracy.” Unfortunately, the law is a dangerous step in the opposite direction. 

Equating government-issued ID with proof of identity effectively disenfranchises thousands of citizens who have every right to vote in elections. Bill 20 stands to disqualify up to 50,000 eligible voters from participating in next year’s municipal elections simply because they don’t have government-issued ID. 

Given public opinion polls and previous actions by the federal Conservatives, citizens in other parts of Canada can reasonably expect voter-ID laws to be coming to an election near them – and soon. 

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In particular, organizations such as the Samara Centre for Democracy, Equal Voice, Fair Vote Canada, Civix, and Democracy Watch should prepare to support Albertans to access the ballot in the 2025 municipal elections and gird themselves for similar measures at the federal level if the Conservative win the next election. 

While most of those organizations’ attention is focused on effective representation, it is important to remember that the pursuit of pluralism is meaningless if the very people who are underrepresented in our democracies are unable to vote. 

In particular, measures such as Bill 20 outlaw the practice of “vouching” – the practice whereby a verified individual living in the same polling district attests to another individual’s identity or residence if the other person is missing physical proof of such. Vouching has been used across Canada for decades without controversy. 

In Alberta, illegal votes have been cast only five times since 2013 (three instances of people voting twice and two ineligible voters), with no indication that these cases were tied to the practice of vouching. Voter-ID laws are a solution in search of a problem. 

Given the impact of these laws and the fears on which they are based, it is imperative to distinguish myths from facts. 

Table 1. Responding to myths surrounding voter fraud in Canada 

Myth 1: Only voter-ID laws can prevent fraud 

Such fears are not based on empirical evidence and there is no proof that vouching is the source of the problem. Not only does election fraud occur very rarely, but misinformation about its regularity undermines democracy by pushing lawmakers to take more draconian steps to restrict access to the ballot. This amounts to politicians choosing their voters, rather than the other way around. 

Myth 2: Voter ID ensures only citizens cast votes 

Voter-ID laws are often grounded in a fear of non-citizens infiltrating our elections. Again, despite some anecdotes, there is no widespread proof of any such illegal behaviour. Even so, voter-ID laws will not prevent that particular practice. Most forms of government-issued identification in Canada do not display citizenship. 

Some documents, such as passports and birth certificates, may show citizenship but they do not display permanent residency, a status that allows thousands of Canadians to vote in municipal and provincial elections. Documents showing residency (e.g., a driver’s licence) are not exclusive to citizens, ultimately defeating the purpose of preventing non-citizens from voting. 

Myth 3: If you can’t get ID, you are not fit to vote 

Some people feel obtaining ID is the bare minimum we should expect from responsible citizens. Given the barriers many face, however, voter-ID laws place a rather high price on a fundamental democratic right. In many cases, applying for ID requires showing other forms of ID. 

For example, applying for a driver’s licence in Alberta requires two forms of other government-issued ID, such as a birth certificate or passport, as well as proof of residency for adults. 

Obtaining a birth certificate requires a government-issued photo ID, such as a passport or driver’s licence. 

Obtaining a passport requires two government-issued IDs, one of which is a photo ID, and both documents must show your name and date of birth. 

All of that creates a vicious cycle: to get identification, you need ID. Anyone who has struggled with this process can attest to the difficulty involved. Worse, the challenges have nothing to do with fitness to vote. 

Myth 4: Everyone has ID already 

A decade ago, the chief electoral officer of Canada estimated that in the absence of vouching, up to 100,000 Canadians lacked the type of government-issued ID necessary to vote. 

Voter-ID laws disproportionately affect people living in rural areas, Indigenous Peoples, students, low-income workers, victims of domestic violence and unhoused people. Compared to the extremely small number of cases of voter fraud these measures purport to prevent, a far larger number of citizens stand to be disenfranchised than helped by them.  

Myth 5: Vouching is a left-wing conspiracy 

Vouching benefits all citizens regardless of political ideology and identity. The UCP government examined vouching in 2021 and concluded that it is key to ensuring all Albertans have the opportunity to vote. 

Indeed, some suspect the implementation of voter-ID laws in the United Kingdom hurt the Conservative Party more than its opponents in the July election because they prevented many seniors and rural dwellers from being vouched for to cast a ballot. Voter-ID laws can have serious unintended consequences for governments that impose them. 

Conclusion 

Based on unfounded fears, voter-ID laws may actually make things worse, not better, for Canadian democracy. 

In the U.S., despite very rare instances of voter fraud and almost no cases of voter impersonation, former president Donald Trump’s claims of election fraud have had dangerous consequences, including the Jan. 6 Capitol attack. 

Building upon the momentum of fear, several U.S. states have started enforcing more stringent voting laws since the insurrection. 

However, the restrictions have only made voting more difficult for certain populations without bringing a solution to the non-existent problem of election integrity. 

In these ways, by legitimizing otherwise unfounded fears, voter-ID laws undermine voter confidence and create more democratic uncertainty than they resolve. 

As Albertans prepare to grapple with the impact of Bill 20, the rest of Canada should take note. 

This article first appeared on Policy Options and is republished here under a Creative Commons license.