Electoral Fraud or Fraudulent Rhetoric: An Analysis of Jurisprudential and Political Arguments Over Voter Photo Identification Laws

Andrew Winerman :: SSRN:
"This paper argues that there are consistent rhetorical frameworks employed by politicians and judges who take opposite stances on the question of whether procedural laws relating to voting should be made or be permitted to be made more stringent, versus those who want the procedural requirements left alone or made simpler. Advocates of more stringent laws emphasize the rhetoric of individual choice and capacity, while their opponents often focus on the issue of interest group balancing and differential impact of procedural voting laws on particular groups within society. These frameworks are used to illuminate the debate over controversial voter photo identification laws in both the political sphere and the legal sphere."