Misleading: HR1 and Election Security

10th March 2021

HR1 allows replacements for Voter ID (Getty Images).

The Claim

HR1, the "For the People Act," will ban voter ID nationwide, permanently expand mail-in voting, and weaken election security.

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Emerging story

On Wednesday, March 3, 2021, after the House of Representatives passed HR1, the "For the People Act" – which its supporters call an elections security and voting rights package – many took to social media condemning the bill as a power grab, claiming that the bill would limit free speech, increase voter fraud, and ban states from governing their own election processes, among other things.

Most notably, House Republican Whip, Rep. Steve Scalise (R-La.), accused Democrats of trying "to ban voter ID nationwide and force every state to permanently expand mail-in voting." His tweet went viral and many prominent conservatives, including Mike Pence, took up the charge and said HR1 would increase voter fraud and "trample the first amendment."

Misbar’s Analysis

Misbar's investigation found the claim to be misleading, as it is a misrepresentation of what HR1 actually does. Much of the bill's criticism is based on the notion that there is widespread voter fraud and that it will continue to allow voter fraud.

Election integrity became a major talking point in the last few U.S. elections. To date, rampant voter fraud has never been proven in U.S. elections, and former President Donald Trump's own voter fraud commission quietly disbanded in mid 2018 after finding no evidence of it. Given the unique challenges the novel coronavirus presented to in-person voting during the 2020 election, many states and cities expanded access to voting to allow people to vote from home. However, concerns that mail-in voting would lead to election fraud were largely unfounded.

Despite the lack of evidence of widespread voter fraud, some have continued to enact strict laws that others see as attacking voting rights. According to Mother Jones, legislators have introduced "more than 250 new laws aimed at restricting voting in 43 states" as of February 2021.

The New York Post identifies another key feature of HR1: "Another rule broadens automatic voter registration [AVR]. Anyone who goes to a DMV or applies for food stamps, Medicaid or other social services, or attends a public college will be automatically enrolled to vote." The bill's supporters say that this eliminates costs and paperwork. The Brennan Center for Justice points out that 18 states, plus the District of Columbia, already utilize AVR – "many with strong bipartisan support." Many activists and civil rights groups have identified what they say are socioeconomic barriers to obtaining proper IDs, which they allege disproportionately affect the economically disadvantaged and BIPOC.

HR1 also allows for same-day and online registration, which 39 states already have, as well as allowing for people to vote provisionally with a signed statement. However, like in the District of Columbia and elsewhere, provisional ballots would be invalidated if the voter could not provide further means of identification, like a government-issued ID or a bank statement.

Overall, while it is true that HRI will provide a work-around to state ID laws, it is not necessarily an outright elimination of Voter ID so much as it is a replacement, and you still have to verify who you are for your vote to count.