Democrats are laying the groundwork to oppose a photo ID bill Republicans will bring to the Senate floor Thursday, arguing that voting laws are best left to the states or that the legislation before them is too restrictive.
The vote, on a proposal that requires a driver’s license or comparable ID to cast a ballot in federal elections, represents the latest attempt by Republicans to divide Democrats on a subject that cuts decidedly in their favor.
At least 80% of voters support photo ID, polling that Republicans have repeatedly pointed to as the Senate debates the SAVE America Act, an election bill that Democrats claim is an attempt at voter suppression.
Democrats generally sidestepped how they would vote on the amendment Wednesday, telling the Washington Examiner they had not yet reviewed the language. But one of the most common responses from opponents was that the federal government should let each state decide whether voters must present ID at the polls.
“This is ultimately a question that should be left to states, as to how to regulate their elections,” said Sen. Chris Murphy (D-CT), adding that his home state of Connecticut has a “different idea about the barriers we want to put in front of people than Mississippi has.”
“Leave it up to states to be able to decide their voter laws,” Murphy, who will be voting “no” on Thursday, added.
“I haven’t looked at it, but we have voter ID in New Jersey already, and we shouldn’t be federalizing it,” said Sen. Cory Booker (D-NJ), the No. 4-ranking Senate Democrat.
The argument reflects how much the conversation on election laws has shifted from a few years ago, when Democrats were in the majority and attempting to usher a sweeping voting overhaul through the Senate.
Ultimately, a lack of Democratic support for weakening the filibuster prevented them from passing that legislation, but Republicans were also vehemently opposed and leaned on arguments about protecting states’ rights.
The Democratic bill, aimed at overturning new voting laws in red states, would have created a single national standard for administering elections, including expanding voting by mail.
By contrast, the SAVE America Act, as contemplated by the president, would ban most forms of mail voting and require photo ID and proof of citizenship to vote in federal elections.
The decision by Republicans to isolate the language on voter ID, part of days of rolling debate on the SAVE America Act, was spurred by Senate Minority Leader Chuck Schumer (D-NY) insisting that Democrats do not oppose that specific requirement and have backed it in the past.
In response, Schumer denounced the move as a “cover-up.” The SAVE America Act originally did not include a photo ID requirement, and Democrats argue the provision was added to build popular support for the legislation.
“Now, Republicans are trying to dress it up with a so-called commonsense voter ID amendment,” Schumer said on Tuesday.
He has similarly suggested that Democrats support a hands-off approach to photo ID, telling CNN in February that “each state can have its own voter ID laws, and some do and some don’t.”
The debate picked up steam last week when Sen. Jon Husted (R-OH) attempted to pass the photo ID language by “unanimous consent,” a request that Sen. Jeff Merkley (D-OR) blocked on the Senate floor. At the time, Husted argued that photo ID was a light burden for voters, given how many aspects of everyday life require it.
Republicans now plan to give the measure an up-or-down vote in a bid to divide Democrats.
“I think it’s a really hard thing to be against,” Senate Majority Leader John Thune (R-SD) said on Wednesday.
Republicans have attempted to drive a similar wedge over transgender politics, holding a vote last weekend on whether to restrict biological males from competing in women’s sports, but Democrats managed to stay united in opposing the legislation in a 49-41 vote.
Murphy called the latest vote an attempt to feed into President Donald Trump’s unfounded claims of mass voter fraud.
“This whole debate is based upon a lie that there is a systemic problem with voter fraud in this country that doesn’t exist,” Murphy said. “So, it’s just a tragedy that we’re even debating this while gas prices are through the roof, people are losing their jobs.”
“I’m not going to give in to this narrative that they’ve constructed out of thin air,” he said of the voter ID push.
Regardless of the outcome, Thune said that the vote helps Republicans go back on offense after weeks of intraparty tensions over the SAVE America Act. Nearly all GOP senators have co-sponsored the bill, but the conference is divided over whether to sidestep the filibuster, as Democrats wanted to in 2022.
“If Republicans are talking about process, yeah, we’re probably losing,” Thune said of the strategy. “If we’re talking about the substance of these issues, we’re winning.”
“And so, what I’ve tried to do is get our folks back on offense, talking about the policy differences, the contrast that we have with Democrats, and their unwillingness to support something as simple and straightforward as a photo ID, which is supported overwhelmingly by the American people, including an overwhelming majority of Democrats,” he added.
It is not yet clear whether Democrats will fracture over this latest vote. Sen. John Fetterman (D-PA), one of the only Democrats to say they would vote “yes” if the SAVE America Act was stripped down to a voter ID proposal, was noncommittal on Wednesday.
“I haven’t seen the specifics on it,” he told the Washington Examiner.
In another interview, Sen. John Hickenlooper (D-CO) said he supports voter ID but signaled he will vote no when informed that the bill does not allow voters to use a utility bill to prove identity, as his home state of Colorado permits.
Instead, the legislation allows voters to present a driver’s license, military ID card, or passport. A photocopy of the ID is required for mail-in ballots.
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“It doesn’t sound like it’s going to get my whole-hearted agreement,” Hickenlooper said.
When asked if the vote puts Democrats in a tough spot politically, Senate Minority Whip Dick Durbin (D-IL) flatly responded, “No, not at all.”