Turning to the States: Why Voting Rights Advocates Should Bring Voter ID Challenges to State Courts and How to Identify a Friendly Forum—Lessons from the Post-Crawford Decisions

The “myth of voter fraud” poses a significant threat to American democracy by both disenfranchising large numbers of voters and by weakening the public’s faith in elections. Noting that about twenty-one states currently enforce strict voter ID requirements, and that many state legislatures are in the process of further restricting access to the polls, this Comment urges voting rights advocates to challenge voter ID laws in state court—and proposes potential pathways for doing so.