The Senate Committee on Rules and Administration held a hearing March 12 on the controversial tactics states and the federal government have used and proposed in response to claims of voter fraud. Senators who testified were sharply divided along partisan lines. Democrats argued that voter fraud is a false pretence used to justify laws that disenfranchise poor, minority, and elderly voters, but Republicans asserted that the problem is real and needs to be addressed. Nonpartisan witnesses cautioned lawmakers against exaggerating the extent of any election fraud.

Voter fraud (more accurately described as voter impersonation) has become a politically divisive topic over the last several years across all levels of government — federal, state, and local. Senate Rules Committee Chair Dianne Feinstein (D-CA) described the purpose of the hearing, saying, "At today's hearing, I hope we will get into a full and robust discussion regarding to what extent that there is in-person voter fraud. Or to put it another way — are individuals going to vote pretending to be registered voters at the polls?" Despite Feinstein's appeal to reason, the testimony reflected the issue's troubled history.

Since 2002, the Bush administration has dedicated resources to investigating alleged incidences of voter fraud through the Department of Justice's (DOJ) Ballot Access and Voting Integrity Initiative. The refusal of several U.S. Attorneys to pursue voter fraud prosecutions, despite pressure from the administration, ultimately led to the "Attorney-Gate" scandal that felled former U.S. Attorney General Alberto Gonzalez. During her opening statement, Feinstein said that her office repeatedly asked William Welch, the Chief of DOJ's Public Integrity Section, which has jurisdiction over election crimes, to testify at the hearing, but he refused the request.

In his testimony at the hearing, Sen. Patrick Leahy (D-VT) argued that laws that require a photo ID at the polls represent an undue barrier to voting. Leahy said, "Despite lack of credible evidence, the myth of voter fraud has increasingly been used to justify policies that suppress political participation by passing laws that threaten to exclude millions of eligible voters, with a disproportionate impact on vulnerable populations, such as the elderly, low-income, disabled, and minority communities."

Sen. Kit Bond (R-MO) argued on behalf of proponents of photo identification requirements, saying, "Vote fraud is alive and well in America. The only question for us is, are we willing to stop it?" He went on to defend the Missouri law requiring photo ID at the polls, saying, "Indeed, showing an ID is a universal feature of modern life. Cashing a check, renting a movie, boarding a plane, all require a photo ID. And for those who do not have one, photo ID laws now require States to provide photo IDs at no cost to anyone shown in such need."

Several witnesses before the Committee challenged Bond's assertion that voter fraud is "alive and well." Justin Levitt, counsel for the Brennan Center for Justice, cited their recent report that evaluated allegations of voter fraud, The Truth About Voter Fraud. Levitt testified that based on his extensive research, "We conclude that the incidence of actual in-person impersonation fraud is extraordinarily rare. Though it does occur, there are only a handful of recent accounts, even fewer of which have been substantiated."

David Iglesias was one of the former U.S. Attorneys infamously fired for not pursuing voter fraud as vigorously as the Bush administration wanted. Iglesias testified that as a U.S. Attorney, he established an Election Fraud Task Force in his district to investigate and prosecute cases of election fraud but found no evidence that voter fraud existed. He consequently filed no prosecutions.

The debate over voter fraud and its outcome has important ramifications for voters across America because it is being used to rationalize new laws requiring voters to present photo identification at the polls. Georgia, Missouri, and Indiana have all passed such laws. Similar legislation has been introduced in 18 other states in the current session (2007-2008). The issue is also pending at the U.S. Supreme Court. In January, the court heard oral argument in Crawford v. Marion County Election Board, a case testing the constitutionality of Indiana's voter ID law.

Also testifying at the hearing: Missouri Secretary of State Robin Carnahan, Georgia Deputy Secretary of State Robert Simms, and James C. Kirkpatrick of Missouri's State Information Center.