Race and Voter ID Laws: A Review

By: Joshua Hochberg*

Published: September 30, 2022

Abstract

Given their notoriety and the controversy they attract, social scientists have developed a large body of empirical literature on whether, and to what extent, voter identification laws disproportionately burden voters of color. However, empirical research on this topic has not been given the attention it deserves in legal scholarship. Accordingly, this Article synthesizes the empirical literature on the nexus between race and voter identification laws by addressing three empirical questions: First, are registered voters of color less likely to possess voter identification than white registered voters? Second, are voter identification laws implemented in a racially-neutral manner? And third, do voter identification laws disproportionately suppress voters of color? This Article concludes by discussing the limitations of existing empirical research.

*Copyright © 2022 Joshua Hochberg, jshochberg99@gmail.com. B.A., 2022, Tufts University. I thank Deborah Schildkraut for feedback on previous drafts, Eitan Hersh and Brian Schaffner for their guidance, and the editors of the Penn State Law Review for their meticulous edits and invaluable suggestions.

Suggested Citation: Joshua Hochberg, Race and Voter ID Laws: A Review, 127 Penn St. L. Rev. Penn Statim 31 (2022).

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