Traugher’s decision, part of a two-hour hearing, came after a legal challenge filed by the city arguing that the library cards met the criteria under a revised state voter law. As of Jan. 1, a photo ID card issued by a state or federal institution is required as proof of identity before a ballot can be cast – a driver’s license being the most likely option. Attorneys for the state told Traugher the city lacked legal authority to issue valid picture IDs for voters, according to media reports.
A lawsuit had been expected almost from the first day – July 5 – the new library card initiative was rolled out in Memphis. The city’s library system, Memphis Mayor A.C. Wharton, Jr. said, is the very embodiment of a state institution. So there was no doubt the cards fit the requirements set down in the state law.
Bob Warburton, “Judge: Library Memphis Cards Aren’t Photo ID”, Library Journal.
This seems utterly ridiculous - not everyone has a driver’s license, and this could be the only form of state-issued photo ID that they have (because, yes! Public libraries are, in fact, a government institution). This is denying public libraries their place in government. When people sign up for a library card, they have to bring proof of who they are, so why shouldn’t a photo ID library card be proof of who they are as well? This ruling seems to invalidate not just library users, but libraries themselves.
Well, if the law requires that it be a STATE or federal institution, a library card probably doesn’t pass muster. Because public libraries are generally municipal or county institutions, and therefore not STATE identification.
I mean, here’s another example: I attend a municipal university. It is not a state-run institution but run by my city (and, you know, the Board of Regents and blah blah blah). I carry a photo ID from my university. It is NOT state-issued identification, and I could not use it to vote. But the thing is, we all agree that this is the case because it is essentially a municipal ID. It is the same with libraries.
(Which raises an interesting question about state-run universities and, if such a thing exists, STATE-run libraries. I am not sure whether there are STATE-run libraries, though.)
It’s not GOVERNMENT-issued identification that’s required, it’s STATE identification. And this is why voter education with these new (stupid) ID laws is so important: because people may very well not understand the difference between the IDs they may have and end up getting confused because they think they are set when, in reality, they are not. And this is where the Obama campaign gets props regardless of where your political loyalties lie: it has been working very hard to educate people, for free, about these things, and to prevent shitty situations.
As for the “libraries not having their proper place in government”, again: the governmentality of the library does not seem to be the issue. The issue is whether it is a STATE-issued identification. It even says that the city lacked legal authority for the required IDs, which indicates that the library’s place is in CITY government. This is the American system at work, friends: a nesting system of governments-within-governments.
If you read the article, it says that the mayor believes that the library cards do fit the requirements issued by state law. That is what the case was about: whether or not libraries can represent the state. The judge ruled no, and the ultimate ruling is ridiculous too: "Any would-be voter that presented one, he instructed, should be issued a provisional ballot. That ballot would be sealed and counted only when the resident returned within two business days with another valid form of photo ID. Early voting in Memphis began three days after Goins’ decision." This gives citizens no time to get a photo ID if they don't already have one, since usually the process can take weeks.
A lot of would-be voters are going to be shut out because of this. Even though libraries are local-level institutions, they are supported by taxes from both the city they operate in AND the state. I would consider them to be part of the state government, as well, since they adhere to both local and state laws. So I think that a public library can very accurately represent the state they reside in.