Calling Photo ID Laws “Jim Crow 2.0”: A Historical Misstep That Disrespects Freed Slaves

The SAVE Act, which the House approved with four Democratic votes, remains stalled in the Senate after Democrats labeled it “Jim Crow 2.0.”

This characterization insults not only today’s American voters but also the memory of African Americans denied suffrage under actual Jim Crow laws following the Civil War.

The SAVE Act, or Safeguard American Voter Eligibility Act, would apply to all federal elections and require proof of citizenship for voter registration. Republican lawmakers have introduced the SAVE America Act, which mandates photo identification at polling places during federal elections.

These measures are designed to facilitate secure voting while making it more difficult to commit electoral fraud.

A Gallup poll conducted a few weeks before the 2024 presidential election revealed that 83% of U.S. adults support requiring proof of citizenship for first-time voter registration and 84% favor photo identification at polling places.

Despite this widespread approval, Congressional Democrats have fought vigorously to block the bills, calling them “Jim Crow 2.0,” a claim even mainstream media outlets have questioned.

On Sunday, a reporter asked Senator Adam Schiff, D-California, whether he would support nationwide photo ID requirements after a recent poll found that 83% of adults—including 71% of Democrats—favor such laws.

Schiff dismissed the proposal’s popularity and labeled it voter suppression, an accusation he claimed insulted his constituents.

Last week, Senator Chuck Schumer, D-New York, addressed the issue on a major news program. He stated: “What they’re trying to do here is the same thing that was done in the South for decades to prevent people of color from voting.”

Schumer’s comments imply that many voters of color might be unable to present photo identification, despite the near-universal possession of such documents among U.S. adults.

He further claimed: “For instance, if you’re a woman who got married and changed her last name, you won’t be able to show ID and you’ll be discriminated against.”

Schumer also added that individuals without birth certificates or proper identification would face discrimination.

These examples reflect what critics call the “soft bigotry of low expectations,” an insult to voters’ intelligence.

More significantly, labeling photo ID laws as “Jim Crow 2.0” insults freed slaves who endured Jim Crow practices after the 15th Amendment was ratified in 1870, which prohibited federal and state governments from denying suffrage based on race, color, or previous condition of servitude.

However, Democratic-run Southern states enacted workarounds that effectively disenfranchised Black voters for decades. These were known as Jim Crow laws.

Comparing modern voter ID requirements to these historical practices is historically inaccurate and a profound disrespect to the struggles of emancipated slaves in exercising their fundamental right to vote.

Moreover, many developing countries—including Nigeria, Kenya, and Pakistan—require photo identification to vote.

Currently, the SAVE Act and its companion SAVE America Act are dead in the Senate due to an inability to secure 60 votes to end debate.

A proposed solution: Republicans could call for votes on these measures every two weeks and publicly name Senate Democrats who oppose them.

With midterm elections approaching in November, Democrats may grow weary of being criticized for rejecting proposals with such overwhelming public support.

The time has come to demonstrate the true character of Democrats and secure our elections—just like Nigeria.

Michael Dorstewitz is a retired lawyer, former U.S. Merchant Marine officer, and Second Amendment supporter.