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What it means for you

A state Commonwealth Court judge on Tuesday determined that the requirement that Pennsylvania voters show a valid photo ID will not be in place for the Nov. 6 presidential election, a victory for opponents of the law. Here are the major provisions of Judge Robert Simpson’s 16-page ruling:

  • Voters won’t need photo ID: Simpson issued an injunction against provisions of the law that would keep people from voting if they don’t have photo identification. Those voters will not be required to follow an alternative procedure in which they would vote by a provisional ballot and then prove their identity to county election officials within six days of the election. Instead, they will vote the same as others.
  • The ruling only extends to the coming election:  The legal challenge to the law will continue before Simpson, with a status conference set for Dec. 13 in Harrisburg.
  • The judge said the law could disenfranchise some voters: Simpson said that with five weeks to go before the election, some people who would need photo IDs to vote might not get them in time.
  • Voter education about photo ID will continue: Opponents sought a ban on outreach and educational efforts regarding the need for photo ID. Simpson denied that request.
  • Election officials may still ask for ID at the polls: Voters can be asked for photo ID, but if they don’t have one, they won’t be kept from voting.
  • What’s at stake: Supporters of the law framed it as a means to prevent voter fraud. Opponents said it would result in qualified voters being unable to cast ballots that are counted.

Discussion

October 2, 2012

Voter ID law delayed until next year

David Hurst dhurst@tribdem.com

— Pennsylvania voters won’t have to show photo IDs to step into a voting booth on Election Day, if a Commonwealth Court ruling stands.

After two days of testimony for and against the controversial voter ID law, Commonwealth Court Judge Robert Simpson has postponed a requirement forcing registered voters to show valid identification before casting votes.

The decision comes as most Republicans and Democrats have been split about the law, with GOP leaders arguing it would strengthen steps to curb fraud and their counterparts saying the quickly-adopted law was crafted to keep young adults, minorities and the poor from voting.

Simpson made his decision after listening to testimony about confusion over the law and stories about ID requirements making it difficult for some to quickly obtain proper identification.

But the judge’s ruling only gives voters more time to acquire valid photo IDs if they plan to vote. As it stands, the law would go into full effect next year.

Democrats described Tuesday’s decision as a win for voters.

“The administration moved too quickly toward implementing this requirement without protecting the voting rights of every citizen,” state Sen. John Wozniak, D-Westmont, said, calling the law, and moves to accommodate it, confusing.

“By the time Judge Simpson heard the most recent round of arguments, the state had changed procedures and policies so much that even the dozens of lawyers involved in the case didn’t really know what was going on out there,” he said.

State Rep. Bryan Barbin, D-Johnstown, called it a violation of the state’s constitution, saying elections are supposed to be “free and equal.”

Over the past week, Republican Gov. Tom Corbett’s administration rushed at the 11th hour to try to lessen restrictions viewed as obstacles to acquiring an ID, while the law’s critics argued registered voters were struggling in attempts to comply with its provisions.

Republican GOP Chairman Robert Gleason, a Johnstown native, said he was disappointed by Tuesday’s decision, saying the state shouldn’t have to wait for “common-sense” reform.

But he noted the law remains in effect for next year’s election and will ensure “one person, one vote.”

Fellow Republicans saw Tuesday’s decision as another chance to remind the voting public of the law’s purpose.  

And that it will carry photo ID requirements next spring.

“The fact is, the election integrity provisions that have passed the House have been to preserve the right of every citizen who is entitled to vote be able to vote ... and be sure that his or her vote has not been diluted by someone else’s fraud,” state House Majority Leader Mike Turzai said.

The voter ID law, also called Act 18, is among the nation’s toughest. Republican leaders, long-suspicious about ballot box stuffing in Philadelphia, pushed its final passage earlier this year.

But a long list of groups have fought it, including the AARP and NAACP. And scrutiny grew after Turzai told party members at a fundraising dinner in June that the law would “allow Gov. (Mitt) Romney to win the state of Pennsylvania.”

The state’s 20 electoral votes are among those Romney and President Barack Obama are battling for to win the White House.

Cambria Elections Director Shirley Crowl said her office is now awaiting word on what Tuesday’s decision will mean for her poll workers in November.

Assuming the decision stands, it will likely make things a bit easier on those workers she added. The voter ID law would have allowed registered voters without IDs in hand to cast provisional ballots and then show proof of their identification within six days following the election to make their vote count.

“We’re not going to have to deal with that now ... and I think that would have created some issues for people,” she said.

Simpson’s ruling could be appealed but is viewed by insiders as likely to stand, given that it was based on guidelines given to him by his Supreme Court colleagues, The Associated Press reports.

Local voters, meanwhile, have until Tuesday to register to vote. Election Day is Nov. 6.

 

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