A Pennsylvania Commonwealth court judge has delayed enforcement of the state’s voter ID law for the November election, ruling that the difficulty experienced by voters trying to obtain a valid ID made disenfranchisement too likely. However, despite the injunction, poll workers will still be able to ask for ID from voters, and voters without ID will apparently have to cast a provisional ballot, which could lead to a lot of confusion at the polls.
In the ruling, Judge Robert Simpson followed the guidelines handed down by the state Supreme Court two weeks ago, charging him with determining whether the state offered “liberal access” to IDs to any eligible voter who lacked one and wanted to participate in the election. After hearing a litany of stories about long lines, difficulty with paperwork and other hurdles, Simpson wrote that, despite the state trying to implement changes on the fly to remedy the situation, “I cannot conclude the proposed changes cure the deficiency in liberal access [to ID's] identified by the Supreme Court…. I accept Petitioners’ argument that in the remaining five weeks before the general election, the gap between the photo IDs issued and the estimated need will not be closed.”
The decision was expected, as Judge Simpson hinted at an injunction last week.
However, Simpson did not stop implementation of the entire voter ID law, known in Pennsylvania as Act 18. First of all, the part of the law requiring proof of identification for absentee voting will go through, as the plaintiffs dropped that from their request for an injunction. More important, Judge Simpson very narrowly crafted the injunction. First of all, poll workers can still ask voters in November to produce a valid ID. Here’s what Judge Simpson wrote about that:
I reject the underlying assertion that the offending activity is the request to produce photo ID; instead, I conclude that the salient offending conduct is voter disenfranchisement. As a result, I will not restrain election officials from asking for photo ID at the polls; rather, I will enjoin enforcement of those parts of Act 18 which directly result in disenfranchisement.
The only part that directly results in disenfranchisement, in Simpson’s ruling, is the part where voters without ID who cast a provisional ballot have that ballot tossed. Simpson says that these ballots will count. However, nothing in his ruling says that voters without ID will be allowed to cast a regular ballot. His entire injunction refers to removing the voter ID-related circumstances under which “A provisional ballot shall not be counted.” I don’t know how you can read this without concluding that everyone without ID will have to cast a provisional ballot.
Consistent with this expressed intent, and consistent with principles of
severability, I will enjoin enforcement of those provisions of Act 18 which amend
the provisional ballot procedures of the Election Code and cause
disenfranchisement based on failure to present photo ID for in-person voting. The
injunction will have the effect of extending the express transition provisions of Act
18 through the general election.
Finally, this is just a delay to, not a ban on, voter ID. The process will be available for the next election in 2014, which gives more time for the state to distribute ID, but no guarantee to prevent disenfranchisement at that time. After all, in the months leading up to this election, just 10,000 of a possible 750,000 eligible voters without ID have received one. So there’s a massive amount of work to be done even to get ready for 2014.
I understand why the plaintiffs would be happy with the ruling; nobody without ID can be turned away from the polls. But I think Penda D. Hair of the Advancement Project gets this right. “We are concerned that the ruling will allow election workers to ask for ID at the polls and this could cause confusion,” she said. “This injunction serves as a mere Band-Aid for law’s inherent problems, not an effective remedy.”
Just think of the scenarios. A voter is asked for ID, and producing none, instructed to write a provisional ballot. Technically that ballot must be counted, but the voter might leave, suspecting their vote won’t count. Or they may not follow the provisional ballot instructions closely enough. Or poll worker error could easily lead to a voter being asked to leave without voting.
Election theft does not happen as a result of in-person voter fraud, which would be the dumbest and most onerous way to steal an election ever. But nevertheless, we have this mania over voter ID whipped up by the right. Pennsylvania gets a reprieve today, but a very narrow one.
UPDATE: Think Progress includes this passage which they claim will eliminate the provisional ballot requirement:
Buried in the opinion is a line establishing that the requirement that voters without IDs cast only provisional ballots will also not be in effect during the November election. After describing a “transition” provision from January 1, 2012 until September 17, 2012 where voters who do not show ID may cast a ballot “without the necessity of casting a provisional ballot,” the judge concludes that “the injunction will have the effect of extending the express transition provisions of Act 18 through the general election.” The impact of this line is that voters without ID will cast normal, not provisional, ballots this November, but they will still be asked for ID.
So this all relies on poll workers knowing that the provisional ballot process is not in effect for voter ID, but that they have to ask for a voter ID anyway. I’m not necessarily confident in that approach, but it’s better than how it initially looked.




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The “inquisitorial impulse” shall continue until…no freedoms are left untouched and defiled.
Only then will people revolt; but at what cost?
Sadly, they won’t revolt. The cost is, they won’t vote either.
This could be the lowest Presidential election turnout in history, due in part to the apathy against the two main candidates and due in part to the fear of being harrassed at the polls for not having the right I.D.
And yet the US over-sees elections in the Middle East to ensure they’re free, fair, and not subject to voter harrassment.
Let’s see
$ million registered democrats
4 million registered republicans
republican control the state house, governors mansion and …….the electronic gaming booths posing as “voting Booths’
Let’s keep the electronic gaming machines in the casinos where they belong.
This leads me to believe that of the 750,000 possible elegible voters without ID’s very few of them care about voting.
Poor people, old people, young people voting? What next? It says right in the Constitution only the landed gentry get to vote, doesn’t it?
Why do people think that people who went through the trouble to register
?
Another reason I’m sorry I only kick in $20/month to FDL. Read the MSM headlines, then came here to get the real story. Very sad.
Texas and Oklahome voter ID conspiracies by the despicable, dastardly republican paty were both overturned. Now this. I’m n ot sayihg we’re out of the woods yet, but, I think, in the end, the courts will rule correctly.
Should read 5 million registered democrats
Several things come to mind.
First, the 750,000 number is probably a fantastic exaggeration made up by opponents to make it look like voter ID could be a big problem.
If the numbers were really 10,000 out of 50,000 it would seem like a lot of affected people were trying to get ID’s but couldn’t. But if only 1% to 2% are getting ID’s it doesn’t seem very believable that many people are even trying.
Second, as far as people who went through the trouble to register, registration drives make that almost no trouble at all. In fact political parties (some more than others) pay people to go to your home or office or church or wherever, help you fill out the forms (you don’t even have to speak or read English), etc. Filling out a registration form in order to get somebody off your doorstep is easier than figuring out where and when to vote (or where to get an ID if for some reason you don’t have one).
Third, if it were up to me I’d eliminate registration altogether. It’s much more costly than implementing Voter ID.
As a Judge of Elections in Lancaster, Pa. I have been told by the Board of Elections that the procedure will be to request ID, but that those who do not have ID or refuse to produce it will still be permitted to vote. This mirrors the procedure that was in effect during this year’s primary. Poll worker and Judge training begins this week so the procedure will soon be official. I do not know if every county will have identical procedures.