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Pennsylvania Gov. Tom Corbett (R) had hoped to stop thousands of his eligible constituents from voting this year without an ID.
When Republican policymakers at the state level decided to create harsh, new voting restrictions this year, the approval process was pretty easy: GOP lawmakers worked with GOP governors and passed measures like voter-ID laws.
What Republicans didn't count on were the problems they'd face in the courts.
Two weeks ago, in a bit of a surprise, the Pennsylvania Supreme Court sent the state's voter-ID law back to a lower court for review. This morning, that lower court put the law on hold.
A judge postponed Pennsylvania's controversial voter identification requirement on Tuesday, ordering the state not to enforce it in this year's presidential election but allowing it to go into full effect next year.
The decision by Commonwealth Court Judge Robert Simpson on the law requiring each voter to show a valid photo ID could be appealed to the state Supreme Court.
However, Simpson based his decision on guidelines given to him days ago by the high court justices, and it could easily be the final word on the law just five weeks before the Nov. 6 election. One lawyer for the plaintiffs said it appeared to be a "win."
If the ruling stands, it's a significant setback in the Republican drive to stack the election deck.
Logistical concerns appeared to play a key role in the outcome. With just five weeks until Election Day, Pennsylvania wasn't in a position to process the paperwork for hundreds of thousands of eligible voters, hadn't fully trained elections officials, and was left with a chaotic system full of confused statewide clerks, all unsure how to implement one of the harshest voter-suppression laws in the nation (created to address a problem that doesn't exist).
Judge Simpson specifically said this morning that revised procedures, hurriedly put together by state officials "will reveal unforeseen problems which impede implementation." He added, "I am not still convinced in my predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth's implementation of a voter identification requirement for the purposes of the upcoming election."
Some of the relevant details, including the role of provisional ballots, are still coming together, but at first blush, it appears that the ruling is an important win for voting-rights advocates and a major setback for the GOP.
The entire ruling is online here (pdf).
Update: Rick Hasen explains the significance of the judge enjoining only part of the law: "The state may still ask for id. But it must accept a ballot even if the voter fails to have id. It will not be necessary to cast a provisional ballot. This may cause confusion at the polls, as the state will still have poll workers ask for id, even though a voter can vote without it."
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Yay! At least a win for now. The law still is standing though, and that is scary enough that I hope it convinces a lot of people from PA to stand up to the republicans and get them out of office!
I agree it should not take effect this year but it should be enacted for future elections. You should be able to show who you are when you vote.
I think next year/election is too soon. The effort to find necessary documentation to get the necessary ID can be a multi-year effort, when people have moved frequently, over long distances, or very long ago.
Give this 5 years, or 10 years, to implement. We've done that without thinking when it is a new regulation that businesses must comply with. We always delay implementation to give the business or the industry time to adjust.
People are corporations too -- they should get the same opportunity to adjust.
These voter suppression laws are offensive to most people all across the country and have a negative effect on independents perception of the GOP. In aggregate, they may cost them more voted from the fair minded than they gain in suppression and this would be justice.
Jason, this country has been voting without ID for 230+ years and it is NOT needed. The poll workers live within the precinct where they work and amongst them they know about 95-98% of the people within the precinct as most people don't leave their precinct. The others are newly moved in. Even a few hundred votes one way or another has yet to determine the outcome of a presidential election.
There are very few cases of in person voter fraud and most of those are mistakes. In reality, who would risk 10 years in jail + $10k in fines + lose voting rights just to vote more than once in one election?
Voter ID is unconstitutional as it presumes you are guilty of not being a citizen and you must prove you are.
ID's are easy to fake anyway - they can fake drivers licenses, passports, credit cards, you name it.
Me? I'm more worried about election fraud. You know, things like caging, purging the rolls, misinforming people of the wrong voting day, the electronic voting machines, etc - basically whatever it takes to minimize the votes for the other side.
Well the biggest problem with voter fraud has been stemming from within the republican party and voter ID will do nothing to stop them tearing up voter registrations of democrats or filing false registrations for republicans. The people in states doing that need to go to prison and the fact that Romney paid this guy to do it, that needs investigating.
Jason: the right to vote is a constitutionally protected right (located in at least three separate provisions of the constitution. Consequently, voter ID requirements are a constitutionally-suspect limitation on voting right when there are virtually no documented examples of voter fraud.
well good news for the American people.
and Democracy.
If it is gonna be It should not go into effect until after November the 6th to allow voters 4 years to get it right. Both parties should create jobs of people in every city, county and state and make sure that registration gets done instead of waiting until election time to have this discussion. Hooray!!!
"If the ruling stands, it's a significant setback in the Republican drive to stack the election deck."
Nah, there's always the voting machines, they can be hacked.
But it was obviously made clear by the Penn. SC that - "Justice Simpson" is a political hack, that dealt with this politically not on the merits! He should be fired.
When Romney goes to prison for rigging the election in Florida by hiring a firm to do it, I will advocate removing that judge. The fact is, the biggest problem with voter fraud by far is coming from within the republican party and voter ID can't prevent the obscenity that has become that party.
We've seen voter suppression and fraud in other Countries where they were trying to put in place a Democracy other than a dictatorship. I wonder what other Countrys are now thinking about us going through the same ordeal. I think what it does is reinforce the fact that we also have a long way to go as far as abolishing the right extremists way of thinking. We need to wake up and realize that there are fascists who are trying to draw Americans in to this religious war against other Nations. We should want no part of a religious war, the right extremists in our country need to stop advocating it.
It's gotten to the point, almost, to make you wonder if the Egyptians or Libyans will be sending election observers here to be sure the Republicans don't purvey some kind of fraud on the elections.
Sheesh!
Romney said last week he was going to win Pennsylvania; I wonder if this
ruling changes his mind.
Romney sends a lot of sibliminal messages if you really listen. He thinks he is the Great White Horse the King who comes to save America in the time of trouble. No Joke read it for yourself, Just type in your search engin, Great White Horse and Bam!!! Mormonism. I don't want a mormon dictator.
"Damn activist judges!"
(I'm just channelling the Tea Bagger response)
Activist judge says to ask for ID, but if they say "No", let them vote anyway. Great example of building a habit of respect for the law.
"Pennsylvania voters will still be asked to present IDs at the polls,"
For about 40 years the "ID" I have presented at the polls in the Keystone State as been my signature, matched with the one they have in 'Teh Book'. I wonder if that will still suffice.
Not according to how I read the decision. They can, and probably will, still ask for a state-issued photo ID. All this decision says is that if you don't produce one, you have to be allowed to cast a provisional ballot, and they must count it. The judge has tried to be too cute by half in focusing on the provisional ballots, though. How many people will be scared away from the polls if they think they're going to be asked to produce a photo ID? How many people understand provisional ballots, or will know about this decision, requiring their provisional ballot be counted even if they don't produce a photo ID? This is not a good decision. I hope they take this back to the state Supreme Court.
jsj iowa,
that's not how I understood it. It sounds as though it will NOT be provisional if you do not have or present id...
...""The state may still ask for id. But it must accept a ballot even if the voter fails to have id. It will not be necessary to cast a provisional ballot."
That sounds to me as if everyone will be voting as usual. Maybe I am misunderstanding the wording??
The Dems have to make sure they explain the provisions to the election judges in each precinct, particularly the Dem counties. In addition, Dems will need attorneys in the field to be sure the precinct judges are acting proper with respect to ID's and the way ballots are counted. I anticipate the ruling is going to create just as much confusion by allowing judges to ask for IDs and that opens the door to mischief.
the truth always win.
Good news for the voters of Pennsylvania...not so good news for the Republicans who bragged that this law would help Romney win the PA presidential election.
I for one am glad about the outcome. The intention of this law is so obvious and should never be allowed. Somewere there is evidence why this was begun in the first place. Just like Roobme's speach that was secretly taped, there is something that will tell this country that it is a conspiracy. Maybe someday....the truth must prevail.
Thank goodness! Now Pennsylvania needs to kick the bums out of office...all those who wrote and passed this stupid law. If they don't then...it'll be a shame and they get what they vote for.
So now they will have clearly identifiable provisional ballots to make it easier to know which ones to toss out, but at least people will leave without a scene this way.
Judge Simpson specifically said this morning that revised procedures, hurriedly put together by state officials "will reveal unforeseen problems which impede implementation."
Unforeseen? I'm sorry, but this judge is deliberately wallowing in his own ignorance.
Recall that in his original decision, this same judge concluded that this new law is no problem because, he wrote, photo IDs are part of our everyday lives...deliberately ignoring the fact that photo IDs are not part of the everyday lives of tens of thousands of Pennsylvania citizens.
Republicans couldn't have asked for a more partisan judge.
Restricting voting access is my one and only litmus test for elected officials. Any politician who ever voted for restricting voting rights is permanently on my no-vote list.
The next step is to vote out all of the Republicans in PA and get things back on an honest even keel,
Being from Oklahoma, I noticed that both Oklahoma senators are supporting Todd Akin in MO. Just goes to show the mentality in this state.
I live in MO and am just sickened by the fact that Akin is from here. That people around here still support him because, "He is a good Christian man who supports our morals and a smaller government". I am terrified of a country lead by people like him who piss on our civil rights just to feel better about Their place in Heaven when they go to bed at night. The fact the the GOP is throwing all kinds of money his way now shows how little integrity they have. They don't care how insane or wrong a person is, they just want that seat to throw votes their way.
Good. Now maybe the courts can focus on ACTUAL Republican voter registration fraud that is now being uncovered in multiple states versus the statistically non-existent Democratic voter fraud.
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They say that voter id is not required in Florida at the voter registration office when a friends family member registered, but then told her that it is required to check off someone's address in a computer program at the sign-in table for the november election. This is confusing!
I live in Florida , and there is no reason not to do an absentee ballot.
I just moved my wife's registration to a new county and requested an absentee ballot , all on line , only providing a drivers license number.
I mean seriously, it points out the blatant stupidity of the in person voter fraud panic perpetrated by Republicans
Same playbook being used over and over again. Recommend no bail out for the auto companies, then take credit for their success. This time the playbook does a reverse: Claim to need voter ID laws strengthened, then hire a company who blatantly commits fraud in signing up GOP voters.
Corbett signed into law the Marcellus Shale bill which allowed for fracking in residential areas of Pennsylvania. He also stated that Emergency room doctors were the only individuals who would be allowed to know what chemicals were in the hydraulic fracturing fluid that is allowed to be used. He is another man who has decided to put money before the welfare of people. He has sold his soul and has become another Tin man....Oil can, Oil can Oil can. No heart. He is one of the heartless.
Good...
I could use your help. Last election Baron Hill, a blue dog, got beat. He had one in fifteen T.V. adds. He had a positive add telling the people what he believed in. PAC money ran negative adds. I never saw the face or ideas of the Republican runner who won. Negative adds won the election.
I still do not know what the Republican guy looks like or his ideas. Shelli Yoder the democratic runner could use some PAC money or air time. This is the year of the women. I think Obama will do better than expected in Indiana and she could have a chance win.
Thanks
This is decent news, but next year is still too soon. This should be phased in over a number of years. We had several years to prepare for the advent of digital TV, we should have equal or more time to prepare for changes in our right to vote.
Best if the whole thing is just thrown out on its head. But if not that, then at least provide adequate time.
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why i have 5 more tricks i will try before i get voted out! but i only need one trick to win.
Let's look at the state GOP achievement list again. Voter ID "UNDONE"