Pittsburgh Post-Gazette

Court rules no voter ID at state’s polls Nov. 6

Injunction bars provisiona­l ballot requiremen­t; officials still may ask to see photos

- By Karen Langley

HARRISBURG — Pennsylvan­ia voters will be allowed to cast ballots without showing photo identifica­tion next month under a Commonweal­th Court decision issued Tuesday.

After surviving Democratic opposition in the Legislatur­e and the earlier stages of a legal challenge, the state’s new voter ID law was stripped of its teeth five weeks before Election Day. Judge Robert Simpson, who was asked by the Pennsylvan­ia Supreme Court to reconsider his August decision against stopping the law, on Tuesday barred the state from requiring voters without acceptable identifica­tion to vote by a provisiona­l ballot on Nov. 6. Those provisiona­l ballots would have counted only if they later verified their identity.

Judge Simpson wrote that his injunction would have the effect of extending through the general election a transition period in which voters may be asked for identifica­tion but could vote without it. The order allows a continuati­on of advertisin­g about the ID requiremen­t while calling for a trial on the question of permanentl­y stop-

ping the law.

“Basically we’re in a holding pattern,” said Ken Gormley, dean of the Duquesne University School of Law. “He is not telling the state that they have to halt their educationa­l efforts, and he’s not prohibitin­g election officials from asking for ID. But the bottom line is that regardless of what ID anyone presents, they’re going to be able to vote just as they have in the past.”

Gov. Tom Corbett, who signed the voter identifica­tion measure into law in March, said he had not decided if he would appeal the injunction for the November election but suggested the administra­tion might not.

“As it comes to a preliminar­y injunction, no final decision has been made,” he said. “But you can see where we’re probably leaning.”

The governor’s spokesman, Kevin Harley, said he was referring to a decision not to appeal the ruling.

In its order to reconsider the law, the Supreme Court had focused on efforts to implement the requiremen­t before the November election. Judge Simpson wrote in the opinion issued Tuesday he had expected the state to issue more new driver licenses and photo identifica­tion cards than it has since the law took effect.

“For this reason, 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,” he wrote.

The decision meant a change in plans for voting officials in Allegheny County, where the elections division had just hours to revise instructio­ns for an early afternoon voter ID training session for election judges and inspectors. County Executive Rich Fitzgerald said Community College of Allegheny County branches will cease issuing a photo ID they had begun dispensing to eligible voters.

Attorneys who challenged the law celebrated the decision allowing voters without acceptable identifica­tion to vote with regular ballots, rather than, as Judge Simpson had suggested during the hearing, some form of provisiona­l ballot.

“Voters who don’t have ID on Election Day will be able to vote with a regular ballot as opposed to a provisiona­l ballot,” said Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvan­ia. “We actually think that’s a huge victory.”

But opponents of the law cautioned the judge’s decision to allow the state to continue advertisin­g about the photo identifica­tion requiremen­t could confuse voters about what is required in November. David Gersch, an attorney with the challenger­s, said they would discuss the educationa­l campaign with the administra­tion.

“We like to think at the end of the day they’re not going to be interested in having ads and educationa­l materials out there that are incorrect,” he said.

Matthew Keeler, a spokesman for the Department of State, said the department will continue its education efforts and “make the tweaks we need” to ensure voters understand what will happen at the polls.

“We’ll update it so individual­s understand come the November election — just like the soft rollout — they will not be required but they will be requested to show a form of ID,” he said.

Republican­s passed the voter ID measure through the Legislatur­e over vocal opposition from Democrats, and Steve Miskin, a spokesman for House Republican­s, pointed to the temporary nature of the injunction as a victory.

“It’s unfortunat­e that it took going to the Supreme Court for the critics to acknowledg­e the constituti­onality of requiring identifica­tion for voters,” he said. “Ultimately, that’s what’s going to happen. Voter integrity was never about just one election.”

Some Democrats said they feared voters would not try to vote because they incorrectl­y believe they lack the needed identifica­tion.

“There has been so much controvers­y about this law, I still believe that some voters will not come out to vote fearing that they do not have the proper ID and therefore be disenfranc­hised,” Senate Minority Leader Jay Costa, D-Forest Hills, said in a statement.

The decision sets the stage for the shaping of a permanent voter identifica­tion policy. Mr. Gormley, the Duquesne law school dean, said the opinions of the state Supreme Court and Commonweal­th Court suggest the state Constituti­on allows some form of voter ID law.

“I would not rule out this going back to the Supreme Court on the permanent injunction issue to address whether this law in its current form passes constituti­onal muster or whether the Legislatur­e needs to clean it up further before it’s ready for prime time,” he said.

The Supreme Court had raised concerns about the state’s ability to implement parts of the law requiring free identifica­tion cards for voters without them.

Challenger­s to the law have said requiring photo identifica­tion could be constituti­onal if it does not discount the ballot of any rightful voter.

“In theory, a photo ID law could be constituti­onal. It depends how it’s set up and whether every voter can meet the condition of being able to vote,” Mr. Walczak said. “The devil is in the details, and those details will be litigated after the election at some point.”

 ??  ?? Judge Robert Simpson
Judge Robert Simpson
 ?? J. Scott Applewhite/associated Press ?? Assistant Minority Leader James Clyburn of D-S.C., center, accompanie­d by House Minority Leader Nancy Pelosi, D-Calif., second from right, and others, gestures during a news conference Tuesday in Washington, to discuss the Pennsylvan­ia voter ID law...
J. Scott Applewhite/associated Press Assistant Minority Leader James Clyburn of D-S.C., center, accompanie­d by House Minority Leader Nancy Pelosi, D-Calif., second from right, and others, gestures during a news conference Tuesday in Washington, to discuss the Pennsylvan­ia voter ID law...

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